Show AMENDED UTAH BILL be it enacted ac that it shall le be the auty duty of the united states marshal of the territory of utahan person or by deputy to attend all sessions of the supreme and district courts in said territory and to serve and execute all process and issued ont out of and all orders order judgments and decrees made by said courts or by any judge thereof unless said court or judge shall shail otherwise order in any particular case all process writs arother or other othen papers left with said marshal or either of his hib deputies shall be served without delay and in the order in which they are received upon pay merit mentor or tender of his legal fees and it shall be unlawful for said marshal to demand or receive mileage for any greater distance than thin the actual distance by the usual routes from the county seat of the county in which the service is to be made or process executed to the place of service or execution of process writ or other paper except that when it shall be necessary to convey any hesron arrested by legal authority out of the county in which he is arrested said marshal shall be lye entitled to mileage for the whole distance necessarily traveled in delivering the person so eo arrested before the court or officer orderly ordering T such arrest said marshal Is hereby authorized ut to appoint as many deputies as may be necessary each of whom shall have authority in the name of eald said marshal to perform any act with like effect and in like manner as said marshal such appoint ment shall not bo be complete until he shall give bond to said bald marshal with sureties to be by him approved in the penal sum of conditioned for the faithful dis dla charge of his duties and he hali hail hall shail also take and subscribe the tho same oath prescribed c 1 bylaw to be taken by bv said carser marshal marshai 1 and said appointment bond and oath bhail shail be filed and remain in the office of the clerk of the th supreme court of said territory in a actions brought against bald eaid marshal marshai for the misfeasance or nonfeasance of any deputy it shall be lawful for the plaintiff at his option to join the said deputy and the sureties on his bond with said marshal and his hib ies les SEC 3 2 that it shall be the duty of the united states attorney in said territory in person or by an assistant to attend all the courts of record having jurisdiction diction of offenses cs as well under the laws of said territory as of the united states and perform the duties of prosecuting all criminal cases arising I 1 in said courts and he Is hereby authorized to appoint appolo t as many assistants as may bc be necessary each of whom shall subscribe the same oath as 13 13 prescribed bylaw by law for said united states at tomey attorney and the said appointment and oath shall lo be 10 filed and remain in the office of the clerk of the supreme court of said territory the united states attorney shall shail be entitled to the same sees fees for services rendered by roy said assistants as he would be entitled to for the same services if rendered by himself SEC 3 that there shall he be held in each year two terms of the supreme court of said territory and four terms of each district court nt at such times as the governor of the territory may by proclamation fix the district courts shall have exclusive oric oria original inal inai jurisdiction in all suits or proceedings ce in chancery aud in all actions at law in which the sum or value of the thing in controversy shall be WO or upwards and in all controversies where the title possession or boundaries of ef land or mines or mining claims shall be in dispute whatever their value except in actions for forcible entry or forcible or unlawful de detainer talner and nd they shall have jurisdiction in suits suit fordi for divorce vorce Torce when a bill is filed bya woman to declare a marriage or a pretended marriage void vold on account of a previous bub sub deisting marriage marriage of the defendant to another woman itie the court or judge thereof may grant such reasonable sum for alimony nyana and counsel fees as the circumstances of the case will justify and may likewise by final decree make such allowance for the maintenance of the complainant and her children by the defendant as may be just and reasonable and whenever in any proceeding for divorce orin any civil cause or in auy any criminal prosecution tion it la Is necessary to prove the existence of the marriage relation between two persons it shall not be necessary to prove the same by the production of any record or certificate of the marriage but evidence of cohabitation between the parties as hubband husband and wife and the acts conduct declarations and admissions of the parties shall be admissible and the marriage may be established like any question of fact probate courts in their respective countI counties cs shall have jurisdiction in the settlement of the estates of decedents dece dents and in matters mattera of guardianship and other like matters but they shall hate have no civil chanco chance cery ceny or criminal jurisdiction whatever they shall have jurls juris jurisdiction diction of suits snits of divorce for statutory causes concurrently with the district courts but any defendant in a suit gult for divorce commenced in a probate court shall shail be entitled after appearance and before pica iea ica or answer to haye hava said suit removed to the district court having in jurisdiction when said suit shall proceed lu like manner as if originally commenced in said district court all AlI judgments and decrees heretofore rendered by tho probate courts which have hate been executed and the time to appeal from which has by the existing laws of said eaid territory expired are hereby vall tail validated dated and confirmed the jurisdiction heretofore eon conferred upon the justices of the peace by the organic act of said sald territory Is extended to all cases where the debt or sum bum claimed shall be less than from all final judgments of 0 justices of the peace an appeal shall be allowed to the district courts of their respective districts in the same bahne manner as Is now provided by the laws of at said territory for appeals to the probate court and from th the judgments of the probate courts an appeal shall lie to the district court of the district embracing the county in which such buch probate court la Is held in such cases and in such sueh manner as the supreme court of said territory may by general e rules framed for that purpose specify y and designate and such appeal shall vacate the j judgment appealed fr omand the case shall be tried de novo noua in the appellate court appeal maybe may be taken from both justices and probate courts to the district court of their respective districts in cases where judgments have been 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 whenever the condit candit condition ion ioa of the business in the district court of any district Is such that the judge u die dge of the district Is unable to do the saure sauie he e may request the judge of either of the other districts to assist him and upon such request made the judge so eo requested may hold the whole or part of any term or any branch thereof and his acts as such judge shall be of equal force as if he were duly assigned to hold the courts in such district SEC sac 4 that within sixty days passage of this act and annually there after the governor of the territory shai appoint in each county two male citizens of the united states who shall haye hate resided in such county for one year acx next t pr preceding e c who with the sheriff of such county shall constitute a board of jur jar jury jary commissioners for such county and the commissioners appointed by bj the governor shall hold their offices for one year and until others shall be appointed in their stead the governor shall by proclamation fix a time and place for the meeting of such commission ers era in each county and atthe at the time and place so fixed each of such boards shall proceed to make a list which shall conta inthe names and residences of all the male citizens of the united states who have resided within such county for six months next preceding who are above twenty one years of age ape and who can read and write la in the english language language and when said sald list is completed it a shall all ali be duly certified by such commissioners and returned to the clerk of the district strict lU court of the district in which such county Is situated and the lists thus furnished shall constitute a jury list from which shall be drawn all grand and petit jurors to serva serve in the district courts for the year next following and the said commissioners shall be paid five dollars a day for or each days service as such commissioners and ten cents a milo mila for necessary travel and their accounts shall be audited by the governor and the governor shall draw drair orders on the treasurer of the territory for far the amount which shall be paid by him out of any money in the territorial t ry whenever a grand or petit jury Is to be drawn to serve at any term of a district court the judge of such district shall elve give public notice of the time and place of the draing drawing of such jury which shall be at least twelve days before the commencement of such term and on the day and at the place thus foxed fixed the judge of such district shall hold an open session bession of his court and shall preside at the tile drawing of ol 01 such jury jurt and the clerk of such court shall write the name of each person on the jury list returned and filed I 1 in n his is oae ome a upon a separate slip of paper as nearly as its practicable of the same size and form and all such blips shall by the clerk in open court be placed in a covered box and thoroughly mixed and mingled and there n upon on the united states marshal or his deputy P shall proceed to fairly draw by lot from said sald box such number of names as may have previously been directed by E aid said judge and if both a grand and petit j jury juny nry ary are to be bc bidrawn drawn the grand jury shall be drawn first and when the drawing shall have been concluded the clerk of the district court shall issue a venire to the marshal shai or orals his deputy directing him to summon the persons so drawn and the same shall be duly served on each of the persons a 89 drawn at least seven days before the commencement of the tho term at which they are to serve and the jurors so drawn and summoned shall constitute the regular grand and petit juries junes for the term for all cases and the name thus drawn from the box by the clerk shall not be returned to or again azain placed in said box until a new jury juny list shall he be made if durin during adolf any terai term of the district court any additional grand or petit jurors shall beneces be necessary the same shall bo be drawn from said i box by the united states marshal in open court but if the attendance of those drawn cannot be obtained lna ina in a reasonable time other name may be drawn in the same came mauner manner each party whether in civil or criminal cases shall be allowed three peremptory challenge sand in the trial of any auy prosecution for adultery bigamy or 0 r polygamy it shall be a good cause of principal challenge to any juror that he ile practices practises polygamy or that he believes in the rightfulness of the same in criminal cases the court and not the jury shall pronounce the punishment under the limitation pi described bcd bed bylaw the grand gurjy must inq inquire lre iro into the case of every ey persen persan r imprisoned pg boned within the district on a criminal chargo charge and not indicted in into to the condition and management of the public prisons within the district and into the wilful and corrupt mis misconduct condet in office of public officers of every description within the district and they are 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 SEO SEC 5 that there shall bo be appointed by the governor of said territory one or more notaries not aries public c for each organized county whose term of office shall bo be two years and until their successors shall be appointed appo aud and qualified the act ozithe legislative assembly of the territory of utah entitled an act concerning notaries not aries public u mic ulc approved january 17 1864 1863 la Is hereby berby approved except the first section thereof which is hereby disapproved provided roti ded that in sald faid act the words probate judge or clerk of the probate court are used the words secretary of the territory shall be substituted SEC 6 that the supreme court of sald said territory Is hereby authorized to appoint commissioners commissi onera of said fald court who shall hate have and exercise all the duties of commissioners ners of the circuit courts of theuil the united states and to take acknowledgments of ball aci act and in addition they shall shail haye hate the same authority as examining and committing magistrates in an all cases arising under the laws of said territory as is now possessed by justices of the place peace in said faid territory seo SEC 7 that the common law of en england as the same is defined and mod modified alfid bythe by the courts of last resort in those S tates states of the united states where the common law prevails shall he be the rule of decision in nil nii the courts of said sald territory so co far as it Is not repugnant to or inconsistent with the constitution and laws lairs of the united states stales and the existing statutes of sald bald territory SEC 8 that the tile act of the territory ferri ferni torla toria tor ia legislature of the territory of utah entil tied an act in re relation a tion to marshals mars marb bais baia and attorneys approved march 3 and all laws of said territory inconsistent with the provisions of this act are arc hereby disapproved the act of the congress of the united states entitled en titled an act to re regu gu late the fees feea and costs to be lle allowed clerks clerk marshals and attorneys of the circa circuit it and district courts of the unit d states and for other purpose purposes approved febra ary ag 1853 1833 Is extended over and ahall sha lIap apply to the fees of like officers in said ten ter atory of utah |