Show AN all NEW BOOK OF LAWS tins laws of utah passed passer at the twenty fifth session of tho the tive live assembly are now being distributed tri buted by the secretary an act to amend title of the C compiled om laws contains an error which needs pointing painting out and explaining the thu mistake is in nice and will be ae found on page 71 75 55 it reada leada as follows all ali ali all that portion of section 1207 from and after the word time times in j line four of said section Bec bee tion 1113 leithy r pealed repealed e reference Re terence to section 1207 of the gom Pom compiled piled plied laws will vill show that no sueh beeh word as time occurs in line iino four or any other line of the lection tion comparison of the bill signed by the president of the council and speaker of the house and finally by the governor with the original bill that passed both houseas housea reveal reveals the fact that section 1267 of th tho the complied laws is the section designed to be amended and the error was the mistake of the enrolling clerk in copying the responsibility however the enrolling clerk in copying the responsibility however rests with the committed on rin euroll ment whose duty it 16 was to examine and compare compa e all enrolled bills with the originals the mistake is one that could be very easily made especially in the haste of the closing days or of the as assion sou son it ia Is due however both to the secretary and the public printer to place the responsibility in the proper place places aa as neither of those gentlemen are in any way to blame lor tor it now as to the effect of the error tile the amendment intended to be fee made mado by the L legislature acisla ture turo waa wits to strike out tiie tue following from the civil act the tho shall shail also be ab ac com compani compacted panted cd by an affidavit by or on behalf of the defendant by himself or his agent or attorney that the demurrer is not interposed for delay merely rhe rho object in view was to relieve the defendant from making waking this affidavit when demurring to a complaint whether the intent of the legislature Legisla is to be defeated by this clerical error will have to bo be determined by the courts if any one chooses to test it however it will ivill not be a matter of very great moment if the law stands without the intended change for two years more the fai fat ure of section 9 will not injure tire the rest of the amending act it makes may bay important changes in the law which attorneys attorn eya will appreciate better batter than other othor folks and the one erroneous us section will not render invalid the other 33 A slip explaining the mistake will be inserted in the book containing the laws of 1882 opposite the section containing the error and aa as it is clear that section 1207 was not intended to be amended as described that being impossible and that section 1267 is ls is 19 the section m ant il it is not at all improbable that tile the courts would rule in favor of the right of a defendant to omit the affidavit to a de demur demurrer murre rei rel but this in bolves a rl nhak risk ak which every good lawyer will be BU su e to consider mistakes will happen but if thre j lbs ife one onu place more than another where they ought to be avoided it Is in legislative enactments |