sioner shall require all persons holding manufacturers or wholesale licenses, as provided in this act, to keep a record in a form separate from all other business in which every sale of renovated butter shall he recorded, giving the quantity sold, the name and location of the buyer and the place to which it was shipped. Such record shall be accessible at all times to duly authorized representatives of the State Food and Dairy Commissioner. Sec. 4. License to be paid into State Treasury. All license fees paid to the State Food and Dairy Commissioner under this act shall be paid by said Food and Dairy Commissioner into the State Treasury. Sec. 5. Penalty. Whoever shall violate any of the provisions or sections of this act shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished for the first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars; or by imprisonment in the county jail for not less than ten days and not exceeding thirty days; and for each subsequent offense, by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than twenty days nor more than one hundred days or by both such fine and imprisonment, at the discretion of the court. Sec. 6. County Attorney must prosecute. Fines, where paid. It shall be the duty of the County Attorney of each and every county in the State, upon application to attend to the prosecution in the name of the State of any action brought for the violation of any of the provisions of this act within his district. All of the fines imposed for the violation of any of the provisions of this act shall be paid to the county in which the fine is imposed. Approved this 9th day of March, 1905. truaided y chap 10 70 CHAPTER 92. CHANGES OF VENUE OF ACTIONS BEFORE JUSTICE. An Act amending sections 3669 and 3671, Revised Statutes of Utah, 1898, and adding a new section to be known as 3671-A, relating to change of venue of actions pending be fore Justices of the Peace. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 3669 and 3671, Revised Statutes of Utah. 1898, be, and the same is hereby amended to read as follows: 3339. Change of venue. When allowed. The court must at any time before the trial, on motion, change the place of trial in the following cases: 1. When it appears to the satisfaction of the Justice before whom the action is pending, by affidavit of either party, that such Justice is ay 1907 a material witness for either party. 2. When either party makes and files an affidavit that he believes that he cannot have a fair and impartial trial before such Justice, by reason of the interest, prejudice, or bias of the Justice. 3. When a jury is demanded and either party makes and files an affidavit that he cannot have a fair and impartial trial, on account of the bias or prejudice of the citizens of the precinct or city against him. 4. When from any cause the Justice is disqualified from acting. When the Justice is sick or unable to act. 5. 6. When none of the parties defendant resided in the precinct in which said action is brought at the time it was commenced, and when any party defendant makes and files an affidavit to the effect that at the time of the bringing of the action none of the parties defendant were residents in the precinct wherein said action is brought and that the party making the affidavit did not contract to perform the obligation in said precinct and setting forth the place of his residence at the time of the bringing of the action and the particular place, if any, where he contracted to perform the obligation. Said affidavit shall be conclusive upon the parties to the action and upon the Justice as to the particular place, if any, where the defendant contracted to perform the obligation, and also as to the residence of the defendants at the time of the bringing of the action, unless some other party defendant shall within two days thereafter file with said Justice his affidavit stating his place of residence at the time of the bringing of said action was within the precinct where said action was brought. Where the affidavits filed under this provision show that at the time of the bringing of said action all the defendants resided elsewhere than within the precinct wherein said action was brought, the court must change the place of trial without motion being made therefor, and his jurisdiction over said action shall cease, upon the filing of such affidavit, for all purposes, except that his jurisdiction shall continue for the sole purpose of transferring such case to the Justice of the Peace to whom such action is transferred. 3671. Id. To what court transferred. When the court orders the place of trial to be changed, upon any of the grounds specified in the first, second, third, fourth and fifth sub-division of section 3669, the action must be transferred for trial to a court the parties may agree upon, and if they do not agree, then to another Justice's court in the same county. That a new section to be known as 3671-A be added, to read as follows: 3671-A. Id. When the place of trial is changed upon the filing of an affidavit of any party defendant to an action as provided for in subdivision 6 of section 3669, the action must be transferred for trial as follows: 1. Where there is only one party defendant, to the Justice of the precinct wherein said defendant, as shown by his said affidavit, resided at the time of the bringing of the action. 2. When there are two or more parties defendant to the action who are jointly or jointly and severally bound in any debt or contract, or otherwise jointly liable in the same action, and, they resided at the time of the bringing of said action in different precincts of the same county, where such action was brought, but neither of whom resided in the precinct where said action is brought at the time of the bringing of the action, as shown by the affidavit provided for in sub-division 6 of section 3669, to the Justice of the precinct where either one of the defendants resided at the time of the bringing of the action. 3. When there are two or more parties defendant to the action who are jointly or jointly and severally bound in any debt or contract or are jointly liable in the same action and who resided in different counties and neither one of whom resided in the precinct where said action was brought at the time it was commenced, as shown by the affidavit provided for in sub-division 6 of section 3669, to a Justice of the precinct in the same county where said action was brought and within which one of the defendants may have resided at the bringing thereof. When there are two or more parties defendant to the action who are jointly or jointly and severally bound in any debt or contract or are jointly liable in the same action and who resided in different coun- hab 55 by jous 1907 CHAPTER 93. SERVICE OF SUMMONS FROM JUSTICE'S COURT. An Act amending section 3683 of the Revised Statutes of Utah, 1898, relating to the service of summons from Justice's courts, as amended by chapter 70 of the laws of Utah, 1899. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3683 of the Revised Statutes of the State of Utah, 1898, as amended by chapter 70 of the laws of Utah, 1899, be, and the same is, hereby amended to read as follows: 3683. Summons from Justice's court, by whom served. A summons issued out of any Justice's court may be served by the sheriff of the county, by any constable of the precinct in which it is issued or in which service is to be made, or by a city marshal of the city in which service is to be made; provided, that where there is no acting constable or city marshal in any precinct or city where the summons is to be served and the sheriff is absent from such precinct and such fact appears by the affidavit of the plaintiff or his attorney duly filed, the justice may in writing depute any citizen over the age of twenty-one years to serve such summons. The return of service made by a sheriff, constable or city marshal within the county in which the action is pending may be by certificate and need not be sworn to; in all other instances, the return of service must be by affidavit of the person making the service. It shall be unlawful for any person to make service of summons issued out of any Justice's court except as in this section provided, and, any person violating any of the provisions of this section, shall be deemed guilty of a misdemeanor. Approved this 9th day of March, 1905. CHAPTER 94. DISTANCE A SUBPOENA MAY RÚN. An Act amending section 3421, Revised Statutes of Utah, 1898, relating to distance which subpoena may run under Code of Civil Procedure. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3421, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 3421. Witness required to attend. Exception. A witness is obliged to attend as a witness before any district court, a judge thereof or referee or master appointed by such district court or a judge thereof at any place in this State. A witness is not obliged to attend as a witness before any judge of a city court, any judge of a municipal court, any Justice of the Peace or other officer out of the county in which he resides, unless the distance be less than thirty miles from his place of residence to the place of trial. Approved this 9th day of March, 1905. CHAPTER 95. CHILDREN REQUIRED TO ATTEND SCHOOL. An Act amending sections 1916 and 1962 and 1963 of the Revised Statutes of Utah, 1898, providing for the appointment of associate examiners in cities of the first and second class; and providing that parents, guardians or other persons, having control of children of certain ages, shall be required to send such children to school during certain periods, and providing punishment to parents, guardians, or other persons having control of children for failure to do so. Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 1916 and 1962 and 1963 of the Revised Statutes of Utah, 1898, be and the same are hereby amended to read as follows: 1915. Board of Examiners, how constituted. In each city of the first and of the second class there shall be a Board of Examiners, consisting of City Superintendent of Public Schools or the superintendent-elect, and two or more other members having practical experience as teachers, residents of said city to be designated associate examiners. The associate examiners shall be elected by the Board of Education at their first meeting in April annually, and shall hold office |