Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-11-05
OFFICIAL
Laws OF the United States Passed at
the First Session OF the FOrty-Third
Congress.
GENERAL NATURE-No. 1881
AN ACT in relation to courts and judicial OH
GERS in the Territory OF Utah

GERS in the Territory of Utah,
Be it enacted 6y the Senate and House of Rep
TeSentati0es of the United States of America in
Congress assembled, That it shall be the duty
OF the United States marshal of the Territory of
ct4h, In person or by deputy, to attend all ses-
sloas Of the supreme and district courts in
all processes and writs issued out Of and all or
oeI. uers. judgments, and decrees made by, said
or judge shall otherwise order in any particular
with said marshsI' or eitIer Of biI denHties
shall be served without delay, and in the order
in which they are received uDon payment OF
tender of his legal fees therefor; and it shall be
unlawful for said marshal to demand receive
mileage for any greater distance than the actual
distance by the usual routes from the place of
service or execution of process. writ OF other
that when it shall be necessary to convey any
county in VIII ich he is arrested said marshal
shall be entitled to mileage tor the whole dis
tance necessarily Travelled in delivering the per-
son so arrested before the court or ofieer order
ing such arrest Said marshal is hereby author
lZed to appoint as many deputies as may be nee
in the name of said marshal, to perform any act
With like effect and in like manner as said mar
shal and the marshal shall be liable for all Off
clal acts of said deputies, done by himself
such appointment shall not be complete until he
snail give bond to said marshal, to be by him ap-
proved IN the penal sum of ten thousand dollars,
conditioned for the faithful discharge of his du-
ties; and he shall also take and subscribe the
marshal, and said appointment bond and oath
snail be filled and remain in the ofice of the
Y, L
acIonS brought against said marshal for the
mIsIeasance or non-feasance of anv deputy if
shaI pc laWful for the plaintiff at his option, to
JOIN the said deputy and the sureties on his bond
with said marshal and his sureties ANY pro
cess either civil or criminal returnable to the
supreme or district courts, may be served in any
county, by the sheriff or his legal deputy and
they may also serve any other process which
lature.
SEC. 2 That it shall be the duty of the United
otates attorney IN said Territory in person or by
assistant, to attend all the courts of record hav-
IN ing jurisdiction " OF o11enses as well under the
Jaws OF SAID territory as of the United States
ana perform the duties of prosecuting officer in
an criminal cases arising in SAID courts. and he
IS hereby authorized to appaint as many assist
ants as he may deem necessary each of whom
SNAIL subscribe the same oath as is prescribed by
law Iof sald nlted states attorney. and the said
appointment and oath shall be filed and remain
IN the 01hce OF the clerk OF the supreme court of
saio territory, The United States attorney
shall be entitled to the same fees for services
rendered by said assistants as he would be enti
self The territorial legislation may provide for
the election of prosecuting attorney in any
county; anc such attorney, If authorized to
do by such legislature, may commence prosecu-
tIOns for Ofenses under the laws of the Terri
tory within such county, and if such prosecution
is carried to the district court by recognIzance
orappeal, or otherwise mag aid in conductin g
the prosecution IN such court. And the costs
and expenses of all prosecutions for offenses
against any law Of the territorial legislature
snail he paid out Of the treasury Of the Terrific
SEC. 3. That there shall be held in each year
two terms of the supreme court of said Terrific
ry and four terms of the district court at such
times as the governor OF the Territory may by
proclamation fix. The district courts Shall have
exclusive original jurisdiction in all suits or pro
ceedings in chaneery and in all actions 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 foreible entry or forcibIe and un-
lawful detalner; ana they shall have jurisdic-
tion in suits of divorce. Probate courts in their
respective 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 shal! have civil, chan
Gerry; or criminal Jurlsdlctlon whatever; they
| shall have jurisdiction of suits divorce for
statuary causes concurrently with the district
courts; but any detendent IN s1lt for divorce
commenced in probate court shall be entitled
after appearance and before plea or answer, to
| ing jurisdiction. when said suit shall proceed in
| like manner as if originally commenced in said
district court. Nothing in this act shall be con-
| Strued to impair the authority of the probate
o3FtS 70 enter iand IN trust Tor the use and ben
| ehC OF thes occupants OF towns in the various
| counties of the Territory of Utah, according to
the the provisions of An act for the reliet of the
| Inhao!tants of cities and towns upon public
| lands approved March second, eighteen hun
act entitled An act for the relief of the inhabi-
| tantS of cities and towns upon the public
dd dands. "a approved June elghtn, eighteen @ n nun
assigned to the probate judges by an act of the
tegisatIve assembly Of the Territory of Utah en-
| tltled An act prescribing rules and regulations
| for the execution of the trust arising under an
the Inha6ltants of cities and towns upon tht
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
The jurisdiction hereby conferred upon Justice:
OF the peace by the organic act of said Territory
| IS extended to all cases where the debt sun
claimed shall be less than three hundred dollars
| from all final judgments of justices of the peace
an appeal shall be allowed to the district courts
OF their respective districts, in the same manner
as is now provided by the laws of said Territory
20 20 the fe ana IRON tnf
lie to the district embracing the county in which
such probate court is held in such cases and il
such manner as the supreme court of said Terri
tory may, by general rules framed for that pur
pose specify and designate, and such appea
sh91 Vacate the Judgment appealed from, ant
the case shall be tried de novo in the appellate
court. Appeals may be taken from both justices
and probate courts to the district court of the
respective districts in cases where Judgm ent
have been heretofore rendered and remain unex
ecuted but this provision shall not enlarge thu
time for taking an appeal beyond the period
now allowed by the existing laws of said Terri
the Supreme Court of the United States to tn
supreme court of the Territory shall lie-fn Grim
inal cases, where the accused shall have bee1
sentenced to capital punishment or convicted O
, bigamy or poligamy. Whenever the condition
trict is such that the Judge of the district is un
5 able to do the same, he may request the judge o
either OF the other districts to assist him, and
upon such request made, the judge requeste
: may hold the whole or part of any term
or any branch thereof and his acts as judge shal
be OF equal force as if he were duly assigned t
hold the courts in such district.
SEC 4. That within sixty days after the pas
sage OF ChlS act and in the month of Januar
, annually thereafter, the clerk of the distric
court IN each judicial district, and the judge c
is next to be held, shall prepare jury-lfst fror
which grand and petit jurors shall be drawn t
e til a new list shall be made as herein provided
Said clerk and probate judge shall alternatel
Select ChG name OF male citizen of the Unite
States VINO has resided in the district for the DC
ROO OF SIX months next preceding and who ca
] fead ana write the English language; and, a
selected, the name and residence of each sha
be entered upon the list, until the same sha
be duly certified by such clerk and probate iudr
and the same shall be filed in the office Of tn
cIerK OF salq district court, and duplicate COP
, shall be made and certified by such officers an
, filed in the office of said probate Judge Wher
at any term of district court. the Judge of sc
district shall give public notice of the time an
n place OF the drawing of such jury which shall
at leaSG twelve days before the commencement
: Of such term; and on the day and at the pIat
thus hNed, the judge of such district shall hol
an open session of his court, and shall preside
inc craving w6 OF such jury; and the clerk of sue
the Jury lists returned and fled in his office III
e on separate Slip OF paper. as nearly as pract
1 cable OF the same size and form: and ali suC
It slips shall by the clerk in open court be placo
IN ma q covered % box and thoroughly mixed and mii
gled ana thereupon the United States marsha
), Or his deputy: shall proceed to fairly draw /
: lot from said box such number of names as m
" nave previously been directed by said iudg1
and If both grand and petit Jury are to |
drawn: the grand jury shall be drawn first; an
e the clerk of the district court shall issue yen
>, to the marshall or his deputy, directing him
IF shall be duly served each of the persons $
drawn at least seven days before the commence
ment OF the term at which they are to serve
.e anu the Jurors so drawn and summoned shall Co
stltute the regular grand and petit juries fC
d the term for all cases. And the names th
,Y drawn from the box by the clerk shall not be r
u turned to or again placed in said box until a ne
- Jury,!lst snail be made. Ii during any term
the district court any additional grand or pei
Jurors shall be necessary, the same shall
drawn from said box by the United States ma
Il shaI IN open court; but if the attendance of tho
~ drawn cannot be obtained in q reasonable tin
q other names may be drawn in the same manne
Eacn party whether in civil or criminal cas-
III shatl pc allowed three premptory challenges c
~ cept IN criminal cases where the prosecution III
l0 the defense shall each be allowed fifteen chaIle
sr ges. IN criminal cases. the court and not the
ry, shall pronounce the punishment under t
ne limitation prescribed by law The grand ju
= must inquire into the case of every person il
:, prlSoned within the district on criminal char
:. and not indicted; into the condition and manal
~ ment OF the public prisons within the distri