Show THE POLAND BILL in relation to courts court s and judicial i ini cern cers in the or utah with the amendments indicated as it parsed passed both bota bouses houses of congress as accurately as air we cin cir cw ein e in inake make them withful mit wit hjul a daum full futi copy of df the de aill bill the words within brackets were taken out of the bill by amendment in the senate be it enacted ty hy the senate qu an of representatives of the united states of america in congre grew assembled that it shall shai I 1 be the duty of the united states marshal marshai ma arsh a I 1 or of the che territory of utah in person or by deputy to attend all sessions of the supreme and district courts in said territory and to se serve berve and execute all process and writs issued out ut of and all orders judgments and ind decrees decreed made by bb said courts chirt or r by v any an judge thereof unless said court or J judge shall otherwise order in n any particular ease case all process process writs br or other papers left with said marshal or either of his hia deputies shail khall be served without delay and 1 in the order in which they are received upon payment or tender of his legal fees and it shall be unlawful for said marshal to demand or receive mileage for any greater distance than the actual distance by the usual routes froni from service or execution of prices writ or other paper to che the place of return V if the same except that when it sh shall a 11 be necessary to convey 2 any n y person arrested by IC legal legai dal dai authority out of the county in n which lie hei is arrested said marshal shall be entitled to mileage for the whole distan tani tanto e necessarily traveled in deil delivering the peb pen person ori oil so arrested before the court or coffle officer er ordering such arrest said marshal is hereby authorized to appoint as anany deputies as may be necessary each ach of whom shall shail have authority in the name or of dmd marshal to perform any act like effect and I 1 in n like manner as faid paid marshal and the marshal marshai shall bt be liable for borall till official acts of such d deputies as if done by himself such appointment shall not be complete until he shall give bond to said marshal with sureties to 0 he be by him approved in the penal sum um or of ten thousand dollars conditioned for the faithful discharge of his ills duties and he shall also take and subscribe the same oath prescribed by law to te be taken by said bald marshal and said appointment bond and oath shall appointment aE be a filed and remain in the office of the clerk of the supreme court of sad sayd terri tory in ill actions brought against sald said marshal marshai for the misfeasance or nonfeasance non noti of any deputy it shall be lawful for the plaintiff athis at his option to J join oin oln the said staid deau deputy ty a and nd the sureties on his bond with said marshal and his sureties SEC seo 2 that it shail shall I 1 be the duty of the united states attorney in said territory in I 1 person verson or by an mI stant to attend all the courts record having jurisdiction of offen es as ail wellander well wel under lunder the laws lawr of paid territory as of the united states and perform the duties of prosecuting officer in all criminal cases arla aris ing in said sald courts and he is hereby authorized to appoint as many assistants si as in may it y cc be nece necessary amry each of whom shall subscribe the same oath aith as Is ia prescribed by law for said united states attorney and the said appointment and oath shall be filed and remain in the office of the clerk odthe of tho the supreme court of said territory the united i states attorney shall be entitled ta V x the saino pama fees nor for i ervice arb rendered den dem d ly by aji be vou would rou d be entitled en titled to for the same services I 1 if r rendered by himself the territorial legislature 21 may provide ifor the election of aa prosecuting in lri wity fity Y 1 attorney any cou county and such attorney if austbo pa to do by such legislature inay com eom pst fly menee menco prosecutions for un af der the laws of the territory within such county and if such tion is carried to the district court by recognizance or api appeal leal jeal or otherwise may aid in conducting the pro se cution in n suell court and the an 4 expenses of all eions for against any any law 6 the territorial legislature ie shall snail biel be paid out of the treasury of the ter te r aj SEC EC 3 beheld L in lri each eacil year two terms 0 of the su jj IJ dieme court of said territory and j four terms of each district court at nueh nuch times as the governor of the thel territory may by proclamation fix the district 01 strict courts shall have exclusive original jurisdiction in all suits sulta ai or prope proceedings edings in chancery and in bf 1 all actions at law IP in which the sum orvi orealue or value flue of the thing in controversy shall shail be bet three hu hundred ildred doliar dollar or lup jup iop judward ward and in ili all controversies 1 s where tile tiie title possession or boun darles daries or of land or mines or of mining claims shall be in dispute vh what t 3 ever their value except in actions for forcible or dr unlawful detainer and thoy they shall have Jurisdiction in suits for divorce when a bill csc is filed by a woman to declare a mar mari 3 ria geor pretended marriage on account of a previous subsist subsisting ing lug marriage of the def defendant dependant jdant to another woman woman the court or judge thereof may grant gnant such reasonable sum for alimony and counsel fees as aa the circumstances of the tile case vase will justify and may likewise by finai final decree decree I 1 make such allowance for the maintenance of the com coin i 1 pini nant hrant and her children childre ii by the defendant aa may be just ands and rea and whenever in any g pote proceeding eding for divorce or in any i civil cause or in in any criminal prosecution it ift is necessary to prove the exis existence terica of the marr marriage Tage relation between two I 1 it t shall not be necessary to prove the sami same bame by the production of 7 any record or certificate af pf ortho orthe the tho mitar marriage 1 age but evi pil evidence dence of cohabitation between the parties a husband wad an d wife and the acts conduct declara declai h tion tiong F i and admissions of the parties partis sr shall be admissible and the marri age may be established like any question i estion estfon of fact probate courts I 1 in a their respective tive tivo counties sli sil shall shail aliD aill have juris fiction in lri settlement the f of estates of lof decedents beceden dece dents 0 and an id in matters of guardianship a and nd other like matt mattella erlb erm bul but abul otherwise they th ey shall shail have no lio civil chancery or criminal whatever they suits of 01 divorce vorce for sta sla statutory causes 8 con currently with the district courts but jut any defendant iri lri h aguir huir suir for di voree vorce commenced in probate arm amm bate court i r will be bd entitled after appearance itna und before a plea orl or ianswer answer to have said suit removed tb the district i court having jurisdiction whenn when A said sull runn shall proceed in like man marf m n ner e r as vis if originally commenced in i said district i court all judgments and dec decrees rees heretofore rendered by the probate courts which have deen neen execute executed dand and the time to appeal from which chii h lias ilas bythe by the existing laws of said raid territory expired ale aie hereby validated rind kud confirmed 1 the jurisdiction heretofore cont eon con T berred u pon upon j justices of the peace by the organic act of said terii Teril territory tory is t d i tended extended eek bek to all cases where the tb e debt or sum bum claimed shall be less than three hundred dollars from nil nii alln ii final judgments of justices of the peace an appeal shail shall be allow 1 ul ed to the district courts of their te re in the ner as is now provided by the laws of sald said territory for lipp iipp appeals euis eais to the probate courts and from the judgments mein of the probate peal shall lie to the district court of the district ena eva bracing embracing tile tiie county in which such probate court is held heid in such puch cases and in such manner as the supreme court of said territory may by general rules framed for that purpose specify and delg designate and such appeal shall vacate the judgment appealed from and the case shall be tried de novo in the appellate court appeals may wax he be taken from both justices andl andi I 1 probate courts to the district couff of their respective districts in cases where judgments have been here hered d 4 rendered and remain uuele cutch but this provision shall shail not enlarge the time for taking a an n appeal beyond the periods now allow ed by the existing laws of said ter for taking appeals whenever the condition 0 of the business in the district court of any district is ab such that tho the judge of the dis ds brict is unable to do the same he may request the judge of either of the other districts to assist ill hi mand upon such request made the judge so requested may hold the whole or part of any term or any branch thereon thereof and his acts as such judge shall be of equal force as if they were duly assigned to hold the courts in such sueh district SEC 4 that wit within hirr sixty days after the passage of this act and in the month of january annually thereafter the cerk clerk of the district coart court in each judicial district and the jud judge e ot of probate of the county bounty in which the df district strict district court Is next to be tie held shall prepare a jury list from which grand and petit jurors shall be drawn to gerve serve serve in the district courts of such district until a new list shall bem hem be adeas herein provided said clerk and probate judge shall alternately select the name of a mame waie citizen of the united states who has resided in the district or of six months next prec preceding edine and who wha can read fead and write in the english larig language lan ian nage gnage and as selected the name and residence of each shall bu be entered upon toe tae list until the same shall contain two hundred names when the same shail shall bo daiy duly certified by such clerk and probate udger and the same shall he be filed in the olace ot of the clerk of such district court and a duplicate copy shall be made and certified by such and filed ld in the omee office of said probate jadue judge whenever a grand or petit sury jury is to be drawn to serve at any term of a district court the jud jad judge e of such district shall give public notice oi of the time and place of the drawing of such jury which shall be at least twelve dayd days before the commencement of such term and on the day and at the place thus thua flad nixed the judge of such district shall hold an open session of his bis court and shall preside at the thil drawing of such jury and the clerk of such court bourt shall write the tiame name of each person on the jury lists returned and aled daled arvn in his s office upon a separate slip lip of paper as near nean ly as practicable of the same size and form and alleach all guch sueh slips shall by the clerk in oien oten court bo be placed in a covered box bax and ana thoroughly mixed dand and mingled and thereupon orf we toe united states marshal 0 or his deputy shall proceed to fairly draw by lot from said bala box such number of names as may have previously been directed by said judge and if both a grand and petit jury are to be drawn the tha grand jury shall be drawn first finst and the drawing shall have been coni cont concluded eluded the clerk of the district court eburt shall issue a venire to the marshal or his deputy directing him to summon the persons so drawn and the Ba same bame meshall shall be duly served on each of the persons so drawn tt at least seten seven days before the commencement of the term at which th they eyare are to serve and the j jamons jurors a nors so drawn and summoned shall constitute the reo ree ulan ular grand and petit jaries juried for the term for all ali cases and the names thus drawn from the box by the clerk shall not be returned to or again placed in said hox boz until a new jury list shall be bd made if during auy any term of the district court any additional dit ional grand aurora ishall hhall be necessary the same shall shin be drawn from sald daid box by the united states marshal in open court but if the attendance of those drawn cannot be obtained in a reasonable time other othera names may be drawn in the same manner mauner each party whether in civil or criminal cases shall shail be allowed three peremptory challen challenges ces zes and in the trial of any prosecution fon ton adultery bl bigamy 9 or polygamy it shall lie a good cause of principal chii chil challenge lenge lence joany jamor juror practices polygamy or that he be believes ben ber leves ieves in the of the samel samei eamel in criminal cases case the court and not the ahe jury shall the punishment und under r the lim urn ration prescribed by law the grand jury jary 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 wilful and corrupt misconduct in affife of i public officers of every description within the district and they are also entitled to free access at all reasonable times timea to the public prisons prison and to I 1 the he examination without chame charf fe of all public records within the district SEC 5 that there shall be appointed by the governor of said territory one or more mor notaries not aries public for each organized county whose term ot of office shall be two years and until antii their successors shall be appointed and qualified the act of the legislative assembly of the thie territory of utah entitled an act concerning concern inz notaries not aries arles I 1 p approved january berent anth eighteen hundred and sixty slats bir sir is hereby approved except the first section thereof which Is hereby heneby disapproved that tuat wherever in said sald acts the cords probate judge or lerk clerk of the probate court ane anc used the words secretary of teeter shall be substituted sno sec BEC IL C that tho the supreme courtot court of said territory is beeby authorized to appoint commissioners of said court who shall have and exercise all the duties of cam miss loners of the circuit courts of theuil the united states and to acknowledgements takimi acknowledge ments of ball and so forth and in addoff n they shall have the ac same aught authority as examining end and commit committing Ung magistrates in all cases arising under the laws of said territory as Is now pos possessed sessel by justices of the peace in said sald territory sno sec 7 that the common law of england as the aade la Is defined and modified bythe by the courts of last resort iu in those sla stae stab s of the united states where the common law i recalls re valls vails shall be the rule of decision in all the courts of said territory so far as it I 1 h not repugnant to ta or with the and laws of the united states and the existing statutes of wd said tory tr r sid wid aj eat wat the act of the territorial h 0 legislature of the territory of utah enli aedan act in relation to marshals and attorneys tor approved march third eighteen hundred and fifty two and all laws of faid fald r aid ald territory inconsistent with the provisions ol of this act are hereby disapproved the achot act of the congress of the united states entitled an act to regulate tho the fees and costs costa to be allowed clerks marshals and attorneys of 0 the circuit aud bud aud and district court counts a of |