The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-01-21

to do so by such legislature, may commence prosecu-
lions for offenses under the laws OF the Territory
within such county, and if such prosecution Is car
ried to the district court by recognzance or appeal
otherwise may aid in conducting the prosecution
in such court And the costs and expenses OF +d an
rtoria legislature shall be paid out OF the treasury
of the Territory.
terms of the supreme court of said Territory, ana
four terms of each district court at such times as
the governor of the Territory may by proclamation
fix The district court shall have exclusive original
jurisdiction in all suits proceedings in chancery
and in all actions at law i'll which the sum or value
Of the things in controversy shall be three hundred
title possession, boundaries of land, mines or
mining claims shall be in dispute, whatever their
value, except in actions for forcible entry or
torcible and unlawful detainer; and they shall
have Jurisdiction in suits for divorce. Probate
courts in their respective counties shall have uris
dction in thesettement OF the estates OF decedents
and in matters of guardianship and other like mat
ters but otherwise they shall have no civil chancery
or criminal jurisdiction whatever; they shall have
Jurisdiction Of suits of divorce for statutory causes
concurrently with the district courts; but any de-
PENDANT in a suit for divorce commenced IN pro-
bate court shall be entitled after appearance ana pc
fore plea answer, to have said suit removed 10
the district court having jurisdiction, when SAID suit
shall proceed in like manner as if originally COM
menced in said district court. Nothing in this act
shall be construed to impair the authority OF the
probate courts to enter land in trust for the use ana
benefit of the occupants of towns in the various
counties of the Territory of Utah, according to the
provisions of "An act for the relief of the inhabi-
tapts of cities and towns upon public lands, ap-
proved March second, eighteen hundred and sixty
seven and "An act to amend an act entitled AN act
for the relief of the inhabitants of cities and towns
upon the public lands, approved june eig1tn elgnt
duties assigned to the probate judges by an act OF
the legislative assembly of the Territory OF Utah en-
titled San prescribing rules and regulations Tor
the execution Of the trust arising under an act OF
Congress entitled 'An act for the reief OF the IN,
habitants of cities and towns upon the 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 expired, are hereby validated
and confirmed. The jurisdiction heretofore conferred
upon justices of the peace by the organic act OF said
Territory extended to all cases where tue deDt or
sum claimed shall be less than three hundred COLLARS
From all final judgments of justices OF the peace an
appeal shall be allowed to the district courts OF their
respective in the the manner o as Is h0%
the probate courts; and from the judgments Oh tne
probate courts appeal shall lie to the dstrct court
Of the district embracing the county in which such
probate court is held in such and in such maui
ner as the supreme court of said Territory may, by
general rules framed for that purpos specify ana
ment appealed from, and the case shall be trled de
novo in tho appellate court. Appeals may De taken
from both justices and probate courts TO Inc
court of theiI respective districts in cases where
judgments have been heretofore rendered ana re-
main unexecuted; but this provision shall not en-
large the time for taking an appeal beyond the pc
RODS now allowed by the existing laws of said Ter
ritory for taking appeals. writ Oh error from tne
supreme court of the United States TO tne supreme
where the accused shall have been sentenced 10 cap
ital punishment convicted of bigamy or polygamy.
Whenever the condition of the business IN tne ois
trct court of any district is such that the judge OF
the district is unable to do the same. ne may re-
quest the judge either of the other districts to as
sist him. and upon such request made, the Judge SO
requested may hold the whole or part of any term,
or any branch thereof and his acts as judge shall pc
of equal force as if he were duly assigned 10 noiu
SEC 4. That within sixty days after the passage
of this act and in the month OF January annually
dicial district and the judge of probate OF the coun
ty in which the district court is next to be held snail
prepare jury list from which grand and petit Ju-c
rors shall be drawn to in the district courts OF
such district, until list shall be made as here
in provided Said clerk and probate judge lshail a.
ternately select the name OF male CITIZEN Of the
United States who has resided in the district for the
period of six months next preceding, and VINO can
read and write in the English language; and as Sc
lected the name and residence of each shall be en-
tered upon the list, until the same shall contain Two
hundred Names when the same shall be duly ceril-
fed by such clerk and probate judge; and the same
shall be filed in the Office of the clerk OF such district
court and duplicate copy shall be made and certified
by such officers and filed in the Office of said probate
judge Whenever graz or petit Jury Is 70 +b pc
judge of such district shall give public notice OF the
time and place of the drawing OF such jury which
shall be at least twelve days before the commence
ment of such term: and on the day and at the place
thus fixed the judge of such district shall hold an
open session of his court, and shall preside at the
drawing of such jury; and the clerk of such court
shall write the of each person on the jury lists
returned and filed in his office upon separate slip
of paper as nearly practicable of the same size
and form; and all such slips shall, by the clerk in
open court, be placed in covered box and thorough
ly mixed and mingled and thereupon the United
States marshal his deputy, shall proceed to airy
draw by lot from said box such number of names as
may have pre- viously been directed by Said judge;
and if both grand and petit jury are to be drawn,
the grand jury shall be drawn first; and when the
drawing shall have been concluded, the clerk CT the
district court shall issue venire to the marshal or
his deputy directing him to summon the persons
drawn and the same shall be duly served on each of
the persons drawn at least days before the
commencement of the term at which they are to
serve; and the Jurors so drawn and summoned shall
constitute the regular grand and petit jures for the
term for all cases. And the names thus drawn from
the box by the clerk shall not be returned to or again
placed in said box until new iury.lis shall be
made. If during any term of the district court any
additional grand or petit jurors shall be necessary,
the shall be drawn from said box by the United
States marshal in open courts but it the attendance
of those drawn cannot be obtained in a reasonable
time, other names may be drawn in the same man
shall be allowed three peremptory challenges except
in capital where the prosecution and the de-
tense shall be allowed fifteen challenges. In crimi-
nal cases, the court, and not the jury shall pro-
nounce the punishment under the limitation pre-
scribed by law. The grand jury must inquire into
the case of every person. imprisoned within the
district on criminal charge and not indicted; into
the condition and management of the public prisons
within the district and into the wful corrupt mis-
conduct in office of public officers of every descrip-
ton within the district; and they are also entitled
to tree access at all reasonable times, to the public
all public records within the district.
Sec. 5. That there shall be appointed by the gov
Of said Territory one or more notaries public
for each organized county, whose term OF office shall
be two years, and until their shall be ap
nted and qualified. The act of the legislative
assembly of the Territory of Utah entitled can act
concerning notaries public approved January sew
epteenth, eighteen hundred and sixtysx, is hereby
approved except the first section thereof which is
hereby dfsapproved: Provided, That wherever, in
said act, the words probate judge or clerk Of the
probate court are used the words secretary OF the
Territory shall be substituted.
SEC. 6. That the supreme court OF said Territory
is hereby authorized to appoint commissioners of
said court who shall have and exercise all the duties
Of commissioners of the circuit courts of the United
States. and to take acknowledgements of bail; and,
in addition, they shall have the same authority as
examining and committing magistrates in all cases
arising under the laws of said Territory as is
possessed by justices of the peace in said Territory
Sec I. That the act of the territorial legislature
of the Territory of Utah entitled ''An act in rela
ton to marshals and attorneys" approved March
third, eighteen hundred and fttytwo, and all laws
of said Territory inconsistent with the provisions of
this act, are hereby disapproved. The act of the
Congress of the United States entitled can act to
regulate the fees and costs to be allowed clerks
shas attorneys of the circuit and district courts of
the United States, and for other purposes" APP
proved February twenty-sixth, eighteen hundred
and fify-three, is extended and shall apply to
the fees of like officers in SAID Territory of Utah.
But the district attorney shall not by fees and salary
together receive than thirty-five hundred dol
lars per year and all fees moneys received by him
above said amount shall be paid into the Treasury OF
the United States.
Approved, June %, 1874. ..-.-.