CHAPTER 15. VACANCIES AND PAY OF JURY COMMISSIONERS. An Act amending section 1305, Revised Statutes of Utah, 1898, relating to vacancies and pay of jury commissioners. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1305, Revised Statutes of Utah, 1898. be and the same is hereby amended to read as follows: 1305. Filling vacancy in office of Jury Commissioner. Compensation. Should a vacancy occur in the office of jury commissioner at any time, or should any such commissioner fail to act when required, the district judge shall appoint a person, either in open court or by letter or telegram, to fill such vacancy or to act for the time being, as the case may require, who shall take the oath required by this chapter. For the time actually and necessarily employed in the performance of his duties, each jury commissioner shall be allowed by the Board of County Commissioners of the county in which such service is rendered three dollars per day, and upon such allowance the County Auditor shall draw his warrant therefor and the same shall be paid out of the county treasury. Sec. 2. This act shall take effect upon approval. CHAPTER 16. UNLAWFUL TO THREATEN VIOLENCE TO EMPLOYEES OR TO DESTROY PROPERTY. An Act making it unlawful to threaten violence to employees or to destroy property and providing punishment therefor. Be it enacted by the Legislature of the State of Utah: SECTION 1. Intimidating employee a misdemeanor. Any person or persons in this State who shall threaten to destroy property or to do bodily harm, for the purpose of preventing any person or persons from entering or remaining in the employ of any company, corporation or individual, shall be guilty of a misdemeanor. 2 Approved this 24th day of February, 1905. CHAPTER 17. REVOCATION OF WILLS. An Act to amend section 2754, Revised Statutes of Utah, 1898, relating to revocation of wills by the subsequent marriage of the testator; by subsequent marriage and birth of issue-Evidence of revocation-Presumption. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2754, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 2754. Sub-division 1. Effect of after marriage with issue. I after having made a will, the testator marries, and has issue of such marriage, born either in his life time or after his death, and the wife or issue survive him, the will is revoked, unless provision is made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation can be received. Sub-division 2. Effect of aftermarriage. If, after making a will, the testator marries, and the wife survives the testator, the will is revoked, unless provision has been made for her either by marriage contract, or by some written settlement showing on its face the testator's intention to substitute such contract or settlement for a provision in her favor in his will, or unless she is provided for in the will, or in any such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation must be received. Approved this 24th day of February, 1905. CHAPTER 18. PROCEEDINGS SUPPLEMENTAL TO EXECUTION. An Act to amend section 3272, Revised Statutes of Utah, 1898, relating to proceedings supplemental to execution. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3272, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 3272. Execution unsatisfied debtor cited to answer. When an execution against property of the ju lgment debtor or of any one of sev eral debtors in the same judgment issued to a proper officer is returned unsatisfied in whole or in part, the judgment creditor at any time after such return is made, is entitled to an order from the judge of the court in which such judgment was given, or from the judge of the district court of any county in which a transcript of said judgment has been filed and docketed in the office of the clerk of the district court of said county, requiring such judgment debtor, or if a corporation, any officer thereof, to appear and answer upon oath concerning his or its property before such judge, or a referee appointed by him, at a time and place specified in the order; but no judgment debtor must be required to attend before a judge or referee out of the county in which he resides. Approved this 24th day of February, 1905. CHAPTER 19. BURGLARY-DEFINITION-PENALTIES. An Act to amend sections 4334, 4335, 4336, 4337, and 4338, Revised Statutes of Utah, 1898, relating to burglary in the first and second degrees, defining the same, and the penalties therefor. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4334, 4335, 4336, 4337, and 4338, Revised Statutes of Utah, 1898, be and the same are hereby amended to read as follows: 4334. Burglary in first degree. Every person who, in the nightAmended time, forcibly breaks and enters, or without force enters an open door, window or other aperture, of any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, or any tent, vessel, water craft or railroad car, with intent to commit larceny or any other felony is guilty of burglary in the first de Faus 1907 Chap 5 5N do de gree. 4335. Penalty. Burglary in the first degree is punishable by imprisonment in the state prison for a term not less than one nor more than twenty years 4336. Burglary in second degree. Every person who, in the daytime, enters any dwelling house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, or any tent, vessel, water craft or railroad car, with intent to steal or to commit any felony whatever therein, is guilty of burglary in the second degree. Where in a prosecution for burglary in the first degree, the question as to whether the crime has been committed in the night time or in the day time cannot be definitely arrived at by the jury, a verdict of guilty of burglary in the second degree may be found; provided, the other elements of the crime of burglary in the second degree have been proved. 4337. Penalty. Burglary in the second degree is punishable by imprisonment in the state prison for a term not less than six months nor more than three years. 4338. "Night time" defined The phrase "night-time" as used in this chapter, means the period of time between sun-set and sun rise. da свои Approved this 24th day of February, 1905. CHAPTER 20. DOCKETING OF JUDGMENTS. An Act to amend section 3199, Revised Statutes of Utah, 1898, relating to the docketing of judgments. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3199, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 3199. Docket defined. The docket mentioned in the last section is a book which the clerk keeps in his office with each page divided into columns and heads as follows: judgment debtors; judgment creditors; judgment; time of entry; where entered in judgment book; appeals when taken; judgment of appellate court; satisfaction of judgment; when entered. If judgment be for the recovery of money or damages, the amount must be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted must be stated. The names of the judgment debtors must be entered in the docket, or in an index kept in connection there with, in alphabetical order. Approved this 24th day of February, 1905. CHAPTER 21. CEDING TO THE UNITED STATES JURISDICTION OVER MILITARY RESERVATIONS. An Act ceding to the United States jurisdiction over the military reservations of Fort Douglas and Fort Duchesne within this State. Be it enacted by the Legislature of the State of Utah: SECTION 1. Jurisdiction ceded over Fort Douglas and Fort Duchesne. That jurisdiction be, and the same is hereby, ceded to the United States in and over all lands comprised within the limits of the military reservations of Fort Douglas and Fort Duchesne, in the State of Utah, to continue so long as the United States shall hold and own the same for military purposes and no longer, saving, however, to the said State the right to serve all civil processes and such criminal processes as may lawfully issue under the authority of this State against persons charged with crimes against the laws of the State committed without or within said reservations. Sec. 2. This act shall take effect upon approval. CHAPTER 22. CONTENTS OF ARTICLES OF INCORPORATION. An Act to amend section 315, Revised Statutes of Utah, 1898, as amended by chapter 81, laws of Utah, 1901, relative to the contents of the articles of agreement of incorporations. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 315, Revised Statutes of Utah, 1898, as amended by chapter 81, laws of Ut th, 1901, be, and the same is hereby amended to read as follows: 315. Articles of agreement. Contents. The incorporators shall enter into an agreement in writing, signed by each of them and sworn to by at least three of their number, as hereinafter provided before the county clerk or any notary pub'ie of the county in which they have established, or intend to establish, their principal place of business, stating: 1. The name of the corporation. 2. The precinct or city wher it is organized. 3. The names of the incoporators and their places of residence. |