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blacklisted any employe, mechanic, or laborer, discharged or voluntarily leaving the service of such company, corporation, or individual, with intent and for the purpose of preventing such employe, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company or individual.
Sec. 2. If any officer, or agent of any company, Penalty. corporation, or individual, or other person, shall blacklist, or publish, or cause to be published, any employe, mechanic or laborer, discharged by such corporation, company or individual, with the intent and for the purpose of preventing such employe, mechanic, or laborer from engaging in or securing similar or other employment from any other corporation, company or individual, or shall in any manner conspire or contrive, by correspondence, or otherwise, to prevent such discharged employe from securing employment, he shall be deemed guilty of a felony and, upon conviction, shall be fined not less than five hundred dollars and be imprisoned in the penitentiary not less than sixty days.
Approved February 3, 1896.
AN ACT for the organization of the Supreme Court, defining its powers and
fixing the terms thereof, and providing for the appointment of a Clerk, Deputy Clerk, and Bailiffs, defining their duties and fixing their salaries.
Be it enacted by the Legislature of the State of Utah:
SECTION 1. The Supreme Court shall be held at Supreme court, the capital of the State, and shall convene and hold terms thereof. three terms each year, one of which shall commence on the second Monday in January, one on the second Monday in May, and one on the second Monday in September. The court may adjourn from time to time as it may deem proper.
where held and
Sec. 2. Each of said terms of court shall be for Business to be the submission and determination of causes, and for
Decision in writing.
transaction of such other business as shall come before the court. All causes on the docket shall be heard at each term, unless continued or otherwise disposed of by the court. Decisions, rulings and orders in causes submitted, and orders authorized by law to be made by the court or any justice thereof, may be made and entered at any time Where a decision in a cause is rendered during a recess of the court, and the opinion signed by the judges, or a majority of them, shall have been filed with the clerk, it shall operate as a judgment of the court. The clerk shall immediately give notice to the respective parties, and the time for filing petition for rehearing shall run from the time of such notice: Provided, That the same may be extended by any justice of the court for cause shown.
Sec. 3. The court may reverse, affirm or modify Judgment to be any order or judgment appealed from and may direct the
proper judgment or order to be entered, or direct a new trial or further proceedings to be had. Its judgment must be remitted to the court from which the appeal was taken. The decisions of the court shall be given in writing; and in giving a decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case.
Sec. 4. The Supreme Court shall consist of three judges, two of whom shall constitute a quorum to hold court or render a decision, but one alone may adjourn from day to day. If a Justice of the Supreme Court shall be disqualified from sitting in a cause before said court, the remaining judges shall call a district judge to sit with them on the hearing of such cause. If all the justices are disqualified, the court shall call in three district judges to hear the cause.
Sec. 5. When the court is equally divided in opinCourt equally ion the judgment of the court below shall stand af
Sec. 6. The court is hereby authorized to appoint and remove at pleasure the necessary bailiffs to attend the court, and to perform such other duties and execute such orders as may be directed or ordered by the court. Each bailiff shall receive three dollars for a day's service when he is in actual attendance upon the court.
Two judges constitute a quorum.
Court may ap
a record and
duties of clerk.
Sec. 7. The Supreme Court shall appoint a clerk, Shadr appoint who shall hold his office during the pleasure of the court, and shall receive such salary as may hereafter be provided by law.
Sec. 8. The clerk of the Supreme Court must exe-Clerk must give cute an official bond to the State in the sum of ten thousand dollars, conditioned for the faithful performance of his duties; to be approved by the court.
Sec. 9. The clerk of the Supreme Court shall keep Clerk must keep his office at the capital of the State, and he shall keep the seal. a complete record of all the proceedings of the court, and shall keep the seal of the court and its records and files.
Sec. 10. The clerk shall have power to take ac- Powers and knowledgments, administer oaths, issue all process, writs and notices required to be issued out of said court; to make transcripts and copies of papers and records when required, and certify the same under seal of the court. The clerk shall not allow any written opinion of the court to be removed from his office, but shall permit any one to examine or copy the same, and he shall perform such other duties as may be required by law and the Supreme Court.
Sec. 11. The clerk shall act as law librarian for Shall act as law the State; he shall take charge of, keep and preserve the law library of the State as provided by law, and perform all the duties connected with the care and custody of the State law library.
Sec. 12. The clerk shall, in the absence of all the In absence of justices of the court, at the beginning of any term, or shall adjouen of any adjourned term, adjourn the court from day to day, until the arrival of a justice.
Sec. 13. The clerk shall appoint a deputy clerk, Deputy clerk. and may employ such assistants as may be necessary for the transaction of the business of the office, who shall be paid by the clerk out of the salary allowed him. Such deputy shall be a competent stenographer and typewriter, whose duty it shall be to assist the clerk in the performance of his duties and to act as stenographer and typewriter for the justices of the Supreme Court.
Sec. 14. The Supreme Court shall make a requi- Stationery and sition through its clerk upon the Secretary of State for supplies. stationery, postage and supplies necessary for the transaction of its business, which shall include the printing
all the justices
First term of court.
May require attendance of sheriff.
of the court docket, and the Secretary shall furnish the same when so demanded.
Sec. 15. The first term of the Supreme Court shall commence Monday, January 20, 1896, or as soon thereafter as the justices of the court shall fix.
Sec. 16. The court may at any time require the attendance and services of the sheriff of Salt Lake county, or the services of any sheriff in the State.
Sec. 17. The clerk must collect in advance the following fees: For filing the transcript on appeal, in each civil case appealed to the Supreme Court, twelve dollars, payable by the appellant, in full for all services rendered in each cause, up to the remittitur to the court below; for filing petitions for any writ, ten dollars; in full for all services rendered in each cause; for certificate of admission as attorney and counselor, ten dollars; for making transcripts, copies of papers or record, ten cents per folio; for comparing any document requiring a certificate, five cents per folio; for each certificate under seal, one dollar. All fees collected by him must be paid into the State treasury to the credit of the general fund.
Sec. 18. The court may make rules of practice and procedure not in conflict with law, which rules shall be published.
Sec. 19. All acts and part of acts inconsistent herewith are hereby repealed.
Sec. 20. This act shall take effect immediately upon its approval.
Approved February 3, 1896.
SUPREME COURT COMMISSIONERS' RECORDS.
AN ACT to provide for the custody of papers and records of United States
and Supreme Court Commissioners, for the continuation of actions begun before them, and the issuance of process and proceedings upon judg. ments obtained in their courts.
commissioners' courts to be delivered to
Be it enacted by the Legisluture of the State of Utah: Records of
SECTION 1. It is hereby made the duty of the var
ious county clerks of the State to transmit and deliver justices of the to the county justices of the peace all papers, records and dockets now in their possession pertaining to the business of or kept by the United States and supreme court commissioners who on the 3d day of January, 1896, were sitting or acting within the several precincts of such justices of the peace respectively.
And the said justices of the peace are hereby made Justices to hear responsible for the care and safe keeping of all such and issue procpapers, records and dockets so delivered to them or any of them, and are hereby authorized and directed to proceed to hear and determine all actions and causes so pending before such United States and supreme court commissioners, and to issue final process therein and to receive such fees therefor as are now or hereafter may be provided by law in case of actions originally begun or prosecuted in said justices' courts; Provided, That nothing herein shall be held to prevent the issuance of final process by the several district courts, upon the judgments of United States and supreme court commissioners' courts, of which abstracts have been or hereafter may be filed in the said district courts in accordance with the provisions of sections 3602, 3603, 3604 and 3605, of the Compiled Laws of Utah, 1888.
Sec. 2. This act shall take effect upon approval.
AN ACT prohibiting discrimination against Females employed as Teachers
in the Public Schools.
Be it enacted by the Legislature of the State of Utah:
That females employed as teachers in the public Equal compens schools of this State shall in all cases receive the same and femalescompensation as is allowed to male teachers, for like services, when holding the same grade certificates.
Approved February 11, 1896.