Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-09-18


necessarily Travelled in delivering the per-
son so arrested before the court or officer
! ordering such arrest. Said marshal Is
| hereby authorized to appoint as many dep
| utipS as may lie necessary, each of whom
shall have authority, in the name of said
marshal, TO pSrform any act with like. eff
| lect aud in like manner as said marshal d,
and the marshal shall be liable for all Of
fetal acts Of such deputies, ~ If done 10y
| himself. Such appointment shall not lie
complete until he shall give bond to said
marshal, with sureties, TO be by him APP
! proved, in the penal sun of ten thousand
| dollars, conditioned for the faithful dis
charge of his duties and he shall also take
and subscribe the same oath prescribed 10y
| law to be taken by said marshal, and said
! appointment, bond and oath shall lie filed
and remain in the Off of the clerk of the
supreme court of said Territory. In actions
brought against said marshal for the mis-
ieaSance or non-fcasance of any deputy ii
shall he lawful for the plantiflat his option,
to join the said deputy aud the suretes on
his bond with said marshaland his uretieS.
ANY process either civil or criminal re-
turnabe tn the supreme or district courts,
may be served In any county, by The sher-
III thereof or his legal deputy, aud they
may also serve any other process which
may lie authorized by act of The territorial
legislature.
SEC. 2. That il shall he the duty of the
United States attorney in said Territory in
person or by AN assistant, To attend all the
courts of record huvlnlA Jurisdiction of o.
lenses rs well under thc'lawS of said Ter
rilory as of the United States, and perform
the duties Of prosecuting officer in all
criminal eases arising in said court, and he
is hereby authurizcd Ia appoint rs rIany
assistants AZ may be necessary, each OF
whom shall subscribe the same oath rs Is
prescribed 10y law for said United States
attorney, and the said appointment and
oath >hlll he filed and remain in he Office
of the clerk of the supreme court OF sad
Territory. The United States attorney
shall I've entitled TO the same fees for ser
vices rendered by S id assistants rs he
would be entitled TO 20 the same services
If rendered by himself the territorial
legislature may provide for the election of
prosecuting attorney in any county and
such attorney, if authorized so to do by
tiuns for oiIcnSes under the laws of the
Territory within such county, and If such
prosecution is carried to the district court
by recognZance or appeal, or otherwise
may aid i'm conducting the prosecution in
such court. Aud the costs and expen sss
of all prosecutions for otlenses against any
law of the territorial legislature shall be
paid out OF the treasury of the Territory.
SEC 3. That thcre,shall be held in each
year two terms Of the supreme court of said
Territory, and four terms of each district
court, ut such times as the governor of the
Territory may by proclamation fix. The
district courts shall have exclusive origi-
nal jurisdiction in all suits or proceedings
in chancery, and in all actions at law in
which the sum or value or the thing in
controversy shall be three hundred dollars
or upward, and in all controversies where
the title, possess ion, or boundaries of land
or mines or mining claims shall he in dis
at pr ihair xsalpn In,
tons for iurcibc entry or fOrcble and I'M
lawful detniner; and they shall have juris-
diCtion in suits for divorce. Probate courts
i'm their respective counties shall have iu-
riSdiCtiOn in the settlement of the estates
of deccdents, and in matters of guardian
ship and other like matters but other
wise they shall have no civil, Chancery, or
criminal jurisdiction whatever; they shall
have jurisdiction of suits of divorce for
statutory causes cOncurrently with the dis
trct courts but any defendant in suit
for divorce commenced in probate court
shall be entitled alter appearance and bo-
fore plea or answer, to have said suit re-
moved to the district court having juris-
diction, when said suit shall proceed in
like manner as if originally commenced in
said district court. Nothing in this act
shall be construed to impair the authority
of the probate courts to enter land in trust
for the use and benefit of the occupants oil
lpMuS III lut NdIlOus VI ItTTl-
tory of Utah, according to the provisions
of IAN act for the relief of the Inhabitants
of cities and towns upon public lands" APP
proved March second, eighteen hundred
| and siXty-seven and IAN act to amend an
| act entitled An act for the relief of the in
habtants of cities aud towns upon the pub
| lie lands,'" approved June eighth, eigh.
teen hundred and sixty eight or to dis.
charge the duties assigned TO the probate
| judges by an act ofthe legislative assembl '
| of the Territory of Utah entitled "a actpre
| scribing rules and regulations for the ex-
| ecution of the trust arising under nh act OF
Congress entitled An act for the relief OF
| the public lands.'" All judgments and
| DEGREES heretofore rendered by the probate
| courts which have been executed, and the
time to appeal from which has by The ex.
| listing laws of said Territory expired are
| hereby validated and confirmed. The ju-
rlSdicton heretofore conferred upon jus
| tees of the peace 10y the organic act of said
| Territory is extended to all cases where
| the debt or sum claimed shall be ess than
| three hundred dollars. From all final
| Judgments of justices of the peace an dp.
| peal shall Toe allowed tu the district courts
| of their respective districts, Ia the same
manner as is now provided by the laws OF
| said Territory for appeals TO the probate
| courts; and from the Judgments of the
| probate courts an appeal shall lie to the
| district court of the district embracing the
| county in which such probate court is held
| in such cases and in such manner as the
| supreme court of sail Territory NAV, by
| general rules framed for that purpose,
| specify and designate, and such appeal
| shall vacate the Judgment appealed from,
and the case shall be tried de novo in the
| appellate court. Appeals may be taken
| from both justices and probate courts to the
| district court of their respective districts
| in " lprp iuIunanig no har
| tofore rendered aud remain une Y ecuted; but
| this provision shall not enlarge the time
| for taking an appeal beyond the pei iodS
now allowed by the existing laws of said
| Territory for taking appeals. A writ OF
error from the Supreme Court of the Unit
ed States to the supreme court of the Ter
ritory shall lie in criminal cases, where the
accused shall have been sentenced to cap
| ital punishment or convicted of bigamy or
| polygamy. Whenever the condition of the
business in the district court of any district
| is such that the judge of the district is I'M
able TO do the same, he may request the
judge of either Of the other districts to as
| sist him, and, upon such request made, the
| judge so requested may hold the whole or
| part of any term, or airy branch thereof,
and his acts as Judge shall be of equal force
as il he were duly assigned TO hold the
courts in such district
SEC. 4. That within sixty days after the
| passage of this act, and in the month OF
January annually thereafter, the clerk OF
the district court in each judicial district,
and the judge of probate of the county in
which the district court is next to be held,
| shall prepai a jury-list from which grand
| and petit jurors shall be drawn TO serve in
the district courts, of such district, until a
new ii It shall he made as herein provided.
Said clerk and probate judge shall altern-
ately select the name Of male citizen OF
the United States who has resided ia the
district for tho period of six months next
| preceding, and who can read and write i'm
the English language; and, as selected,
the name and residence of each shall he
entered upon the list, until the same shall
contain two hundred names, when the
same shall be duly certified by such clerk
and probate judge; and the same shall