The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-12-20
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OtftCT pufpOSoS5 uppFOCcW -uUI Cfe SO.CI'ey
second, eighteen hundred aud eighty
tIco.
Be 1t enacted by the Senate and House o.
Representatives. of the United states Of
america IN Congress assembled, That IN
any proceeding and examination before
a grand jury. Judge, justice, or United
states commissioner, or a court, In any
prosecution for bigamy, pOlygamy, OF
unlawful cohabitatiOn under any
statute of the United States the lawful
husband or wife of the person accused
shall be competent witness, and may
be called and may be compelled to tes-
THY In such proceeding, examination, OF
prosecution without the consent of the
husband or wife, as the case may be-
but such witness shall Tot be permitted
to testify as to any confidential state
ment or communication made by either
husband or wife to each other during
the existence of the marriage relation.
SEC. 2. That in any prosecution for
bigamy, polygamy, or unlawful cohabl-
tauon, under any statute OF the United
States, whether before United States
commissioner, justice, judge, a grand
Jury, or any court, an attachment for
any witness may be issued by the court,
judge, or commissioner, without a
previous subpoena, compelling the i'm
mediate attendance of such witness,
when it shall appear 10 the commits
sloner, justice, judge, Or court. as the
case may be that there Is reasonable
ground to believe that such witness Will
unlawfully fail to obey subpoena
issued and served III the usual course in
such cases; and in such case the usual
xrlfnn-c foae u, I ha r,oTI
ness so attached: PrOgided. That no
person shall be held in custody under
any attachment ssued as provided BY
this section for a longer time than ten
days; and the person attached may at
any time secure his or her discharge
from custody by executing q -recogniz-
ance, with sufficient sureties, condi-
tioTe d for the appearance of such person
at the proper time as a witness in the
cause or proceeding wherein the attach
ment may be issued.
SEC. 3. That any prosecution under
any statute of the United States for
bigamy, polygamy, or unlawful cohabi
tatiOn may be commenced at any time
within five years next after the commits
sion of the offenSe; but this provision
shall not be construed to apply to any
offense already barred by an existing
statute of limitation.
SEC. 4. That every ceremony Of mar
rage, or III the nature of q marriage
Of any kind, in auy of the
Territories of the United States, whether
either or both or more of the parties to
such ceremony be lawfully competent
to be the subject of such marriage or
or not, shall be certified in
writing by a certificate stating the fact
and nature of such ceremony, the full
names of each of the parties concerned,
and the full name of every officer, priest
and person, bv whatever style or de-
Signation called or known, in any way
taking part in the performance of such
ceremony, which certificate shall be
drawn up and signed by the parties to
such ceremony, and by every officer,
priest, and person taking part in the
performance of such ceremony, and
shall be by the officer, priest, or other
person solemniZing such marriage or
ceremony filed in the office of the pro
pate court, or, if there be none, in the
,ffice of the court having probate
powers IN the county or district in
which such ceremony shall take place,
or record, and shah be Immediately re-
corded. Such certificate shall be prima
acie evidence of the facts required by
his act TO be stated therein, in any pro-
eeding, civil or criminal, in which the
natter shall be drawn in question. Any
'erson who shall violate any of the pro-
isions of this section shall be deemed
.ullty of misdemeanOr, and shall, on
OnyictiOn thereof, be punished by a |
me of not more than one thousand dol |
arS, or by imprisonment not longer |
han two years, or by both said punish |
nents, in the discretion of the court.
SEC. 5. That every certificate record, |
nd entry of any kind concerning any |
CEREMONY of marriage, or In the nature
f a marriage ceremony OF any kind,
lade or kept by any officer, clergyman,
rleSt, or person, performing civil or &C.
lesiastical functions, whether lawful or
OF, in any Territory of the United
tates, and any record thereof in any
flee or place, shall be subject to inspec-
on at all reasonable times by any
1dge, magistrate, or officer of justice
ppointed under the authority of the
'nited States. and shall, on request. be
reduced and shown TO such judge.
Magistrate. or officer by any person in
hose posses sion or control the same
lay be. Every person who shall Vio-
tie the provisions of this section shall
e deemed guilty of q misdemeanor,
nd shall. on conviction thereof, be
finished By a fine of not more than one
dollars. or by imprisonment
OF longer than two years, or by both
lid punishments, in the discretion of
lie court. And it shallGbe lawful for
nv United States commissioner, jus
c., Judge, or court before whom any
-oceeding shall be spending in which
lch certificate. record, or entry may
J material, by proper warrant, to
use such certificate, record, or entry, {
Id the book, document, or paper con-
lining the same, to be taken and {
ought before him or 1t for the pur- I
Uses of such proceeding.
SEC. 6. That nothing IN this shqll be
I'D to prevent the proof OF marriages,
neither lawful or unlawful, by any S
idenee now legally admissible tor that {
lrpose. {
SEC. Z. That it shall not be lawful S
r any female TO vote at any election I
.reafter held in the Territory Of Utah ]
r any public purpose whatever, and no I
oh vote shall be receiEed or counted 7
given effect in any manner whatever; {
Id any and every set of the governor G
ID legislative assembly OF the Terri C
~ of Utah providing for or allowing z
e registration or voting BY females Is I
reby annulled. a