The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-18

witnesses and Photographic Re-
porters, and Creating and Defining
the Duties of Court Commission
ers.
SECTION BE 1t enacted By the GOUer-
nor and Legislative Assembly of the Terri
torn of Utah, That from the first day OF
January, e. D. 1888, and until the first
day of April, A. D. 1890, witnesses for
the Territory in criminal cases and
Jurors in the District Courts, shall be
paid the sum of 81 per day for each
DAVIS attendance at court, and u cents
per mile one way for the distance neces-
sarily travelled from his place of resi-
dence to the place of holding court;
Provided, That in no case shall per
diem be allowed to any juror for any
day when the major part thereof was
devoted to the trial of cases under the
laws Of the United States.
SEE, !2.-Tne clerk of the District
Court shall, whenever juror or wit
ness for the Territory is discharged,
issue to him a certificate, under seal of
the court, stating the name of such
Juror or witness, when and where he
was summoned Or subpmased, the date
of his appearance at court, and the date
of his discharge; the place of his resi-
dence, the number of miles necessarily
travelled from his place of residence to
the place of holding court, and the mum
Der OF days he was in actual attendance,
and, if a juror, the number of days
upon which the major part Of his TINA
was devoted to Territorial criminal and
civil cases.
SEC. 3.-The plaintiff in each civil
action, except equity cases where jury
is not required, and the appellant ID
each civil case appealed to the District
Court, shall respectively, before his
complaint or appeal papers are filed,
deposit with the clerk of said court
the sum of SO, which shall be known
and designated as the jury fund; Pro-
giGed, That the term civil action" in
this section shall apply to and include
all actions where a municipal corpora.
ton is a party benehcially interested:
Provided, further, Thatln case Judgment
is rendered in favor of such plaintiff or
appellant, said amount may be taxed
as costs and collected as other costs in
the action.
SEC. 1.-The clerk shall, on or before
the first Monday in June, A. D. 1888,
and quarterly thereafter, pay into the
Territorial Treasury all sums of money
deposited with him under the proVi-
sions of this act, and shall at the same
time furnish the Auditor of Public Ac-
counts O. statement in writing, showing
the number of complaints filed, and
the number of appeals taken to the
District Court in civil cases since max
ing his last statement to said Auditor,
together with the title of eaoh case.
SEC. IS 1t shall be the duty of the
clerks of the several District Courts to
keep an attendance roll, in which shall
be noted the name of each witness sub
pnnaed for the prosecution in Territor-
ial criminal cases; the name of each
witness subpenaed for the defendant,
at the expense of the Territory, under
order Of the Court; the name of each
Juror; when said witness or juror was
subp9naed or summoned; the date of
appearance; the date of discharge;
each DAYS attendance, with the date
thereof; his place of residence, and the
number of miles necessarily travelled by
said witness or juror, from the place of
his residence TO the place of holding
court, and, If q juror, the number OF
DAYS upon which the major portion of
the time was devoted to the trial of
Territorial criminal and civil cases or
investigations of Territorial criminal
cases before 2 grand jury, as the case
may be.
SEC. 6.-Wheneyer a grand juror or
witness for the Territory before the
grand jury is finally discharged, the
foreman OF said grand jury shall fur
nish the clerk OF said court g statement,
under oath, containing the information
not matter of record required in the
preceding section relative to said juror
or witness, whereupon the clerk shall
issue q certificate to said witness or
Juror, as in this act provided, and shall
enter the facts not already a matter of
record upon such attendance roll, and
carefully file and preserve the statement
of said foreman for reference, as here
matter provided; Provided, That in no
case shall any grand juror or witness
before the grand jury be required to
disclose any fact to any clerk or court
commissioners, except matters relating
to his attendance.
SEC. Every witness Subpoenaed
for the Territory, ana every witness
subpnuaed for defendant under order
of the Court at the expense OF the Ter
ritory, aud every juror, shall report in
person daily to the clerk his attendance
at court from the time of his apDear
ance till the date of his discharge, and
no per diem shall be allowed for any
day upon which attendance is not SO
reported, except in cases of sickness,
while absent from home, as such juror
or witness. which fact must be stated,
under oath, to the Court, by the juror
or witness, or some person on his be-
half cognizant of the facts, whersupon
the Court may order the allowance per
diem for such number OF days as may
be just and equitable; said statement;
SO made, under oath as aforesaid, must
he fled with the clerk snd preserved
for reference, as hereinafter provided.
SIC. 8.-No witness for defendant in
criminal case shall be subp@naed,