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Show THE FRELINQHUYSEN BILL. In view of the tact that tho scnato aotod on this bill on Wednesday night, and that thcro was considerable enquiry concerning it yesterday, wo reproduce it this morning; premising that the judiciary oommittco of tho sennto in amending it, struck out tho entire original ori-ginal bill, except tho enacting clause, aud substituted a new bill. Tho fol-owing fol-owing is tho new bill as reported to tho scnato Feb. 15th: A Bitt in aid of the execution of the laws in the Territory of Utah, and for other purposes. Bo it enacted by tho senate and house of representatives of tho United States of America in congress assembled. assemb-led. That tho United States marshal of Utah Territory may appoint deputies depu-ties in each of tho l.il judicial districts of said Territory. Said deputies shall bo authorized to enter upon the discharge dis-charge of their duties upon the approval ap-proval of such appointment by the judge of the district court of the district tor which each is appointed; and taid deputies shall tako and subscribe the same oath proscribed bylaw to bo taken by tho marshal, and givo bond, with good and sufficient sureties, to said marshal, in tho penal sum of ten thousand thou-sand dollars, conditioned for tho faithful faith-ful disohargo of their duties as such deputy; and said appointment, appiov-. al, oath, and bond shall be entered upon the records of said court, and tho judge of such district court may remove re-move any such deputy marshal at pleasure, and tho offices of attorney-genera attorney-genera of tho said Territory, and Tcr-fitorial Tcr-fitorial marshal aro hereby abolished. Sec. 2. That it shall bo tho duty of said marshal, in" person or by his deputies, to attend tho district and supremo su-premo courts of said Territory, and corveand execute all process orders, judgments, or decrees issued, rendered render-ed or directed by s.iid courts, or by any judge thereof, when t xerei.ing juri- , diction either ns a circuit or district court of the United States, or as a judge thereof, or as courts of the Territory, Ter-ritory, or ;lS 1 judge therrof. Sec. 3. That the United States distiict attorney of said Territory miy also appoint assistants in each of the judicial districts of said Territory, with tho approval of the judce of the district oouti of tho district for which such appointment is made, and snid assistant shall take and subscribe the 1 same oath prescribed by law to be ! taken by tho district attorney; and said appointment, approval, and oath shall be entered upon the records of said court?. Such assistants shall ro-j ceiv? the same fees and emoluments as ! the district attorney would ho entitled to for the same service, and shail be i removable at the pleasure of such dis- Sec 4. That it shall bo the duty of said district attorney, in person or by his assistants,to attend all the courts as well under the laws ot' said Territory Terri-tory as of the United Srates, and perform per-form the duties of prosecuting attorney attor-ney in all criminal caes arising in said courts. Sec. 5. That only male eitiienj of the United States over the ao ot" twenty-one years shall be competent to serve as grand or petit jurors in any oourt in said Territory. ; See. 6. That the cried jury of sai l , Territory sb'l ceT:r of e.cmeen j good and lawful men. :e!ve of fcom , eoncuniue my find slJ return a bin of indictment Seo. 7. That wlieoevfr a juuco of any district court of sa.d Territory hall determine that a en.nd or petit jury will be nee ded at h t. rm of such court, ibe saidjucgo, aiveor general, gener-al, by judge i hurmc'a auiendrnrnt. ; the crk uf such court, nnd the L oi ' ttd States marshal land two elected I COmmiMOOer )U-:(iC '1 uurujao j amtDOmeu j chall wirbout regard to j the religious, pol hum! or social opin- j jona oi such citizens, make a list in' wri in of two hundred icalo citizens uf the United States, above the ago of twenty-one years residing in such district, dis-trict, and shall afliz thereto their ccr-tilieate ccr-tilieate to the ctieet that the aamo is the hit fria which the grand and petit jurors are to be drawn for the terms of such court, to be holden within with-in the year next fallowing, and h h all eaue the same to bo filed in the oihee of the clerk of said court ; and whenever when-ever the judge shall order the clerk to iue a venire, the clerk in the presence of aid judge and marshal or his depu'y -hall write the names contained in the said list, each on a separate slip ot p:ip:r, all the i-lips being of the name Ue and kind, and hhall fold them unilurmly so that the name writ-tea writ-tea thereon shall be concealed, shall 'hen plan) them in a covered box and thoroughly mix aud mingle them, and shall then not select but Hhall draw, os by lot, therefrom tho requisite number ot names. If a grand jury be required, it hhnil he drawn first, and conoi.it ol the number before provided. The number of petit jurors thu.1 drawn shall . he hueh as in the opinion of such judge h needful to discharge the entire jury duty fur such term, and so that there nhall always he three more jurors than tho number required fur each separate panel, and the panel in each trial nhall ho twelve men. The clerk shall make a li.it in writing of the names of the persons so drawD, and the clerk and the marshal Hhall affix thereto their certificates of tho time and place of such drawing, and file the same in the otliec of said clerk, who shall forthwith forth-with issue a venire to tho said marshal, commanding him to summon the per' sonssodriwn to attend and nerve as such jurors at the time and place previously pre-viously designated by tho said judge, and such jurorB shall oonstituto the regular jurors for such term of the court lor all cases, whether arising un dor tho laws of tho United States or under tho laws of said Territory. If at any time a talesman or talesmen shall bo required, his or their names Hhall bo drawn from tho said box by the clerk in open court, and if the attendance at-tendance of such juror or jurors cannot can-not bo procured in a reasonable time other names shall bo drawn, and so from timo to tiuio until tho jury is obtained. ob-tained. No challengo shall bo allowed on tho ground that a juror had been summoned or had served at a previous term of oourt. Faoh party, whether in civil or criminal eases, shall be allowed al-lowed threo peremptory challenges. In criminal oases the court and not the juiy shall pronounce the punishment under tho limitation prescribed by law. Seo. 8. That in all oivil suits or proceedings pro-ceedings at law or in equity wherein tho United States aro neither a party nor interested lawful costs may bo taxed against and collected of tho proper pro-per parties, under tho direction of the oourt, and tho collection thereof on-' forced by exeoution or attachment against tho property of tho party. The fees of tho jury shall bo advanced by the plaintiff, and shall bo taxed as costs if tho plaintiff recover. Sec. J. That the United States at torney, assistant attorney, United' States marshal, and deputy marshal, aud each grand and petit juror shall receive, for his services in criminal oasoB or proceedings arising under tho laws of i ho Territory, tho samo toes or compensation as aro allowed for like services in criminal cases or proceedings proceed-ings arising uuder the laws of the United States, and Buch fees or compensation, com-pensation, being ascertained by the court or judge before whom the services aro rendered, or, in case of the attorney attor-ney anil marshal, by the supremo court of tho Territory, shall bo paid to tho said attorney, assistant attorney, mar- slim, anu deputy marsnai, ana jurors respectively from tho Territorial treasury. treas-ury. Seo. 10. That whenovor any future marriage in said Territory shall rest solely on tho contract of the parties followed by cohabitation, in all prosecutions prose-cutions for bigamy, polygamy, or adultery, ad-ultery, it shall not bo necessary to prove cither tho first or subsequent marriage by tho registration or certificate certifi-cate thereof or other record ovidenco, but tho samo may bo proved by Buoh evidence as is admissible to prove a marriago in civil cases, and proof of cohabitation by the accused with more than ono man or woman as husband and wife, and tho acts and declarations of the accused shall bo admissible in ovieenco against him or her. Sec. 11. That any woman now or hereafter holding tho relation of spouse, or consort, and not that of a lawful wife, to any man who at tho timo cohabits co-habits with another woman as his wile, spouse, or consort, may filo her petition in tho district court of the district in which sbo resides, asking to bo discharged from such relation, and tho person to whom she bears the relation rela-tion aforesaid being made a party thereto, aud having notico of such proceeding, tho said court may, upon duo hearing, adjudge and decrco her discharged and freed from such relation rela-tion as aforesaid, and may adjudges and decreo to her tho possession and control con-trol of her minor child or children, together to-gether with such portion of the estate and property of said man to whom she held the said relation as shall, under all tho oircumstances, bo equitable and just for the support of herself and minor min-or child or children, and the said court shall cause to bo mado on the records an entry of such decree.and give to her a declaration of discharge, setting forth briefly tho substance of such decreo, and upon the entry of such decreo the said woman so discharged shall be a femmo solo : Provided, nevertheless, i That nothing in this section oontaincd shall be construed to have tho effect of recognizing the validity or legal effect of any dual or plural marriage, or to repeal any laws in relation to divorce; and nothing in this act shall be held to repeal, annul, or change any existing laws against polygamy or bigamy otherwise than as the samo are modified in regard to tho evidence admissible ad-missible to provo the said offenses by the preceding section?. Sec.l-. That in all cases or proceedings proceed-ings when imprisonment may be ordered, if there be no jail or prison in which tho person can with safety be kept, tho court or judge may order such person to be confined in anv mili-tnry mili-tnry prison or earjip of tho United States in siid Territory.aod the officer or person in command of such prison or camp is hereby authorized and required, re-quired, on tho order of tho court or judge, to receive and safety keep such person until he shall be lawfully discharged dis-charged or removed therefrom. See. Ui. That if the United States marshal, or any of his deputies, shall be resisted, or threateLed with resistance, resis-tance, in the lawful execution of any writ, order, process, judgment, or decree de-cree of any couit or judge of said Territory, Ter-ritory, said marshal, or either of his deputies, may, if, in his judgment, assistance as-sistance is necessary, summon the passe eomita:us or may apply to the commander or person in charge of any military camp or post of tho I nited States in said Territory or to anv one having charge of troops of the United : States therein, for a posse to aid such officer, and, upon such application bc- i ine made, ibe commander or person in chance of ?uch military camp, post, or troops is hereby authorized to detail a j sufficient number of men to act as a posse coniitatus to enforce such writ or cificr pnx?.-s; and said marshal, or either of his deputies may make application ap-plication for such assistance when necessary nec-essary to suppress any mob, riot, or other tumultuous disturbance of the ! Sec. 1 1. That it shall he the duty of the governor of said Territory, so nfreo as it shail appear necessary, to inspect, or can-) to be inspected, the ja;is or other prisons in said Territory, and the mxnner prisoners are held, treated, and imprisoned therein; ao i the eoveruor shi.l make rules for th-e regulation and government ofsa:d japs and prisons' and he is hereby en:-p en:-p iwered to remove the ardecs ar.o k-cpers of a!' jiis ard prisons or other ; officers connected therewith, and ap-j point others in their stead, asotten a, in his opinion, the public good thill require. Sec 15. That no alien while living I in bigamy or polygamy thali.hereafter be admitted to cUjnhip of i'u-i Lai-ted Lai-ted States. Sec. TUat in the ab-senc, or in ca- of si'.-kne-s or other u.su.:hty, of any of the judges of .-aid Territory, or hit any cau-e what-vT which renders it nect-ffary, it nhall bo competent f-r either of the judges to h- d court or perform judieial dur.ien in any of the judicial distric s of said Territory; acd it in hereby uiudc the dii'y of said judges upon tho request or direction of the governor of said Territory in writing, writ-ing, 10 proceed to the ii.-f n-'ts designated desig-nated aud h id the tenus of the court therein until -'i'jh n-eerbiy sh-ill eea-e .Sec. 17. That the prolate ju'kes and notaries public in said Territory hhall be appointed by the governor, be nuhji.'ct to removal by him, and shall hold their office f r the term prescribed pre-scribed by law, or until their successors are appointed and quahtied. See. i. That an aprcal by any party aggrieved shall be allowed from all final decisions, orders, judgments, or decrees of all inferior courts I in said Territory to the district court of the di.-ir'ct; and a like appeal upon all matters ot law and equity from the district courts to the (upreme court, and by fc'reling-huysen'sameLdojentn fc'reling-huysen'sameLdojentn appeal in criminal crimi-nal capital cases to the supreme court of the United States 1 and in correction of tho proceedings of such inferior courts of said Territory, or of such district courts; and to prevent aud correct abuses by tho same, tho supremo court and district courts of said Territory arc hereby authorized to issue writs of error, cert ioriari, mandamus, injunction, prohibition, or other remedial process ; and in alt cases of appeal from one court to another, where a bond or security se-curity is required to bo given bv the party appealing, it bhall not bo lawful to demand or exact of such parly the payment of costs adjudged or taxed against him until tho appeal shall be finally disposed oi by tho appelate court; and tho supreme court of said Territory may make rules and regula tions as to tho mode and manner of taking and perfecting appeals from ono court to another in said Territory, and tho security, if any to bo given in such appeals, so that the just right of tho parties may bo scoured and preserved pre-served : Provided, that no appeal in civil cases shall bo allowed in matters not involving more than twenty dollars. dol-lars. And tho supreme court of the said Territory and tho judgos thereof only shall havo power to issuo writs of habeas corpus. Seo. 19. That in all casc3 of cleo-tion cleo-tion by ballot it shall bo unlawful for any person to put any number, figure, or device upon such ballot, whereby any person may bo enabled to ascertain by or for whom the ballot was given, and any violation of, or attempt to violate, this provision shall bo aecmed and taken to bo a felony, and, upon oonvictiou therecf.tho person so offending offend-ing may bo punished by a Quo not exceeding ex-ceeding five hundred dollars, or by imprisonment im-prisonment not exceeding one year, or by both such fino and imprisonment, in the discretion of tho court. And at all elections nono but male citizens of tho United States, over twenty-one years of ago, and who havo resided in tho county four months, and in the precinct or election distriot, thirty days prior to the olcction.sliall be qualified qual-ified te voto. Seo 20. That tho probate courts in their respective oounties in said Territory Terri-tory shall havo power to hear, try, and determine civil causes wherein tho debt or demand does not exceed two hundred dollars, but shall not exercise any criminal or equity jurisdiction whatever; what-ever; that tho district courts in said Territory shall havo exclusive original jurisdiction in all actions for divoroe or alimony, and in all chancery cases and proceedings ; all courts in said Territory, except the supreme,district, probate, and justices' courts, provided for in tho organic act thereof, and excepting ex-cepting county courts bo far as relates to the exercise of executive functions, except as hereinafter provided, aro hereby abolished. The judges of tho supreme oourt may by a general order fix tho timo and place for holding the respective district courts, whioh order shall continue in forco for one year and until otherwise ordered ; and special terms in any district shall, when necessary, nec-essary, be fixed by tho order of said judges. The supreme court may establish es-tablish the judicial districts authorized under tho act establishing said Territory, Terri-tory, and assign the judges thereto. The district courts shall havo exclusive original jurisdiction in all proceedings for tho condemnation of private property pro-perty lor public uses, subject to review as in other cases by tho supreme court. Sec. 21. That each district court in tho Territory shall appoint a shorthand short-hand reporter, whose duty it shall be to report and transcribe tho testimony and proceedings in all oriinioal oases, and who shall rcoeive compensation therefor not exceeding ten dollars per day lor the time necessarily employed in court and in transcribing his notes, which transcript shall bo filed in the cause. Such lees or compensation for services in cases of proceedings arising under the laws of the Territory, being taxed by the court or judge, shall be paid to such reporter from tho Terri torial treasury, and in case the Terri- 1 toria! legislature shall fail to make provision pro-vision tor the payment of tho compensations compen-sations by this act made chargeable upon thj Territorial treasury, then in such case the same shall bo paid out of tho funds which have been or shall i bo appropriated by congress to defray tho expenses of tho Territorial legislature legisla-ture and for tho compensation of the members thereof, and the compensation compensa-tion of such members shall bo diminished dimin-ished accordingly. Seo. '2,2. That if any person not qualified to voto shall vote, knowing himself to be disqualified, at any election, elec-tion, or if any qualified voter shall unlawfully un-lawfully cast at any election more than ono vote tor the same officer or officers, ho shall be deemed guilty of a misdemeanor, misde-meanor, and shall, upon conviction thereof in tho district court of the proper district, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or by both such fino and imprisonment, impris-onment, in the discretion of the court. Seo. "3. That at any general or speo-ial speo-ial election heid in said Territory, the election precincts shall be established and designated at least thirty days before be-fore the election. Seo. 1M. That the acts nnd parts of acts passed by the legislative assembly ot the said Territory are hereby modified, modi-fied, controlled, or repealed as follows, namely: That tho corporation existing under an act entitled "An ordinance incorporating the Church of Jesus Christ of Latter-Pay Saints," approved ap-proved February eighth, eighteen hundred hun-dred and fifty -ane, is hereby forbidden and disqualified from being the owner, directly or indirectly, of an amount of property in value greater than six mil-lior-s of dollars, and forbidden from solemnizing sol-emnizing or tormic.i;, or authorizing to be solemnized or formed, any marriage or similar relation, contrary to the provisions pro-visions ot existing statutes against bigamy biga-my and polygamy, or contrary to the common com-mon law; and the said ordinance shall be subject to be ahvred or repealed by concuss an i by tii.- State at any time forme i out of the Territory ot Utah, and the said corporation shall bo subject sub-ject to be dissolved by encresi or by such State; that the eighteenth and twenty second see;i"rts of an act ec-titled ec-titled "An act in relation to the judiciary,'' judi-ciary,'' approved Janu iry nineteenth, eighteen hundred and fifty -five, and the first, fourth, twentieth, and twen:y- , sixth sections of an act entitled "An act recularine the mode of procedure . in civil c.-e? in the courts nf the Tcr-s Tcr-s nto-y ot Utah." approved D cember , t fume; a, eighiee u he.n irrd and ; irty t.-.o; also sections four and thirteen ! of an act entitled "An aer ; rilaiioa , to jii-;:ees of the peae-." approve-! ! t bruary fourth, t:gh:e-.D ha.-i.ed ar-d riliy-iwo; 3..-0, arj tci cLiit.-jd, "An ' act en ferries up.'i w ri.; n the elective fianehi--."' arp-oved Kjbruirj twu f:h, eighticn hundred an i seven y; a se. an act entKit-i "An ae' pruvi.j.ru t.r the ujaDJgLa eal -t certain prop.-rty," ap.- roved Jacui-y t we - ;ir n, rLu. ti bandied and fi:ty-four; a!-o, th it the fii&t section, of an act entitled "An act imiticg the time of commencing civil istijQs," approved February sixteenth, jigh'.een hundred and etvent) -two. are hereby repealed, and all causes of ae'ion referred to in the first section of -a:l last-mentioned act shail reujaio and be unaffected th-r- by; aud ad the o:h-r parn 01 tl e last earned act fchall only be prospective from the time of its pa.-sa-e, at-d thall not affect causes ot action existing when tho law was pas--e-i; which causes of action shad be bruited and dett rmined according to the then cxi-iing laws; and, also, that the :t entitled "An act tor the organization organiza-tion of ihe militia ot' the Territory of Utah," approved January fifteenth, eighteen hundred and fi.ty-seven , aud thu seem of reguhnions for the present organization and government of the militia of tho Territory of Utah," adopted July, eighteen hundred hun-dred and filty-seven; also, section seven and scc'.ion eight, so far as they give the control of iu.iune persons, their families, children, aud estates, real or personal, and so far as they give the I control of orphans and minors to the county courts of said Territory, being the beventh and oiehth aeetious oi' an act entitled "Au act creating the orEce of selectmen, and prescribing their duties, also tho duties of county courts," approved January eighth, eighteen hundred and sixty-six; also, section one of an act entitled "An act containing provisions applicable to the laws of tho Territory of Utah," approved ap-proved January fourteenth, eighteen hundred and fif'iy-lbur; also, an act entitled "An act in relation to writs of habeas corpus," approved February second, eighteen hundred and fifty-two, so far as the eame purports to confer upou the probate courts the power to issue or allow writs of habeas corpus; also, section three of an act entitled "An act in relation to writs of ejectment," eject-ment," approved March third, eighteen hundred and fifty-two; aUo,seotioD twea-tv-l'our of an act entitled "An act re gulating tho mode of procedure in criminal crim-inal cases," approved January twenty-( firtt, eighteen hundred and fifty-three; aio, section three of an act entitled "An uut to rcgulato surveyors and surveying," survey-ing," approved March third, eighteen hundred and fifty-two ; also, section five of an act entitled ''An act regulating regu-lating elections," approved January third, eighteen hundred and fifty-three; fifty-three; also, section three of an act entitled en-titled "An act concerning the property-rights property-rights of married persons," approved February sixteenth, eight hundred and seventy-two, aro hereby repealed. And all acta or parts of acta so far as the same aro inconsistent or in conflict with tho provisions of this act arc hereby repealed, and no acts shall hereafter be passed by the legislature of tho said Territory inconsistent or in conflict with the principles of tho repealing re-pealing provisions of this act. |