| Show BY ACTS AND PASSED AT THE bession tES SION OF THE UTAH territorial I 1 IAL legislature AN ACT concerning A i FERRY OR FERRIES ACROSS BEAR RIVER AND A BRIDGE ACROSS THE MALAD I 1 ses seef 1 be it enacted by the governor and legislative assembly of the territory of utah that joseph young david fullmer john y young and william Y empy have the right to c establish tab s h a ferry or ferries across bear river for three years during the ferrying seasons of each year from the passage of this act at a place which will best the public interest between the mouth of said river and a point five miles east of the mouth of the kanyon see sec 2 said young and others other 4 file their bond with the secretary odthe of the territory orv in the p penal enal sum of one thousand dollars payable to the he people of the territory of utah conditioned for the faithful paying over the per hereinafter prescribed see sec 3 abe said young and others shall pay ten per cent of all they receive as toll on oil said ferries and bridge to the ibe treasurer of the perpetual Emi emigrating graling fund company 3 on oath 0 affirmation onor on or before the first day of see sec 4 said young and others shall be allowed to charge toll at the following rates viz for a carriage or drawn by two ani animals 3 00 99 cc I 1 bv four animals 4 00 CC cc cc six animals 5 00 it it cc eight animals 6 00 cc cc cc ten animals 7 00 cc f C cc i twelve animals 8 00 for carts one half the foregoing im 0 rates e each ach all animals with their packs p acks each I 1 00 all packs each 0 50 all horses mules jacks oxen cows and bulls except pac pack ck animals each 0 25 all colts calves sheep hogs goats each 0 10 all necessary drivers and assistants in ferrying 11 and animals free all other men each 0 25 see sec 5 if any person or persons shall establish a ferry within the defore before described limits without a grant from the governor and legislative assembly he be or they shall forfeit and pay to the people of the territory of utah the sum of one thousand dollars to be collected as an action of debt see sec 6 nothing 0 in this acts act shall ball be so r construed as to prevent auy any person ferrying themselves with their effects but they shall not be allowed to sell or give their boats or crafts to any man or men except to the ferry company sec 7 the said young and others are hereby required to erect a good and substantial bridge across the malad about three miles west of the ferry on bear river for three years during z the ferrying ferrai seasons thereof hereof and are allowed the privilege allege of collecting toll on the same at the following tat ratte viz for carriages and wag gons each 1 I 1 50 for carts I 1 1 00 for pack animals each 0 25 for all loose ho horses mules jacks oxen and cows each 0 10 for colts calves sheep goats and hogs each 0 02 01 all men free see sec 8 if any person or persons shall establish a ferry or bridge across the malad without the grant of the gover governor nor and legislative assembly gembl 1 he or they shall forfeit and pay to the people of the territory of utah the sum of f five ive hundred dollars to be collected as an action of debt see sec 9 in case said young and others shall fail to establish said ferry or bridge according to the provisions of this act the governor vernor may appoint some som other eother person or persons to establish the same as herein contemplated see sec 10 the charter chart lei granted by the governor and legislative assembly to the before mentioned young and others and approved by the governor january 1852 is hereby repealed Appt approved oved january 1853 Secre office off ice territory te r of utah january 1853 I 1 hereby certify that the above is a true copy odthe act entitled an act concerning q ning a ferry or ferries across bear river and a bridge across the malad passed by the governor and legislative legi assembly of the territory of utah approved P jan 1853 and of the whole of uch such 8 act G FERRIS I 1 secretary AN ACT GRANTING UNTO CHARLES HOPKINS AND OTHERS TUE THE RIGHT TO BUILD A BRIDGE ACROSS THE RIVER JORDAN see sec 1 be it enacted by the governor and legislative assembly of the territory of utah that charles hopkins ezekiel Ij hopkins and alonzo rhoads citizens of lehi city utah county ae aae hereby authorized and empowered a eom company pany for the purpose of building a toll bridge across the jordan river at any point within ten miles north of utah lake that the citizens of said city may determine see sec 2 the within named charles hopkins zekiel ezekiel E hopkins and alonzo rhoads are hereby authorized to take and to sell stock each share until a sufficient amount of stock shall be taken to defray the expenses of building said bridge see sec 3 there shall be a committee of three chosen from among anday and by the stockholders whose duty it shall be to keep an accurate account ot dt all expenditures also to superintend the building and to do such other business for the company as a ma majority maco rity of the stockholders I 1 may deem expedient for the general good see 4 every stockholder shall be entitled to one vote for each share that he may have taken see sec 5 the bridge shall be built to the acceptance cep tance of the territorial commissioners sec ec 6 the city council of lehi city are by this act authorized to regulate the rates of toll for crossin crossing said a id bridge see sec 7 ve the company thus formed may have the tight right to hold claim on the bridge until they have realized one hundred per cent over and above all expenditures after which said bridge shall be turned over to the territorial commissioner in in good repair as the property of the territory approved jan 1853 Secre office territory of utah jan 1853 I 1 hereby certify that the above is is a true copy of oan an wt apt entitled clan an act ga gdan ting unto charles IS hopkins and others the right ht to build a toll bridge across the river jordan passed by the governor and legislative assembly of the territory of utah approved jan 1853 and aad of the whole of such act I 1 BENJAMIN G FERRIS secretary AN ACT appropriating MONEY FOR TRE THE completion OF THE BIG BIC COTTON WOOD CANAL see sec 1 be it enacted by the governor and legislative ta assembly of the territory of utah I 1 that the territorial road commissioner is bore hereby authorized to draw money from the public expend the completion of the canal and to keep a correct of all 4 money thus expended and aad year I 1 ly present it to the auditor of public accounts on or before the first day of october until said canal shall ae completed approved jan 21 1853 Secre office territory of utah jan 21 1853 5 I 1 I 1 I 1 hereby certify that the above is a true copy j of an act entitled entitle dAn an act appropriating money i for the completion of the big cottonwood canal ial I 1 11 passed by the governor and legislative assembly 1 of the territory of utah and of the 1 whole of such buch act I 1 BENJAMIN G FERRIS Soc secretary y I 1 AN ACT authorizing TIIE THE ERECTION OF A FERRY OR FERRIES ON HAMS 1 FORK RIVER I 1 I 1 see sec 1 be it enacted by the Gove governor and I 1 legislative assembly of the territory of utah that joseph busby have the exclusive right of erecting a ferry or ferries on hams fork river for the term teim of five years from and after the passage of this act at some points within this territory for the accommodation of the emigration irom from the states to california oregon and this territory provided he pay upon oath five per cent of all monies collected of said ferry err or terries ferries into the treasury of the perpetual emigrating fund company for the benefit of said paid fund on or before the first day of september of e each ac year sea bee 2 the said joseph busby shall not be allowed to charge over the following rates of toll viz for all buggies c carriages arr lages i or wag gons whose burthen is not over 2000 lbs bs 2 each for all do do do whose burthen is over 2000 lbs bs and oot not exceeding 0 2 50 I 1 each for all do do CIO do whose burthen barthen is over lbs bs and not exceeding lbs bs 3 each for all do do do whose burthen is over bs lbs 3 50 each sheep goats and hogs each 10 cents every ther other animal each 20 cents see sec 3 the said joseph busby before erecting said ferry or ferries shall give bonds to the treasury 0 of the territory of utah in the penal sum of five hundred dollars to be approved by the governor for paying over the per 11 I 1 as contemplated in the first section of thi this s act see 4 in ease of unusual high water or storms of adi any kind so as to render it unsafe to ferry said river then the said joseph busby shall not be required at such times to run said ferry or ferries but any agreement of parties may be allowed as to risk and price and in case the said joseph busby fail to erect and keep in in repair a good and substantial ferry or ferries on said river as contemplated in this act then the right to ferry as herein granted shall be forfeited and the governor is hereby authorized and empowered to establish a ferry or ferries on said river as contemplated in this act approved jan 1853 Secre office territory of utah jan 1853 1852 I 1 hereby certify that the above is a true cc copy of an act entitled an act authorizing tty the e of a ferry or ferries on hams fork river passed by the governor and legislative assembly of the territory utah app approved raved jan 1853 and of the whole of such act BENJAMIN G FERRIS secretary resolution IN RELATION TO washington MONUMENT resolved by the governor and Legis legislative assembly of the territory of utah that the governor is hereby authorized and requested to forward to the washington monument committee at washington eity the block of marble now in the library as was designed and authorized by the legislature of the Provisional visional government of the state of deseret during the session of that body in 1850 and that the auditor be instructed ted to issue his warrant upon the territorial treasury for any amount which the governor may require to defray the expense thereof approved jan alst 1853 Secre office territory of utah jan 1853 1 I 1 hereby certify that the above is a true copy of a resolution in relation to the marble block for the washington monument passed by the legislative assembly of the territory of utah and approved jan alst 1853 BENJAMIN G FERRIS secretary AN ACT regulating THE MODE OF PROCEDURE IN CRIMINAL OASES CASES see sec 1 be it enacted by the governor and legislative assembly of the territory Terri toy of utah 1 atah that when a justice or andge knows or has he is information under finder oath that a person has ahr threatened ea to commit auy any of fence he shall issue an order requiring an officer to bring such person before him when he shall examine the matter and may require bonds for good behavior for not less than three months nor longer than his stay in this territory or retain him a discretionary length of time see sec 2 any person being present at the commission of an of fence shall forthwith take the offender before the nearest justice or probate judge for examination see sec 3 when a complaint is made under oath that an offence offense has been committed the theja the justice stice or j lidge judge shall issue an order requiring an officer to take all requisite steps to bring the offender before him see sec 4 when a person accused of committing an of fence is brought before a justice or judge he shall determine whether such person shall be put upon trial or released see sec 5 if it be determined that the accused be put upon trial and the justice or judge has jurisdiction of the case he shall appoint a time and if not he shall order an officer to take him and the necessary papers to a court having jurisdiction see sec 6 the justice or judge shall issue an order to an officer to summon all the witnesses required but bat neither party shall have more than three witnesses to prove the same fact see sec 7 S at the time of trial if the accuser or an important witness be ab absent tent the court shall issue issue a compulsory order for his appearance and may adjourn until it can be had see sec 8 when the accusation is read if the accused confess he is guilty the court may may inquire into the amount of guilt and decide accordingly and if not the evidence on the part of the accusation shall be heard and then that of the accused after which if either party can satisfy the court that importance evidence which he can procure is is still wantia wanting his demand may be complied witha when a aal 1 the evidence is heard the accuser may make such applicable remarks as he deems pr operAnd als also so the accused and the court shall render judge merit ment as soon as practicable see sec 9 in jury cases before the introduction of any evidence the court shall issue an order requiring an officer to summon for that purpose a reasonable number of judicious men re residents of the county out of which twelve or a less 1 number if agreed upon shall be r selected elected and if the number first rum summoned r is not sufficient the officer shall continue to summon till the number is complete see sec 10 the persons summoned to serve as jurors may be objected to far cause one by one I 1 by eit either er party arty alternately r ate a and n d in like i e manner either party part ma may i in ca capital j c cases a a es reject ec t six and in ot other or oases cases one third of the number numb er required in object objecting objection in I 1 the reason shall be stated and the court shall determine its validity see sec 11 the persons selected shall be sworn to try the case faithfully ully and give a just ajust verdict and have no communication concerning the case until they are discharged with an anya 0 but a fellow juror or with the court personally or through the officer in whose chang athey may be placed see sec 12 the court shall instruct the jury on the law and equity in the case and give div them such other instructions as may be necessary see sec 13 if the jury have to retire to agree upon their verdict the court shall direct an officer to keep them se from all others and to prevent their communicating with any but the court until they are discharged see sec 14 the verdict of the jury shall ishall bo be m abade ade by bv 1 their unanimous agreement and in writing ax biting and be presented to the court and read in the presence of the accused and in capital cases bases shall read guilty or 1 ano not t guilty and in in other cases if against t the he accuse accused shall state the amount of damages and the nature and extent of punishment punishment unish ment see sec 15 5 after being furnished all necessary if the jury satisfy the court that they cannot agree they shall be discharged and the court shall cause a another no th e jury J ary t to 0 be arranged and proceed to t the e case sec 16 6 the court shall award the costs and authorize and require a proper officer to execute the judgment see sec 17 when necessary the court shall issue issue an order requiring an officer to summon fifteen judicious men residents of the county for a grand jury who shall be sworn to inquire 1 faithfully lait hally into offen of fences ces and present indictments by the agreement of at least twelve of their I 1 timber number agai against ast offenders who should be prosecuted seen secured ted and the foreman shall have power to swear witnesses and compel their attendance see sec 18 indictments must be made in the name of the people and must state the name of the offender the of fence the manner of committing it and as near as may the time and place of its occurrence be signed by the foreman with the names of the required witnesses written thereon and be presented to the court who may correct mist mistakes lakes that do not prejudice the trial when the name of an offender is not known he may be proceeded against with any name sec 19 in answer to the |
