Show THE LOCAN antl ANTI lulor 1 relon MON BILL i ak lue luu t sri sti it E OF tre THE UNITED STITES STATES t 4 elu ilu 1873 mr logan asked and ana by unanimous concept con sept obtain obtained ad leave tp bring in the following bi bill ll 11 which was read twice referred to the committee on the Judi judiciary clary ciary and ordered to ie be printed A BILL IN AID OF THE EXECUTION aftab OF uhe THE LAWS IN THE TERRITORY OF UTAH AND por FOR OTHER purpose POSE rose be it ena ona enacted cna by tho the theSe senate nals and souse of representatives of the united states of america in congress assembled that the united states marshal of utah territory may ap appoint 0 in t deputies in each of tha iha the ju judicial re ilal lial districts of or said territory said deputies shall be authorized zed to enter upon the discharge e of their duties upon the approval pf af I 1 uch euch s appointments bythe bytho by the judge of the district court of the district in hi which each is appointed and said sald deputies shall each take and subscribe the same oath prescribed by law layr to bo be taken by the marshal and give bond with good and sufficient sureties to said mar maV marshal marshai shai in the penal sum of ten thousand boi bol dollars conditioned for the faithful discharge of their duties as sueh such deputy and sald appointment ap approval pr oval oath and bond shall be entered red upon the the records of said court SEC 2 that it shall be the duty of said marshal in person or by ills his deputies to attend the district and supreme courts of paid territory an and dserve serve berve and execute all process J order orders sj judgments or decrees issued rendered or directed by said bald court or by any judge thereof SEC sed 3 that the united states district attorney of said territory may also appoint assistants in bac each judicial districts of said territory Z provided that before any sueh such assistant shall enter upon the discharge of his duties es his appointment shall be approved by the presiding sadly judge of the district court dourt of the d district strict 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 baid appointment approval and oath shall be entered upon the reo rec orda of said courts the same fees and emoluments as the district attorney would be entitled to for the armo arme mo service shall be allowed for the services of assistant district attorneys tor e 1 i SEC 4 th that at it shall shall be the duty of said district attorney in person or by his assistants to attend all the courts of sald laid said mid territory and perform the duties of prosecuting attorney in all crini erini criminal trig tilo cases arising in said courts SEC 5 that onty only male citizens of the united states over the tho age of twenty adne one X years shall be competent to s serve servo e as 1 grand graild or ox petit j jurors q adi in said territory teril atory SEC 6 that the grand jury said territory shall consist consi fifteen good and lawful men twelve whom concurring may find and return a bill of indictment SEC 7 that whenever a district judg judge of said territory shall determine that a gnand grand randor nandor pr petit jury will bo be needed neede at a term of his court the said sald judge and the united states marshal and clerk shall make a list in writing of two anyo hundred male citizens of the united states residing ju said district and shail shall affix thereto their certificate to the effect that the same I 1 is list from which the grand and petit jurors are to be drawn for the tho an ensuing g the court and shall cause the same to bo be filed in office of the clerk of said court and whenever the j judge shall tho the clerk to issue a venire ventre the clerk in tile the presence of said sald judge and marshal or his deputy shall write the names contained in the said list each on a separate slip blip paper all the tile blips slips being of the same size and kind and shall bhail old fold them uniformly so that the name written thereon shall be concealed shall then place them in a corej covered boband thoroughly mix maxand and mingle them and shall draw the tho requisite number of names a grand gnand jury bo be required it shall be drawn first both grand and petit jurors thus to be drawn shall con tho tile same number of men as are required in the circuit and district courts of the united states the clerk shall make a list in writing of the names of the persons constituting each panel so drawn and the clerk and marshal shall affix thereto their certificates of the time and place of such drawing and nnie file the same in the office of said clerk who shall shail forthwith M issue ue a venire to the mid said marshal com mandin ghim him to summon the men so drawn draw n to attend and serve berve e as such sueh jurors at the time and place plate previously designated by the said judge and such jurors shall constitute cohs tl the tho regular panel for su sueh such ch term of tile the court dourt for all cases whether arising under the laws of jhb the united states or under the laws lawa of said sald territory if at any time tal esmen shall be required t heir their names may be lie drawn from the said baid box by the clerk elerk imonen court or they may bo be summoned from the bystanders or from the vicinage as the tile presiding judge shall direct no challenge shall shail be allowed on the ground that a juror had been summoned or had served at a previous term of court courts each party whether inci uncivil in civil vil vii or criminal cases shall bo be allowed six peremptory challenges in criminal cases the court and not the jury shall pronounce tho the punishment under the prescribed bylaw SEC 8 that in all nil suits or proceedings ce f at law orin equity wherein the united states are neither a party nor interested costs may b be 0 taxed against and collected of the proper parties under direction of the tho court or of the clerk thereof there of and the collection thereof anfor enforced ced by execution or attachment agai agal against n i st the property of the party theres the tho fees fees rees of the jury shall be advanced by the winning arty party butman but may be recovered baek back as a part martof of the costs in the case base SEC 9 that thab the united states attorney united states In marshal arshal clerk and each grand and petit juror shall shall shail receive for his ills services in criminal cases or proceedings arising under the laws of the territory the same fees or compensation as are allowed for like services in criminal cases ques or proceedings aels arising under the laws vf of the united states State sand fand such fee fees s or of compensation bein being ascertained by the court or judge eforo before whom the tho services are rendered or in the case 11 of or the attorney and marshal by the supreme cou court rt of the territory shall be paid aid ald to t 0 the said attorney marshal mard an and d jurors respectively from the terri territorial to nal hal treasury on the thirtieth day of june and the thirty first day of december in each year SEC 10 that whereas marriage in said territory of ut utah ah rests solely yon on the contract of the parties followed by cohabitation there being no form manner or c ceremony ere proscribed prescribed by the laws of said territory or quiring requiring ro any record certificate or publication of the same in such case iu in all prosecutions for bigamy bigamy polygamy or adultery it a shall shail I 1 aall not be necessary to prove either the first or subsequent marriage by y the registration tra tion or certificate thereof or other recorded evidence but the same may be proved by such evidence as is admissible to provo prove ve a ma marriage Triage in civil cases and proof cohabitation by the accused with wit 11 more than one woman as husband and wife his declaration or admission that suph women are wives his acts recognizing acknowledging introducing treating or deporting himself themas such shall be admissible evidence bec SEC 11 that any woman now pow hereafter holding tile the relation spouse or consort and not that of lawful wine wife to any man who at time CO habits cohabits with an another other achis as his wife spouse jouse or op consort file her petition petit lon fon in the district of the district in which she resides asking to be discharged from relation iop and the person to she bears the relation aforesaid being made a party thereto and having notice of such proceeding sa said sald id court may upon due hearing bearing adjudge and decree her and freed from such relation aforesaid and may adjudge and decree to her the possession control of her minor minor child or children together wit hsuch portion the estate and proper property ity of the said suid man to whom she held the said relation as shall under all the circumstances cum stances be equitable and just for the support of Iier iler herself self seif and minor child or children and the said court shall cause to bo be made on the records an entry of such decree and give to her a declaration discharge setting cortil briefly subi substance tance of such decree and upon the entry of such decree the said woman so discharged shall be a femme sole provided nevertheless that nothing in this section contained shall DO be construed to have the effect of recognizing the validity or legal effect of any dual or plural marriage or to repeal any laws in relation to divorce and nothing in this act shall bo be held to repeal annul annuli or change chango any existing laws against polygamy or biga my otherwise than as the same are modified in regard to evidence ead admissible to prove the said offenses by the preceding sections bec BEO 12 that in all cases or proceedings ce edings when imprisonment may be ordered if there bo be no jail or prison in which the person to be imprisoned can with safety be kept the court or judge may order such person to be confined in any military prison or camp of the united states ja said territory and the tile officer or person in comm command vind such prison or camp is hereby authorized thorl zed and required on the order of the court or judge to leneive i and safely keep such person until shall be lawfully discharged from custody SEC 13 that be the duty of the governor of said territory so often as ilfe ilie ft shall appear necessary to inspect or cause to be inspected tile tiie jails or other prisons in said territory and the manner prison ers era are held treated and imprisoned therein and the governor shall make rul rui rules es for the regulation and government of saida said sald jails jalis ails alls and prisons and he is hereby empower empowered ell eLt to remove the wardens and keepers of all ali jails jalis and ar id prison sor ather officers connected therewith iund ind ap appoint point others in their stead as often as in n his opinion the public good shall require 1 SEC ec 34 14 that no alien tillen living in or practicing bigamy or polygamy shall bo be admitted to citizens citizenship ip of the united states and no person jiving in or practicing bigamy or polygamy shall be du entitled titled to vote or hold office in any territory of the united states SEC 15 that in the absence I 1 or in in case of sickness or other cisal III ili ty of any of the judges of said territory or for any cause whatever which renders it necessary it 1 t shall be competent for either of the judges to h hold hoid old oid court and discharge other official duties in any of tiie the judicial districts of said territory andrt and it is hereby made the duty of said sald judges upon the request of the judge of df said district or direction of the governor of said territory in writing setting forth the reason and necessity for such request or direction to proceed to the district desi designated agnate d and hold the term terms s of the court therein until such necessity shall shail cease SEC 16 that the probate judges and ind notaries not anies aries public in said terri tory ory shall be appointed by tho the governor be subject to removal by him and shall hold their offices for the term prescribed by law or until their successors are appointed and qualified SM BEC 17 that an appeal by any party aggrieved shall be allowed from all final decisions orders judgments or decrees i of all inferior in farlor courts in said tp territory to the district court of tile tho proper district and in correction of t the lie lle proceedings of such inferior co arts of or said territory and to prevent and correct abuses by the same district courts of said territory are hereby authorized to issue writs error certiorari mandamus injunction prohibition and quo warran to and I 1 in n all cases of appe appeal al from ong one court to another where a arother or other security is required to given by the parties appealing 9 shall not nott bo be lawful to demand exact of such party the payment costs a adjudged budged or taxed him u until the appeal shall be finally disposed of by the court and the supreme court said territory may make rules and regulations as to the mode manner of taking and perfect in appeals from one court to in said territory and the security if any to be given on such appeals so that the just rights of the parties may be secured and preserved SEC IS 18 that in all cases of election by ballot it shall be for any person to put any number figure or devic device a upon said ballot ballo whereby any person may be enabled to ascertain by whom the ballot was given and any violation of or or attempt to violate 3 this provision shall deemed redeemed be and taken to be a felony and upon conviction thereof the person so offa ending offending may be punished by a fine flue not exceeding nive five hundred dollars or by imprisonment in the penitentiary not exceeding one year or by both such fine an and d im imprisonment I 1 rison ment in the discretion of tie tee the court and at all elections none but male citizens of the tha united states over twenty ono years of age and who have resided in the territory four months next preceding and in the county precinct or election district thirty days next prior to the election shall be qualified to vote SEC 19 that the probate courts in their respective coun counties tiel in said territory shall have power to hear try and determine civil causes wherein the debt or sum or value orealue property claimed does not exceed property ivo ve h hundred undred dollars but shall not exercise any criminal or equity jurisdiction ris whatever that the district courts in said sald Terri territory tory tery shall have exclusive original jurisdiction in all actions for divorce or alimony mon yand and in all chancery cases or proceedings all courts in said territory except the supreme s district probate and justices courts provided for in the organic act thereof are hereby abolished each district judge may fix the times and places for holding his court for the transaction tran of business arising under the laws of the territory and the number of terms which may be held annually but such action shall be subject to revision by the judges of or the supreme courland cour tari tand tarl d atone it one of such places to bo 40 designated by the judges causes arising under the constitution and laws of the united states shall be tried the supreme court may establish the several judicial districts and assign the judges thereto the district courts shall haye have exclusive original jurisdiction action in all proceed proceedings for the condemnation of private property for public uses see SEC 20 that each district court in the territory may appoint a shorthand short hand reporter whose duty it shall be to report and transcribe the testimony and proceedings la in such criminal cases amounting to felony as shall be designas designated d by the judge ot of said fald court and who shall shail |