CHAPTER 61. APPROPRIATING $2500 TO DAVID WILCKEN. An Act appropriating the sum of $2500.00 to David Wilcken, for meritorious services rendered the State and for permanent bodily injury sustained. Be it enacted by the Legislature of the State of Utah: SECTION 1. Appropriation to David Wilcken. That the sum of $2500.00 is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to David Wilcken, of Salt Lake County, Utah, for services rendered to the State and for permanent bodily injury sustained in the break made by prisoners at the Utah State Prison on the 9th day of October, 1903, and the State Auditor is hereby authorized and directed, upon the application in writing of the said David Wilcken, together with a written release of all claims and demands in full against the State of Utah for said injuries, to draw his warrant upon the State Treasurer, in favor of the said David Wilcken, for the amount herein specified. Sec. 2. This act shall take effect upon approval. CHAPTER 62. APPROPRIATING $2500 TO ZEBULON JACOBS. An Act appropriating the sum of $2500.00 to Zebulon Jacobs, for services rendered to the State and for permanent bodily injury. Be it enacted by the Legislature of the State of Utah: SECTION 1. Appropriation to Zebulon Jacobs. That the sum of $2500.00 is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to Zebulon Jacobs, of Salt Lake County, Utah, for services rendered to the State and for permanent bodily injury sustained in the break made by prisoners at the Utah State Prison on the 9th day of October, 1903, and the State Auditor is hereby authorized and directed, upon the application in writing of the said Zebulon Jacobs, together with a written release of all claims and demands in full against the State of Utah for said injuries, to draw his warrant upon the State Treasurer, in favor of the said Zebulon Jacobs, for the amount herein specified. Sec. 2. This act shall take effect upon approval. Approved this 9th day of March, 1905. CHAPTER 63. LARCENY. An Act to amend section 4355, Revised Statutes of Utah, 1898, denfiing larceny. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4355, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 4355. Larceny defined. La.ceny is the felonious stealing, taking carrying, leading, or driving away the personal property of another. Possession of property recently stolen, when the party in possession fails to make a satisfactory explanation, shall be deemed prima facie evidence of guilt. Approved this 9th day of March, 1905. CHAPTER 64. DUTIES OF COUNTY SUPERINTENDENT. An Act to amend section 1785, Revised Statutes of Utah, 1898, relating to the duties of Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1785, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 1785. County Superintendent to visit schools. He shall visit every district school under his supervision within the county at least twice in each school year, and oftener if necessary to increase its usefulness. He shall at such visits carefully observe the condition of the school, the mental and moral instruction given, the methods employed by the teacher, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, government, and discipline of the school and prescribe the course of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teacher's ability to teach and govern, and the conditions and progress of the school, which information shall be filed with the State Board of Education and shall be used for or against teachers at the time of their examination for certificates. Approved this 9th day of March, 1905. CHAPTER 65. FEES OF SHERIFFS. An Act to amend section 974, Revised Statutes of Utah, 1898, as amended by chapter 18, laws of Utah, 1899, relating to fees of sheriffs. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 974, Revised Statutes of Utah, 1898, as amended by chapter 18, laws of Utah, 1899, be and the same is hereby amended to read as follows: 974. Sheriff's fees. For serving a summons, or summons and complaint, or writ of garnishment, or any other process by which action or proceeding of garnishment, or any other process by which action or proceeding is commenced, on each defendant, including copies when furnished by plaintiff, one dollar. For taking bond or undertaking in any case in which he is authorized to take the same, including justification, seventy-five cents. For copy of any writ, process, or other paper, when demanded or required by law, for each folio, twenty cents. For each service of any notice, rule, or order, fifty cents. For serving a subpoena, for each witness summoned, fifty cents. For serving an attachment on property, or levying an execution, or executing an order of arrest, or an order for the delivery of personal property, including copies when furnished by plaintiff, two dollars; but no traveling fees shall be allowed on such attachment, order of arrest, or order for the delivery of personal property, when the same accompanies the summons in the suit, and may be executed at the time of the service of the summons, except for the distance actually traveled beyond that required to serve the summons. He shall collect such further amount for his trouble and expense, in taking and keeping possession of and preserving property under attachment or execution or other process, as the Court shall order; Provided, that no more than four dollars per diem shall be allowed to a keeper. For advertising property for sale on execution, or any judgment, or order of sale, exclusive of the cost of publication, one dollar. The fees herein allowed for the levy of an execution and for advertising shall be collected from the judgment debtor by virtue of such execution, in the same manner as the sum therein directed to be made. For drawing and executing a sheriff's deed, inclusive of acknowledgment, two dollars, to be paid by the grantee. For serving a writ of possession or restitution, or putting any per son entitled in possession of premises, and removing occupant, five dollars. For holding each trial of right of property, to include all services in the matter, except mileage, ten dollars. For traveling, to be computed from the courthouse, provided that when transmitted by mail, from the post office where received to serve any summons, or summons and complaint, or writ of garnishment, or any other process by which action or proceeding is commenced, or to serve any notice, rule, order, subpoena, venire, or attachment on property, or to levy an execution, or execute an order of sale or of arrest, or order for the delivery of personal property, or writ of possession or restitution, or to hold trial of rights of property for each mile necessarily traveled, in going only, twenty cents. For taking a prisoner in civil cases from prison before a court or magistrate, for each mile necessarily traveled, in going only, twenty cents. For taking a prisoner from the place of arrest to prison, in civil cases, or before a court or magistrate, for each mile necessarily traveled, in going only, twenty cents; for each additional prisoner taken at the same time, five cents per mile; Provided, that if any two or more papers be required to be served in the same suit or proceeding, at the same time and in the same direction, one mileage only shall be charged; and provided also, that in serving a subpoena, when two or more witnesses live in the same direction, traveling fees shall be charged only for the most distant; and provided further, that only one mileage per day shall be charged for taking a prisoner from prison before a court or magistrate. For delivering an insane person at the State Mental Hospital, when payable by private individuals, twenty cents per mile, one way, for the distance from the County Seat of his county to the State Mental Hospital; and for every additional insane person taken at the same time, five cents per mile. If the sheriff shall require assistance, the actual and necessary cost thereof shall be added. For receiving and paying over money on execution, or other process as follows: If the amount collected does not exceed $100.00, 3 per cent thereon; if the amount exceeds $100.00, and is less than $200.00, 3 per cent on the first $100.00 and 2 per cent on the balance; if the amount exceeds $300.00 and is less than $1000.00, 3 per cent on the first $100.00, 2 per cent on the second $100.00, and 11⁄2 per cent on the balance; if the amount collected exceeds $1000.00, 3 per cent on the first $100.00, 2 per rent on the second $100.00, 11⁄2 per cent on the next $700.00 and 4 of one per cent on the balance. For executing in duplicate a certificate of sale, exclusive of filing the same, one dollar. Approved this 9th day of March, 1905. CHAPTER 66. OUTHOUSES ON SCHOOL GROUNDS. An Act requiring out-houses on school grounds to be maintained in a sanitary condition. Be it enacted by the Legislature of the State of Utah: SECTION 1. Outhouses on school grounds to be kept in sanitary condition. It shall be the duty of the Board of Trustees of each school district in the State to provide all out-houses upon the school grounds, and which are not connected with a sewer system, or cess pool, with the dry earth system of privy vaults and to provide at all times a supply of dry earth in such out-houses sufficient to comply with the requirements of such system and must cause such vaults to be emptied at least once every month and oftener during the school year if in the opinion of the district health officer it is necessary and shall maintain all such outhouses in a sanitary condition. Approved this 9th day of March, 1905. CHAPTER 67. STATE MILITIA. An Act relating to certain Staff Organizations of the State Militia; the appointment of officers; their qualifications; the composition of the organization and the appointment of company armorers. Be it enacted by the Legislature of the State of Utah: SECTION 1. Medical department, National Guard. The medical department of the National Guard of Utah shall be under the control |