Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-01-06


same 10 all writs and commissions
Issued by the governor.
Sec. 0. The auditor shall examine
aud audit all public accounts connect
ed with the pecuniary Affairs Of the
Territory, aud snail report The same 10
the governor on OF before the LIST day
Of November Ia each year, anu Oftener
u required by the governor, and shall
deliver to his successor IN Office nil
books, money!, accounts aud other
property belonging to the Territory 90
soon M his successor shall become
qualified. He shall draw warrants
upon the treasurer for all claims and
demands payable out Of the Territorial
treasury.
Sec. 10. The treasurer shall receive
all moneys and Other property belong
Ing 10 this Territory tnat may he raised
by taxation or otherwise, aud shall
shall enter an account " his
receipts and disbursement, TO whom
made aud on what account. The
treasurer shall ray out all moneys that
may come Into his hands by virtue 0i
his office, upon drafts or orders
countersigncd by the auditor OF public
acouunte, and shall annually report 10
the governor on or before the first day
NJ December, or oftcneT II required by
the governor, sfull account VI hi, re-
coipts and disbursements. with the
necessary vouchers for the same, aud
shall deliver TO his eucccssOf in office,
all book, moneys, accounts and other
property belonging 10 the Territory a.
soon M his successor shall become
qualified.
See. IL. The Encouragement shall
prosecute and defend all actions Ia the
supreme court Of tho Territory 10
which the Territory, or the people
thereof, or any county may be rariict,
and shall, upon request, give his opin.
lon In writing TO any Of tie territorial
officers or district attorneys upon any
matter touching their public duties;
and shall have general SUPERVISION Of
the conduct Of the district attorneys
under the direction Of the governor 10
the end that the laws may be strictly
enforced.
Sec. L.. The superintendent o. public
Instruction shall pOssess and exercise
all powers and duties now Imposed by
the laws OF said Territory upon the
superintendent OF schools, aud also the
duties imposed by See. % Of the act IN.
titled 'An act 10 amend Sec. 1882 Of the
Revised Statutes Of the United
Statea,'" which took effect March
3, 1857.
Sec. lS.-Thc judicial power OF the
Territory OF Utah snail be vested In
the supreme court, the district courts,
the probate courts and in Jueiics VI the
peace. The supreme court slmll con
sist OF three Judges, elected AZ herein
before provided, and they shall,
upon the organization Of the court,
elect one Of their number chief Justice.
The supreme court shall have Juris
dictOn to review upon aprenl any de-
cision OF tho district courts, or the
judges there, {; ana the supreme court
shall also have original Jurisdiction 10
issue writH OF maHdImus, oeril0rdri,
prohibition aud habodS corpus, and all
writs necessary and proper 10 the com.
plete exercise Of It's appellate jursdic.
ton. The supreme court shall also
have original Jurisdiction TO hear
claims against the Territory, hut its
decision shall be- merely recommend
atory ana no process In the nature OF
execution shall issue thereon. but the
judgment shall be reported TO the next
session OF the legislature for its action.
The judges Of the supreme court shall
elect some suitable person clerk Of
said court.
See. II. The Territory shall DO Of.
vidod into seven judicial districts as
follows, 10 wit: The counties OF Box
Elder, Cache aud Rich shall constitute
the First district; the counties Of We
10 al "A.
the Second district; the county OF salt
Lake shall constitute therhird district;
the counties Of rooele, Juab, MillArd
and Sanpete shall constitute thefourth
district; the counties Of summit, Wa.
satch aud UlntSh shall constitute the
Filth district; the counties Of Utah,
Emery, Grand and San Juan shall con-
stluie the sixth district; the counties
OF Kane, Washington, Beaver, Iron,
Sewer, Pluto aud Garfield shall consti.
tute the Seventh district, and Rt least
one term Of the district court shall bo
held IN each county once Ia each year
See. Is. The district courts shall
have original jurisdiction IN all cases
both In law anu In equity, and such
Jurisdiction upon appeals from inferior
courts and tribunals NJ may be con.
ierred by law; aud shall also have
original Jurisdiction 10 issue wrlts Of
mandate, certiorari, prohibition and
ha1eas corpus, and all writ. necessary
for the full exercise OF the Jurisdiction
hereby conferred. The county clerk
shall be eX-Otllcio clerk Of tho district
court ana tho custodian OF lie seal.
Upon the request OF the Judge Of any
district, the Judge OF another district
may hold the whole or any part Of
term in district other than his own,
and bO.hIudgts may sit aud try causes
al one aud the same Time, and the acts
Of such Judge so called In shall be OF
equal force a. II he we're duly elected
Ia said di lrict, aud upon the order OF
the governor any district Judge must
assist the Judge Of another district to
dispose OF the business in such district,
OF To hold the court In his stead.
See. lB. The probate courts shall be
courts Of record and shall have original
jurisdiction In all matters Of probate,
settlements Of estates Of deceased per.
sons, and the appointment OF guard.
laus and other like matters; also luris-
dictiOn 10 hear and determine all
causee arlsing within their counties,
wherein tue debt or damage claimed
does not exceed $500, exclusive OF in
terest; aud concurrent Jurisdiction
with Justices Of the peace In criminal
cases. Justices Of the peace shall have
Jurisdiction In all civil causes Ia which
the debt or damages claimed, exclusive
Of interest, does not exceed $500; but
they shall not have Jurisdiction in any
action where the boundaries or title
TO any real property shall be called In
question; and they shall have criminal
iuri sIiVtlun u such mlslemeAuOfs ns