Show A BILL bilt td SELECTION OF GRAND A and AND N b PETIT JURORS 1 IX r tare THE or butah AND fob FOE YOU otner OTHER nur PUn purposes POSES 76 c enacted by tha ha senate and bouse house of of the united states of america in congress assembled that citizens only of the united states shall shail be competent to serve as grand or petit jurors in the territory of utah SEC 2 and be it further enacted that the mar shalor other cenin cerin in selecting grand or petit jurymen juryman jury men shall select them from the body of the people and andin in the trial of any case casein in which the united states shall be a party the united states shall have the same right to challenge jurors ag na the other party has as s sec BEC 3 and be it further enol anac c d that it shall bo be the duty daty of the united states marshal in person or by his deputies to attend all the cou courts arts held by the united cited states justices or judges in said territory and to serve and execute all process and orders issued or directed by said courts or by the judges thereof SEC 4 and be it further enacted that in the absence or in caso case of sick ness or other disability of any of the judges it shall be competent for either of the other judges to hold a court in the tho district of the absent or disable disabled dudge Judge and to perform any and all off omm leial official duties in such district which might be performed er formed by the judge assigned to such auch edrict district were he personally ally aily present and not disabled an and it it is hereby made mado the duty dulty of the judges in said eaid territory up on ou the request or direction of the tho executive of said sald territory to proceed to the district of the absent or disabled judge and to tb hold the courts therein and to do and perform such official acts as might be performed by the absent or disabled judge SEC 6 and be it further cn enacted acted that the probate judges shall be appointed by the tho governor and their term of office shall be four years and in all cases cabes a party to any suit or proceeding before a justice of the peace or the probate court feeling himself aggrieved by the judgment or decision of the justice fustice of the tho peace or by the judgment or decision of the probate court may appeal from such judgment or decision to the district court of the district distinct in which the proceedings before the justice or probate cou court count rt are had and in all cases of appeal from one court to another where chere a bond or other security is now required to bo be given by tile tire party ap ngit shall not be lawful to demand orex adt of such party the ther payment of costa colts adjudged or taxed against him un til tit the appeal shall shail be finally anally disposed of 1 by the appellate court isec SEC 6 and be it further enacted cn acted that the supreme court of said territory may make rules and regulations regulation 4 as to the mode and manner of taking and perfecting appeals from one court to another in said territory so that the just rights of the parties may be secured and anti preserved SEC 7 and be ita it further enacted that in all cases of election by ballot it shall be unlawful for any per person peron on to put any number t mark figure or device upon such b ballot bailot all ail ot whereby any person may be enabled to ascertain by whom the ballot was given and any violation or attempt to violate this pro provision vision shall shail I 1 be deemed a crime and upon conviction thereof before a court having jurisdiction the person offend offending in may a be e punished by fine not elcee exceeding ngy in g nive five hundred dollars or by imprisonment in the penitentiary not ex exceeding six months or by both such fine and imprisonment at the tho discretion of the court and al at all elections none but male citizens of the united states over twenty one years of age residing in the precinct or election district and not disqualified by the conviction of komg crime shall be competent voters SEC 8 and be it enacted that thab property of no person corporation or association shall be exempt from taxation and all assessments shall be equal according to the cash value of or the property provided that the real estate of any religious society corporation or association to ap an amount not exceeding twenty thousand dollars and all lots or parcels of ground used exclusively as burial places or depositories repositories deposit ories odthe of the dead may bo be exempted from taxation but this exemption shall bo be applied equally and without discrimination to every kind and description of sects and de nomina nominations tlona tionA of worshippers wor shippers and not otherwise SEC 9 and be if a further enacted thai that in all suits or proceedings at law or in equity wherein the united states are nei nel neither thera thern a party nor interested the fees of the officers of tho the court may be taxed against and collected of the proper parties pa under the direction odilie of the court and the tilo collection thereof enforced by e execution or attachment SEC 10 io and br it further enacted that there shall bo be in the militia of said sald territory no officers of higher rank or grade than that of majon major general and all officers military 1 1 la and civil except constables eim elm elected ec t e d or appointed under the laws of the territory shall be selected appointed and commissioned by the governor Over nor and every person who fact shall shai act or attempt to act as an officer either civil or military without bein belu being first commissioned by the governor ani and qualified by taking the proper oath shall shail bo be deemed guilty of a misdemeanor and upon conviction thereof shall be subjects subject to a fine not exceeding one thousand dollars and imprisonment in the penitentiary not exceeding one year SEC 11 and be bc it further enacted that the militia of said territory shall bo be organized and disciplined Z in such manner and at such times agthe as the governor of said sald territory shall shail direct and all the officers thereof shall be appointed and commissioned by the governor As commander in chief the governor shall make rules and regulations for the enrolling and mustering of the militia and lie he shall yearly between the first and last days of october report to the secretary of war the tho number of men enrolled and their condition the state of discipline and the tho number and description crip tion of arms belonging to each company division or organized or anizel body aliens shall not mot be enrolled enro enrolled bled fled and mustered into the militia SEC 12 and be it ft further erthen erther c enacted that marriages in said territory may be solemnized only by justices of the supreme court or by justices of the peace duly elected and qualified in their proper townships or precincts or by any priest or minister of the tile gospel regularly ordained and sett settled ledor ledon or established as such in said territory between parties competent to enter into tho the marriage contract and the solemnizing solemn solem nizine izing such marrage shall sign and deliver to tho the husband and the tho wife a certificate thereof ther eor wherein shall be geu gel fortl forti 1 11 names the ages and places of residence resilience of the parties and the place and date ol 01 such solemnization together with the names of witnesses not less than two present at such solemnization which certificate may be recorded in the onice of the proper register of the cou county ii ty and the register shall be entitled entitle d to the same rate of fees for Ae recording dordin cordin such certificates as is allowed for recording deeds of land and such certificates or a certified cop copy y of the record shall be evidence in any court of the facts therein set forth as above required all such registers r egi egl shall henceforth bo be appointed b by Y the governor of said territory and b be e subject to be removed from office b by y h him im marriage so far nef ner a its validity in law is concerned in said territory Terri rory is hereby declared a civil contract to which the consent of parties capable in law of contracting is essential no man a resident of said territory shall marry his mother his grandmother daughter grand grand daughter stepmother step mother I 1 grandfathers wife sons wife grandsons wife cifes mother cifes grandmother cifes daughter cifes wile brand granddaughter nor his sister his hal half sister brothers daughter sisters daughter fathers sister or mothers sister no woman shall marry her father grandfather son grandson grand son stepfather step father tather grandmothers grandmothers irand grand grand mothers husband daughters husband ausband granddaughters grand daughters husband husbands father husbands grandfather husbands son husban husbands ds grandson nor her brother half brother brothers son sisters son fathers brother or mothers brother no marriage shall be contracted whilst either of the tilo parties has a former wife or husband living li in the united ignited states or elsewhere unless the marriage with such former wife or husband shall have been dissolved all persons being within the tho degrees of consanguinity within which marriages are herein prohibited to resi dents of said territory and declared to be incestuous and void vold who shall intermarry with each com mit adultery or fornication with each other shall bo be punished by imprisonment at hard labor in the penitentiary of the tho territory not more than fifteen yearb years nor less than six months SEC 13 and be it further enacted that if any officer herein authorized to solemnize ma marriage r r am a ge shall knowingly and wilfully solemnize 0 1 nize a marriage between parties either of whom is disqualified to enter into the marriage contract hos ho shall shail hallbe be deemed guilty of a misdemeanor and upon conviction thereof before a court having competent jurisdiction ho he shall pay a fine of not less than one hundred dollars non nor more than five hundred dollars ands andA and tand stand committed until the fine shall be paid and if any person shall presume to solemnize a marriage in said territory who ia Is not by this act authorized so go to do he shall bo be deemed guilty of a misdemeanor and upon conviction thereof before court jurisdiction uris diction shall shail be punished by a fine not exceeding five hundred nor less than one hundred dollar or by imprisonment in the penitentiary tent iary not exceeding six months nor less than one month or by both such fine and imprisonment atthe the tho discretion of the court bourt I 1 SEC 14 and be it further enacted if an auy any man in said territory tory of utah shall zaim maim claim and pretend to have the right to or the services of any mannot wo woman not sot lawfully married to him by reason of othor other her having been sealed devoted or or consecrated to him by any ceremony rite consecration sacrament form order decree sentence vote or direction tion of the so called mormon church or of any prophet president bishop priest or other officer or of said cli oil church or of atly atry member thereof whether with or without the consent of buch such woman and shall with such woman ho he shall shail be deemed guilty of a crime and shall upon conviction thereof before any court of competent dompe tc at jurls juris jurisdiction diction be punished by a fine of not more than ten thousand nor less than five hundred dollars or by imprisonment 1 at bard labor in the pen idear tertiary tent ti lary iary ary of said territory ry not more than han five years corless nor less tham thaw than three months or by hot bot hoth both hsueh hsuch such fine and im p at the discretion of the court anti and in all sueh such cases such worn ajan a 11 hail hali shall hall be deemed a n competent wit wll ness noss on the trial of the of dender offender SEC 15 and be mke it further enacted edh efi aeed aced that all children the fruit of any au aux such pretended sealing or spiritual marriage as aforesaid hereafter born in said sald territory shall bo be deemed and held to be the tho heirs of their mot herbut not of their father and it shall be lawful for any woman in said Territory claimed as such much Bpi spi spiritual ritual wife of any man but not married to him according to law to and recover from him compensation for her labor and services while tuch sueh his hla hia spiritual wife lri iii an action of without any deduction under pretence predence pre tence of support and maintain anee ance of herby her by him during the period of such spiritual marriage and also to sue for and recover any real estate t money or other personal property given granted or conveyed by her since the passage of the act of eighteen hundred and sixty two en tit 1 ledAn ed pan act to punish and prevent tho practice of polygamy in the territories of the united states and other places and disapproving and annulling certain acts of the legislative assembly of the territory of utah to any person or body politic as a voluntary gift donation of or contri contribution butlan to said pretended mormon church or for its benefit directly or indirectly and any woman in said territory not lawfully married bud but who at any time has been in the relation of such s spiritual marris marriage ge above mentioned seail shall in all courts court s and places be deemah deemed a femme sole SEC BEC 16 and be it i I 1 f further enacted that every person male or female who shall knowingly and willingly ald aid aid and assist assisting assi stin in of or bo be presen present t at lb the tho e caremon ceremony or rite of 0 known as ds such suck sealing or spiritual marriage with with wilh intent to countenance encourage and give effect to the same shall be deemed gui gul guilty ity of a crime and ano on conviction thereof benore before a court of competent jurisdiction ris shall be punished aslant aforesaid and the person or persons cel pei erat eb rating nf or solemnizing solemn izing such buell rite or ing such ceremony shall shail he be punished as lasa last las aforesaid and hy by a fine of atlease at least one thousand dollars bachi cachi and imprisonment at hard labor ini iri such penitentiary for at least two and if any person shall publicly or privately counsel counrel advise or persuade any 3 man oln ctr or woman to commit the erime crime of abl polygamy ga made punishable by the act att of rn gress of eighteen hundred and sixty two such person shall be deemed guilty of a misdemeanor and upon conviction thereof shall shail be fined in any gulfi sum not exceeding five nive hundred dollars or imprisoned at the discretion of the bourt court for a term not exceeding twelve months and it shall be the duty of ther district judges judged of bald said territory at the commencement men cement of each term of the court sitting for criminal business to give in special chargo to the grand jury so much of this act as relates to polygamy and marriage I 1 SEC 17 and be it further cac caffea jed fea that property real and personal in said territory of utah not dis disposed ased of by last wit will and testament shall sha 1 upon the tile death of the owner thereof descend subject to his lawful debts as follows first in equal shares to his children ch born in ia lawful wedlock and to the tho issue bitsue of any auy such child deceased by right of representation and if there bo be no such child odthe of the tho intestate living at his hia death his estate shall descend to all his other lineal descendants and if all the said descendants are in ift the same degree of kindred to the inte intestate they shall share the estate equally otherwise they shall take ac according cordin g to the right of representation second if he shall leaven leave n no 0 issue his estate shall descend to his widow during h her er natural lifetime and after r her decease to hid hiir father and if bc |