The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-05

owing, shall be and remain in full
! force as against him or them alone,
I the same as if such joint contract or
Judgment had been made or rendered
against him or them alone; provided
I that if the amount paid by the person
released in any case to procure his re-
I lease shall exceed the proportion of
such joint debt which he, as between
himself and co-debtor or creditors,
] ought to pay, then such joint debt shall
! thereby be satisfied to the extent of
! the sum actually paid to procure Such
release; and provided also, that If the
! person released is only surety, MS
release shall operate as payment Of
such joint debt to the extent Of the
money actually paid by him to procure
his release, and no further.
Sec. 2. The provisions of the preced-
/ ing section shall not so apply to JOINT
! debts owing by one or more person CT
| persons as principal, and another or
others as surety or sureties as to per
nit the principal debtor or debtors to
be released without the discharge OF
his or their surety or suretles.
AGAIN POSTPONED.
Under the rules house bill 6, for an
act fixing the age of consent, was next
in order Senator Allison asked, on
behalf of Senator Warner, who was alb
sent, IndL the Dlll 80 ONCA - -
Senator Warner is of the opinion that
the bill is unconstitutional and wants
to be heard. The request was granted.
BILL PASSED.
Senate bill SO, for an act amending
sections 3160 and 3165, laws Of 1888, was
then read third time and passed.
This bill reads:
Section t.-Section $3.50, of the COM
piled laws of Utah, 1883, is amended
to read as follows:
If any action be commenced within
the time prescribed by law, and judg-
/ ment thereon for the plaintiff be re-
versed. or if the plaintiff fail in such
action otherwise than upon the merits,
and the time limited for the same shall
have expired. the plaintiff, or If he
die and the cause of action survive,
his representatives, may commence a
new action within one year after the
| reversal or failure.
Sec 2.-Section 3165 of the compiled
laws of Utah, 1888, is amended to read
as follows:
/ In any case founded Oh contract,
when a part of the principal or inter
est shall have been paid, or an ack-
nowledgment of an existing liability,
debt or claim, or any promise to pay
/ the same shall have been made, an
4
within the period prescribed for the
same, after such payment, acknowledge
ment or promise; but such acknowl-
! edgment or promise must be in writ
/ ing, signed by the party to be charged
| thereby. When a right of action is
! barred by the provisions of any stat
4 ute, it shall be unavailable either as a
/ cause of action or ground Of defense
Sec 3.--SectionS 3160 and 1855 of the
la nf
/ repealed.
The bill was sent to the house.
ELECTIONS BILL.
Senate bill 10. for an act in relation
! to elections and crimes and offenses
/ against the elective franchise was
4 then taken up.
The bill as drawn provides for a
forfeiture of the office Senator Snow
moved to strike out the words "and
shall also forfeit his Office"
Candland moved to strike out the
provision that any failure to file a
/ statement of campaign expenses shall
/ be deemed misdemeanor
Miller and Allison opposed the latter
motion claiming it invalidated the act.
Candlands amendment failed to
( carry. Shows prevailed.
/ Candland then moved to strike out
all Of section 6, which provides for
! filing Of statements of expense by all
/ candidates and chairmen of commit
! tees.
Sutherland agreed with CandIand in
declaring the provision an unneces-
sary one.
Allison said he would be willing to
exempt precinct officers but city,
county and state officers should file.
/ The common practice is to buy whisky
/ for voters. Pass this bill and this
practice will cease. He was willing to
make it apply to state and county and
city officers in cities of the first and
4 second class.
Senator Mckay declared for the sec
! ton as it stood. The people in the
( country ought to know the law and
obey it the same as those in the cities.
The motion to strike out the section
! lost.
! On motion Of Senator Cannon the
punishment was fixed at not more than
I 81 600 fine or five years imprisonment
I in the state prison.
At this point Sutherland moved to
( recommit the measure to the commit
tee on elections which prevailed.
SECOND READING.
Senate bill No. 40, for an act defn-
/ ing fellow servants. was then read a
second time and action deferred until
( today.
FIRST READINGS.
Senate bill No. 30. for an act pro-
viding for the protection Of the wages
/ of laborers, employees and servants.
was then read first time Booth moved
! to recommit because the measure did
I not correct the evils in the old law
/ The speaker wanted to appear before
/ the committee and make some sugges-
4 tions in relation to this change.
The motion prevailed.
MECHANICS LIENS.
Senate bill No. AZ. for an act provid-
! ing for mechanics liens, etc, came ur
on an adverse report by the committee
on judiciary.
Senator Glen Miller objected to kill
ing the bill which had some good pro
visions in it. 1t was fathered by the
federated trades, and was copied from
the Nebraska law, which has been very
successful.
Senator Booth moved to recommit
because an amendment can be made tC
the existing law which will have al
/ the effects this law proposes.
The chairman of the judiciary com
| rnittee opposed the motion, saying il
an amendment to the law is required
it can be made in another bill. The
bill was finally rejected.
HOUSE BILL NO. ~.
House bill No. AZ. relating to the as.
! sessment of personal property, came
up on third reading. This bill provides
for listing personal property any time
after January 1, and real property or
~ l,ofor.a Mo T-o1