The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-26

To amend title Xxx, Compiled
Laws of Utah.

Be 1t enacted blythe Go0er71or and
LegisZatire Assembly of the TERRITORY
of Utah: That section 1926 of the
Compiled Laws of Utah is hereby
amended by adding thereto the
following: And all courts possess
ing chancery as well as common law
jurisdiction, may administer legal
and equitable rights, and apply legal
and equitable remedies, in favor of
either party, in one and the same
action, provided, that whenever
there is any variance between the
rules of equity and the rules of COM
mon law, in reference to the
same matter, the rules of equity
shall prevail.
SEC. 2-Section 1884 is hereby re-
pealed, and the following enacted in
lieu thereof: When an infant, or in
sane, or incompetent person is a
party, he must appear either by his
general guardian, or by a guardian
al Item appointed by the court or
by a Judge thereof, in which the
action is pending in each case. a
guardian al Item may be appointed
IN any case when it is deemed by
the court in which the action or
proceeding is prosecuted, or by a
Judge thereof, expedient to repre-
sent the infant, insane, or incOm-
petent person in the action or pro-
ceeding,. Notwithstanding he may
have a general guardian aud may
have appeared by him.
SEC. 3.-SectiOn 1885 is hereby
amended by adding thereto the
following: Third when an, insane
or incompetent person is party to
an action or proceeding, upon the
of a relative or friend
OF each insane or incompetent
person, or Of any other party to the
action or proceeding.
SEC. 4.-Section 1886 is hereby
amended by adding thereto the
following: And a father, or in case
of his death, or desertion Of his
family, the mother may prosecute,
as plaintiff, for the seduction Of the
daughter, and the guardian for the
seduction of the ward, Though the
daughter or ward be not living with
or in the service of the plaintiff at
the time of the seduction, or after
ward, and there be no loss Of ser
vice: provided, that an unmarried
female may prosecute, as plaintiff,
in an action for her own seduction,
and may recover therein such dam
ages pecuniary or exemplary, as are
assessed in her favor.
SEC. 5.-Section 1888 is hereby
amended by adding thereto the
following: And in an action to de-
termine the title or right of possess
ion to real property which, at the
time of the commencement Of the
action, is in the possession of a
tenant, the landlord may be joined
as a party defendant.
SEC. e.-Section 124S is hereby
amended by adding thereto the
following: And if the action be
brought against two or more de-
PENDANTS, who reside IN different
judicial districts or in different
counties, within the same, or other
judicial districts in this territory,
the plaintiff may have a summons
issued for each of such counties or
for each of such districts, as he
shall demand, at the same time. If
a summons is returned without
being served on any or all Of the
defendants, or if it has been lost,
the clerk upon demand of the
plaintiff, may issue an alias sum-
mons, in the same form as the orig
inal, and such alias summons shall
have the same force and effect as the
SEC. 7.-Section 1856 is hereby
by striking out the words,
fshall in like" in line eight, and the |
words, manner appear" in line |
nine of said section, and inserting
in lieu thereof the following: "Also
appears by such affidavit, or by the
complaint on file"
SEQ. 8.-Section 1858 is hereby |
amended by adding thereto the
Fourth, when served by
4 citizen of the United States over
Il years of age, the affidavit of such
citizen.
SEC. all that portion of sec
ion 1867, from and after the word
time" in line four of said section
s hereby repealed.
SEC. 1O.-Section 1868 is hereby
by inserting after the
word amendments" and before the
word SHALL" IN line four of said |
ection, the following; "Or amended
SEC. 11.-SectioR 1911 is hereby |
by inserting after the word
belief" and before the word eff"
q line five of said section, the
IF the defendant has no
or belief upon the sub
ect, sufficient to enable him to
nswer an allegation Of the COM
'laint, he may so state in his
nsWer, and place his denial on that
round.
SEC. 12.-Section 1874 is hereby
mended by adding thereto the
blowing: Whenever the defend
mt seeks affirmative relief against
ny party, relating to or depending
pom the contract or transaction
pom which action is brought, or
ffecting the property to which the
ctiOn relates, he may in addition to
is answer, file at the same time. or
y PERMISSION of the court, subse-
uently, a cross-complaint. The '
ross complaint must be served !