Show ACTS AND resolutions AT THE SECOND SECOM SESSION OP OF THE UTAH territorial legislature PUBLISHED BY AUTHORITY AN ACT IN RELATION TO THE MILITIA SEC 1 be it enacted by the governor and legislative assembly assembly of the territory of utah that the sum of gree three thousand dollars dollar be and the same is hereby appropriated any moneys the tr treasury ceasur not ot otherwise herwit se appropriated foz f OR the purpose of enclosing a block of ground within the incorporated limits of great satt salt lake city to be selected by his excellency the governor with a good and secure wall or fence and of erecting a suitable building for the preservation of the public arms ammunition on and other public property belonging to the quarter masters arid commissaris commiss arys department of the nauvoo legion SEG see 2 that the further sum of one thousand dollars be and the same is hereby appropriated ol 01 out it of any money in the treasury not otherwise appropriated for the purpose of mounting the ordnance an and d putting into effectual re repair air all the public arms and accoutrements in ch charge rge of the quarter master maiter general SEC 3 that the quarter master general be instructed to proceed immediately to carry into I 1 effect the designs of this act and to draw on the territorial treasurer for such sums as may maybe be necessary to carry on the works t to 0 o the amount appropriated for each specified purpose SEC 4 that the further sum ol of one thousand dollars be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated to be expended under the direction of the commanding officer of the nauvoo legion for the establishment and encouragement coura gement of a military school in which to b taught the science of engineering and that of mathematics therewith connected as well as such other branches of science as may be most conducive to the military interests of the gefri territory to 1 71 5 that so much of theace the act to provide for this the further organization of the militia of the territory of utah approved february ath 1852 as relates to the district of box bos elder in box R elder ider county be and the same Is I 1 a berea hereby y repealed approved dee dec 1852 Secre office territory of utah idec dec 1852 I 1 hereby certify that the above is a true kiy co copy oeun of an act entitle dan act in relation to the militia biall pissed passed by the governor and legislative assembly of the territory of utah on the of dee dec 1852 and of the whole of said act BENJAMIN G FERRIS secretary A resolution FOR FOB THE encouragement OF THE manufacture E OF POWDER be it resolved by the governor and legislative sent embly bly of the territory of utah lat st that a premium of two hundred dollars be paid for the first one hundred pounds of good rifle powder that is manufactured from ingredients which are the products of the Terri territory Fory of Utah andone hundred dollars for the seo bee and fifty dollars dollar for every subie subsequent quent hi hundred indred pounds until two thousand shall be offered that is entitled to re receive ceda the ali premium ae the manufacturers shall present it together with the evidences that I 1 it has been thus in the territory to the lieutenant general of the nauvoo legion and if it proves to be of suitable quality he shall draw an order on the treasurer for the amount of jim due I 1 ard 3rd 3 rd ahe the auditor of public accounts shall audit 4 alt auca orders and the treasurer shall p layt tem on tidemand demand out of any monies in the treasury Crea sury mot otherwise appropriated ag approved dee dec 1 1852 52 Secre 40 offie office territory of utah 7 I 1 dec 1852 I 1 hereby certify thia that the above abde Ys is a true copy of 4 a resolution ye solution entitled ca A resolution for the encouragement ej of the manufacture of powder passed d by the governor and legislative assembly g ai odthe of ae territory berato ry of utah dee dec 1852 and of the whole of said resolution BENJAMIN G FERRIS secretary resolution I 1 IN RELATION TO A ROAD Q TE COAL BEDS JN IN IRON COUNTY I 1 I 1 A sem resolved by the governor and Legis legislative lalive assembly of the territory torY OJ of uth utah q I 1 1 I ati at that the sum of two thon thousand sanI dollars bei fee and is hereby appropriated for the borki working in g of amad to ao the coal beds in iron county aad the appropriation shall be expended by and under the supervision of the governor oy some that he may appoint for that I 1 purpose jw pose ard 3rd treasurer is hereby au avd and instructed to pay out of the trea sufian money not otherwise appropriated the save of two thousand dollars to the person appointed to receive and expend the same approved dee dec 1852 I 1 t t Secre office territory of utah dec fist 1852 5 I 1 hereby certify that the above is a true copy of a a resolution in relation to a road to the coil coal beds in in iron county passed by the gov erncr and legislative assembly of the territory of utah ando and of the whole of said resolution colati on BENJAMIN MIN G FERRIS secretary 4 AN ACT FOR THE BUILDING A BRIDGE OVER COVER THE RIVER JORDAN ON NORTH 1 TEMPLE STREET SEC 1 be it enacted by the governor and legislative assembly of the territory of utah thia that the sum of three thousand dollars dollar s be and the same is hereby appropriated out oat of cf any moneys in the treasury not othera otherwise ise ap to be expended by and under the direction not of the territorial commissioner for the erection of a good and substantial bridge agoss the river jordan on north temple tempie street SEC 2 it shall be the duty of said commissioner to go forthwith and make preparations to put up said bridge approved dee 1852 Secre office territory of utah I 1 I 1 jan 3rd ard 1853 4 hereby certify that the above is a true copy of an act for the building a bridge c over the river jordan on north temple street passed dee dec slit 1852 by the governor and legislative ti assembly of the territory of utah and of fig hole of said act BENJAMIN G FERRIS secretary I 1 I 1 AN all ACT regulating ELECTIONS SEC 1 be it enacted by the governor and legislative assembly of the territory of utah that annually on the first monday of august I 1 there the bighall be a general election held in each precinct in the several counties for choosing all officers not otherwise provided for SEO 2 the county clerk shall cause a notice of the time and place and the number and kindol of officers fiora to be chosen to ta be put up in two public ablio pla places ceia in each precinct at least six days before e the time of election ai SEC C 3 the senior justice of the peace shall be the judge of elections in his precinct anda shall appoint one clerk and furnish the thene ne stationery and a ballot box and in thi absence of any justice of the peace the electors lectors first assembled on the day of election number of six may appoint some suitable act as judge 0 of that election electa vo s 4 the election shall be held from on one I 1 boa ator sunrise until sunset 3 and no elector I 1 b shall all vote in any precis precinct ct excepting 0 where he resides s SEC fe 5 each elector shall provide himself with wi th a vote containing contain im 0 the names of the persons I 1 he wishes elected and the offices he would have I 1 t hem bm to fill and present it neatly folded to the judge of the ele election eton who shall number and deposit 1 it in the ballot box bos the clerk shall then write the name of the elector and opposite it the number of his vote SEC 6 at the close of the election the 1 judge shall seal up the ballot box and the list of the names of the electors and transmit the same i without delay to the county clerk SEC 7 immediately upon receiving the electoral returns of any precinct the county clerk I 1 and probate judge or in his absence one of the select men shall I 1 unseal the list and ballot boxi box and count and compare the votes with the names on the listiana listI list and make a brief all abstract of the offices I 1 I 1 and names voted for and the number of votes each person received the ballot box shall then be returned and the votes and list ved for reference in case the election of any I 1 person contested SEC 8 when all the returns and abstracts are made the clerk shall forthwith make a general I 1 abstract and post it up in his office and I 1 forward to the secretary of the territory a certified copy of the names of the persons dersons voted for and the number of votes each has received I 1 for territorial offices and furnish each person having the highest number of votes for county and precinct offices a certificate of his election SEC 9 so soon as all the returns are received the secretary in the presence of the governor shall unseal and examine them and furnish to each person having the highest number of votes for any territorial r ial office a certificate of his election S SEC 10 if the returns are not made within a reasonable time the se secretary 1 or county clerk as the case may be shall institute inquiry which must be promptly responded to and a new abstract furnished if necessary SEC 11 an any Y person erson designing to contest an election shall mate make his intentions specifically known in writing to the county clerk within ten days after the result of the election is known in which case the clerk shall retain the votes and lists until the contest is decided otherwise he shall destroy them SEC 12 when ties occur if for a territorial officer the secretary Sec shall determine the election by bv lot in the presence of the governor and if for a county or precinct officer it shall in like manner be determined by the county clerk in the presence of the probate judge SEC 13 any person contesting the election of a county or precinct precinct officer shall proceed eed therein before batore the county court who shall determine the question all df which shall b be done without delay 1 SEC 14 when a vacancy occurs in territorial elective offices the governor shall order a special election to fill such vacancy and should a vacancy occar in a county or precinct office necessary to be filled previous to the general election the county court shall fill such vacancy by appointment SEC 15 all officers acting in elections shall be allowed a reasonable compensation for their services and shall be punished with a reasonable preventive am amount aunt of fine for fraud or negligence n e li I 1 gence by any court coart having jurisdiction SEC E e 16 XII all free white male citizens 0 of f the united states residents of the territory over the age of eighteen years are voters and eligible to hold any office within this territory SEC 17 all laws or parts of laws conflicting c with this act are hereby repealed approved january 3rd ard 1853 Secre office territory of 0 utah january ath 1853 I 1 hereby certify that the foregoing is a true copy of an act regulating election elections B 11 1 3 1 passed assed by the governor and Legi legislative assembly of the territory of utah january 3rd ard 1853 and of the whole of said act BENJAMIN G Q FERRIS secretary AS AN ACT regulating THE MODE OF PROCEDURE IN CIVIL CIVI 1 C OASES AS ege IN TH THE COURTS OF THE TERRITORY OF UTAH SEC I 1 be ba it enacted by trie ine governor and legislative assembly of the territory of f utah ut ah that all the courts courts of this teri Teni tory shall have law and equity j jurisdiction aris diction in civil cases case and the mode of procedure shall be anif uniform orm in said courts SEC 2 any persons seeking redress shall hall make his complaint in writing and under oath before the justice or judge of the proper prope r court SEC 3 when a complaint is filed the court shau shall issue to the defendant a notice containing a copy of the complaint and the time 1 and place for the investigation thereof SEC 4 the notice or any process required before trial may be served by the par agent by reading the same to the person to whom directed or by leaving a certified c copy y thereof at his usual place of abode and certification of the time and manner of such service shall be made to the court on or before the day of trial under oath and in writing 0 signed by the party serving SEC 5 at the time named for trial if either or both parties be absent or if present either party having used due diligence is is not ready for trial the court may adjourn the case or proceed as justice shall require and no demands of either party that have arisen after the date of the complaint shall be admitted in the trial SEC 6 the defendant shall file his answer in writing and under oath at the time of trial unless by order of the justice or judge he has previously so filed it the plaintiff iff shall then introduce his evidence which shall be followed by that of the defendant and thus alternately until all the evidence is introduced and either party may then be required to give his testimony in the case when the evidence is closed the plaintiff may make such applicable remarks as lie he deems property proper to tc be followed by the defendant with the same privilege leg 6 whereupon the court shall render judgment as soon as practicable I 1 SEC 7 when ju judgment ament is rendered and the party in fault refuses or neglects to corn com ply upon request or of its own will the court shall issue an order to the proper officer requiring him to enforce the judgment SEC 8 the officer shall execute the order without unnecessary delay and make return of his proceedings proceeding edin at the earliest eardest possible date dace 1 SEC 9 F every verv court shall preserve its pa I 1 pers and shall keep beep records of of its proceedings I 1 which shall be subject to the inspection of any interested person or court and upon requirement suh party shall be furnished a certified copy of ay any part thereof which shall be evidence of trie tee matter set forth therein sue SEC 10 all ail trials shall be had in the county where the cause of action originated origin atea or where the defendant resides if a citizen of the terri tory otherwise where the plaintiff may prefer provided it may be tried in any place where the parties may agree SEC 1 11 1 previous to trial when the sum in question exceeds twenty dollars if either party request a jury the court shall issue an order to the proper officer requiring him to summon I 1 for that purpose not less than three nor more tb than twelve judicious persons and residents of the county SEC 12 previous previous I 1 to swearing n the persons summoned ned to serve as 8 jurors bac each h paril may alternately oba I 1 for cause and may alternately each reject one third of the whole aud and in objecting or rejecting the persons summoned i i I 1 I 1 shall be taken one by one and if any place is vacated it shall be filled forthwith SEC 13 when the persons for jurors are selected they shall be sworn to give a just verdict di et and to have no communication about the case in trial with any but the court or a fellow i juror i uror until they have agreed upon their answer which must be done aone with diligence and may be given when two thirds of their I 1 number concur SEC 14 when complaint is made and substantiated against a non nonresident resident or abscond ent debtor and the plaintiff has given the requisite security the court shall appoint three competent persons who shall forthwith advertise the order of the court in in one newspaper printed in this territory and send a copy thereof to the defendant if his residence is cog known or presumed ed and shall under oath appraise at a fair cash value and take his property or sufficient e thereof to liquidate the demand and costs and shall offer the same to the plaintiff for his acceptance and if refused shall proceed to sell the same at public or private sale lor for bonev money at not less than three fourths its appraised P r ais d value and pay the demands and d deposit P i t any amy surplus in the county |