Penalties. Same. Pool or trust contract void. Forfeit of corporate franchise. Notice to cor. porations to trust, etc. the price, or lessen the production and sale of any article of commerce, use, or consumption, or to prevent. restrict, or diminish the manufacture or output of any such article, or to monopolize any part of the trade or commerce within this State. Sec. 4. If a corporation, a company, a firm, or association shall be found guilty of a violation of this act, it shall be punished by a fine in any sum not less than one hundred dollars nor more than two thousand dollars for the first offense; and for the second offense not less than five hundred dollars nor more than five thousand dollars; and for the third offense, not less than five thousand dollars nor more than ten thousand dollars; and for every subsequent offense shall be liable to a fine of fifteen thousand dollars. Sec. 5. Any president, manager, director or other officer, agent or receiver of any corporation, company, firm or association, or any member of any company, firm or association, or any individual found guilty of a violation of this act, may be punished by a fine of not less than one hundred dollars, nor to exceed one thousand dollars, or by confinement in the county jail not to exceed one year, or both, in the discretion of the court before which such conviction may be had. Sec. 6. Any contract or agreement in violation of any provision of the preceding sections of this act shall be absolutely void. Sec. 7. Any corporation created or organized by or under the laws of this State which shall violate any of the provisions of the preceding sections of this act, shall thereby forfeit its corporate right and franchise, and its corporate existence shall thereupon cease and determine. Sec. 8. It shall be the duty of the Secretary of State, upon satisfactory evidence that any corporation withdraw from or association of persons, incorporated or operating under the laws of this State, have entered into any trust, combination or association, as provided in the preceding provisions of this act, to give notice to such corporation that unless they withdraw from and sever all business connections with said trust, combination or association, their corporate right and franchise will be revoked at the expiration of thirty days from the date of such notice. Sec. 9. At the expiration of the thirty days men eral to begin forfeiture on statement of State; trials. tioned in the last preceding section, the Secretary of Attorney GenState shall cause a certified statement of the facts to proceedings of be filed in the office of the Attorney General of the receiving State, who shall proceed, or direct such proceedings by secretary of any county attorney in the State, to commence an action in the district court of any county in the State of competent jurisdiction, to forfeit and revoke the corporate right and franchise of such corporation. When said proceedings are instituted, they shall be conducted as ordinary law actions, triable by court or jury. On the final decision of the same, should the defendant be found guilty of a violation of any of the provisions of this act, said court shall render a judgment and order a revocation of the charter, corporate rights and franchises of said corporation as a penalty for the violation or violations of which the said corporation shall be found guilty, and the Secretary of State shall thereupon make publication of such revocation in four 4 newspapers in general circulation in four of the largest cities of the State. damage. Sec. 10. In case any person or persons, shall do, Liability for cause to be done, or permit to be done, any act, matter or thing in this act prohibited or declared to be unlawful, such person or persons, shall be liable to the person or persons, injured thereby for treble the amount of damages sustained in consequence of any such violation of the provisions of this act. defined. Sec. 11. The words, "person," or "persons," "Person" wherever used in this act shall be deemed to include corporations, companies and associations existing under or authorized by the laws of either the United States, or any of the Territories, any State, or any foreign country. Approved March 9, 1896. to be allowed for wages. CHAPTER XL. ATTORNEY'S FEES WHEN LABORER SUES FOR WAGES. AN ACT providing for Attorney's Fees, when Mechanic, Artisan, Miner, Be it enacted by the Legislature of the State of Utah: SECTION 1. That whenever a mechanic, artisan, Attorney's fee miner, laborer, or servant, or employe shall have cause employe owing to bring suit for his wages earned and due, and owing according to the terms of employment, and he shall establish by the decision of the court or jury, that the amount for which he has brought suit is justly due and owing and that a demand has been made in writing, at least fifteen days before suit is brought, for a sum not to exceed the amount so found due and owing, then it shall be the duty of the court before which the case shall be tried, to allow to the plaintiff, when the foregoing facts appear, a reasonable attorney's fee in addition to the amount found due and owing for wages. to be taxed as costs of suit, and in justice's court such attorney's fee shall not be more than $5.00, and in the district court, not more than $10.00, except in cases of appeal from a justice's court to the district court, when the plaintiff may recover an attorney's fee not exceeding $25.00. Approved March 7, 1896. CHAPTER XLI. HERITABLE RIGHTS OF POLYGAMOUS CHILDREN. AN ACT relative to the Heritable Rights of the Issue of Polygamous Marriages. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2742 of the Compiled Laws of the Territory of Utah, included when enacted and effectually operated at all times thereafter and now operates to include the issue of bigamous and polygamous marriages, and entitles all such issue to inherit, as in said section provided, except such as are not included in the proviso in section 11 of the act of Congress called the "Edmunds-Tucker act," entitled "An act to amend an act entitled 'An act to amend section 5352' of the Revised Statutes of the United States, in reference to bigamy and for other purposes.' trial or rehear fer of causes. Sec. 2. That in all cases involving the rights of Motion for new such issue to so inherit, heretofore determined ad- ing, and transversely to such issue in any of the courts of the Territory of Utah, a motion for a new trial or re-hearing shall be entertained, on application of such issue who was or were parties, at any time, within one year after this act shall take effect; and the case or cases in which said. motion is so directed to be heard shall be deemed transferred to the court of the State of Utah corresponding to that of the Territory of Utah, in which such adverse decision was made, and the courts shall thereupon proceed to hear and determine said motion, and if granted, to proceed to hear and determine the case or cases without prejudice from the lapse of time since the former hearing or any prior determination of a like motion; Provided, That this act shall not be construed to affect the rights of bona fide purchasers from any such parties before the approval of this act. Sec. 3. This act shall take effect upon approval. CHAPTER XLII. CONTINGENT EXPENSES OF THE LEGISLATURE. AN ACT to provide for the payment of Regular and Contingent Expenses of the First Session of the Legislature of the State of Utah. Be it enacted by the Legislature of the State of Utah: SECTION 1. That the sum of fifteen thousand dol- Additional legislative lars, or so much thereof as may be necessary, be and expenses. the same is hereby appropriated out of the funds of the State treasury for the purpose of defraying the addıtional regular and contingent expenses of the first session of the Legislature; and the State Auditor shall draw his warrant on the State Treasurer for such money, or any portion thereof, upon the request, in writing of the President of the Senate and Speaker of the House of Representatives. Sec. 2. This act shall take effect upon its approval. Approved March 11, 1896. court may con enter orders in when. CHAPTER XLIII. POWERS OF CLERKS OF DISRICT COURTS PERTAINING TO AN ACT regulating and extending the powers of the Clerk of the District Court in matters pertaining to the estates of decedents, minors, insane and incompetent persons at times when there is a vacation or recess of the court and the Judge thereof is absent from the county seat. Be it enacted by the Legislature of the State of Utah: SECTION 1. Whenever during a recess or vacation Clerk of district of the district court for any county, the judge of said sider proof and court is absent from the county seat, the clerk of the probate matters, Court shall have the power subject to the restrictions and limitations hereinafter expressed, to hear and consider proof and testimony and to make and enter of record the appropriate orders in the following cases arising under the provisions of Part Eleventh, Compiled Laws of Utah, 1888, relating to the procedure in the settlement of estates and in guardianship, to-wit: 1. He may require proof and determine that noNotice in uncon- tice has been given and may hear testimony in proof of a will as provided in section 3998, excepting in cases where the will is contested. tested cases. Letters testamentary. 2. He may admit a will to probate and issue letters testamentary as provided in sections 4000 and 4024. 3. He may hear the allegations and proofs of the parties and issue letters of administration as provided administration, in section 4045, excepting in contested cases, but no Letters of except. |