Year: 1861

Sec. 8. Aad De % further enacted, That
every free white male inhabtant of the United
States above the age of tweuty.one years, who
shall have been a resident of said Territory at
the time Of the passage Of this act, shall be en-.
titled to vote at the first election, and shall be
eligible to any Office within the said Territory
but the qualifications Of voters and of holding
office at all subsequent elections shall be such
as shall be prescribed by the legislative as.
and OF holding office shall be exercised only by
citizens of the United States and those who
shall have declared on oath their intention to
become such, and shall have taken an oath to
support the Constitution Of the United States.


Sec. 6. And be IL further enacted, That the
legislative power Of the Territory shall extend
to all rightiul subjects Of legislation consistent
with the Constitution Of the United States and
the provisions of this act but no law shall be
passed interfering with the primary disposal Of
the soil no tax shall be imposed upon the
property of the United States nor shall the
lands or other property Of non.residents be
taxed higher than the lands or other property
Of residents nor shall any law be passed i'm.
pairing the rights of private property; nor
shall any discrimination be made in taxing diff.
ferent kinds of property; but all property sub.
ject to taxation shall be in proportion TO the
value Of the property taxed.


Sec. Z. And be ii further enacted, That all
township, district, and county officers, not here.
in otherwise provided for, shall be appointed or
elected, as the case may be, in such manner as
shall be provided by the governor and legisla
tive assembly Of the Territory. The governor
shall nominate, and, by aud with the advice and
consent of the legislative council appoint all
officers not herein otherwise provided for and,
he Erat h. 81
appoint all said officers, who shall hold their
Offices until the end of the first session of the
legislative assembly, and shall lay off the
necessary districts for members Of the council
and house Of representatives, and all other
officers.


Sec. 8. And be 1t further enacted, That no
member Of the Legislative assembly shall hold
or be appointed to any Office which shall have
been created, or the salary or emoluments of
which shall have been increased while he was
q member, during the term for which he was
elected, and for one year after the expiration
of such term and no person holding com.
mission or appointment under the United
States, except postmasters, shall be a member
of the Legislative assembly, or shall hold any Of.
fee under the government of said Territory.


Sec. 9. And be ii further enacted, That the
judicial power Of said Territory shall be vested
in supreme court, district courts, probate
courts, and in justices Of the peace. The su.
preme court shall consist of a chief justice and
TWO associate justices, any two Of whom shall
constitute quorum, and who shall hold a term
Mt the seat OF government of said Territory an.
nually, and they shall hold their Offices during
| the period Of four years. The said Territory
shall be divided into three judicial Districts and
| q district court shall be held in each of said
districts by one Of the justices of the supreme
court, at such time and place as may be pre-
scribed by law; and the said judges shall, after
their appointments, respectively, reside in the
districts which shall be assigned them. The
| jurisdiction of the several courts herein provi
ded for, both appellate and original, and thai
Of the probate courts and Of the justices of the
peace, shall be as limited by law Prorided
That justices of the peace shall not have juris
| diction OF any matter in controversy when the
title OF boundaries Of land may be in dispute
or where the debt or sum claimed shall exceed
one hundred dollars; and the said supreme and
district courts, respectively, shall possess chan
cery as well as common law jurisdiction and
authority for redress Of all wrongs committed
| against the Constitution or laws of the United
States or Of the Territory, affecting persons ol
property. Each district court, or the judge there
Of, shall appoint its clerk, who shall also be the
register in chancery, and shall keep his Office
ut the place where the court may be held


Writs Of error, bills Of exception, and appeals
shall be allowed III all cases from the final de


cisiOns Of said district courts to the suprem,
court, under such regulations as may be pre-
scribed by law; but in no case removed to thu
supreme court shall trial by jury be allowed il
said court The supreme court, or the justice
thereof, shall appoint its own clerk, and ever,
clerk shall hold his Office at the pleasure of tn,
court for which he shall have been appointed
Writs Of error and appeals from the final de
cisions OF said supreme court, shall be allowed
and may be taken to the Supreme Court of tn
| United States, in the same manner and unde


the same regulations as from the circuit court
Of the United States, where the value of tn


property, or the amount in controversy, TO b


ascertained by the oath or affirmation of eithe
party, or other competent witness, shall excee


one thousand dollars and each of the said dis
trict courts shall have and exercise the sam


jurisdiction in all cases arising under the Cor
stitution and laws of the United States as i


vested in the circuit and district courts of tn


United States and the said supreme and dis
trct courts of the said Territory, and the re


spective judges thereof, shall and may gran


writs of habeas corpus in all cases in which til


same are grantable by the judges of the Unite


States in the District Of Columbia; and tn


first six days OF every term Of said courts, or s.


much thereof as shall be necessary, shall b


appropriated to the trial of causes arising unde


the said Constitution and laws and wrts @


error and appeals in all such cases shall b


made 10 the supreme court Of said Territory tn


came as in other cases. The said clerk sha


receive, in all such cases, the same fees whic


the clerks Of the district courts OF Utah Terr


tory now receive for similar services.


Sec. 10. and be ii further enacted, Tha
there shall be appointed an attorney for sal


Territory, who shall continue in Office for fou
years, unless sooner removed by the President