Show A bilci in aid of the execution of the laws in the territory of utah and for other purposes SEC 1 be it enacted by the senate and house of representatives of the united states slates of america in congress assembled that the united states marshal of utah territory may appoint a deputy deputy in each of the judicial districts of sai sat said sald territory provided that before any such deputy shall bhail be authorized to enter upon the discharge of his duties his appointment must be approved by the J judge of the district court of the district for which said deputy is appointed and said deputy must take and subscribe the same oath prescribed by law to b be 1 taken by the marshal and give bonz bony bond with good and sufficient sureties to said marshal marshai in the penal sum of JOL ten thousand dollars conditioned for the faithful discharge of his bis duties as sueh auch deputy and said appointment ap pp approval oath and bond shall be entered upon the journals of said court SEC 2 and be it further enacted that it shall be the duty of said in marshal 1 r in person or by his deputies to attend the district and supreme courts of said eaid territory and serve and execute all process orders judgments or de crees issued or directed by said courts or by any judge thereof SEC seca 3 and be it further farther enacted that the united states district attorney of said eaid territory may also appoint an assistant in each of the j judicial districts of said territory provided that before any such assistant shall enter upon the discharge of his duties his appointment must be approved by the presiding judge of the district court of the district for which such appointment is made and said eaid assistant must take and subscribe the same oath prescribed by law to be taken by the district attorney and said appointment approval and oath shall be entered upon the journals of said court SEC 4 and be it further enacted that it sh shall all ail be the duty of said district attorney in in person or by his assistants to attend all of the district courts oi of said territory and perform the duties of prosecuting attorney in all criminal cases arising in said courts I 1 SEC 5 and be it further enacted that in accordance with the sixth section of the act of con congress ress entitled an act providing for a er district and circuit court in the united states for the district of nevada and for other purposes approved february twenty seven eighteen hundred and sixty five the aforesaid marshal and district at torney ok of said territory of utah shall severally be entitled to charge tid and fid r ra ceide for the services they may pea pta fu 3 ra double the fees and compensation allowed by the act of congress ed eni euirel eui 1 yel yei pel annetto Ana an act aeb etto to regulate the fees and eom eon oats s to be allowed clerks marshals and at a torness of the circuit and district court of the united states and for other purposes approved february twenty six aix eighteen hundred and fifty three SEC 6 and be it further farther enacted that only citizens of the united states over the age of twenty one years sha shall shail 11 be competent to serve as grand rand or petit jurors in said territory SEC 7 and be it further enacted that the grand jury of said territory shall consist of fifteen good and lawful men I 1 twelve of whom concurring may find and return a bill of indictment SEC 8 and be it further A enacted that at least ten days before the time of holding each regular term of the district courts of said territory in their respective districts the united states marshal of said territory or one of his deputies shall in connection with the clerk of the district court for which a term is to be holden holdon select from the body hody ody of the people of said district twenty seven good and lawful men having the necessary qualifications to verve nerve serve berve as jurors landmake a list in writing of the names of the persons so selected and append thereto a certificate stating that said persons have by them been selected to act in the aforesaid capacity Z and setting forth the court district triet and term of court for which they were selected which certificate shall be signed by the persons making such selection and filed with said clerk whereupon said clerk shall forthwith issue a venire directed to said marshal or his bis deputy commanding him win to summons the fifteen persons first named on said list to be and appear in said court on the first day of the term thereof to be named in said venire to serve as grand jurors also to issue a like venire commanding said marshal or his deputy to summon the remaining twelve persons on said list to be and appear at to serve as petit jurors and sq summoned y A W J a I 1 tbt vi shall constitute one full grand and one full fall petit jury provided that if all or any number of the persons BO so selected and summoned shall fail fall to appear shall be excused by the court or shall be challenged or if for any other cause whatever it shall become necessary the court both in the case of the grand and petit jury may order the pannel to be filled by tal esmen summoned by the marshal or his hia de deputy auty from the body of the district or fr from om the bystanders SEC 9 and be it further enacted that if at any special or adjourned term of the district courts of said territory it shall become necessary to have either a grand or petit jury or both after the juries forthe for the regular term have been discharged from attendance the presiding judge of the district court requiring the attendance of such a jury abury or juries may in his discretion issue a special order requiring the marshal or one of hla hia deputies and the clerk to forthwith select and summon a jury or juries according to the th e foregoing provisions of df this act and any judge of the district courts of the salt sait territory of utah is hereby authorized and empowered to appoint at such times and places aa as he may deem expedient as many special terms of court in it his district as in his apin opinion on the necessities of business may require thirty days notice to be given of the time and place of holding such sueh special term in some newspaper in general circulation in said territory SEC 10 and be it further enacted that the said first judicial district shall embrace the counties of miliard millard san pete sevier plute plate beaver ington rio bio virgin and kane raue and that the regular terms of the court thereof shall be held at the city of beaver in said county of beaver commencing on the first monday of june In ineich teach keach year that the said second judicial district shall embrace the counties of tooele thoele salt lake utah wasatch and Jua band that the regular terms thereof shall shail be held at salt lake city commencing on the first mondays of february may and september I 1 in each year that the third judicial district shall embrace the counties of davis morgan summit box elder cash weber and richland bieh Bich land and that the regular terms thereof shall be held at ogden city in said county of box bos elder and shall commence on the first monday mondays s of january and hunein june in each year but the time of commencing said regular terms of said several courts maybe changed by the governor when it shall appear to him that a di merent different time would accommodate the judge and the people of the said several districts better sic 11 and be it further farther enacted that thud in criminal crim inid luiU cases both the prose cution and the accused shall have the right and privilege lu fo chall chail challenge drige for cause the arrs armsy y and polls oils both of the grand and petit jary jarl and in all prosecutions for fok and the crimes in thi this i ret nut no D person shall be competent to serve either elther ss as grand or petit jurors who believes in advocates or practices ct ices lees bigamy or polygamy and upon ti thad that fact appearing by examination on voir voin dire or otherwise such persons shall not nod be permitted permitted ermit ted to serve asa ass as a juror and in nil all crim inid trials each of the pal pai panties parties ties shall shill have the right to challenge peremptorily the petit jurors SEC gec 12 and be it further enacted that in all ull prose prosecutions prosecute euti cuti opa for bigamy or adultery the lawful wife of the accused bhail shall be a competent wi witness to prove both the first and subsequent marriage or marriage her hen husband but bat for no other purpose SEC 13 and be it further enacted whereas marriage in said territory of utah rests solely on the contract of the parties followed by cohabitation there being no farm manner or ceremony prescribed by the laws of said territory for the solemnization of this important relation in society or requiring any recordation dation certificate or pub i li cation of the same that in all prosecutions for bigamy or adultery it shall not be necessary to prove either the first or subsequent marriages by the registration or certificate thereof or other recorded evidence but the same may be proved by such evidence as is admissible to prove a marriage in other cases and proof of cohabitation by the accused with more than one woman as husband and wife his declaration declarations wand and admissions that such womer women are his wives his acts recognizing acknowledging introducing treating or deporting himself towards them as such shall unless rebutted be sufficient to sustain the prosecution and gnall in all ali cases in which a woman is accused the same rules of evidence shall apply to her acts and admissions 1 1 t S I 1 I 1 SEC aud and be beniti 1 I t further farther en eted i aa mil mii 4 v ti W fea cea fia that any man in said territory who shall after this act goes into effect live or cohabit with one woman or more other than his lawful wife as is his wife or wives shall ba be adjudged guilty of the crime of concubinage and upon conviction thereof shall be punished by fine no not exceeding one thousand dollars and by imprisonment in the penitentiary at hard labor not exceeding fiva five years and in all prosecutions for the violation of this section the alleged concubines bubines of the accused shall be competent witnesses to establish or disprove the charge provided that no statement made by any such buch witnesses shall be used against admitted or allowed to efreem them in any manner in in any case whatsoever and an indictment charging said crime to have been committed with more thau than one woman will be sustained by proof showing the same to have been committed with one only or more SEC 15 and be it further farther enacted that the statutes of limitations shall not 1 bar a prosecution for any of the c rimes crimes 2 specified in this act nor for the crime of ot bigamy concubinage or adultery hereafter committed SEC tiec 16 and be it futher further enacted that the last sentence in the thirty first section of an act of the legislature of utah entitled an act in relation to crimes and punishments approved march six eighteen hundred and fifty two which is in the ards following to wit no prosecution for adultery oan kau can be commenced but on the tha complaint of the husband or wife be and the same is hereby disapproved and repealed ande andi that the residue of said section which in the words following to 0 wit every person who commits the crime of adultery shall be punished by im not exceeding twenty years yearb nor less than three threet years or by fine hot exceeding one thousand dollars and not less than three hundred dollars or by both fine and imprisonment at the discretion of the court be and the same is hereby adopted and enacted and any violation of this section the fourteenth section of this act and the act against blamy bigamy bl amy may be charged in separate cou counts nui nuu in the same indictment which indictment may conclude generally against the statutes in such cases made and provided SEO SEC 17 and be it further farther enacted that in all cases or proceedings where imprisonment may be ordered if there be no jail or prison in n which the person or persons to be imprisoned can with safety be kept the court or judge may order such person or persons persona confined in any military prison or camp of the united states in said territory and the the officer or person in command of such prison or camp is hereby authorized and required on the order of the court or judge to receive and safely keep such person or persons until they shall shail be lawfully discharged from custody SEC 18 and be it further enacted that if the united states marshal marshai or any of his deputies shall be resisted or threatened with resistance in the execution of any writ order ment or decree of any court dourt or judge of said territory said marshall or either of his deputies may if in their judgement jud gement assistance is necessary apply to the commander or person in charge of any military camp or post of the united states in said territory or to any one having charge of troop troops of the united states therein for a posse to aid such officer and upon such application being made the commander or person in charge of such military camp post or troops is hereby authorized and directed to defail detail a sufficient number of men to enforce the writ or other process gess what whatever ever dver it may be which is be in ing or is threatened to be ris resisted isted and aa said marshal 0 either elther of his bis deput deputies fes les may make application for such assistance when necessary to sup press any mob riot or other disturbance of the peace SEC 19 and be it further farther enacted that it shall be the duty of the governor of said territory so often as it shall appear necessary to inspect or cause to be inspect edthe jails jalis j ails alls and other prisons in said territory and the manner persons are held treated and imprisoned therein and the governor shall make rules for the regulation and government of said jails and prisons an and he is hereby empowered to remove tho the wardens and keepers of all jails and prisons or other officers connected therewith and appoint others in their stead as often as in his opinion the public good shall require v SEC 20 and be it further farther enacted that no one living in or practicing bigamy a polygamy or concubinage shall shill admitted be admitted to citizenship of the united states stats dorshall nor shall shail any such person orson hold any iby office of trust or profit unsaid terri tory vote at any election therein or be entitled to the benefits of the blome homestead or preemption pre emption laws of the united states and the district courts of said territory are hereby authorized to issue writs of quo warranto carranto war on the information of the district attorney or other person interested ed to test the right of any one discharging the duties of or claiming the right to any office in said territory and the judges of elections are hereby authorized to examine under oath all persons who may offer to vote as to their qualifications and right so to doand all persons appointed or elected to office in said territory before ent entering ering efing upon the duties of such office and before being entitled to any salary or other emoluments thereof shall take and subscribe the following oath or affirmation to wit gei gil 1 I A B do solemnly swear or affirm that I 1 have never voluntarily borne arms against the united since I 1 have been a citizen thereof that I 1 have voluntarily given no aid Lunte countenance narice brunsel cr or i encouragement to persons engaged in armed hostility thereto that I 1 have neither sought nor accepted nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the united states that I 1 have not yielded a voluntary sup port to any pretended government authority power or constitution |