Sec. 2. Powers of. The Armory Board shall have the power to lease suitable buildings for armory and arsenal purposes in various places throughout the State wherever necessary for the use of organizations of the National Guard of Utah, and for the storage of State and Government property, for a term of years not exceeding twenty, at such rental as the Board shall deem reasonable. The Armory Board shall have the further power to take options for the purchase of any premises under lease to the State for armory and arsenal purposes, at any time within the life of such lease, when it shall appear to be to the interest of the State to purchase, at such prices as the Board and owner of said buildings may agree upon. Provided that no option shall be binding upon the State until ratified by an act of the Legislature. Sec. 3. Appropriation. For the use of this Board and for the purposes mentioned, the sum of ten thousand dollars per annum is appropriated out of any moneys in the State Treasury not otherwise appropriated to be held by the Treasurer of the State as a military fund and to be by him disbursed upon the order of the Board. Sec. 4. Unexpected balances. All unexpected balances of any moneys appropriated by the State for military purpose for a stated period shall be turned over to the treasurer of the State for the credit of the military fund. Section 5. This act shall take effect upon approval. CHAPTER 44. TRESPASS. An Act to amend section 4430, Revised Statutes of Utah, 1898, as amended by chapter 101, laws of Utah, 1903, relating to trespass and injuries to property. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4430, Revised Statutes of Utah, 1898, as amended by chapter 101, laws of Utah, 1903, be, and the same is hereby amended to read as follows: 4430. Trespass and injury to property. Every person who wilfully and maliciously commits any trespass, by either: 1. Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon land of another; or, 2. Carrying away any kind of wood or timber, that has been cut down and lying on such lands; or, 3. Maliciously injuring or severing from the freehold of an other, anything attached thereto, or the product thereof; or, 4. Digging, taking, or carrying away from any lot situated within the limits of any incorporated city, without the license of the owner or legal occupant thereof, any earth, soil, or stone; or, 5. Digging, taking, or carrying away from any land in any of the cities of the State, laid down on the map, or plan of such city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone; or, 6. Putting up, affixing, fastening, printing, or painting upon any property belonging to the State, or to any city, county, or village, or dedicated to the public, or upon any property of any person, without license from the owner, any notice, advertisement, or designation of, or any name for, any commodity, whether for sale or otherwise, or any picture, sign, or device, intended to call attention thereto; or, 7. Using any animal, vehicle, machine, or other personal property of the owner or person having charge of such property, without the consent of the owner or owners thereof, or any person or persons havin charge of such property, is guilty of a misdemeanor. Approved this 8th day of March, 1905. CHAPTER 45. MANNER OF COMMENCING ACTIONS AND ISSUING SUMMONS. An Act to amend section 15, chapter 109, laws of Utah, 1901, as amended by section 1, chapter 39, laws of Utah, 1903, relating to the manner of commencing actions and issuing summons and the form thereof in city courts in cities of the first class. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 15, chapter 109, laws of Utah, 1901, as amended by section 1, chapter 39, laws of Utah, 1903, be, and the same is hereby amended to read as follows: 15. Commencing action in city court. The manner of commencing an action in a city court, the requisites of a summons, and the man ner of service and return of summons, shall conform as nearly as may be, to the practice prescribed for District Courts; provided, that the summons must contain a direction that the defendant must appear within ten days after the service of summons if served in the county in which the action is brought, otherwise within twenty days after its service. If a copy of the complaint is not served with the summons, the words "of which a copy is herewith served upon you," may be omitted or erased, and in place thereof may be inserted the words "which within five days after service of this summons upon you, will be filed in said court." If a copy of the complaint be not served with the summons, and a copy thereof be not deposited with the clerk of said court within five days after service of the summons, the copy of the summons served on the defendant may be filed with the clerk of the court by the defendant and thereupon the clerk shall docket said action and the same shall be dismissed by the Court on motion of the defendant at the cost of plaintiff. Approved this 8th day of March, 1905. CHAPTER 46. PENALTY FOR BRIBING WITNESS. An Act amending section 4136, Revised Statutes of Utah, 1898, providing a penalty for bribing or attempting to bribe a witness or person about to be called as a witness. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4136, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 4136. Bribing witness. Every person who gives or offers, or promises to give, to any witness or person about to be called as a witness, any bribe, upon any understanding or agreement that the testimony of such witness or person about to be called as a witness shall be thereby influenced, or who attempts by any other means fraudulently to induce any witness or person about to be called as a witness to give false or to withhold true testimony, is guilty of a felony. Approved this 8th day of March, 1905. CHAPTER 47. FEES OF COUNTY RECORDERS. An Aet to amend section 973, Revised Statutes of Utah, 1898, providing for the collection of fees of county recorders. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 973, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: Chap 61 973. County recorder's fees. For recording any instrument, paper, or notice, other than bonds of public officers, not otherwise pro- Auded vided for, for the first folio, fifty cents, to include necessary filing, indexing, and abstracting, and for each additional folio, twenty cents; provided, however, that where any instrument, paper or notice contains more than one description, an additional fee of ten cents for each of Laws 190 such additional description shall be collected. In any instrument in which a right of way is described, which is connected with or is appurtenant to any tract of land described in such instrument, the description of such right of way shall not constitute a separate description; provided, that where such instrument contains a description of more than one such right of way, an additional fee of ten cents for each such right of way shall be collected; provided further, that where any instrument contains more than two names each for either first or second party, or plaintiffs, or defendants, or locators of a mining claim, for each additional name, ten cents; and provided further, that where any affidavit or proof of labor contains the name of more than one mining claim, an additionl fee of ten cents for each additional mining claim mentioned therein shall be collected. For copies of any record or paper, ten cents per folio. For each certificate under seal, fifty cents. For each entry of certificate of discharge of mortgage,deed of trust, or other instrument in the book kept for that purpose, and making the necessary reference on the record of the original instrument, fifty cents. For releasing any instrument on the margin of the record, twentyfive cents. For searching files or records in his office, one dollar per hour. For recording any plat or map of a subdivision into lots and block, fifteen cents for each lot, and twenty-five cents for each folio of figures, letters and characters. For recording any other plat or map, ten cents for each course or line, and twenty-five cents for each folio of figures, letters and characters. For taking and certifying acknowledgments, including seal. fifty cents for one name; each additional name twenty-five cents. For certificate attached to abstract of title, seventy-five cents. For each entry in an abstract of title, not including entries on margin of record, fifty cents. For entry on abstract of title satisfaction or release of mortgage, trust deed, or other lien, having been made on margin of record, ten cents. For recording medical certificates, one dollar. For all other services not herein enumerated, a reasonable compensation. Approved this 8th day of March, 1905. CHAPTER 48. DEFINING THE WORD "FOLIO." An Act to amend section 1022, Revised Statutes of Utah, 1898, defining the word "folio," Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1022, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 1032. Folio defined. The term "folio," when used as a measure for computing fees, shall be construed to mean one hundred words, counting every number expressed in numerals as a word; provided, that in computing the fees to be charged by the County Recorder for recording any plat or map the word "folio" shall be construed to mean one hundred numbers, letters or characters. Any portion of a folio, when in the whole draft or paper there shall not be a complete folio, or when there shall be an excess over the last folio exceeding one-half, shall be computed as a folio. Approved this 8th day of March, 1905. |