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CHAPTER 36.

STATE BOARD OF LAND COMMISSIONERS.

An Act to amend sections 4, 9, and 32 of chapter 64, of the laws of Utah, 1899, and section 1 of said chapter 64, as the same is amended by chapter 35 of the laws of Utah, 1901, also section 34 of said chapter 64, as amended by chapter 62, laws of Utah, 1903, relating to the State Board of Land Commissioners.

Be it enacted by the Legislature of the State of Utah:

SECTION 1.

That sections 4, 9 and 32 of chapter 64, of the laws of Utah, 1899, be and the same are hereby amended to read as follows:

4. Board to elect president and secretary. The board shall elect one of its members president and another of its members as secretary thereof. The secretary shall take the constitutional oath, and give a bond to the State in the sum of $500,000, same to be approved by the State Board of Examiners and filed with the Secretary of State.

The bond of the secretary shall be conditional for the faithful performance of his duties, and the safe-keeping of all funds and securities entrusted to his care. He shall be the custodian of all notes, mortgages, and other evidences of indebtedness arising from investment of State funds made by the Board, and shall collect all interest due the State, on all such; interest so collected shall be paid into the State treasury to the credit of the fund to which it belongs, on the last business day of each month.

9. Board to cause lands to be appraised. The Board shall cause the State lands and the improvements thereon to be appraised or re-appraised at such times as it may deem for the best interest of the State. The Board may appoint one or more suitable persons to select, locate, and appraise all lands granted to the State.

32. Secretary's fees. For making certified copies of papers, or records, by the secretary, the same fees as are charged by the Secretary of State for like services shall be collected.

Sec. 2 Also that section 1 of said chapter 64, as the same is amended by chapter 35 of the laws of Utah, 1901, be, and the same is hereby amended to read as follows:

1. Board of Land Commissioners created. A State Board of Land Commissioners is hereby created, which shall consist of five resident citizens of the State, who shall be appointed by the Governor, by and with the consent of the Senate. Each commissioner shall hold his office for two years and until his successor is appointed and qualified.

Sec. 3. Also that section 34 of said chapter 64 as the same is amended by chapter 62 of the laws of Utah, 1903, be and the same is hereby amended to read as follows:

5 Amended

34. Investment of funds. The Board shall make the necessary orders for the investment or disposal of the funds derived from the sale and rental of public lands of the State, in the State treasury. Such ch 1150. funds shall be invested for and on account of the specific purpose for which the lands were granted, in government, state, county, city, or school district bonds or notes of the State made under the provisions of chapter 8 of the laws of Utah, 1899, or in first mortgages on improved farms, within the State, or otherwise as provided by law; but no loan, secured by mortgage on such improved farms shall exceed two-thirds of the assessed value of the same, exclusive of the improvements, and said farm loan shall be preferred.

Whenever the Board shall order the investment of any part of the State school fund, or any permanent fund held for investment, said Board shall notify the State Auditor of such order, and the State Auditor shall draw a warrant for the amount stated in the notice, in favor of the president and secretary of the Board, and the State Treasurer shall pay such warrant out of the funds designated.

The annual interest on all loans herein provided for, shall be six per cent; provided, that the expense of investigation of titles and values shall be paid by the intending borrower.

Sec. 2. This act shall take effect upon approval.
Approved this 7th day of March, 1905.

CHAPTER 37.

GARNISHMENTS.

An Act to amend sections 3095 and 3098, of the Revised Statutes of Utah, 1898, concerning garnishment, and to provide for the payment of fees to the garnishee before answer can be required in garnishment proceedings. Provided that the payment of costs by the defendant shall not apply in cases provided for in subdivision seven of section 3245 as amended by chapter 31 of the laws of Utah, 1901.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That sections 3095 and 3098 of the Revised Statutes of Utah, 1898, be, and the same are hereby amended to read as follows:

3095. Garnishee to answer under oath. Fee. Substance of interrogations. The garnishee shall answer the interrogatories in writing upon oath or affirmation; but in no case shall the garnishee be required

to answer any interrogatories unless and until he is paid or tendered by the plaintiff in the action or the officer serving the writ, a fee of two dollars, and unless such sum is paid or tendered to him or to the person making the answer in his behalf, no answer can be required of such garnishee or any person acting for him. In case such fee is paid or tendered, it is hereby made the duty of the officer serving the writ of garnishment to administer such oath or affirmation and to take and return such answer with the writ, or the garnishee after receiving the fees aforesaid may answer in like manner before anyone authorized to administer oaths and affirmations, and in the latter case it shall be the duty of the garnishee to file his answer, or to cause the same to be filed, in the proper court within the proper time required by the writ, or he shall be deemed in default.

The interrogatories may be in substance as follows:.

First.-Are you in any manner indebted to the defendants, or either of them, either in property or money, and is the same now due? If not due, when is the same to become due? State full particulars.

Answer.

Second. Have you in your possession, in your charge, or under your control, any property, effects, goods, chattels, rights, credits, or choses in action of said defendants, or either of them, or in which he is interested? If so, state what is the value of the same, and state fully all particulars.

Answer.

Third. Do you know of any debts owing to the said defendant, whether due or not due, or any property, effects, goods, chattels, rights, credits, or choses in action belonging to him, or in which he is interested, and now in the possession or under the control of others? If so, state the particulars.

Answer.

Signature of garnishee.

I, (insert the name of the garnishee), do solemnly swear or (affirm) that the answers to the foregoing interrogatories by me subscribed are true, so help me God.

Signature of garnishee.

Subscribed and sworn to before me, this......day of.... ..19...
The plaintiff may, in his discretion, add other pertinent interroga-

tories.

Sec 2. That section 3098 of the Revised Statutes of Utah, of 1898, be, and the same hereby is amended to read as follows:

3098. Judgment against garnishee on failure to answer. If the garnishee, having been duly served with the writ of garnishment and interrogatories, and has been paid or tendered the fee of two dollars and the fact of such payment or tender is duly certified by the officer who served the writ over his official signature, or such fact is made to appear by the person serving the writ under oath, by affidavit, and after such payment or tender, when duly certified or proved as above provided, the garnishee fails or refuses to answer the interrogatories within the time required, the plaintiff may enter a default against him and proceed before the court to prove the liability of the garnishee according to the provisions of this chapter, (and in such case the garnishee, after the payment of the fee of two dollars to him and not before, may be compelled to give testimony orally as a witness as in other cases), and upon a verdict or finding in that behalf the plaintiff may have judgment entered the same as if the garnishee had answered according to such verdict or finding; and if the verdict or finding charge the garnishee with any liability, the plaintiff may recover costs of the proceedings against the garnishee, but if the garnishee answers he shall be discharged without cost: Provided, that the two dollars herein required to be paid to the garnishee shall be paid by the plaintiff in the action and shall be taxed against the defendant in the original action, in cases where the garnishee is found to have credits due the defendant in excess of legal exemptions; and provided that in cases where the garnishee is found to have no credits due the defendant, the said two dollars shall not be taxed against the defendant. Provided that the payment of costs by the defendant shall not apply in cases provided for in subdivision seven of section 3245 as amended by chapter 31 of the laws of Utah, 1901, and provided further, that in the event the garnishee shall be required to appear personally in court to testify he shall in addition to the fee of two dollars receive the usual witness fee and mileage which shall be paid to him in advance if so demanded, otherwise shall be taxed as costs in the action.

Approved this 7th day of March, 1905.

CHAPTER 38.

PUNISHMENT FOR ALTERING MARKS OR BRANDS.

An Act amending section 4474, Revised Statutes of Utah, 1898, providing for the punishment of persons guilty of altering marks or brands on animals.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That section 4474, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

4474 Branding or altering mark or brand on animal. Every person who marks or brands, or who alters or defaces the mark or brand on any horse, mare, gelding, colt, jack, jennett, mule, bull, ox, steer, cow, calf, sheep, goat, hog, shoat, or pig belonging to another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, shall be punished as in cases of grand larceny.

Approved this 7th day of March, 1905.

CHAPTER 39.

SALTING CATTLE ON RANGES.

An Act providing for salting cattle, horses and sheep on the public ranges of this State. Be it enacted by the Legislature of the State of Utah:

SECTION. 1. Animals on range to be salted. Any person, company or corporation who shall turn loose or graze upon any public range of this State, any cattle, horses or sheep shall at that time or within thirty days thereafter, provide or place at or near one or more watering places on said range, and where the cattle, horses or sheep can have easy access thereto, at least five pounds of salt for each animal they turn upon the range, except sheep, which shall be one pound per head per annum, not counting calves, colts and lambs under six months old; provided, when said stock remain on any range continuously, the owner or owners shall be required to renew the said amount of salt once in six months; provided, that this shall not apply to anyone turning cattle, horses or sheep upon any range where salt naturally exists in sufficient quantities for the use of said stock.

Sec. 2. Penalty. Any person, company or corporation who refuses or neglects to comply with the requirements of this act shall be deemed guilty of a misdemeanor.

Approved this 7th day of March, 1905.

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