It shall be the duty of each county recorder to record the mining rules and regulations of the several mining districts in his county without fee, and certified copies of such records shall be received in all tribunals and before all officers of this state as prima facie evidence of such rules and regulations, and it shall be his duty to record, index and abstract all mining location notices presented for record, for a fee not to exceed seventy-five cents for each notice and to file and index all affidavits of labor presented for filing affecting one mining claim for a fee not to exceed twenty-five cents; provided, that when an affidavit of labor contains the name of more than one mining claim, an additional fee of ten cents shall be charged for each additional claim named therein.

Sec. 13. Recorder of Mining District to Give Bond. The recorder of each mining district shall take the oath of office and give bond with sureties in the penal sum of one thousand dollars. Such bond must be approved by the district judge and filed in the office of the county clerk of the county in which the greater part of the said mining district is located. Where the recorder of any mining district appoints a deputy, the recorder and his bondsmen shall be responsible for the official acts of such deputy.

Sec. 14 District Recorder to Make Copies. It shall be the duty of the recorder of a mining district upon request and payment or tender of the fees therefor, to make and deliver to any person requesting the same, duly certified copies of any records in his custody and for a failure so to do, or for receiving larger fees for any such service than those provided he shall be deemed guilty of a misdemeanor.

Sec. 15. Vacancy. County Recorder to Receive Records. Whenever there is a vacancy in the office of recorder of any mining district, or the person holding such office shall remove from the district, leaving therein no qualified successor in office; or whenever from any cause there is no person in such district authorized to retain the custody and give certified copies of the records, it shall be the duty of the person having custody of the records to deposit the same in the office of the county recorder of the county in which such mining district or the greater part thereof is situated, and the county recorder shall receive such records, and is hereby authorized to make and certify copies therefrom, and such certified copies shall be received in evidence in all courts and before all officers and tribunals. The production of a certified copy so made, shall be, without other proof, evidence that such records were properly in the custody of the county recorder.

Sec. 16. Fees of Mining Recorder. Every mining recorder shall be allowed the same fees for recording and making copies of any record in his custody as are allowed by law to county recorders for similar services; provided, that fees for recording location notices may equal but shall not exceed one dollar for each notice.

Sec. 17. Sections Repealed. Sections 1495 and 1496 and 1497 and 1498 and 1499 and 1500 and 1501 and 1502 and 1503 and 1504 and

1505 and 1506 and 1537 and 990 of the Revised Statutes of Utah are hereby repealed.

Approved March 3, 1899.

CHAPTER 15.

ASSESSMENT WORK ON MINING CLAIMS.

AN ACT to Repeal Section 1499 of the Revised Statutes of Utah, 1898, Relating to Mines.

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

SECTION 1. Section 1499 Repealed. That section 1499 of the Revised Statutes of Utah, 1898, be and the same is hereby repealed. Sec. 2. This act shall take effect upon approval. Approved March 3, 1899.

CHAPTER 16.

CITY ORDINANCES.

AN ACT to Amend Section 205 of the Revised Statutes of the State of Utah, 1898, Relating to the Time when Ordinances Take Effect and to Their Publication.

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

SECTION 1. That section 205 of the Revised Statutes of the state of Utah, 1898, be amended to read as follows:

Sec. 205. When Ordinances Take Effect. Publication. All ordinances, before taking effect, shall be deposited in the office of the city recorder, and published at least once in some newspaper published within the city, or if there is no newspaper published in the city, then by posting in three public places therein, and shall go into effect on the twentieth day after its publication, unless provided in the ordinance that it shall take effect at an earlier or a later date; provided, that whenever a revision is made and the revised ordinances are published by authority of the city council, no further publication shall be deemed necessary. The city recorder shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, or his agent, or, if posted, with certificates of the due posting thereof; and said book, or a certified copy of the ordinances, under the seal of the city, shall be received as evidence in all courts and places without further proof, or if printed in book or pamphlet form by authority of the city council, they shall be so received; provided, that in cities of the third class the city council may, at its option, order that a certified copy of any ordinance be posted in three public places within the city, and thereafter no further publication shall be deemed neces

sary.

Approved March 6, 1899.

CHAPTER 17.

RAILROADS.

AN ACT Authorizing Any Corporation Owning Any Railroad in this State, to Sell and Convey its Property and Franchises or Any Part Thereof, to Any Other Railroad Corporation Organized Under the Laws of this State, or of Any Other State or Territory, or the United States, and Defining the Powers of Such Purchasing Corporation.

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

SECTION 1. Railroad Corporations May Sell Property and Fran- ? chises. Any railroad corporation owning any railroad in this state may sell, convey and transfer its property and franchises, or any part thereof to any railroad corporation (not owning any parallel or competitive line in this state), whether organized under the laws of this state or of any other state or territory, or under any act of congress, and any such other railroad corporation receiving such conveyance may hold and operate such railroad, franchises and property within this state, and build and operate extensions or branches thereof, and for that purpose exercise the power of eminent domain, and do any other business in connection therewith as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state.

Provided, that such purchasing corporation shall comply with all the laws of Utah relative to railroad corporations not in conflict herewith.

Sec. 2. This act shall take effect upon its approval.
Approved March 6, 1899.

CHAPTER 18.

SHERIFFS' FEES AND COMMISSIONS.

AN ACT to Amend Section 974 of the Revised Statutes of Utah, 1898, Relating to the
Fees and Commissions of County Sheriffs.

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

SECTION 1. Section 974 of the Revised Statutes of Utah, 1898, is amended to read as follows:

Sec. 974. Sheriff. For serving a summons, or summons and complaint, or any other process by which action or proceedings 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 person 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 postoffice where received, to serve any summons and complaint, or any other process by which action or proceedings 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 the 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 will 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 asylum, when payable by private individuals, twenty cents per mile, one way, for the distance from the county seat of his county to the asylum; 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, paying over or crediting money on execution or other process as follows: If the amount collected, paid over or credited does not exceed one hundred dollars, three per cent thereon; if the amount exceeds one hundred dollars and is less than two hundred dollars, two per cent on the entire amount; if the amount exceeds three hundred dollars and is less than one thousand dollars, one and one-half of one per cent on the entire amount; if the amount exceeds one thousand dollars, three-fourths of one per cent on the entire amount.

For commissions, for receiving and paying over money on process without levy, or when lands or goods levied on are not sold, on the first five hundred dollars, one and one-half per cent; and on sums over five hundred dollars and not exceeding one thousand dollars, one per cent; and on all sums over one thousand dollars, one-half of one per cent.

For executing in duplicate a certificate of sale, exclusive of filing same, one dollar.

Sec. 2. This act will take effect upon its approval.
Approved March 6, 1899.

CHAPTER 19,

WILLS.

AN ACT to Amend Section 3789, Chapter 3, Title 74, of the Revised Statutes of the State of Utah, Relating to the Probate of Wills.

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

Section 3789 of chapter 3, title 74, of the Revised Statutes of the state of Utah, 1898, is hereby amended to read as follows:

Sec. 3789. Hearing and Notice. When the petition is filed it must be set for hearing; notice of which shall be given by publication, or by posting as the court may direct, and by the mailing of notices to the heirs and to the executor if he be not the petitioner. Approved March 7, 1899.

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