| Show industrial SCHOOL SITE At general bishop his arne 15 bitted to the trustees of the ba bbate bito inz du dustral school boquoi the following opinion touching touch iniz inz the abe purchase of a 4 new RIIA for that to the honorable board of trustees of the state industrial school ogden utah Gentle gentlemen mew I 1 have before me your favor of the instant in which vou submit the following and ask to be you ad thereon the board of trustees 0 ot the S ate industrial school are about to t 11 purchase purchase Kur chase certain real estate for a site etc Z for r the said institution and the following fol lowin question is asked for your advice to whom should the property be deeded section 6 page of the laws of 1896 relating to the sate industrial school provides that the board shall else elect t one of their number treasurer and under the direction of the state slate board he shall I 1 b be the custodian of all of the funds belo belone nW ing to the said school whether arising from an appropriation made by the leia lature and drawn from the state treasury or from whatever source aud shall execute to the state a bond with two or more cleng sureties in the penal sum num of conditioned that he shall faith fully account for all money and property proper tv that may come into his hand by virtue vinne of his office all fiscal transactions and deal ings on account of said school shall be conducted by and in the name of the treasurer thereof who shall be capable in law of suing and being sued in all matters concerning said school by his bis name of office and by bv that name he is authorized to sue one for and recover all sums of money or any property due from any person to the state slate on account of any business pertaining to the said school upon the interpretation or construction of this statute depends the answer to your inquiry all fiscal transactions and dealings are words used by the legislature would the taking of title to property purchased by the institution come within this provision I 1 am inclined to think it would this conclusion is strengthened somewhat by the clause which follows further on which empowers the treasurer W to LO sue for and recover all sums of money or any property due from any person to th the state eState if suit should be instituted for the recovery of certain property and a decree was wall rendered thereon the title would necessarily be vested in the treasurer of the said school for the use uee and benefit thereof such suit under the pro R of this statute would be conduct ad d by and in the name of the treasurer sh thear toof t st as la in provided in one clause or b ata name of office in another clause e section I 1 an m as of opinion that the title might be in either of two waya to wit first OW brohn T rich treasurer of the state 11 talal school and his hia successors in 79 or second d to the treasurer of school bethre it jE there thre is any difference I 1 am inclined to think it is would be in favor of the latt latter or eveald therefore suggest that the latter bd ILI as a proper toper style of name in baeb all fiscar fiscal transactions shall be which would include the tak lowet title to real estate purchased ked by and as a proper title in of suits for the recovery ernei of money y or other property due from bmw per tt to the said baid institution ution I 1 wa the honor to be your obedient ser assa ac Bisi aop 1 l attorney general |
