such principal contractor the court may also render judgment against such county, town, city, village or school district for the amount due from it to such principal contractor at the time of the commencement of such action or for a sufficient amount to pay the judgment recovered against the principal contractor, and payment thereof shall discharge its indebtedness to such principal contractor to the amount so paid; provided, that costs shall not be taxed against such county, town, city, village or school district. Such principal contractor may, in such action, file in the court in which such action is commenced a bond, in such sum and with such sureties as the judge of such court shall approve, conditioned for the payment of any judgment that may be recovered in such action, and thereupon the liability of such county, town, city, village or school district hereunder shall cease, and the action as to it shall be discontinued without costs to it. Sec. 2. This act shall take effect upon approval. CHAPTER 88. MAKING FALSE REPRESENTATION OF ASSETS. An Act in relation to the making of false representation in writing by a person, of his assets or financial responsibility for the purpose of obtaining credit thereon, and providing a penalty therefor. Be it enacted by the Legislature of the State of Utah: SECTION 1. Obtaining credit by false representation. If any person, by false representations in writing, of his own responsibility,wealth, assets or mercantile correspondence and connection shall obtain credit and thereby defraud any person or persons of money, goods. chattels, or any valuable thing; or if any person shall cause or procure others to report falsely of his honesty, wealth, assets, mercantile character or financial standing, and by thus imposing on any person or persons, obtain credit, and thereby fraudulently come into possession of goods, wares, merchandise or any valuable thing, he shall be deemed a swindler, and on conviction thereof shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be fined not to exceed one thousand dollars or imprisoned in the county jail not to exceed six months, or by both such fine and imprisonment. Approved this 9th day of March, 1905. CHAPTER 89. FORM OF PLEADING IN JUSTICES' COURTS. An Act amending section 3685, Revised Statutes of Utah, 1898, relating to the form of pleadings in justices' courts. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 3685, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 3685. Pleadings in Justices' Courts: "Chap 1. Are not required to be in a particular form; but must be such as to enable a person of common understanding to know what is intended. 2. May, except the complaint, be oral or in writing; and if a complaint it must be verified. 3. If in writing must be filed with the justice. 4. If oral, an entry of their substance must be made in the docket. Approved this 9th day of March, 1905. Jaws CHAPTER 90. RELATING TO PURCHASE, ETC., OF GOODS IN BULK. An Act to regulate the purchase, sale, transfer and encumbrance of a stock of goods, wares, or merchandise, in bulk, or of any portion of a stock of goods, wares and merchandise, otherwise than in the usual course of trade, and prescribing penalties for the violation thereof. Be it enacted by the Legislature of the State of Utah: SECTION 1. Purchaser of merchandise in bulk to obtain list of creditors of vendor. It shall be the duty of every person who shall bargain for or purchase any portion of a stock of merchandise, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller's business, or an entire stock of merchandise in bulk, for cash or on credit, before paying to the vendor or his agent or representative or delivering to the vendor or his agent or representative, any part of the purchase price thereof or any promissory note or evidence therefor, to demand of and receive from such vendor or agent, or if the vendor or agent be a corporation, then from the president, vice president, secretary, or managing agent of such corporation, a written statement, sworn to substantially as hereinafter provided, of the names and addresses of all the creditors of said vendor to whom said vendor may be indebted, together with the amount of the indebtedness due or owing or to become due or owing by said vendor, to each of said creditors and it shall be the duty of said vendor or agent, to furnish such statement which shall be verified by an oath to the following effect: State of Utah, Before me, personally appeared (vendor or agent as the case may be), who being by me first duly sworn upon his oath, did depose and say, that the foregoing statement contains the names of all the creditors of (name of vendor) together with their addresses and that the amount set opposite each of said respective names is the amount now due and owing and which shall become due and owing by (vendor) to such creditors, and that there are no creditors holding claims due or which shall become due for or on account of goods, wares or merchandise purchased upon credit or on account of money borrowed to carry on the business of which said goods are a part, other than as set forth in said statement and in this affidavit that are within the personal knowledge of affiant. Subscribed and sworn to before me this... A. D... . .day of........ Sec. 2. Sale void unless creditors notified. Whenever any person shall bargain for or purchase any portion of a stock of merchandise otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller's business or an entire stock of merchandise in bulk, for cash or on credit and shall pay any part of the price, or execute and deliver to the vendor thereof or to his order, or to any person for his use, any promissory note or other evidence of indebtedness, to give credit, whether or not evidenced by promissory note or other evidence of indebtedness, for said purchase price or any part thereof, without at least five days previously thereto having demanded and received from said vendor or from his agent the statement provided for in section 1 of this act and verified as there provided, and without notifying also at least five days previously thereto, personally or by registered mail, every creditor as shown upon said verified statement of said proposed sale or transfer, with the price thereof, the person to whom said sale or transfer is to be made, and the time and conditions of payment, and without paying or seeing to it that the purchase money of the said property is applied to the payment of bona fide claims of the creditors of the vendor as shown upon said verified statement, share and share alike, such sale, or transfer shall be fraudulent and void. Sec. 3. Penalty for false statement. Any vendor of any portion of a stock of merchandise otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller's business or an entire stock of merchandise in bulk, or any person who is acting for or on behalf of any such vendor who shall knowingly or wilfully make or deliver or cause to be made or delivered a statement as provided for in section 1 of this act, which shall not include the names of all the creditors of such vendor with the correct amount due and to become due to each of them or which shall contain any false or untrue statement, shall be deemed guilty of perjury and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than one, nor more than five years, or shall be fined in any sum not exceeding two thousand dollars, or both fine and imprisonment. Se.. 4. What is deemed sale under this act. Exception. Any sale or transfer of any portion of a stock of merchandise otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller's business or an entire stock of merchandise in bulk, or whenever an interest in or to the business or trade of the vendor is sold or conveyed or attempted to be sold or conveyed, such shall be deemed a sale and transfer in contemplation of this act; provided, however, that if such vendor produces and delivers a written waiver of the provisions of this act from at least a majority in number and amount of his creditors as shown by such verified statement, then and in that case, the provisions of this act shall not apply. Sec. 5. Certain sales excepted. Sellers, or vendors, and purchasers under this act shall include corporations, associations, copartnerships, and individuals, but nothing contained in this act shall apply to sales or transfers by executors, administrators, receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy or by any public officer under judicial processes. Approved this 9th day of March, 1905. CHAPTER 91. SALE OF RENOVATED BUTTER. An Act to prevent deception in the sale of renovated butter, and to license manufacturers and dealers in the same, and prescribing a penalty for the violation thereof. Be it enacted by the Legislature of the State of Utah: SECTION 1. Renovated butter to be branded. License for sale of. No person or persons, firms or corporations, by themselves or their agents or employee, shall sell, offer for sale or expose for sale or have in his or their possession for sale any renovated butter, unless the same shall have printed upon each and every package, roll, print, square, or any container of such renovated butter the words "renovated butter" in letters not less than one-half inch in height, or who shall not have secured from the State Food and Dairy Commissioner, now existing under the laws of this State, a license as provided hereinafter. Sec. 2. Renovated butter defined. The term renovated butter, as used in this act, is hereby defined to mean and include butter that has been reduced to a liquid state by melting, and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product thereof. Sec. 3. License. Term. Amount of. Any person or persons, firms or corporations, desiring to manufacture or deal in renovated butter shall make application to the State Food and Dairy Commissioner for a license, and upon payment of license fee of the amount mentioned herein, to the State Food and Dairy Commissioner, said State Food and Dairy Commissioner shall issue to the applicant a license. All such licenses shall expire December 31st of each year and may be issued in periods of one year or six months, upon payment of a proportionate part of the license fee. Manufacturers of renovated butter within this State shall pay an annual license fee of one thousand dollars; wholesale dealers shall pay an annual license fee of four hundred dollars; in such renovated butter retail dealers shall pay an annual license fee of fifty dollars; hotels, restaurants, boarding houses and all other places where meals are served and payment is received therefor, either immediately or by the day, week or month, where such renovated butter is used, shall pay an annual license fee of twenty-five dollars. The term wholesale dealers, as used herein, includes all persons, firms or corporations, who shall sell renovated butter in quantities of ten pounds or more. The term retailers includes all persons who sell in quantities of less than ten pounds. All licenses while in force shall be conspicuously displayed in the place of business of the party or parties to whom they have been issued. The State Food and Dairy Commis |