The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1874-11-12
LAWS
OF THE UNITED STA les,
PASSED AT THE FIRST SESSION
FORTY-THIRD CONGRESS.


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100
lGENERAL NATohf-No. !V1:l N.
AN AL III relation TO courts ana 9t'oicial ON
GERS OF the lerrltofy OF Ctah.
5e 1t ehacted ny tlie oeii''Ge au" lio.se ~
Representatives OF the UliltUu olttcs VI IA'iiTi
lea III congress assembled, llistI IL sis', W Ii'
dty OF she uhlteu oIales hars h J 9a n,1 ~ =,
rltory OF Utah, III person vi NY oeP'uy' ~. ~
attend all sessions OF the supreme anu uis
tflct courts IN sad Iefrltory' ana 70 SEW 'ne
execute all process ana WriIs iss'eu ol1 ~ a..
All ofdefs, Judgments, anu ueciecs lt.''uo uy
SAD courts, or ny any Jaa4e tiieleol' uhieeS
sald court OF Judge sllall OTHERWISE oluol III any
particular case. An process, Wills, VI oc,el
papers leIc WIEN SAD marshai' OF elsiler VI l.ls
deputies, snail DC served WITHOUT delay' anu III
the ORDER IN Whlch they are fecelVeo' upon pay,
ment or tender OF MS legal tees thefeIor allG
II snail DC liiaWfn 1or s;lld hrshai 10 ae'il,'lu
OF receive mlieaSe for any greater distance til'i
the act"ai distance by the USUAL routes FROM
bhe place OF service OF execution oI PROCESS,
VIII, OF Outer paper, TO the piace VI returl VI
the same, except that when 1t snail De hecess;a-
~ TO convey any person arrested by regal a'l-
thorltv OUT OF the county 10 Wilch lie Is arrest
ed, sald nlarslal snail De ehtitlea 10 LOT
the Whole distance necessarily tr;sVeieu ny oe-
lVerlng the person so arrested before the court
OF oillcer ordering stlch arrest, oalu mafshal
Is hefeby autho'ized 10 appoint as many depu-
ties as may DC necessary, each OF Whom snail
nave authoftty, III the name OF sald mar shai, TO
perform any act with like etfect and in like
manner as salN marshal ana the marshal snail
DC liable 1or All olhclal acts OF such deputies.
lis II done by himself. Such appointments
shall not be complete until he shall give bond
Il I,1 Ill
proved. in the penal sum Of ten thousand dol
lars, confederation the faithful discharge of
his duties and he shall also take and subscribe
the same oash 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 Terrific
~. In actions brought against said marshal
for the misfeasance or noll-feasance of any
deputy it shall be lawful for the plaintiff at his
option, to join the said deputy and the sureties
Oh his bond with said marshal and his silretes.
Any process either civil or criminal returnable
to the supreme or district courts, may be serv-
ed in any county. by the sheriff thereof or his
legal deputy, and they may also serve any 9TH
tr process which may be authorized by act OF
the territorial legislature
SEC. g. That if shall be the duty of the Uni
ted States attorney in said Territory In person
Or by assistant, to attend all the courts of re-
OTenSaS
der the laws of said Territory as of the United
States, and to perform the duties of prosecu-
ting officer in all criminal cases arising in said
courts. and he is 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 attor-
ney, and the said appointment and oath shall
be filed and remain in the office of the clerk OF
the supreme court Of said Territory. The Uni
u. Az.
fees for services rendered by said assistants as
he would be entitled to for the same services if
rendered by himself. The territorial legisla-
ture may provide for the election Of Il proseclI-
ting attorney in any county; and such attor-
ney, if authorized so to do by such legislature,
may commence pro eciltons for offenses under
the laws OF the Teri tory within such county.
and ii such prosec ton is carried to the district
court by recognizance Or appeal, or otherwise
may aid iii conducting the prosecution in such
court. And the costs and expenses Of all pros
ecutons for ofenses against any law OF the
territorial legislature shall be paid out OF the
treasury OF the Territory.
SEC. 3. That there shall be held in each year
two terms of the supreme court of said Terri
tory, and fonr terms of each district court, ut
such times as the governor of the Territory may
by proclamation fix. The district courts Shall
have exclusive original jurisdiction in all suits
or proceedings i'll chancery, and in all actions
at law in which the sum or value OF the thing
i'll controversy 81 all be three hundred dollars
OF upward, and i'll all controversies where the
title, possession, or boundaries OF land, or
mines OF mining claims shall be i'll dispute,
whatever their value, except in actions for for
chile entry or forcible or unlawful detainer
and they shall nave jurisdiction i'll suits for di-
vorce. Probate courts, III their respective coul-
Ties sliilll nave Jufls.icFlof IN the settlement OF
the estates OF the deceuents, and III matters
OF guardianship ana other hike matters; but
otherwisc they shall have no CIVIL, chancery, OF
CRIMINAL Jurisdiction whatever; they shall nave
jurisdiction OF stllts OF divorce TOT statutory
causes concuffehtiy with the district courts
p't any oelehdailb IN a s'llt 1or dlForce COM
mehced III q PROBATE court shal! De entitled al
Ter appearance ana before plea or answer, tc
nave SAID SUIT removed 70 the district court hav-
ing !urlsdlct'on. When salu SUIT shall proceed
III llhe nltu'lef as II oflSi!faHy commenced ~
s'liu ulsIr,cl court, NotlhS IN this ACT snail pe
construed 70 impair the authority OF the pro
bate courts TO enter land IN trust Tor the u5t
ana dement, o! lhe occupants OF towns IN the
various counties OF the territory OF Utah, &C
corning 10 the PROVISIONS OF Az act for tht
fellef OF the lhhapitants OF cities and towns
upon p''plic E'lius, approved March second
elshteei ht.l.'reu ana slXGy-seVen ana Al
act to amend an act entitled AN act for the re-
lief OF the inhabitants OF cities and towns upol
the public lands,'" approved June eighth
eighteen hundred ana slXty-eigiit or to dis
charge the duties assigned to the probate iudg
es by an act OF the legislative assembly Of Oh,
Territory OF Utah entitled can act prescribing
rules and regulations for the execution of thu
AL anti 1nf