Show AMENDMENT MR MB CRAGIN from frona the committee on territories ri to whom was referred the bill S to aid the execution of the law against polygamy poly ganay garay and to prevent that crime in the territory of utah and for other purposes reported it with the following amendment in the senate of the united states april 29 1872 A AMENDMENT strike out all after the enacting clause and insert the following that all male citizens ot of the United States residents of utah territory shall be competent to serve as grand and petit jurors in said territory SEC 2 that whenever a district judge of said territory shall determine that a grand jury or betit petit jury will bo be needed at a term of h his f s court the said judge the said united states attorney and united states marshal shall make a list in writing of the names of two hundred male citizens of the united states residing in said district and who have resided six months in the said territory 1 and shall affix thereto their certificate to the effect that the same Is the list fro from m which the grand and petit jurors are to be drawn for the ensuing term of the court and shall cause the same to be filed in in the office of the clerk of the said court and whenever the judge shall order the clerk to issue a venire ventre the clerk in the presence of the said attorney and mars marshal marshai hid or bf their deputies shail bhail write the names contained in the said list each on a separate slip 0 of paper all the slips being of the same size size and kind shall fold them uniformly so that the name written thereon shall be concealed shall then place them in a covered box and thoroughly mix and mingle them and shall shail then draw tho the requisite number of names if a grand jury be required it shall be dra drawn wn first both grand and petit juries thus drawn shall consist of the same number of men as are required in the circuit and district courts of the united states the clerk cmrk shall make a list in whitin writing 9 of the names names of the persons constitute constituting ing each panel so drawn and the clerk attorney and marshal marshai shall affix thereto j their certificate to the fact the time and place of sueh such drawing and file the same in the office of the said clerk who shall forthwith issue a venire to the said marshal commanding him to summon the men so drawn to attend and serve as such jurors at the time and place previously designated by the said judge and such jurors shall constitute the regular panel for such term of the court and for all cases whether arising under the laws of the united states or un under der the laws of the said territory if at any time tal esmen shall be required their names may be drawn from the said box by the clerk in open court or they may be summoned from froin the bystanders or from the vicinage e as the presiding judge shall direct yio no challenge shall be allowed on the ground thata that a juror juron had been summoned or had served at a previous term of the court each party whether in civil or criminal cases shall be allowed six peremptory challenges in criminal cases the court and not the jury shall pronounce the punishment under the limitation breser prescribed abed by law SEC 3 that it shall be the duty of the united states marshal in in person or by his deputies to attend all the courts held by the united states judges in said territory and to serve berve and execute all processes and orders issued or directed by said courts or by judges thereof SEC 4 that it shall bhail be the duty of the united states attorney for the territory personally or by his deputy or assistant to attend all the courts which may be held by the united states judges or any of them in said territory and to perform the duties of prosecuting attorney and that the united states attorney and united states marshal and each erand grand rand and petit juror uror shall receive for fin his services in criminal crim ina lna I 1 cases or proceedings arising under the laws of bf the territory the same fees or compensation as are allowed for like services in criminal cases or of proceedings arising under the laws of the united states and such fees or compensation being taxed by the court or judge before whom the services were rendered or in the case of the attorney and marshal by the supreme court of the territory shall be paid to the said attorney marshal and jurors respectively from the territorial treas treasury ur y annually on the third monday in december SEC 6 5 that all fines imposed by the district courts for violation of the laws of the territory and paid shall be deposited in a national bank by by order of the presiding judge and shall be expended so BO far as may be necessary to pay the taxable fees and charges of boffl sers gers cers jurors and witnesses in proceedings to enforce the said laws SEC 6 that in all suits or proceedings at law or in equity wherein the united states are neither a party nor interested the costs coats may be taxed against and collected of the proper parties under the direction of court or of the clerk thereof and the collection thereof enforced by execution or attachment against the property of the party the fees of the jury shall be advanced by the prevailing party SEC SEV 7 that in prosecutions for the crime of bigamy or polygamy proof of cohabitation by the accused as husband or wife wire or the acknowledgment of the party accused of the existence of th the e marital relation of husband or wife shall be lelent sufficient to sustain the ason SEC 8 that the probate courts in their respective counties in said territory in addition to their probate jurisdiction d ichona are hereby authorized to hear t try a and n determine civil causes where ryd t the he damage a m ago or debt claimed does not exceed three hundred dollars and in criminal proceedings said courts sha I 1 have the power of commitment SEC 0 9 that all elections in said territory shall be by ballot and no device nce name number or character of any kind kind shall be placed on any ticket by the judges of elections trustees or other person by which w aich the person casting the same can be known SEC 10 that all acts and parts of acts inconsistent with this act are hereby repealed and this act shall take effect from and after its passage amend the title so that it will read A bill to aid the execution of the laws in the territory of utah |