Show COURT commissioners bor s witnesses atia reporters among the important bills has become law is the following pro viding for the payment of jurors witnesses and phonographic reporters and defining the duties of chui coui t com missioners ners action 1 be it enacted by the cov arnor and legislative assembly of the territory of utah that hereafter and until the brat day of april A D apo Alit nesses for the territory in crim f cases and in the district cou ln t s shall be paid the sum of two dolla rs per day for cacti days attendance at court and twelve cents per mile one ray for the distance necessarily trav eed from the p ace of residence to mhd place of holding court provi ded that in no case sh all per them be allo Aed to any juror for days or parts of days devoted to tho trial of cases under the laws of the united states SEC 2 the clerk of the district court shall whenever a juror horwit ness for the Terr y dig a ilor drzai iesue to him 1 fl 1 at e un d e r of the court stating tile name of such juror or witness wilen and where be its or subpoenaed the date 0 I 1 his appearance at court and the date of his discharge the place of his residence the number of miles necessarily traveled from besplace of re r idenie to the place of holding court and the number of days he was in actual atten dance and if a juror the of days of actual attendance exclusive of days devoted in whole or in part to the trial of cases under the lassof the united states sze 3 the plaintiff in each cov 11 action and the appellant in each civil case appealed to the district court shall respectively before ills com plaint are filed deposit w ith the c erk of said court the sum of three dollars which shall be L and designated as the jury fund that the term civil altion ill this section apply to and in elude all actions villere a municipal corporation is a part beneficially in hertsted provid d 7 rah T hat in cise judgment is rendered in favor of such appellant said amount may be taxed as costs and collected costs in the action sec 4 the clerk beall on or b ea fore the first in june A D isas and quarterly thereafter pay into the territorial treasury all deposited mith under the provisions of this act and shall af tile fame time furnish the auditor of public accounts a statement in writing h owing p of complaints fil ed an I 1 ille of appers ta ken to I 1 he it ct court in avil cases since making ills last statement to sali au aitor together with the title of each cafe 5 it shall be the duty of the clerks of the beveral district courts to keep an attendance roll 11 hall be noted the name of each witness subpoenaed for the prosecution in territorial criminal c oseg the name of cacti wi lanus bubp anaed for tile defendant at the expellee of tile territory under order of the court the name of each juror when said witness or uror was subpoenaed or summoned the d W of appearance the date of discharge each dacil attendance w ith the date his plue of residence and the number of miles necessarily traveled by said witness or juror from the place of his residence to the place of holding court and it a juror the of days exclusive 0 as upon which united states cases were churor investigated by the grand jura is the case may be 0 whenever a grand juror or witness forthe territory beto rethe grand jury is finally discharged the foreman of said grand jury shall furnish the clerk of said court a statement under oath containing lite information not a matter ot record required in the preceding section relative to said juror or witness n the cleric shall issue a certificate to a i d or juror as in this act provided and shall enter the facts not already a matter of record upon such attendance roll and carefully we and preserve the statement of said foreman for reference as provi e d S r C 7 L very witness subpoenaed for the territory and every witness defendant der of the court at the expense of the and every juror grand or petit shall report n person daily to the clerk ills court from the time of his appearance till the date of his and no per them shall be allowed c or any day upon which attendance is not so reported except in cases of sickness while absent from home as such juror or witness which fact inbuilt be stated under oath to the bourt by the witness or some person on aror br half cognizant of the facosi whereupon the court may order the allowance per them for such number of days as may be just and equitable said statement so made under oath as be filed with the clerk and preserved for reference after provided sect 8 vo witness for a defendant a cri caso shall be subin paid mileage or per them by the territory orv except upon an order of tile court when said defendant Is in prison awaiting trial for a felony said order can only be made upon atil davit made by t ari defendant in person showing that sal d defan daut Is cuil lons and to par the per them and mileage ol 01 I 1 said wit need and 2nd aliat said witness will pot go appear at said trial in behalf of said defendant ard 3rd that the evidence of said bitnes s is inato rial for deafen cants defence as lie Is adby visca his cOun sPI and ath that maid defendant defend aut cannot safeya proceed to trial said ness if saia f aota aap nat port fitness rit reverted r by the district attorney or he a faida vat 0 1 person cog nr at 0 th f is ohp court may issue ata or der all aforesaid witness it athin the ri be d i cm and mile a 0 by the the sa me as for the prose cution sze 0 Ile and until the let day of april 1896 phonographic reporters in territorial criminal cue shall receive ten dollars per them for taking testimony and 0 ther proceed ings of the court in ld come and ag cents per one hundred transcribing tile same i ana shall paid upon presentation of a certificate of ilia clerk of said court as herein after provided I 1 1 at il i e el 0 s e 0 f i e n of atie d ii ailet co u r t f b e e ler ekeh s a ald court shall amud to theo h 0 no reporter thereof I 1 er fl ate to be approved by the court showing tile actual number of days said reporter wn engaged alij taking testimony and other proceedings of the court in territorial criminal eases exclusive of days upon which cited states cases were trie dand also the number of foliot of such pro transcribed bys aldre 0 ri 1 together fittz the amount due I 1 r til services so rendered sac 11 tile following named per az are hereby appointed hose term of office shall on the day of april A D I 1 8 I 1 joseph who shall act as at ogden for the northern division of the first district john IV turner ullo shall act at provo for the south tha alist brict benjamin henriett Benr iett for the second judicial district and george D p Y per for the third judicial district 1 ease of the failure or omission of said persons from any cause xa accept said office or in case of by death resignation or from any other caise id either of said offices the clerk of the county in which the district court is held shall be the cam missioner of said court and 1 1 tuch as in this act provida IT I 1 0 r ake qualification of commissioner sec 12 rich of said commission ers within thirty days after the passage of this aca or the bounty clerk immediately after receiving ow ledga that the duties of said 0 mee have devolved upon him as in this act provided shall qualify by aug fug to the oath of office and filing bonds with at ae ast two sufficient sureties with terri t orial auditor of public accounts which bonds must be approved by bird in the penal sum of ten anil dol firs 13 it shall be the duty of said examine all under tile provisions orthis act presented to them and compare them with the records of the court they shall have aces to all such records papers statements etc upon the service re n deol by jurors witnesses and graphic lepor and may administer pattie or affirmations to the holder af an on h cert I 1 ficare or the person to 0 m it was issued ani e camine bidi regarding mhd ormed miles traveled etc if the c 0 m T is r is that the ie 0 has been performed and the certificates ar 0 correct he shall allow the abou amou nt claimed and if incorrect ahall I 1 crease or decrease ahe sum t 0 the correct amount SEC 14 said commissioners commissio neTs are au theorized zed to draw upon the auditor of public acco unia for sufficient amount to pay said juross witnesses and phonon graphic reporters aln pre io no said when au cited as herein pro aided vided crowded of sa d com ers shall not a any time have on hand more than 3 far the purpose herein 15 they shall keep an accia py them to whom and when paid and the cause of disbursement and they shall n 0 ton v except upon the present tio n of sat court cert 1 cates and when p amentis ym entis made thereupon said certificates a shall be taken up cancelled re gist ered a nd filed annually with the auditor P ab lie accounts gocr 10 during the brat ten dars of the session of the next legislative assembly said shall transmit to said assembly reports of their proceedings under this I 1 act for their services under this act each of said commissioners awl receive the sum of three hundred dollars annual ly u be paid bythe territorial tress aurer upon the warrant of tile of public accounts out of the amount appropriated and cot apart in the next section giza 17 the territorial Terri toral treasurer I 1 for the pur of carrying out th provisions dorthi t is hereby ret quiren to set apar aana reserve ina separate fund to be known as the fund for the payment of jurors wit nesses and phonographic reporters all moneys for that burp so to be palf i out only upon the auditor a warrant for the payment of said phol no graphic reporters jurors and wit and the salaries of said commissioners see 18 it shall be the duty of the auditor of public accounts to issue his warrant upon said territorial treasurer for any amount not exceed ing five thousand dollars at ay a y one time to eitnier of said commissioners upon an ord by him 19 very witness juror ab 0 na graphic reporter or other person to whom an oath has been laddin tinder the proviso of this act apsa matter which lie knows to be untrue shall be deemed cuilty of perjury and shall bd punished t by imprisonment in the penitentiary not less than one nor more than ton years sec 20 every clerk of the district court who shall certify as a fact tiny which he knovis to N untrue whereby any aptness Ait ness juror or phon graphic reporter shall be allowed a sum than lie would otherwise to under the provisions of this act shall be deemed guilty of a 21 every court commissioner who shall audit any court certificate provided for in this act and wilfully S greater or less amount theia on than bo allo this act shall be deemed guilty of a demeanor 22 so much of chapter tle 4 of an act entitled an a revis ing the code of civil procedure of the territory of utah approved march 13 1864 as allows phonographic reporter rep any sum greater than ten dollars per diera for taking dowil proceedings of the court or five cents per words and allows payment out ot te territorial treasury treas urT Is ro sto 21 no officer or other person connected with any of the district courts of this territory and no assessor and collector of any in this territory shall be interested either directly or indirectly by purchase or otherwise in any pt issued for the services Fer vices of jurors or witnesses under this act and any person violating the this act is guilty of W iiii demeanor em eanor pvc 24 this act shall expire by on the first day of april A D 1890 and shall be 14 force from and altar april lot 1888 |