Show PROBATE COURTS AND corporations SOME people in their undue anxiety to appear upright get so straight that they lean over backwards TO the edmunds law number two provides SEC 12 that tha laws labib enacted by the legislative assembly of 0 the territory or of utah coy erring jurisdiction upon pon probate courts or olt the judges thereof or any of them in said territory other than in respect of the estates tates of decea deceased qed persons and in res hect of the of I 1 the persons dersons and property of infants and aad fa in respect of the persons and property of persons not dot of sound mind are tl hereby cereby disapproved and annulled a and no no probate court or judge of probate shall exercise ani any jurisdiction other than in respect or of the matters afore aforesaid except as a member of a 4 county court and ADO every s uh jurisdiction so by force of this act withdrawn from the said probate courts or judges boball be had and by the district court said territory lively in the incorporation laws of this territa territory tt it t is provided that when abis fia I 1 a corporation is organized for fok wining mining manufacturing commercial or other industrial pursuits or for other sped apeci tied purposes an agreement in writ writing ipg signed by each of the in corp orators shall be acknowledged by at least three of ther nu number be tore the probate judge of df th the con county ty in which avic ph the bil business siness is to be established lishego the agreement with abe 4 osta oah or a affirmation is to be filed with the u af pf probate abate clerk of 0 that county and b by 7 him ri recorded corded in a bok kept lor for the purpose ft before the officers of the corporation enter upon their duties they are to enter into bonds to the tae acceptance cep tance of the probate judie judge and the bonds are to be filed with the county clerk A certificate to the effect that these provision of the mhd law have been complied with is to b be issued by the probate clerk and in some cases this with a copy to oi the arti articled elet af agreement t an and the bath aab or a affirmation affirm atlen must be filed le with it the secretary of the territory arri t or who is 8 to lashe issue a certificate under t the e great elj sea of the territory j some so not having been fully pea so have jumped to the conclusion n that 91 the i probate judges are no longer a authorized u t 11 ot to perform the duties defined to in the incorporation laws and have rushed to the district court suppose ing that thereby they were complying the new law of s we believe that the results will snow show they have made a great mistake let us examine the question briefly but carefully the new law transfers all tion except in respect of the powers power named dadd from the probate courts 0 I 1 bablo etab to the district courts the question estion to be decided th then ea in relation to this i subject is what Is is meant by jurisdiction here is the definition given even by bouvier a recognized authority on au all legal terms A power constitutionally conferred upon a judge or magistrate to take cognizance of and decide causes according to lay and to cari carry Y his ais sentence into execution websters definition is in accord with this judicial authority is comprehended ended in the term the word appearing in the law in refo reference reAcie to the powers of a court must be taken jW according dording to its legia legal ca tion jurisdiction is either her original or appellate civil 1 or crim concurs concur t or exclusive in eith either er bajt cast fel relaxes rd is to t the e exercise of jud judicial ial functions the j jurisdiction aris diction of a judge means meana the power he holds massuch as such the aie acknowledgment know of a legal pager the ac tance of a the issuance of a certificate agrenot acts they are often of ten performed by persons who he 40 no co judicial powers cowets what whatever evier the or organic banic act provides tro vides that the IThe judicial power of t said territory 9 ry shall dball be vested 1 in a 8 supreme u prez ip court rt district co courts I 1 to PO probate bat courts a BOO ig injustices avie lodice peace the jurisdiction of the several c courts hereth herein provided for both at appel p ea late and original and that of the probate courts and the peace ahall aall be as limited by law for along a longtime the courts exercised concurrent oriel nal juris jurim diction with the orarn in OWA civil bivil and criminal cases under the lavra lags of the territory but in 1874 the poland law was enacted guiti 5 probate ludith n their wh respective 4 counties 5 shall av have 6 lud in a settlement ett lemento oj the estates ol of onto 7 and in 14 matters of P pj nd other othor like matters but otherwise pey shell shall havena c civil c chancery 1 or eft crha binm inal w whatever I 1 they a shall I 1 have in suite of divorce for statutory causes eat concurrently with th the e daisv ket etc courts its b but t any defendant in sat a suit tor P d divorce ivo me co commenced la a 46 probate ob au cou court rt shall aih bif be entitled after and a dd b bit fore plea oraas or answer to 0 have ald said suit removed to the district cou court having jurisdiction 11 j the authority vested tn in the jtb rebate courts to enter land for two the mccu occupant anti of towns eto etc was not called 11 ris diction by the poland law and andru hii retained under coder it as WON were all ot other powers except in respect to their jurisdiction ris diction which kas bras hail limited tedAs as above now comes a limit to that jurisdiction taking away the powen of the probate courts a aft to suits lot for divorce which are made original or igini and exclusive tt to the INs courts the jurisdiction I 1 of thel thi former its ie limited to the exercise ol of probate powers butchis but this does not dt d arrive them of authority over matter matten i in a which no judicial power is i used and which tar coWer tred u 0 h them by ia law the territorial regard to the incorporation of associations for business of different kludj kand are oft not affect by the Edi edmunds bunds law number two tho the probate judges are hereafter to be appointed by the aho P president and senate instead of elected dyane byu we veo pie but this does not cl change cliance iange theli their duties ivano nor limit t their heir powers p i te TJ in aul wul lvke out oat their terms term II 11 but ut belr tiAn li regard to d divorce I 1 v e suits is taken agaj and their jurisdiction or gr judicial pow to is liml limited d as defined in th the section ara quoted above it willbe wile will be to in our opinion that those corporations crp orations which have bave not nol made bleir acknowledgements acknowledge ments and filed their papers with the probate cudgel and clarks have not complied with ahe lawand are therefore not entitled to the benefits thereof this Isai is a matter worthy of their attention and the should duly consider consi derit it u there is a provi provision slog othe taw whid whick seems tobaie cupped supped toe the ol of incorporators duerally rue generally rally that is ahk many corporations 61 ons have tio no need to file JIW their Ahei arti articles clep of agreement t i etc ek with the secretary se tary of theNor the territory rit w to obtain his 5 certificate the ir sa i that corporations fored tors lot religious social benevolent educational cat cati ional oual or scientific purposes or corporations po rations formed for the construct lei of irrigating ditches or known la this territory terr 11 Y aa 68 cooper co oper active mercantile shall apt be required to file copies their articles antho in the office of the secretary of 0 the territory bua ibbe i county clerk cled shall issue to such corporations under the seal of the court a certificate to the effect that the articles of agreement and oath or affirmation have beto been filed in his bis office cowhick bich certificate shall be b evidence oi of the due tion atthe same i this to is sufficiently b IT explicit and appears e are iff a the cj 1 n private corpora bas with ith these considerations is not the action of those ancor pora tors tops who hAve beert been in each a hurry atch to run ran to the dmitric c co I 1 r rt a little too P previous it is a matter that deserves serves careful calef fa I 1 ex examination a mine a L 0 a and A du ue caution for an aa association p incorporated 0 r a e d is not a cor corporation horation po ration us W dl difficulties tt e land com complications BB grow out of an unintentional erm em that will cause great trouble and muck mock expense I 1 ll 11 |