reverted and the district attorney shall file a copy of such list in the office of the state auditor and of the attorney general. He shall also, on the first day of December of each year file a report with the attorney general, stating the number of criminal prosecutions in his district, the character of offense charged, the number of convictions, the amount of fines and penalties imposed, and the amount collected. He shall call attention to any defect in the particular operation of the law, and suggest such amendments as in his judgment are necessary to perfect the same. It Sec. 9. County Attorney to Report to District Attorney. shall be the duty of the county attorney of any county within his district, immediately upon the termination of any examination before any justice of the peace of any person charged with felony, where such person has been ordered held to answer in the district court, to forward to the district attorney a transcript of the docket in such case, including a copy of the original complaint and of the commitment, a list of the necessary witnesses of the state, with their postoffice address, and such a statement of the facts as will enable the district attorney to determine for what specific offense an information should be filed before the district court. Sec. 10. Must Not Counsel Defendant or Compromise Suits. No district attorney shall in any manner consult, advise, counsel, or defend, within this state, any person charged with any crime, misdemeanor, breach of any penal statute or ordinance, nor shall he be qualified to prosecute or dismiss in the name of the state any case in which he has previously acted as counsel for the accused on the pending charge; nor shall he in any case compromise any cause or enter a nolle prosequi, either before or after the filing of an indictment or information, without the consent of the court. Sec. 11. Acting District Attorney. If at the convening of any term of the district court or the empaneling of any grand jury in his district, the district attorney shall be absent or unable to perform his duties, from sickness or otherwise, or in any case in which he shall be disqualified, he shall, if the time permit, request some other district attorney of the state to appear and serve during his absence or disqualification, and in case no other district attorney can serve, the court shall forthwith appoint some attorney to act for the state in the place of the district attorney, during the absence, inability or disqualification of said district attorney; and the person appointed shall have full power to discharge all the duties of said. office during the absence, inability or disqualification of the district attorney and shall receive a reasonable compensation for his services, to be allowed by the court, and certified to the state auditor, who, upon its allowance by the state board of examiners, shall issue his warrant thereof. Such allowance shall be deducted from the salary of the district attorney. Sec. 12. Office Forfeited. In case any district attorney shall fail or refuse to perform the duties of his office for a period of thirty consecutive days without reasonable excuse, or in any case he shall be absent from the state or the district for ninety days, he shall be deemed to have forfeited his office, except that such absence may be extended as provided by the constitution of this state in the case of judicial officers. And in case any vacancy occur in the office of district attorney by death, resignation, absence, failure, or refused to perform his duties or otherwise, the said office shall be filled in the manner prescribed for the filling of vacancies in state and judicial offices, and the appointee shall hold his office for the same time as provided in the case of appointees to state and judicial offices. Sec. 13. State Officers. How Paid. District attorneys shall be deemed to be state officers and their salaries and such expenses as are provided herein shall be paid by the state in the manner prescribed for the payment of judges of the district court and they shall receive the same mileage as is provided for such judges, and their salaries shall be as hereinafter provided, which they shall take in the lieu of all other compensation; and from and after the approval of this act the state shall not be liable for any portion of the salaries of county attorneys in the fourth, fifth, sixth and seventh judicial districts nor for any portion of the salaries of county attorneys in the first, second, and third judicial districts after the first day of January, A. D. 1901. Sec. 14. Salaries. The annual salaries of the several district attorneys for the several judicial districts of this state shall be as follows: Sec. 15. County Attorneys to Perform Duties of Until District Attorney Qualified. The duties conferred upon district attorneys in this act, shall be performed by the county attorneys of the respective counties of a judicial district until a district attorney is appointed or elected and qualified as provided by this act. Sec. 16. Governor to Appoint in Certain Districts. The governor shall within thirty days after the taking of effect of this act, appoint a district attorney in each of the following judicial districts viz: The fourth, fifth, sixth, and seventh judicial districts who shall hold their respective offices until the first day of January, 1901, and until their successors are elected and qualified. The said appointed district attorneys shall receive the salary stated in section 14 of this act, pro rata, for the time of service, provided, that not more than one-half of the persons appointed to said offices shall belong to the same political party. Sec. 17. Repeal. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 9, 1899. CHAPTER 57. AN ACT to Amend Section 5164 of the Revised Statutes of Utah, 1898, Relating to Witnesses and Testimony in Criminal Proceedings in Justice's Courts. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 5164 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: Sec. 5164. Witness May be Required to Give Bonds, or Conditionally Examined. When an appeal is taken, the justice must, if application is made by the county attorney, cause all material witnesses on behalf of the prosecution to enter into an undertaking in like manner as in a case where a defendant is held to answer on a preliminary examination. And when it shall satisfactorily appear by examination on oath of the witness or any other person that the witness is unable to procure sureties, such witness may be forthwith conditionally examined on behalf of the state. Such examination must be by question and answer in the presence of the defendant or after notice to him, if on bail, and reduced to writing, and the witness must thereupon be discharged. The testimony as given, subscribed by the witness and duly certified to by the justice, may be read in evidence by the state or municipality or the defendant upon any subsequent trial of the same case in the district court on appeal, upon it being satisfactorily shown that such witness is either dead or out of the state. Approved March 9, 1899. CHAPTER 58. MECHANICS' LIENS. AN ACT to Amend Section 1400 of the Revised Statutes of Utah, 1898, Relating to 'Mechanics' Liens." Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1400 of the Revised Statutes of Utah, 1898, be and the same is amended so as to read as follows: Sec. 1400. Attorney's Fee. Attorney's Fee. "In any action brought to enforce any lien under this chapter, the successful party shall be entitled to recover a reasonable attorney's fee, to be fixed by the court not to exceed twenty-five dollars which shall be taxed as costs in the action." Sec. 2. This shall take effect upon approval. CHAPTER 59. NEW TRIALS IN DISTRICT COURTS. AN ACT Relating to New Trials in the District Courts and Repealing Sections 3293 and 3296 of the Revised Statutes of Utah, 1898, Be it enacted by the Legislature of the State of Utah: SECTION 1. Application for New Trial. In an application for a new trial it shall be sufficient for the party applying for the same to state in the language of the statute only, one or more grounds as specified in section 3292 of the Revised Statutes of Utah, 1898; provided, that when the application is made upon the first, second, third or fourth subdivisions of section 3292 of the Revised Statutes of Utah, 1898, it must be supported by affidavit. In all other cases it may be made upon the minutes of the court. Sec. 2. Section 3293 and section 3296 of the Revised Statutes of Utah, 1898, and all acts and parts of acts in conflict with this act are hereby repealed. Approved March 9, 1899. CHAPTER 60. GOVERNMENT BUILDING SITE. AN ACT Ceding to the United States Exclusive Jurisdiction Over Lands or Territory Within this State, Hereafter Acquired for a Site for a Public Building, and Authorizing the Governor to Execute the Same. Be it enacted by the Legislature of the State of Utah: SECTION 1. Jurisdiction Ceded U. S. Over Site for Public Building. Exclusive jurisdiction is hereby ceded to the United States in, to and over any and all lands or territory within this state, which may hereafter be acquired by the United States for the purpose of a site for a public building provided for in an act of congress entitled "An act providing for the erection of a public building at Salt Lake City, Utah, approved the day of March, 1899. Sec. 2. The Governor is hereby authorized and empowered to execute the cession herein granted upon requisition of the said United States or proper officers thereof, when such property shall have been acquired. Sec. 3. This act shall take effect upon approval. CHAPTER 61. EXPENSES OF COLLECTING TAXES IN CITIES AND TOWNS. AN ACT Providing for the Expenses of Assessing and Collecting Taxes in Cities of the First, Second and Third Class, Also Incorporated Towns. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2695 of the Revised Statutes of Utah, 1898, be amended to read as follows: Sec. 2695. Expenses of Collection. Each city of the first class. shall pay to the county in which it is situated one-half of one per cent; and each city of the second class shall pay to the county one per cent on the amount of taxes collected, and such payments shall be in full for the services and compensation of the county assessor, county auditor and county treasurer and all other county officers in assessing, collecting and paying over the city tax, and cities of the third class and incorporated towns shall pay to the county one-half of one per cent on the taxes collected in such city, or town, in full for the services and compensation of the county assessor in assessing the tax and preparing the copy of the assessment roll as provided in sections 2687 and 2688 of the Revised Statutes of Utah of 1898. Approved March 9, 1899. CHAPTER 62. APPEALS. AN ACT Amending Sections 3305 and 3316 of the Revised Statutes of Utah, 1898, Relating to Appeals. Be it enacted by the Legislature of the State of Utah: SECTION 1. Section 3305 of the Revised Statutes of Utah, 1898, is hereby amended to read as follows: Sec. 3305. Appeal Taken by Filing and Serving Notice. Undertaking. An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney. The order of service is immaterial, but within five days after service of the notice of appeal an undertaking shall be filed or a deposit of money be made with the clerk, as hereinafter provided, or the undertaking be waived in writing by the adverse party; provided, that where the appellant makes and files with the clerk of the court from which the appeal is taken, an affidavit in the form set out in section 1017 of the Revised Statutes of Utah, 1898, no bond on appeal shall |