CHAPTER 28. INFORMATION. AN ACT to amend sections 4606, 4692, 4693, 4731 and 4771 of the Revised Statutes of Utah, 1898, and defining an information, defining certain duties of district attorneys, prescribing the form of an information or indictment, and designating the grounds upon which an information must be set aside. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 4606, 4692, 4693, 4731 and 4771 of the Revised Statutes of Utah, 1898, be, and the same are hereby amended to read as follows: 4606. Information defined. An information is an accusation in writing in form and substance like an indictment for the same offense charging a person with a public offense, presented and signed by the district attorney, or by the attorney pro tem. for the state, and filed in the office of the clerk of the district court. 4692. To be filed within thirty days after commitment. When a defendant has been examined and committed as provided in this code, it shall be the duty of the district attorney within thirty days thereafter to file in the district court of the county in which the offense is triable, an information charging the defendant with the offense for which he is held to answer, or any other offense disclosed by the testimony, whether it be the offense charged in the complaint on which the examination was held or not. If the district attorney fails to file the information within the time specified, he shall be deemed guilty of contempt, and may be prosecuted for neglect of duty, as in other cases. 4693. When information is not filed. If the district attorney determines that an information ought not to be filed in any such case, he must make, subscribe and file with the clerk of the district court of the county, a statement in writing setting forth his reasons in fact and in law for not filing such information, and such statement must be filed during the term of court at which the defendant is held to appear for trial. The court must thereupon examine such statement, together with the evidence filed in the case, and if, upon such examination, the court is not satisfied with such statement, the district attorney must be directed and required by the court to file the proper information and bring the case to trial. But if the court does not require that information to be filed, and the defendant is not held or wanted to answer for any other public offense, he shall be discharged, his bail exonerated and his money refunded to him. 4731. Form of information. It may be substantially in the following form: of The state of Utah against A. B. In the district court of the day A. D. 190..., A. B. is accused by the grand jury of the county of by this indictment (or by the district attorney by this information), of the crime of (giving its legal appellation, such as murder, arson or the like, or designating it as a felony or misdemeanor), committed as follows: Said A. B. on the. A. D. 190 at the county of.. ..day of (here set forth the act or omission charged as an offense), contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Utah. 4771. When information must be set aside. The information must be set aside by the court in which defendant is arraigned, upon his motion, in any of the following cases: 1. When it fails to recite that the defendant had theretofore been duly committed by a magistrate. 2. When the names of the witnesses testifying on the part of the state, in such examination are not endorsed thereon. 3. When it is not signed by the district attorney or by the attorney pro tem. for the state. Sec. 2. This act shall take effect upon approval. CHAPTER 29. LAND IN LIEU OF UNSURVEYED SCHOOL LAND. AN ACT to relinquish to the United States the unsurveyed school land of this state in lieu of a grant of land of equal area to be made by the United States to the state. Be it enacted by the Legislature of the State of Utah: SECTION 1. Unsurveyed school land relinquished conditionally. The state of Utah hereby relinquishes and surrenders to the United States of America all its claim and title to the second, sixteenth, thirty-second and thirty-sixth sections in the state of Utah, heretofore granted by the United States, as remain unsurveyed by the United States, at the date of the passage of an act by Congress, that may hereafter be enacted, granting to the state of Utah land equal in area to the land hereby relinquished, such grant to be in lieu of the land hereby relinquished. This relinquishment is made upon the express condition that the United States shall grant to the state of Utah land equal in area to the sections two, sixteen, thirtytwo and thirty-six, as remain unsurveyed at the time of such grant, the state to have the right to select the land so granted in the smallest legal subdivisions. Approved this 12th day of March, 1901. CHAPTER 30. COUNTY COMMISSIONERS. AN ACT to amend section 496 of the Revised Statutes of Utah, 1898, providing for the election and term of office of county commissioners. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 496 of the Revised Statutes of Utah. 1898, be and the same is hereby amended to read as follows: 496. When elected. County commissioners shall be elected in each county at the general election held in the year nineteen hundred and two, as follows: One for a term of four years and two for a term of two years, and every two years thereafter there shall be elected in each county two commissioners, one for a term of four years and one for a term of two years, and shall hold office for the term for which each has been elected and until their successors are elected and have qualified. They shall take office on the first Monday in January next following their election. Approved this 12th day of March, 1901. CHAPTER 31. PROPERTY EXEMPT FROM EXECUTION. AN ACT to amend section 3245 of the Revised Statutes of Utah, 1898, as amended by chapter 66 of the Laws of Utah, 1899, relating to property exempt from execution. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3245 of the Revised Statutes of Utah.! 1898, as amended by chapter 66 of the Laws of Utah, 1899, be, and the same is hereby amended to read as follows: 3245. Property exempt from execution. The following property is exempt from execution, except as herein otherwise specially provided: 1. Chairs, tables and desks, to the value of two hundred dol lars, and the library belonging to the judgment debtor, also musical instruments in actual use in the family. 2. Necessary household, table and kitchen furniture belonging to the judgment debtor, to the value of three hundred dollars; als one sewing machine, all family hanging pictures, oil paintings and drawings, portraits and their necessary frames; all carpets in use: provisions actually provided for individual or family use sufficient for three months; two cows, with their sucking calves; two hogs. with all sucking pigs; all wearing apparel of every person or family; also all beds or bedding of every person or family; provided, that if the judgment debtor be the bead of a family consisting of five or more members, there shall be a further exemption of two cows and their sucking calves. 3. The farming utensils or implements of husbandry of a farmer not exceeding in value the sum of three hundred dollars; also two oxen, or two horses, or two mules and their harness, one cart or wagon; also all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time. within the ensuing six months, not exceeding in value the sum of two hundred dollars; crops, whether growing or harvested, and the proceeds thereof, not exceeding in value two hundred dollars. 4. The tools, tool chest, and implements of a mechanic or artisan, necessary to carry on his trade, not exceeding in value the sum of five hundred dollars; the notarial seal and records of a notary public; the instruments and chests of a surgeon, physician, surveyor and dentist, necessary to the exercise of their professions, with their scientific and professional libraries, and the law professional libraries and office furniture of attorneys, counselors and judges, and the libraries of ministers of the gospel, and the typewriting machine of a stenographer, typewritist, copyist and reporter; and the type, presses, and material of a printer or publisher necessary in the pursuit of his business, not exceeding in value the sum of five hundred dollars. 5. The cabin or dwelling of a miner, not exceeding in value. the sum of five hundred dollars; also his sluices, pipes, hose, windlass, derrick, cars, pumps and tools not exceeding in value five hundred dollars. 6. Two oxen, two horses, or two mules, and their harness; and a cart and wagon, one dray or truck, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns his living; and one horse, with vehicle and harness, or other equipments, used by a physician, surgeon or minister of the gospel, in making his professional visits. 7. One-half of the earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or levy of attachment by garnishment or otherwise, when it appears by the debtor's affidavit that he is a married man, or head of family, and that such earnings are necessary for the use of his family, residing in this state, supported wholly or in part by his labor; provided, that when the earnings are two dollars a day or less, such married man or head of family shall be entitled to an exemption of $30 per month; provided, that in no case shall the judgment debtor be taxed with the costs of any proceeding to obtain by levy of execution or otherwise, any part of the earnings of such judgment debtor, for personal services rendered within thirty days next preceding the levy of such execution. 8. All money, benefits, privileges or immunities accruing, or in any manner growing out of any life insurance on the life of the debtor, if the annual premiums paid do not exceed five hundred dollars. 9. All arms, ammunition, uniforms and accoutrements required by law to be kept by any person. 10. All courthouses, jails, public offices and buildings, schoolhouses, houses of public worship, lots, grounds and personal property appertaining thereto; the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county in this state, or for the use of schools or houses of public worship; and all cemeteries, public squares, parks and places, public buildings, town halls, public markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company, now existing, or which may be under the laws of this state hereafter organized. 11. A homestead selected or claimed as provided in the title "Homesteads" of the Revised Statutes of Utah, 1898. Approved this 13th day of March, 1901. CHAPTER 32. FUNDING OF COUNTY INDEBTEDNESS. AN ACT to amend section 514 of the Revised Statutes of Utah, 1898, relating to the funding of county indebtedness. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 514 of the Revised Statutes, 1898, be, and the same is hereby amended to read as follows, to-wit: 514. County debts existing June 4th, 1896. The board of county commissioners of any county having an outstanding indebtedness on the fourth day of June, eighteen hundred and ninety-six, evidenced by bonds, warrants, promissory notes or other evidences thereof, provided that such indebtedness is not in excess of that authorized by law, by an affirmative vote of all the members thereof, is empowered to fund and refund the same, and to issue bonds of the county therefor, in sums not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing interest at a rate not to exceed five per cent per annum, payable semi-annually, which bonds shall be substantially in the following form: The county of No. value received, promises to pay of the treasurer of said county, in in the state of Utah, for or order, at the office on the first day of.. 1 |