Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1874-09-07
OFFICIAL.
AVIS OF THE UNITED STATES.
,..,.a NJ me First Session Of the Forty-7hird Con
faeos~ - grss8.
GENERAL NATuHE-No. 1oe ]

hp ~ ." THAT it shall be the duty OF the United
states marshal Of the Territory OF Utah, In person
shS IDENTITY. to attend all sessions Of the supreme
md isr ct courts In said Territory and TO serve
d execute all process and writs Issued out Of and
ali orders, judgments, anu DEGREES made by, said
indpe otherwise order In any particular case. All
proeess, wrs, or other papers left with said
hoi or either of his deputies, shall be served with
sum , ioIav and In the order In which they are re-
ceyed. upon paym Mt or tender OF his legal fees
ts erefor; and 1t shall be unlawful for said marshal
N demand or receive miaRe for any greater distance
han me actual distance by the usual routes from
The place of service or execution OF process, writ.
or other paper to the place OF return OF the same,
oyeeDt when II shall be necessary 10 convey any
nerson arrested by legal authority out of the county
In which he is arrested, said marshal shall be en-
titled to mileage for the whole distance necessarily
tryeed In delivering the person 80 arrested before
tho court or officer ordering suoh arrest. said mar
shsl ia hereby authorized TO appoint as many depu-
Ties as may be necessary, each OF whom shall have
act with like eff ct and in like manner ps said mar
shal and the marshal shall be liable for all Official
acts Of such deputies, as II done by himself Such
1--WE bond TO said marshal with sureteH TO be by him
improved, In the p5nal sum Of ten thousand dollars,
conditioned for the fai hfu discharge of his duties
and he shall also take and subscribe the oath
prescribed by law to be taken by said marshal. and
said appointment, bond and oath shall he filed and
remain In the office OF the clerk OF the supreme
court Of said Territory In actions brought against
said marshal for the misfeance or non-feance Of any
an, deputy Il shalbe lawful for the plaintiff at his
his bond with said marshal and his sureties. ANY
mOcess either civil or criminal returnabe to the SUI
preme or district conrts, may be served in any
county, by the sheriff thereof or his legal deputy
and they may also serve any other process which
may authorized by act of the territorial legislature
SEC That 1t shall be the duty Of the United States
attorney in said Territory In person by an assist
ant to attend all the courts OF record having jurs-
jciion Of ofenses well MS under the laws OF said
Territory as of the United States and perform the
duties OF pI osecuting officer In all criminal cases
arising said courts aud he Ia 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 he filed and
remain In the office OF the clerk OF the supreme
court OF said Territory The United st ties attorney
shall he entitled TO the same fees for services rem
lered by assistants as he would be entitled to for the
services II rendered by himself The territorial leg
stature may provide for the eleotlon OF prosecu-
ting attorney in any county and such attorney, II
authorized 80 to do by such legislature, may COM
mence prosecutions for such offenses under the
laws OF the Territory within such county, and II
such prosecution Is carried TO the district court by
recOgnizance or appeal, or otherwise may aid in
conducting the prosecution In such court And the
costs and expenses OF all prosecutions for oenses
against any law OF the territorial legislation shall
be paid out Of the treasury OF the Territory
SEC That there shall be held In each year two
terms OF the supreme court OF said Territory and
four terms OF each district court at such times
the governor of the Territory may by proclamation
DIX The district courts shall have exclusive original
Jurisdiction In all suits proceedings In chancery,
and In all actions at law in VIII oh the sum or value
o. the thing In controversy shall be three hundred
dollars or upward. and In all controversies wheee
the title, posspssion, or boundaries OF land mines
or mining claims shall be in dispute whatever their
value except In actions for forcble entry forcl-
Die and unlawful detalner; and they snail have ju-
rsdctlon In suits for divorce. Probate courts, In
their respective counties shall have urisd. ton In
the settlement of the estates of decedents, and in
matters OF guardianship and other like matters;
but otherwise they shall have no civil chancery, or
criminal Jurisdiction whatever; they shall have ju-
rsdction Of suits OF divorce for statutory causes
To-
lendant In suit for divorce commenced IN a pro-
bate court shall be entitled after appearance and
before plea or answer. TO have said suit removed 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 snail be construed TO impair the authority OF the
probate courts TO enter land In trust for the and
henent OF the occupants OF towns In the various
counties In the Territory OF Utah. according to the
provisions OF On act for the relief OF the nhabi-
iants OF cities and towns upon public lands.n ap-
proved March second, eighteen hundred and sixty
seaen and An act to amend an act entitled An
act for the relief OF the inhabitants OF the cities and
towns upon the public lands,' approved June
elRh'h, eighteen hun"red and sixty eight or to
discharge the duties assigned to the probate Judges
by an act OF the legislative assembly OF the Terrific
Ty OF Utah entitled 90 An act prescribing rules and
regulations r the execution OF the trust arising
unuer an act OF Congress entitled An act for the
elief o. the Inhabitants OF cities and towns upon
lhe public lands' " All Judgments and DEGREES
heretofore rendered by the probate courts which
nave been executed, and the time to appeal from
which has by the existing laws of said Territory
EXPIRED. are hereby validated and confirmed, The
lurstion heretofore conferred upon Justices OF the
peace by the organic act OF said Territory is eX-
tended TO all cases where the debt or sum claimed
snail be lass than three hundred dollars From all
gna Judgments OF justices of the peace appeal
snail be allowed to the district courts OF thes res
pectye districts, in the manner Is now pro-
tlded by the laws OF said Territory for appeals to
he PROBATE courts and from the Judgments OF tire
PROBATE courts an appeal shall lie 10 the district
court OF the district embracing the county in which
SUCH probate court is hald In such aud In such
ri nf gafl fnrV u
W general rules framed for that purpose, specify
anu designate, and such appeal shall yacate the
uugneht appealed from, and the case shall be tried
le hOvo In The appellate court. Appeals may be
iaken from both Justices and probate courts to the
uslIlct cou OF their respective districts in cases
where 1udgmt nts have been heretofore rendered
and remain unexecnted but this provision shall
not enlarge the time for taking an appeal hey nd
Ne periods now allowed by the existing laws Of said
territory Tor taking appeals. writ of error from
Inc supreme Court of the Uuited States to the
preme court OF the Territory shall lie In criminal
eases where tho accused shall have been sentenced
" captal punishment or convicted OF b'gamy OF
poygamy. Whenever the condition OF the business
~ me district court of any district Ia such that the
Judge OF the district is unable TO do the same, he
may request the Judge Of either of the other dis
.Ilcts u assist him, and upon such request made
me Judge 30 reques ed may hold the whole or part
o. any term, or any branch thereof and his acts AZ
juge shail be OF equal force as II he were duly as
signed To- hold the couats in such district
,SN That within sixty days after the passage Of
.iis act, and In the month of January annual,
lnerea er, the clerk of the district court in each u
uolal district and tue judge OF probate OF the couI
y ~ wnlch the district Is next TO ne held, shall pre-
psre Jury list from which grand and petit Juror
sha Drawn to serve in the district courts OF suci
district, until new list shall be made us he ell
provided, SAID clerk and probate judges shall alter
ua,ey select the Nome OF male citiztn of the Uni
.eu states who has resided in the district for tn,
pefou OF SIX months next preceding, and who cal
ieau anu write in the English language and, as Sc
hcten the uame and residence OF each shall be en-
teie1 unon the iat, untl the same shall contain twI
Ch r names when the same shall be duly cert
snal be fed In the office of the clerk OF such dis
uicl court. and duplicate copy shall be made an
e tneu Dy such Officers, and filed in the ONCE
sau preDaie Judge. Whenever grand or peti
aiy II TO he drawn to serve at any term of dIstrc
vourt, lhe ludne OF such district shall give publ
Inllre OF the time and place of the drawing OF sue
uiy, which shall be at lesst twelve days before tn
announcement OF such term; and on the day an
~ , .Ie Place thus nxed the judge OF snch ds'ric
snall nolu an open session of his court, and sha
p,'sue nj the drawing OF such jury, and the cler
VI huch court shall write the name of each perso
separate slip OF paper, as nearly as practicable
,e zane size and form and all such slips shall,
re vierk IN open court, be placed in covered bo
, INV thoroughly mixed and mingled and thereupO
a le |, hled States mBrshal, his deputy shall pre-
ecu 70 ialrly draw by lot from said box such nun
vi VI names as may have previously been dlrecte
'y s "a, lungei and If both grand and petit 1ur
sn W ue uIawn, tina grand jury shall be drawn mrs
1ho ~neh the drawing shall have been concluded
~, Ky vle1k OF The district court shall issue venre
me-, a'e marshall oa his deputy, directing him 10 sum
O I se persons SO drawn and the same shall
GUY served on each OF the persons so drawn at leas
az ,v , nays before the commencement OF the tern
~ "alen lney are TO serve and the Jurors draw
ana sumnlone shall constitute the regular gran
n petlt Jufles FOR the term for all cases. And III
nanles thus drawn from the box by the clerk sha
m Wy returned 10 or again placed In said box unit
LEV nuW Jury list shall be made. II during any teri
nrors gstIict court any additional grand or pei
tha hall ba aul