New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-17

lowed 70 the distric: courts OF tneH
respective districts, in the same manner T a.
il now provided by the laws Of said 1erri,
tory for appeals to the probate courts anu
from the judgments Of the prooa'e courts
an appeal shall lie 70 the dlstrlcs cour! ~
the district embracing the county IN whicn
such probate court is held IN sucn cases "no
in such manner as the supreme court OF said
Territory may, by general rules frameo lo5
TIA. purpose, specify and designate anu
such appeal shall vacate the Judgment ap-
Yealel from, and the case shall be tr-eo Ne
novo in the appellate court. Appears NAY
lie taken from both Justices and pro-
bate courts to the district couiD .s os
their respective districts IN cases
where judgments nave teen hereto
fore rendered aud remain unexecuted; ou1
this provision shall not enlarge the time i0r
taking an appeal beyond the periods no"
allowed by the existing laws VI said Ter
r:tory for taking appeals. A "ris OF error
rom the Supreme Court Of the Cnlteo
States TO the Supreme Court OF the Terri
.c:v .bal: lie il criminal cases. where Inc
accused shall. have been sentenced 10
capita. punishment. or convicted OF plsamy
or pvlvgamy. Whenever the condition
o. III. business IN the district court OF any
.ist.:c. is such that the judge OF the dis-
tic. - unable 10 do the came. he may re-
cues. The Judge Of either OF the other ols-
&c
,.a,!e. tie Judge so requested may hoId 1ne
; who. or part .: any term. or any branch
thereof. and hi. acrs az judge shall be OF
(: en,!ai force a. II he were duly assigned ID
! he'd courts in such district.
! SEC 1: TEA. within sixty days from the
! rassa.e OF this act. and IN she month OF
! January annually thereafter. the CLERK OF
+! .ne district court in each judicial district.
4: ard ire Judge OF probate OF the county IN
, yI;c. tie district court is next TO be held.
| shai. prepare a jury LIST from which grand
| an,! nett, jn.ors shall be drawn, 20 serve IN
| the district courts. Of such district, until
| new list shall be made as herein pro-
| v:Gad, said clerk and probate Judge
! si,a!! alternately select the name OF male
c;,;zsn Of the United States who has re-
| SIDED in the .iistric. for'the period OF sly
! months next preceding. VINO can read anu
Z; write III the English language: and, as Sc
| !ccted the name and residence OF eacE
! shall! BE entered upon the list. untli tLe
| same shall contain two hundred names.
when the same shall BE duly certified by
; s.1ch clerk and probate Judge: and the same
! shall be- fled in the office OF the clerk OF
/: such district court. and a duplicate copy
+, .l.., be made and certified by such officers,
! end filed in the office of said probate judge.
| Whenever a grand or petit jury is 10 be
+: Drawn to serve at any term OF u1strlct
court. the judge Of such distrlc: shall give
! public notice of the TINE ard place OF the
drawing OF euch jury. which snail Ne at
!. ,ueuc Of such term: and On the day and at
the place thus fixed. tine Judge OF such DIS
! t-ct shall hold an open session OF MS
: ccur:. and shall preside at the drawing Ut
such iu.y: and the clerk Of the court shall
write the name Of each person on the jury
lists returned and FLED N his office upon
separate piece OF paper. as nearly a. prac,,
y %S,n -
such slips shall. by the clerk, in open
court. be ,..aceG in a covered boz and thor.
ouglly mixed ami mingled: and thereupOn
Tie United S.a.es marshal, or his deputy.
sinai. proceed 70 fairly draw by lot from said
box such humble: OF names as may have
previously been directed by said judge; and
i both grand ana pet!, jury are to be
drawn. the grand Jury shall ne drawn first;
an.: when the drawing shall! have been con.
Guided the clerk CT che district court shall
issue veni-e 10 toe marshal or his deputy.
] Ii.ectin. HIM to summon the persons So
drawn. and the same shall be duly served
On each OF the pelsous SO drawn at least
seven DAYS befOle the commencement OF
the term at whi..I ttey are to serve: and
| the Jurors SO drawn and summoned shall
constitute IL. ra,,.la. grand and petit juries
ior Vie term 10. all cases. And the names
thus draw. tro:n til. box by the clerk shall
! no. be return IL 70 * AGAIN placed IN ea)u
box anti a L. Jury lis: shall be made. II
during an trm Of the district court any
addiciona! grand or petty jurors shall De
necessary. TIN. sane .llal! oe drawn from
, said oox by tbs United states marshal IL
! omen cour:. hu. j. the attendance OF those
i, drawn can H.: I've obtained in a reasonable
time, othc. names may he drawn IN the
same manner Each party whether in c!vl!
| or criminal cases. shal. be allowed three
2eremptoiy challenges except in capital
! cases whe re me prosecution and the defense
shat. eaci! Ue allowed fifteen challenges.
In criminal eases. the court. and not
| the Jury, shall pronounce the punishment
under the limitation prescribed bc law.
! The grand jury Nus: inquire into the case
of every person imprisoned within the dis
/ ,rict on a criminal charge ard not indicted:
into the condition and management OF the
rublic prisons within the district: amt into
the wilIfu', current MiscCnduc: IN office OF
| public osicecs Of every description within
me district: an! they are also entitled to
tree access. at all reasonable times. to the
public prisons. and 70 the examination,
without charge OF al! public records within
! the district.
SEC ). Tia: there shall be appointed by
the governors OF sad Territory one or more
notaries public for each organized county
whose term .: office shall be two years. and
! until she.c successors sha.. be appointed
anu Gua!IUcU. lie az Ci .Lc ASSASAG'A
assembly of the Territory of Ctah entitled
IAN act concerning Ietavies public ap
| proved January seventeenth, eighteen hun
bred and sixty. sig. IS hereby approved. ex
cept tie frs. section thereof. which. II
hereby disapprcveG: prov.Gea. TIA. where
ever. n said ac,, the words probate uoge
or ..c,rk of probate cour:" are used the
words secretary OK the Territory" sha.i ot
substituted. >,
SEC. g. Tha: the supreme ccur: OF said
Territory is hereby authorized 70 appoln
commissioners Of said court, VINO shall! nave
and exercise az the duties of Commissioners
of tie c;rcu;. courts of the United States
and 20 take Acknowledgements Of bail: and
il addition. they shall. have .he same al
! thority as examining and committing mag
;strates in al! cases arising under the law
, Of said Territory az is now possessed D.
justices Of the peace in said territory.
SEC. Z. That the act of the terrlsoria
legislature Of the Territory OF Utah; entl
tied An act III relation 70 marshais ana al
torneys.'s approved March third elgnteel
Hundred and tfty-two. and a.! laws Oh SAT-
Territory inconsistent with :he provision
of thi. ACT. are hereby disapproyed. Tn
: &C, oflthe Congress of the United States. en-
.. | titled IAN act to regulate the fees and cost
! TO b.. allowed clerks, marshalS and attOr
news of the circui: and district courts o
! ! ,be United States, and for other purposes,
anproyed February .wenty-sixth, elghteel
: Kindred and fifty-three. is extended owe
: and shall apply to the tees Of like officer
| in said Territory Of Utah. But the distric
! attorney shall not by fees and salary. to
| gether receive more than th!rty-nve nun
dred dollars per year: and all tees or mon
! evs received by him above said amour
/: ! shall be paid into the treasury OF h
| T,;&cI Sfatos