The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-01-25
LEGISLATIVE ASSEMBLY.
COUNCIL.
SIXTEENTH DAY.

| ~ wi SoAA aAAO pay q ny III
chaplain, the committee on print
ling, reported that they had printed
Isixty copies of the bill for an &C
licensing and regulating the sale Of
liquors.
The committee on judiciary re
Iported back H. F. 8, a bill providing
for the appointment of justices OF
the peace in cases of vacancy, anC
recommended its passage without
amendment. The bill being called
for, it was read the second time and
laid on the table to come up in its
order.
The committee OIL judiciary re-
ported back G.. f. S, bill amending
Sections 1902 and 1905, recommend
ling it adversely. The report was re-
ceived and the bill rejected.
The committee on judiciary re-
ported back c. F. 6, on chattel mort
cages. They had amended this bill,
and recommended its passage. The
bill was laid on the table 10 come
up in its order.
A petition from ninety-eight resi-
dents of Silver Reef, was presented
by Councillor E. Snow. 1t requested
the passage of an act incorpo-
rating Silver Reef as a city. The
petition was read and referred to
the committee on municipal inc0r-
poratiOns, wit h Instructions that ifIit
considered the petition faYOrably, to
draft an act for the purpose asked
for.
A bill for an act in relation to
mortgages of personal property was
presented by Councillor Game.
The bill describes the form IN
which a mortgage of personal pro-
perty must be made Every such
mOrtaga shall be void, as against the
creditors of the NOR gagor, suisse
Quent mortgages, purchasers, or in
cumbranceS in good faith, unless the
mortgage is accompanied with an
immediate delivery Of the property,
or an affidavit of all persons thereto
that the mortgagor has received in
property or money the actual con-
sideratiOn named in the mortgage.
1t must also be acknowledged in the
same manner as mortgages of real
property, and must be recorded in a
similar manner, upon which it shall
I've valid for two years from the date
Of its filing with the recorder. When
personal property is removed from
the county, it is exempted from the
operation Of the mortgage unless the
document be recorded in the county
to which the property has been re-
moved, or unless the mortgagor
takes possession within thirty DAYS
after such removal. If the mort
gagOr voluntarily removes the prop
erty without the consent of the
mortgage, the mortgage may take
possession and proceed to have the
property sold in the same manner
as in the foreclosure of mort
CAGES of real property, first adj
vertising the sale; but before it can
be sold the mortgage must demand
of the mOrtgagOr payment of the
debt After the sale the MORTGAGE
shall take out Of the proceeds the
amount of his costs and mortgage
and hand the balance over to the
or to a subsequent mort
gage if there is one. A mortgage
properly executed may be read in
evidence in any court. The mort
gagee cannot become the purchaser
unless by direct dealing with the
and all parties concerned. |
The bill was read and referred to
the committee on judiciary.
The bill providing for the appoint
ment of justices of the peace in
cases of vacancy was taken up on
its third reading. Councillor Thur
Der proposed an amendment to the |
clause in the bill repeating section |
of an act of 1878, providing for the
filing Of vacancies. Councillor Bar |
ton said that section being already
repealed. it was unnecessary to re-
peal it again. Councillor Wells said |
all that was necessary was to repeal
parts of acts which came in conflict |
with this, and that this method was
safer than to specify exactly what |
parts were repealed. Councillor |
Thurber wanted repeating clause |
w OCSlSIeilC CA1CIiS w IldO law VI /
section was repealed, so that there |
would be no dubiety about the mat
ter. 1t was finally amended by a |
substitute section; the bill was then |
read and passed as amended. 1t was
then sent to the House for concur
renee in the amendment.
A bill for an act to amend section
1880 of the Compiled Laws Of Utah |
was presented byCouncilOr Murdoch.
This bill requires the justice to give
the party, in whose favor the judg-
ment is rendered, an abstract of the
Judgment; giving form for go doing.
This abstract may be filed with the
clerk of the district court of the
district in which the county is
and any time thereafter
execution may issue to the sheriff |
Of any other county in the same
as upon judgments rendered !
in the higher courts, but all process
to be executed in the same county |
shall be issued by the justice. No |
Judgment given by justice shall
be a lien on any real estate OF theI
Judgment debtor unless an abstract !
Of the judgment be filed with the |