Smyrna times., 1874-11-11
GENERAL NATURE-NO. 1881
AN All In relation to courts and judicial office

GENERAL NATURE-NO. 1881
AN All IN Relation to courts and judicial officers
IN the Territory Of Utah.
ne u enacted by the Senate and House Of Repre- !
sspaiives Of the United States Of America in Con |
grsss assembled. That il shall be the duty of the |
on"so Stsies marshal Of the Territory of Utah, in |
person or by deputy, to Atteud all sessions Of the
suPFsms and district courts in said Territory. and
70 ssfvs and execute all process and writs issued
oes o. and ell Irers, jud sments and DEGREES made
ey' SAID courts. or by any Judge thereof unless said
court or Judge shall 9th, odd ia any par,icu.
hf case All process, wrts, or other papers left
WIN sao marshal. or either OF his deputies shall be
served without delay, and in the order in which
sney are received. uFtn payment tender of his
legal Tees therefor ind il shall be unlawful for
sslo marshal to demand or receive mileage Tor any
greater distance than the actual distance by
tns us0a routes from the place Of service execu.
on oi process, writ, other paper, to the place Of
Esturn OF the same, except that when It shall be me-
eessAry 70 convey any person arrested by legal au
tnotIty out OF the c. uty IN which he Is arrested
SAID marshal shall be entitled 10 mileage for the
whOis distance necessarily travelled in delivering the
person so arrested before the court or officer order
ing such arrest. Said MARSHAL is hereby author.
iAeo TO appoint as many deputies II may be neces.
eaTy' each OF whom shall have authority, in the
name oi said marshal, to perform any act with like
eHect ana IN Ike manner as said marshal aud the
matshaI sail be nabe for all official acts of such
shall not be complete until he shall give bond to
sAIo marshal, with surc,les. TO be by hm approved
IN the Penal sum OF ten thousand dollars, condI.
tloned Tor the faithful discharge Of his duties aud
nc shal also take and subsc .lbe the same OATH pre-.
scrloed by law to be taken by SAID marshal, and
said appointment. bond and oath shall be filed aud
remain IN the office Of the clerk OF the supreme
Ift Oi said Territory In actIuDs, brought again,
SAID aTshll for The mIsieasance or non teasance OF
any deputy It shall be lawful for the plaintiff at his
oplcn. to join the said deputy and the sureties on
ms bond with said marshal aud his sureties. ANY
process either cIVll criminal reIurnab BILE to the
supreme or district courts, may be served in any
county. by the sheriff therOf or his legal deputy
auo they may also serve any other process which
may be authorized by act Of the territorial legisla
tuEe
SEC. 2. That il shall be the duty of the United
States attorney ~ said Territory IN person by an
assistant, TO attend all the courts OF record having
jurisdiction Of Offices we'll un ler tbs laws of said
Territory "a Of the Uniied Stales and perform the
duties Of prosec' ting officer 10 all criminal cases
arising in said courts. aud he is he eby authorized
20 app0ut % many assistants may be Necessary
each Of whom shall subscribe the same oath as is
psFscribed by law for said United States attorney
and the said appointing n: ard oath shall be filed and
remain in Ethe Hfhce Of the clerk OF tie supreme
court Of said Territory. Tho United States atlor
ney shall be entitled 10 the sBme ices for service.
rendered by said assistants he would be entitled
u
The territorial legislature may provide for the elee
tion OF prosecuting attorney in any county anC
such attorney If authorized SO TO do by such episa
ture, may commence prosecutions for offences Jude
the laws Of the Territory within such county aud
such prosecution is carried 10 the district court b,
TeeOgnizanee or appeal, or otherwise may aid il
conducting the prosecution in such court And tn
costs and expenses Of all prosecutions FIR offense
sgainst any law of the territorial lcgtlatL re sha
be paid out Of the treasury of the Territory.
SEC. 3. That there shall be held in each wear tw
terms of the supreme court Of said TerrytOrv an
four terms Of each district court, at such times a
the governor of the Territory may by procamat n
hK. The district cOuIS shall have exclusive orr p
nal Jurisdiction IN all suits proceedings in char
eery, and 10 all actions at law IN which the sum q
value of the thing 10 controversy shall be thre
hundred dollars or upward aud IN all cOntroyersie
whore the title, possession or boundaries of land q
mines or mining claims shall be in dispute, wha,
ever their v'IIt except IN actions Tor IUrcbly entr
or fore b" 7nf unlawful deIuIner; and they sha
have IuII,d'ciIon IN suits for divorce Pfobat
courts, in their respective counties shall have iur
dietOn IN the setlement OF the states Of deceden
and IN matters Of guardianship and other Ike ma
tsrs; but otherwise they shall have no civil char
esrys or efininal jurisdiction whatever; they sha
have Jurisdiction of suits Of divorce for statutor
causes eOneur:enty with the district Courts; b,
any defendant IN a suit for divorce commenced in
probate court shall be entitled alter appearance an
before pIes OF snswer, to have saId suit removed
che District court having jurisdiction, when sal
suit shall proceed in like manner as if original
sommenced in said district court. Nothing IN th
sst shall be construed TO impair the authority of Il
prsbsie courts TO eOter aad IN trust for the use
benefit Of the occupants Of towns in the varIo
counties OF the Territory Of Utah. according 10 d
provisions Of "Aa act f.r the rel ef 0f the inhal
tsnts OF cities and towns upon public lands," a
proved March second. eighteen hundred and sxi
seven and An act 60 RmeEd an act entitled 4
act for tho relief Of the inhsbitnnts Of cities a
towns upon the public lsnds.'" approved Ju
eighth, eighteen hundred and sixty eight; or 60
chsrRe the daties assigned To the probate Judges
an act OF the lrgslutVe assembly Of the Territory
Utah entitled " An act prescribing rules and regu
tions for the execution Of the trust arising uni
an act OF Congress entitled An act for the relief
the inhabitaais Of cities and towns upon the pub
lands" All judgments aOd decrees hsTelof
rendered by the probate which have been
ecuted. and the time 10 appeal from which has
the existing laws Of said Territory expired,
hereby validated aud confirmed. The iurisdIct
heretofore conferred upon Justices Of the peace
she organic act Of said Territory is extended 10
eases where the debt claimed shall be
tnan three bundled dollars. From all fnai IL
msnts OF justices of the peace appeal shall
showed 10 the district courts of their respective
& Msc's' IN the same manner is now provided
aHe Jaws OF said Territory for appeals 10 the prol