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

dred ana fifty-tNvO of the Revised
statutes of the United states, in
reference to bignmy. nnd for other
purpOses,o approved March TWEEN.
ty-second, eighteen hundred and
eighty-tNO.
Be il enacted by the Senate and House of
Representatives of the United States of Amer
fcd IN Congress assembled, That in any pro-
ceeding and examination before n grand
Jury, a judge, justice, or a United States
commissioner, or court, in any prosecution
for bigamy, polygamy, or unlawful cohabi-
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 to
testify in such proceeding, examination, or
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 q 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
sioner, without previous subpoena, COM
pelling the immediate attendance of such
witness, whenit 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
pffnnlmanf iccnal M r,rpyila1 IA, t1,io
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 reoognizance, with sufficient sureties,
conditioned for the appearance of such per-
sor at the proper time as n witness in the
cause or proceeding wherein the attachment
may be issued.
Sec B. 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 offcnse 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 or
more of the parties to such ceremony be
lawfully competent to be the subjects of such
iuItiuBc VI CeIcLlOly Ut uOu, SuHll De Certl-
tied i'll writing by n 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
or known, i'll any way taking part in the
performance of such ceremony, which GER
tificate shall be drawn up and signed by the
parties to such ceremony, and by every off
Ger, priest, and person taking part in the
performance of such ceremony, and shall be
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 evil
dence of the facts required by this act to be
stated therein, in any proceeding, civil OF
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
a line 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. D. That every certificate, record, and
entry OF any KIND concerning any ceremony
OF marriage, or III the nature of marriage
ceremony of any kind, made or kept by any
ofhcer, 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
or place, shall be subject to inspection at all
reasonable times by any Judge, magistrate,
or officer of justice appointed under the au,
thority 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-
viction thereof, be punished by fine of not
more than one thousand dollars, or by i'm
prisonment 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
ceeding.
SEC. 6. That nothing in this act shall be
heid to prevent the proof of marriages,
whether lawful or unlawful, by any evidence
now legally admissible for that purpose.
SEC 4 That it shall not be lawful for any
female to vote at any election hereafter held
in the Territory of Utah for any public mr.
pose whatever, and no such vote shall be re-
ceiyed or counted or given effect in any man
ner whatever; and any and every act of the
Governor and Legislative Assembly of the
Territory of Utah providing for or allowing
the registration or voting by females il
hereby annulled.
SEC. g. That all laws of the Legislative
Assembly of the Territory of Utah which
provide Tor numbering or identifying the
votes OF the electors at any election in said
Territory are hereby disapproyed and an
nuiled; but the foregoing provision shall not
preclude the lawful registration of votes, or
any other provisions for securing fair cleo
tions which do not involve the disclosure of
the candidates for whom any particular cleo
tor shall have voted
. SEc. ,. That the laws enacted by the
Legislative Assembly of the Territory of
Utah comforting Jurisdiction upon probate
courts, or the Judges thereof, or any of
them, III said Territory, other than in re-
spect OF the estates of deceased persons and
IN respect of the guardianship of the persons
and property of infants, and in respect of
lhe persons ana property of persons not of
sound mind, are hereby disapproved and an
nulied; and 10 probate court or Judge of
probate shall exercise any Jurisdiction other
than IN respect of the matters aforesaid, and
every such jurisdiction So by force of thisaet
Withdrawn from the said probate courts or
luuBes snail be mad and exercised by the
ively. "P'''-
sEo. 10. That the laws enacted by the
Legislative Assembly of the Territory of
otah Which provide for or recognize the ca
paclty of Legitimate children 10 inherit or
to be entitled to any distributiye share in
me estate, of the father of such illegitimate
enid are hereby disapproved and annulled;
and no illegitimate child shall hereafter be
entitled to inherit from his or her father or