county clerk. Upon the receipt of said statement by the state auditor, he shall, unless he find the same to be incorrect, draw his warrant in favor of the county treasurer upon the state treasurer for the whole amount of said juror and witness warrants, as shown by said statement, and for one-half of the whole amount of the said warrants for salaries shown in said statement, and shall transmit the same to the county treasurer. The county treasurer shall hold the funds drawn from the state treasury, upon the warrant aforesaid, for mileage and attendance of jurors and witnesses, as a separate fund for the redemption of juror and witness warrants; and shall place the funds drawn from the state treasury, upon the warrant aforesaid, on account of salaries, in the salary fund of the county, or, if there be no salary fund, in the general fund of the county. ['96, pp. 571–2*. 1013. State officer to account before receiving salary. The state auditor shall not draw his warrant for the salary, for any quarter, of any state officer by whom fees for the state are collected, until such officer shall have first presented him with the certificate of the state treasurer showing that he has made the statement and settlement for that quarter required in this title. 1014. County officer to account before receiving salary. The county auditor shall not draw his warrant for the salary of any county officer for any month until the latter shall have first presented him with the certificate of the county treasurer showing that he has made the statement and settlement for that month required in this title; provided, that this section shall not be construed to prevent the payment of the salary of any employee or deputy of any officer. ['96, p. 570*. CHAPTER 7. GENERAL PROVISIONS. 1015. Officers to keep account of fees. Payment into treasury. All state, district, county, city, town, and school officers, excepting notaries public. boards of arbitration, justices of the peace, and constables, shall keep a correct account of all fees collected by them, and shall pay the same into the proper treasury, and the officer whose duty it is to collect such fees shall be held responsible under his bond for the same. ['96, pp. 89-90. Fees of state officers, payment, 2964. Fees of county officers, payment, ? 971. 1016. Fees payable in advance. Exceptions. Impecunious suitors. The state and county officers mentioned in this title shall not in any case perform any official service unless the fees prescribed for such service are paid in advance, and on such payment the officer must perform the services required: and for every failure or refusal to perform official duty when the fees are tendered, any officer shall be liable upon his official bond; provided, that no fees shall be charged the state, or any county or subdivision thereof, or any public officer acting therefor, or in cases of habeas corpus, or in criminal cases, before final judgment, or for administering and certifying the oath of office, or for swearing pensioners and their witnesses, or for filing and recording bonds of public officers; provided further, that if any person shall make an affidavit before the judge of the district court, setting forth that he has a good cause of action or a good defense, and that he is unable to pay the fees in advance, the judge of the district court may, in his discretion, make an order that the clerk or the sheriff. or both, shall perform the necessary services in such case without any fee in advance, or he may require such person to give security for the costs, and then require such officers to perform the services, and it shall be the duty of such officers to obey the order of the district court. ['96, pp. 566–7*, 570*, Subpoena of witnesses for impecunious defendant in criminal case, ? 1004. 1017. Legal proceedings by poor person without cost. Oath. Any person may institute, prosecute, defend, and appeal any case in any court in this state on taking and subscribing before any officer authorized to administer an oath the following: "I, A B, do solemnly swear (or affirm) that owing to my poverty I am unable to bear the expenses of the action or legal proceedings which I am about to commence or the appeal which I am about to take, and that I verily believe I am justly entitled to the relief sought by such action, legal proceedings, or appeal." ['97, p. 54. 1018. Officer to perform duties without fees. On such oath or affirmation being presented to any justice of the peace, or clerk of any court, such justice of the peace or clerk, as the case may be, shall at once file any complaint or papers on appeal and do any and all things necessary or proper to be done as promptly as though such litigant had fully paid all the regular fees and the constable, or sheriff or his deputies, shall at once promptly serve any and all summons, writs, processes, subpoenas, and all papers necessary or proper in the prosecution or defense of such cause for such poor person as though all the necessary fees and costs had been fully paid. ['97, p. 54. Stenographer's fees, when paid by state in criminal case, 2727. 1019. If poor person successful costs collected from him. Nothing herein contained shall prevent such justice of the peace, clerk, constable, or sheriff from collecting their regular fees for all services so rendered for such poor person, in the event such poor person should be successful in his litigation and all such fees and costs shall be regularly taxed and included in such judgment as may be recovered by such poor person and the said fees and costs shall be paid to such justice of the peace, clerk, constable, sheriff, or deputy sheriff; provided, that in the event that said poor person fails in his action or appeal, then the costs of said action and appeal shall be adjudged against him. ['97, pp. 54–5. 1020. If affidavit untrue, etc., fees to be paid or bond given. If it should be made to appear to the court by affidavit that the affidavit or affirmation is untrue or that the suit or appeal is frivolous or malicious or without merit, the court may make a rule on such poor person, fixing a day not less than five days from the date of service of such notice, requiring such poor person to appear at a fixed time and place, to show cause if any he have why he should not give bond and security for the costs of his action or appeal or pay the legal fees therefor, and, on failure so to do, why his suit, action, or appeal should not be dismissed. Should the court be of the opinion that the said poor person's affidavit or affirmation is frivolous or said action or appeal is malicious or without merit, the court in which such action is pending may dismiss it. ['97, p. 55. 1021. Officer refusing to perform services guilty of misdemeanor. Any justice of the peace, clerk, or officer refusing to file or serve such papers shall be guilty of a misdemeanor and be punished as such. ['97, p. 55. 1022. "Folio" defined. The term "folio," when used as a measure for computing fees, shall be construed to mean one hundred words, counting every number expressed in numerals as a word. Any portion of a folio, when in the whole draft or paper there shall not be a complete folio, or when there shall be an excess over the last folio exceeding one-half, shall be computed as a folio. ['96, p. 562. 1023. All officers must keep fee books. It shall be the duty of every officer in this title named, who is authorized to receive any fees for official services of himself or deputies, to keep a fee book, in which he shall enter an exact and full account, in detail, of all fees, commissions, or compensations, of whatever nature or kind, by him or his deputies earned, collected, or chargeable, with date, the name of the payer, and the nature of the service in each case. If any person shall hold more than one office, he may keep a separate fee book for each office, and may make separate statements for each, or he may keep a joint fee book and make joint statements, at his discretion. ['96, p. 569. 1024. All officers to post fee bill. It shall be the duty of every officer herein specified, to prepare and keep posted in a conspicuous place in his office, a plain and legible statement of the fees allowed by law, upon pain of forfeiting, for failure to do so, fifty dollars, to be recovered, with costs, by any person, before any justice of the peace of the county. ['96, p. 570*. 1025. Publication by officer, prepayment of cost. When, by law, any publication is required to be made by an officer, of any suit, process, notice, order, or other paper, the cost of the same must be tendered by the party for whom such order of publication was granted before the officer shall be compelled to make such publication. ['96, p. 568. 1026. Receipt for fees paid. Every officer, upon receiving any fees for official duties or services, may be required by the person paying the same to make out in writing and deliver to such person an itemized account of such fees, and shall receipt the same; and if he refuses or neglects to do so when required, he shall be liable to the party paying the same for three times the amount so paid. ['96, p. 568. 1027. Not keeping fee book, etc. Penalties. If any officer shall refuse or wilfully neglect to keep a fee book, or to file a sworn statement, or to make returns, as herein required, he shall be deemed guilty of a misdemeanor. ['96, p. 569. 1028. Office vacated by receiving illegal fees. The board of county commissioners, upon receiving a certified copy of the record of conviction of any county, precinct, or district officer for receiving illegal fees, must declare his office vacant. ['96, p. 570. 1029. Id. Other penalties. Any public officer who shall charge and receive for any service rendered by him any other or greater amount than is prescribed by law for such service shall be deemed guilty of a misdemeanor, and shall forfeit to the person aggrieved the amount thereof and twenty-five dollars as damages, and shall pay costs of suit. 1030. False certification as to fees a felony. Every clerk of the district court, county attorney, justice of the peace, or other officer who shall certify as a fact any matter which he knows to be untrue, whereby any witness or juror shall be allowed a greater sum than he would otherwise be entitled to under the provisions of this title, shall be deemed guilty of a felony. ['94, pp. 143-4*. 1031. Officers forbidden to purchase certificates. No person connected officially with any of the district courts of this state, and no state, district, county, or precinct officer, shall purchase or cause to be purchased any certificate issued to any juror or witness under the provisions of this title. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. ['94, p. 144*. 1032. Certificates invalid after one year. Any holder of a witness' or juror's certificate specified in this title shall be required to present it to the county treasurer or to the county auditor, as the case may be, of the county where such certificate was issued, within one year from the date of its issuance. If the same shall not be presented for payment within that time, it shall be invalid and shall not be paid. ['94, p. 145*. 1033. Allowing suit without fees. Penalty. Every justice of the peace who files in his office any complaint, or allows a civil action to be commenced in his court, without the fees being paid therefor in advance, except in cases permitted by the statutes, is guilty of a misdemeanor. ['97, p. 90. TITLE 21. Title repealed substituted FISH AND GAME. by Chapt 26-1899 1034. State fish and game warden. Appointment. Removal. The governor of the state, by and with the consent of the senate, shall appoint a state fish and game warden, who shall be a resident citizen of the state, whose term of office shall be two years and until his successor is appointed and qualified; provided, that when a vacancy occurs in the office of said warden and the legislature is not in session, the governor shall have power to fill such vacancy until the next regular session of the legislature, and he shall have power to remove the state warden at any time for cause. ['97, pp. 91-2. 1035. Compensation and bond. The state warden shall receive an annual salary of five hundred dollars. He shall, before entering upon the duties of his office, take and subscribe to an oath of office and give a bond in the penal sum of three thousand dollars for the faithful performance of his duty. bond shall be approved by and filed with the secretary of state. ['97, p. 92. Such 1036. Duties, generally. Deputies. The state warden shall have control and supervision of the waters of the state for the collection, propagation. culture, and distribution of fish in the state, and shall receive and distribute all fish, fish fry, and spawn coming into his hands fairly and equitably among the several counties. He shall have full control of all the property of the state, obtained or held for the purpose contemplated by this title, and he shall have power to appoint special deputies without pay to assist in enforcing the provisions of this title. ['97, p. 92. 1037. May take fish or game, when. Report. It shall be lawful for the state fish and game warden, or any person appointed by him in writing so to do, to take fish and game of any kind, dead or alive, or in any manner, under the direction of the county fish and game warden, for the purpose of inspection, cultivation, propagation, distribution, scientific, or other purposes, deemed by him to be in the interests of the fish and game industry of the state. He shall make a detailed report of his official transactions, including the number and kinds of fish distributed and the locality and name of streams, ponds, or lakes where the same have been placed, and submit such report to the legislature during the first week of its ensuing regular session. ['97, p. 92. 1038. County fish and game warden. At their first session after the passage of this title the county commissioners of each county of the state shall appoint a county fish and game warden, whose term of office shall be two years and until his successor shall be appointed and qualified. Said county warden shall, before entering upon the duties of his office, take and subscribe to an oath of office and give a bond in the penal sum of one thousand dollars for the faithful performance of his duty; said bond shall be approved by the county commissioners and filed in the office of the county clerk. The county warden shall receive adequate compensation for his services, to be determined and paid by the county commissioners out of the county treasury, and shall perform his duties under the direction of the state warden and the county commissioners, and may be removed for cause by the state warden, with the consent of the county commissioners. ['97, pp. 92-3. 1039. Duties and powers of county warden. It shall be the duty of the county wardens to see that all laws of the state for the protection of fish and game are faithfully enforced in their respective counties, and for this purpose they, together with the state warden and his deputies, are hereby given the same authority exercised by sheriffs and constables. It shall be the duty of Repealed the county warden to report his official acts to the county commissioners of his county annually. ['97, p. 93. 1040. Id. The said county wardens, by authority of the state warden, may bake or cause to be taken from the waters within their respective counties, at any propa ime or in any manner, any kind of fish for the purpose of inspection or propagation. The county wardens shall make detailed reports of their official doings to the state warden during the first week in December of each year. ['97, p. 93. 1041. Id. It shall be the duty of the county warden to take or cause to be taken in the best practical manner any imported fish, mountain trout, bass, or herring, found in pools or other places in which receding waters of the rivers. streams, canals, or other waterways have left them, and which are likely to become dry, and to carefully put the live fish thus taken into main bodies of water, and to make the best disposition of the dead fish in the interest of the county treasury. ['97, p. 93. 1042. Fishways. The owners of any dam across any of the streams of this state shall, if required by the county fish and game warden, and under his direction, erect and maintain at all times, at the expense of said owner or owners, suitable fishways to allow the free and uninterrupted passage of fish up and down the streams; provided, that nothing in this title shall be so construed as to interfere with acquired rights to the use of water in this state. ['97, p. 93. 1043. Screens. It shall be unlawful for any person or persons operating any mill, factory power plant, or other manufacturing concern run by water power and having either head or tail races, without first furnishing and maintaining suitable screens or other device to prevent the fish from entering therein; said screens to be built and maintained under the direction of the county warden and at the expense of said owner or owners or operators of said mill, factory, power plant, or other manufacturing concern; provided, that the woolen factory race at Provo, Utah county, this state, through which fish reach Spring lake, be made an exception to these obligations; and provided further, that the owner or owners or operators of said woolen factory or other factories or mills situated upon said race, furnish and maintain at all times and at their own expense, suitable screens to prevent fish from entering the water-wheels and water-pipes of said factories or mills; said screens to be built and maintained under the direction of the county warden. ['97, pp. 93–4. 1044. Taking fish, how and when lawful. It shall be unlawful for any person to take any fish, except carp, chubs, suckers, and mullet, from any of the waters of this state, by any means or device whatever, except by means of hook and line, commonly known as angling, and that only between the fifteenth day of June of each year and the fifteenth day of December following. ['97, p. 94. 1045. Unlawful possession of fish. Bass. Bass. It shall be unlawful for any person to sell, kill, destroy, or have in his possession any bass whatever at any time after the fifteenth day of December and before the fifteenth day of June following. ['97, p. 94. 1046. Id. Other fish. It is hereby made unlawful for any person to take, kill, or have in his possession any catfish, perch, rock-bass, crappie, rainbow-trout, goldfish, silverfish, or silver-eels, taken from the waters of the state for a period of two years after the passage of this title. ['97, p. 94. 1047. Use of explosives, drugs, etc. It shall be unlawful for any person to kill or take any fish from the waters of the state by the use of any poison, deleterious, or stupefying drug, giant powder, or quick-lime, or any explosive substance whatever, or to place or to use in or on the surface of such waters, any giant powder, quick-lime, or any explosive substance, or any poison, deleterious, or stupefying drug, or to have in his possession any fish killed or taken by |