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


when said defendant is awaiting trial
| said order can only be made upon affi-
daYit made by the defendant, in per-
son. showing:
First-That said defendant is impe-
cunious and unable to pay The pei
diem and mileage of said witness;
Second-That the evidence of said
witness is material for defendants de-
tense, as he is advised by mis- counsel
| and
Th;rd-That said defendant cannot
safely proceed to trial without said wit
ness.
! If said facts are not successfully con
troverted by the district attorney or by
the affidavit of some person cognizanl
of the facts, the Court may issue an
order as aforesaid, directing that said
witness, If within the Territory, be sub
p9naed and paid per diem and mileage
by the Territory. the same as witnesses
for the prosecution.
Sec. thereafter and until the first
day OF April, 1890, photographic re-
porters in territorial criminal cases
shall receive $40 per diem Ior taking
testimony and other proceedings of the
court IN said cases, aud 10 cents per loo
| words for transcribing the same, and
shall be paid upon presentation of a
certificate of the clerk of said court, as
hereinafter provided.
SEC. 10.-At the close of each term OF
the District Court, the clerk of said
court shall issue to the photographic
reporter thereof a certificate, to be ap-
proved by the Court, showing the actual
number of days said reporter was en-
gagged in taking testimony and other
proceedings of the court in Territorial
criminal cases and also the number OF
fol:os of such proceedings Transcribed
by said reporter, together with the
amount due for the services so rem
dered.
SEC. 1.-THE following-named per-
sons are hereby appointed Court Com
missioners, whose term of Office shall
expire on the fifteenth day of April, A.
ID. 1897, to wit: Joseph Stanford. who
shall act as Commissioner at Ogden,
for the northern division of the FRS,
Judicial District; John w. Turner,
who shall act at Provo, for the southern
division of the First Judicial District
Benz amin Bennett, for the Second
Judicial District, and George D. Piper,
for the Third Judicial District. In case
of the failure or omission of said per-
sons, from any cause, TO accept said
office, or in case of vacancy by death,
resignation, or from any other carse, III
either of said Offices, the clerk
Of the county in which the
District Court is held shall be the
commissioner of said Court, and qualify
as such as in this act provided for the
qualifications of commissioner.
aF -
sioners, within thirty days after the
passage. of this act, or the county
clerk, Immediately after receiving
have devolved upon him, as in this act
TO the oath of Office and filing bonds
with at least two sufficient sureties, with
the Territorial Auditor of Public Ac-
counts, which bonds must be approved
by him in the penal sum of $40 900.
SEC. 13.-It shall be the duty of said
commissioners to examine all court
certificates under the provisions of this
act presented to them, and compare
Them with the records of the court.
Tney shall have access to all records,
papers and statements. except indict-
ments or other proceedings before the
grand jury touching upon the service
rendered by jurors, witnesses and pho
nographic reporters, and may admin
lister oathS or aGirmations to the holder
of any such certificate, or to Mcpherson
to whom it was issued, and examine
him regarding the service performed,
miles travelled, etc. If tie commits
sioner is satisfied that the service has
been performed and the certiica tes are
correct, he shall allow the amount
claimed, and, if incorrect, sh Ill increase
or decrease the sum to the correct
amount.
SEC. 14.-Said commissioners are
authorized to draw upon the Auditor of
Public Accounts for sufficient amount
to pay said jurors, witnesses and phono-
graphic reporters, upon presentation of
said certificates. when gu lifted and cor
rected, as herein provid d.; Provided,
That neither of said commissioners
shall at any time have on hand more
than S. 900 for the purp Ose herein men,
toned.
SEC. l5.-They shall keep an accurate
account of all moneys drawn by them,
to whom and when paid, and tie cause
Of disbursement, and they shall dis
burse no money except upon the pres
entation of said court certificates, and
when payment Is MAZE thereupon, said
certificate shall be taken up, cancelled,
registered and fled annually with the
Auditor of Public A counts.
SEC. 16.-During The first ten days of
the session of the next Legislative As
sembly, said comm ;ssiouers shall trans
nit to said Assembly reports of their
. -oceedings under this act For their
services under this act each of said
commissioners shall receive the sum of
$500 annually, to be paid by the Terri
torial Treasurer, upon the warrant OF
the Auditor of Public Accounts, out of
the amount appropriated and set apart
il the next section.
SEC. 1.-THE Territorial Treasurer,
for The purpose of carrying out the pro-
visions of this act, is hereby required
to set apart and reserve in a separate
fund, to be Known as the fund for the
payment of jurors, witnesses and pho
nographic reporters, all moneys appro-
priated for said purpose to be paid out
only upon the Auditors warrant for
the payment of said Photographic re-
porters, Jurors and witnesses certificates
and the salaries of said commissioners.
SEC. 49, 1t shall be the duty of the
An1,for IF pr hIio onoupto RI icsuo his