313.

Claim barred if not presented. It shall be a sufficient bar and answer to any action or proceeding against a city or town, in any court, for the collection of any claim mentioned in section 312, that such claim had not been presented to the City Council of such City, or to the Board of Trustees of such town, in the manner and within the time in section 312 specified, provided, that in case an account or claim, other than a claim made for damages on account of the unsafe, defective, dangerous or obstructed condition of any street, alley, crosswalk, way, sidewalk, culvert or bridge is required by the Council or Board to be made more specific as to itemization or description, or to be properly verified, sufficient time shall be allowed the claimant to comply with such requirement.

Approved this 15th day of February, 1905.

CHAPTER 6.

PROVIDING TO WHOM PROCESS SHALL RUN FROM MUNICIPAL COURTS.

An Act amending section 20, chapter 112, of the laws of Utah, 1901, as amended by chapter 126, laws of Utah, 1903, providing to whom process shall run from municipal courts.

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

SECTION 1. That section 20, chapter 112, laws of Utah, 1901, as amended by chapter 126, laws of Utah, 1903, be and the same is hereby amended to read as follows:

20. Process, to whom to run. All process from municipal courts shall run to the sheriff or any constable of the county, and in criminal actions in which the city is plaintiff, also to the chief of police or any policeman of the city; provided, that in civil actions in which process is to be served outside of the county in which said court is located, process shall run to the sheriff or any constable of the county in which said process is to be served.

Approved this 15th day of February, 1905.

CHAPTER 7.

BILL OF EXCEPTIONS.

An Act to amend section 3286 of the Revised Statutes of Utah, 1898, relating to preparation, settlement and signing of bill of exceptions. Time allowed.

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

SECTION 1. That section 3286, of the Revised Statutes of Utah, 1898, be amended to read as follows:

3286. Preparation, settlement and signing of bill of exception. Time allowed. When a party desires to have exceptions taken at a trial settled in a bill of exceptions, he may, within thirty days after the entry of judgment if the action were tried with a jury, or after service of notice of the entry of judgment if the action were tried without a jury, or after service of notice of the determination of a motion for a new trial, prepare a draft of a bill and serve the same, or a copy thereof, upon the adverse party. Such draft must contain all the exceptions taken upon which the party relies. Within ten days after such service the adverse party may propose amendments thereto, and serve the same, or a copy thereof, upon the other party. The proposed bill and amendments must, within ten days thereafter, be presented by the party seeking the settlement of the bill to the judge who tried or heard the case, upon five days' notice to the adverse party, or be delivered to the clerk of the court for the judge. When received by the clerk, he must immediately deliver them to the judge, if he be in the county; if he be absent from the county, and either party desires the papers to be forwarded to the judge, the clerk must, upon notice in writing from such party, immediately forward them by mail or other safe channel; if not thus forwarded, the clerk must deliver them to the judge immediately after his return to the county. When received from the clerk, the judge must designate the time at which he will settle the bill, and the clerk must immediately notify the parties of such designation. At the time designated, the judge must settle the bill. If no amendments are served, or if served are allowed, the proposed bill may be presented, with the amendments, if any, to the judge for settlement, without notice to the adverse party. It is the duty of the judge, in settling the bill, to strike out of it all redundant and useless matter, so that the exceptions may be presented as briefly as possible. When settled, the bill must be signed by the judge, with his certificate to the effect that the same is allowed, and shall then be filed with the clerk. A bill of exceptions shall in all cases be prepared, settled, signed and filed within ninety days after the entry of judgment, or after no

tice of the same if the action were tried without a jury, or after notice of the determination of a motion for a new trial.

Approved this 15th day of February, 1905.

CHAPTER 8.

AUTHORIZING RECORDERS TO TAKE ACKNOWLEDGMENTS AND ADMINISTER

OATHS.

An Act amending section 628 of the Revised Statutes of Utah, 1898, authorizing recorders to take acknowledgements and administer oaths.

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

SECTION 1. That section 628 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

628. Recorder may take acknowledgments, administer oaths. It shall be the duty of recorders to take acknowledgments of all instruments authorized by law to be acknowledged, and to administer oaths. Sec. 2. This act shall take effect upon approval. Approved this 15th day of February, 1905.

CHAPTER 9.

JUDGES ACTING AS ATTORNEYS.

An Act to amend section 693, Revised Statutes of Utah, 1898, relating to judges acting as attorneys.

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

SECTION 1. That section 693, Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

693. Judge cannot act as attorney. Exception. A justice of the supreme court, or a judge of the district court, or a judge of a city court, or a judge of a municipal court, cannot act as an attorney or counsel in the court of which he is a judge, or in any other court, except in an action or proceeding to which he is a party of record; provided that a judge of a city court and a judge of a municipal court, shall be permitted to practice before the district courts in this state in uncontested probate matters.

Approved this 16th day of February, 1905.

CHAPTER 10.

MOTIONS AND ORDERS.

An Act to amend section 3329 of the Revised Statutes of Utah, 1898, relating to motions and orders.

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

SECTION 1. That section 3329, of the Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows:

3329. Time may be extended in all cases, except notice of appeal. When an act to be done as provided in this code relates to the pleadings in the action, or the undertakings to be filed, or the justification of sureties, or the preparation, service, filing or presentment of bills of exception, or of amendments thereto, or to the service or filing of notices other than of appeal, the time allowed by this code may be extended, upon good cause shown, by the court in which the action is pending, or by a judge thereof.

Approved this 16th day of February, 1905.

CHAPTER II.

DISMISSAL OF ACTIONS PENDING BEFORE A JUSTICE OF THE PEACE.

'An Act amending section 3724 of the Revised Statutes of Utah, 1898, relating to the dismissal without prejudice of actions pending before a justice of the peace.

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

SECTION 1. That section 3724, of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows:

3724. When action dismissed without prejudice. Judgment that the action be dismissed without prejudice to a new action may be entered, at plaintiff's cost, in the following cases:

1. When the plaintiff voluntarily dismisses the action before it is finally submitted.

2. When he fails to appear at the time fixed by the justice for the trial, or within one hour thereafter.

3. When the complaint of the plaintiff is not verified.

4. When, after a demurrer to the complaint has been sustained, the plaintiff fails to amend it within the time allowed by the court.

5. When upon the special appearance of the defendant, it is

found from affidavits filed by either party that the action is brought in the wrong county, precinct, or city; and if such objection is made by a party, specially appearing for the purpose, and overruled, then the ruling of the Court upon such objection may be reviewed in the District Court at the instance of the party aggrieved, either on appeal or by means of a writ of prohibition.

Approved this 18th day of February, 1905.

CHAPTER 12.

DUTIES OF STATE AUDITOR.

An Act to amend section 2421 of the Revised Statutes of Utah, 1898, and chapter 69 of the laws of Utah, 1899, defining the duties of State Auditor.

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

SECTION 1. That section 2421 of the Revised Statutes of Utah, 1898, as amended by chapter 69 of the laws of Utah, 1899, defining the duties of State Auditor, is hereby amended to read as follows: Section 2421. Duties State Auditor. It is the duty of the State Auditor:

1. To superintend the fiscal concerns of the State.

2. To report to the Governor on the first of January next preceeding each regular session of the Legislature, a statement of the funds of the State, its revenues, of the public expenditures during the two preceding fiscal years, together with a detailed estimate of the expenditures to be defrayed from the treasury for the two ensuing fiscal years, specifying therein each object of expenditures and distinguishing between such as are provided for by permanent or temporary appropriation, and such as must be provided for by a new statute, and suggesting the means from which such expenditures are to be defrayed; and to make a semi-annual report to the Governor of the condition of the state treasury.

3. To accompany his biennial reports with tabular statements, showing the amount of each appropriation for the two preceding fiscal years, the amount expended, and the balance, if any; also showing the amount of revenue chargeable to each county for such years, the amount paid, and the amount unpaid or due therefrom.

4. When requested, to give information in writing to either house of the Legislature relating to the fiscal affairs of the State, or to the duties of his office.