ended 03. 76 CHAPTER 19. CIVIL ACTIONS. AN ACT providing for the place of trial of civil actions arising without the State. Be it enacted by the Legislature of the State of Utah: SECTION 1. Cause of action arising without state, where tried. All causes of action arising without the state may be tried in any county in the state, subject, however, to the power of the court to change the place of trial as provided by law. Approved this 5th day of March, 1901. CHAPTER 20. EXECUTION FROM JUSTICES' COURTS. AN ACT to amend section 3737 of the Revised Statutes of Utah, 1898, relating to executions, and limiting the time within which executions may be issued on judgments of justices' courts. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3737 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 3737. Execution issued within eight years. Execution for the enforcement of a judgment of a justice's court may be issued on the application of the party entitled thereto at any time within eight years from the entry of the judgment. Approved this 5th day of March, 1901. CHAPTER 21. LIEN OF JUDGMENT IN JUSTICE'S COURT. AN ACT to amend section 3736 of the Revised Statutes of Utah, 1898, relating to judgment liens, and making judgments rendered in a justice's court, liens upon lands of defendants in civil actions in certain cases, and fixing the time during which such liens shall continue. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3736 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 3736. Judgment a lien only when docketed in district court. A judgment rendered in a justice's court creates no lien upon any lands of the judgment debtor, unless such an abstract is filed and docketed in the office of the clerk of the district court of the county in which the lands are situated; and when so filed and docketed, such judgment is a lien upon the real property of the judgment debtor, not exempt from executiou, situated in that county, for the period of eight years from the date of the judgment, unless the judgment be previously satisfied. Approved this 5th day of March, 1901. CHAPTER 22. EXECUTION ON JUDGMENTS FROM JUSTICES' COURTS. AN ACT to amend section 3735 of the Revised Statutes of Utah, 1898, and providing for the issuance of executions from district courts in certain cases upon judgments rendered in justices' courts. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3735 of the Revised Statutes of Utah of 1898, be and the same is hereby amended to read as follows: 3735. Execution issued from district court. From the time of the docketing in the office of the clerk of any district court, execution may be issued thereon within the same time, in the same manner and with like effect as if issued on a judgment of the district court. Approved this 5th day of March, 1901. CHAPTER 23. CHANGE OF PLACE OF TRIAL. AN ACT to repeal sections 2932 and 2933 and to amend section 2934 of the Revised Statutes of Utah, 1898, relating to place of trial, and providing for a change of the place of trial, of civil actions in certain cases. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 2932 and 2933 of the Revised Statutes of Utah, 1898, are hereby repealed, Sec. 2. That section 2934 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 2934. Change of venue. Grounds. The court may on motion, change the place of trial in the following cases: 1. When there is reason to believe that an impartial trial cannot be had in the county designated in the complaint. 2. When the convenience of witnesses and the ends of justice would be promoted by the change. 3. When from any cause the judge is disqualified from acting; provided, however, that the court in its discretion may either grant the motion to change the place of trial for the cause stated in this subdivision, or may call in another district judge not disqualified to try the case. 4. When all the parties to an action, by stipulation or by consent in open court, entered in the minutes, may agree that the place of trial may be changed to any county in the state. court must order the change as agreed upon. Approved this 5th day of March, 1901. Thereupon the CHAPTER 24. SUPERINTENDENT OF PUBLIC INSTRUCTION. AN ACT amending section 1780, of the Revised Statutes of Utah, 1898, and regulating the payment of the salary and expenses of the State Superintendent of Public Instruction and requiring him to deliver the books and other articles pertaining to his office to his successor. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1780 of the Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 1780. Quarterly expense account of State Superintendent. Books, etc., to successor. At the end of each month he shall file with the state board of examiners an itemized account of his expenses verified by his oath. The said board shall examine the same, and, if the account is found to be correct and the expenditures necessary, shall certify the same to the State Auditor, who shall issue a warrant to the State Treasurer for the amount due on such account, and at the end of each quarter year, for one-fourth of the Superintendent's annual salary, and shall charge the same to the state district school fund. At the expiration of his term of office he shall deliver to his successor, all books, records, documents, maps, reports, papers and other articles pertaining to his office. Sec. 2. This act shall take effect upon approval. CHAPTER 25. EMINENT DOMAIN. An Act amending section 3588 of the Revised Statutes of Utah, 1898, providing for the uses in which the right of eminent domain may be exercised. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3583, of Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 3588. Exercised in behalf of what uses. Subject to the provisions of chapter 65, Revised Statutes, 1898, the right of eminent domain may be exercised in behalf of the following public uses: 1. All public uses authorized by the government of the United States. 2. Public buildings and grounds for the use of the state, and all other public uses authorized by the Legislature. 3. Public buildings and grounds for the use of any county, incorporated city or town, or school district; reservoirs, canals, aqueducts, flumes, ditches, or pipes for conducting water for the use of the inhabitants of any county, or incorporated city or town, or for draining any county, or incorporated city or town; for raising the banks of streams, removing obstructions therefrom, and widening, deepening, or straightening their channels; for roads, streets, and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof. 4. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, by-roads, plank and turnpike roads, roads for transportation by traction engines or road locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation. 5. Reservoirs, dams, water-gates, canals, ditches, flumes, tunnels, aqueducts, and pipes for supplying persons, mines, mills, smelters, or other works for the reduction of ores, with water for domestic or other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable. 6. Roads, railroads, tramways, tunnels, ditches, flumes, pipes, and dumping places to facilitate the milling, smelting, or other reduction of ores, or the working of mines; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters or other works for the reduction of ores, or from mines; mill dams; natural gas or oil pipe lines, tanks, or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, of any place for the flow, deposit or conduct of tailings or refuse matter. 7. By-roads leading from highways to residences and farms. 8. Telegraph, telephone, electric light, and electric power lines, and sites for electric light and power plants. 9. Sewerage of any city, or town, or of any settlement of not less than ten families, or of any public building belonging to the state, or of any college or university. 10. Canals, reservoirs, dams, ditches, flumes, aqueducts, and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light, or heat. 11. Cemeteries or public parks. 12. Pipe lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar. Approved this 5th day of March, 1901. CHAPTER 26. RAILROAD CORPORATIONS. AN ACT to codify and revise certain laws of this state providing for the formation of corporations for the purpose of purchasing, constructing, acquiring, owning, maintaining, operating or extending railroad lines, franchises, properties and appurtenances, authorizing the issue by such corporations of stocks and bonds and other securities, and the making of deeds of trust, mortgages, and defining certain rights and powers of such corporations; and to repeal the following named acts and parts of acts, namely: Chapter 1, Laws of Utah, 1899; chapter 17, Laws of Utah, 1899; Chapter 2, Laws of Utah, 1901; chapter 3, Laws of Utah, 1901; sections 431, 432, 433, 435 and 442 of the Revised Statutes of Utah, 1898. Be it enacted by the Legislature of the State of Utah: SECTION 1. Formation, rights and duties of railroad corporations. Corporations, for the purpose of constructing, owning, operating and maintaining railroads, within or partly within and partly without or wholly without this state, or union railroad depots, with terminal tracks, connections and facilities, may be incorporated to exist for any term of years, not less than five years nor more than one hundred years, under the provisions of law respecting corporations for pecuniary profit, and all the rights, privileges and powers, and all the duties and obligations of such corporations, and the officers and stockholders thereof, and respecting the assessment of the capital stock thereof, shall be as provided by law respecting corporations for pecuniary profit, except as in this act otherwise provided. Sec. 2. Contents of articles. The articles of incorporation shall include an estimate of the cost of construction and equipment of any railroad to be constructed, the kind of power to be used, the names of the places between which and of the counties through or into which it is proposed to construct such railroad, and, as near as may be, its length; nor shall the certificate of incorporation issue |