Show AN ACT C To amend title XX Compiled lIawsof Utah Be it enacted by the Governor and Legislative Assembly of the Territory of Utah That section 1226 of the Compiled Laws of Utah is hereby amended by adding thereto the following And all courts possessing 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of common com-mon law in reference to the same matter the rules of equity shall prevail SEC 2Section 1234 is hereby repealed re-pealed and the following enacted in lieu thereof When an infant or insane in-sane or incompetent person is a party he must appear either by his general guardian or by a guardian ad litem appointed by the court or by a ju Jge thereof in which the action is pending in each case A guardian ad Idem 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 represent repre-sent the intant insane or incompetent incom-petent person in the action or proceeding pro-ceeding notwithstanding he may have general guardian aud may have appeared by him SEC 3Section 1235 is hereby amended by adding thereto the following Third When an insane or inrnmnetfint DerSOD IS party to an action or proceeding upon the application of a relative or friend or each insane or incompetent person or of any other party to the action or proceeding SEC 4Seetiou 1236 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 Jthough the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction or afterward after-ward and there be no loss of service ser-vice provided that an unmarried female may prosecute as plaintiff in an action for her own seduction and may recover therein such damages dam-ages pecuniary or exemplary as are assessed in her favor SEC 5Section 1238 is hereby amended by adding thereto the following And in an action to determine de-termine the title or right of possession 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 GSection 1248 is hereby amended by adding thereto the following And if the action be brought against two or more defendants de-fendants 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 I 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 summons sum-mons in the same form as the original orig-inal and such alias summons shall have the same force and effect as the original SEC 7Section 1255 is hereby amended by striking out the words shall 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 verified complaint on file SEO S Section 1258 is hereby amended by adding thereto the following Fourth when served by I a citizen of the United States over 21 years of age the affidavit of such citizen SEC 9All that portion of sec tion 1267 from and after the word time in line four of said section is hereby repealed SEC 10Section 1268 is hereby amended by inserting after the word amendments and before the word shall in line four of said section the following or amended complaint SEC 11 Section 1271 is hereby amended by inserting after the word belief and before the word if in line five of said section the following If the defendant has no information or belief upon the subject sub-ject sufficient to enable him to answer an allegation of the complaint com-plaint he may so state in his I Answer and place his denial on that ground SEC 12Section 1274 is hereby amended by adding thereto the following Whenever the defendant defend-ant seeks affirmative relief against any party relating or depending Upon the contract or transaction upon which action is brought or affecting the property to which the action relates he may in addition to his answer file at the same time or by premission of the court subsequently subse-quently a crosscomplaint The crosscomplaint must be served upon the parties affected thereby or their attorney who has appeared in I the action and such parties may demur or answer thereto as to an original complaint SEC 13Section 1279 is hereby amended by adding thereto the following And serve a copy thereof on the defendant or his attorney SEC 14 Section 1284 is hereby amended by striking out the word hor and the Words C0f especial jurisdiction in line two of said section and insert after the word officer in said line two the following follow-ing Or board SEC 15Section 1291 is hereby amended by inserting after the c fcfcr word and and before the word served inline eleven of said section sec-tion following Copie thereof SEC KT Section 1292 is hereby amended by inserting fter the word costs in line eleven the words of demurer SEa 17 Section 129S is hereby amended by inserting after the word proper and before the word amend in line two of said section the following Allow a party to SEO IS Section 1352 is hereby amended by striking out the word twentysix in line five and and inserting in lieu threof the word twentyfive It is hereby further amended by striking out subdivision subdivis-ion first of said section and the following is hereby enacted in lieu thereof First real property standing stand-ing upon the records of tho county in the name of the defendant must attached by filing with the recorder re-corder of the connty a copy of the writ together with a description ot the property attached and a notice that it is attached and by leaving a similar copy ot the writ description and notice with an occupant of the property if there ii one if not then I by posting the same in a conspicuous the attached ous place on property I Any other real property or any interest in-terest therein belonging to the deI lendaat and held by any other I person or standing on the records ot the county in the name of any I other person must be attached by filing with tI 3 recorder of the I county a copy t f the writ together with a description of the property and a notice that such real property j i and any interest of the defendant therein held by or standing In the j i I name of such otherfperson naming him are attached and by leaving with the occupant if any and with such other person or his agent if known and within the county or at the residence of either if within the county a copy of the writ with a similar description and notice If there is no occupant of the property a copy of the writ together with such description and notice must be peostd in a conspicuous place upon the property The recorder I must index such attachment when I filed in the names both of the defendant de-fendant and of the person by whom the property is held or in whose name it stands on the records 1 i SEC 19Section 1365 is hereby repealed re-pealed and the following enacted in lieu theieof 1365 section 140 i The defendant may also at anytime any-time either before or after the release i re-lease of the attached property or I before any attachment shall have I been actually levied upon reasonable reason-able notice to the plaintiff apply to the court in which the action isI I broughtor to a judge thereof for the discharge of the writ of attachment attach-ment on the ground that the same was improperly issued I SEC 20Section 1368 is hereby amended by adding thereto the following And whenever an order has been made discharging or releasing re-leasing an attachment upon real property a certified copy of such order may be filed in the office of the county recorder in which the i t notices of attachment have been j j filedand be indexed inthe same man nero nerSEC 21Section 1370 is hereby amended by adding thereto the following Fourth in an action by a mortgagee or his assignee for the foreclosure of his mortgage and sale of the mortgaged property where it appears 8 1 that the mortgaged property is indanger of being lost removed or materially injured or that the condition of the mortgage has not been performed and that the property is probably insufficient to discharge the mortgage debt SEC 22Section 1375 is hereby amended by inserting after the word made and before the word if inline in-line five thereof the following words or affirmative relief sought by the cross complaint or answer of defendant I SEC 23Section J400 is hereby amended by adding thereto the 1 following In an action for the recovery of money only or specific real property the jury in their discretion dis-cretion may render a general or special verdict In all other cases the court may direct the jury to J j find a special verdict in writing I upon all or any of the issues and in all cases may instruct them if jj they render a general verdict to find upon particular questions of I fact to be stated in writing and may direct a written finding I thereon The special verdict or finding must be filed with the clerk and entered upon the minutes Where a special finding of facts is inconsistentjwiththe general verdict the former cQntrols the latter and the court must give judgment accordingly ac-cordingly SEC 24 Section 1405 is hereby amended by adding thereto the following fol-lowing Findings of fact may be waived by the several parties to an issue of fact first by failing to appear at the trial second by con sent in writing tiled with theclerk third by oral consent in open court entered in the minutes SEC 25Section 1423 is hereby amended by adding to subdivision first thereof the following And when service has been made by publication pub-lication of the summonsthe affidavit and the orders upon which the publication pub-lication was made together with the affidavit of proof of such publication publi-cation SEC 26 Section 1434 is hereby amended by striking out the word three in line two thereof and substituting sub-stituting therefor the word five SEC 27 Section 1471 is hereby repealed and the following is enacted in lieu thereof 1471 246 There can be but one action for the recovery recov-ery of any debt or the enforcement of any right secured by mortgage upon real estate or personal property prop-erty which action must be in accordance ac-cordance with the provisions of this chapter In such action the court I may byjts judgment direct a sale of the iucumbered property or so much thereof as may be necessary and the application of the proceeds of the sale to1 the payment of tfie costs of the c urt and expenses 6f the sale and the amount due to the plaintiff and if it appear from the return of the officer making the sale that the proceeds are insufficient insuffic-ient and a balance still remairieuj due judgment can then be docketW for such balance against the deferitP ant or defendants personally Jwble for the debt and ic becomes a lien on the leal estate ofsu h judgment I debtor asm other cases on whiCli I I execution may be issued No person holding a conveyance from or under the mortgagor of the property mortgaged mortg-aged or having a lien thereon which conveyance or lien does not appear of record in the proper office at the time of the commencement of the action need be made paufcjf to such action and the judgment I thsrein rendered and the probe dings i d-ings therein had are as conclusive against the party holding such unrecorded un-recorded conveyance orJUaii as if he had been made a piny to the action ac-tion SEC 2SSection 1553 is hereby1 amended by inserting after the word injunction aM befdre thessword and in line three of subdivision third of said secfiibn the following From an order dissolving refusing refus-ing to dissolve an attachment from an order granting or refusing to grant a change of the place of trial bFC 29Section 1603 is hereby repealed re-pealed SEC 30Section 1604 is herebyre pealed and the following is enacted I in lieu thereof 1604 section 379 < 14 husband 1 cannot be examined as a witness for or against his wife without her consent nor a wife for or against her husband without his consent nor can either during the marriage or afterward be without the consent of the other examined as to any communication made by one to the other during the marriage mar-riage but this exception does not apply to a civil action or proceeding proceed-ing by one against the other nor to f J a criminal action or proceeding for a crime committed by one against the other I SEC 31 Section 1621 is hereby amended by striking out in lines two and three thereof the following I For any other cause than a sentence I of felony and section 1623 is hereby amended by striking out in lines I two and three thereof the following And for a cause other than a sentence sen-tence for felony I SEC 32Section 16 J9 is repealed re-pealed and the following is hereby enacted in lieu thereof 1649 section sec-tion 434 any court in which an action is pending or a judge thereof may upon notice order either party to give to the other within a speci fied time an inspection and copy or permission to take a copy of entries ies of accounts in any book or of any document or paper in his possession pos-session or under his control contain ing evidence relating to the merits of the action or the defense therein If compliance with order be refused the court may exclude the entries Of flnpnnnts nf flio hnnl nr flio rrto wu 4 wvv ument or paper from being given in evidence or if wanted as evidence by the party applying may direct the jury to presume them to be such as he alleges them to be and i the court may also punish the party refusing for a contempt This section sec-tion is not to be construed to prevent pre-vent a party from compelling another an-other to produce books papers or documents when he is examined asa as-a witness SEC 33Section 1698 is hereby I amended by striking out the word I one in lines seven and ten of said section and inserting in lieu thereof in each place the word three Said section is hereby further amended by adding thereto the following I Fifth in an action which involves the title or possession of real estate or the legality of any taxim postas J sessment toll or municipal fine SEC 34Section 1709 is hereby repealed I re-pealed and the following is enacted in lieu thereof 1709 Section 484 I TJaeparty whose favor judgment is I rendered and who claims his costs must deliver to the clerk and serve i upon the adverse party within five days after the verdict or notice of the decision of the court or referee or if the entry of the judgment on the verdict or decision be stayed then before such entry is made a memorandum of the items of his costs and necessary disbursements in the action or proceeding which memorandum must be verified by the oath of the party or his attorney or agent or by the clerk of his at torney stating that to the best of his knowledgeand belief the items are correct and that the disbursements have been necessarily incurred in the action or proceeding A arty dissatisfied with the costs cla1fri may within five days after hotiCel of filing the rbill of costs fflei motion mo-tion to have the same > taxed Syr thEi nnnrfc in wVnnh flio TurTrrtYiar r ci w oJ ° u u uo rendered or by the judge thereof at chambers ApproYed March 9th 1S2 ELI Bf MURRAY Governor of the territory |