Show THE POLAND BILL billj in yit relation to courts and judicial officers in gike giko territory ot stab nn an it passed the senate and honse house of jone june 23 be it enacted by the senate and house of representatives of the thi united states stales of america in congress assembled assembled that it shall shai I 1 be the duty of the united states marshal arshal nf of the territory of utah in person aa I 1 or by br deputy to attend all sessions of t the I 1 ie supreme and district courts in said territory and aud to serve and execute all process and writs issued out brandall of and all ali orders jud judgments ments and decrees made by sayf said sald courts or by any judge thereof unless said court or J judge shall otherwise order in any particular case all process writs or other papers left with said marshal marshai ial lal I 1 or either of his deputies shall be served without delay and anat in the order in which they are re upon payment or tender of his legal fees and it shall be unlawful fot said marshal to de mand or receive mileage fe r any greater distance than the actual distance by the usual routes from froin the place of service or execl ex ecu acu i tion of process writ or other paper to the place of return of the same except that when it shall be necessary to convey any person arrested by legal authority out of the county in which he is arrested said marshal shall be en titled to milea mileage e for the whole distance necel necessarily ri i ly traveled in dell vering the person so arrested before the court or officer ordering such arrest said marshal is hereby authorized to appoint as many deputies as may be necessary each of whom shall have authority in the name of said marshal to perform any act with like effect anu and in like manner as said marshal and the marshal shall be liable for all official acts of such deputies as if doney done by himself such appointment shall shail not be complete until he shall give bond tohaid to said sald marshal with sureties to be lle by him approved in the penal sum surn of fen ten en thousand dollars condl 1 tinned for the faithful discharge of his duties and he shall also take and subscribe the same oath pre pro I 1 sc bribed ascribed by law to be taken by said marshal and said appointment bond and oath shall be filed and remain in the office of the clerk of the supreme court of said territory in actions brought against aga nga irist said sald marshal for the misfeasance or i nonfeasance non of any deputy it sha shall shail ll 11 be lawful for the thie plaintiff at his option to join the said deputy and the sureties on his bond with said marshal and his sureties anspro cess either civil or criminal return i able to the supreme or district courts may be served in any coun ty by tile the sheriff thereof or his legal deputy and they may also serve erve r any other process which may ra a be authorized by act of the te arit 0 i rial legislature SEC 2 that it shall be the duty w the united states attorney ain iino 1 said territory in person or by an assistant to attend all the courts of record having jurisdiction of offenses as well under the laws of said territory as of the united states and perform the duties of iti 7 ing officer in all criminal cases arising in said courts and he is hereby authorized to appoint as many as si stants as may be necessary ys each of whom shall subscribe the same oath as is prescribed by law for said united states attorney and the said appointment and oath shall be filed and ierna lerna remain ln in the office of the clerk of the supreme court of said territory the united states at torney shall be entitled to the same fees for services rendered by said as si stants as he would be entitled to for the same bime services if rendered by byr himself the territorial legislature may provide for the election of a prosecuting attorney in any county and such attorney it if autho authorized prized so to do by such legislature may com corn mence prosecutions for ond anses under the laws of the territory within such county and if such tion is carried to the district court by recognizance or appeal or other wise may way aid in conducting the pro i se cution in such court and the cosba cost and expenses of cfall p 11 s ii eions for of menses dences against any law of efio tk the territorial legislature shall beall be paid out of the treasury of the territory C fiill L I 1 U SEC 3 that there shall be held in each year two terms of the supreme court of said territory and ij I 1 lour tour terms of each gach Al district strict court ht at such times as the thel governor of ahe ahe territory may toay by proclamation nix fix the district courts shall have llave excle sive 01 original j jurisdiction ur diction in air suits ny or proceedings in chancery and jn inn isyl ityl n aai nil 4 all actions at la v x in which the sum or value of the thing in controversy shall shail bo be three hundred dollars or upward and in all controversies where tile tle title possession or boundaries of land laud or mines or mining t claims shall be in dispute whatever t their value except in actions for forcible entry or forcible and unlawful detainer and they shall have llave jurisdiction in suits for divorce probate courts in their respective counties shall have juris jurls diction in the settlement of the estates of decedents dece dents and in matters of guardianship and other like matters but otherwise they shall have no civil chancery or criminal jurisdiction whatever they shall have jurisdiction of suits of divorce for statutory causes concurrently with the district courts but any defendant in a suit for divorce commenced in a probate court shall be entitled after appearance and before plea or answer to have said suit removed to the district court having jurisdiction when said suit shall proceed in like manner as if originally commenced in said district court nothing inthis in this act shall be construed to impair the authority of the probate courts to enter land in transfer for the use and benefit of the occupants of towns in the various counties of the territory of utah according cordin to the provisions of an act fo nor for Y the relief of the Inba inhabitants bita n ta of cilles cities and towns upon public lands ands approved march and an act to amend an act entitled an act for the relief of the inhabitants of cities and towns upon the public lands 11 1 1 approved june 8 1868 or to discharge the duties assigned to the probate j judges ud ge 8 by an act of the legislative A assembly s of the territory of utah entitled an act prescribing rules and regulations for the execution of the trust arising under an nce act of congress entitled gan fan an act for the relief of the inhabitants of cities and towns upon the public lands all judgments and decrees heretofore rendered by the probate courts which have been executed and the time to appeal from which has by the existing laws of said territory expired are hereby validated and confirmed the jurisdiction heretofore conferred upon justices of the peace by tile the organic act of said territory is extended to all cases where the debt or sum claimed shall be less than hundred dollars from all final judgments of justices of the peace au an appeal shall be allowed to the district courts of their respective spec tive districts in the same manner ner as is now provided by the laws of said territory for appeals to the probate courts and from the judgments of the probate courts an appeal shall lie to the district court or of the district embracing the county coun t y in which such probate court is held in such cases and in such manner as the supreme court of said territory may by general rules framed for that purpose specify and designate and such appeal shall vacate the judgment appealed from and the case easo shall be tried do de novo la ia the appellate court appeal may le be taken from both justices just iceo and probate courts to the district r ourt court of their respective districts in cases where judgments have beel beer heretofore rendered and remain unexecuted but this provision shall not enlarge the time for taking an appeal beyond the periods now allowed by the existing laws of said territory for taking appeals A writ of error from the supreme court of the united states to the supreme court of the territory shall lie in criminal cases eases where the accused shall have been sentenced to capital punishment or convicted of bigamy or polygamy whenever the condition of the business in the district court of any district is such that the judge of the district is 19 unable to do the same he be may request the judge of either of the other districts to assist lilland lil hi mand juanel upon such sueh request made the judge so requested may hold the whole or pr part park of any term or any branch thereof and ills hla acts as such judge shall beof equal force as if ho he were duly assigned to hold the file courts in such district SEC 4 that within sixty days after the passage of this act and in the month of january annually thereafter the clerk of the district court in each judicial district and the judge of probate of the county in which the district court Is next lexe to bo be held shall shail prepare a jury nat ilat from which grand and petit jurors shall be drawn to sirve serve in the district courts of such district until a new list shall be made us as herein provided said clerk and probate badge shall alternately select belet the name of a male citizen of the united states who has resided in the district for the period of six months next preceding and mid who can read and write in the andas and as selected the name and residence of each shall be entered upon the list until the same shall contain two hundred names when the same shall be duly certified by such cle cie clerk and probate judge and the same shall be filed in the of the clerk of such dis triet court and a duplicate copy shall be made and certified by such officers and filed in the office of said probate jiso judge whenever a grand or petit jury juny is to be drawn to serve abany at any term of a district court the jud judge a e of such district shall give public notice of ol 01 the time and place of the drawing of such jury which shall beat be at least twelve days before the commencement of such term and on the day and at the place thus fixed the judge of such district shall hold an open session of his bis court and shall preside at the drawing of such jury and the clerk of such court shall write the name of each person on theiarn the jury juny lists returned and filed in his office upon a separate slip alp of paper as near lyas y as practicable of the same size and forin form and all an such slips shall by the clerk in open court bo be placed in a covered box and thoroughly mixed and mingled and thereupon the united states marshal or his deputy shall proceed to fairly d draw raw by lot from said box such number 0 of f names as may have hate previously been directed by said judge and aud if both a grand and petit jury are to be drawn the grand jury shall be drawn first and the drawing shall have been concluded the clerk ri of the district court shall issue a venire to the marshal or his deputy directing him to summon the persons so drawn and the same shall be duly served on each of the so drawn at least seyen geyen days before the commencement of the term at which they areto arato are to serve and the jurors so eo drawn and summoned shall constitute the regular grand and petit juries for the term for all cases and the names thus drawn from the box by the clerk shall not be returned to or again placed in said box until a new jury list shall bo be made if during any term of the district court any additional dit lonal ional grand jurors shall be necessary the same shall be drawn from said box by the united states marshal in open court but if the attendance of those drawn cannot be obtained ina lna in a reasonable time other names may be drawn in the same manner each party whether in civil or criminal cases shall be allowed three peremptory erses challenges except in capital cases where the prosecution and the defence shall each be allowed fifteen challenges in criminal cases the court and not the jury shall shail a b all ali pronounce 0 the punishment under the limitation lui ini prescribed by law the grand juny jany must enquire into the case of every person imprisoned within the district on a criminal charge and not indicted into the condition and management of the public prisons within the district and into the and corrupt misconduct in office of public officers of every description within the district and they are arc also entitled to free access at all reasonable times to the public prisons and to the examination without charge of all public records within the district SEC 5 that there shall be appointed by the governor of sald bald territory one or more notaries not aries public for each organized county whose term terna of office shall be two years and until their successors shall be appointed and qualified the act of the le legislative isi assembly of the territory of utah entitled an act concerning notaries not aries public approved january seventeenth eighteen hundred and sixty bix six is hereby approved except the first section thereof which is hereby disapproved provided that wherever in said act the words I 1 probate judge or clerk of the probate court are used the words secretary of cheter the territory shall be substituted SEC 6 that the supreme court of said territory is hereby authorized to appoint commissioners of said court who shall have and exercise all the duties of commissioners missi onera ners of the circuit courts of theoni the uni ted states and to take acknowledge ments or of ball and in addition they shall shail have the same autho antho authority as examining and committing magistrates in all cases arising under the laws jaws of said territory as Is now possessed by justices of the peace in said territory SEC 7 that the act of the territorial legislature of the territory of utah entitled bledan an act in relation to marshals and attorneys tor approved march third eighteen hundred and fifty two and all ali laws of sald said territory inconsistent with the provisions of this act are hereby disapproved the act of the congress of the united states entitled an act to regulate the fees and costs to be allowed clerks marshals and attorney bof the circuit and district courts of tho the united states and for other purposes 11 approved febuary twenty sixth eighteen hundred and nifty fifty three is extended over and shall apply to tethel tether the fees of like acerb officers oma oam in said territory of utah but the district attorney shall not by fees and salary together receive more than thirty fave ave hundred dollars per year and all fees or moneys received by him above eald eaid amount shall bo be paid into the treasury of the united states |