National Republican. (Washington City (D.C.)) 1872-1888, 1874-08-27
aatiUHaI gfpnblifau.
Jaws OF TIE UNITED STATES.
PASSED AT THE FIRST SESSION OF THE
FORTY-THIRD CONGRESS.
GHNERAL NATURE-NO. lUb.J
An AcF in relation to courts and judicial on


TGBNERLL NATURE-No. 1921
An AcF in relation to courts and judicial on
GERS "a the Territory Of Utah.
Bet sHGStod kV tie Senate and House Of Rep
rsssntatirss II tie United States Of America Il
Oon0rsts asstnblsd, That It shall be the duty o.
the United States marshal of the Territory o.
Utah, IN peRsep or by deputy, to attend all SEES
sions Of the s0Prsme and district courts 10 said
Territory, and to serve and execute all process
and Writs Issued out Of, and all orders, judg'
mentS, and DEGREES made BY said courts, or BY
any Judge thereof, unless said court or judge
shall otherwise order in any particular case
All process, Writs, or other papers lett with
said marshal, or either Of his deputies shaii De
served without delay, and In the order 10 Whlcn
they are received, upon payment or tender OF
bis legal fees therefor; and It shall oe unl3"-
Gul for said marshal to demand or receive mile
-Rgs for any greater distance than the acLuai
distance by the usual routes from tae place OF
service or execution Of process, VIII, or other
paper, to the place OF return VI tue eAulsI ca ca
any psrsou arrested by legal authority out Of
the county in which be is arrested, said
marshal shall be entitled TO mileage for the
whole distance necessarily Travelled In deliver
ipV the person 50 arrested before the court or
officer ordering such arrest. Said marshal is
hereby authorized to appoint as many deputies
as NAV be necessary, each Of whom shall have
authority. in the name of said marshal, to per-
torn any act with like effect and in like man
ner as said marshal; and the marshal shall be
liable for all official acts OF such deputies, as if
done BY himself Such appointment shall not
be complete until he shall give bond to said
marshal with sureties, to be by him approved,
I'm the PENAL sum of ten thousand dollars, con
ditoued tor the faithful discharge Of his duties;
and be shall also take and subscribe the same
oath prescribed by law to be taken by said
marshal, and said appointment, bond and oath
shall be fled and remain in the Office Of the
clerk Of the supreme court Of said Territory.
In actions brought against said marshal for the
misfeasauCe or nOE-tessancs Of any deputy it
shall 10 lawful for the plaintiff al his option,
70 Join the said deputy and the sureties on his
bond with said marshal aud his surSties. Any
process either civil OF criminal returnable to
the supreme or district courts, may be served
In any county, by the sheriff thereof or his
legal deputy, and they may slsO serve any
other process which may be authorized by act
OF the territorial leEis allure.
Sec. g That Il shall lie the DUTY of the
United States attorney in said Territory in
person or by an assistant, to attend all the
courts Of record having Jurisdiction Of offenses
6s well under the laws OF said Territory as Of
the United States, and perform the duties Of
prosecuting officer In all criminal cases arising
In said courts, aud he is hereby authorized to
appoint as many assistants as may be necessary,
each of whom shall subscribe the same oath
as is prescribed by law for said United States
attorney, and the said appointment and oath
shall be fled and remain In the Office Of the
clerk Of the supreme court Of said Territory.
The United States attorney shall be entitled
TO the same fees for services rendered by said
assistants IS he would be entitled to for the
same services If rendered by himself. The ter
Titorial legislature may provide for the election
Of q prosecuting attorney in any county; and
such attorney, If authorized 80 to do by such
legislature, may commence prosecutions for
Ofenses under the laws Of the Territory within
such county, and If such prosecution Is carried
to tie district court by recOguiEAncs or appeal,
or otherwise may aid in conducting the prose-
cUHOn In such court. And the costs and eK-
peUses OF all prosecutions for oGenses against
any law Of the territorial legislature shall be
paid out Of the treasury OF tho Territory.
See. 5. That there shall be held in each year
two terms of the supreme court Of said Terri
tory, and four terms Of each district court, at
such times as the governor Of the Territory
may by proclamation tx. The district courts
shall have exclusive original Jurisdiction in all
suits or proceedings in chsncery, aud in all &C
tions at law IN which the sum or value Of the
thing in controversy shall be three hundred
dollars or upward, and in all controversies
where the titls, possession or boundaries Of
land, or mines or mining claims shall be In
dispute, whatever their value, except In &C
lions for forcIbls entry or forCible and unlawful
detainer; and they shall have Jurisdiction III
suits for divorce. Probate courts in their re-
6pectiVe counties, shall have jurisdiction In the
settlement Of the estates Of decedents, and In
matters Of guardianship and other like mat
tiers; but otherwise they shall have no civil,
ohsncery or criminal Jurisdiction whatever;
they shsIl have jurisdiction Of suits Of divorce
Cor statutory causes coHcuFTently with the dis
1t courts; but any defendant in o suit for
divorce commenced In probate court ehal
be entitled after appearance and before plea or
answer, TO have said suit removed to the dis
trict court having Jurisdiction, when said suit
. thai proceed 10 Ike manner Gs If odEi-
6ally commenced IN said district court.
Nothing In this act shall be construed TO
Impair the authority Of the probate courts 10
enter land IN trust for the use and benefit of
= the occupants OF towns IN the various counties
of the Territory OF Utah, according TO the pro-
D. visions Of AN act for the relief Of the inhRb-
Itsns Of Ciues and towns upon public lands,
approved March second, eighteen hundred and
sfxty-sevea and dan act 70 amend an act en-
titled An act for the relief Of the Inhabitants
Of cities and towns upon the public lands" sp-
proved June eighth, eighLesn hundred aud
SixtY-eiehf; or 70 discharge the duties assigned
10 the probate iudges by an act Of the legisla-
ftive assembly II the Territory OF Utah, emit
Tiled IAN act Prescribing rules and regulations
for the execution Of the trust arising under an
act Of COngrsBs entitled An act for the relief
Of the inhabitants Of the cities and towns upon
THE public iDds.'" All judgments and DEGREES
Heretofore rendered by the probate courts
which heTe been executed, and the time to
appeal f0m which has by the existing lsws of
SAID Territory expired, are hereby validated
and Confirmed. The Jurisdiction heretofore
conferred upon justices Of the peace by the
ergaric act Of said Territory is extended TO all
0 ease where the debt or cum claimed shall be
Sess than three hundred dollars. From all
EDal judgments Of justices Of the peace an
kbDeal shall be allowed to the district courts
a their respective districts, in the same man
her as is now provided by the laws Of said Ter
TitUry for appeals TO the probate courts; and
from the judgments Of the probate courts an
appeal shall lie 10 the district court Of the dis
trict embracing the county in WLich such pro-
bate court IS held il such cases and in such
manner as the supreme court Of said Territory
may, by general rules framed for that purpose,
SPECIFY sud 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 jus
tees and probate courts to the district court
Of their respective districts IN cases where judg-
lnents have been heretofore rendered and re-
main UDeIecuted; but this provision shall not
enlarge the time for taking an appeal beyond
the pariods now allowed BY the existing laws
Of said Territory for taking appeals. A writ
Of error from the Supreme Court Of the United
States 10 the supreme court Of the Territory
Shall lie in criminal cases, where the accused
shall have been sentenced TO capital punish
Enent or convicted of bigamy or pOlygamy.
Whenever the condition Of the business 10 the
District court Of any district is such that the
Judge Of the district is unable TO DO the same,
BE may request the judge Of either OF the other
districts 70 assist him, and, upon such request
made, the judge so requested may hold the
whole CT part Of any term, or any branch there
OF, and Eis acts as judge shall he Of equal force
ss If he were duly assigned to hold the courts
In such district.
: Sec. (. That within sixty days after the pass
age 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 tAs county in which the district
court is next 10 be held, she'll prepare jury |
tist from which grand and petit jurors shall Be !
Drawn, to serve 10 the district courts, Of such
district, until new list shall be made as herein
provided Said clerk and probate Judge shall !
alternately SELECT the name Of male citizen
bf the United States who has resided in the |
district for the period Of six months next ure- |
cediGg, and who can read and write in the |
Englisb language; and, as selected, the name |
and residence OF each shall be entered unon
4he list, until the same shall contain two hun |
dred names, when the same shall be duly GER
lifted by such clerk and probate Judge; and |
the same shall be fled In the Office Of The !
Clerk Of such district court, and duplicate |