4. The amount of its assets and liabilities; 5. The amount of its net surplus over all liabilities; 6. The name of its agent or attorney residing in this State, upon whom service of process in any civil action, against said company, may be made; 7. Its receipts and disbursements during the preceding calendar year; And upon filing with said Secretary of State, a duly authenticated abstract of the laws of the State, Territory or foreign government under which said company was organized; Provided, That mutual and fraternal companies or associations organized without capital stock, upon the assessment plan solely, shall not be subject to the provisions of the requirements of subdivisions 2, 3, 4, and 5, of this section. certificate. The certificate of authority so issued shall be valid Term of only during the year for which it is issued, and shall be renewed each year. The fee for such renewal shall be two dollars. The insurance year in this State shall begin on the first day of May and end on the last day of April following. The term agent as used in this section applies to and includes every person who solicits or writes life insurance. statement. 2467, s. 7. During the month of April of each Time of filing year each insurance company doing business in this State shall cause to be filed in the office of the Secretary of State the statement required in section 2466 and cause a copy thereof duly certified by the Secretary of State to be published, at least four times, in some newspaper published in this State and having general circulation therein, such publication to begin on or before the 30th day of April of the year in which the statement is filed, and proof of such publication to be filed in the office of the Secretary of State. Sec. 2. This act shall take effect upon its approval. Approved April 5, 1896. grants to State. CHAPTER CIX. SURVEY OF PUBLIC LANDS. HOUSE JOINT RESOLUTION. Resolution empowering the Governor to apply for the Survey of Public Lands of the United States for the purpose of satisfying land grants to the State. Be it resolved and enacted by the Legislature of the State of Utah: "That the Governor of the State be and he is hereSurvey for land by authorized and directed, by and with the consent of the State Board of Land Commissioners to make application to the commissioner of the general land office for the survey of public unsurveyed lands with a view to satisfy the public land grant to this State, in accordance with the provisions of Chapter 301, 28 U. S. Statutes at Large, pp. 394, 395. Approved August 18, 1894, and that this resolution take effect immediately. Approved April 5, 1896. district court. CHAPTER CX. APPEALS TO SUPREME COURT. AN ACT relating to Appeals to the Supreme Court from the District Court. Be it enacted by the Legislature of the State of Utah: SECTION 1. An appeal may be taken to the supreme court, from the district court, in the following cases: From a judgment or order granting, refusing or Appeals from revoking letters testamentary, or of administration, or of guardianship; or admitting or refusing to admit a will to probate; or against or in favor of the validity of a will, or revoking the probate thereof; or against or in favor of setting apart property, or making an allowance for a widow or child; or against or in favor of directing the partition, sale, or conveyance of real property; or settling an account of an executor, or administrator, or guardian, or refusing, allowing, or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, legacy or distributive share; or confirming or refusing to confirm a report of an appraiser setting apart the homestead. for appeal. tual without From such judgments or orders the appeal must Limit of time be taken within sixty days after the judgment or order is made or entered or filed with the clerk, and the appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney. The order of service is immaterial, but the appeal is ineffectual for Appeal ineffec any purpose unless within five days after the service undertaking. of the notice of appeal an undertaking be filed in an amount to be fixed by the court on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal or on the dismissal thereof or a deposit of money be made with the clerk in such sum as the judge shall fix, or the undertaking be waived by the adverse party, in writing. case of reversed Sec. 2. When the judgment or order appointing Acts valid in an executor, or administrator, or guardian, is reversed judgment. on appeal, for error, and not for want of jurisdiction of the court, all lawful acts in administration upon the estate performed by such executor, or administrator, or guardian, if he have qualified, are as valid as if such judgment or order had been affirmed. Sec. 3. This act shall take effect upon approval. Instruments copied in records of county recorders validated. Vested right undisturbed. CHAPTER CXI. VALIDATING THE RECORDS OF CERTAIN DEEDS. AN ACT to validate and make admissible in evidence certain Deeds, Conveyances, Mortgages, Powers of Attorney and other Instruments affecting title to real estate recorded in or upon the records of the county recorders of the several counties of this State, on or before the fourth day of January, 1896, wherein the same are defectively executed, attested, acknowledged, certified, recorded or certified of record, except as against subsequent purchasers, incumbrancers or assignees. Be it enacted by the Legislature of the State of Utah: SECTION 1. That all deeds, conveyances, mortgages, powers of attorney and all other instruments in writing affecting title to real estate, copied into the books of record of the office of the county recorders of the several counties of this State, on or before the fourth day of January, 1896, shall, after the approval of this act, impart to subsequent purchasers and incumbrancers, and all other persons, notice of all such deeds, conveyances, mortgages, powers of attorney and other instruments in writing, so far and to the extent that they are of record as aforesaid, notwithstanding any defect, omission or informality existing in the execution, attestation, acknowledgment, certificate of acknowledgment, recording or certificate of recording the same; and all such deeds, conveyances, mortgages, powers of attorney and other instruments, and the records or authenticated copies of the records thereof, shall be admissible in evidence notwithstanding such defects or admissions; Provided, That nothing in this act shall be construed to affect any right or title heretofore acquired by subsequent purchasers, grantees, incumbrancers or assignees. Sec. 2. This act shall take effect upon approval. CHAPTER CXII. BOUNTY ON CANAIGRE. AN ACT to encourage the cultivation of Canaigre and its use in the manufacture of Leather in the State of Utah. Be it enacted by the Legislature of the State of Utah: Procedure on SECTION 1. That for the purpose of encouraging Bonus for the cultivation of the canaigre root as a tanning mate- canaigre root. rial in this State a bonus of one dollar per ton shall be paid on the first twenty thousand tons of canaigre root produced by cultivation in the State and used in this State for the manufacture of leather. Any person, firm or corporation that intend securing the bonus, or claim for bonus. any part thereof, herein proffered shall, before each year's planting, notify the Secretary of State that it is their intention to plant and cultivate a certain number of acres of land for the purpose of raising canaigre roots, describing in said notice by United States survey the land to be thus employed; and the Secretary of State, upon having presented to him a duly certified statement setting forth that a certain quantity of canaigre roots were produced by cultivation by the person, firm or corporation named, and on the land described in the notice herein provided for, the said statement being substantiated to the satisfaction of said Secretary of State by affidavits of the purchasers and users of said roots, that they were purchased for and used in the manufacture of leather in this State, is hereby authorized to certify said facts to the State Anditor who is authorized and required to draw a warrant on the treasurer for the amount of the bonus earned on the number of tons of roots and in favor of the person, firm or corporation mentioned in the affidavits. leather tanned raised in State. Sec. 2. That the sum of ten thousand dollars shall Bonus for be paid to any person, firm or corporation who shall be with canaigre the first to manufacture in this State and sell fifty thousand dollars worth of leather tanned with canaigre roots raised by cultivation in the State. Any person, conditions on firm or corporation that intends to enter into competi- which to claim tion for this award shall notify the Secretary of State of such intention, and set forth in said notice the bonus. |