Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-08-26
GENERAL sAruRs-No. 1887

lGRNHRAL NATCRE-No. 1851
Az ACT IN relation TO courts aud iuaiciAl OH
GERS in the Territory Of Utah.
BE IL enacted by TIE Se-.ate and House Of Repre-
sentdtiuss Of the Uaited States If America Con-
GTeSs assembled, That it shall be the duty OF the
United States marshal OF the Territory OF Utah,
IN person or by deputy, TO attend all sessions OF
the supreme and districts courts in said Terri
tory, and TO serve and execute all process and
writs issued out OF, and all orders, Judgments
and DEGREES made by, said courts, or by any
judge thereof, unless said court or judge shall
otherwise order in any particular case. All pro-
cess, writs, or other papers left with said mar
shall, or either of his deputies, shall be served
without delay, and In the order in which they
are received, upon payment or tender of his
legal fees therefor; and IL shall be unlawful Cor
SAID marshal TO demand or receive mileage for
any greater distance than the actual distance
by the usual routes, from the place OF service or
execution OF process, writ, other paper, TO the
place of return OF the same, e kept that when
it shall be necessary TO convey any person ar
rested by legal authority oct Of the county in
which he If arrested said marsh al shall be enti-
tied to mileage for the whole distance necessari-
~ Travelled in delivering the person 50 arrested
before the court or officer ordering such arrest.
said marshal is hereby authorized TO appoint
az many deputies rs may be necessary, each of
whom shah have authority, in the name OF said
marshal to perform any act with like effect aud
in like manner as said marsha al; and the marshal
ehall be liable for all Off cal acts OF such depu-
tles, as IL done by himself. Such appointment
shall not be complete until he shall give
bond 10 said marshal, with sureties, to be by
him approved. In the penal sum Of ten thousand
COnQluOne0 the faithful discharge
of his duties, and he shall also take and SUBJ
scribe the same oath prescribed by Law TO be
taken by said marshal, and said appointment
bond and oath shall be filed and remain In the
office OF the clerk of the supreme court OF said
Territory. In actions brought against said m ar
shal Tor the mafeassnce or non-feasance Of any
deputy it shall be lawful for the plaintiff at his
option, to join the said deputy and the suretes
on bis bond with said marshal and his sureties.
Any process either civil or criminal returnable
TO the supreme or district courts, may be served
m I'm charsf 81 ~. L..
deputy, and they may also serve any other pro-
cess which may be authorized by act OF the ter
ritorial legislature.
SEC. 2. THAT il shall be 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 as well
under the laws of said Territory as of the
United States, and perform the duties of pros
ecutiDg officer in all criminal cases arising in
said courts, and he is hereby authorized TO APP
point as many assistants as may be necessary,
each OF whom shall subscribe the came oath a.
is prescribed by law for said United States at
torney, and the said appointment and oath
shall be fled and remain In the Office OF the
clerk of the supreme court of said Territory.
y he United States attorney shall be entitled TO
the same fees for services rendered BY said as
services if rendered by himself. The territorial
legislature may provide for the election of a
prosecuting attorney in any county; api such.
attorney, IL authorized 50 to do by such Iegisls-
iure, may commence prosecutions for offenses
under the laws OF the Territory within such
",
district couI by recogniz appeal or other
wise may aid in conducting the prosecution in
said court. And the costs and ex pensss of all
prosecutions for otfeuses against any law Of the
territorial Legislature snail be paid out Of the
treasury of the Territory.
| SEC. 3. That there sban 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 fix. The district courts shah
have exclusive original jurisdiction in all suits
n m ri IN all aetio
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 title,
possession, or boundaries Of land, or mines or
mining claims shall be in dispute, whatever
their value, except in actions for forcibe entry
or forcible and unlawful detainer; and they shall
have jurisdiction in suits for divorce. Probate
courts, in their respective counties, shall have
jurisdiction in the settlement of the estates of
other like matters; but otherwise they shall have
no civil, chancery, or criminal jurisdiction
whatever; they shall have jurisdiction Of suits
OF divorce for statutory causes concurrently
with the district courts; but any defendant in .
suit for divorce commenced in q probate court
shall be entitled after appearance and before
| TO the district court having Jurisdiction, when
| said suit shall proceed In like manner as
Ii originally commenced in said district court
| Nothing in this act shall be construed to i'm
| pair the authority Of the probate courts to en-
ter land in trust for the uee and benefit of the
| occupants OF towns in the various counties Of
the Territory of Utah, according 70 the provis-
ions Of San act for the relief OF the Inhabitants
| OF cities ard towns upon public lands" ap-
| proved March second, eighteen hundred and
sixty.seven, and San act ITO amend an act en-
titled IAN act for the relief Of the inhabitants
OF cities and towns upon the public lands -
| approved June eighth, eighteen hundred and
sixty EIGHT; or to discharge the duties assigned
to the probate judges by an act Of the legisla-
tive assembly Of the Territory of Utah entitled
IAN act prescribing rules and regulations for
the execution Of the trust arising under an ect
Of Congress entitled AN act for the relief of the
L Inhabitants OF cities and towns upon the public
lands" AN judgments and DEGREES hereto
/ fore rendered by the probate courts which have
| been executed, and the time to appeal from
which has by the existing laws Of said Territory
| The jurisdiction heretofore conferred upon
justices Of the peace by the organic act OF said
Territory Ia extended to all cases where the debt
/ or sum claimed shall be less tn an three ndred
1 CELLARS. From all final judgments of Justices of
the peace An appeal shall be allowed 70 the dis
trict courts OF their respective districts, In the
ssS Te1rory sbs Ss sws ..
| and from the judgments of the probate courts an
appeal shall lie 70 the district court Of the dis
bate court is held in such cases and in such
manner a. the supreme court OF said Territory
may, by general rules framed for that purpose,
yscats the .pps.isd o% and she
case shall b tried de novo In the appellate
court. Appeals may be taken from both jus
their respective districts in cases whore judg-
| ments have been heretofore rendered and 70.
l main unsxecuted; but this provision shall not
| enlarge the time for taking an appeal beyond
tbe- PERIODS now allowed BY the existing laws Of
errsr from the supreme tolrt Of the United
States to the supreme court Of the Territory
| shall lie in criminal cases., where the accused
| shaIl have been sentenced to capital punish
| ment or convicted Of bigsmy or polygamy.
| Whei ever the condition Of the business In the
| dutrict court Of any district u such that the
| Judge Of the district 10 unable 70 do the same
be nay request the judge Of either Of the other
districts to assist him, and, upon such request
made, the judge % requested may hold the
| whole or part Of any tsrm, or any branch there
Of, and his acts - Judge snail be Of equal force
ssr he we're duly ssdSnsd 10 hold ne courts IN
$40. 4. That within sixty days Altar the 30
eage Of this oct, and In the month Of January
| annually thereafter, TIE clerk Of the district
court IN each judicial district, and the 5adgs Of
probate Of the county IN vhich TIE diSl.ict
from which grsnd ana psdt Jurors shsn b
| drawn % serve In ne di6txioe courts, 81 sash
diszicts, until new liR shalI - made
- herein provided. Said c!esk snd probese