CHAPTER 113.

CHANGE OF JUDGES IN MUNICIPAL COURTS.

An Act relating to changes of venue in actions in municipal courts, providing for change of judge in lieu thereof, and for the certification of causes to the district court where the judge of the municipal court is disqualified, and providing for a judge pro tempore in municipal courts and fixing his compensation, and repealing section 3 of chapter 112, laws of Utah, 1901, as amended by section 1 of chapter 126, laws of Utah, 1903.

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

SECTION 1. Change of judge. Cause for. In any action now pending, or which may be hereafter commenced, in any municipal court in this State, either party of said action may, in the discretion of the court, be entitled to change of judge when it shall appear therein by affidavit or otherwise:

1.. That the judge before whom the action is pending and about to be tried, is a material witness for either party.

2.

That either party cannot have a fair and impartial trial before such judge by reason of the interest, prejudice or bias of such judge. 3. When, from any cause, a judge is disqualified from acting. 4. When the judge before whom the action is pending is sick, or unable to act.

Sec. 2. Only one change. A change of judge cannot be had on motion of the same party, more than once in any pending action.

Sec. 3. Proceedings on change. Whenever a change of judge is granted, as hereinbefore provided, the judge granting the change shall, except in cases hereinafter mentioned, certify all pleadings and a transcript of the proceedings in said cause to date to the district court, in and for the county where said action is pending, where within thirty days, the party at whose instance the change was granted, must docket the said cause. Thereafter, said cause shall in all respects be treated as if originally commenced in the district court; provided, that in all cases wherein a change of judge is granted, and such change would result in certification of said cause, to the district court, the parties litigant may, by written stipulation filed in said cause, agree upon a judge pro tempore, for the trial of said cause. The party so agreed upon as judge pro tempore, must be a member of the bar in good standing, possessing the other statutory qualifications of a municipal judge, and, when appointed by stipulation in any cause, shall in said cause have and exercise all the powers and jurisdiction of a regularly elected judge of the municipal court.

Sec. 4. Fees. The fees of the judge pro tempore in the municipal Court unless otherwise agreed upon by the parties litigant and the party acting as judge pro tempore, shall be five dollars per day, to be taxed as costs by the successful party.

Sec. 5. Repeal. That section 3 of chapter 112 laws of Utah, 1901, and section 1 of chapter 126, laws of Utah, 1903, be and the same are hereby repealed.

Approved this 16th day of March, 1905.

CHAPTER 114.

DESTRUCTION OF WILD ANIMALS.

An Act to encourage the destruction of certain wild animals provide boypties for the killing thereof; making an appropriation for the payment of such bunnies; providing in wholes by fraud and for violation of this act and repealing chapter, popfes may be procured; providing prattles for the pro17, laws of Utah, 1901, and chapter 48, laws of Utah, 1903.

the mannor

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

907

SECTION 1. Bounties for killing certain wild animals. For the purpose of encouraging the destruction of mountain lions, coyotes, lynx and wild cats within the State of Utah, the following bounties shall hereafter be paid as hereinafter provided for the destruction of such animals, to-wit; for each mountain lion so destroyed, two dollars and fifty cents. For each coyote, lynx or wild eat so destroyed, one dollar; provided, that the Board of County Commissioners of any county in the State may offer and pay for the destruction of said wild animals, a county bounty to be paid out of the county funds in addition to the State bounty hereinbefore specified, provided that the said additional county bounty shall not exceed one half of said State bounty hereinbefore specified.

Sec. 2. Bounties, how procured. Any person who shall desire to obtain the bounties provided for in section 1 of this act shall, within sixty days of the killing of said animals, present to the county clerk of the county in which said animal or animals were killed, the entire skin of such animal or animals with the ears, tail and paws connected, accompanied by an affidavit subscribed and sworn to before said county clerk, stating that the animal or animals upon which such bounty is claimed and from which the skin or skins exhibited to said

clerk were taken, were killed by the person presenting the same and claiming said bounty within sixty days from the date of presenting the. same and within the county in which they are so presented and in which such claim for bounty is made; such affidavit shall be substantially in the following form, to-wit: "I do solemnly swear that the skin with the ears entire, tail and paws connected, by me this day exhibited to the county clerk of the county of... in the State of Utah, was taken from an animal by me personally killed within the said county and State of Utah, within sixty days prior to the date of this affidavit.

Sec. 3. Corroborative affidavit required. At the time of presenting such skin or skins with the ears, tail and paws connected and at the time of subscribing to the affidavit described in section 2 of this act, the person presenting the same and claiming bounty thereon, shall cause to be filed with the said county clerk a corroborative affidavit signed and sworn to by at least one reputable citizen and tax payer of the county where in said animal or animals are said to have been killed and in which claim for bounty is made, which corroborative affidavit shall state that the party claiming such bounty is a reputable person, and that to the best of affiant's knowledge and belief the facts set forth in the affidavit of the claimant described in section 2, are true.

Sec. 4. Certificate. It shall thereupon be the duty of said county clerk to issue a certificate under the seal of his office stating the number and kind of animals killed and for which the skins with the ears entire tail and paws connected have been exhibited to him, and stating the sum or sums which said person is entitled to receive under the provisions of this act. Said certificate shall be in substantially the following form:

affidavit that he killed such animals, from which such skin or skins with the ears entire, tail and paws connected were taken, within the above named county, within sixty [days] prior to the date of such affidavit. And I further certify that said claimant has filed in my office a corroborative affidavit signed and sworn to by.

known to me to be a reputable citizen and tax payer within the county, stating that the above named claimant is a reputable person and that to the best of affiant's knowledge and belief the facts set forth in said claimant's affidavit are true. And I further certify that I have in the

presence of...

the county..

of the above county, cut from the said skins with the ears entire and tail connected, the entire scalps thereof with the ears connected, according to law, this.....

I certify that there is due to the within named. the sum of..

. Dollars.

County clerk of the county of.

Countersigned by the..

..county, State of Utah.

190.., and

Sec 5. Cancellation of skins. Report to State Auditor. The county clerk shall thereupon, in the presence of any other county officer, of the same county, one of whom shall attend as a witness upon request, cut off from each and every skin so presented, all four paws, the entire scalp thereof, including the ears and said county clerk shall immediately forward to the State Auditor certified copies of the affidavits hereinbefore required and the certificate made by him together with the endorsement of the other county officer witnessing the identification and cancellation of said skins; such papers shall be forwarded to the said State Auditor by mail or by some other safe channel. It shall be the duty of each and every county clerk within this State to keep a record in a bound book of all bounty certificates issued, to whom, for what, and in what sums issued, and to preserve in his office all affidavits filed by claimants for bounty certificates so numbered as to correspond with the numbers of the certificates in said bound book. It shall be the duty of the county clerk to preserve the scalps with the ears connected, removed from the skins of wild animals by him pursuant to the provisions of this act, in some safe place until his accounts shall have been properly audited by the county commissioners at least once in three months, when they shall be completely destroyed by said county clerk by fire in the presence of at least one of the county commissioners.

Sec. 6. Auditor to draw warrant. Upon receipt of the papers in this act hereinbefore provided, the State Auditor shall examine the same, and if he shall find that the certificates, affidavits and other papers are in conformity with the provisions of this act, he shall draw a warrant in favor of the person entitled to the same, upon the Treasurer of this State for the amount shown by said certificates to be due, and shall deliver or transmit the same to the person entitled thereto.

Sec. 7. Books not to be removed from office. The county clerk and the county auditor shall in no case permit any of the books, records, affidavits, certificates, certified copies thereof or any blank forms for any of the papers provided for in this act to be removed from his office except in the manner in this act specifically described.

Sec. 8. Appropriation. The sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated annually out of the general revenue fund of the State not otherwise appropriated for the purpose of carrying into effect the provisions of this act; provided, however, that if during any year the amount herein appropriated shall be exhausted, the State Auditor shall immediately notify each and every county clerk within this State of such fact, and thereupon all further issuance of bounty certificates shall cease until the expiration of such year; and provided further, that if at the end of any year any part of the sum so appropriated in excess of outstanding certificates and warrants shall remain in the State Treasury, such excess shall be turned back into the Treasury of the State, and provided that no part of any annual appropriation shall be used to pay bounty claims for any other year.

Sec. 9. Penalty. Any person who shall make any false claim or affidavit or who shall aid, abet or connive in the making of any false claim or affidavit for the purpose of obtaining such bounty hereinbefore provided for or who shall thereby aid in fraudulently obtaining the same, shall be deemed guilty of perjury and upon conviction thereof shall be punished according to law.

Chapters 137, laws of Utah, 1901, and chapter 48, laws of Utah, 1903, are hereby repealed.

Approved this 16th day of March, 1905.

CHAPTER 115.

GRANTING RIGHT OF WAY TO UNITED STATES.

An Act for granting to the United States the right of way over State lands for ditches, tunnels, and telephone and transmission lines in connection with irrigation works, and providing for the sale of oertain State lands within the area of irrigation works controlled or constructed by the United States.

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

SECTION 1. Right of way over State lands for canals constructed by U. S. That there is hereby granted, over all the lands now or hereafter belonging to the State of Utah, a right of way for ditches, tunnels, and telephone and transmission lines, constructed by authority of the United States. All conveyances of State lands hereafter made shall contain a reservation of such right of way.