| Show REMISSION OF FINES AND COSTS IMPOSED ON V U 8 CONVICTS ALSO REWARDS OF PRISONERS FOR FOB GOOD CONDUCT LAWS RELATING TO THE SUBJECT IN RELATION TO REMISSION OF FINES AND COSTS SEC 1042 revised statutes of the united states when a poor convict sentenced by any court of the united states to paya tine line or fine and cost whether with or without imprisonment tins been con lined in prison thirty days solely tor for the nonpayment non payment of such tine fine or fine and cost he may make application in writing to any commissioner of the united states court in the district where be is imprisoned setting forth his inability to pay such fine or tine fine and cost and afar notice to the district attorney of the united States who way may appear offer evidence and be heard the commissioner shall proceed to hear bear and determine the matter and if on examination it shall appear to him that such convict is unable to pay such fine or fine and cost and that he be has not any property exceeding 20 in value except such as is by law exempt from being taken on execution for debt the commissioner shall administer to him the following oath 1 I do solemnly swear that I 1 have not any property real or personal to th the e amount of 20 except such sach as is bylaw exempt frow from being taken on civil ot re capt for debt by the laws of state chere w here oath is administered and that I 1 have no property in auy any wa way conveyed or concealed or in any way disposed of for my future use orbe nellt so help me god and thereupon such convict shall be discharged the commissioner giving to the jailor or keeper of the jail a certificate setting forth the facts THE territorial STA ON EX SEC laws of 1884 1881 the following property is exempt from exe execution aution except as herein other otherwise spec specially bialiy provided I 1 1 chairs tables desks and books to the value of two hundred dollars belonging to the judgment debtor 2 nicest ary hou household behold table and kiichi n furniture belonging to the judgment debtor to the value of three au amildred ildred dollars also one sewing maculak maculae macu lae banging pictures oil barnt ined and drawings drawn or painted by any member of the family and portraits and their nee necessary frames provisions actually provided for individual or family use sufficient for three months two cows with their sucking calves and two hogs and aad all sucking pigs 8 the farming utensils or implements of husbandry of a farmer not exceeding in value the sum of three ti hundred undred dollars also two two horses or two mules and their harness one cart or wagon and food for suen such oxen horses cows or for sixty lays days also all seed grain or vegetables actually provided reserved or on hand band for the purpose of planting or sowing at any time within the ensuing bax alx months not exceeding in value the sum of two hundred dollars dolors 4 the tools tool chest and implements of a or artisan feces iary to carry on his bis tarse not exceeding in value the sum of five hundred dollars the notarial seal and records of a notary public the instruments and chests of a surgeon physician surveyor and dentist necessary to the exercise of their pr professions of es with their and professional libraries and the law professional libraries and office furniture of at orneys counselors and judges and the libra lies of ministers of the gospel 5 the cabin or dwelling ot of a miner not exceeding in value the sum of live hundred dollars dollar salso also his hose biose wind windlass lats derrick cars pumps and tools not exceeding in value two hundred dollars 6 two oxen two horses or br two mules and their harness and aad a cart or wagon one dray or truck track by the use of which a cartman drayman huckster peddler hackman teamster or other laborer habitually earns his and aad one horse with fenicle and h harness d lra tess or other equipments used fa b a surgeon or minister in making maklar his kroics rotes with hay bay and grain for orlaid said laure liure sufficient for three months 7 one naif half of the earnings e awnings of the judgment debtor tor his personal services rendered at any time within days next preceding the levy of execution or levy of attachment when it appears by the debtors affidavit alli davit or otherwise other wise that such earnings are necessary for the use of his family residing in this territory supported wholly or in part by his labors 8 all moneys benefits privileges or immunities accruing or in any manner growing out of any life insurance on the life of the debtor it the annual premium paid do not exceed five h hundred u adred dollars 9 all arms ammunition uniforms and accoutrements required by law to be kept by any person 10 all court houses jails public offices and buildings school houses bouses houses of public wo and personal property appertaining appertain ina ther thereto eto the fixtures furniture books papers and appurtenances belonging and pertaining to the court house jail and public offices belonging to any county in this territory jorfor the use of schools or houses bouses of p public ablia worship and all cemeteries public squares parks and places public buildings town halls balls public markets buildings for the tt use e of tire fire departments aud and military organizations and the lots and grounds thereto belonging and appertaining owned or held by any town or incorporated city or dedicated by such town or city to health Lorn ornament ament or public use or for the use nse of any tire fire or military Lom company pany now existing or which may be under the law of this territory hereafter organized if 11 if the debtor be the head of a family there shall be a further exemption of a homestead to be selected by the debtor consisting of lauds lands together with the appurtenances and improvements prove ments thereon not exceeding in value the sum of one thousand dollars for the judgment debtor and the further sum of live five hundred allars for his wife and two hundred and fifty dollars for each other member of the family if the homestead selected by the debtor is of a greater value than is exempted under this section it shall be optional with the judgment debtor to permit the same to be partitioned or to be sold and to receive in money the value of the homestead as provided in this section if the debtor so elect the homestead may be sold as other lauds lands are sold on execution and after pa ofte paying the debtor the value of the homestead the balance of the money shall be applied upon the judgment provided that hat the home homestead shall not be sold if the officer do not receive a bid for ogreater amount than the value of the homestead exempted in this section it if sold on the judg jude men menta tb money oid aid the debter for the homestead shall be exempt f rum that or any other execution if the officer having the execution and the judgment debtor cannot agree as to the value of the homestead or the parti tiou thereof or as to the quantity and value of any of the articles of personal property in this section exempted the officer shall stall select one person and the debtor another person both being householders of the vicinity to whom thi the officer shall administer an oath to fairly and justly appraise and set apart the exempt property of the judgment jud guient debtor concerning which there is a disagreement between him aim and the of officer fleer if the disagreement relates to the value of the homestead or to the partition thereof the appraisers shall report to the officer their appraisal of the property properly selected for the homestead it if the debtor elect to have the property partitioned it shall be the duty of the appraisers to set apart such a homestead as tile the j judgment debtor shall elect and be entitled 1 lounder the provisions loDs of this in case of the disagreement of the appraisers they shall chose a third person who shall also be sworn and the decision of any two of s said a 1 d a appraisers raisers when made shall be final fina 1 lre the property not set apart as a homestead shall be subject to sale under execution the proceeds to be applied on the judgment no article however or species of property mentioned in this section Is exempt from execution issued upon a judgment recovered for its purchase price or any portion thereof or upon a judgment or foreclosure of a mortgage or a me mechanics chanles or laborers lien thereon or exempt from sale for taxes AN ACT TO LESSEN THE TERMS OF SENTENCE OF CONVICTS FOR GOOD CONDUCT SECTION 1 be it enacted by the governor and L legislative dative assembly of the territory of utah tah that it shall be the duty of the warden of the utah penitentiary to keep a record in which he shall enter a statement of every infraction of the prison rules committed by any of the convicts at the end of each month he shall certify uton upon said record to the rood good conduct of each convict who has not been guilty of an infringement of any of the rules SEC 2 each convict sentenced for any period less than life who has not been cef n guilty of a breach ot of the rules of 0 of t the e rison prison shall be entitled 10 to a 46 re reduction act on of the period of sentence as hereinafter provided and when the full term ol of imprisonment lor for which any convict has been sentenced by the court shall b be e diminished byais by his good conduct under the provisions of this act so 60 that the term tarm of imprisonment has thereby expired the warden of the penitentiary shall furnished tary of the 06 territory a certificate stating the length of time imprisonment has been so and no objections ap appearing pearin 9 to the 0 the convict shall be released tec 3 the following fol lowine deductions shall be allowed to convicts for good conduct from the term 10 sentence of three months froma from a term of six months thirty day s from a term of one year two calendar months thus a one year convict shall be entitled to a discharge disc harze at the expiration dionot often of ten months if the term be tor for any time greater than one yeartie ye year arthe the service for the second year or portion thereof shall begin at the expiration of ten months which shall stand for fora a service of one year on a second year the convict shall be entitled to a reduction bof of three calendar months thus a service of one year anil and seven months shall be sufficient for a term of two years the service of a third year or fraction thereof shall begin at the expiration of one year and seyen seven months four calendar months shall be allowed on said third year thas a service of two years and three months montas shall be sufficient lor a term of three years for a term of for foar r years trie alie service sei vice of the fourth or portion thereof shall begin at the expiration of two years and three months and on the year five months ball be allowed thus a service of two years and ten months shall be sufficient for a term of our years in a term of five years the service of the fifth year or portion hereof shall begin at the expiration of two years find and tin ten f rom the fifth year there shall bv be a deduction of six calendar months thus a service of three years and lour four months shall be sufficient for a term of five years for all time in excess of five years there shall he be a deduction of hiie one half for such time SEC 4 in all terms of sentence terminating intermediately badeen b tween those terms hereinbefore specified the deduction shall be proportionate to those named in the foregoing section SEC 5 for a violation of the rules the convict shall be liable to forfeit all his reduction time for the mouth month in which the infraction occurs if the offense or offenses be aggravated or oc frequent the waiden or other officer in charge shall have power to punish the offender by depriving him of all or any portion of his bis reduction time earn earned 1 previous to the commission of said ov of jense bense or offenses provided that any convict who may fe feel el himself az aggrieved grieved bv the action of the warden or other officer ticer in charge in such cases shall have the right to appeal appeal in writing to the governor of ef t the e territory which writing shall include a statement of facts and the evidence and reasons of the appeal lant for considering himself unjustly dealt with should the governor 7 upon 00 investigation U deem t ae e jh va a of the e grounded he shull shall hive power to th credit track back 1 to said convict the earned reduction tion time of which he has been deprived tiec sec 6 this Bets act shall ball borth wita after its passage and approval and all terms of sentence then pending shall be treated in accordance with the foregoing provision 7 that chapter XI of the laws aws ot ol 01 utah 1880 entitled 11 an act allowing reward to convicts and commuting their term of sentence lor for meritorious conduct be and the same is hereby repealed approved march 11 1886 |
