USA > Utah > Cache County > Logan > Utah gazetteer and directory of Logan, Ogden, Provo, and Salt Lake Cities for 1884 > Part 36
USA > Utah > Salt Lake County > Salt Lake > Utah gazetteer and directory of Logan, Ogden, Provo, and Salt Lake Cities for 1884 > Part 36
USA > Utah > Utah County > Provo > Utah gazetteer and directory of Logan, Ogden, Provo, and Salt Lake Cities for 1884 > Part 36
USA > Utah > Weber County > Ogden > Utah gazetteer and directory of Logan, Ogden, Provo, and Salt Lake Cities for 1884 > Part 36
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69
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 c ther 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 thereof, 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 by 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.
276
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.
The property of fire companies, etc., and the lot of land on which they are situated, parks, cemetery, and church property.
No property owned by non-residents is exempt.
Jurisdiction .- Justices' courts have jurisdiction of the following cases, where the amount involved does not exceed $300:
Of an action arising on contract for the recovery of money only; of an action for damages for injury to the person or for taking or detaining personal property, or for injuring real or personal property; of an action for a fine, penalty, or forfeiture; of an action upon a surety, bond, or undertak- ing; of an action to recover the possession of personal property, and of suits for the collection of taxes.
Of an action upon a bond conditioned for the payment of money of any sum less than $300, though the penalty exceed that sum; the judgment to be given for the sum actually due. When the payments are made by install- ments an action may be brought for each instal mant as it becomes due.
. Of actions for the possession of lands and tenements when the relation of landlord and tenant exists.
Probate courts are courts of record, and have original jurisdiction in all matters relating to the settlement of the estates of decedents; in matters of guardianship; and in granting divorces and alimony.
District courts are courts of record, and have exclusive original juris- diction in proceedings quo warranto, mandamus, and in all suits or pro- ceeding in chancery; and in all actions at law. In all controversies where the title, possession, or boundaries of land, or mines, or mining claims shall be in dispute, whatever their value, except in actions for forcible entry, or forcible or unlawful detainer ; in suits for divorce and of habeas corpus.
The Supreme Court has jurisdiction in all cases of appeal and proceed- ings in error from the district courts.
Liens .- Any person who shall, under contract from the owner, or his agent, of any building or other improvement, perform any labor upon or furnish any material for the construction or repairing of such building or improvement, shall have a lien upon such building or improvement, and the
277
UTAH GAZETTEER.
right of possession of the ground upon which the same is situated, with right of way to and from the same.
Any sub-contractor, journeyman, or laborer employed in the construc- tion or repairing of any building or other improvement, or in furnishing any material for the same, may give the owner notice in writing, setting forth the amount of his claim and the service rendered for which his employer is indebted to him, and that he holds the owner responsible for the same, whereupon the owner of the building or other improvement shall be liable for the claim if indebted to the employer for the amount; if not, then for the amount due from him to the said employer at the same time said notice was served.
All common carriers have a lien upon any goods, wares, merchandise, or other property in their possession as such carriers for freight or transpor- tation thereof, including back charges paid by such carriers to connecting lines. Any goods, wares, merchandise, or other property remaining in the possession of common carriers for six months may be sold at public auction to defray charges on the same on giving proper notice of sale.
All baggage, goods, and effects of every person boarding or lodging at a hotel, inn, or boarding house shall be subject to the lien of such hotel, inn, or boarding house keeper for all such sums as shall at any time be due to the keeper for board or lodging from the owner on such baggage. Sales of such effects must be at public auction.
Limitations .- Actions to enforce mechanics' or laborers' lien must be brought within one year from the completion of work such mechanic or laborer was employed on.
Actions for the recovery of real property, or the possession thereof, must be commenced within seven years from the date of losing such real property, or the possession thereof.
Actions upon a judgment or decree of any court of record must be brought within five years.
Actions upon any contract, obligation, or liability, founded on a written instrument, must be brought within four years.
Actions for trespass upon real property, for taking, detaining, or injuring any goods or chattels, and for the recovery of personal property, must be brought within three years.
Actions upon a contract, obligation or liability, not founded on an instrument of writing, on open account for goods or merchandise, must be brought within two years. Such accounts being barred item by item. In actions brought to recover a balance due upon a mutual open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
25
UTAH-EDUCATIONAL.
The District School system is the popular method of education in Utah. There is no marked difference between it and the systems in vogue else- where, save that a State or Territorial tax is imposed. A given number of sections of the public lands in the United States is secured for the benefit of common schools, or in support of the popular method in vogue in each State. These lands, while they are set apart all over the country, are only available in States, and thus it is that, where assistance is most needed in the matter of education, as in Territories, assistance is unavailable; while a State, which has reached a degree of independence, influence and wealth, the help that was before needed only comes to hand when it is less necessary. These lands, which exist in Utah as elsewhere, are either rented or sold, and the rental or interest on the money is used to forward the common educational system In Utah, such aid being out of the question, the Territory is forced to step in and render what assistance it can. Notwithstanding such a condition-peculiar, however, to all Territories-educational work has always been urged forward in Utah, and the showing, a just comparison being made, is an enviable one. Mission work by denominational churches has been done, as will be seen by what follows. The result is a healthy educational showing throughout the Territory, and the interest is growing rapidly with each recurring year.
BRIGHAM YOUNG ACADEMY.
On the 16th day of Ootober, 1875, President Brigham Young deeded buildings and grounds situated in Provo City to a Board of Trustees, to be used for the establishment of a Latter-day Saints' institution of learning. In pursuance to a resolution adopted at the first meeting of the Trustees- that the provisions of the deed should at once be carried out-the first ses- sion of the Brigham Young Academy began in January, 1876, with Professor W. N. Dusenberry as Principal. In April, of the same year, Professor Karl G. Maeser assumed permanently the position of Principal, though both this term and the preceding, are regarded as strictly preparatory, and the Academic period is considered as beginning August, 1876. From the date last named till the present, the institution has held its constant stated sessions; and during this time the accommodations and facilities have been greatly augmented to meet the demands made by the ever-increasing attendance; there being, during the Academy year last past, students enrolled from every county of the Territory, as well as from Idaho, Ari- zona, Nevada and New Mexico. At first the institution included all grades of the ordinary school courses, as well as the Academic and Normal depart- ments; but necessity has since compelled the lower departments to be dis- continued. At present there are comprised, Preparatory Department, (Fourth Reader grade), Intermediate Department, (Fifth Reader grade), Academic Department, Commercial Department, Normal Department; and in addition to these regular grades, a Musical Department, and a Ladies' Work Depart- ment. Efforts have been continually made to realize the wishes and intentions of the donor-that facilities should be offered for training in the mechanical art as well as in strictly scholastic directions-but as yet no definite steps have
279
UTAH GAZETTEER.
been taken in that direction. The exercises of the Academy were con- ducted from the time of its foundation till January 27, 1884, on the premises of the original endowment; but on the day last named all the buildings were totally destroyed by fire, together with a large portion of the furniture and other movable property of the institution. Classes were conducted in private buildings till the close of the summer. At present, a commodious building is being rapidly fitted up for the ensuing Academic year, to answer temporarily. Plans are out and a splendid building is to be erected for the Academy on a new site, which is to be paid for by the subscriptions of the people.
The organization of the original Board of Trustees is given below. In it no changes have occurred except those wrought by the hand of death, which has removed three: A. O. Smoot, President; Wilson H. Dusenberry. Harvey H. Cluff, Myron Tanner. William Bringhurst, Leonard E. Har- rington and Mrs. M. J. Coray, deceased.
The Faculty at present is as follows: Karl G. Maeser, principal; Normal Department and Theology, James E. Talmage; Scientific Course and Phonography, Benjamin Cluff, Jr .; Commercial Department and Mathe- matics, Nels L. Nelson; Academic Department and Languages, Joseph B. Keeler; Intermediate Department, Willard. Done; Preparatory Department, Ferdinand Lara; Spanish and Drawing, Zina Y. Williams. The Ladies' Department has not been filled for the ensuing year. The Musical Depart- ment is, as yet, unfilled. The excellent system enforced at this academy : the reasonable tuition fee asked ; the cheap living and the many advantages offered by Provo for such an institution, have won for the Provo B. Y. Academy an enviable reputation, such as insures long life and the power to do much good-the conditions at present operating, remaining in force hereafter, as they assuredly will.
NEW WEST EDUCATIONAL COMMISSION.
This Educational Commission has schools not only in Utah, but also in Idaho, Colorado, New Mexico and Arizona. In Utah it has under its super- vision and control, more or less, academies at Salt Lake City, Ogden, Park City and Lehi. Tributary to and feeders for these academies are schools at the following places:
Provo, Utah County-Teacher, Miss E. M. Clapp.
Sandy, Salt Lake County-Teacher, Miss Gertrude Sampson.
Bingham, Salt Lake County-Teacher, Miss E. S. Robinson.
Stockton, Tooele County-Teacher, Miss E. J. Colby.
Burlington School, Salt Lake City-Teacher, Mrs. H. M. Scruton.
Plymouth School, Salt Lake City-Teacher, Miss Anna Baker. Pilgrim School, Salt Lake City-Teacher, Miss M. M. Winslow. Bountiful, Davis County-Teacher, Miss Jennie Claflin.
Centreville, Davis County-Teacher, Miss Carrie Peebles.
Farmington, Davis County-Teacher, Miss S. J. Leester.
Hooper, Weber County-Teachers, Miss H. M. Loomis and Abbey E. Parks.
Lynne, Weber County-Teacher, Miss Stella F. Hutchins.
Trenton, Cache County-Teacher, Miss Carrie W. Hunt. Oxford, Idaho-Teacher, Miss Virginia Dox.
South Weber, Weber County-Teacher, Miss M. D. Shute. Morgan, Morgan County-Teacher, Miss S. C. Hervey. Hennefer, Summit County-Teacher, Miss Anna Ruel. Echo, Summit County-Teacher, Grace A. T. Wilson. Coalville, Summit County-Teacher, Miss Rhoda O. Beard.
Hoytsville-Teacher, Miss Abby J. Benedict.
Wanship, Summit County-Teacher, Miss Clara Lancaster.
280
UTAH GAZETTEER.
Oak Creek-Teacher, Miss Vesta Bridges.
Heber, Wasatch County-Teacher, Miss A. L. Steele.
Midway, Wasatch County-Teacher, Miss E. R. Abbott.
During the academic year just closed, the Ogden Academy was under charge of Professor H. W. Rung, with Mrs. V. W. Ludden as assistant.
Park City Academy under Professor D. W. Bartlett and Miss Alice Bridges.
Lehi Academy under Miss A. M. Warren, assisted by Mrs. L. P. Ross and Miss Adelaide Cooley.
The Commission has during the year had under its teachers about 2,000 pupils. Part of its schools are free and in part tuition is required.
Mr. Isaac Huse is agent for Utah of the Commission, whose labors are associated with the missionary work of the Congregational Church in Utah.
ROWLAND HALL.
"Rowland Hall, a Home School for Girls," is operated as a school by the Methodist Episcopal Church. It is situated in the Eighteenth Ward of Salt Lake City in a large building, and is a boarding school for girls. The situation is a very desirable one in every respect. The design of the school is for the convenience of those who desire to give their daughters a finished education without sending them to the East; and it is claimed that Rowland Hall has been established with advantages equal to those of schools of the same character in the States. The school was commenced in 1880 and has been very successful; students coming from States and Territories adjoining Utah. Rt. Rev. D. S. Tuttle, S. T. D., is Rector; Rev. G. D. B. Miller, A. M., Head Master; Miss Lucia M. Marsh, principal; Miss Isabella E. Douglas, natural science and history; Miss Julia E. Blakelee, mathematics; Miss C. E. Hayden, principal preparatory and primary department; Professor T. Radcliffe, Miss Abby S. Marsh, piano; Mrs. J. F. Hamilton, vocal culture; Madame Fitzgerald, French; Mrs. A. Meier, German; Miss Abby Marsh, drawing and painting.
SALT LAKE COLLEGIATE INSTITUTE.
This educational institution has been in operation several years and has grown very rapidly. It is an academy under the direction of the Presbyterian mission work in Utah. The Institute is a large two-story brick structure north of, and in close proximity to the Presbyterian Church. The school is thoroughly graded in four departments, and carries the course of study far enough to prepare young men for the best eastern colleges. Several of its students have graduated with high honor from the College of New Jersey, at Princeton. Steps are being taken to put the institution on a college basis. It has the following corps of instructors: John M. Coyner, Ph. D., Super- intendent and Professor of Mathematics; J. F. Millspaugh, A.M., Professor of German and Natural Science; William Boyle, A.M., Professor of Ancient Languages and Belles Lettres; Miss E. J. Kelly, Botany, Elocution and Music; Miss M. E. Moore, Grammar Department; Mrs. S. A. Dall, Inter- mediate Department; Mrs. M. W. Coyner, Primary Department. There have been 245 pupils in attendance during the year 1883-4. The Board is preparing to open a large Kindergarten department in September. Miss Sadie Reed and Mrs. William Boyle have charge of the West Side school, in two departments, which has enrolled during the year over 100 pupils.
The Presbyterian denomination has schools in thirty-one other towns in the Territory, employing 47 teachers and educating about 1,900 pupils. making in all 56 teachers, 33 schools and about 2,200 pupils. Ic costs the denomination for this educational work over $25,000 a year more than it receives inside the Territory.
The names of teachers are as follows: American Fork, Misses Clara
28 1
UTAH GAZETTEER.
Pierce and Laura Simons; Box Elder, Miss Mary A. Dayton ; Cedar City, Miss Eliza Hartford: Ephraim, Miss S. C. Rea; Fillmore, Miss M. E. Campbell and Miss Knox; Gunnison, Miss Clara Sanford; Hyrum, Miss Carrie Nutting; Kaysville, Miss Ella McDonald; Logan, Mrs. C. M. Parks and Mrs. M. A. Shirley ; Manti, Misses Fannie Galbraith and Capitola Slade; Marysvale, Miss Maria Fishback; Millville, Miss Nannie J. Hall ; Monroe, Miss Carrie C. Decker; Moroni, Miss Sadie L. Brown; Mount Pleasant, Miss Mary Crowell and Miss Lottie E. Leonard ; Nephi, Miss Lucie L. Lockwood; Ogden, Misses Vaughn and Flora Campbell; Parowan, Misses L. J. Morton and Josie Curtis ; Payson, Misses Florence C. Morse and Anna L. Burlin ; Pleasant Grove, Misses Laura B. Work and Lulu Ivie ; Richfield, Miss Julia A. Olmstead ; Richmond, Miss Jennie McGintie : Salt Lake, Prof. J. M. Coyner, Prof. J. F. Millspaugh, Prof. William Boyle, Misses E. J. Kelley and M. E. Moore, Mrs. John Dull, Mrs. M. W. Coyner, Miss Sadie Reed and Mrs. William Boyle; Scipio, Miss Maggie A. Ramsay ; Smithfield, Miss Woodruff; Spanish Fork, Miss Lucy B. Perley; Springville, Misses Eugenie Manger and Tillie Wray; St. George, Mrs. A. E. Blackburn; Toquerville, Miss Fannie Burke; Washington, Mrs. A. S. Mitchell; Wells- ville, Miss Kate Best.
SALT LAKE ACADEMY.
While the Salt Lake Academy is identified in large measure with the work of the New West Educational Commission, it has a history outside the work of that organization. The Board of Trustees to found the Salt Lake Academy was organized in 1873, the idea being that an educational institu- tion would facilitate the work of the Congregational Church in Utah. Three rooms were added to Independence Hall-then and still used as the Congre- gational Church-at a cost of $1,500. The academy opened September 9th, of 1878, as an adjunct or feeder of the Colorado College, with Professor E. Benner as principal, and John D. S. Riggs and Miss Fanny C. Adams as assistants. The academy soon had an attendance of 1, 800. In the year following, 1879, some of the scholars now included in the list under the work of the New West Educational Commission were as an outgrowth of the academy. In the second year R. M. Barrows and Miss Alice M. Keith were Mr. Benner's assistants. In the third year Marcus E. Jones became teacher of botany in the academy. The institution grew with increasing rapidity, and the old accommodations were found to be inadequate. The Board of Trustees, in 1881, purchased a suitable spot of ground on the corner of Third South and Third East Streets, and the Hammond Hall was erected thereon. In September of 1883 the Salt Lake Academy began operations in its new building, with Professor E. Benner as principal, and Professor C. E. Allen,. Miss Mina L. Van Voorhis, Mrs. Kate M. Ashley, Miss Minnie Emerson and Miss Lizzie Almy as assistants. By December of this year the enrollment numbered 240. The course of the institution is academic.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.