Show O IWtJ I I riiiq To be Swallowed by Both S Saints anthSiniiersrr I JL ti L J IJ11 TO BE PASTED IN YOUR HAT 1 O I t nO The Teit of the Bill Now a Law Made So by a Wiled r C f Baokbonei M J BaokboeiT7 l i AN ACT S To amend an act entitled An act to amend Section6352 of the Revised Statutes of the United States in reference refer-ence to bigamy and for other purposes pur-poses approved Mar l2 1852 Be it enactedJby theSenate and House of Representatives of the United States in Congress assembled That in any proceeding proceed-ing or examination before a grand jury ajudge jtistice or a United States commissioner com-missioner or a co jrtin any prosecution for bigamy polygamy or unlawful cohabltationnnder any statute of the United States the lawful husband or wife of the person accused shall be a I competent witness and may be called but shall not be compelled to testify in such proceeding examination or prosecution prose-cution without the consent of the husband or wife as the case may be and such witness shall not be permitted to testify as to any statement or communication com-munication made by either husband or wife to each other during the existence of the marriage relation deemed confi dentja at common law SEC 2 That in any prQsecution for bigamy polygamy or unlawful cohabitation cohabi-tation under any statute of the United States whether before a United States commissioner justice judge a grand jury or any court an attachment attach-ment for any witness may be issued by the court judge or commissioner com-missioner without a previous subpoena compelling the immediate attendance of such witness when it shall appear by oath or affirmationto the commissioner justice judge or codrt as the case maybe i may-be that there is reasonable ground to I be eve = that such witness will unlawfully unlaw-fully fail to obey a subpoena issued and served in the usual course in such cases and in such case the usual witness wit-ness fee shall be paidto such witness so attached opiaed1 ahat the person so attached may at anytime secure his or her discharge from custody by executing execut-ing a recognizance with sufficient urety conditioned for the appearance of such person at th proper time as a witness in the cause or proceeding whereli the attachment may be issued SEC 3 That whoever commits adultery shall be punished by imprisonment imprison-ment in the penitentiary not exceeding three years and when the act is committed com-mitted between a married woman and a man who is unmarried both parties to such act shall be deemed guilty of adultery and when such act is corner corn-er itted between a married man and a woman who is unmarried the man I shall be deemed guilty of adultery I r SEC 4 That i any person related to another person within and not including includ-ing the fourth degree of consaugumity computed according to the ules of the civil law shall marry or cdhaoit withor have sexual intercourse withsuch other so related person knowing her or him to be within said degree of relationship relation-ship the person so offending shall be deemed guilfy of incest and on conviction convic-tion thereof shall be punished by imprisonment in the penitentiary not less than tnree years and not more than fifteen years SEC 5 That if an unmarried man or womaij commit fornication each of them shall be punished by imprisonment imprison-ment not exceeding six months or by fine not exceeding 10 SEC 6 That all laws of the Legislative Legisla-tive Assembly of the Territory of Utah which provide that prosecutions for adultery can only be commenced on the complaint of the husband or wife are hereby disapproved and annulled and al prosecutions for adultery may hereafter here-after be instituted in the same way that prosecutions for other crimes are SEC 1 That commissioners appointed ap-pointed by the supreme court and district dis-trict courts in the Territory of Utah shall possess and may exercise all the powers and jurisdiction that are or maybe may-be possessed or exercised by justices of the peace in said Territory under the laws thereof and the same powers conferred by law on commissioners appointed by circuit courts of the United States SEC 8 That the marshal of said Territory Ter-ritory of Utah and his deputies shall possess and may exercise all the powers in executing the laws of the United States or of said Territory possessed andexercised by sheriffs constablesanc their deputiess peace officers and each of them shall cause all offenders against the law in his view to enter into recognizance to keep the peace and to appear at the next term ol the court havingijurisdiction of the case ami to havingfUisdiction commit to Jail in case failure to give such recognizance They shall quell and suppress assaults and batteries riots routs affravs and insurrections SEO 9 That every ceremony of marriage mar-riage or in the nature of a marriage ceremony of any kind in any of the Territories of the United States whether vither or both or more of the parties to such ceremony be lawfully competent to be the subjects of such 1 marriage or ceremony or not shall be i certified by a certificate stating the fact and nature of such ceremqny the full names of each of the parties concerned and the fall names of every officer j priest and person by whatever sty e i designation called or known in anyway I any-way taking part in the performance of such ceremony which certificate shall be drawn up and signed by the parties to such ceremony and by every i officer priest and person taking tak-ing part in the performance of i such ceremony and shall beBy the I officer priest or other person solemn I izing such marriage or ceremony fed in the office of the probate court or i I there be none in the office of the court having probate powers in the county or district in > Which > snch1cerepiony anal takeplace for recordiand laU haU immediately recorded and be at all times subject to inspection as other i public recjrds Such Certificate or the I record thereof or a duly certifiet I copy of such rEcord shall be prime i facie evidence e of Jhe facUvjequiredb this act tobe stated therein in any proceeding pro-ceeding civilor criminal in1 which the rrfatter shaUjbe drwnjaquesjjon Any jiison who snal willfully violate any of theprovisionsofth3 secttonsrrairb deemed guilty > of a misdemeanor ant shall on couviction thereof be punished pun-ished by a fine of not more that 51000 or by imprisonment not longer than two years or by both said punishments punish-ments in the discretion of the court I I Sfil 0 That nothing in this act I hall be held to prevent tBe proof of marriages whether lawful or unlawful by > any evidence now legally admissible for that purpose SECt purpose the laws enacted bjr the Legislative Assembly of the Territory Terri-tory of Utah which provide for or recognize recog-nize the capacity of illegitimatffchildren itoi hert or to be entitled t any distributive distri-butive share in ftie estate of The father of any such illegitimate child are hereby here-by disapproved and annulled and no illegitimate child shall hereafter be entitled to inherit from his or her father or to receive any distributive share inthfe estate of his or her father Phtided That this section shall not apply to any illegitimate child born within twelvemonths aiter the passage of this act norto any child made legitimate by the seventh section of the act entitled An act to amend section 5352 of the Revised Statutes of the United States in reference to bigamy and for other purposes approved March 22 1852 SEC 12 That the laws enacted by the Legislative Assembly of the Territory of Utah conferring jurisdiction upon probate courts or the judges thereof or any of them in said Territory other han in respect of the estates of deceased persons and in respect of the guardianship guardian-ship of the persons and property of infants ants and in respect of the persons and proper y of persons not of sound mind are hereby disapproved and annulled and no probate court or judge of probate pro-bate shall exercise any jurisdiction other than in respect of the matters aforesaid except as a member of a county court and every such jurisdic ion so by fores of this act withdrawn from the said probate courts or judge shall be hadand exercised bythe district courts of said Territory respectively respec-tively SEC 13 That i shall be the duty of the AttorneyGeneral of the United States to institute End prosecute proceedings pro-ceedings to forfeit and escheat to the United States thenroperty of corpora tons obtained orheld in violation of section 3 of the act of Congress approved ap-proved the 1st dayiOf July 1862 entitled An act to punish and prevent the crime of polygamy in the Territories of the United States and other places and disapproving and annulling certain acts of the Legislative ABembly ofthe Territory Terri-tory ofttab otln violation of section 1890 of the Revised Statutes of the United States and all such property so forfeited and escheated to the United States shall be disposed of by the Secretary of the Interior and the proceeds pro-ceeds thereof applied to the use and Benefit of the common schools in the Territory in which such property maybe may-be Provided That building or the grounds appurtenant therQto Swhi3h is hell and occupied exclusively for purposes pur-poses of the worship ofGod pr parsonage parson-age connected therewith1 or burial ground shall be forfeited SEC 1 That in any proceeding for the enforcement of the provisions of law against corporations or associations acquiring or holding property in any Territory of the United States in excess of the amount limited by layflj the court before which such proceeding may be instituted hal have power in a summary sum-mary way to compel the production of all books records papers and documents docu-ments of or belonging any trustee or person Holding controlling or managing manag-ing property which such corporation may have any right title or interest whatever SEC 15 That all laws of the Legislative Legis-lative Assembly of the Territory of Utah or of the socalled government of the State of Deseret Stte creating organizing organ-izing amending or continuing the corporation or association called the Perpetual Emigrating Fund Company are hereby disapproved and annulled and the said corporation in so far as i may now have pretend to haye any legal existence is hereby dissolved and it shall not be lawful for the Legislative Legis-lative Assembly of the Territory of Utah to create organize orin arty manner man-ner recognize any such corporation or I association orto pass any law for the purpose of or operating to accomplish I the bringing of persons into the said Territory for any purpose whatsoever SEC 16 That it shall be the duty of the AttorneyGeneral of the United States to cause such proceedings to betaken be-taken in the supreme couit of the Territory Ter-ritory of Utah as shall be proper to 0irry into effect the provisions of the preceding section and pay the debts and to dispose of the property and assets of said corrJoration according to law Said property and assets in excess of the debts and the amount of any lawful claims established by the court against the same shall escheat to the United States and shall be taken invested and disposed of by the Secretary Secre-tary of the Interior under the direction of the President of the United States for the benefit of common schools in said Territory SEC 17 That the acts of the Legislative Assembly of the Territory of Utah incorporating in-corporating continuing or providing for the corporation Knownas the Ohtirch of Jesus Christ of LatterDay Saints and the ordinances of the so called general assembly of the state of Deseret incorporating the Church of Jesus Christ LatterDay Saints so far as the same may now have legal force and yahdity are hereby disapproved disap-proved and annulled and thesaid corporation COI poration in so far as itmay now have or pretend to have any legal existence Is hereby dissolved That I shall be the duty of the AttorneyGeneraT the United States fo cause such proceed ings tobe taken in the supreme c6urt of Territory of Utah as shall be proper to execute the foregoing proIer this section and to wind up the affairs of said corporation conformably t law and in such proceedings the court shall have power audit shall bait duty to make such decree or decrees as shall be proper to effectuate the transfer of the title to real property now held and used by said corporation for places of worship and personages connected therewith and burial grounds and qf the description mentioned in the proviso section J3 of this actand in section 26 of this act to the respective trustees mentioned in section 26 of this act and for the purposes of this section said court shall have all the powers of a court of equity SIC 18R aA widow shall endowed of the third part of all the lands whereof where-of her husband was seized of an estate of inheritance at any time during the marriage unless she shall have lawfully law-fully reteasea Her right i thereto S 6 The widow of anyalfenwlio l at the time of hiadeath shall be 1 entitled by liw lo Hold any real estate1 if she be an Ihabitant of toe Terrifory the lime of such death shall be entitled dower of snchjCstafBJathe sam anneras i such alien had been native citizen cJf a husband seized of arf1 estate oi f inheritance in lands exchanges them for other lands his widow shall not have dower of both bdr shall make bur election to be endowed of the lands given or of those taken i exchange and if such election be not evinced by the commencement of proceedings to recover er dower of the lands given in exchang within one year after the death of her husband she shall be deemed to have elected to take her dower of the lands received in exchange I ex-change changed When a person seized of an estate of inheritance in lands shall have d-exe executed mortgage or other a morgage cuted-convey conveyance in thenature mortgage of such estate before marriage his widow shall nevertheless be entitled to dower out of the lands mortgaged or so conveyed as against every person except the mort acee or grantee in such conveyance and those claiming under him eWhere a husband shall purchase lands during coverture and shall it the same time execute a mortgage or other conveyance gin the nature of mortgage of his estate in such lands to secure the payment of the purchase money his widow shall not be entitled to dower out of such lands as against the mortgagee or grantee in such ance-con conveyance or those claiming under him although shall not have united in such mortgage but she shall be entitled to her dower in such lands as against all other persons 1 Where in such case the nwrtgagee or such grantee or chose claiming veyance-un under him shall after the death of the husband of such widow cause the land mortgaged or so conveyed to be sold either under a power of sale contained in fhe mortgage e or such conveyance or by virtue of the decree of a court i any surplus shall remain after payment of the moneys due on such mortgage or such conveyance and the costs and charges of the sale such widow shall nevertheless entitled to the interest or income of the onethird part of such surplus for her life as her dower g A widow shall not be endowed of lauds conveyed to her husband by way of mortgage unless he acquire an absolute abso-lute estate therein during the marriage period h In case of divorce dissolving the marriage contract for the misconductof the wife she shall not be endowed SEC 1 That hereafter the jud e of probate in each county within tne Territory Terri-tory of Utah provided for by the existing exist-ing laws thereof shall be appointed by the President of the United States by and with the advice and consent of tde Senate and so much of the laws of said Territory as provide for the election of such judge by the Legislative Assembly are hereby disapproved and annulled SEC 20 That it shall not be lawful for any female to vote at any election hereafter here-after held in the Territory of Utah for any public purpose whatever and no such vote shall be received or counted or given effect in any manner whatever and any and ever act of the Legislative Assembly of the Territory Utah providing pro-viding for or allowing the registration or voting by females is hereby annulled SEc21 That all Jaws of tne Legislative Legisla-tive Assenibly of the Territory of Utah whicbfprovide for numbering or identi fying the votes of the electors at any election in said lerritory are hereby disapproved and annulled but the foregoing fore-going provision snail not preclude the lawful registration of voters or any other provisions for securing fair elections elec-tions which do not involve the disclosure disclos-ure of the candidates for whom any particular elector shall have voted SEC 22 That the existing election districts and apportionments of apportimments representation repre-sentation concerning the members of the Legislative Assembly of the Terri tory ot Utah are hereby abolished and it shall be the duty of the governor Territorial secretary and the board of commissioners mentioned in Section 9 of the act of Congress approved March 22 1882 entitled An act to amei d section 5352 of the Revised Statutes of the United States in reference to bigamy and for other purposes I in said Territory Terri-tory forthwith to redistrict said Territory Terri-tory and apportion representation in the same in such manner as to provide as nearly as may be for an equal representation repre-sentation of the people excepting Indians not taxed being citizens of the United States according to numbers in said Legislative Assembly and to the number of members of the council and house of representatives respectively as now established by law and record of the establishment of such new districts and the apportionment of representation rep-resentation thereto shall be made in rep office of the secretary of said Territory and such establishment and representation representa-tion shall continue until Congress shall otherwise provide and no persons other than citizensof the United States otherwise other-wise qualified shall be entitled to vote at any election in said Territory Ec2 That the provisions of section secton 9 of said act approved March 22 1SS2 in regard to registration and election officers and the registration of voters and the conduct of elections and the powers and duties of the board thereip mentioned shall continue and remain operative until the provisions and laws therein referral fo to be made and I enacted by the Legislative Assembly of said Territory of Utah shall have been I made and enacted by laid assembly and shall have been approved by Congress SEC 2 That every male person 2t years of age resident in the Territory of Utah shall as a conditionprecedent to his right to register or vote at any election in sal Territory take and subscribe an path of affirmation before the registration officer of his voting precinct that he is over 21 years of age and has resided in the Territory of Utah for sixmonths then last passed and in the precinctfor one month immediately preceding the date thereof and that he is a native born or naturalized as the case may be citizen of the United otates and further statein such oath or affirmation his full name with his age place of business his status whether single or married and if married the name of his lawful wifeand that he will support the Constitution of the Uiiited States and will faithfully obey the laws thereof and especially will obey the net of Co gross approved March 22 1882 entitled An act to amend section 5352 of the Revised Statutes of the United States in reference to bigamy and for other purposes and will also obey this act in respect of ihe crimes in said act defined and forbidden and that he wi not directly or indirectly aid or abet counselor adyis any otner person to commit any of said crimes Such registration regis-tration officer authorized admrnister said oath oraffirmation and all such oaths or affirmations shall be by him delivered to the clerk of the probate court of the proper county and shall be deemed public records therein But i any election shall occur in said Territory Terri-tory before the next revision of the reg istration lists a required by law the said oath or affirmation shall be administered admin-istered by the presiding judge of the election precinct on or before the day ol election As a conditionprecedent to the right to hold office in or under t Territory the officer before entering the duties of his office sal take and subscribe oath affirmation declaring declar-ing his full name with his age place of business his whether status married or single and i married the name oi his lawful wife and that he will support the Constitution of the United States Oonsttutior Unied and will faithfully obey the laws thereof and especially will obey the act of Congress Con-gress approved March 22 1882 entitled An act to amend section 5352 of the Revised Statutes ofhe Unite Statesnn reference to bigamy and for other purposes pur-poses and will also obey this act in respect of the crimes in said act defined and forbidden and that he will not directlyor indirectly aid or abet counsel coun-sel or advise any other person to commit any of said crimes which oath or affirmation shall be recorded in the proper office and indorsed on the commission com-mission or certificate of appointment All grand and petit jurors in said Terri tory shall take the same oath or affirmation affirma-tion to be administered in writing or orally in the proper court No person shall be entitled to vote in any election in said Territory or be capable of jury service or hold any office of trust or emolument in said Territory who shall not have taken the oath or affirmation aforesaid Xo person who shall have been convicted of any crime under this act or under the act of Congress aforesaid afore-said approved March 22 1882 or who shall be a pclygamistor who shall associate asso-ciate or habit polygamonsly with persons per-sons of the othersex shall be entitled to vote in any election in said Territory or be capable of jury service or to hold any office of trust or emolument in said Territory SEC 25 That the office of Territorial superintendent of district Ichoplaj created by the laws of Utah is hereby abolished and i shall be the duty of the supreme court of said Territory to appoint a commissioner of school who shall and exercise all the shal possess al powers and duties heretofore imposed by the laws of said Territorv anon theTerri torial superintendent of district schools and who shall receive the same salary and compensation which shall be paid out of the treasury of said Territory and the laws of Cue Territory of Utah providing for the method of election and appointment 0f such Territorial superintendent super-intendent of district schools are hereby suspended until the further action of CQngress shall Ije had in respect thereto The said superintendent shall have power to prohibit the use in any district school of any book of sectarian character charac-ter or otherwise unsuitable Said superintendent shall collect and classify statistics and other information respecting respect-ing the districts and other schools in said Territory showing their progress the whole number of chIldren school age the number who attend school in each year in the respective counties the respectve average length of time of their attendance atten-dance the number of teachers and the compensation paid to the same the number of teachers who are Mormons I the number who nrc socalled Gentiles I the number of children of Mormon parents and the number of children qf socalled Gentile parents and their respective average attendance at school i all of which statistics and information shall be annually reported to Congress through the governor of said Territory and the Department of the Interior SEC 26 That all religions societies sects and congregations shall have the right to have and to hold through trustees appointed by any court exercising exer-cising probate powers in a Territory only on the nomination of the authorities authori-ties of such society sect pr congregation I congrega-tion so much real property for the erection or use of houses of worshipand forsuch parsonages and burial grounds as shall be necessary for the convenience conveni-ence and use of the several congregations congrega-tions of such religious society sect or congregation SEC 27 That all laws passed by the socalled state of Deseret and by the Legislative Assembly of the Territory of Utah for the organization of the militia thereof or for the creation of the Navoo Legion are hereby annulled and declared of no effect and the militia of Utah shall be organized and subjected in all respects to the laws of the United States regulating the militia in the Territories Ter-ritories Provided however That all general officers of the militia shall be appointed by the governor of the Territory Terri-tory by and with the advice and consent con-sent of the council thereof The Legislative Legis-lative Assembly of Utah shall have power to pass laws for organizing the militia thereof subject to the approval of Congress |