Show A a X jan mai mad of the execution of the laws to R in the territory of mah utah and for other presented Present cd in the senate of the united states february 8 6 1873 by mr freling hu hui sen sell read twice referred to the committee cittee on oil the judiciary and ordered to be printed seft seit enacted by theale theSle the senate nate and house of representatives of the united states of A america merica in congress the uie united states marshal marshai of utah terri tory may appoint deputies in III each of the judicial districts of said territory said deputies shall IV authorized to enter upon the discharge of their duties upon the approval borsuch of such sueh appointment by the judge of the district court of the district for which each Is appointed and said deput deputies les ies shall take and bub hub subscribe scribe the same oath prescribed by bylaw law to be taken by the marshal and give bond with good and sufficient Bur sureties burettes ettee ettes to said marshal in the penal sum bum of ten tell thousand dollars conditioned for the faithful discharge ar e of thein their duties as such deputy and an said aid appointment approval oath and bond shall be entered upon the records of said eaid court sec see 2 that it shall be the duty of said sald marshal in person or by his bis deputies to attend the district and supreme courts of said territory and serve and execute all process orders judgments or decrees issued rendered or directed by said courts or by any judge the thereat th creot sees aces ec 3 that the united states district attorney of said sald territory may also appoint int soi ami assistants stants ill in each of the judicial 91 districts of said territory provided that before rny any such assistant shall enter upon the discharge of 0 his critics his bis appointment shall be approved by the presiding judge of the district court of the district for which such appointment is made and said assistant shall take and subscribe to the same oath prescribed by law to be taken by the district attorney and said appointment approval and oath shall be entered upon the records of said isaid courts such assistants si shall receive the same fees and emoluments as the tile district attorney would be entitled to for the same service sec sw 4 that it shall be tv the duty of said district attorney in lit person or by his assistants si to attend all of the courts of said territory and perform the duties of prosecuting attorney in all criminal cases arising ln in said courts sec ec 5 that only male citi elti citizens zens of th the e united states over the tile age of twenty one years shall be competent to serve as grand or petit jurors in said territory sec sm 6 that the grand jury of said territory shall consist of fifty fifteen en good and lawful men twelve of whom concurring may find and return a 1111 bill of indictment sec 7 that whenever a district judge of said territory shall determine that a gnand grand or petit jury will le be needed at a ter term in of his court the said judge and the united states marshal shall make a list I 1 a t in writing of one hundred male citizens of the united states residing in said territory and shall affix thereto their certificate to tho the effect that the same is the list from which the tiie grand and petit jurors are arc to be drawn for the ensuing term of the court and shall cause the same to be lie filed in the office of the clerk of said court and whenever the judge shall order the clerk to t issue tie a venire the clerk lu in the presence of the said bald judge and marshal or his deputy shall write the names contained in the said list each on a separate slip blip of paper all the slips being of the same game size and kind and shall roia folk rold fold them uniformly so that the name writ written telf thereon shall be conc cone concealed ca led shall then place them in ft it covered box and thoroughly mix and m mingle n le them and rud shall then draw t the c requisite number of names if a grand vy jury be required it shall be drawn first both th grand and petit juries thus drawn shall consist of the same number of men as are required ili in the circuit and district courts of tile the united states the clerk shall make a list in writing of the names orthe of the persons constituting each panel so drawn and the clerk and alid marshal shall affix thereto their certificates of the tile time and place of such drawing and file the same in tho office of said clerk who shall forthwith issue a venire to the said marshal commanding ill lit him in to summon the men so drawn to fo attend alid and serve as such jurors at the time and place previously p on designated es by the said baid sa d judge arid and such aurore acors shall constitute ther the regular pane panel for such term of the court for all cases whether arising arl ari sing under the laws of the united states slates or under the laws of 0 said territory if at any time shall be required their names may lie ike drawn from the said box by the clerk tn in open court or they may be summoned from the bystanders or from the vici vicinage agthe as the ibe preA presiding breading ding judge shall shail direct no challenge shall lc be allowed on ta tiie tile ground thata juror juron had been summoned oread or had sedred herred i erred edred at a previous time lime of court each party whether in ili civil or criminal cares cates shall be allowed six peremptory challenges in criminal cases the tiie court md lind not the jury shall pronounce the punishment andr the limitation prescribed by law sec 8 that in all sulta or proceedings at law or in equity wherein the united states are neither a party nor interested intel ted costa may be taxed against and collect collected fd of the proper parties under the tile direct direction lon Jon of the court or or the tile clerk thereof anul and the collection thereof enforced by execution or attachment against the property of I 1 the fhe he party tho the fees of the jury shall be advanced by the winning party but maybo maybe may bo recovered back as a part of the costs costa in lit the tiie case sec 9 that the tile united states attorney united states stated inam marshal marshai hal hai and each grand arid and petit juror shall receive for his ser ber ices in ili criminal ca caico or proceedings s arising under the tho laws of the territory the fhe same fame fees feeg or compensation as are allowed lor for like services in criminal cases ca or proceedings aut ari dm star unter under the laws of the united State Stute sand band bucl such rees fees cesor or compensation being ascertained by the tho court wart or judge before whom the ber eer vices ices are am rende rendered redy or in case of tho the attorney and marshal by the tha supreme court of tho the territory shall ahall be pau paid to the said attorneys tor marshal and jurors respectively from the territorial treasury on the thirtieth day ot of june and thirty kimt day of 0 december in each year sec 10 that whenever marriage in said sald territory of utah rests solely on the contract of the parties followed by cohabitation there being no form manner or corcor cor eer emony prescribed by the laws of said territory or requiring any atly record certificate or publication of the same in such case in all prosecutions for bigamy polygamy or adultery it shall not be ne ceasaro to prove either the uret first or subsequent marriage mar riago by the registration or certificate tir tit teate thereof or other recorded e ev but the same may be proved by such evidence as is admissible to prove a marriage in other caseb cases and proof of cohabitation by the accused with more than one woman as husband and wife his declaration orad or admission that such women are hes lib wives ILLS hla acts lecog recognizing acknowledging introducing treating or deporting himself toward them as such shall be admissible as evidence sec 11 that in all caes or ne proceedings edings edingt when imprisonment may be oril ordered ered erod it if there bo be no jail or prison in which the person to be imprisoned can with safety be kept the court or judge per son to be confined in any military prison or campor camp of the united states in said territory and the officer or person in command of such P prison or camp Is h hereby re authorized ut ho r and m required on cat cam tir clr the 3 order dc r of ba the la 0 court r ig or judge to receive and safely keep such pe person until he shall be lawfully discharged from C custody us t od Y sec that it if the united states mab man marshal marshai hail hall or any of his deputies shall be resisted or threatened with re sWance resistance in the execution of any writ writt order decree of any court or judge of said territory said mar marshal marshai or either of his hla deputies may if in his judgment assli assistance tanco tance is necea necessary ory ary apply to the commander or person in charge charlse of any military camil camphor or post poet of the united states in said territory or to anyone any one baa having charge ot of troops of the united states therein for a posse to aid such oafa officer cers cert arid and upon such application being made the commander or person in charge of such military camp campt posts or troops la Is hereby authorized i to detail a sufficient clent number of men to enforce tho the writ or other prOc process essi which is being or is threatened to be resi regi resisted sted and said marshal or either of his deput deputies lest iest may make application tor for such assistance when necessary to suppress any mob riot or other disturbance of the peace sec 13 0 that it shall be the duty of the go governor V arnor of W said sald d territory rys so often as it shall appear necessary to inspect or cause to be inspected the jails or other prisons in said territory oryo and the manner prisoners are held treated and imprisoned therein and the governor shall make rules for the regulation and government of said jails and prisons and he is hereby empowered to remove 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 sec 14 that no alien li lu or practicing bigamy or polygamy shall be admitted to citizens citizenship hill of or the united states sm sec 15 that inthe in the absence absences or in oase case of sickness or other disability of anhof any auy of the tho judges of said territory or for any cause whatever which renders it necessary lt shall be competent for either of the judges to hold court in any of the judicial districts of said territory and it is hereby made t the be duty of said sald judges upon the request or direction of the governor ot of said territory in writing setting forth the reason and necessity tor for such request or direction to proceed to the district designated and hold the terms of 0 the court therein until such necessity shall cease sec 18 that the tha probate judges and no baries public in said eaid territory shall be appointed by the kov gov governor emor bo be subject to removal by him and shall hold their thein offices for the term prescribed by law or until their successors are appointed and qualified sec see 17 that all an appeal by an any panty party aggrieved shall be allowed from a afi ail I 1 oai oal decisions eci orders judgments or decrees of all inferior courts in said territory to the district court of the proper district and in correction of the proceedings of such inferior courts of said eaid territory and to prevent and correct abuses by the same the district courts of said territory are hereby authorized to issue writs of error certiorari mandamus injunction iori prohibition and quo warranto carranto war and in all cases of appeal from one ono court to another where a bond or other security la Is required to be given by the party appealing it shall not be lawful to demand or exact of such party the payment of costs adjudged or taxed against him mantil r until the appeal shall be finally disposed of by the appellate court and the tho su reme court of said territory may inay make buleri and regulations as to the mode and manner of taking and arid perfecting appeals froin from oue one court to another in said territory and ehe ebe security if any to be given ili in such euch appe appeals aiso also so that the tho just rights of the parties panties may bo be seen secured red and preserved ed sec see 18 that in all cases of election by ballot it shall be unlawful sor tor any person to put t any number figure or device upon said ballot tallot ballot bailot whereby any person may bo enabled to ascertain by whom the ballot was givenans give nand any v iola lola iol tion atlon ifor attempt to vio io late inte this provision shall be deemed and talento taken to bea boa be a roi fol felony oily orly and upon conviction thereof the person so offending may be pun h ached hed by a nino fine not riot exceeding five hundred dollars dollar sp or by imprisonment in tho the penitentiary not riot exceeding one by both such I 1 ue e arid and imprisonment in tho the discretion of the tiie court and at all elections none but male citizens of the united states stats over twenty ono one years of age and who have resided in the county four months and in ill the tile precinct or ek election ebion district thirty days prior to the tho election shall bo be qualified to vote mec see see sec 19 that the probate courts in thele their the ir respective counties in ball pahl territory shall shail have power to bear try and determine civil cam caw causes wherein the debtor debt or bum sum claimed doea doca not exceed III nive five e build hundred all rul dollars but shall not riot cx ercle any criminal or equity whatever en that tho the district courts in saki sau territory shall rhall have 0 original juri jurl jurisdiction diction in all actions for divorce or all ail alimony and arid in lit all charla chancery cau cas cases cages or monTo I 1 I 1 courts in fali taki territory e except the supreme district probate and justices court provided tvr fir fit jhc thc or kaide faide act thereof are hereby abolished khod ahod I 1 each fach district judge may inny nix fix th the times and places for holding his court tor for the tho transaction of business arising under the laws of the territory and arid the number of term which may be held annually but such action shall shail bo be subject to ru revl anlou lon ion by the judges of the supreme court the supreme court may inay estabill establish h tho several judicial districts and assign the judges thereto the c I 1 triet thiet courts shall have exclusive original la in all proceedings din ta etor fon ton for tiie the con dem dera nation of private property for tor public uses baes sec 29 20 that each district court in the territory may appoint a shorthand short hand reporter teri whose duty it shall bo be to report and transcribe the testimony and proceedings in such criminal eases cases as shall be designated by the judge ot of sald said courtr and who shall recene the same fees or compensation as are allowed tor for me luce serviced servi cei in the circuit courts ot of the united states such feed fees or compensation sor tor services I 1 in cases of proceedings arising under the laws I 1 of the territory being taxed by the court or judge shall bo be pad paid to buch such reporter re porter from the the territorial ten gulai brial t treasury annually i on the third monday in december and in caso easo mase case the tho territorial legislature shall fail ail all to make provision brov islon for the payment pa ment ot of the fees tees and compensations by this thia act made chargeable upon the territorial treasur treasury vo then in buelt casee cases tho the same shall be paid paki out of the funds which have been or shall bo appropriated by congress Congre sd to detray defray the expenses ot of the territorial |