Imágenes de páginas
PDF

fore determined upon, but has not been carried into actual effect.

Sec. 3. This act shall take effect upon its approval.

Approved March 7, 1896.

CHAPTER XXXVII.

RELEASE OF ONE JOINT DEBTOR.

AN ACT providing for the Kelease of one or more Joint Debtors without discharging the others.

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

Section 1. Any creditor to whom two or more Si^joTn? persons are jointly indebted, either upon contract ordebtor the judgment of any court, founded upon contract, may release one or more of the persons so jointly liable, from such joint indebtedness; and such release shall operate as a satisfaction or discharge of such joint debt only to the .amount of the proportion which the person so released ought in equity as between himself and the other joint debtor or debtors, to pay; and as to the balance of such joint debt, the contract or judgment, as the case may be, on which the same is owing, shall be and remain in full force as against him or them alone, the same as if such joint contract or judgment had been made or rendered against him or them alone; Provided, That if the amount paid b}' the person released in any case to procure his release, shall exceed the proportion of such joint debt which he, as between himself and the co-debtor or debtors, ought to pay, then ix.bt satined such joint debt shall thereby be satisfied to the extent iSnou'nfrX. of the sum actually paid to procure such release; And Provided also, That if the person released is only a surety, his release shall operate as payment of such joint debt to the extent of the money actually paid by him to procure his release, and no further.

Sec. 2. The provisions of the preceding section ^1TM^°^ shall not so apply to joint debts owing by one or more principal, person or persons as principal, and another or others as

surety or sureties, as to permit the principal debtor or
debtors to be released, without the discharge of his
or their surety or sureties.
Approved March 7, 1896.

CHAPTER XXXVIII.

THE ATTORNEY GENERAL.

AN ACT defining the duties of the Attorney General, and fixing the amount of his Bond.

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

Section 1. It is the duty of the Attorney General:

1. To attend the supreme court and all courts of ?eUTGenera"or"the United States and prosecute or defend all causes to

which the State or any officer thereof in his official capacity is a party.

2. After judgment on any of the causes referred to in the preceding subdivision, to direct the issuing of such process as may be necessary to carry the same into execution.

3. To account for and to pay over to the proper officer all moneys which may come into his possession belonging to the State.

4. To keep a register of all cases in which he is required to appear, which must show the court in which the cases have been instituted and tried, and whether they are civil or criminal; if civil, the nature of the demand, the stage of proceedings, and when prosecuted to judgment, a memorandum of the judgment, of any process issued thereon and whether satisfied or not, if not satisfied, the return of the sheriff; and if criminal the nature of the crime, the mode of prosecution, the stage of proceedings, and when prosecuted to sentence, a memorandum of the sentence and of the execution thereof if the same has been executed, and if not executed, of the reason of the delay or prevention; and must deliver the same to his successor in office.

5i To exercise supervisory powers over the county Duties of Atattornej's of the State in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.

6. To give his opinion in writing, without fee, to the Legislature or either house thereof, and to any State officer, board or commission, when required, upon any question of law relating to their respective offices.

7. When required by the public service or directed by the Governor, to assist the county attorney of any county in the discharge of his duties.

8. To buy up and purchase in the name of the State, under the direction of the Board of Examiners, any property for sale under execution issued upon judgments in favor of or for the use of the State, and to enter satisfaction in whole or in part of such judgments as a consideration for such purchases.

9. Whenever the property of a judgment debtor in any judgment mentioned in the preceding subdivision has been sold under a prior judgment, or is subject to any judgment, lien or incumbrance taking precedence of the judgment'in favor of the State, under the direction of the Board of Examiners to redeem such property from such prior judgment, lien or incumbrance, and all sums of money necessary for such redemption must, upon the order of the Board of Examiners, be paid out of any money appropriated for such pui'poses.

10. When in his opinion it is necessary for the collection or enforcement of any judgment hereinbefore mentioned, to institute and prosecute in behalf of the State, such actions or proceedings as are necessary to set aside and annul all conveyances fraudulently made by such judgment debtors, and the cost necessary to the prosecution must, when allowed by the Board of Examiners, be paid out of any appropriation for the prosecution of delinquents.

11. To discharge the duties of a member of all official boards of which he is or hereafter may be made a member by the Constitution or laws of the State, and such other duties as may be prescribed by law.

12. To report to the Governor on or before the 1st day of December preceding the regular biennial session of the Legislature the condition of the affairs of

Duties of Attorney General.

Bond of Attorney General.

Suits for

escheated

property.

his department, and to accompany the same with a copy of his docket, and of the reports received by him from county attorneys, which report must also include an itemized statement of the moneys received from all sources, and for any service performed and of all moneys disbursed, which report must be made to the Governor under oath.

13. To institute and prosecute proper proceeding's, in any court of the State or of the United States to restrain and enjoin corporations, organized under the laws of this or any other State or Territory from acting illegally, or in excess of their corporate powers and contrary to public policy, and, in proper cases, to forfeit their corporate franchises, dissolve such corporations and wind up their affairs.

Sec. 2. The Attorney General must execute to the State, an official bond in the sum of five thousand (5,000) dollars.

Sec. 3. It is the duty of the Attorney General to institute investigations for the recovery of all real or personal property which may have escheated or should escheat to the State, and for that purpose he has the power to cite any and all persons before any of the district courts of this State to answer inquiries and render accounts concerning the said property, real or personal, and to examine all books and papers of any and all corporations. When any real or personal property is recovered which should escheat to the State, the Attorney General must institute suit in the district court of the county where said property shall be situated, for the recovery, to escheat the same to the State.

Sec. 4. This act shall take effect upon its approval.

Approved March 7, 1890.

CHAPTER XXXIX.

TO PREVENT POOLS AND TRUSTS.

AN ACT prohibiting, and providing for the punishment of Persons, Co-partnerships, Associations, and Corporations forming Pools, Trusts, Combinations, or Conspiracies to tilled or control the price of professional services or to affect or control the price, or limit or lessen the production, manufacture, consumption, use or sale of any article of commerce, manufacture or product of the soil, means for the suppression of such evils, and remedies for persons injured thereby.

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

Section 1. Any combination by persons having combination for its object or effect the controlling of the prices of priiSu'nhlUfS. any professional services, any products of the soil, or of any article of manufacture or commerce or the cost of exchange or transportation, is prohibited and hereby declared unlawful. Any persons who shall violate the foregoing provisions shall be subject to prosecution and punishment as Hereinafter provided.

Sec. 2. If any person or association of persons combination to shall create, enter into, become a member of, or a party tion'un^lui. to, any pool, trust, agreement, combination, confederation or understanding with any other person or persons, to regulate or fix the price of any article of merchandise or commodity, or shall enter into, become a member of, or a party to, any pool, trust, agreement, contract, combination or confederation to fix or limit the amount or quantity of any article, commodity or merchandise to be manufactured, mined, produced or sold in this State, such person or persons, shall be deemed and adjudged guilty of a conspiracy to defraud, and be subject to punishment as hereinafter provided.

Sec. 3. It shall not be lawful for any corporation Tru»tceruato issue or to own trust certificates, or for any corpora- TMnttion1 ofTM" tion, agent, officer, or employe, or tiie directors or a^p?,^1TM8 to stockholders of an\* corporation, to enter into anv com-llmlt Produc

, . . A A i * tlon unlawful.

bination, contract or agreement with any person or persons, the purpose and effect of which combination. contract or agreement shall be to place the management or control of such combination or combinations, or the manufactured product thereof, in the hand of any trustee or trustees, with the intent to limit or fix

S

« AnteriorContinuar »