Page images

courts; amendment of election law, including the substitution of office registration for house to house canvass; a new form of ballot; abolishing the numbering of ballots; prohibiting stay of execution of judgment in election contests; amendments in fee bills; providing for a state board of health, and prescribing the powers of local boards; additional provisions concerning highways; providing for the selection and recording of homesteads; giving to married women full contractual and property rights, and making them equally liable for the maintenance of the family; providing for a state engineer, for the measurement of water, and for the recording of water rights; the enlargement of jury lists, and providing for the selection of jurors by commissioners; granting greater powers to courts-martial; changes in the mining law, and abolishing the office of district mining recorder: amendment of school law, including provisions for the establishment of high schools outside of cities, and for the establishment of “ parental schools"; providing for the employment of convicts; a general act on official bonds; changes in the law relating to real estate; amendment of the law of taxation, including a provision that the state board of equalization shall not assess railroads and other corporations doing business wholly within one county; providing for the registry of births and deaths; abolishing dower, and giving to a surviving wife one-third interest in fee of all realty of which her husband was seized during the coverture: changes in the law of succession; general provisions concerning state institutions providing for deputy state officers; changing the manner of commencing civil actions; providing for reply to counterclaim; other changes in pleadings; the addition of a chapter on garnishment; amendment of the law concerning trials, and a change in the manner of charging juries; modifications of the law concerning exceptions, new trials, and appeals; providing for the punishment of contempts before other than judicial officers; additional provisions concerning the foreclosure of mortgages; amendment of the law concerning forcible entry and detainer; amendment of the law of eminent domain; additional provisions on quo warranto; changes in procedure in justices' courts; simplification of probate procedure and important amendments thereto, including the provision that probate orders and decrees shall import absolute verity; providing forms of probate notices; prescribing a uniform length of time for publication; provisions concerning the selling, mortgaging, and leasing of property of decedent and other estates; providing for the determination of heirship; additions to the penal code; and numerous amendments to the code of criminal procedure.

In the preparation of this work the statutes of almost all of the states of the Union were consulted, and from them the commission received valuable assist


The commission entered upon its duties in April, eighteen hundred and ninetysix, and in January, eighteen hundred and ninety-seven, submitted its revision in the form of a printed bill ready for enactment. The bill provided, and it was enacted, that it should take effect on January first, eighteen hundred and ninetyeight, that all laws enacted prior to the second regular session of the legislature, saving a few expressly enumerated, should be repealed, and that all other acts of

the legislature at its second regular session should have effect as subsequent statutes and as repealing any portion of the revision inconsistent therewith.

The bill was enacted substantially as prepared. The provisions concerning elections, schools, board of land commissioners, etc., were taken from the bill and passed as separate acts to take effect at an earlier date.

By chapter twenty-two of the laws of eighteen hundred and ninety-seven, the members of the commission were continued in office for the purpose of preparing for publication all laws of a general and permanent character passed at the second regular session of the legislature, such laws to be known as the Revised Statutes of Utah. In preparing the statutes for publication every effort has been made to add to their usefulness. Owing to the reduction in the number of sections and to the use of a larger page, the statutes are printed in one volume. The divisions have been simplified into titles, chapters, and sections. The substantive laws are arranged in alphabetical order, and are followed by the codes in the order in which they appeared in the compiled laws. The running head line at the top of each page indicates title and chapter heads. The reference immediately following each section indicates its origin as far as concerns the compiled laws of eighteen hundred and eighty-eight and acts amendatory thereof: the references to the compiled laws being “C. L.,'' followed by the section numbers; the references to the session laws being “í '90, « '92,'' etc., followed by the page numbers. The asterisk is used to indicate that a change has been made in the section.

Where the origin is not given it will be understood that the section is a new one enacted by the legislature to take effect January first, eighteen hundred and ninety-eight. Where sections have been derived from other states or changed to conform to other kindred provisions, the name of the state and the number of the section of its laws consulted have been placed in the foot note; the asterisk denoting in such cases, as in others, that the section has not been precisely followed. The references to the California laws are made to the volumes of Deering's Annotated Codes. In many instances the foot notes contain references to other similar or related sections of the statutes and to closely connected provisions of the state constitution.

The constitution and the statutes have been annotated with all decisions rendered by the Utah supreme court prior to August first, eighteen hundred and ninety-seven, reference being made to the Utah reports and to the Pacific Reporter. The decisions of the United States supreme court in U'tah cases are included. Decisions which do not construe particular sections have been placed under appropriate sections or under section twenty-four hundred and eighty-eight, which extends the common law over the state, reference to such decisions being made in the general index.

The constitution of the United States as herein printed is a literal copy furnished by the department of state at Washington, D. C. The constitutions and the enabling act are each followed by an index and the matter in them is not referred to in the general index.

The commission desires to make its acknowledgments to the judicial and other officers throughout the state, to members of the bar, and to citizens generally, for the many valuable suggestions received. The commission is greatly indebted to Mr. Beverly C. Mosby, Mr. Fred. E. Barker, Judge Morris L. Ritchie, Mr. Thomas D. Lewis, and Mr. Graham F. Putnam for assistance rendered. The completion of the task within the time limited was rendered possible by reason of the efficient aid rendered by these gentlemen.


Code Commissioners, SALT LAKE CITY, Utah, November 1, 1897.

« PreviousContinue »