CHAPTER 50. APPEALS FROM JUSTICE'S COURTS. AN ACT to Amend Section 3750, of the Revised Statutes of Utah, 1898, Relating to Appeals from Justice's Courts, and When Such Appeals May Be Dismissed. Be it enacted by the Legislature of the State of Utah: That section 3750 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: On notice, an Sec. 3750. When Appeals May Be Dismissed. appeal may be dismissed for either of the following cases: 1. That it was not taken in time. 2. That the papers were not filed in the district court, and the advance fee required therefor was not paid within thirty days after the transcript was received by the clerk. 3. That the undertaking is insufficient; provided, that the district court may permit a new undertaking to be filed. 4. That the justice did not have jurisdiction of the subject matter of the action. Approved March 9, 1899. CHAPTER 51. SERVICE OF SUMMONS. AN ACT in Relation to the Service of Summons, and Amending Section 2948 of the Revised Statutes of Utah, 1898. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2948 of the Revised Statutes of Utah, of 1898, be and the same is hereby amended to read as follows: Sec. 2948. Summons, How Served. The summons must be served by delivering a copy thereof as follows: 1. If the defendant is an incorporated city, to the mayor or recorder; if an incorporated town, to the president or clerk of the board of trustees. 2. If the defendant is a county, to a county commissioner or to the county clerk of such county. 3. If the defendant is a school district, to a trustee thereof; if the board of education of a city, to the president or clerk of such board. 4. If the defendant is an irrigation district, to the president, superintendent or watermaster. 5. If the defendant is a domestic corporation, to the president or head of the corporation, secretary, treasurer, cashier, or managing agent thereof. If no such person can be found within the state, If then upon a director of the corporation found within the state. the defendant is a foreign corporation, or non-resident joint stock company or association, to the president, secretary, treasurer, or other officer thereof, or to the person designated by such corporation, company, or association, as one upon whom process may be served. If no such person can be found, then upon any clerk, superintendent, general agent, cashier, principal director, ticket agent, station keeper, managing agent, or other agent having the management, direction, or control of any property of such corporation, company or association. If none of the persons named in this subdivision can be found in the county in which such action is commenced, then service may be made as provided herein upon any such persons in any county in this state. 6. If the defendant is a minor under the age of fourteen years, to such minor and also to his father, mother or guardian; or, if there is none within the state, then to any person having the care and control of such minor, or with whom he resides, or in whose service he is employed. 7. If the defendant is a person judicially declared to be of unsound mind or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such guardian. 8. In all other cases, to the defendant personally, or by leaving such copy at his usual place of abode with some suitable person of at least the age of fourteen years. Approved March 9, 1899. CHAPTER 52. PRIVATE CORPORATIONS. AN ACT to Amend Section 314 of the Revised Statutes of Utah Relating to Private Corporations. Be it enacted by the Legislature of the State of Utah : SECTION 1. That section 14 of the Revised Statutes be amended to read as follows: Sec. 314. Purpose. Incorporators. Name. Private corporations may be formed in the manner prescribed in this act for any purpose for which individuals may lawfully associate. The number of incorporators shall not be less than five, one of whom must be a resident of this state. No corporation can take the name of a corporation theretofore organized under the laws of this state, nor of a foreign corporation having complied with the laws of this state so as to entitle it to do business within this state, nor one so nearly resembling the name of any such corporation as to be misleading. The secretary of state may refuse to issue a certificate of incorporation to any association violating the provisions of this act. Sec. 2. This act shall take effect upon approval. CHAPTER 53. STATE INSTITUTIONS DRAWING BIENNIAL APPROPRIATIONS. AN ACT to Amend Section 2070 of the Revised Statutes in Relation to State Institutions Drawing Their Biennial Appropriations. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2070 of the Revised Statutes of Utah of 1898 be amended to read as follows: Sec. 2070. Appropriations. When Available. How Drawn. That on the first day of each month, or as soon thereafter as the bills for the expenses for the previous month have been audited, the board of control of each state institution, or the proper committee thereof, duly authorized by the board for such purpose, shall make a requisition upon the state auditor for a warrant in sufficient amount to pay the bills so audited, and thereupon the state auditor shall draw his warrant against the appropriation made for such institution for the amount named in the requisition, in favor of the treasurer of the governing board of the institution or in case of the state prison in favor of the warden thereof. To obtain such warrant the treasurer of the board or the warden must present to the state auditor a written authorization from the board. Sec. 2. This act shall take effect upon approval. CHAPTER 54. LETTERS OF ADMINISTRATION. AN ACT to Amend Section 3818, Chapter 4, Title 74, Revised Statutes of the State of Utah, Relating to Letters of Administration. Be it enacted by the Legislature of the State of Utah: SECTION 1. Section 3818 of chapter 4, title 74, of the Revised Statutes of the state of Utah, 1898, is hereby amended to read as follows: Sec. 3818. Notice of Hearing. When a petition praying for letters of administration is filed, the clerk must set the petition for hearing and give notice thereof by publication, or by posting as the court may direct, and by the mailing of notices to the heirs. Approved March 9, 1899. CHAPTER 55. INCORPORATION OF CITIES. AN ACT to Amend Section 169 of the Revised Statutes of the State of Utah, Relating to Incorporation and Classification of Cities. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 169 of the Revised Statutes of Utah, 1898, be amended to read as follows: Sec. 169. Petition for Incorporation. When the inhabitants of any part of any county, not embraced within the limits of any city, shall desire to be organized into a city, they may apply, by petition in writing, signed by not less than one hundred of the real property taxpayers who are qualified electors, of territory to be embraced in the proposed city, to the board of county commissioners of the proper county, which petition shall describe the territory proposed to be embraced in such city, and shall have annexed thereto an accurate map or plat thereof, and state the name proposed for such city, and shall be accompanied with satisfactory proof of the number of inhabitants within the territory embraced in said limits. Approved March 9, 1899. CHAPTER 56. DISTRICT ATTORNEY. AN ACT Creating the Office of District Attorney and Defining the Duties and Powers Thereof, Fixing Their Salaries, and to Amend Sections 2061, 633, 2449, 4692, 4693, of the Revised Statutes of Utah, 1898. Be it enacted by the Legislature of the State of Utah: SECTION 1. District Attorney, Office of Created. There is hereby created within the state of Utah, the office of district attorney whose election, qualification, duties and term of office shall be as is hereinafter provided. Sec. 2. Election, Term of Office. That at the general election to be held in 1900 and quadrennially thereafter there shall be elected in each of the several judicial districts of this state an officer to be known as district attorney, whose term of office shall be for four years, beginning on the first Monday of January succeeding his election. The said officer shall be elected by the qualified electors of the respective judicial districts of this state and under the laws and regulations governing the election of the district judges. Sec. 3. Qualifications. No person shall be eligible to the office of district attorney who, at the time of his election, is not a qualified elector and a bona fide resident of the judicial district for which he may be elected; nor shall any person be eligible to said office who has not been admitted to practice in the supreme court of this state. Sec. 4. Oath and Bond. Upon entering upon the duties of his office, each district attorney shall take the constitutional oath and shall give a bond in the penal sum of five thousand dollars for the faithful performance of the duties of his office, to be approved by the judge of the district. Sec. 5. Duties of. It shall be the duty of the district attorney to appear and prosecute for the state in the district court of his district, and in all criminal prosecutions, and in all civil cases, in which the state may be interested, and render such assistance as may be required by the attorney general in all such cases that may be appealed to the supreme court; he shall attend the deliberations of the grand jury; he shall draw all indictments and informations for offenses against the laws of this state within his district and shall cause all persons indicted or informed against to be speedily arraigned; he shall cause all witnesses for the state to be subponed to appear before the court or grand jury; he shall examine carefully into the sufficiency of all appearance bonds that may be tendered to the district court of his district, and, upon the order of the court, shall institute proceedings in the name of the state for recovery upon the forfeiture of any appearance or other bonds running to the state and enforce the collection thereof. Sec. 6. Ib. The district attorney shall, when not conflicting with other official duties, attend to all legal business required of him in his district by the attorney general, without charge, when the interests of the state are involved. Any district attorney may, whenever he deems it necessary, appear and prosecute before any justice of the peace within his district in the preliminary examination of any person charged with a felony. All the duties as public prosecutor now devolving upon county attorneys shall be assumed and discharged by the district attorney, except in cases of prosecutions for misdemeanors and preliminary examinations before justices of the peace. Sec. 7. Statement at Close of Term. He shall at the close of every term make out a statement of all fines, penalties and forfeitures accruing to the state, adjudged and made final at such term, and also of all fines, penalties and forfeitures accruing to the state that have been collected or received by any officer required to collect or receive the same, stating each case and the amount, and shall transmit such list to the state auditor, and shall proceed against such officer and his sureties for any neglect of duty of which he may be guilty. Sec. 8. Escheated Property. Report to Attorney General. It shall be the duty of each district attorney to ascertain by all practicable means, what estate or property, within his district, has escheated or reverted to the state, and he shall require the assessor of taxes of each county within his district to furnish him, annually, a list of all real or personal property that may have so escheated or |