The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-19


! Representative Bennion is the author
or the measure. 1t makes it unlawful
Tor any person to manufacture for sale
or knowingly offer for sale, or have in
/ his possession with intent to sell, any
vinegar found upon the proper test to
contain any preparation of lead. cop
per, sulphuric acid or other ingredients
| injurious to health. No person shall
sell, or have in his possession with in
tent to SELL any adulterated vinegar,
nor label, brand or sell as cider vinegar
or apple vinegar, any vinegar not the
legitimate produce of pure apple juice,
or not made exclusively from apple
cider. All manufacturers are required
to mark upon each barrel or package
the standard strength of the contents.
NEW ASSIGNMENT LAW.
All persons intending to become
bankrupt and all creditors of such per-
sons Will find many things of interest
in the act providing for assignments
for the benefit of creditors. This is a
house measure, introduced by Shep-
ard, and is said to be legislation that
was greatly needed. 1t provides that
in all assignments for the benefit of
creditors, debts due for wages or per-
sonal services of servants or employees
Of the assignee for services or labor
rendered within one year previous to
the assignment are preferred claims
and shall be paid in full in all cases
where there is sufficient property
therefor
Joint or joint and several debtors
can prefer their joint creditors only
out of joint property, and can prefer
the individual creditors of each only
out Of the separate property of each.
An assignment is void against any
creditor of the assignee not asserting
thereto in the following cases:
l. If it gives a preference depending
upon any condition or contingency, or
with any power of revocation reserved.
2. If it tend to coerce any creditor
to release or compromise his demand.
8. If it provide for the payment of
any claim known by the assgnor to
be false or fraudulent, or for the pay
ment of more upon any claim than is
known to be justly due from the as
signor.
4. IF it reverse any interest in the as
signed property, or in any part there
of, to the assignor, or for his benefit,
before all his existing debts are paid.
5. If it confer upon the assignee any
power which, if exercised, might pre-
vent or delay the immediate conversion
of the assigned property to the pur-
poses of the trust; provided, that the
assignment may provide reasonable
terms and manner of sale to be carried
out only so far as practicable, and not
prejudicial 10 the interests of the eS-
tate, in the discretion of the courts.
Every assignment shall in a general
way describe the property assigned
and shall be executed, acknowledged
and recorded in the Office of the county
recorder. The assignor shall annex an
inventory, under oath, of his estate,
real and personal, and list of his
creditors, and the amount of their re-
spectiYe demands. AS soon as the in
strument is recorded it shall be filed
with the clerk of the district court.
The assignee shall file with the clerk
of the district court a full inventory of
the estate, and shall enter into bonds
to the state, for the use of the credit
orS, in double the amount of the in
ventory and valuation.
The assignee shall give notice of such
assignment by publication at least once
a week for six weeks. The claims of
all creditors shall be filed with the as
signee within three months from the
date of the first publication, but the
court may extend the time for such
filing. At the expiration of the three
months the assignee shall file with the
clerk of the court a full list of the
creditors, with a statement of their
claims. Any person interested may APP
pear within one month and contest
The court shall, from time to time, or
der the assignee to make fair and equal
dividends among the creditors, of the as
sets in his hands. according to the prefer
ences or classes named in the assignment,
and as soon as possible render a final ac-
count to the court.
The assignee shall at all times be SUBJ
iect to the order and supervision of the
court or judge and from time to time,
may be compelled to file reports of his
proceedings. And he shall dispose of all
personal property and divide the proceeds
among the creditors within six months
from the date of assignment, and shall
dispose of real estate within one year of
such date. and make full settlement by
that time, unless the time shall be EXTEND
ed by the court.
No sale of real estate made by the as
signee shall be valid unless approved by
the court.
jority of the creditors, in amount, the
court shall remove the assignee and APP
point in his stead a person approved by
the creditors in the same number. In
case of the death or failure to act of the
assignee, the court shall, on the applica-
ton of any person interested appoint
some person to execute the trust. If it
IS shown to the court at any time that
the assignee is guilty of wasting or mis-
applying the trust fund. he may be re-
moved and a successor appointed.
IN the absence Of any provision in the
assignment to the contrary, an assignee
is entitled to the same commissions as
are allowed by law to executors and adj
illustrators as compensation in full for
all services.
Any Judge of the district court shall
have power in vacation to issue citations
and attachments, remove assignees. order
the sale of personal or real property, ap-
prove sales or deeds thereof, direct the
making of dividends, allow compensation
to the assignee and to counsel employed
By them, and do any and ali other acts
provided for in the act.
FISH AND GAME LAW.
The state has been given an entirely
new fish and game law, the general pro-
visions of which seem TO meet the ap-
prevail of the many people who took an
active interest in this legislation. The
measure originated in the senate, and was
made up from several bills presented in
both houses.
The office of state game warden, at a
salary of $500 per year, is continued. The
duties of the warden are generally as pro-
Vided and defined by the old law. He is
given power to appoint special deputies,
without pay, to assist in the enforcement
of the law.
At their first session after the passage
of the act the county commissioners of
each county in the state shall appoint a
county fish and game warden, VINO shall
services and shall perform his duties I'M
der the direction of the state warden and
the commissioners. He may be removed
by the state warden, with the consent of
the commissioners 1t is the duty of the
county warden to see that all the fish
and game laws are enforced and he is
given the same authority exercised by
sheriffs and constables.
The owners of dams are required to
provide fish ways when instructed so TO
do by the game warden, and owners of
factories and mills must provide screens |
for mill races.