USA > Utah > Salt Lake County > Salt Lake > Utah gazatteer and directory of Logan, Ogden, Provo and Salt Lake cities, for 1884 > Part 35
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Morgan. - Mayor, S. Francis: Councilors. J. Tucker, J. R. Stewart, J. E. Stevenson, W. Henning. D. Robinson; Recorder, T. R. G. Welch; Justices of the Peace, J. F Welch, George Heiner.
Moroni .- Mayor, J. C. Nielson: Councilors, P. Lauretzen, N. Christen- sen, Sr., L. Johnson, J. Blackhouse, W. L. Irons; Recorder, D. C. Nielson; Treasurer. A. A. Bradley; Assessor, A. A. Bradley ; Collector, G. F. Mor- ley; Marshal, L. J. Anderson; Justice of the Peace, G. P. Simpson.
Mount Pleasant .- Mayor, C. N. Lund; Councilors, A. Madsen, J. Carter, H. Winters, S. Jacobsen, M. Rasmussen; Recorder, A. Johnson; Treasurer. C. Madsen; Assessor and Collector, N. Madsen; Marshal, Thomas Price; Justices of the Peace, L. Larson, J. K. McClenahan.
Ogden .- Mayor, D. H. Peery; Aldermen, E. Stratford, N. Tanner, Jr., J. Farr, F. A. Miller ; Councilors, A. Folker, J. A. Boyle, S. Horrocks, J. Pincock, R. J. Taylor: Recorder, P. J. Stevens; Treasurer, R. McQuarrie; Assessor and Collector, Thomas D. Dee; Marshal, W. W. Fife.
Park City .- Mavor, F. W. Hayt; Aldermen, E. Pearce, O. L. Brown, M. S. Aschheim; Councilors, J. W. Stevens, George . Morrison, Henry Newell; Recorder, B. A. Bowman; Treasurer. A. B. Richardson; Marshal, James Keschel: Justice of the Peace, Frank E. James.
Parowan .- Mayor, C. Adams; Councilors, N. Benson, W. W. Pendle- ton, W. Holyoak, John Bentley, M. Richards, Jr .; Recorder, W. Davenport; Treasurer, Thomas Davenport; Assessor and Collector, A. Matherson ; Marshal, R. H. Benson; Justices of the Peace, J. H. Henderson, W. Marsden.
Payson .- Mayor, J. Finlayson; Aldermen, H. W. Barnett, J. S. Taylor, J. J. Mcclellan; Councilors, J. S. Tanner, B. Wride, C. Brewerton, J. E. Huish, S. Hancock; Recorder, J. S. Page, Jr .; Treasurer, J. Robinson; Assessor and Collector, S. Marsh ; Marshal, J. C. Harper:
267
UTAH GAZETTEER.
Pleasant Grove .- Mayor, H. Winter; Aldermen, J. O. Bullock, C. P. Warnick: Councilors, J. Harvey, A. G. Keetch, C. P. Larsen; Recorder, I .. A. Wilson; Treasurer, W. H. Adams; Assessor and Collector, R. Thorne; Marshal, J. Foutz.
Provo .- Mayor, W. H. Dusenberry; Aldermen, A. O. Smoot, Jr., James Dunn, W. D. Roberts, A. 1). Holdaway: Councilors, R. Tharer, Jr., Nel Johnson, A. G. Conover, W. Scott, Mads P. Madsen, D. Holda- wav, P. M. Wentz, J. T. McEwan; Recorder, V. L. Halliday; Treasurer, J. R. Twelves: Assessor and Collector, E. L. Jones; Marshal, J. W. Turner.
Richmond .- Mayor. J. C. Whittle; Councilors, R. M. Kerr, W. K. Burnham, L. J. Petty, L. P. Swendson, E. Webb; Recorder, J. O. Gooch; Treasurer, C. Traveller; Assessor and Collector, Eli Webb; Marshal, J. Richardson; Justices of the Peace, F. A. Bair, W. D. Van Noy.
Richfield .- Mayor, J. M. Peterson; Councilors, A. D. Thurber, N. Poulson, J. Butler, E. Bean, S. C. Christensen, I. K. Wright, H. Hansen; Recorder, J. B. Morrison: Treasurer, H. O. Hansen; Assessor and Col- lector, W. H. Clark: Marshal, W. H. Clark; Justice of the Peace, G. F. Bean.
St. George .- Marshal, R. C. Lund ; Aldermen, M. Snow, E. B. Snow; Councilors, R. Morris, R. G. McQuarrie, T. P. Cottam, J. C. Bentley, W. Nelson; Recorder, J. M. Gates; Treasurer, J. C. Bentley; Assessor and Col- lector, D. H. Morris; Marshal, G. P. Hardy.
Salt Lake City .- Mayor, James Sharp; Aldermen, A. Spiers, I. M. Waddell, Joseph H. Dean, Robert Patrick, George D. Pyper; Councilors, George Stringfellow, O. H. Pettit, John Clark, Thomas G. Webber, A. W. Davis, Joseph A. Jennings, A. N. McFarlane, Heber J. Grant, Junius F. Wells; City Recorder, H. M. Wells; Treasurer, P. A. Schettler; Marshal, W. G. Phillips; Assessor and Collector, W. W. Taylor.
Smithfield .- Mayor, P. T. Morehead; Councilors, A. Chambers, R. Meikle, R. Harper, J. Kirkbride, J. Cantwell; Recorder, J. P. Lowe; Treasurer, J. J. Plowman; Assessor and Collector, R. Nelson; Marshal, S. Nelson.
Spanish Fork .- Mayor, W. Creer; Aldermen, J. Moor, A. Ferguson; Councilors, B. Argyle, S. Peterson, G. G. Hales, T. C. Martell, J. W. Robertson; Recorder, S. Cornaby; Treasurer, W. Robertson; Assessor and Collector, J. P. Jones; Marshal, W. O. Creer.
Springville .- Mayor, I. S. Wood; Aldermen, A. Noe, L. D. Crandall; Councilors, N. Packard, A. Robertson, N. Stewart; Recorder, J. Caffrey; Treasurer, J. W. Bissell; Assessor and Collector, M. C. Crandall; Marshal, O. M. Mower.
Spring City .- Mayor, I. M. Benhanin; Councilors, J. Larsen, I. E. Allred, H. L. Rasmussen, L. M. Christansen, N. B. Adler, J. Downard; Recorder, J. R. Baxter; Treasurer, HI. W. Puzey; Assessor and Col- lector, W. H. Allred; Marshal, S. H. Allred; Justices of the Peace, I. N. Allred, L. Burdick.
Tooele .- Mayor, G. Atkins; Aldermen, J. McLaws, S. F. Lee; Councilors, B. Phister, T. W. Lee, J. W. Taite; Recorder, J. Dunn; Treasuer, G. Craner; Assessor and Collector, T. Nix; Marshal, P. Clegg.
Washington .- Mayor, S. Connell; Councilors, J. P. Chidester, A. Larson, H. Larson, D. Paxman, I. Neilson, N. Nisson; Recorder, P. E.
.
268
UTAH GAZETTEER.
Van Orden; Assessor and Collector, G. W. G. Overett; Marshal, G. C. Dewey; Justices of the Peace, J. H. Crawford, L. N. Harmon.
Wellsville .- Mayor, J. Howell; Councilors, E. Owens, W. Haslam, D. Murray, T. A. Kerr, H. Parker, S. Perkins; Recorder, W. S. Toppleton; Treasurer, W. S. Poppleton; Assessor and Collector, P. M. Maugh. n, Marshal, L. Garrett; Justices of the Peace, J. H. Hall, W. S. Poppleton.
THE LEGISLATURE.
The Legislature of Utah comprises 12 Councilors and 24 Representa- tives, who are elected for two years, at the general election held on the first Monday in August of odd years, as in 1881, 1883, and so on. The sessions of the Legislature are biennial, beginning on the second Monday in January of even years, and may continue for a period of sixty days, including Sun- days. The members are paid by the Federal Government, $4 each per day during the session. The bills, in order to become law, must pass both houses and receive the approval of the Governor, (whose veto is absolute,) after which they are subject to annulment by Congress. Following are the members of the Legislative Assembly for 1884, together with the Districts they represent:
COUNCIL.
Beaver, Garfield, Iron, Millard and Piute Counties-Robert W. Hey- borne.
Box Elder and Weber-F. S. Richards.
Cache and Rich-James T. Hammond.
Davis, Salt Lake and Tooele-H. J. Grant, Heber J. Richards, William W. Taylor and Joseph Barton.
Emery, Sanpete and Sevier-Luther T. Tuttle.
Juab and Utah-Joel Grover and John S. Page. Kane, San Juan and Washington-Edwin G. Woolley.
Morgan, Summit, Uintah and Wasatch-W. W. Cluff.
HOUSE OF REPRESENTATIVES.
Beaver and Piute Counties-P. T. Farnsworth.
Box Elder-O. G. Snow.
Cache and Rich-B. F. Cummings, Jr. and Joseph Howell. Davis, Morgan and Salt Lake-James Sharp, John Morgan, John Clark,
D. C. Young, Caleb T. Brinton and Samuel Francis.
Emery, Sanpete and Sevier-R. R. Llewellyn and A. B. Thurber.
Garfield, Iron and San Juan-John Houston.
Kane and Washington-John Rider.
Millard-Joseph V. Robinson.
Summit-John Boyden.
Tooele-Charles L. Anderson.
Uintah and Wasatch-A. Hatch.
Utah-William Creer, W. H. Dusenberry, S. R. Thurman and George Webb.
Weber-D. H. Peery and Joseph Stanford.
.
TELEGRAPH AND POST OFFICES.
TELEGRAPH OFFICES.
Company. City or Town.
Company.
City or Town.
Deseret-
Alta. American Fork.
Deseret- Mendon. Nephi. :
Western Un .- Bingham.
Orderville.
Deseret-
Beaver. Brigham City. Cedar City. Cove Creek.
Pleasant Grove.
Western Un .- Cisco.
Western Un .- Park City.
Castle Valley.
Peterson.
:
Clear Creek.
Coal Mines.
P. V. Junction, Promontory. Rockville.
Collinston.
Richfield.
Corinne.
Richmond.
Deseret ---
Deseret.
Deep Creek.
Salt Lake City. Sandy. St. George.
Western Un .- Echo.
Deseret-
Fillmore.
Silver City. Salina. Spring City.
Frisco.
Springville.
Francklyn Smelter.
"
Smithfield.
Gunnison.
Spanish Fork.
Glenwood.
Santaquin.
Western Un .- Green River. "
"
Silver Reef.
Deseret-
Hot Springs. Hebron.
Western Un .- Simpson Springs
Western Un .- Ironton.
Deseret --
Juab.
Kaysville.
Kanab.
Thistle Station.
Western Un .- Kelton.
"
Thompsons. Tintic.
Deseret-
Lower Crossing. Logan. Lehi.
Deseret ---
Tooele. Toquerville.
Lehi Junction. Milford.
Western Un .- Uintah. Wahsatch.
..
Monroe.
Weber.
:
Mount Pleasant. Manti.
Deseret- Woods Cross,
Ogden.
Bingham Junction. Blue Creek.
Payson.
Parowan.
Pine Valley.
..
Provo.
Coalville.
Deseret-
Ephraim.
Fairview.
Summit.
Soldier Summit Sunnyside. Terrace.
Moroni.
Wasatch.
270
UTAH GAZETTEER.
POST OFFICES.
The names in SMALL CAPITALS are County Seats.
Town or City.
County. il Town or City.
County.
Adamsville,
Beaver
Eden,
Weber
Alma, .
Weber
Elsinar,
Sevier
Alpine City,
Utah || Ephraim,
Sanpete
Alta, .
Salt Lake!
Erda, Tooele
American Fork,
Utah :
Escalante, Garfield
Annabella, Sevier!
Eureka,
Juab
"Antimony, Garfield !!
Enoch,
Iron
Argenta,
Salt Lake | Fairfield,
Utah
ASHLEY,
Uintah ||
Fairview,
San pete
Aurora,
Sevier
FARMINGTON,
Divis
Bear River City,
Box Elder!
Fayette, Sanpete
BEAVER, .
Beaver
Ferron City, Emery
Benson,
Cache
FILLMORE CITY, Millard
BLUFF,
San Juan
Frisco, Beaver
Bountiful,
Davis
Garden City, Rich
BRIGHAM CITY,
Box Elder
Glendale, . Kane
Brinton,
Salt Lake
Glenwood, Sevier
Brown's Park, . Uintah
Goshen,
Utah
Burbank, Millard
Sevier
Grantsville, Tooele
Greenville,
Beaver
Bradshaw,
. Beaver
Greenwich, Piute
Call's Fort,
Box Elder
Grouse Creek, Box Elder
Cannonville,
Garfield
Gunlock, . Washington
Castle D.ile, Emery
Gunnison, Sanpete
Cedar City,
Iron
-.
Harrisville,
Weber
Centreville, . Davis
HEBER, .
Wasatch
Centre, .
Tooele
Hebron, Washington
Charleston,
Wasatch
Henefer,
. Summit
Chester, Sanpete
Henrieville, Garfield
Circleville,
Piute Herriman, Salt Lake
Clarkston,
Cache
Hillsdale, . Garfield
Clinton, .
Utah
Holden,
Millard
Clover Flat,
Piute
Homansville, Utah
COALVILLE,
Summit
Honeyville, Box Elder
Collinston,
Box Elder
Hooper, Weber
Colton, .
Wasatch
Hoytsville, Summit
Corinne,
Box Elder
HUNTINGTON, Emery
Coyote, .
. Garfield =
Huntsville, . Weber
Croydon,
Morgan
Hyde Park, Cache
Cub Hill,
Cache
Hyrum, Cache
Duncan, Washington
Ingersoll, Millard
Deseret,
Millard
Iron City, Iron
Detroit,
Millard
Ibepah,
Tooele
Deweyville, Box Elder
Indianola, Sanpete
Diamond,
Juab
Inverury,
Sevier
Dover,
Sanpete
Jackson, Washington
Draper,
Salt Lake
Johnson,
Kane
Echo City,
Summit || Joseph,
Sevier
Bingham Canyon,
Salt Lake
Fountain Green, Sanpete
Blake,
Emery
Fremont, Piute
Granite, Salt Lake
Burrville,
Butlerville, .
Salt Lake
Hamblin, Washington
Cedar Valley,
Utah
UTAH GAZETTEER.
271
Town or City.
County. Town or City.
County.
Juab,
Juab ==
Park City,
Summit
JUNCTION,
Piute
Park Valley, .
Box Elder
Kamas,
Summit!
PAROWAN, Iron
KANAB,
Kane
Payson, Utah
Kanara,
Peoa Summit
Kanosh,
Iron Millard Davis
Pine Valley,
Washington
Kelton,
Box Elder
Pinto, .
Washington
Kingston,
Piute
Plain City,
Weber
Koosharem,
Piute I
Pleasant Grove,
. Utah
Lake Point,
Tooele !
Plymouth,
Box Elder
Laketown, .
Rich
Portage,
Box Elder
La Sal,
San Juan
Price, Emery
Leamington,
. Millard
Providence, Cache
Lehi City,
Juab
Ranch, . Kane
Loa,
Piute
RANDOLPH, . Rich
LOGAN, McElmo,
San Juan
Richmond, Cache
MANTI,
. Sanpete !
Rockport, Summit
Marysville,
Piute
Rockville, Washington
Mayfield,
Sanpete Millard Rich
St. John, Tooele
Mendon,
Cache
Salem, . Utah
Midway,
Wasatch
Salina,
Sevier
Milford,
Beaver
SALT LAKE CITY, Salt Lake
Mill Creek, .
Salt Lake
Sandy,
Salt Lake
Millville,
Cache
Santaquin, Utah
Minersville,
Beaver
Scipio,
Millard'
Moab,
Emery
Scofield,
Sanpete :
Mona, .
Juab
Silver City, Juab
Monroe, .
Sevier
Silver Reef,
Washington
Montezuma,
San Juan
Slaterville, .
Weber
MORGAN,
Morgan
Smithfield, Cache
Moroni,
Sanpete Kane
South Jordan,
Salt Lake
Mount Pleasant,
Spanish Fork,
Utah
Muddy,
Spring City,
Sanpete'
Murray, Salt Lake
Springville,
Sterling
Sanpete
New Harmony,
Washington |
Stockton, Tooele
NEPHI
Juabi
Sugar, .
Salt Lake·
Newton,
Cache
Summit,
. Iron
North Ogden,
Weber
Taylorville,
Iron
Oak City,
Millard
Tebbsdale,
Garfield
Oasis,
Weber
Thistle,
. Utah
OGDEN CITY Ophir,
Tooele
Thurber Piute
Orangeville, . Orderville,
Emery
Kane
TOOELE,
Tooele
Ouray, .
Uintah Kane
Trenton, . Cache
PANGUITCH,
Garfield
Tucker, Utah
Paradise,
Cache
Tyner,
Box Elder
Paragoonah, .
Iron
Teasdale, . Piute
. Utah
PROVO CITY, Utah
Levan,
Cache
RICHFIELD, Sevier
Santa Clara, Washington
Meadow,
St. George, Washington
Meadowville,
Box Elder Snowville, .
Mount Carmel,
Sanpete Emery
Utah
North, Salt Lake
Millard
Terrace, Box Elder
Tintic,
Juab
Toquerville, Washington
Pahreah,
Peterson, Morgan
Kaysville,
272
UTAH GAZETTEER.
·
Town or City.
County.
Town or City.
County.
Uintah,
Weber
Washington, .
. Washington
Union,
Salt Lake
Wellington,
. Juab
Van Zile,
Weber
Wellsville,
Cache
Vernon,
Tooele
West Jordan,
Salt Lake
Virgin City,
Washington
West Portage,
Box Elder
Washakie,
. Box Elder
White Rock
Uintah
Wales, .
Sanpete
Willard,
Box Elder
Wallsburgh,
Wasatch
Wilson,
Weber
Wasatch,
Salt Lake
AREA, POPULATION AND ASSESSED VALUATION Of the Territory for 1883.
COUNTIES.
AREA
SQUARE MILES.
ESTIMATED
POPULATION.
VALUATION.
ASSESSED
Beaver,
2,640
4,701
$ 769,860
Box Elder,
4,324
8, 113
2,014,526
Cache, .
990
15,199
1, 908,905
Emery,
8,762
672 not reported
Garfield,
4,520
164,797
Iron,
3,285
4,815
276,330
Juab, .
3,840
3,993
221,232
Kane, .
4,155
3,702
121,140
Millard,
7,020
4,472
679,695
Morgan,
1,056
2,139
397,73º
Piute,
3,700
1,980 not reported
Rich,
777
1,515
300,386
Salt Lake,
960
41,890
11, 165, 800
San Juan,
9,078
246
113,307
Sanpete,
1, 820
13,867
1,062,450
Sevier,
1,552
6,165
556,972
Summit,
3,780
5,087
1,315,601
Tooele,
6,470
5,396
800, 230
Uintah,
6,250
959
110,545
Utah,
2, 100
23,472
2,765, 110
Wasatch,
4,320
3,512
+349,725
Washington,
2,578
4,447
800,335
Weber,
525
16,502
3,161,800
Total,
84,752
178, 121
$30,834,425
Davis,
250
5,277
1,077,942
Wanship,
Summit
Woodruff,
Rich
COMMERCIAL LAW OF UTAH.
Prepared expressly for Martindale's United States Law Directory, June Ist, 1877, by Sidney W. Darke, Esq., of Salt Lake City.
Actions .- Where Commenced .- Actions for the recovery of real estate or interest therein, or for the determination in any form of such right or interest; or for injury to real property; for the partition thereof ; for the fore- closure of a mortgage or other lien; must be brought in the district in which the land or some part thereof is situated.
Actions for the recovery of a penalty or forfeiture imposed by statute (except that when it is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and oppo- site to the place where such offense was committed); against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command or in his aid, does anything touching the duties of such officer, shall be tried in the district where the cause or some part of it arose.
Actions in all other cases shall be tried in the district where the cause of action originated, or in which the defendants or any one of them may reside at the commencement of the action; or, if none of the defendants res de in the Territory, or if residing in the Territory the district in which they reside be unknown to the plaintiff, the cause may be tried in any district which the plaintiff may designate in the complaint. If the district so named be not the proper district, the defendant can, in writing, at the time for answering, demand a trial in the proper district, when the place of trial may be changed by consent of the parties or by order of the court, for the fol- lowing causes:
Ist. When the district designated in the complaint is not the proper district.
2d. When there is reason to believe that an impartial trial cannot be had therein.
3d. When convenience of witnesses and the ends of justice would be promoted by the change.
4th. When from any cause the judge is disqualified from acting in the case.
Arrests .-- No arrest in civil cases except when the defendant is about to leave the Territory with intent to defraud creditors; when the property on which action has been brought to recover possession has been concealed or disposed of; when the defendant has been guilty of a fraud in contracting the debt; when the defendant has fraudulently converted to his own use money or other property of which he had charge.
Attachments .- By filing bond of not less than two hundred dollars, nor exceeding the amount claimed, the plaintiff may have an attachment against the property of the defendant in the following cases:
Ist. In an action upon a contract which is not secured by mortgage or lien on real or personal property.
.
.
274
UTAH GAZETTEER.
2d. When such security (if given) is rendered nugatory by the act of the defendant.
3d. Against a defendant not residing in the Territory.
4th. When the defendant has departed or is about to depart from the Territory or county wherein the action is brought.
5th. When the defendant has concealed himself so that process cannot be served on him.
6th. When the defendant is disposing of his property with intent to defraud his creditors.
All property, both real and personal, and debts due defendant may be attached, except such as are exempt from execution.
Corporations .- All corporations for mining, manufacturing, commercial or ( thier industrial pursuits, must be organized under the general laws of the Terr tory.
Conveyances by Deed must be signed by the person from whom the estate or interest is intended to pass, or his lawful agent or attorney, and by one or more credible witnesses, and must be acknowledged or proved and recorded in the office of the recorder for the county in which the estate is situated.
Any person claiming title to any real estate may, notwithstanding there may be an adverse possession thercof, sell and convey his interest therein, in the same manner and with the same effect as if he were in the actual pos- session thereof.
Every conveyance of real estate not properly recorded is void as against any subsequent purchaser in good faith, and for a valuable consider- ation, of the same real estate or any portion thereof, where his conveyance is first duly recorded.
Acknowledgment .- Proof or acknowledgment of any conveyance of real estate must be taken before and certified to by one of the following officers:
Ist. If acknowledged or proved within the Territory, by some judge or clerk of a court having a seal, or some notary public or county recorder, or by a justice of the peace of the county where the conveyance is executed and to be recorded.
2d. If acknowledged or proved without the Territory and within any State or Territory in the United States, by some judge or clerk of any court of the United States, or of any State or Territory, having a seal. or bv a notary public, or by a commissioner appointed by the Governor of this Ter- ritory for that purpose.
3d. If acknowledged or proved without the United States, by some judge or clerk of any court of any state, kingdom, or empire having a seal, or any notary public therein, or any minister, commissioner, or consul of the United States appointed to reside therein.
When any of the officers above mentioned are authorized by law to appoint a deputy such acknowledgment or proof may be taken by any such deputy in the name of his principal.
A married woman may convey any of her real estate, or any interest therein by conveyance thereof, executed, acknowledged and certified to in the same manner as other persons.
Testimony .- Persons against whom judgment has been rendered upon a conviction for felony, unless pardoned by the Governor, or unless the judgemnt has been reversed on appeal, cannot appear as witnesses.
A husband cannot be a witness for or against his wife, nor a wife for or against her husband; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage. But this rule does not apply to an action or proceeding brought by one against the other.
Divorce .- The probate courts have jurisdiction in divorce and alimony,
275
UTAH GAZETTEER.
and actions must be brought in the court for the county in which plaintiff resides. The petition for a bill of divorce must be in writing, upon oath or affirmation, and must state clearly and specifically the causes on account of which the plaintiff seeks relief. If the court is satisfied that the person so applying has been for one year next prior to the commencement of the pro- ceedings a resident of the county, a divorce from the bonds of matrimony will be decreed for any of the following causes: Impotency of the defendant at the time of marriage. Adultery committed by defendant subsequent to the time of marriage. Wilful desertion of his wife by the defendant, for more than a year. Habitual drunkenness of defendant. Conviction of defendant for felony, cruel treatment of plaintiff to the extent of causing great bodily or mental distress.
No right of dower exists in this Territory.
Fraudulent Conveyances .- Every conveyance of any real estate or interest in lands, or the rents or profits of lands, and every charge upon lands, or the rents, or profits thereof made or created with intent to defraud prior or subsequent purchasers thereof for a valuable consideration, is void as against such purchasers.
All deeds of gift, all conveyances, transfers, or assignments, verbal or written, of goods, chattels, or things in action made in trust for the use for the person making the same is void as against the creditors existing or sub- sequent of such person.
In the following cases every agreement is void, unless such agreement or even note or memorandum thereof expressing the consideration be in writing and subscribed by the party to be charged therewith:
Ist. Every agreement that by its terms is not to be performed within one year from the making thereof.
2d. Every promise to answer for the debt, default, or miscarriage of another.
3d. Every agreement, promise, or undertaking made upon considera- tion of marriage, except mutual promises to marry.
Every contract for the sale of any goods. chattels or things in action, for the price of three hundred dollars or over, is void unless a note or mem- orandum of such contract be made in writing and subscribed by the parties to be charged therewith; or unless the buyer shall accept or receive part of such goods, or the evidences, or some of them of such things in action; or unless the buyer shall at the time pay some part of the purchase money.
Judgments .- In an action against several defendants, the court may render judgment against one or more of them. leaving the action to pro- ceed against the others whenever a several judgment is proper. If there be no answer to the complaint, the relief granted to the plaintiff shall in no case exceed that demanded in his complaint, but in any other case, the court may grant relief consistent with the case made by the complaint and embraced by the issue.
Judgment may be had on the failure of defendant to answer the com- plaint-
In an action arising upon the contract for the recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons or such further time as may have been granted by the court.
In other actions if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk shall enter the default of the defendant, and there- after the plaintiff may apply at the first or any subsequent term of the court for the relief demanded in the complaint. Where the action is for the recovery of damages in whole or in part the court may order the damages assessed by a jury.
$76
UTAH GAZETTEER.
Executions .- Executions may issue from courts of record within three years from the rendition of judgment to the territorial marshal or the sheriff of the county.
Executions may issue to different counties at the same time.
Executions may be made returnable at any time, not less than, nor more than ninety days after its receipt by the proper officer.
Exemptions .- Chairs, tables, desks, and books, to the value of two hundred dollars; necessary household, table and kitchen furniture, wearing apparel, one bed and bedstead, and the necessary bedding for every two members of the family; provisions and fuel for sixty days; the farming utensils and implements of husbandry, two oxen, horses or mules, and their harness; two cows and calves, with their food for ninety days; and one cart or wagon; the tools of a mechanic, the instruments and chests of a surgeon, physician, surveyor, or dentist, with their scientific and professional libraries; the law library of an attorney; and the libraries of clergymen; the tent or cabin of a miner, and tools used in mining, to the value of two hundred dollars, not exceeding in value five hundred dollars, and provi- sions for sixty days; the team and cart or wagon of a person who earns his living by their labor, and their food for sixty days; the horse, harness, and vehicle of a physician, surgeon, or clergyman; the sewing machine in actual use by the debtor or his family; two hogs and all sucking pigs; one- half of the earnings of such debtor by his personal services for sixty days next preceding the levy; a homestead not exceeding in value one thousand dollars for the judgment debtor, and two hundred and fifty dollars for each other member of the family.
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