The Albany register. [volume] (Albany, Or.) 1868-18??, 1874-11-13

place of return of the same, except |
that when it shall be necessary to con- |
vey any person arrested by legal a,l- |
tllority out of the county i'll which he |
IS arrested, said marshal shall be ELI |
titled to mileage for the whole distance
necessarily travelled III delivering the
person so arrested before The court or
officer ordering such arrest. Said mar |
shal IS herebs authorized TO appoint us
many deputies as may be necessary. |
each hf whom Shal have authority. in
the name OF said marshal. to perform
any act with like effect and i'll like
manner as said marshall; and the mar
silal shall be liable for all official acts
OF such deputies, as if Gone by him
self. Such appointment shall not be
complete until he shall give bond to
sald marshal, with streties, to be by
hlm approved. i'll the penal sum OF ten
Thousand dollars, conditioned for the
faithful discharge of his duties: and he
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 filed and re-
main i'll the office of the clerk OF the
supreme court of said Territory. In
actions brought against said marshal
for the miSfeasance or non-fGasance
of any deputy it shall be lawful for
the plaintiff at his option. to join the
said deputy and the sureties on his
bond with said marshal ahd his snre-
ties. Any process either civil or crinl-
mai retrnable TO the supreme or dis
trict courts, may be served III any
county, by the sheriff thereof or his
legal deputy, and they may also serve
amy other process which may be atI-
thorlZeu by act of the territorial legis-
latIre.
See. ?. That it shall be the duty of
the United States attorney in said Ter
ritory i'll person or by an assistant, to
atten all the courts of record having
jurisdiction of otfeiIses as well Under
the laws OF said Territors rs of the
United States, and perform the duties
OF prosecuting officer in all criminal
cases arising in said courts, and 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 appoint
ment and oath shall be filed and re-
main in the Office of the clerk of tie
supreme court Of said Territory; The
| United States attorney shall be en-
titled to the same fees for services rem
]
be entitled to for the same services if
rendered by himself. The Territorial
| legislature may provide for the elec-
tion of a prosecuting attorney III the
any county; and such attorney. if
authorized SO to do by such legislature
| may commence prosecutions for of
fenses under the laws of the territory
within such county, and if such prose-
cution is crrried to the district court
| by recogniZance or appeal, or other
/ wise may aid in conducting the prose-
cutiou III such court. And the costs
| and expenses of all prosecutions for
offenses against any law of the terri
torial legislature shall be paid out of
the treasury OF the Territory.
Sec. g. That there shall be held i'll
each year two terms OF the supreme
court of said Territory. and toulsterms
of each district court. at such times as
| the governor of the Territory may by
| proclamation fix. The district courts
shall have exclusive original jurisdic-
| tion in all suits or proceedings in
chancery. and III all actions ut law in
which the sum or value Of the thing in
| controversy shall be three hundred
dollars or upward. and i'll all contro-
| versieS where the title. possession. or
boundaries OF land. on mines or min
ing claims shall be in dispute. what
ever their value. except in actions for
torcible entry or forcible and unlawful
detainer; and they shall have jurisdic-
ton in suits for divorce. Probate
courts in their respective counties
shall have jurisdiction i'll the settle
ment of the estates of deeedents, and
and in matters of guardianship and
rther like matters; but otherwise they
shall have no civil. chancery. or Grim
| inal jurisdiction whatever they shall
have jurisdiction of suits of divorce foI
statutory causes cOnclIrrently with the
district courts; but any defendant Ill 4
suit for divorce commenced in 4 pro
bate court shall be entitled after ap-
pearance and before plead or answer,
to have said suit removed to the dis
trict court having jurisdiction, when
said suit shall proceed in like manner
as if originally commenced i'll salt
district court. Nothing in this sacI
shall be construed to impair the au-
thority OF the probate courfS TO enter
land in trust for the use and benefit ol
the occupants of towns in the various
counties of the Territory of tab, ac-
cording to the proviifens Of An act
for the relief Of the inhabitants OF
cities and towns upon public lands,
: approved March second. eighteen hun
dred and sixty-seven and IAN act tC
amend an act entitled An act for the
relief of the inhabitants of cities and
towns upon the public lands. ap-
proved June eighth, eighteen hundred
and sixty-eight; or to discharge the
, duties assigned to to the probate
Judges by an act of the legislative as
) sembly of the Territory OF Utah ell
: titled IAN act prescribing rules and
T regulations for the execution of the
. trust aeising under an act OF Congress
, entitled An act tor the relief OF the
inhabitants of cities and towns upon
the public lands - All judgments
and DEGREES heretofore rendered by
the probate courts which have been
executed, and the time to appeal fron
| which has by the existing laws OF salt
; Territory expired, are hereby valida
t ted and confirmed. The jurisdiction
heretofore conferred upon justices o.
the peace by the organic act of salt
Territory is extended to all case:
where the debt or sum claimed shal
he less than three hundred dollars
: From all final judgments of justices Q
5 the peace an appeal shall be allowed
: TO the district courts of their respect
i've districts. in the same manner as il
now provided by the laws of said Ter
/ ritory for appeals to the probate courts
: and prom the judgments OF the pro
, bate courts an appeal shall lie to th'
2 district court of the district embracin:
2 tie counsy in which such probat,
} court is held in such cases and in sucl
manner as the supreme court of salt
+ Territory may, by general rules fram
1 ed for that purpose, specify and des
;yuata and such aDne;tl shall yacat,
the Judgment appealed from, and th
case shall be tried de novo in the ap
I pellate court. Appeals may be takel
E t..,,,, hotll I1sticeS, and nl.nhafn a.nlIt