decree as to children and possession of property. shall be the same as near as may be as is now or hereafter may be provided by law in actions for divorce. Sec. 3. In all actions brought pursuant to this act. What court may the court may order and decree concerning the care, custody and maintenance of the minor children of the parties, and may determine with which of the parties the children or any of them shall remain, and may as sign and decree to the wife the possession of any of the real or personal estate of the husband, and may decree the payment of a fixed sum of money for the support of the wife and minor children, and provide that the payment of the same be secured upon real estate or otherwise, the payment to be made at such times and in such manner as may be proper, and may enforce the performance of such decree by the sale of the real estate of the husband, or by any proceedings in contempt or otherwise as may be necessary. And the court shall have the power to change the allowance from time to time, according to circumstances or may revoke such allowance altogether upon satisfactory proof of a voluntary and permanent reconciliation. Provided, That such allowance shall be only during the joint lives of such husband and wife. fendant from disposing of property. Sec. 4. That at the time of filing the complaint Enjoining de- mentioned in section 1, of this act, or at any time subsequent thereto, the plaintiff may procure from the court and file with the county recorder of any county in the State in which the defendant may own real estate, an order enjoining and restraining the defendant from disposing of or encumbering the same or any portion thereof, describing such real estate with reasonable certainty, and from the time of filing such order, the property described therein, shall be charged with a lien in favor of the plaintiff to the extent of any judgment which may be rendered in the action. Approved March 3, 1896. CHAPTER XXXIV. THE GOVERNOR. AN ACT prescribing the powers and duties of the Governor. Be it enacted by the Legislature of the State of Utah: Governor. SECTION 1. In addition to those prescribed by the Duties of Constitution, the Governor has the power and must perform the duties prescribed in this act. 1. He is to supervise the official conduct of all executive and ministerial officers. 2. He is to see that all offices are filled and the duties thereof performed, or, in default thereof, apply such remedy as the law allows, and if the remedy is imperfect, acquaint the Legislature therewith at its next session. 3. He is to make the appointments and supply the vacancies as required by law. 4. He is the sole official organ of communication between the government of this State and the government of any other State or of the United States. 5. Whenever any suit or legal proceeding is pend ing against this State, or which may affect the title of this State to any property, or which may result in any claim against the State, he may direct the Attorney General to appear on behalf of the State, and may employ such additional counsel as he may judge expedient. 6. He may require the Attorney General or county attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this State. 7. He may require the Attorney General to aid any county attorney in the discharge of his duties. 8. He may offer rewards not exceeding one thousand dollars each, payable out of the general fund, for the apprehension of any convict who has escaped from the State Prison, or any person who has committed, or is charged with an offense punishable by death. 9. He must perform such duties respecting fugitives from justice as are prescribed by law. 10. He must issue and transmit election proclamations as prescribed by law. Duties of Governor. Same. Same. ing-Governor. 11. He must issue land warrants and patents as prescribed by law. 12. He must in the year 1897 and biennially thereafter, prior to the meeting of the Legislature, deliver to the Secretary of State, for publication, all biennial reports of officers and boards for the two preceding years. 13. He may require any officer or board to make special reports to him, upon demand, in writing. 14. He must discharge the duties of member of all boards of which he is or may be made a member by the Constitution or laws of the State. 15. He has such other powers and must perform such other duties as are devolved upon him by law. Sec. 2. Within ten days after the meeting of the Legislature, the Governor must transmit to the Senate a list of all appointments made by him under the provisions of the Constitution or of law made during the recess of the Legislature. Sec. 3. The Governor must cause to be kept, an account of all his official expenses and disbursements, including the incidental expenses of his office, and of all rewards offered by him for the apprehension of criminals and persons charged with crime. Sec. 4. Every provision of the laws of this State Applies to act in relation to the powers and duties of the Governor, and in relation to acts and duties to be performed by others toward him, extends to the persons performing, for the time being, the duties of Governor. Sec. 5. This act shall take effect upon approval. Membership CHAPTER XXXV. STATE BOARD OF EXAMINERS. AN ACT to carry into effect Section 13 of Article VII of the Constitution, and providing for the organization of the State Board of Examiners, and prescribing its duties and powers. Beit enacted by the Legislature of the State of Utah: SECTION 1. The Governor, the Secretary of State and powers of and the Attorney General, constitute a Board of Examiners, with power to examine all claims against the Board of Examiners. State, except salaries or compensation of officers, fixed by law, and they shall perform such other duties as may be prescribed by law. No claim against the State, except salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners. Sec. 2. The meetings of said board shall be held Meetings. at the seat of government, or at such other place in the State as the said board may determine, on the third Monday in each month, and at such other times as the president may call it together; and the Governor is the president, and the Secretary of State is the secretary President and of said board, and in the absence of either, an officer. Secretary. pro tempore may be elected from their number. record. Sec. 3. The board must keep a record of all its To keep a proceedings, and any member may cause his dissent to the action of a majority, upon any matter to be entered upon such record. And an abstract of all claims. must be entered upon the minutes of the board before the same are acted upon. Sec. 4. The board may, in writing, establish rules May make rules. and regulations not inconsistent with law, for its government. attendance Sec. 5. The president may issue subpoenas and May compel compel the attendance of witnesses before the board, witnesses. or any member thereof, in the same manner that any court in the State may; and whenever the testimony of any witness against a demand pending before it, is material, the president must cause the attendance of the witness before the board, or a member thereof, to testify concerning the demand, and the board may make a reasonable allowance therefor, not exceeding the fees of witnesses in civil cases, which must be paid out of the appropriation for the contingent expenses of the board, but in no instance can an allowance be made in favor of a witness who appeared in behalf of the claimant. Sec. 6. Each member of the board may take dep- May take ositions to be used before it. depositions. State to be board. Sec. 7. Any person having a claim against the claims against State for which an appropriation has been made, may presented to present the same to the board, in the form of an account or petition, and the secretary of the board must date, number and file such claim, and the board must allow or reject the same in the order of its presenta Approval of claim. Disapproval. Disposal of claims which there are no funds to pay. When claims by maker. tion. The board may, for cause, postpone action upon a claim, for not exceeding one month. Sec. 8. If the board approve such claim, they must endorse thereon over their signatures, "Approved for the sum of - -dollars," and transmit the same to the office of the State Auditor; and the Auditor must draw his warrant for the amount so approved in favor of the claimant, or his assigns, in the order in which the same was approved. Sec. 9. If the board disapprove such claim, it must cause the same to be filed with the records of the board, with a statement showing such disapproval and the reasons therefor. Sec. 10. If no appropriation has been made for the payment of any claim presented to the board, the settlement of which is provided for by law, or if an appropriation made has been exhausted, the board must audit the same, and if they approve it, must transmit it to the Legislature with a statement of their approval. Sec. 11. Any person having a claim against the must be verified State, the settlement of which is not otherwise provided for by law, must present the same to the Board of Examiners, accompanied by a statement showing the facts constituting the claim, verified in the same manner as complaints in civil actions. Examination claims. Sec. 12. On the first Monday in November preceding the meeting of each Legislature, the board must and advertised hold a session for the purpose of examining the class of claims referred to in the preceding section, and may adjourn from time to time until their work is completed. They must cause a list and brief abstract of all claims filed with them up to that date, to be made and published in some newspaper at the seat of government, for such time as they may prescribe. The list must be accompanied by a general notice of the order in which and of the time when the board will proceed to examine the claims. Recommendation to Legislature. Sec. 13. The board must, at the time designated, proceed to examine and adjust all such claims. They may hear evidence in support of or against them, and report to the Legislature such facts and recommendations concerning them as they may think proper. In making their recommendations, they may state and use any official or personal knowledge which any member of the board may have touching such claims. |