feit their corporate franchises, dissolve such corporations, and wind up their affairs. ['96, pp. 122-4*. Election, qualifications, term, duties, compensation, Con. art. 7. 2439. Bond. The attorney general must execute to the state an official bond in the sum of five thousand dollars. ['96, p. 124. 2440. Actions to recover escheated property. It is the duty of the attorney general to institute investigations for the recovery of all real or personal property which may have escheated or should escheat to the state, and for that purpose he has the power to cite any and all persons before any of the district courts of this state to answer inquiries and render accounts concerning the said property, real or personal, and to examine all books and papers of any and all corporations. When any real or personal property is discovered which should escheat to the state, the attorney general must institute suit in the district court of the county where said property shall be situated for the recovery, to escheat the same to the state. ['96, p. 124. CHAPTER 6. BANK EXAMINER. 2441. Appointment. Duties, generally. The governor, by and with the consent of the senate, shall appoint a suitable person to be called the bank examiner, who shall examine into the affairs of every corporate bank, loan, trust, or guaranty association, building and loan association, and insurance company, domestic or foreign, except foreign companies transacting business in this state, at least once in each year, and oftener if the secretary of state shall deem it necessary. He shall examine into the affairs of foreign companies at such times as the secretary of state shall deem such examination necessary, and he shall perform such other duties as may be prescribed by the state board of examiners or by law. [C. L. § 2518*. 2442. Term. Bond. The bank examiner shall hold office during the pleasure of the governor, and shall give a bond in the sum of ten thousand dollars with at least two sureties, to be approved by the governor, conditioned for the faithful performance of his duties. He shall not be an officer, stockholder, member, partner, or employee of any bank, loan, trust, or guaranty association, building and loan association, or insurance company in this state. [C. L. § 2518*. 2443. Attendance of witnesses. The bank examiner shall thoroughly examine all the books, papers, securities, and affairs of any such bank, association, or corporation, and in so doing may examine on oath, which he is hereby empowered to administer, any of its officers, employees, proprietors, or other persons, and he may compel the attendance of witnesses and the production of the books and papers of the bank, association, or corporation. Upon the refusal of any witness to attend before such examiner, or upon the refusal of any such bank, association, or corporation to produce its books and papers, the examiner may apply to the district court, which is hereby empowered to compel the attendance of such witnesses and the production of such books and papers. $ 2518*. [C. L. 2444. Fees. Every such bank, association, or corporation examined, shall pay to the bank examiner the fees provided by law for such examination. [C. L. § 2518*. Fees of bank examiner, 22 417, 969. 2445. Reports. The bank examiner shall make to the secretary of state, at such times as the secretary shall require, a detailed report of every bank, association, or corporation examined, and shall keep a record of such examinations. CHAPTER 7. DAIRY AND FOOD COMMISSIONER. 2446. Dairy and food commissioner. Appointment. Term. Compensation. The office of dairy and food commissioner for the state of Utah is hereby created. Such commissioner shall be appointed by the governor, by and with the consent of the senate, and his term of office shall be for two years from the date of his appointment; provided, that the term of office of the commissioner first appointed under this chapter shall expire on the first Monday in March, eighteen hundred and ninety-nine, and vacancies occurring in the office for any cause shall be filled by appointment for the balance of the unexpired term. The salary of the commissioner shall be six hundred dollars per annum, together with his necessary and actual expenses incurred in the discharge of his official duty, which shall be paid in the same manner as to other state officers; provided, that said expenses shall not exceed three hundred dollars in any one year, and a statement of these expenses with the proper vouchers attached shall be filed with the state auditor on or before December thirty-first of each year. ['97, p. 227. 2447. To enforce laws against impure products. Inspection by. Amended To prosecute offenders. It shall be the duty of the commissioner and he is chap.41 1899 Amended chapt56 1899 hereby invested with the powers to enforce all laws that now exist or that may hereafter be enacted in this state, regarding the production, manufacture, or sale of dairy products or the adulteration of any article of food or drink or of any drug, and personally, or by his deputy, to inspect any article of milk, butter, cheese, meat, vegetable, lard, syrup, coffee, or tea, or any other article of food or drink made or offered for sale within this state, which he may suspect or have reason to believe to be impure, unhealthy, adulterated, or counterfeit, and to prosecute or cause to be prosecuted any person or persons, firm or firms, corporation or corporations engaged in the manufacture or sale of any unwholesome, adulterated, or counterfeit article or articles of food or drink or drug contrary to the laws of the state. ['97, pp. 227-8. Dairy products, ?? 729, 746. 2448. Examinations and analyses. Searches and seizures. Penalty for obstructing. Said commissioner shall have power in the performance of his official duties to enter into any creamery, factory, store, salesroom, or other place or building where he has reason to believe that any food or drink or drug is made, prepared, sold, or offered for sale, and to open any cask, tub, package, or receptacle of any kind containing, or supposed to contain, any such article, and to examine or cause to be examined and analyzed, the contents thereof; and the commissioner may seize or take any article of food or drink or drug for analysis, but if the person from whom such sample is taken shall request him to do so he shall at the same time, and in the presence of the person from whom such property is taken securely seal up two samples of the article seized or taken, one of which shall be for examination or analysis under the direction of the commissioner, and the other of which shall be delivered to the person from whom the articles were taken. Any person who shall obstruct the commissioner by refusing to allow him entrance to any place which he desires to enter in the discharge of his official duty, or who refuses to deliver to him a sample of any article of food or drink or drug made, sold, offered, or exposed for sale by such person, when the same is requested and when the value thereof is tendered, shall be deemed guilty of a misdemeanor punishable by a fine of not exceeding twenty-five dollars for the first offense and not exceeding five hundred dollars or less than fifty dollars for each subsequent offense. ['97, p. 228. 2449. County attorney to aid. Disposal of fines. It shall be the duty of the county attorney in any county of the state, when called upon by the commissioner, to render any legal assistance in his power to execute the laws, and to prosecute cases arising under the provisions of this chapter; and all fines and assessments collected in any prosecution begun or caused to be begun by said commissioner shall be paid into the state treasury. ['97, p. 228. 2450. Report, contents, and publication. Said commissioner shall make a biennial report to the governor, which shall contain an itemized account of all expenses incurred and fines collected, with such statistics and other information as he may regard of value; and with the consent of the governor not exceeding one thousand copies thereof may be published annually as other official reports are published. ['97, pp. 228-9. CHAPTER 8. STATE ENGINEER. 2451. Appointment and qualifications. Term. Bond. Expense, etc. Duties. The office of state engineer is hereby created, and there shall be appointed by the governor of the state by and with the consent of the senate, a state engineer, whose term of office shall be four years and until his successor shall be appointed and qualified; no person shall be appointed to such office unless he shall be known to possess a theoretical and practical knowledge of hydraulic engineering and of the irrigation system of the state of Utah. The governor of the state of Utah may for good and sufficient cause, remove from office said state engineer, and, in case of such removal or the death of such officer or other cause, the governor may appoint another person to fill the unexpired term of such officer. Before entering upon the duties of his office the state engineer shall take and subscribe an oath of office and give a bond with good and sufficient sureties to be approved by the governor of the state, in the penal sum of five thousand dollars, payable to the state of Utah, for the faithful performance of the duties of his office. Said state engineer shall have his office at the state capital, in a room or rooms to be provided by the secretary of state. All books, records, and equipments necessary for the performance of the duties of the office of said state engineer shall be furnished by the state, subject to the approval and orders of the board of examiners, and upon the expiration of his term of office he shall deliver the same to his successor in office. The sum to be expended for such books, records, and equipments shall not exceed five hundred dollars per year. The state engineer shall receive a salary of one thousand dollars per year, together with his actual traveling expenses necessarily incurred when called from the state capital in the discharge of his official duties. It shall also be his duty to examine into and report upon reservoir sites for the state under the direction of the board of land commissioners. He shall submit plans, specifications, and estimates for the construction of reservoirs, dams, and canals, under the direction of the said board. He shall supervise any state reservoir or other similar irrigation or water storage work for the state. It shall also be his duty to pass upon the character and sufficiency of all other works relating to irrigation in which the state may have any interest, either in the reclamation of lands or the construction and control of reservoirs, dams, or other irrigation works. ['97, pp. 76–7. 2452. To keep record of measurement of streams, etc. It shall be the duty of the state engineer to keep a full and complete record of all measurements of streams and all other valuable information in relation to irrigation matters of the state that may come to his knowledge in the discharge of his official duties. ['97, pp. 77–8. 2453. To examine plans of dams or dykes. Powers. Any person, association, or corporation that shall desire to construct any dam or dyke, for the purpose of storing or appropriating or diverting any of the waters of this state, when the same is to be more than ten feet in height, except as otherwise in this chapter provided, shall submit duplicate plans, drawings, and specifications of the proposed work to the state engineer, who shall, as speedily as possible and within forty-five days, examine such plans, drawings, and specifications, and if he approves them, he shall affix his approval thereto, and return one copy of each such plan, drawing, or specification, with his approval, to the party or parties proposing to construct the works. If the state engineer disapproves of such plans, drawings, or specifications, he shall return the same with his written objections thereto and suggestions of changes to the party or parties filing the same; provided, that where said dam or dyke is, in the opinion of said engineer, not of sufficient importance to have the provisions of this section apply to such dam or dyke, then said engineer shall have power upon written application to suspend the provisions of this section in regard to such dam or dyke. In case of works of great importance, especially where life or property would be endangered by the failure of such works, the state engineer may require excavations to be made to determine the character of the foundation and require a statement of the facts in the case to be filed in his office before approving such plans, drawings, or specifications; or he may if he deems the public interest demands, visit the locality of such proposed works before approval of said plans, drawings, or specifications; and no rights of any kind under the laws of this state shall be deemed to be obtained which have not been approved by the state engineer. ['97, p. 78. 2454. Id. Appeal from engineer's determination. Whenever any party or parties feel themselves aggrieved by the determination of the state engineer in refusing to approve any plans or specifications as mentioned in the preceding section, then such party or parties may have an appeal to the courts. ['97, p. 78. 2455. To inspect dams, etc. Order repair of unsafe works. The state engineer shall inspect, or cause to be inspected, as often as he thinks advis able, every dam or embankment used for holding water in this state, where the same is more than ten feet in height; and if after any such inspection such dam or embankment in the opinion of the state engineer is unsafe and life and property liable to be endangered by reason thereof, he shall order the owner or owners to repair the same so as to make it safe; and if such owner or owners shall neglect or refuse to repair the same after a reasonable notice to that effect has been given in writing by the state engineer, the said state engineer shall report the facts in the case to the judge of the district court of the district in which such dam or embankment is situated, who shall, after hearing the facts, if he deems it necessary for the public welfare, order the watermaster of the district in which such dam or embankment is situated, if there be one, if not, the sheriff of the county, to draw off such water from behind said dam or embankment and to keep said water drawn off till such time as the orders of the state engineer shall be complied with. ['97, pp. 78-9. 2456. Inspection of dams reported to be unsafe. Order. If any person or persons shall report in writing to the state engineer that any dam or embankment used for holding water is unsafe and endangering life or property, then it shall be the duty of said state engineer to inspect, or cause to be inspected. such dam or embankment as soon as possible, and, if he considers it unsafe, shall proceed as provided in section twenty-four hundred and fifty-five. ['97, p. 79. 2457. To give information as to measurements of water. The state engineer shall, free of charge, give any information desired by any person as to the proper method of measuring water or of constructing an apparatus for such measurement upon proper application being made; and shall give special instructions to all watermasters as to measurements of water, so as to secure a just distribution of the same. ['97, p. 79. Measurement of water, 22 1282, 1283. 2458. Report and recommendations. The state engineer shall make and render to the governor of the state biennially or oftener if required a full and complete report of his work performed by virtue of his office, which report shall contain such recommendations as he may think advisable as to amendments to existing laws in relation to irrigation or the enactment of new laws consistent with the public welfare. ['97, p. 79. 2459. Fees for examinations, etc. Payment into treasury. Whenever any person, corporation, or association shall require the services of the state engineer to locate, examine, or to superintend the construction of any dam or embankment, a per diem of four dollars per day and actual traveling expenses shall be paid by the party or parties receiving the services of said state engineer; and all amounts of moneys coming into the hands of said state engineer on account of such services rendered by him shall be paid into the state treasury on or before the first day of each and every month. ['97, pp. 79-80. CHAPTER 9. DEPUTY STATE OFFICERS. 2460. Appointment. Duties. Responsibility of principal. The secretary of state, state auditor, state treasurer, attorney general, and superintendent of public instruction may each appoint a deputy, who may, during the absence or disability of the principal, perform all the duties pertaining to the office, except those required of the principal as a member of any board. The principal shall be answerable for neglect or misconduct, in office, of his deputy, and may require from him a bond for his own security. The appointment of a deputy shall be in writing, and shall be revocable at the pleasure of the principal; and all such appointments and revocations shall be filed with the secretary of state. Reference to an officer may include deputy, etc., ?2498. TITLE 64. STATUTE OF FRAUDS. 2461. Transfers, etc., affecting lands to be in writing. Exceptions. No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing. [C. L. §§ 2831, 3916. Cal. Civ. P. 1971*. Similar section, 1974. A parol gift of an unpatented town lot followed by possession cannot thereafter be rescinded. Cooke v. Young, 2 U. 254. A parol sale of land without delivery of possession is void though part of the purchase price was paid; and it is immaterial that the contract was a renewal of one under which possession had been delivered, the former contract having been mutually abandoned. Maxfield v. West, 6 U. 327; 23 P. 754. Where one holds possession of a hotel under a parol tenancy at will, a contract made by him to sell and surrender his possession, together with the personal property used in connection therewith, is not within the statute of frauds, and is not required to be in writing. Reno v. Beardsley, 6 U. 208; 21 P. 944. Where K., C. and R. entered into an agreement to purchase certain lands, to share equally in the payments, and to own equal interests when paid for, and after the first payment made thereon and contract given in the name of C. and R., K. assigned one-half of his interest by oral agreement to E.; held, that such assignment was not within |