CHAPTER 36. ABSTRACTS OF TITLE. AN ACT Providing for the Admission of Abstracts of Title, Made and Certified To by Licensed Abstractors and County Recorders, as Evidence in Any Court Existing by Virtue of the Laws of the State of Utah. Be it enacted by the Legislature of the State of Utah: SECTION 1. Abstracts of Title Admissible in Evidence. Any abstract of title to any piece, parcel or parcels of real estate or mining claim or claims, certified to by any licensed abstractor or county recorder of the state of Utah, shall be admissible in evidence in any action or proceeding in any court existing by virtue of the laws of the state of Utah, and shall be prima facie evidence of the facts therein stated without further proof, and the certificate to the same of such licensed abstractor or county recorder shall be prima facie evidence of the authority of such licensed abstractor or county recorder. Sec. 2. How Certified. The abstracts mentioned in the preceding section, in order to be admissible in evidence as therein provided, shall be certified to under the hand and seal of such licensed abstractor or county recorder, which certificate shall set forth what such abstract purports to contain and shall also contain a statement of the authority of the maker thereof. Sec. 3. This act shall take effect upon approval. CHAPTER 37. COMMON CARRIERS. AN ACT Authorizing Common Carriers to Sell Unclaimed Freight. Be it enacted by the Legislature of the State of Utah: SECTION 1. Common Carriers' Lien. All common carriers in this state shall have a lien upon all goods, wares, merchandise, baggage and property in their possession for freight, handling, expenses and storage charges, and charges advanced to connecting carriers. Sec. 2. How Enforced. The carrier may enforce the lien by a sale of the property in the following cases: If the property be not accepted, taken away and charges paid by the consignee or person or party authorized to receive the same, within two months after the arrival of the property at the point of consignment, or after its arrival at the point nearest the point of consignment, if not consigned to a station on the line or to a connecting carrier; or if the charges be not paid and the property taken away within two months after a connecting carrier shall have refused to accept the property for further transportation and advance the back charges, and thirty days' notice of refusal by mail to the consignor, if known, directed to the place of shipment; or in case property is left with the carrier to await shipment, and no shipping instructions given and shipment made for two months. Sec. 3. Sale at Auction. The sale shall be at public auction to the highest bidder for cash, after advertising for ten days in a newspaper of general circulation published at the place of sale, giving the time and place of sale, the amount of the lien other than the expenses of the sale, and a brief description of the property, with the names of the consignor and consignee, if known. All property in one shipment may be sold as one parcel, and the carrier shall not be required to break bulk or open boxes or packages to expose the contents. Property to be sold may be collected from the stations on the line, at one or more points convenient for sale, and the lien thereon shall include reasonable charges for such transportation. Of the proceeds of sale, the carrier may retain the amount of the lien, and reasonable costs and expenses of sale, and on demand pay any excesses to the owner or person entitled thereto, on the production of the shipping bill properly indorsed, or of other satisfactory evidence of the right of the claimant to such proceeds. Sec. 4. Chapter 4, Title 39, R. S. Not Repealed. This act shall not be deemed to repeal chapter 4 of title 39 of the Revised Statutes of Utah, or to prohibit the foreclosure in the courts of Utah a common carrier's lien. Approved March 9, 1899. CHAPTER 38. TITLE BY ADVERSE POSSESSION. AN ACT Providing That Title by Adverse Possession Can Not be Acquired to Real Estate Held For Public Purposes. Be it enacted by the Legislature of the State of Utah: SECTION 1. Title to Streets, Etc., Can Not be Acquired by Adverse Possession. No person shall be allowed to acquire any right or title in or to any lands held by any town or city, or the corporate authorities thereof, designated for public use as streets, lanes, avenues, alleys, parks, public squares, or for other purposes, by adverse possession thereof for any length of time whatsoever. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1899. CHAPTER 39. STATE BOARD OF PARDONS. AN ACT Authorizing the Board of Pardons to Reduce Sentences of State Prisoners for Good Behavior, Providing for Forfeiture of Such Reduction, and Parole of Prisoners, and Repealing Sections 2246 to 2253 of the Revised Statutes of 1898. Be it enacted by the Legislature of the State of Utah: SECTION 1. Reduction of Sentence for Good Behavior. The board of pardons is hereby authorized to extend to each convict sentenced for any period less than life who shall not have been guilty of a breach of the rules of discipline of the prison, a reduction of the period of sentence, as hereinafter provided; and when the full term of imprisonment for which such convict shall have been sentenced shall be diminished by his good conduct under the provisions of this act so that his term of imprisonment has thereby expired, the warden shall immediately furnish the board of pardons a certificate stating the length of time his term of imprisonment has been so diminished, and no objections appearing to the board, the convict shall be released. Sec. 2. Ibid. The hereinafter specified deductions shall be allowed to convicts for good conduct: From a term of sentence of three months, fifteen days; from a term of six months, thirty days; from a term of one year, two calendar months; thus, a one-year convict shall be entitled to a discharge at the expiration of ten months. If the term be for any time greater than one year, the service for the second year or portion thereof shall begin at the expiration of ten months, which shall stand for a service of one year. On the second year the convict shall be entitled to a deduction of three calendar months; thus, a service of one year and seven months shall be sufficient for a term of two years. The service of a third year, or fraction thereof, shall begin at the expiration of one year and seven months; four calendar months shall be allowed on said third year; thus, a service of two years and three months shall be sufficient for a term of three years. For a term of four years, the service of the fourth, or portion thereof, shall begin at the expiration of two years and three months, and on the fourth year five months shall be allowed; thus, a service of two years and ten months shall be sufficient for a term of four years. In a term of five years the service of the fifth year, or portion thereof, shall begin at the expiration of two years and ten months, and from the fifth year there shall be a deduction of six calendar months; thus, a service of three years and four months shall be sufficient for a term of five years. For all time in excess of five years there shall be a deduction of one-half of such time. Sec. 3. Ibid. In all terms of sentence terminating between those herein before specified, the deduction shall be proportionate. Sec. 4. Forfeiture of Reduction. For a violation of the rules the convict shall be liable to forfeit all his deduction time for the month in which the infraction occurs. If the offense or offenses be aggravated or frequent, the warden or other officer in charge shall have power to punish the offender by depriving him of all or any portion of his deduction time earned previous to the commission of such offense or offenses; provided, that any convict who may feel himself aggrieved by the action of the warden or other officer in charge, in such cases shall have the right to appeal, in writing to the board of pardons, which writing shall include a statement of facts and the evidence and reasons of the appellant for considering himself unjustly dealt with. Should the board, upon investigation, deem the complaint of the convict well grounded, it shall credit back to such convict the earned deduction time of which he shall have been deprived. Sec. 5. Habitual Criminal, Permit to be at Liberty When. When it shall appear to the board that any person sentenced to the state prison as a habitual criminal has reformed, it may issue to him a permit to be at liberty during the remainder of his term of sentence, upon such conditions as it deems best; and it may revoke such permit at any time previous to its expiration. The violation by the holder of a permit, granted as aforesaid, of any of the terms or conditions thereof, or his violation of any of the laws of the state, shall of itself make void the permit. Sec. 6. Parole of Prisoners. The board shall have power to establish rules and regulations, under which any prisoner, who is now or may hereafter be imprisoned under a sentence other than for murder in the first or second degree, and who may have served a minimum term provided by law for the crime for which he shall have been convicted (and who shall not have previously been convicted of felony and served a term in a penal institution) and any prisoner who is now or hereafter may be imprisoned, under a sentence for murder in the first or second degree and who has now or hereafter shall have served under said sentence twenty-five full years, may be allowed to go upon parole outside of the prison buildings and their enclosures, but to remain, while on parole, in the legal custody and under the control of the board, and subject at any time to be taken back within the institution. Sec. 7. Reimprisonment. Full power to enforce such rules and regulations, and to retake and reimprison any convict so upon parole is hereby conferred upon the board, whose written order, certified by its secretary, shall be a sufficient warrant for all officers named therein to return to actual custody any such conditionally released or paroled prisoner. It is hereby made the duty of every officer to execute such order the same as an ordinary criminal process. The concurrence of all members of the board shall be necessary for the parole of a prisoner as herein provided; provided, however, that no prisoner confined in a state prison shall be considered eligible for parole, and no application for parole shall be considered by the board until such prisoner be recommended as worthy of such consideration by the warden. In no case shall a prisoner be released on parole unless there be, in the judgment of the board, reasonable ground to believe that he will, if released, live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society, and such judgment shall be based upon the record and character of the prisoner established in prison. Sec. 8. Inquiry by Board. No petition or other form of application for the release of any prisoner shall be entertained by the board, and no attorneys or outside persons of any kind shall be allowed to appear before the board as supplicants for the parole of the prisoner, but these requirements shall not prevent the board from making such inquiries as it may deem desirable in regard to the previous history or environments of the prisoner, or as to his probable surroundings if paroled. Such inquiries shall be instituted by the board itself, and all information thus received shall be considered and treated as confidential. Sec. 9. Sections 2246 to 2253 both inclusive, of the Revised Statutes of the state of Utah, 1898, are hereby repealed. Sec. 10. This act shall take effect upon approval. CHAPTER 40. UTAH VOLUNTEERS. AN ACT Providing For a Medal For Each of the Volunteers From Utah Who Was Mustered Into the Service of the United States in the Late War Against Spain. Be it enacted by the Legislature of the State of Utah: SECTION 1. Medals for Volunteers. The governor and secretary of state are authorized and directed to procure a medal for each of the volunteers from this state, who was mustered into the service of the United State in the late war with Spain. Sec. 2. Design. Cost. The design of said medals shall be such as may be determined upon by the governor and secretary of state; shall consist of bronze and silver and to weigh not more than two ounces. Upon said medals shall be inscribed the names of said volunteers respectively and such other inscription as may be deemed suitable and proper. They shall cost not to exceed two dollars each, and when completed and at such time as may be deemed expedient and proper shall be presented to each of said volunteers, or in case of his death prior thereto, then to his nearest relative. Sec. 3. Appropriation. For the purposes of this act there is hereby appropriated out of any moneys in the state treasury not |