Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1874-08-27

0uU t4oY 401ll nave JQf1D0lCtlO0 IN SultS
for divorce. Probate courts, IN their re-:
spective c0untieS shall hGle jurisdiction
in the settlement Of the eltates @ot decc-
dents. and in matters Of gua1di and
other Ike matters; but otherwise they
wh1tevef; they si1IiI haxe ju-
iisdiction Of suits Of divorce for statutory
caases oOncurTently With the district
courts; but any detendent in suit for
divorce commenced in . probate court
shall be entitled after appearance and be-
fore plea or answer, to have said suit fe-
moved to the district coQat having juris-
diction, when said suit shall proceed in
1.-The manner as if originally commenced
in said district court Nothing in this
act shall be construed tosimpair the auth
0rity of the probate courts to enter lands
in trust for the use and benefit Of the Oc-
cupants of towns in the various counties
Of the Territory of Utah. according t..
the provisions Of IAN act for the relief of
the inhabitants of cities and towns upon
public 1ands,V approYed March second,
eighteen hundred and sixty-seven, and
IAN act to amend an act entitled, An act
for the relief Of the inhabitants of cities
and towns upon the public lands ap-
proved June eighth eightean hundred
and sixty-eight; 0r to discharge the 'dp-
ties assigned to the probate judges by an
act Of the legislative assembly Of the Ter
ritory Of Utah entitled IAN act prescEib-
ing rules and regulations for the execu-
ti0n of the trust arising under an act of
Congress- entitled IAN act for the relief
of the inhabitants of cities and towns up
on 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 existing laws of said Territory ,Ex.
pired, are hereby validated and confirm
ed. The jurisdiction heretofore confer
red upon Justices of the peace by the Or
ganic act Of said Territory isextended to
all cases where the debt or sum claimed
shall be less than three hundred dollars.
From all final judgments Of justices Of
the peace an appeal shall be allowed to
to the district courts Of their respective
districts, in 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 couEts
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 said Territory may, by general
rules framed for that purpose, specify
and designate, and such appeal shall va
cate tha judgment appealed from, and the
case shall be tried de noyo in the appel
late court. Appeals may be taken from
both Justices and probate courts to the
district court of their respective districts
in cases where judgments have heretofore
been rendered and remain unexecuted !;
but this provision shall not enlarge the
time for taking &c appeal beyond the pc
RODS now allowed by the existing laws
of said Territory for taking appeals. A
writ of error from the Supreme Cocrt Of
the Unsted States to the supreme court Of
the Terrltiry shall lie in criminal cases,
where the accused shall have been sentcn
ced to capital punishment or convicted
Of bigamy or polygamy. Whenever the
condition Of the business in the district
court of any district is uneble to do the
same, he may request the judge of either
of tie other districts to assist him; and,
upon such request made, the judge 80 re-
quested may hold the whole or part of
any term, or any branch thereof, and his
acts as judge shall be of equal force as if
he were duly assigned to hold the courts
ir such district.
Sec. 4. That within sixty days after the
passae of this act, and in the month Of
January annually thereafter, the clerk of.
the district court in each judicial district
and the judge af probate of the county
in which the court is next to he held,
shall prepare Jury: list from which grand
and petit Jurors shall be drawn, to serve
in the district courts, Of such district, un-
til q new list shall be made as herein pro.
yided. Said clerk and probate judge
shall alternately select the name of q
,iiale citizen of the United States who
has resided in the district for period OF
six months next preceding, and who can
read and write in the English language;
and, as selected, the name and residence
of each shall be entered upon the list, un-
til the same shall contain two hundred
names, when the same shall be duly ccr-
titled by such clerk and probate judge;
and the same shall be filed in the Office
of the clerk of such district court, and u
duplicate copy shall be made and certl
fed by such officers, and fled in the Office
Of said probate Judge. Whenever
grand or petit jury is to be drawn to
serve at any term Of district court, the
Judge of such district shall give public
notice of the time and place OF the draw
ing of such jury, which shall be at least
twelve days before the commencement of
such term and on the day and at the
place thus fixed, the Judge Of such dis
rict shall hold an open: session Of his
court, and shall preside at the drawing
Of such Jury; and the clerk Of such court
ihe Jury lists returned and filed in his CT
flee upon separate slip of paper, as near
ly a. practicable of the same size aud
form and all such slips shall, ty the
clerk in open court, be placed in \ cover.
ed box and thoroughly mixed and ming
led; and thereup0n the United States
marshal, or his deputy, shall proceed 10
fairly draw by lot from said. box such
number of names as may have previously
been directed by said judge and if both
q grand and petit jury are TO be drawn,
the grand jury shall be drawn first; and
when the drawing shrll have been cOnclu-
ded, the clerk of the district court ssall
issue venire to the marshal Or his dep
uty, directing him to summon the per-
sons so drawn, and the same shall be du-
" served on each of the persons 50 drawn
at least seven days before the commence
ment of the term at which they are to
serve; and the Jurors SO drawn and sum:
moned shall constitute the regular grand
and petit juries for the term for all cases.
And the names thus drawn from the box
by the clerk shall not be returned to or
again placed in said box until q new jury
list shall be made. If during any term
of the district court any additional grand
or petit jurors shall be necessary, the
same shall be drawn from said box by
the United States marshal in open court;
but IF the attendance of those drawn can.
not be obtained III { reasonable time. 9th