Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-17

Statutes of the United States, In
reference to bigamy, and for Other
purposes,,' approved March TWEEN
ty.second, eighteen hundred and
eighty.tWO.
Be it enacted by the Senate and House O
Representatives of the United States of Amea,
icd in Congress assembled, That in any pro
ceeding and examination before a grant
: jury, a judge, justice, or United State!
commissioner, OF court, In any prosecution
for bigamy, polygamy, or unlawful cohabi
J tation, 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 te
testify in such proceeding, examination, OF
prosecution without the consent of the hus
band or wife, as the case may be: but such
witness shall not be permitted to testify as
to any confidential statement or communi-
cation made by either husband or wife to
each other during the existence of the mar
riage relation.
Sec. 2. That in any prosecution for big
amy, polygamy, or unlawful cohabitation
under any statute of the United States
whether before a United States commits
sioner, Justice, judge, a grand jury, or any
court, an attachment for any witness may
be issued by the court, judge, or commits
|
pelling the immediate attendance of such
witness, when it shall appear to the commits
sioner, 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 in
the usual course in such cases; and in such
case the usual witness-fees shall be paid to
such witness SO attached: Provided, That
no person shall be held in custody under any
attachment issued as provided by this sec
tion for longer time than ten days; and
the person attached may at any time secure
his or her discharge from custody by execut-
ing recognizance, with sufficient sureties,
conditioned for the appearance of SUCH per-
sor at the proper time as witness in the
cause or proceeding wherein the attachment
may be issued.
Sec. 8. That any prosecution under any
statute of the United States for bigamy,
polygamy, or unlawful cohabitation may be
commenced at any time within five years
next after the commission of the offense;
but this provision shall not be construed to
apply to any offense already barred by any
existing statute of limitation.
Sec. 4. That every ceremony of marriage,
or in the nature of a marriage ceremony, of
any kind in any of the Territories of the
United States, whether either or both OF
more of the parties to such ceremony be
lawfully competent to be the subjects of such
marriage or ceremony or not, shall be certi-
fled 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 per-
son, by whatever style or designation called
OF known, IN any way taking part in the
performance of such ceremony, which GER
tlhcate shall be drawn up and signed by the
parties to such ceremony, and by every Off
Ger, priest, and person taking part in the
rfr,1r, r1al,
by the officer, priest, or other person SOL
emnizing such marriage or ceremony filed
in the office of the probate court, or, if there
be none, in the Office of the court having
probate powers in the county or district in
which such ceremony shall take place, for
record, and shall be Immediately recorded.
Such certificate shall be prima facie evi-
stated therein, in any proceeding, civil or
criminal, in which the matter shall be drawn
in question. Any person who shall violate !
any of the provisions of this section shall |
be deemed guilty of misdemeanor, and |
shall, on conviction thereof be punished by |
fine of not more than one thousand dol |
lars, or by imprisonment not longer than |
two years, or by both said punishments, in |
the discretion of the court.
Sec. 5. That every certificate, record, and |
entry of any kind concerning any ceremony
of marriage, or In the nature of marriage |
ceremony of any kind, made or kept by any
officer, clergyman, priest, or person perform
Ing civil or ecclesiastical functions, whether
lawful or not, in any Territory of the United
States, and any record thereof in any Office
OF place, shall be subject to inspection at all
times by any judge, magistrate,
or officer OF justice appointed under the au-
thorlty of the United States, and shall, on
request, be produced and shown to such
Judge, magistrate, or officer, by any person
In whose possession or control the same may
be-. Every person who shall violate the pro-
visions of this section shall be deemed
guilty of misdemeanor, and shall, on con-
vlctlon thereof, be punished by a fine of not
more than one thousand dollars or by i'm
prlsonment not longer than two years, or by
both said punishments, in the discretion of
the court. And it shall be lawful for any
United States commissioner, justice, judge,
or court before whom any proceeding shall
be pending in which such certificate, record,
Or entry may be material, by proper warrant,
to cause such certificate, record, or entry.
and the book, document or paper contain
ing the same, to be taken and brought be-
fore him or it for the purposes of such pro-
,eeding.
SEC. 6. That nothing in this act shall be
aeld to prevent the proof of marriages,
low legally admissible for that purpose.
SEC. Z. That it shall not be lawful for any ]
female to vote at any election hereafter held
n the Territory of Utah for any public pur-
pose whatever, and no such vote shall be re-
;e1ved or counted or given effect in any man.
Ter whatever: and any and every act of the
Governor and Legislative Assembly of the ;
Territory of Utah providing for or allowing I
he registration or voting by females is {
hereby annulled
SEC. 3. That all laws of the Legislative 6
Assembly of the Territory of Utah which {
provide for numbering or identifying the {
,otes OF the electors at any election in said 1
territory are hereby disapproved and an I
lulled; but the foregoing provision shall not {
preclude the lawful registration of votes, or Q
my other provisions for securing fair cleo &
ions which do not involve the disclosure of | c
he candidates for whom any particular cleo
or shall have voted r
SEC. 3. That the laws enacted by the t
legislative Assembly of the Territory of a
ourts, or the judges thereof, or any- of {
hem, In said Territory, other than in re- Y
pect of the estates of deceased persons and a
n respect of the guardianship of the persons r
nd property of infants, and in respect of q
he persons and property of persons not of t
ound mind, are hereby disapproved and an s
lulled; and no probate court or Judge of | 2
robate shall exercise any jurisdiction other {
han IN respect of the matters aforesaid: and a
very such jurisdiction so by force of this act il
withdrawn from the said probate courts or s
Judges shall be had and exercised by the Q
istrlct courts of said Territory. respect- 3
vely. y
SEC. TO- That the laws enacted Inv tba =
legislative Assembly of the Territory of +,
jtah which provide for or recognize the ca a
acity OF illegitimate children to inherit or i,
. be entitled to any distributive share in tj
ne estate OF the father of such illegitimate d
hild are hereby disapproyed and annuIled; Il
no no liiegltlmate child shall hereafter be O
ntitied to inherit from his or her father or il