LAWS OF THE STATE OF UTAH. PASSED AT THE SIXTH REGULAR SESSION OF CHAPTER I. CONTINGENT EXPENSES OF LEGISLATURE. An Act to provide for the regular and contingent expenses of the sixth session of the Legislature of the State of Utah. Be it enacted by the Legislature of the State of Utah: SECTION 1. Legislative Contingent Expenses. That the sum of twenty-five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated out of the funds of the state treasury for the purpose of defraying the regular and contingent expenses of the sixth session of the Legislature; and the State Auditor shall draw his warrant on the State Treasurer for such money, or any portion thereof, upon the request, in writing, of the president and secretary of the Senate and speaker and chief clerk of the House of Representatives. Sec. 2. This act shall take effect upon approval. Approved this 12th day of January, 1905. CHAPTER 2. PAYMENT EXPENSE NATIONAL GUARD ON DUTY IN CARBON COUNTY. An Act to provide for the payment of the expenses of the National Guard of Utah while on duty in Carbon County in 1903 and 1904. Be it enacted by the Legislature of the State of Utah: SECTION 1. Appropriation for National Guard while in Carbon County. That the sum of twenty-five thousand six hundred and twentyfive dollars is hereby appropriated out of the funds of the state treasury for the purpose of defraying the expenses of the National Guard of Utah while on duty in the protection of life and property and the maintenance of law and order in Carbon County of this State, in the months of November and December, 1903 and January, 1904, in accordance with vouchers heretofore audited by the State Board of Examiners and now on file in the office of the State Auditor; and the said Auditor shall draw his warrant on the State Treasurer for said amount upon the requisition of the State Board of Examiners. Sec 2. This act shall take effect upon approval. CHAPTER 3: FORGING AND COUNTERFEITING. An Act to amend section 4343 of the Revised Statutes of Utah, 1898, relating to forging and counterfeiting. Be it enacted by the Legislature of the State of Utah: SECTION 1. Forging and Counterfeiting. That Section 4343, of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: Section 4343. Every person who, with intent to defraud another, falsely makes, alters, forges, or counterfeits any charter, letters patent, deed, lease, indenture, writing obligatory, will. testament, codicil, annuity, bond, covenant, bank bill or note, money order, check, draft, bill of exchange, contract, promissory note, due bill for the payment of n cay or pronerty, receipt for money or property, passage ticket, Lewer of attorney, or any certificate of any share, right, or interest in the stock of any corporation or association, or any auditor's warrant for the payment of money at the treasury, or any state. county, city, or town order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing or acquittance, release or receipt for money or goods, or any acquittance, release or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, certificates of shares of stock, goods, chattels, or other property whatever, or any letter of attorney or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or any letter of service, clearance card or union labor card, or time checks, or other evidence of indebtedness, or any card of any lodge of any benevolent, charitable or fraternal order, or any post of the Grand Army of the Republic or commandery of the Royal Legion or counterfeits or forges the seal or handwriting of another, or any official certificate; or utters, publishes, passes, or attempts to pass as true or genuine, any of the above-named false, altered, forged, or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person; or who, with intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery. Sec. 2. This act shall take effect upon approval. CHAPTER 4. AUTHORIZING CONTRACTS. FOR CONDITIONAL SALE OF RAILROAD EQUIPMENT AND ROLLING STOCK, AND RECORDING. An Act "authorizing certain contracts for the conditional sale, lease or hire of railroad and street railway equipment and rolling stock, and providing for the recording thereof." Be it enacted by the Legislature of the State of Utah: SECTION 1. Conditional sale railroad equipment. Recording Contract. In any contract for the sale of railroad or street railway eqipment or rolling stock it shall be lawful to agree that title to the property sold or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. And in any contract for the leas ing or hiring of such property it shall be lawful to stipulate for a conditional sale thereof at the termination of such contract, and that the rentals or amounts to be received under such contract, may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full, and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by such lessee or bailee; Provided, that no such contract shall be valid as against any subsequent judgment creditor or any subsequent bona fide purchaser for value and without notice, unless (1) the same shall be evidenced by an instrument executed by the parties and duly acknowledged by the vendee, lessee or bailee, as the case may be, or duly proved before some person authorized by law to take acknowledgments of deeds, and in the same manner as deeds are acknowledged or proved; (2) such instrument shall be filed for record in the office of the Secretary of State of this state; (3) each locomotive engine or car so sold, leased or hired, or contracted to be sold, leased, or hired as aforesaid, shall have the name of the vendor, lessor, or bailor plainly marked in letters not less than one inch in size on each side thereof, followed by the word "owner," or "lessor," or "bailor," as the case may be. Sec. 2. Recorded by Secretary of State. Release. Fee. The contracts herein authorized shall be recorded by the Secretary of State in a book of records to be kept for that purpose. And on payment in full of the purchase money, and the performance of the terms and conditions stipulated in any such contract, a declaration in writing to that effect shall be made by the vendor, lessor or bailor, or his or its assignee, which declaration may be made on the margin of the record of the contract, duly attested, or it may be made by a separate instrument, to be acknowledged by the vendor, lessor or bailor, or his or its assignee and recorded as aforesaid. And for such services the Secretary of State shall be entitled to a fee such as is allowed by law for recording like instruments. Sec. 3. Not retroactive. This act shall not be held to invalidate or affect in any way any contract heretofore made of the kind referred to in the first section hereof, and any such contract heretofore made may, upon compliance with the provisions of this act, be recorded as herein provided. Approved this 11th day of February, 1905. CHAPTER 5. TIME FOR FILING CLAIMS AGAINST INCORPORATED CITIES AND TOWNS. An Act amending Sections 312 and 313 of the Revised Statutes of Utah, 1898, as amended by chapter 19 of the laws of Utah, 1903, defining the time within which claims against incorporated cities and towns must be filed. Be it enacted by the Legislature of the State of Utah: SECTION. 1. That sections 312 and 313 of the Revised Statutes of Utah, 1898, as amended by chapter 19 of the laws of Utah of 1903, be, and the same hereby are amended to read as follows: 312. Claim, time for presenting. Action on. Every claim against an incorporated city or town for damages or injury alleged to have been caused by the defective, unsafe, dangerous or obstructed condition of any street, alley, crosswalk, sidewalk, culvert or bridge of such city or town, or from the negligence of the city or town authorities in respect to any such street, alley, crosswalk, sidewalk, culvert, or bridge shall within thirty days after the happening of such injury or damage, be presented to the City Council of such city, or Board of Trustees of such town, in writing signed by the claimant or by some person by claimant authorized to sign the same, and properly verified, stating the particular time at which the injury happened, and designating and describing the particular place in which it occurred, and also particularly describing the cause and circumstances of the said injury or damages, and stating, if known to claimart, the name of the person, firm or corporation, who created, brought about or maintained the defect, obstruction or condition causing such accident or injury, and also stating the nature and probable extent of such injury and the amount of damages claimed on account of the same; such notice shall be sufficient in the particulars above specified to enable the officers of such city or town to find the place and cause of such injury from the description thereof given in the notice itself without extraneous inquiry, and no action shall be maintained against any city or town for damages or injury to person or property, unless it appears that the claim for which the action was brought was presented as aforesaid to the City Council or the Board of Trustees of the town, and that such Council or Board did not within ninety days thereafter audit and allow the same. Every claim, other than claims above mentioned against any city or town must be presented properly itemized or described and verified as to correctness by claimant or his agent, to the City Council or Board of Trustees within one year after the last item of such account or claim accrued, and if such account or claim is not properly or sufficiently itemized, or described or verified, the City Council or Board of Trustees may require the same to be made more specific as to the itemization or description, or to be corrected as to the verification thereof. |