Full text of "Acts, resolutions, and memorials, passed by the first annual, and special sessions, of the Legislative Assembly, of the Territory of Utah, begun and held at Great Salt Lake City, on the 22nd day of September, A.D., 1851"

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Historian's Office Library

The Church of Jesus Christ
of Latter-day Saints

1851

ACTS,

RESOLUTIONS, AND MEMORIALS

PASSED BT V9X

FIRST ANNUAL, AND SPECIAL SESSIONS, OF THE
LEGISLATIVE ASSEMBLY,

OF THE

TERRITORY OF UTAH,

BEGUN AND HELD AT GREAT SALT LAKE CITY, ON
THE 22ND DA. A' OF SEPTEMBER, A. D., 1351

aso THE

CONSTITUTION OF THE UNITED STATES,

A>"7' THE

ACT ORGANIZING THE TERRITORY OF UTAH.

Published by Authority of the legislative AasnHjr.

G. S- L. CITY, U. T.

18 5 2/

BRIOHAM H. YOUKG, PRINTER.

Digitized by the Internet Archive

in 2011 with funding from

Corporation of the Presiding Bishop, The Church of Jesus Christ of Latter-day Saints

http://www.archive.org/details/actsresolutionsmOOutah

C O N T K N T S .

ACTS.

American creek 171

Apportionment 109

Appropriation Bill, 100

Assembly of Indians, 94

Assessor and Collector, and Select men for the current year, ... 116

Attachment and Capias 62

Attorneys, 55

Big Kanyon creek road, 170

Bridges across O^den and Weber rivers, 164

Chicken creek 172

City charters amended 175

Code commissioners 173

Constitution of the United States 9

Counties, 162

County treasurer 115

Continue in office certain officers 116

Cottonwood canal ...... 169

Crimes and punishments 117

Diris county 161

Decedents 67

Ditches and sects 143

DiWee 82

Fiiectments 65

Elections 104

Election of probate judges 174

Enclosures and division fences 73

Fee bill for elections .-. • I0X

Ferry across Green river 166

Bear river 167

Grand jurors 97

Guardians 79

Habeas corpus 53

Highways • 88> 143

Indian slaves and prisoners 93

Incorporation of Cedar city 176

Lehi city 184

Fillmore city 192

Nephi citv " 500

(inspection of spirituous liquors 160

Judiciary 37, 38

Justices of the peace 48

Joint enclosures "3

Lands 06

Lawful and religious meetings *'

Marks and brands S4

Marshals anil attorneys 56

Masters and apprentices :. 75

Mill creek 169,170

Millard county • 161

Militia 143

Minors ,., 78

Notaries public 89

Ogden city loo'

Organic act .. 27

Practice 53

Preamble and act 91

Profanity a d drunkenness SI

Public highwaya — 88" i

Real estates 66

Religious and lawful meetings £8

Replevin 6-1

Revenue ...... •••• 110

Road tax and supervisors 113

Schools 97

Seat of government 101

Selectmen 5*2

Surveyors and surveying 94

Service • ...... .. , 80

Treasurer and auditor of public accounts 113

Trespass and damage 74

Transfer of lands G6

University of Deseret 175

Utah library 98

Waters of Mill creek 169,170

Woollen factory 172

RESOLUTIONS.

AsFessor and auditor, appropriation for 212

Appropriation for road purposes 214-

surveyor general 215

Communications on civil and military matters . . 2!2

Constitution and Organic act, distribution of , 213

relinquent taxes of Iron county 2'1

Deseret, legalizing the laws of . 2-5

to revise and classify the laws of 215

Distribution of the Constitution and Organic act -13

laws and journals 213

Funds, public "... 209

Government, locating the seat of 206

Government, expenses of locating the seat of ...... 211

Home manufactures 205

Iron county, delinquent taxes of 211

Laws and journals, distribution of 213

of Dcserei legalized 205

to revise and classify 215

Legislative assembly, next annual meeting of 213

Library of Utah 207

Order on D. B. Harris for five hundred dollars 209

Public funds 209

Postage on civil and military matters 212

Hevise and classify the laws of Deseret 215

Koad purposes, appropriation for 214

territorial in Weber county extended , 211

Seat of government, expenses of locating 21.1

locating 2U6

Secretary of Territory 2U4

Select men or referees 208

State house, purchase of 210

State road, survey of 212

Superintendent of primary schools 20)

Surveyor genera'], appropriation for 215

Surveys of W. M. Lemon 210

Territorial road extended north 211

Utah Territory, locating the seat of Government of 200

library " 207

Weights and measures 214

MEMORIALS.

To the President of the United States for territorial officers 216

congress for an appropriation for a territorial prison 219

to establish a semi-monthly mail from Great Salt Lake

City to San Diego 219

for an appropriation to pay the code commissioners 220

for a territorial road 221

for calling a convention to form a state government 222
to defrav the expenses of the provisional government

of Deseret 223

to locate a turnpike road from the Nebraska to Sacra-
mento city 224

for a National central rail road to the Pacific coast 225
for a wsekly raail from the Missouri river to Great

Salt Lake City ' 226

for an electric telesrraph from the Mississippi to Cali-
fornia 17 226

for a Geodetic survey in Utah territory 227

f.:r the extension of the legislative session to ninety

days 228

to pay expenses of Indian expeditions 229

for an appropriation for support of schools 229

To Congress to pay the expenses of the special seasion of the legis-
lature 230

for an act authorizing treaties with Indians 231

for the donation of public lands to settlers, and for

edacational purposes 232

for a survey of the southern boundary of the territory 232

for the establishment of a distributing post office 233

To the post master general of the U. S., for a mail ajjer.* 234

The first session of the Legislative Assembly of the territory of Utah,
was convened in pursuance of the Proclamation of the Governor, 5>n
the 22nd day of September, A. D. Ib51; and continued by adjournments
to the 18th day of February, A. D. 1852. This was succeeded by a special
session, called by Proclamation of the Governor, and convened the day
following, continuing until the 6th day of March, A. D. 1852.

BRIGHAM YOUNG, Governor.

MEMBERS OF THE COUNCIL.
Great Salt Lake County.
WILLARD RICHARDS, President.
HEBER C. KIMBALL,
DANIEL H.WELLS,
ORSON SPENCER,

EZRA T. BENSON, resigned September 24th, 1851.
ORSON PRATT, elected November loth, 1851.
•fEDEDIAH M. GRANT, resigned September 23rd, 1851.
EDWARD HUNTER, elected November 15th, 1851.

Davis County.
JOHN S. FULLMER,

Weber County,
LOREN FARR,
CHARLES R. DANA.

Utah County.
ALEXANDER WILLIAMS,
AARON JOHNSON.

San Pete County.
ISAAC MORLEY.

Iron County.
GEORGE A. SMITH.

MEMBERS OF THE HOUSE OF REPRESENTATIVES.
Great Salt Lake County.
WILLIAM W. PHELPS, Speaker.
DANIEL SPENCER,

DAVID FULLMER,
EDWIN D. WOOLLEY,
PHTNEAS RICHARDS,
JOSEPH YOUNG.

HI NRY G. SHKKWOOD,
"I FORT) WOODRUFF,
B NJ \MIN F. JOHNSON,
HOSE A ST! JUT,

WILLARD SNOW, resigned September 24th, 1851.
JOHN BROWN, elected November 15, 1851,

Davis County.
ANDREW L.LAMEREAUX,
JOHN STOKER,
GIDEON BROWNELL,

Weber County.
DAVID B. DILLE,
JAMES BROWN,
JAMES G. BROWNING,

Utah County.
DAVID EVANS,
WILLIAM MILLER,
LEVI W. HANCOCK.

-San Pete County.
CHARLES SHUMWAY.

Iron County.
ELISnA H. GROVES,
GEORGE BRIMHALL, elected November 15, 1851.

Tooele County.
JOHN ROWBERRY.

TERRITORY OF UTAH, i gg

Secretary's office. )
This certifies that the following Laws, Resolutions and Memorials are
a true copy of the record of this office.

In testimony whereof. I havehprpunto set mvhnnd. nnd

8eal of the Territory, at Great Salt Lake Cit- , this 21st day

\ L.S. [ of June, in the vear of oar Lord, eighteen hundred and

IE * J fiftv-two, and of the Independence of the United States

of America, the seventy-sixth.

WILLARD RICHARDS. Secretary, pro tern-
Appointed by the Governor.

.r*

CONSTITUTION.

We the people of the United States, in order to form a more perfecl
union, establish justice, insure domestic tranquility, provide for the
common defence, promote the general welfare, and secure the bless-
ings of liberty to ourselves and our posterity, do ordain and estab-
lish this CONSTITUTION for the United States of America.

ARTICLE I.

SECTION I.

All legislative powers herein granted shall be vested inc
a Congress of the United States, which shall consist of a
Senate and House of Representatives.

SECTION II.

The House of Representatives shall be composed ofRepresel)ta_
members chosen every second year by the people of thetives, now
several States, and the electors in each State shall have thec
qualifications requisite, for electors of the most numerous
branch of the State Legislature.

No person shall be a Representative who shall not haveQuaitficatum
attained the age of twenty-five years, and been seven years°^sepre""t"
a citizen of the United States, and wTho shall not, when elec-
ted, be an inhabitant of that State in which he shall be
chosen.

Representatives and direct taxes shall be apportionedApportionment
among the several States which may be included Avithin this°.f Representa-
Union, according to their respective numbers, which shalltaxce.
be determined by adding to the whole number of free per-
sons, including those bound to service for a term of years,
and excluding Indians not taxed, three-fifths of all other
persons. The actual enumeration shall be made within
three years after the first meeting of the Congress of the
United States, and within everv subsequent term of tenCensuseverv

' , i ... , irV ii mi ten years.

years, m such manner as they shall by law direct, lne
number of Representatives shall not exceed one for every
thirty thousand, but each State shall have at least one Rep-
resentative ; and until such enumeration shall be made, the
State of Newr Hampshire shall be entitled to choose three,

Massachusetts eight, Rhode Island and Providence Plan-
tations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North Carolina five, South Carolina five, and
Georgia three,
vacaneie*, When vacancies happen in the representation from any

how filled. State, the Executive authority thereof shall issue writs of

election to fill such vacancies.
Representa- The House of Representatives shall choose their Speaker
tiveschoo«eof-an(l other officers ; and shall have the sole power of im-

ticers and bring . r

impeachmonts.peachnient.

SECTION III.

Senate, how The Senate of the United States shall be composed of

< nosen. ^wo genators from each State, chosen b)r the Legislature

thereof, for six years; and each Senator shall have one vote.

Immediately after they shall be assembled in conse-

ci. quence of the first election, they shall be divided as equally

as may be into three classes. The seats of the Senators of
the first class shall be vacated at the expiration of the sec-
ond year, of the second class at the expiration of the fourth
year, and of the third class at the expiration of the sixth
year, so that one-third may be chosen every second year ;

howled"' and if vacancies happen by resignation, or otherwise, dur-
ing the recess of the Legislature of any State, the Execu-
tive thereof may make temporary appointments until the
next meeting of the Legislature, which shall then fill such
vacancies.

No person shall be a Senator who shall not have attained

ofSenators"1 to the age of thirty years, and been nine years a citizen of
the United States, and who shall not, when elected, be an
inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be Presi-

tn pre2de!dent<lent of tlie Senate, but shall have no vote, unless they be
equally divided.

The Senate shall choose their other officers, and also a
President pro tempore, in the absence of the Vice President,

officers of or when jie shall exercise the office of President of the Uni-

Senate.

ted States.
Trial of im- The Senate shall have the sole power to try all impeach -
peachnenta. ments. When sitting for that purpose, they shall be on
oath or affirmation.. When the President of the United
States is tried, the Chief Justice shall preside : and no per-
son shall be convicted without the concurrp e of tw° ' ^s
of the members present.

Judgment in cases of impeachment shall not extend fur-Jnd8m°nt on
ther than to removal from office, and disqualification to
hold and enjoy any office of honor, trust or profit under
the United States : — but the party convicted shall never-Effect of
theless be liable and subject to indictment, trial, judgment
and punishment, according to law.

SECTION IV.

The times, places and manner of holding elections forEiections,
Senators and Representatives, shall be prescribed in each™'!*11 and how
State by the Legislature thereof, but the Congress may at
any time by law make or alter such regulations, except as
to the places of choosing Senators.

The Congress shall assemble at least once in every year, Congress as-
and such meeting shall be on the first Monday in Decem-juiy.
ber, unless they shall by law appoint a different day.

section v.

Each house shall be the judge of the elections, returns

, ■,.£ ,. r ., i i • -, /.Elections, how

and qualifications ot its own members, and a majority oijluiged.
each shall constitute a quorum to do business; but a small-
er number may adjourn from day to day, and may be au-
thorized to compel the attendance of absent members, in^1^"1 mem"
such manner, and under such penalties as each house may
provide.

Each house may determine the rules of its proceedings, RU\es.
punish its members for disorderly behavior, and with the
concurrence of two-thirds, expel a member.

Each house shall keep a journal of its proceedings, andf0"™"1^1"^*

. . tr J r o ' kept ana pub-

from time to time publish the same, excepting suchpartsiished.
as may in. their judgment require secrecy; and the yeasYeas& nays.
and nays of the members of either house on any question
shall, at the desire of one-fifth of those present, be entered
on the journal.

Neither house, during the session of Congress, shall, Adjournments,
without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the
two houses shall be sitting.

SECTION VI.

The Senators and Representatives shall receive a com-conj^Buntio,.
pensation for their services, to be ascertained by law, and

paid out of the Treasury of the United States. They

shall in all cases, except treason, felony and breach of tbS

Privileges, peace, be privileged from arrest during their attendance

at the session of their respective houses, and in going to

and returning from the same; and for any speech or debate

in either house, they shall not be questioned in any other

place.

Members not No Senator or Representative shall, during the time for

appointed to which he was elected, be appointed to any civil office under

the authority of the United States, -which shall have been

created, or the emoluments whereof shall have been in-

offi8ersof -creased during such time; and no person holding any office

fimmentran- under the United States, shall be a member of either house

bersbemem' during his continuance in office.

SECTION VII.

All bills for raising revenue shall originate in the House
smie 01 i.^^ Representatives; but the Senate may propose or concur
with amendments as on other bills.

Every bill which shall have passed the House of Repre-
sented tc the sentatives and the Senate, shall, before it become a law, be
['resident. presented to the President of the United States; if he ap-
prove he shall sign it, but if not, he shall return it, with his
objections to that house in which it shall have originated .
overUwmf wno shall enter the objections at large on their journal,
and proceed to reconsider it. If after such reconsideration
Proceedings two-thirds of that house shall agree to pass the bill, it
on ins veto. gjia|| ke gent> together with the objections, to the other
house, by which it shall likewise be reconsidered, and if
approved by two-thirds of that house, it shall become a
law. But in all such cases the votes of both houses shall
be determined by yeas and nays, and the names of the
persons voting for and against the bill shall be entered on
the journal of each house respectively. If any bill shall
i:i!i3tobeia\v?not be returned by the President within ten days (Sundavs

it not returned , x _ j *, m , •> \ .

niter. days, excepted) alter it shall have been presented to him, the
same shall be a law, in like manner as if he had signed it,
unless the Congress by their adjournment prevent its re-
turn, in which case it shall not be a law.

Every order, resolution, or vote to which the concur -
Joint orders orrence of the Senate and House of Representatives may be
i.eSapproveSrttbynecessary (except on a question of adjournment) shall be
Freiident. presented to the President of the United States; and before

the same shall take effect, shall be approved by him, or
being disapproved by him, shall be repassed by two-thirds
of the Senate and House of Representatives, according to
the rules and limitations prescribed in the case of a bill.

SECTION VIII.

The Congress shall have power to lay and collect taxes, oon^ess—
duties, imposts and excises, to pay the debts and provide1^ taxes—
for the common defence and general welfare of the UmtedGenerai w»i-
States; but all duties, imposts and excises shall be uniform^rc—

i i x ii tt -j. j 0^ i Duties uniform

throughout the United States;

To borrow money on the credit of the United States; borrow money

To regulate commerce with foreign nations, and amongC««»perce.
the several States, and with the Indian tribes;

To establish a uniform rule of naturalization, and uni-
form laws on the subject of bankruptcies throughout the^n"^"'.1011
United States;

To coin money, regulate the value thereof, and of foreigncoin money,
coin, and fix the standard of weights and measures; Weights ami

t •'*"'" . . measures.

To provide for the punishment of counterfeiting the se-Counterieitin?
curities and current coin of the United States;

To establish post offices and post roads; Post roads.

To promote the progress of science and useful arts, by Promote arts
securing for limited times to authors and inventors theandscience-
exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court; inferior eourts.

To define and punish piracies and felonies committed onPir:lcie3> &c-
the high seas, and offences against the law of nations;

To declare war, grant letters of marque and reprisal, ,aajc'e capture?,
and make rules concerning captures on land and water.

To raise and support armies, but no appropriation oiRaise armies,
money to that use shall be for a longer term than two
years;

To provide and maintain a navy; Navy.

To make rules for the government and regulation of theRuiesand ar-
land and naval forces; ticle8 of wan

To provide for calling forth the militia to execute thecaii out militia
laws of the Union, suppress insurrections and repel in-
vasions;

To provide for organizing, arming, and diciplining the°rsanize .■■4f
. r a , o> o> f e> govern militia

militia, and tor governing such part of them as may be
employed in the service of the United States, reserving to
the States respectively, the appointment of the officers,0^6™111'^1^

and the authority of gaining the militia according to thc

dicipline prescribed by Congress;

Exclusive le- To exercise exclusive legislation in all cases whatsoever,

seat,of°goverii-over suc^ district (not exceeding ten miles square) as

ment, may, by cession of particular States, and the acceptance

of Congress, become the seat of the government of the

United States, and to exercise like authority over all

places purchased by the consent of the Legislature of the

State in which the same shall be, for the erection of Forts,

Over forts, ar- Magazines, Arsenals, Dock-Yards, and other needful buil-

genals, docks, v ° ,

&c. dings ; and

To make mm- make all laws which shall be necessary and proper

eraiiawsto for carrying into execution the foregoing powers, and all
intoyeff°cit.erS ot^er powers vested by this Constitution in the Government

of the United States, or in any department or officer

thereof.

SECTION IX.

importation of The migration or importation of such persons as any of
Snm'0Wed^ie States now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the year one
thousand eight hundred and eight, but a tax or duty may
be imposed on such importation, not exceeding ten dollars
for each person.
Habeai corpus. ^ne Privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion
the public safety may require it.
«"$£? factod No bil1 .of attainder or ex post facto law shall be passed .
i«ws. No capitation, or other direct tax shall be laid, unless

ire es. jn pr0p0rtjon to the census or enumeration herein before
directed to be taken.
No exportation No tax or duty shall be laid on articles exported from
dut>'- any State.

Commerce be- No preference shall be given by any regulation of corn-
state" ' merce or revenue to the ports of one State over those of
another: nor shall vessels bound to, or from, one State, b<-
obliged to enter, clear, or pay duties in another.
Monoy how No money shall be drawn from the Treasury, but in con-
trre*asury.om sequence of appropriations made by law; and a regular
To be Miss statement an(* account of the receipts and expenditures of
ed° epu la "all public money shall be published from time to time.

No nobility. No title of nobintv sha11 be granted by the United
States; and no person holding any office of profit or trust
under them, shall, without the consent of the Congress,

^cpt of any present, emolument, office, or title, of anvForeig"Pre,s

. ,r J r > ' " . > J ents and titles.

kind whatever, from any king, prince, or foreign state.
section x.

No State shall enter into any treaty, alliance, or con-powers deni(,d
federation ; grant letters of marque and reprisal ; cointo the states,
money; emit bills of credit; make any thing but gold and
silver coin a tender in payment of debts; pass any bill of
attainder, ex post facto law, or law impairing the obligation
of contracts, of grant any title of nobility.

No state shall, without the consent of the Congress, layother power*
any imposts or duties on imports or exports, exept whafcgtates.
may be absolutely necessary for executing its inspection
laws: and the net produce of all duties and imposts, laid
by any State on imports or exports, shall be for the use of
the Treasury of the United States; and all such laws shall
be subject to the revision and control of the Congress.

No State shall, without the consent of the Congress,^1^^™1
lay any duty of tonage, keep troops, or ships of war in timestates.
of peace, enter into any agreement or compact with anoth-
er State, or with a foreign poAver, or engage in war, unless
actually invaded, or in such imminent danger as will not
admit of delav.

ARTICLE II.

SECTION I.

The Executive power shall be vested in a President 0fPresidentUS-
the United States of America. He shall hold his office
during the term of four years, and, together with the Vice
President, chosen for the same term, be elected, as fol-
lows:

Each State shall appoint, in such manner as the lecris-file(*ors'how

rr ' o appointed.

lature thereof may direct, a number of electors, equal to
the whole number of Senators and Representatives to
which the State may be entitled in the Congress: but no
Senator or Representative, or person holding an office of
trust or profit under the United States, shall be appointed
an elector.

The electors shall meet in their respective States, and^1^d,"]ect
vote by ballot for two persons, of whom one at least shall* president and
not be an inhabitant of the same State with themselves.™" Pre8ident-
And they shall make a list of all the persons voted for,
and of the number of votes for each; which list they shall

sign and certify, and transmit sealed to the seat of tin
Government of the United States, directed to the Presi-
dent of the Senate. The President of the Senate ihaH,
in the presence of the Senate and House of Representatives,
i heir votes open all the certificates, and the votes shall then be count-
rnunted in gd. The person having the greatest number of votes shall
be the President, if such number be a majority of the
whole numbef of electors appointed ; and if there be more
than one who have such majority, and have an equal
p0 .-*<, . number of votes, then the House of Representatives shall
sives to choose immediately choose by ballot one ot them tor President;
if electors faii.an(j jf no person have a majority, then from the five high-
est on the list the said House shall in like manner choose
the President. But in choosing the President, the votes
states. shall be taken by States, the representation from each

State having one vote ; a quorum for this purpose shall
consist of a member or members from two-thirds of the
States, and a majority of all the States shall be necessary
to a choice. In every case, after the choice of the President.
vice presidentthe person having the greatest number of votes of the
electors shall be the Vice President. But if there should
remain two or more who have equal votes, the Senate
shall choose from them by ballot the Vice Prseident.*
Election and The Congress may determine the time of. choosing tlv
meeting of electors, and the dav on which thev shall give their votes ;

^lectors* * .

which day shall be the same throughout the United States
Qualifications! No person except a natural born citizen, or a citizen of
at president, the United States, at the time of the adoption of this Con-
stitution, shall be eligible to the office of President: neither
shall any person be eligible to that office who shall nut-
have attained to the age of thirty-five years, and been
fourteen years a resident within the United States.
Rempvai,deat!i in case 0f tfie removal of the President from office, or
detit. ' of his death, resignation or inability to discharge the pow-
ers and duties of the said office the same shall devolve on
the Vice President, and the Congress may by law provide
for the case of removal, death, resignation, or inability,
both of the President and Vice President, declaring what
officer shall then act as President, and such officer shall
act accordingly, until the disability be removed, or a Pres-
ident shall be elected.
ui°iueesfdSeant?n Tlie President shall, at stated times, receive for his ser

*This clause of the Constitution has been amended. £ce twelfth article oi
amendments, page 96.

vices, a compensation, which shall neither be increased
nor diminished during the period for which he shall have
been elected, and he shall not receive within that period
any other emolument from the United States, or any of
them.

Before he enters on the execution of his office, he shalloath.
take the following oath or affirmation: —

"I do solemnly swear (or affirm) that I« will faithfully
execute the office of President of the United States, and
will to the best of my ability, preserve, protect, and de-
fend the Constitution of the United States."

SECTION II.

The President shall be Commander-in-chief of the armyPowers anii
and navy of the United States, and of the militia of theduti«»of *•"
several States, when called into the actual service of theprebl
United States; he may require the opinion, in writing, of
the principal officer in each of the executive departments,
upon any subject relating to the duties of their respective
offices; and he shall have power to grant reprieves and
pardons for offences against the United States, except in
cases of impeachment.

He shall have power, by and with the advice and con-
sent of the Senate, to make treaties, provided two-thirds
of the Senators present concur; and he shall nominate,
and by and with the advice and consent of the Senate, Appointment
shall appoint ambassadors, other public ministers andofPu'olieum-
consuls, judges of the supreme court, and all other officers
of the United States, whose appointments are not herein
otherwise provided for, and which shall be established by
law. But the Congress may, by law, vest the appointment
of such inferior officers as they think proper, in the Presi-
dent alone, in the courts of law, or in the heads of de-
partments.

The President shall have power to fill up all vacanciesVac;incies in
that may happen during the recess of the Senate, byoffice.
granting commissions which shall expire at the end of
their next session.

SECTION III.

He shall, from time to time, give to the Congress infor-
mation of the state of the Union, and recommend to t^^f^a'duties^of15
consideration, such measures as he shall judge necessaryt'he president.
and expedient; he may, on extraordinary occasions, con-

vcne both houses, or either of them, and in case of dis-
agreement between them, with respect to the time of ad-
journment, he may adjourn them to such time as he shall
think proper; he shall receive ambassadors and other
public ministers; he shall take care that the lavs be faith-
fully executed; and shall commission all the officers of
the United States.

SECTION IV.

The President, Vice-President, and all civil officers of
impeachment.'.the United States, shall be removed from office on im-
peachment for, and conviction of, treason, bribery, or
other high crimes and misdemeanors.

ARTICLE III.

SECTION I.

Judiciary and The Judicial power of the United States shall be vested
tenure of' in one Supreme Court, and in such inferior courts as the
ju ges. Congress may from time to time ordain and establish.

The Judges, both of the Supreme and inferior Courts,
shall hold their offices during good behavior; and shall,
at stated times, receive for their services a compensation
which shall not be diminished during their continuance in
office.

SECTION II.

Powers of the rp^e Judicial power shall extend to all cases in law and

judiciary. . . . * , , . _, .. ., .,

equity, arising under this Constitution, the laws of the
United States, and treaties made, or which shall be made
under their authority; to all cases affecting ambassadors,
other public ministers, and consuls; to all cases of admiral-
ty and maritime jurisdiction; to controversies to which
the United States may be a party; to controversies be-
tween two or more States; between a State and citizens
of another State; between citizens of different States; be-
tween citizens of the same State claiming lands under
grants of different States; and between a State, or the
citizens thereof, and foreign States, citizens or sxibjects.
. In all cases affecting ambassadors, other public ministers

the supreme and consuls, and those in which a State shall be a party,
court. the Supreme Court shall have original jurisdiction. In

all the other cases before mentioned, the Supreme Court
shall have appellate jurisdiction, both as to law and fact,

with such exceptions and under such regulations as the
Congress shall make.

The trial of all crimes, except in cases of impeachment.TriaU byjurv
shall be by jury; and such trial shall be held in the State
where the said crimes have been committed: but when
not committed within any State, the trial shall -be at anehWhere ti'i.i.
place or places as the Congress may by law have directed.

SECTION III.

Treason against the United States shall consist only in
levying war against them, or in adhering to their enemies, Treason,
giving them aid and comfort. No person shall be con-
victed of treason unless on the testimony of two witnesses
to the same overt act, or on confession in open court.

mi r~i iiii lii . . No corruption

I he Congress shall have power to declare the punish-of wood,
ment of treason; but no attainder of treason shall work
corruption of blood, or forfeiture, except during the life
of the person attainted.

ARTICLE IV.

SECTION I.

Full faith and credit shall be given in each State to theActsof state
public acts, records, and judicial proceedings of everyaccredlt<>'L
other State. And the Congress may by general laws
prescribe the manner in which such acts, records and pro-
ceedings shall be proved, and the effect thereof.

SECTION II.

The citizens of each State shall be entitled to all priv-Priviieges of
iliges and immunities of citizens in the several States. citizenship.

A person charged in any State with treason, felony, orFusitiven from
other crime, who shall flee from justice, and be found in5e™eercd up.
another State, shall on demand of the Executive authority
of the State from which he fled, be delivered up, to be
removed to the State having jurisdiction of the crime.

No person held to service or labor in one State, under^g^y" ,

i ' SIJIVGS to h*"' uC

the laws thereof, escaping into another,., shall, in conse-iiveredup.
quence of any law or regulation therein, be discharged from
such sendee or labor, but shall be delivered up on claim
of the party to whom such service or labor may be due.

section nr.

New States may be admitted by the Congress into this
New states. Union, but no new State shall be formed or erected within
the jurisdiction of any other State; nor any State be form-
ed by the junction of two or more States, or parts of States,
without the consent of the Legislatures of the States con-
cerned as well as of the Congress.
... The Congress shall have power to dispose of and make

(.thprprnperty all needful rules and regulations respecting the territory
nl the v. 8. or 0ther property belonging to the United States; and no-
thing in this Constitution shall be so construed as to pre-
judice any claims of the United States, or of anv particular
State.

SECTION IV.

formofgov. The United States shall guaranty to every State in
eminent. this Union a republican form of government, and shall
Protection of Protect each of them against invasion; and on application
stat»s. of the Legislature, or of the Executive (when the Legisla-

ture cannot be convened) against domestic violence.

ARTICLE V.

The Congress, whenever two-thirds of both Houses
Amendments shall deem it necessary, shall propose amendments to this
tution. ' ° " " Constitution, or, on the application of the Legislatures of
two-thirds of the several States, shall call a convention for
proposing amendments, which, in either case, shall be
valid to all intents and purposes, as part of this Constitu-
tion, when ratified by the Legislatures of three-fourths
of the several States, or by conventions in three-fourths
thereof, as the one or the other mode of ratification may
be proposed by the Congress; provided that no amend-
ment which may be made prior to the year one thousand
eight hundred and eight shall in any manner affect the
first and fourth clauses in the ninth section of the first
article; and that no State, without its consent, shall be
deprived of its equal suffrage in the Senate.

ARTICLE VI.

Debtsoffor- All debts contracted and engagements entered into,
mer govern- before the adoption of this Constitution, shall be as valid

meni recogni- . i TT •%.!«. ■ i i • ^ • i

•/.oil. against the united States under this Constitution, as under

the Confederation.

This Constitution, and the laws of the United States What<,01,.,if1'
which shall be made in pursuance thereof; and all treatiesPreme law!
made, or which shall be made, under the authority of the
United' States, shall be the supreme law of the land; and
the judges in every State shall be bound thereby; anything
in the Constitution or laws of any State to the contrary
notwithstanding.

The Senators and Representatives before mentioned, Jj«^°fpublic
and the members of the several State Legislatures, and
all executive and judicial officers, both of the United States
and of the several States, shall be bound by oath or af-
firmation, to support this Constitution; but no religious,, ,. .
test shall ever be required as a qualification to any officetest.
or public trust under the United States.

ARTICLE VII.

The ratification of the conventions of nine States, shall
be sufficient for the establishment of this Constitution be-Ratifi.-ation.
tween the States so ratifying the same.

Done in Convention by the unanimous consent of the
States present, the seventeenth day of September in the
ye'ar of our Lord one thousand seven hundred and
eighty seven, and of the Independence of the United
States of America the twelfth. In witness whereof we
have hereunto subscribed our names:

GEORGE WASHINGTON,
President, and deputy from Virginia.

New Hampshire. Delaware.

John Langdon, George Read,

Nicholas Gilman. Gunning Bedford, jun.,

John Dickinson,
Massachusetts. Richard Bassett,

Nathaniel Gorham, Jacob Broom.

Rufus King.

Maryland.
Connecticut. James M' Henry,

William Samuel Johnson, Daniel of St. Tho. Jenifer,

Roger Sherman. Daniel Carroll.

New York. Virginia,

Alexander Hamilton. John Blair,

James Madison, jun.

New Jersey.
William Livingston,
David Brearly,
William Patterson,
Jonathan Dayton.

Pennsylvania.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersol,
James Wilson,
Gouveneur Morris.

Attest,

North Carolina.
William Blount,
Richard Dobbs Spaight,
Hugh Williamson.

South Carolina.
John Rutledge,
Charles Cotesworth Pinckney
Charles Pinckney,
Pierce Butler.

Georgia.
William Few,
Abraham Baldwin.

WILLIAM JACKSON,

Secretary.

IN CONVENTION.

Monday, September 17, 1787.

Resolved, That the preceeding Constitution be laid before the
Tinted States in Congress assembled, and that it is the opinion of this
Convention that it should afterwards be submitted to a convention
uf delegates, chosen in each State by the people thereof, under the
recommendation of its Legislature, for their assent and ratification;
and that each convention, assenting to and ratifying the same, should
give notice thereof to the United States in Congress assembled.

Resolved, That it is the opinion of this Convention, that as soon
as the conventions of nine States shall have ratified this Constitution.
the United States in Congress assembled should fix a day on which
electors should be appointed by the States which shall have ratified
the same, and a day on which electors should assemble to vote for
the President, and the time and place for commencing proceedings
under this Constitution. That after such publication the electors
should be appointed, and the Senators and Representatives elected;
that the electors should meet on the day fixed for the election of the
President, and should transmit their votes certified, signed, sealed
and directed, as the Constitution requires, to the Secretary of the
United States in Congress assembled; that the Senators and Repre-
sentatives should convene at the time and place assigned; that the
Senators should appoint a President of the Senate, for the
ole purpose of receiving, opening, and counting the votes for Presi-

dent; and that, after he shall be chosen, the Congress, together with
the President, should, without delay, proceed to execute this Con-
stitution.

By the unanimous order of the Convention,

GEORGE WASHINGTON, President.
William Jackson, Secretary.

IN CONVENTION.

September 17, 1787.

Sir: We have now the honor to submit to the consideration of the
United States in Congress assembled, that Constitution which has
appeared to us the most advisable.

The friends of our country have long seen and desired that the
power of making war, peace, and treaties; that of levying money and
regulating commerce, and the correspondent executive and judicial
authorities, should be fully and effectually vested in the General Gov-
ernment of the Union: but the impropriety of delegating such exten-
sive trust to one body of men is evident; hence results the necessity
of a different organization.

It is obviously impracticable in the Federal Government of these
States, to secure all rights of independent sovereignty to each,
and yet provide for the interest and safety of all. Individuals
entering into society, must give up a share of liberty to preserve the
rest. The magnitude of the sacrifice must depend as well on situa-
tion and circumstance, as on the object to be obtained. It is
at all times difficult to draw with precision the line between
those rights which must be surrendered, and those which may be
reserved; and on the present occasion this difficulty was increased by
a difference among the several States, as to their situation, extent,
habits and particular interests.

In all our deliberations on this subject, we kept steadily in our
view that which appears to us the greatest interest of every true
American — the consolidation of our Union — in which is involved our
prosperity, felicity, safety, perhaps our national existence. This im-
portant consideration, seriously and deeply impressed on our minds,
led each State in the Convention to be less rigid on points of inferior
magnitude, than might have been otherwise expected, and thus the
Constitution, which we now present, is the result of a spirit of amity,
and of that mutual deference and concession which the peculiarity of
our political situation rendered indispensible.

That it will meet the full and entire approbation of every State, is
not, perhaps to be expected; but each will doubtless consider, that,
had her interest been alone considered, the consequences might have
v™- ^~>.^„..i--i" J-or,- -.ohle or injurious to others; that it is liabl e

to as few exceptions as could reasonably have been expected, we hope
and believe; that it may promote the lasting welfare of that country
so dear to us all, and secure her freedom and happiness, is our most
ardent wish.

With great respect, we have the honor to be, sir, your excellency's
most obedient humble servants.

By unanimous order of the Convention.

GEORGE WASHINGTON, President

His Excellency the President of Congress.

United States in Congress assembled.

Friday, September 28, 1787.
Present: New Hampshire, Massachusetts, Connecticut. New York.
New Jersey, Pennsylvania, Delaware. Virginia, North Carolina,
South Carolinia and Georgia, and from Maryland Mr. Ross.

Congress having received the report of the Convention lately as-
sembled in Philadelphia —

Resolved, 'unanimously, That the said report with the resolutions
and letter accompanying the same, be transmitted to the several Leg-
islatures, in order to be submitted to a convention of delegates chosen
in each State by the people thereof, in conformity to the resolves of
the Convention made and provided in that case.

Charles Thompson, Secretary.

AMENDMENTS.

ARTICLE I.

Congress shall make no law respecting an establishment of religion.
or prohibiting the free exercise thereof; or abridging the freedom ot
speech, or of the press; or the right of the people peaceably to as-
semble, and to petition the government for a redress of grievances.

ARTICLE II.

A well-regulated militia being necessary to the security of a free
State, the right of the people to keep and bear arms shall not be
infringed,

ARTICLE III.

No soldier shall in time of peace be quartered in any house, with-
out the consent of the owner, nor in time of war, but in a man-
ner to be prescribed by law

ARTICLE IV

The right of the people to be secure in their persons, house;
papers, and effects, against unreasonable searches and seizure
shall not be violated, and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized

ARTICLE V.

No person shall be held to answer for a capital, or otherwise in-
famous crime, unless on a presentment or indictment of a grand jury
except in cases arising in the land or naval forces, or in the militia'
when m actual service in time of war or public danger; nor shall any
person be subject for the same offence to be twice put in jeopardy of
life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use,
without just compensation.

ARTICLE VI.

In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witness-
es against him; to have compulsory process for obtaining witnesses
in his favor, and to have the assistance of counsel for his defence.

ARTICLE VII.

In suits at common law, where the value in controversy shall ex-
™1 7? I t°llarS' th\riSht 0f trial b7 JUI7 sha11 be preserved, and
A. in -?"!?i ? a Jllry Sha11 be otherwise re-examined in any court of
the United States, than according to the rules of common law.

ARTICLE VIII.

n J™??™,^1 8halJ n0t be re1uired> nor excesdv. fines imposed,
nor cruel and unusual punishments inflicted. F

ARTICLE IX.

The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

article x.

The powers not delegated to the United States by the Constitution ,
nor prohibited by it to the States, are reserved to the States respect
ively, or to the people.

ARTICLE XI.

The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against
one of the United States by citizens of another State, or by citizens or
subjects of any foreign State.

ARTICLE XII.

The electors shall meet in their respective States, and vote by ballot
for President and Vice President, one of whom, at least, shall not be an
inhabitant of the same State with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice President, and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the President of the
Senate; — the President of the Senate shall, in presence of the Senate
and House of Representatives, open all the certificates and the votes
shall then be counted; — the person having the greatest number of
votes for President, shall be the President, if such number be amajority
of the whole number of electors appointed; and if no person have
such majority, then from the persons having the highest numbers
not exceeding three on the list of those voted for as President, the
House of Representatives shall choose immediately, by ballot, the
President. But in choosing the President, the votes shall be taken
by States, the representation from each State having one vote; a
quorum for this purpose shall consist of a member or members from
two-thirds of the States, and a majority of all the States shall be
necessary to a choice. And if the House of Representatives shall
not choose a President whenever the right of choice shall devolve
upon them, before the fourth day of March next following, then the
Vice President shall act as President, as in the case of the death or
other constitutional disability of the President.

The person having the greatest number of votes as Vice President,
.-hall be the Vice President, if such number be a majority of the whole
number of electors appointed, and if no person have a majority, then
from the two highest numbers on the list, the Senate shall choose the
Vice President; a quorum for the purpose shall consist of two-thirds
of the whole number of Senators, and a majority of the whole number
shall be necessary to a choice.

But no person constitutionally ineligible to the office oi President
-hall be eligible to that of Vice President of the United States.

AN ACT

TO ESTABLISH A

TERRITORIAL GOVERNMENT

FOR UTAH.

Sec. 1 . Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in Congress as-
sembled, That all that part of the Territory of the United
States included within the following limits, to wit: boundedB#und4ry of
on the west by the State of California, on the north by theUtah Territory
Territory of Oregon, and on the east by the summit of the
Rocky Mountains, and on the south by the thirty-seventh
parallel of north latitude, be, and the same is hereby, crea-
ted into a temporary government, by the name of the Ter-
ritory of Utah; and when admitted as a State, the said Ter-
ritory, or any portion of the same, shall be received into
the Union, with or without slavery, as their Constitution
may prescribe at the time of their admission : Provided, Proviso.

That nothing in this act contained shall be construed to
inhibit the Government of the United States from dividing
said Territory into two or more Territories, in such manner
and at such times as Congress shall deem convenient and
proper, or from attaching any portion of said Territory to
any other State or Territory of the United States.

r.xecti%'e pow- Sec. 2. And be it further enacted, That the Executive
^ryestedina power and authority in and over said Territory of Utah,
.lutiea dehned.shall be vested in a Governor, who shall hold his office for
four years, and until his successor shall be appointed and
qualified, unless sooner removed by the President of the U-
nited States. The Governor shall reside within said Terri-
tory, shall be Commander-in-Chief of the Militia thereof,
shall perform the duties and receive the emoluments of Su-
perintendent of Indian Affairs, and shall approve all laws
passed by the Legislative Assembly before they shall take
effect; he may grant pardons for offences against the laws
of said Territory, and reprieves for offences against the
laws of the United States until the decision of the President
can be made known thereon; he shall commission all officers
who shall be appointed to office under the laws of the said
Territory, and shall take care that the laws be faithfully
executed.

Sec. 3. And be it further enacted, That there shall be a
autie^defined.Secrctary of said Territory, who shall reside therein, and
hold his office for four years, unless sooner removed by the
President of the United States; he shall record and pre-
serve all the laws and proceedings of the Legislative As-
sembly hereinafter constituted, and all the acts and pro-
ceedings of the Governor in his Executive department; he
shall transmit one copy of the laws and one copy of the Ex-
ecutive proceedings, on or before the first day of December
in each year, to the President of the United States, and at
the same time, two copies of the laws to the Speaker of the
House of Representatives, and the President of the Senate,
To act as Gov-for the use of Congress. And in case of the death, re-

*-rnor in certain ■■ • ,. ° ,-, i c j.-l„

contingencies, moval, resignation, or other necessary absence of the
Governor from the Territory, the Secretary shall have, and
he is hereby authorized and required to execute and per-
form all the powers and duties of the Governor during such
vacancy or necessary absence, or until another Governor
shall be duly appointed to fill such vacancy.

•29
Sec. 4. And he it farther enacted. That the LecrislativeLe«is,at[ve

i i • l i> • i m -i i n i_ i ■ power; how

power and authority or said ierntory, shall be vested invested.
the Governor and a Legislative Assembly. The Legisla-^ee[^j)s11yltI0,'^i:
tive Assembly shall consist of a Council and House of Rep-sist of a coun
resent&fcives. The Council shall consist of thirteen meai-JJ Repieatntn
bers, having the qualitications of voters as hereinafter pre-J»ve^
scribed, whose term of service shall continue two years.sistof i3mem
The House of Representatives shall consist of twenty- six^^aud hous"
members, possessing the same qualitications as prescribed
for members of the Council, and whose term of service
shall continue one year. An apportionment shall be made,
as nearly equal as practicable, among the several counties
or districts, for the election of the Council and House of
Representatives, giving to each section of the Territory
representation in the ratio of its population, Indians excep-
ted, as nearly as may be. And the members of the Coun-
cil and of the House of Representatives shall reside in, and
be inhabitants of, the district for which they may be elect-
ed respectively. Previous to the first election, the Gov-previou3 totii-
ernor shall cause a census or enumeration of the inhabi-first election -i

. , , . .... „ , n, census to be

t ants or the several counties and districts ot the ierntorytaken.
to be taken, and the first election shall be held at such time
and places, and be conducted in such manner as the Gov-
ernor shall appoint and direct; and he shall, at the same
time, declare the number of members of the Council and
House of Representatives to which each of the counties or
districts shall be entitled under this act. The number oL, ,. .

i-iii ii- ii-i Elections; him

persons authorized to be elected having the highest numberconiuct.-J.
of votes in each of said Council districts for members of the
Council, shall be declared by the Governor to be duly
elected to the Council; and the person or persons author-
ized to be elected having the highest number of votes for
the House of Representatives, equal to the number to which
each county or district shall be entitled, shall be declared
by the Governor to be duly elected members of the House
of Representatives : Provided, That in case of a tie be-Proriso.
tween two or more persons voted for, the Governor shall
order a new election to supply the vacancy made by such
a tie. And the persons thus elected to the Legislative
Assembly shall meet at such place, and on such day, as the
Governor shall appoint ; but, thereafter, the time, place,
and manner of holding and conducting all elections by the
people, and the apportioning the representation in the sev-
eral counties or districts to the Cniracil and House of Rep -
2*

resentatives, according to population, shall be prescribed
by law, as well as the day of the commencement of the
1 urthcrpro\iaoregular sessions of the Legislative Assembly : Provided,
That no one session shall exceed the term of forty days.

iiiaiif.cuiona Sec. 5. And be it further enacted, That every free white
0,1 '"' male inhabitant above the age of twenty-one years, who
shall have been a resident of said Territory at the time of
the passage of this act, shall be entitled to vote at the first
election, and shall be eligible to any office within the said
Territory ; but the qualifications of voters and of holding
office, at all subsequent elections, shall be such as shall be

Proviso. prescribed by the Legislative Assembly: Provided, That
the right of suffrage and of holding office shall be exer-
cised only by citizens of the United States, including those
recognised as citizens by the treaty with the Republic of
Mexico, concluded February second, eighteen hundred
and forty-eight.

illative Sec. 6. And be it further enacted, That the Legislative

power ofthe p0wer 0f said Territory shall extend to all rightful sub-
.■mtory e- jects 0f legislation, consistent with the Constitution of the
United States and the provisions of this act ; but no law
shall be passed interfering with the primary disposal of
the soil; no tax shall be imposed upon the property of the
United States ; nor shall the lands or other property of
non-residents be taxed higher than the lands or other pro-
perty of residents. All the laws passed by the Legislative
Assembly and Governor shall be submitted to the Congress
of the United States, and if disapproved shall be null and
• of no effect.

Hjwtownship, gEC_ 7 ^^ ie a farther enacted, That all Township,
count^'offiGersDistrict, and County officers, not herein otherwise provi-
de, to be ap- (je(j for> siiau be appointed or elected, as the case may be.
in such manner as shall be provided by the Governor and
Legislative Assembly ofthe Territory of Utah. The Go-
vernor shall nominate, and, by and with the advice and
consent of the Legislative Council, appoint all officers not
herein otherwise provided for; and in the first instance the
Governor alone may appoint all said officers who shall
hold their offices until the end of the first session of the
Legislative Assembly, and shall lay off the necessary dis-
tricts for members of the Council and House of Represen-
tatives, and all other offices.

Sec. 8. And be it further enacted, That no member of^*° mender .<
i he Legislative Assembly shall hold or be appointed to anyt>iy to'ho "a'n.v
office which shall have been created, or the salary or01?*,* cr«ateii

. '. ii-ii while he was a

emoluments of which shall have been increased while hemember, dur
was a member, during the term for which he was elected, LlfcUon^for
and for one year after the expiration of such term; and°ne year there

iii- • • • 1 . i ,i after. Officers

no person holding a commission or appointment under the0fu. s., except
United States, except postmasters, shall be a member ofP0,l'nasters-

i t • i • a li i ii i li tv i not to be mem

the Legislative Assembly, or shall hold any office underb«n of asscm
the Government of said Territory. b,y-

Sec. 9. And be it further enacted, That the Judicial pow-p0WPr,Jin 'CU
er of said Territory shall be vested in a Supreme Court, whom nested.
District Courts, Probate Courts, and in Justices of the«zcrcued.
J'eace. The Supreme Court shall consist of a Chief Jus-
lice and two Associate Justices, any two of whom shall
constitute a quorum, and who shall hold a term at the
scat of Government of said Territory annually, and they
shall hold their offices during the period of four years.
The said Territory shall be divided into three judiciaJ.DiBtr.ct eourtn
districts, and a district court shall be held in each of said
districts by one of the justices of the supreme court, at
Mich time and place as may be prescribed by law; and
the said judges shall, after their appointments, respective-
ly, reside in the districts which shall be assigned them.
The jurisdiction of the several courts herein provided for, jurisdiction of
both appelate and original, and that of the probate courts^ieG"r8ts0afntdhe15"
and of justices of the peace, shall be as limited by law:pcae», etc.'
Provided, That justices of the peace shall not have juris-Proviso
diction of any matter in controversy when the title or
boundaries of land may be in dispute, or where the debt
or sum claimed shall exceed one hundred dollars ; and
the said supreme and district courts respectively shall
possess chancery as well as common law jurisdiction.
Each district court, or the judge thereof, shall appoint its
clerk, who shall also be the register in chancery, and shallcierk.
keep his office at the place where the court may be held.
Writs of error, bills of exception, and appeals, shall be
allowed in all cases from the final decisions of said dis-
trict courts to the supreme court, under such regulations
as may be prescribed by law ; but in no case removed to
the supreme court shall trial by jury be allowed in said
court. The supreme court, or the justices thereof, shall
appoint its own clerk, and every clerk shall hold his office

at the pleasure of the court for which he shall have been
writs of errorapp0inre,]. Writs of error and appeals from the final de-
shaii be aiiowci non of said supreme court, shall be allowed, and may be
r,LLc- taken o the Supreme Court of the United States, in the

same manner and under the same regulations as from the
circui, courts of the United States, where the value of the
property or the amount in controversy, to be ascertained
by the oath or affirmation of either party, or other compe-
r.T. rpuons. iem w; nesSj shall exceed one thousand dollars, except only,
that in all cases involving title to slaves, the said writs of
error or appeals shall be allowed and decided by the said
supreme court, without regard to the value of the matter,
property, or title in controversy ; and except, also, that a
writ oi' error or appeal, shall also be allowed to the Su-
preme Court of the United States, from the decisions of
the said supreme court created by this act, or of any judge
thereof, or of the district courts created by this act, or of
any judge thereof, upon any writ of habeas corpus involv-
ing the question of personal freedom ; and each of the
said district courts shall have and exercise the same juris-
ciction in all cases arising under the Constitution and laws
of the United States as is vested in the circuit and district
courts of the United States ; and the said supreme and dis-
trict courts of the said Territory, and the respective judges
thereof, shall and may grant Avrits of habeas corpus in all
cases in which the same are granted by the judges of the
United States in the District of Columbia; and the first
six days of every term of said courts, or so much thereof
as shall be necessary, shall be appropriated to the trial of
causes arising under the said Constitution and laws ; and
writs of error and appeal, in all such cases, shall be made to
the supreme court of said Territory, the same as in other
r.p, of i'ierk.cases The said- clerk shall receive in all such cases the
same fees which the clerks of the district courts of Oregon
Territory now receive for similar services.

Mtonipy and Sec. 10. And be it further enacted, That there shall be
^"'anddatia^P0*11*6^ an attorne7 &* said Territory, who shall con-
tinue in office for four years, unless sooner removed by
(he President, and who shall receive the same fees and
salary as the attorney of the United States for the present
Territory of Oregon. There shall also be a marshal for
the Territory appointed, who shall hold his office for four
years, unless sooner removed by the President, and who

shall execute all processes issuing from the said courts,
when exercising their jurisdiction as circuit and district
courts of the United States : he shall perform the duties,
he subject to the same regulation and penalties, and be
entitled to the same fees as the marshall of the district
court of the United States for the present Territory of
Oregon ; and shall, in addition, be paid two hundred dol-
1 ars annually as a compensation for extra services.

Sec. 11. And be it further enacted, That _ the governor^ovw™,^-
secretary, chief justice and associate justices, attorney justice, and _as-
and marshal, shall be nominated, and, by and with the^a^U8^neQ'
advice and consent of the Senate, appointed by the Pre"ma"hal;'oi^
sident of the United States. The governor and secretary10 eaPP°"
to be appointed as aforesaid shall, before they act as such,
respectively, take an oath or affirmation, before the dis-
trict judge, or some justice of the peace in the limits of
said Territory, duly authorized to administer oaths and
affirmations by die laws now in force therein, or before
the chief justice or some associate justice of the Supreme
Court of the United States, to support the Constitution
of the United Stares, and faithfully to discharge the duties
of their respective offices ; which said oaths, when so taken,
shall be certified by the person by whom the same shall have
been taken, and such certificates shall be received and re-
corded by the said secretary among the executive proceed-
ings ; and the chief justice and associate justices, and all
other civil officers in said Territory, before they act as
such, shall take a like oath or affirmation, before the said
governor or secretary, or some judge or justice of the
peace of the Territory who may be duly commissioned
and qualified, which said oath or affirmation shall be cer-
tified and transmitted by the person taking the same, to
the secretary, to be by him recorded as aforesaid; and af-
terwards, the like oath or affirmation shall be taken, cer-
tified, and recorded, in such manner and form may be
prescribed by law, The Governor shall rtcer ,nnu-SMary of cov
al salary of fif een hundred dollars as governor, riidone
thousand dollar i as Superintendent of Indian Affairs. The
Chief Justice and Associate Justices shall each receive a^JJgJ^JS!
annual salary o- eighteen hundred dollars. The SecretarySOciat© justices
shall receive an annual salary of eighteen hundred dol-{JjJJ£ of sec
lars. The said salaries shall be paid quarter-yearly, at
the Treasury of the United States. The members of thecompensation

ot ii'rmbers ofLemSlative Assembly shall be entitled to receive three
Assembly. dollars each per day during their attendance at the ses-
sions thereof, and three dollars each for twenty miles'
travel, in going to and returning from the said sessions,
estimated according to the nearest usually traveled route,
contingent ex-There shall be appropriated annually the sum of one thou-
l'"(** pr0Vld"sand dollars, to be expended by the Governor to defray the
contingent expenses of the Territory. There shall also
be appropriated annually, a sufficient sum, to be expended
by the secretary of the Territory, and upon an estimate
to be made by the Secretary of the Treasury of the United
States, to defray the expenses of the Legislative Assembly,
the printing of the laws, and other incidental expenses ;
and the Secretary of the Territory shall annually account
to the Secretary of the Treasury of the United States
for the manner in which the aforesaid sum shall have been
expended.

Legislative As- Sec. 12. And be it further enacted, That the Legislative
si-raHyio hold Assembly of the Territory of Utah shall hold its tirst ses-
directeTby th'sion at such time and place in said Territory as the Gov-
oovemor. ernor thereof shall appoint and direct ; and at said first
session, or as soon thereafter as they shall deem expedi-
ent, the Governor and Legislative Assembly shall proceed
to locate and establish the seat of government for said
Territory, at such place as they may deem eligible ; which
place, however, shall thereafter be subject to be changed
by the said Governor and Legislative Assembly. And
the sum of twenty thousand dollars, out of any money in
the treasury not otherwise appropriated, is hereby appro-
priated and granted to said Territory of Utah to be ap-
plied by the Governor and Legislative Assembly to the
erection of suitable public buildings at the seat of govern-
ment.

k delegate to Sec. 13. And be it further enacted, That a Delegate to
ronSsSeodf tketlie House of Representatives of the United States to serve
<r s" during each Congress of the United States, may be elec-

ted by the voters qualified to elect members of the Legis-
lative Assembly, who shall be entitled to the same rights
and privileges as are exercised and enjoyed by the dele-
gates from the several other Territories of the United
States to the said House of Representatives. The first
election shall be held at such time and places, and be con-

ducted in such manner, as the Governor shall appoint and
direct ; and at all subsequent elections, the times, places,
and manner of holding the elections shall be prescribed
by law. The person having the greatest number of votes
shall be declared by the Governor to be duly elected, and
a certificate thereof shall be given accordingly : Provided, Proviso.
That said delegate shall receive no higher sum for mileage
than is allowed by law to the delegate from Oregon.

Sec. 14. And be it further enacted, That the sum ofAppropriation
five thousand dollars be, and the same is hereby, appro-^1^6^" ,,
priated out of any moneys in the Treasury not otherwisebrary.
appropriated, to be expended by and under the direction
of the said Governor of the Territory of Utah, in the pur-
chase of a library, to be kept at the seat of government for
the use of the Governor, Legislative Assembly, Judges of
the Supreme Court, Secretary, Marshal, and Attorney of
said Territory, and such other persons, and under such
regulations as shall be prescribed by law.

Sec. 15. And be it further enacted, That when the landsLands to be
in said Territory shall be surveyed under the direction offurvey'?' ho^

,_, /•i*-T-iOi . . to bp disposed

the (jrovernment ot the united btates, preparatory to brmg-»f
ing the same into market, sections numbered sixteen and
thirty-six in each township in said Territory shall be, and
the same are hereby, reserved for the purpose of being
applied to schools in said Territory, and in the States and
Territories hereafter to be erected out of the same.

Sec. 16. And be it further enacted, That temporarily, andJufliciai district
until otherwise provided by law, the Governor of said- howd,,fincd'
Territory may define the judicial districts of said Territo-
ry, and assign the Judges who may be appointed for said
Territory to the several districts, and also appoint the
times and places for holding Courts in the several coun-
ties or subdivisions in each of said judicial districts, by
proclamation to be issued by him ; but the Legislative
Assembly, at their first or any subsequent session, may
organize, alter, or modify such judicial districts, and as-
sign the Judges, and alter the times and places of holding
the Courts, as to them shall seem proper and convenient.

Sec. 17. And be it further enacted, That the Constitu-Tho constim

ofttTu. s™otion and laws of the United States are hereby extended
extend over'theover and declared to be in force in said Territory of Utah,
Territory of u-fi0 far as the sam6j Qr any provision thereof, may be ap-
plicable.

Approved September 9, 1850.

AN ACT CONCERNING THE JUDICIARY, AND
FOR JUDICIAL PURPOSES.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That the first JudicialJudicial dig
District for said Territory, shall consist of, and embracetricts define
the following Counties and Districts of country, to wit: —
Great Salt Lake, Davis, Weber, Tooele, and Utah Coun-
ties, and all districts of country, lying east, north, and
west of said Counties in said Territory. The second Ju-
dicial District shall consist of Millard and San-pete Coun-
ties, and all Districts of country, lying south of the south
line of latitude of Utah County, and north of the south
line of latitude of Millard County, within said Territory.
And the third Judicial District shall consist of Iron Coun-
ty, and all districts of country, lying south of the south
line of latitude cf Millard County in said Territory.

Sec. 2. The Honorable Zerwbbabel Snow, Associate
Justice of the Supreme Court of the United States for the
Territory of Utah, shall reside within the first Judicial
District, and hold Courts in the following order, viz: onTirae
the first Monday in January and July at Great Salt Lakeing district
City; on the first Monday of April at Ogden City in We-ggyjjjjg
ber County; and on the first Monday of October at Provo
City in Utah County, in each year: Provided, The said
Zerubbabel Snow, Associate Justice, shall hold his first
Court on the first Monday of October in the year eighteen
hundred and fifty one, at Great Salt Lake City, and omit
said Court, during said year at Provo in Utah County.

Sec. 3. The Honorable Zerubbabel Snow, is hereby
authorized and required to hold two Courts in the second
Judicial District in each year, to wit: on the first Mou-Time of hold
day of November at Manti, in San Pete County; and ong"fcncd"r.r
the first Monday in May at Fillmore, in Millard County, district.

Sec. 4. The Honorable Zerubbabel Snow is further
authorized and required to hold one Court for the third
Judicial District, viz: on the first Monday in June oi eachTime or hold
year, at Parowan City in Iron County; and each session^m In third."-
of said Court in its several districts shall be kept open at0ici*> district.
least one week, and may adjourn to any other place in
each of said districts respectively: Provided. The Dusiness
of said Court, shall so require.
3

Sec. 5. The foregoing acts are, and shall be in force
until a full Bench of the Supreme Court of the United
States for the Territory of Utah, shall be supplied by the
President and Senate of the United States, after which
the said Zerubbabel Snow shall serve only in the first
Judicial District.

Approved Oct. 4, 1851.

AN ACT IN RELATION TO THE JUDICIARY.

Sec. 1 . Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That the Judicial Districts
and the terms of the District Courts therein, respectively,
shall remain as at present fixed until otherwise directed:
, ..Provided, The Judge of the District mav hold special

Jinlnornav hold ' . » . « ,. . "

5] ei iai trims, term or terms in any other County m such district at such
times and places as the press of Judicial business shall
require.

jurisdiction k. Sec. 2. The District Courts shall exercise original ju-
^/'^risdiction, both in civil and criminal cases, and as well in
Chancery as at Common Law, when not otherwise provi-
ded by law. They shall also have a general supervision
over all inferior Courts, to prevent and correct abuses
where no other remedy is provided.

Sec. 3. The Sheriff of the County, wherein the Court
attend 'session^ held, together with all necessary assistants must attend
,i roans. upon the sessions of the Court ; if required.

Sec. 4. The Clerk of each District or County, shall
Record of thekeep a record 0f the proceedings of the Court, under the
direction of the Judge. He shall, from time to time,
read over all entries therein in open Court, which, when
correct, shall be signed by the Judge. Entries made in
vacation shall be read and approved at the next term of
the Court. The record is under the control of the Court,
and may be amended, or any entries therein expunged at
any time during the term of the Court at which it is
made, or before it is signed by the Judge as aforesaid; but

entries made, approved, and signed by the Judge, cannot
be altered only to correct an evident mistake.

Sec. 5. The Judges of the District Courts, respective-judcrsti.ieport
ly, shall report to the Legislature at each regular session10 legislature
thereof, all omissions, discrepancies, or other evident im-
perfections of the law which have fallen under their ob-
servation.

Sec 6. The Judges of the Court may report their^ecidiciis &<•..,
own decisions, or they may appoint a reporter who shallthe clerk of'"'
hold his office at the pleasure of the Court, and all deci-c#urt-
sions or opinions, and all questions received on appeal, as
well as motions, collateral questions, and points of prac-
tice, as they may think of sufficient importance, shall be
reduced to writing and filed with the Clerk of the Court.

Sec 7. Each of the Clerks must keep a complete reg-«k-rk toXtepi
ister of all proceedings of the Court with an index to therps'ster-
same ; and generally, they must perform all the other
duties ordinarily pertaining to their offices.

Sec. 8. The said Courts may adopt all such rules as^, ,
they may deem expedient, consistent with the law, theadopt rule*
prime object of which shall be to carry out the purposes
of the statutes, and to subserve the ends of justice, dis-
pensing with all needless forms, and ' disregarding andTerh»i;";»I,t'«'>
abridging all technical pleadings with a view to the attain""
rnent of justice: all technical forms of actions and plead-
ings are hereby abolished.

Sec. 9. Any pleading which possesses the followinorWhllt p',1!3?

• •. i 11 l i i rr- ■ j -n- ^ Oings shall bo

requisites shall be deemed sufficient, .birst, when to thedeemcdsufYi-
i-ommon understanding it conveys a reasonable certainty c>enl'
of meaning. Second, when by a fair and natural con-
struction, it shows a substantial cause of action or de-
fence. If defective in the first above particulars, the
Court shall direct a more specific statement. If in the
latter, it is ground of demurrer ; demurrers for formalI)emurrt'r
defects are abolished, those for substantial defects must
•*et forth the true ground of objection to the pleading de-
murred to, upon the determination of any demurrer, the
party failing, may demend, or plead upon such terms as
the Court deems just, or as it may by general rule pre-
scribe.

Amendments. gEC- \q Immaterialvar iancies, errors, or defects, mav
be disregarded, or the Court may direct an amendment
with, or without costs. No variance, error, or defect
shall be deemed material, unless the Court is satisfied that
the objecting party will be prejudiced by disregarding it.
or by allowing it to be amended. The Court may ailo^v
material amendments at any stage of the proceedings upon

Acopyofaiostsuch terms, and subject to such rules as it may prescribe.

i -ed'insteadbf^^ an oriS^na^ pleading or paper be lost, or withheld bv

the original, any person, the Court may authorize a copy thereof to
be filed and used instead of the original.

Ryconsentany Sec. 11. By the consent of the Court and the parties
?tjudgenay attany person may be selected to act as Judge for the trial
of any particular cause or question ; and while thus act
ing he shall possess all the powers of the District Jud^gv
in the case.

Nonsuit.

Sec. 12. The plaintiff cannot take a non-suit without

the consent of the defendant, after the latter has claimed

Dismissal. a set-off; but he may dismiss his cause of action, leaving

the defendant to proceed on his set off in the capacity ot'

withdrawal ofplaintiff, either may withdraw his claim at any time befort-
L'laim. ii ,. , , J , c, J

the jury retire but not after.

Sec. 13. Costs may be apportioned to either party, or
apportioned between them, as shall be deemed equitable
by the Court.

Sec. 14. When a judgment is set aside or satisfied by
iVutivetojuag-execution or otherwise, the Clerk shall enter a memoi
"!<m!- andum thereof in the column left for that purpose, in tb-

judgment docket.

Sec. 15. Parties to a question in difference which migh
Parses may be the subject of a civil action, may present an. agreed

present on a- J , . J A ± i - -

greed state- statement of the facts thereof, to any Court having juris-
!,,en;- d'ction of the subject matter.

the subject "* Sec 16. It must be shown by affidavit, that the sub

matter is real. ject matter is real, and that the proceeding is in good faith

to determine the rights of the parties thereto.

Sec. 17. The Court must thereupon hear and det ermiBe

the case, and the judgment rendered thereon will be the

same in all respects as though suit had heen brought mjg^
the regular manner, and will be followed by the same con-
sequences.

Sec. 18. All Judicial proceedings must be public un-To be puWjc
less otherwise specially provided by statute, or otherwise
agreed upon by the parties.

Sec. 19. The Judge or Justice shall not be disquali-Interesj &c no
lied in consequence of interest, consanguinity, or other-disquaiifica
wise, unless objected to previous to the parties joining is-jU°dnge. *
sue, and introducing testimony.

Sec. 20. The Court shall have power to punish by fine, contempts &c.
or imprisonment, or both, at their discretion, for contempts, °daJyb|P™^h
or any wilful disturbing, calculated to interrupt the dueimprisoamem.
course of its official proceedings, or which may tend to
impair the respect due to its authority.

Sec. 21. Public buildings owned by the Territory orpubiic build
any County, City School District, Ward, University, Qr^wSoH
Religious society, and burying grounds, are exempt from
(execution.

Sec. 22. The following property of individuals is alsoExempt from
exempt from execution: all wearing apparel kept for actual«xecution.
use and suitable to the condition of the party, and trunks,
and other receptacles to contain the same, one musket, or
rifle, and accoutrements, and ammunition required for one
hundred charges of loading; the proper tools, instruments,
or books of any farmer, mechanic, surveyor, physician,
teacher, or professor; the horse or team, and wagon, or
other vehicle with the proper harness or tackle by the use
of which any physician, public officer,* farmer, teamster,
or other laborer habitually earns his living; all libraries,
family books, portraits and paintings, any interest owned
by the debtor or his parents, in one house of public wor-
ship, school house or burying ground. If the debtor is
head of a family, there is further exempt, one cow and
calf for every three persons in the family, one horse, fifty
sheep and the wool therefrom, five hogs and all pigs under
six months old, the necessary food for all animals, for
sixty days exempt from execution; all flax raised by the
defendant, and the manufactures therefrom; one bedstead
and the "necessary bed and bedding for every two in the fan>

ily; all cloth manufactured in the family of the defendant, 01
by the defendant; household and kitchen furniture not
exceeding one hundred dollars in value; all spinning
wheels, and looms, and other instruments of domestic
labor, kept for actual use; and the necessary provisions
and fuel for the use of the family for six months; said
term family does not include strangers or boarders. The
earnings of such debtor for his personal services, or thost-
of his family at any time within ninety days next preced-
ing the levy, are also exempt from execution or attach ■
ment.

itionsnot ^ec. ^3- None of the exemptions herein made are in
mewled/or tended for the benefit of non-residents; but their proper -
"r '"hf ^c'!e wLty is liable to execution, with the exception of the ordinary
..re about to de-Wearing apparel; but any person coming within the Ter-
ritory with the intention of remaining, is a resident with
in the meaning of this act, and nothing herein shall be s< •
construed as to exempt the property of any transient per-
son, or persons about to depart from the Territory or coun-
ty, with the intention of removing their effects therefrom

Sec. 24. There shall be a Judge of Probate in each
.lu.ise of pro-County within the Territory, whose jurisdiction within his
rouaty •lected Court in all cases, arises within their respective Counties
by the "s.=cm-under the laws of the Territory ; said Judge shall be elec-
ted by the joint vote of the Legislative Assembly, and
commissioned , by the Governor; they shall hold their
offices for the term of four years, and until their suc-
cessors are elected and qualified. They shall be qualified
and sworn by any person authorized to administer oaths,
and give bonds and security in the sum of not less than
ten thousand dollars, to be approved by the Clerk of the
District court or4he Judge thereof, and filed in his office.

Sec. 25. In case of a vacancy occurring in the office
Governor may0f tne juc|ge 0f Probate, the Governor may appoint and fill
such vacancy until the next succeeding Legtslative As-
sembly, or some subsequent one, shall elect one ; said
Judge of Probate so appointed shall qualify and give bond
as above provided.

Sec. 26. The Probate Court shall be considered in

Regular sea- iaw ag aiwayS 0pen ; but for the transaction of business

requiring notice, the Judge shall hold regular sessions on

the second Mondays of March, June, September and De-
cember of each year, and shall continue at each session
one week, or until the business ready for trial shall be
disposed of.

Sec 27. When the District Court is to sit in a CountyTime of hold
on any of the days appointed in the preceding section for^fybe 'altered
the sessions of the Probate Court, the latter shall be heldincert«»"il^'
on the Monday preceding, and when the Judge is requir-
ed by law to perform any duty which takes him from the
County, on one of the appointed days, the session of the
Court shall be holden on the following Monday, or such
day as the Judge may appoint.

Sec. 28. The Judge of Probate has jurisdiction of theJurisdiction of
Probate of Wills, the administration of the estates of de-p^^te.86 '
ceased persons, and of the guardianship of minors, idiots
and insane persons.

Sec. 29. The Probate records shall be kept in booksProbate &< -.., •■:■
separate from those of the other business of the Court.

Sec. 30. The several Probate Courts in their respec-P°wers of the

.• /-* ,. ■■ • • • i • • j. probate courts.

tive Counties, have power to exercise original jurisdic-
tion both civil and criminal, and as well in Chancery as at
Common law, when not prohibited by Legislative enact-
ment ; and they shall be governed in all respects by the
same general rules and regulations as regards practice as
the District Courts.

Sec. 31. Appeals are allowed from all decrees or de-^ppeais.
cisions of the Probate to the District Courts, except when
otherwise expressed on the merit of any matter affecting
the rights or interests of individuals, the appeal shall be
taken within thirty days from the day on which the decision
was made, and shall be taken by claiming the appeal and
filing, in the clerk of the Probate Courts office, a bond
with one or more sureties and a penal sum to be approv-
ed by the Probate Judge or Clerk ; said bond shall be
conditioned, that said appellant will prosecute the appeal
with effect ; that if the appeal be dismissed or the judg-th^appeaK"'
ment below affirmed, he will comply with the judgment,
and orders made by the Court below, and that he will
pay all costs, and sums of money that may be adjudged
against him in the Court appealed to, and will comply

with the orders of that Court, the appeal shall be taken
to the next term of the District Court in the County, or
next nearest County, where the same shall be holden,
if there be ten days between the day when the judgment
was rendered, and the day of the sitting of the District
Court.

Time in which

DfttoSSi. Sec- 32- Within twenty days from the day of the ap-
ings must be peal, and within five days in the case mentioned in the last
paragraph of the preceding section, the Clerk of the Pro-
bate Court is required to file a transcript of the proceed-
ings in the matter in which the appeal is taken, authenti-
cated by the seal of the Probate Court with the Clerk of
the District Court, wbo shall enter the same among the
cases pending in that Court. Transcripts of the records
and copies of the papers pertaining to the Probate Court,
may be certified and signed by either the Clerk or the
Judge.

Sec. 33. The Probate Judges in their respective Coun-
ties shall appoint a Clerk, who shall keep his office at the
County seat, and who shall attend all sessions of the Pro-
bate Court, as also sessions of the county court, for the
cierk to keep transaction of County business. It shall be the duty of the
Clerk of the Probate Court, to keep a full and true record
of all the proceedings in the Probate Court in session, enter-
ing distinctly each step in the progress of any proceedings;
but such record shall be equally valid if made by the
Judge.

Clerks of dis- °

uict and pro-
bate to report gECi 34, The Clerks of the District Courts and of the

secretary of thgProbate Courts respectively, are hereby required to report
Territory. ^ ^e Secretary of the Territory, on or before the first
Monday of November of each year, the number of con-
victions for all crime, and misdemeanors, in their respec-
tive Courts, for the year preceding such report, shall
show the character of the offence, and the sentence of pun-
ishment, the occupation of the convict, whether he can
read or write, and his general habits, and also the ex-
penses of the County for criminal prosecution during the
year, including but distinguishing the compensation of the
Prosecuting Attorney. The Clerks aforesaid shall also
forward to the Secretary, copies of all reports made, of
decisions, and opinions, which shall be reported, or filed
in his office.

Sec 35- The Probate Judge in connection with the se-
ect men, is hereby invested with the usual powers and
jurisdiction of County Commissioners, and with such other
powers and jurisdiction as are conferred by law, and in
this connection, they shall be known as the County Court.Couilty coun
The Clerk of the Probate Court shall be the Clerk of this^^
Court, shall keep his office at the County Seat, and shall
attend by himself, or deputy, all sessions of the Court,
keep the records, papers, and seal of the Court. The
office of the County Court is to be kept open for business
at all usual times.

Sec 36. This Court is authorized and required to take
the management of all county business, and the care andnuUw of coun
custody of all the county property, except such as is by
him placed in the custody of another, and shall have the
control of all books, papers, and instruments pertaining to
their office; said Court shall audit all claims against the
County; draw and seal with the County seal, all warrants
or orders on the Treasurer for money to be paid out of
the County Treasury, shall audit and settle the accounts
of the Treasurer, and those of any other collector or re-
ceiver of County revenue, taxes, or incomes payable into
the County Treasury, and those of any person entrusted
to expend any money of the County, and to require them
to render their accounts as directed by law.

Sec. 37. Said Court shall keep a book to be known as
the County book, in which shall be recorded all orders
and decisions made by them, except those relating to roads
and Probate affairs, and in which, orders for the allowance
of money from the County Treasury shall state on what
account, and to whom the allowance is made, dating and
numbering the drawing on the Treasury each order, and
said Court are to superintend the fiscal affairs of the
County, and secure their management in the best possible
manner.

Sec 38. The County Court shall also keep a separateBookforbon<R
book for the entries of all proceedings and adjudications to
the establishment, change, or discontinuance of bonds;Boot on pro
and also separate books for Probate business. They shallbate business.
keep an account of the receipts and expenditures of theCoun'ty re
County, and on the first Monday of May annually, cause^j* ™d_.«
a minute statement of them for the preceding year to be

made, with an account of all debts payable to, and by the
County, and the assets of the County; have a copy of the
same posted up, one at the County seat at the usual place
of holding Courts, and at each of two other public places
in the County; and shall cause the original to be filed in
their office.

i ounty court Sec. 39. The County Court has the control of all tim
c'lmto'&c! °f ber' wa.ter privileges, or any water course or creek, to
grant mill sites, and exercise such powers as in their judg-
ment shall best preserve the timber, and subserve the in-
terest of the settlements, in the distribution of water for
irrigation, or other purposes. All grants, or rights, held
under Legislative authority, shall not be interfered with.

Sec. 40. The Judge of Prolbate, in connection with any
Quorum. two of the Select men, shall constitute a quorum, to do
business; and the Select men may transact business sepa-
rately throughout the County, relating to the poor, insane,
orphans, minors, or other important business, requiring
immediate attention; business so transacted shall be re-
ported at their next subsequent session, and approved by
the Court before becoming a matter of record. The Select
men may also hold session in the absence of the Judge of
Probate.

Sec. 41. The County Court shall district their respet-
Precmcts, &c. ^ye counties into road districts, precincts, school districts,
or such other sub-divisions as may become necessary or
proper, locate sites for public buildings, and erect the
same; select Grand and Petit Jurors for their respective
Counties, and generally do, and perform, all such duties,
as shall be required by the nature of their office, and as
shall be required by law.

Sec. 42. The County Court shall hold sessions twice a
year, to wit: on the third Mondays of March and Septem-
ber, and oftener if they shall deem it necessary. They
have authority to determine the amount of tax to be levied
for County purposes, and provide for the collection of the
same.

Sec. 43. Whenever it shall become necessary to extend
the credit of the County for the purpose of erecting public
buildings, building bridges, and working roads, which may

Select jurors.

Two sessions
annually.

call for any extraordinary expenditure, the County Court
may submit the question to the people for their decision
by fairly and explicitly stating the question, the amount
of funds proposed to be raised, and the manner of raisingHow funds
them, whether by tax or otherwise ; said question whenma> bc ia,s< '
thus submitted, shall be voted upon by the people of the
County at some regular election, previous notice having
been given in regard to said question in the same manner
as required in giving notice of elections; and the decision
of the people shall be the law so far as regards that par-
ticular question. If there should be an excess of funds
thus raised for any particular purpose, the surplus may
be paid into the County Treasury for County purposes.

Sec. 44. The Judges of the District and Probate Courfsconservatoi
shall be conservators of the peace in their respective Dis-ofthePeace
tricts and Counties, throughout the Territory, and it is
their duty to use all diligence and influence in their power
to prevent litigation.

Sec. 45. Any matter involving litigation may be refer-Arbitra
ed to arbitrators, or referees, who may be chosen by the
parties, or selected by the Court, as the parties shall elect;
all such arbitrators have authority to subpoena witnesses,
administer oaths, or affirmations, and issue process as the
Court. And when they shall have made their decision, Report .u <i<-
shall report the case, if necessary to enforce the same, toCiSlons-
the Clerk of the County in Avhich the case has arisen, or
when the case has not arisen in any Court, to the Clerk of
the Probate Court; and it shall be the duty of the Clerk
in whose office any such decision has been filed, to make
a record thereof, and proceed in the same manner, as if
the case had been prosecuted and decided in the usual
manner.

Sec. 46. The Select men shall appoint a Supervisor orgu pervisorg.
Supervisors for their respective Counties, who, under their
directions shall collect and apply the Poll Tax, in theirp0n ta<:.
respective Districts, and make return to the Select men,
on or before the first day of February annually.

Sec. 47. Select men and Supervisors, shall be governedDutiesof tu-
rn the discharge of their duties as prescribed for CoiiBfopenrisor8>fcc
Commissioners and Supervisors (so iar as the same shall

be applicable) in an Ordinance in relation to Road Tax
and Supervisors.

Approved, February 4, 1852.

AN ACT IN RELATION TO JUSTICES OF THE
PEACE.

■ >ne justice & Sec. 1 . Be it enacted by the Governor and Legislative As-

''"eac0hnd\sne semhly °fthc Territory of Utah, That each Precinct in this

irict. Territory shall elect one Justice of the Peace, and one

.Constable, and the same may be increased in any Precinct

by the County Court, whenever they shall deem that the

public good requires it.

unices to give ^EC- 2. Each Justice of the Peace shall take an oath

bonds of $iooe.0f office and give bond with approved securities, in the sum

of one thousand dollars, which bond shall be approved by

the County Court, and filed in the Clerk's office ; said

£0iye£fflce Justices and Constables shall hold their offices for the

term of two years, and until their successors are elected

i ommissioned and qualified, and they shall be commissioned by the

'the Gov. Governor.

Duties ofthe Sec. 3. It shall be the duty of every Justice of the Peace
',^eofthe to examine strictly and faithfully into the merits and de-
merits of all civil and criminal cases which may come be-
fore him, and execute justice without respect to persons,
or favor, or the technicalities ofthe law, preserve the pub-
lic peace; sit in judgment in all cases refered to him, and
keep a true record of all proceedings laid before him, and
in case of appeal, transmit a copy of the same to the Clerk
of the Court to which the appeal is made within five days
from the time the appeal is taken.

.Jurisdiction of ®EC- ^- Justices ofthe Peace have jurisdiction overall
.usticesofihe cases where the amount in controversy does not exceed
one hundred dollars; and when the amount claimed ex-
ceeds that sum, but by fair credits may be reduced to that
amount, Justices may decide cases without process ; but
if it shall become necessary to enforce such decisions,they

shall enter such cases so decided, upon their dockets, and
proceed as in other cases. Justices of the Peace in their
respective Counties, have jurisdiction of, and may try,
hear, and determine public offences, where the punish-
ment imposed by law, does not exceed one hundred dol-
lars fine, or imprisonment does not exceed six months, or
when the punishment is by both such fine and imprison-
ment.

Sec. 5. Criminal actions for the commission of publicCriminai ■*
offences may be commenced before a Justice of the Peace, cnmmencedV
by information, subscribed and sworn to, and filed withfore aJust" '
the Justice; the Justice must file such information and note
the time of filing.

Sec. 6. Immediately upon the filing of such informa-f"*1^!;,^ \
tion, the Justice may in his discretion issue his warrantee served an}
directed to any Sheriff, Constable, or peace officer, for^eeTel;^i'.'H
the ai*rest of the defendant, and such warrant may be ser-
ved in any county or district within the Territory.

Sec. 7. The officer who receives the warrant must servecriminai to u«
the same by arresting the defendant if in his power, andb1rou&ht /
bringing him without unnecessary delay, before the Jus -b^e? thenar
tice who issued the same. rant-

Sec. 8. If the defendant do not demand a trial by jury,
the Magistrates must proceed to try the issue: in case a
jury be demanded, the Justice shall cause a jury of sixJur>r o! r
men having the qualifications of Jurors, inhabitants of Ihe
County to be empannelled, who being duly sworn or af-
firmed, shall constitute the jury. No challenge to the pan-
nel is allowed ; but the prosecutor and defendant may each
challenge for cause ; and the defendant may be allowed
the pre-emptory challenge of three Jurors : a further num-
ber of Jurors shall be summoned to fill up, as the jury
shall be exhausted by challenges.

Sec. 9. The verdict of the jury shall be entered upon the
Magistrate's docket, and the Magistrate must render judg-
ment thereon of fine, or imprisonment, or both, as the case^^™6"* *'*;
may require ; and when a fine is assessed, the Justice maypnsonmon;.
direct that the defendant be also imprisoned until the finejis ct
satisfied : Provided, That the Magistrate may hire out said
defendant to service until the fine is paid. If the defend-

ant be acquitted by either the Justice or jury, he must be
immediately discharged.

justice tn make Sec. 10. Within twenty days after any such convic-
<ut certificate, tion, the Justice shall make out a certificate in which he
shall briefly state the offence charged, the conviction and
judgment thereon, and if any fine has been collected, the
amount thereof, and file the same in the Judge of Pro-
|'n';^e0^P^bate's office. All fines collected either by Justice, Sher-
neasury. iff, Constable or other officer, shall be paid into the Coun-
ty Treasury within ninety days after the same have been
collected.

Sec. 1 1 . Upon the affidavit being filed, in which the

alleged errors, of the proceedings are stated, and that the

affiant verily believes injustice has been done, the Justice

*r" ^'"^"shall grant an appeal to the Court of Probate of the Coun-

ase of an ap- _. ° 1 J

peal. ".fey, and shall take a written undertaking from the de-

fendant, with two or more sureties, and shall cause all
material witnesses to enter into recognizance, to appear at
the time and place of trial, and return all such papers to-
gether with a certified copy of entries on his docket, on 01
before the first term of the Probate Court next to be hold-
en, which return and papers shall be filed in the Clerk's
office of the Probate Court.

Sec. 12. It shall be the duty of the Probate Court, tc
h7'iv!bTtcS'0fhear and determine the said appeal in the same manner as
court on appcaian issue of fact upon an indictment.

Sec. 13. The jurisdiction of Justices extends to the
Jurisdiction oflimits of their respective Counties, and within that limit,

justices ex- . .r ' . '

tends through-it extends to all civil cases (except where the question 01
^ctiyecoun-8^e to> an(* boundaries of land may arise) when the
tie*.- amount in controversy does not exceed one hundred dol-

lars, and by the wish and consent of parties may be ex-
tended to any amount: Provided, That where the amount
in controversy exceeds one hundred dollars, the Justice
.lust'.-eniayactshall have the same powers as other Courts of arbitration,
arbitration! and shall have power to enforce his decision thereon,
which decision shall be an end of controversy ; but all
ivherc suits suits shall be brought in the precinct where the defend-
■lence. m ant resides, Provided, If payment is agreed to be made in
any particular place, the suit may be brought in that place
if within the Countv ; and, Provided also, If the defend-

ant does not reside in the Territory nor County, suit may
be commenced in any place in this Territory, wherever
he may be found.

Sec. 14. The parties in any action before a Justice of„ ..

i t-» i n * i- n i • i i i • i ,. Parties to com -

the Peace shall combine all their demands, which are of abine ail their
nature to be consolidated in one action, or defence ; andfee™themorfor
for a failure so to do shall forfeit the right of any remedy
at law for their recovery ; and the defendant may at anyiiow proceed
time pay the demand against him, and cost, thus far ac_ingsmay,;eas<'
rued, either to the Justice or officer having the process,
whereupon proceedings shall cease.

Sec. 15. Before any party before a Justice is entitled
to a jury, the party demanding the jury shall deposit theFees of the ■
fees, to which they will be entitled ; and the same shall bery.
included in the judgment as part of the costs to be receiv-
ed if adjudged against the party who did not advance
them.

Sec. 16. All records, dockets and papers pertaining to
• the office of any Justice of the Peace, must be trans -J/ record/,' &'<•
mitted to his successor in office ; and such successor may
issue execution, and act in any case so transmitted, the
same as if the case had been commenced before him ; and
m rase of any disability or necessary absence of the Justice
at the time fixed for trial or proceeding, any other Jus-
tice of the Precinct may at his request, attend and transactBusines? ma.
the business for him without any transfer of the business^ transferred'
t - another office.

Sec. 17. The Justice may in writing, depute any dis-justice may aP
erect person to act as Constable, when no Constable" is atP^j1^ /:' '
hand, and the nature of the business shall require imme-constabie whe«
diate attention. necessary.

.as coroner.

Sec. 18, Any Justice of the Peace may officiate asJ"stice may
<N>ronor when occasion may require, by holding inquest3""'
upon the bodies of such persons as may be found dead,
or may have died suddenly, or by violence, or in any
manner that may create suspicion of crime; it shall be
his duty to take in writing the evidences that may be ad-
duced in such cases, also his own decision thereon, the
names of several persons present at the investigation, and
filp the same in the clerk of Probate's office ; and he

shall have authority to summon to his assistance, such
persons as he may deem necessary to hold such inquest.
and dispose of, or inter said body as he shall think pro-
per.

oxatiousiaw- Sec. 19. It shall be the duty of each and every Jus
'"^ho^'d's-tice ot the Peace, to punish by fine, not exceeding one
hundred dollars, at his discretion, any person or persons
who shall bring before him a vexatious lawsuit through
malice, or private pique, against the defendant, all fines
so collected shall be paid into the county Treasury.
Approved Feb. 4, 1852.

(insert i>f.

Three select
men.

AN ACT CREATING THE OFFICE OF SELECT
MEN AND PRESCRIBING THEIR DUTIES.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That there shall be elec-
ted in each organized county at the next August election,
three Select men, whose term of office shall be three years,
as follows, to wit: the Senior shall hold his office three
years ; the second two years, and the Junior one year ;
and thereafter one shall be elected each year, who
shail hold his office for the term of three years, and until
his successor is elected and qualified.

Select me* to Sec. 2. Said Select men shall be sworn before the

onds. clerk of the Probate court, and give such bonds as the

clerk shall approve, and the same shall be filled in the

clerk's office, who shall give them a certificate of office.

under the seal of the Probate court.

Sec. 3. It shall be the duty of the Select men within their

select men torespective counties, in connection with the Probate Court,

poor. to oversee the poor residing in said county, and provide

for their maintenance, to take the care, custody, and man-

?nsane personsagement of insane persons residing in said county, who

are incapable of conducting their own affairs, and of their

estate both real and personal, and to provide for the safe

keeping of such insane persons, their maintenance and

the maintenance of their families, and the education of their

children. The Select men shall also have authority to
bind out orphan children, and vicious, idle, or vagrantorphan child
children, or such minors until they shall attain the age ofren-
legal majority. The Select men shall have power to ap-
point guardians for minors avIio are orphans, for the per-Guardia»f>
sons and property of the insane where they shall be found
incapable of managing their own affairs, and generally toProbate courts
do and perform all other duties pertaining to their office as^ne? Tutie"
shall be required by law, or by the Probate Courts in theirof selecl mon
respective counties.

Sec. 4. Said Select men shall keep a record of all their^1^^^,'1,;
proceedings, and return a copy thereof to the county court,
at each of their regular sessions, as also a true report of
the affairs and situation of the poor or destitute and insane
within their respective counties, and make such sugges-
tions and recommendations as to them shall appear neces-
sary for the action of the court.

Sec. 5. Any person being an elector is eligible to theWhoare eIJM_
office of Select men without regard to any other office ofwe to ©flier of
which he may be the incumbent, except such as are pro-se
hibited by the Organic Act.

Approved Feb. 5th, 1852.

AX ACT REGULATING- THE PRACTICE OF THE
SEVERAL COURTS IN UTAH TERRITORY IN
CIVIL SUITS.

Sec. 1 . Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That if any person or per-
sons commence a suit in any of the courts in this Territory,
it shall be his, her, or their duty to file his, her, or their Accounts «,-.,
note, or book accounts, or for damage or trespass as the0atheofp!aintin"
case may be, with said court, and state the facts in rela-
tion to the same on oath or affirmation, to be recorded by
the court for the examination of the adverse party.

Sec. 2. It shall be required of the defendant, to fileDefendanf t0
his, her, or their claim, or set-off, if any they have, withfile a set-off on
4

uath. tjie court before joining issue, on oath or affirmation in re-

lation to the facts in the case.

Sec. 3. That in all suits, either party have a right to

Adverse party „ . . . ' ' , . , r . J , e> "

ii.ay ke «aiied call on the adverse party lor their testimony, the same as

on as witness. other witnesses.

Sec. 4. It shall be required of all persons going to

^,la!"s' !f "ot law, to file all their notes and accounts that are due, as

'provided by this act; and on their failing or refusing to

do the same, shall for ever be deprived of the power of

collecting such claims.

Aseitsorattor- Sec 5. That nothing in this act shall prevent agents
neyi may com-or attorneys from planting suits, or defending suits; but
at the same time they shall give all the information they
have, in relation to the amount so filed, on oath or affir-
mation.

Sec. 6. That on all judgments rendered by any of the
beXe8Ct»id°n maycourts in this Territory, the stay of execution shall be had
by the defendant or defendants giving security for the pay-
ment of debt and cost, to the acceptance of the court,
or the plaintiff; the request to stay execution shall be made
known on day of trial, and security given within five days
from the time judgment is rendered.

Sec. 7. That all sums of twenty dollars and under,
Times for mav be staid thirty days; all sums over twenty dollars
Inmsmaybc and not to exceed fifty dollars, may be staid sixty days ;
staid- all sums over fifty dollars and not to exceed one hundred

dollars may be staid ninety days ; all sums over one hun-
dred dollars may be staid six months.

security to stay Sec. 8. That at the expiration of the stay of any exe-
exeeution °e-Cution, if not satisfied, it shall be the duty of the court to
defendants, issue an execution, for the property of the defendant, or
defendants, and in all cases the security to stay an execu-
tion shall be considered one of the defendants; but in all
Property of cases the property of the principal, shall first be taken and

principal first j A a-l j -Ui

taken: exposed to pay the debt.

Approved March 3rd, 1852,

AN ACT FOR THE REGULATION OF ATTORNEYS.

Sec. 1. Be it enacted by the Governor and Legislative As- Any person
semJbly of the Territory of Utah, That the right of bei^g^yaccotu*8Clh1i,
heard by self or counsel shall not be denied to any per-
son, claiming a trial as plaintiff, or defendant, in any
court in this Territory; and it shall be the duty of all
Judges of courts in this Territory, to grant a hearing asA on-f

counsel to any person of good moral character, chosen bygood moral
any person or persons to prosecute or defend a case, inbeemp'oyeJTa
which he, she, or they, are a party. counsel.

Sec. 2. No person or persons, employing counsel in^X^any"0*
any of the courts of this Territory, shall be compelled bytning by law
any process of law to pay the counsel so employed, for or ls service3
any services rendered as counsel, before or after, or dur-
ing the process of trial in the case.

Sec. 3. It shall be the duty of the Judges of all courts00"™!1 ,not

i«m- • i i f} . . , permitted to

in this Territory, to forbid and prevent all indecent a&daaa improper
exciting language and behavior in their courts; and in'an8U*iej
ease of a rebuke to counsel being disregarded, and re-
sented by said counsel, it shall be the duty of the Judge
giving such rebuke, to nullify the right to plead of such
counsel, and to take measures to prohibit him from being^.p^8^^
heard as counsel in any court of this Territory, until such»ei from plead
time as satisfaction has been given for his good conduct"^'," any
in future. And it shall further be his duty to impose a
fine not exceeding one hundred dollars, on such counselcounsci may
as he may deem just; and he may commit said counsel toV*^orim"
prison during the term of the court then being holden.

Sec. 4. It shall be the duty of the Executive ofncersExecutive o«i-
o£ all courts in this Territory, to arrest without process, *itLout gro-
und put in safe keeping all persons, whether counsel oreess-
other officers of courts, or persons within the hearing of
such courts, who shall in. any way behave indecently or
riotously, or use indecen , riotous or exciting language,
subject to the release or action of the Court, in which such
arrest is made; and such Executive officers may call for
such assistance as may be necessary in making such ar-
rest, and for the safe keeping of such person, or persons
so offending.

Sec. 5. Any Attorney, or person otherwise assumingDmy of wtor

neyeandotherito appear before any court in this Territory in any cause
whatever, shall present all the facts in the case, whether
they are calculated to make against his client or not, of
which he is in possession, and shall present the best evi-
dence that he can in the case to the intent that the true
state of the case in litigation may he presented before the
(n default of court, and for a failure to do so, or to comply with all the
llutv- requirements of this act, shall be liable to all the penalty

hereinbefore provided for, and the further penalty of not
less than one dollar at the discretion of the court.
Approved Feb. 18th, 1852.

AN ACT IN RELATION TO MARSHALS AND AT-
TORNEYS.

V;ir-!wMuw Sec. 1. Be it enacted by the Governor and LegislaL.

elected. ' Assembly of the Territory of Utah, That a Marshal shall
be elected by a joint vote of both Houses of the Legisla-

,,,„„„, Motive Assembly, whose term of office shall be four yea**,
unless sooner removed by the Legislative Assembly, or
until his successor is elected and qualified. Said Mar-
shal shall, before entering upon the duties of his offic> -.
. . take an oath of office, and file bonds with securities in the
penal sum of not exceeding twenty thousand dollars, con-

.-. •:•(! how ap ditioned for the faithful discharge of his duties, which bond,

proved. witjj securities, is to be approved by the Secretary of th<

Territory, and filed in his office.

Sec. 2. Said Marshal shall have power to appoint one

deputies.0 or more deputy Marshals, in each Judicial District of the

Territory, as the necessity of the case may require, whose

m-y be rcmov-(;erm 0f 0ffice shall expire with that of the Marshal; bur

silai? l ie mar 'they may at any time be removed at his discretion.

Duty or mar- gEC 3. jt siiau be the duty of the Marshal, or an}

slial and tiepu- „,.,,. , ,i t c ji

tics." of his deputies, to execute ah orders, or processes ot the

Supreme or District Court, in all cases arising under the
laws of the Territory, and such ofher duties as the execu-
tive may direct, or may be required by law pertaining io
the duties of his office,

Sec. 4. An Attorney General shall be elected by theAtt,r"0V Ge'l~

■ • e 21 t ' • i i- * it i i cral, how elec-

joint vote ot the Legislative Assembly, whose term ofte.i.
office shall be four years, unless sooner removed by theTerniofoffice
Legislative Assembly, or until his successor is elected and
qualified, and shall, before entering on the duties of his
office, take an oath of office, and give bonds and security 'ue onu
to the people of the Territory, conditioned for the faithful
performance of his duty, to be approved by the Secreta-
tary of the Territory and filed in his office. proved.

Sec. 5. It shall be the duty of the Attorney GeneralDuty of attor-
to keep his office at the seat of Government, to attend toney gc,lcr:
all legal business on the part of the Territory, before the
courts, where the Territory is a party, and prosecute indi-
viduals accused of crimes in the Judicial District in which
he keeps his office, in cases arising under the laws of the
Territory, and such other duties as pertain to his office.

Sec. 6. There shall be elected for each Judicial Dis-District attor-
nict (except the one in which the Attorney General keeps^^8' howeIec
his office) a District Attorney by the joint vote of both
Houses of the Legislative Assembly, who shall hold his
office for four years, unless sooner removed by the Legis-Term of off" '
lative Assembly, or until his successor is elected and qual-
ified, and shall, before entering on the duties of his office,
take an oath of office, and give bonds to the people of theGlve bond=-
Territory, conditioned for the faithful performance of hisn .. •

■ t ii in * * m • J'onds, now ap-

duties, to be approved by the Secretary of the Temtory,proved.
and filed in his office.

Sec. 7. It shall be the duty of the District Attorneys,Buty°f;iistricr
to attend to legal business before the Courts in their res-a °rne>'
pective districts, where the Territory is a party; prosecute
individuals accused of crimes, in cases arising under the
laws of the Territory, and do such other duties as per-
tain to their office.

Sec. 8. A Prosecuting Attorney shall be appointed by^f^fj":
the Probate Judge in each organized county in this Terri-p«nte.i.
tory, whose term of office shall be four years, unless soon-Terraof office-
er removed by the Probate Judge, or until his successor
is appointed and qualified, whose duty it shall be to attend?ut>'0'b"e!N
to all legal business m the county, in which the Territory
is a party, and prosecute before the Probate Court of his
county, all individuals accused of crimes. Said Attorneys

shall, before entering upon the duties of their respective
Giv« beudi. offices, take an oath of office, and give bonds with securi -

ties, conditioned for the faithful performance of their du-
Bowishow ap-ties, to be approved by the clerk of the Probate Court.
»r0Ted- and filed in his office.

Approved March 3, 1852,

AN ACT IN RELATION TO WRITS OF HABEAS
CORPUS.

Sec. 1. Be it enacted by the Governor and Legislative
Petition for Assembly of the Territory of Utah, That the petition for
corpus. " eBSthe Writ of Habeas Corpus must be in writing, and be
sworn io, and signed by the prisoner, or some person, on
his, her, or their behalf, setting forth the facts concerning
his, her, or their imprisonment, and in whose custody, he,
she, or they are detained, and shall be accompanied by a
copy of the warrant or warrants of commitment, or an affi-
davit that the said copy had been demanded of the person
or persons in Avhose cubtody the prisoner or prisoners are
detained, and by him or them refused, or neglected to be
given.

Condition on Sec. 2. Upon the presentation of the foregoing peti-
whiehwrit ^ion to anv court having jurisdiction, the writ of Habeas
may e gran - qq ^ ^\Vd\\ ^e awarded, unless it shall appear from the
petition itself, or the documents annexed, or the showing
of the petitioner, the party so applying would not be en-
titled to any relief.

What emita Sec. 3. The Writ of Habeas Corpus may be allowed
may grant the j^y t]ie Supreme, District, or Probate Court, or any Judge
thereof and may be served in any part of the Territory.

. ,. Sec. 4 Application for this writ must be made to the

Application T . ** ... • . /• j- . Ar

must be made court or Judge most convenient in point ot distance to tne
c0ouhrt.ne*,:CS, applicant, and the more remote court, or Judge, if applied
to for the writ, may refuse the same, unless a sufficient
reason be adduced in the petition for not making the appli-
cation to the more convenient court, or Judge.

Sec. 5. When the writ shall be awarded, it shall ap-
pear under the seal of the court issuing the same, or if it
be issued by any Judge it shall be signed by him, and
shall be substantially in the following words, to wit:
Territory of Utah. ) To the Marshal, or sheriff, or otherporm of tbe

County of J officer, or to A.B.,(as the case may be, )Writ-

You are hereby commanded to have the body of C. D.
by you detained as alleged before the court, or before

me E- F , Judge &c, (as the case may be,) at

on or forthwith, after being served with this

writ to be dealt with according to law, and to abide such
order as the court or Judge shall make in the premises,
and have you then and there, this writ, with a return of
your doings in the premises.

Sec. 6. When the writ is disallowed, the court or JudgeDisaiiowancc
shall cause the reasons of said disallowance to be appen-0 wnt"
ded to the petition, and returned to the person applying
for the writ.

Sec. 7. To the intent that no officer, sheriff, jailor,
constable, or other person, or persons whatsoever, upon
whom such writ shall be served, may pretend ignorance
thereof, such writ or copy thereof, shall be endorsed withsndorsemem
the following words: "By the Habeas Corpus Act," andco^pua Act.,ed
all persons upon whom such writs shall be served, holding
said prisoner or prisoners shall make return of such writ,
and shall bring or cause to be brought, the body or bodies
of such person, or persons, before the court or Judge issu-
ing said writ according to the requirements of the same.

Sec. 8. Whenever the court or Judge, authorized to
grant this writ, has evidence that any person within the ju-isgueiPwithout
risdiction ot such court or Judge is unjustly imprisoned, orapPhcatien-
restrained of his liberty, it is the duty of such court or
Judge to issue, or cause to be issued, the writ as afore-
said, though no application be made therefor.

Sec. 9. The writ may be served by the officer, or byAnyp°rs&"
any other person appointed for that purpose by the court«dyto * err? '"
or Judge, by whom it is issued or allowed. If served bywrit
any other person than the officer, he possesses the same
power, and is liable to the same penalty for a non-perform-
ance of his duty as though he were the officer.

Sec. 10. The proper mode of service is by leaving the

60
Mode of serv-original writ with the defendant, or personholdin^ or de-

i.iw the writ. ° 'Jo

taining such plaintiff or prisoner, and preserving a copy,
on which to make the return of service.

Sec. 11. If the defendant cannot be found; or if he

writ may be have not the plaintiff in custody, the service shall be made

uuypeisonhoi-upon any person having the plaintiff in custody, in the

iiing prisoner. same manner and with the same effect as though he had

been made defendant therein.

Sec. 12. If the defendant conceal himself, or refuse
admittance to the person attempting to serve the writ; or
'' :ii'rciieii!lil>if he attempt wrongfully to carry the person out of the
county or Territory after the service of the writ as aforesaid,
the officer or the person who is attempting to serve, or who
has served the writ, as above contemplated, is authorized
to arrest the defendant, or other person so resisting, and
bring him or them together with the plaintiff forthwith
before the officer or court before whom the writ is made
returnable. In order to make such arrest the officer or
other person having the writ, possesses the same power to
execute the same as is given to a sheriff for the arrest of
a person charged with felony.

Sec. 13. The writ of Habeas Corpus must not be dis-
obeyed for any defect of form or mis-description of the
ci ;°m-piamtiff or defendant: Provided, enough is stated to show
the meaning and intent of the writ. Service being made
in any mode, the defendant must appear at the proper time
and place, and answer the petition. He must also bring
the body of the plaintiff, or show good cause for not doing
so; to get possession of a plaintiff's person, when there is
no person appearing to have nim in chage or custody; the
same power is given to the officer or per having the writ,
as is given to sheriff for the arrest of a person charged
with felony.

imprisonment Sec. 14. A wilful failure to comply with the requisi-
and nne. tions of this act, renders the defendant or offending party,
liable to be attached for a contempt, and to be imprisoned
till a compliance is obtained, and also subjects him to a
forfeiture of one thousand dollars to the party thereby ag-
grieved

Defendant's Sec. 1 5 The defendant in his answer must state plain-

\y and unequivocally, whether he then has, or at any timeanswer'
has had the plaintiff under his control and restraint, and
if so, the cause thereof. If he has transferred him, he
must state the fact, and to whom, and the time thereof, as
well as the reason or authority therefor.

Sec. 16 Any Judge, whether acting individually, orjUdge may be
ms a member of the court, who wrongfully and wilfully re-fine<1 an:J ,m
fuses to award such writ whenever proper application for
the same is made, shall forfeit and pay the sum of one thou-
sand dollars, which may be recovered by an action of debt
for the use of the Territory; and may be imprisoned for a
term not exceeding one year.

Sec. 17. Until the sufficiency of the cause of restraintPlaintiff?° h°
is determined, the defendant may retain the plaintiff intody.
his custody, and may use all necessary and proper means
for that purpose.

Sec. 18. The plaintiff in writing, or by his Attorneyplatnt:ff may
may waive his right to be present at the trial, in whichbeabsent-
case the proceedings may be had in his absence The
writ in such cases will be modified accordingly. If no
sufficient, just legal cause of detention is shown, the plain-
tiff must be discharged.

Sec. 19. Upon the return of any writ of Habeas Cor-*£oceeditnga of
pus, the court or judge, shall, after having given sufficient
notice, proceed in a summary manner to settle the said
facts, by hearing the testimony and arguments, as well of
all parties interested civily if any there be, as of the pris-
oner or prisoners; and the person or persons who hold
him, her, or them in custody, and shall dispose of the
prisoner or prisoners, as the case may require, in all
cases where the imprisonment is for a criminal offence,
ind there is not sufficient cause for discharge; and al-
though the commitment may have been iniformally made,
or without due authority, or the process may have been
executed by a person not duly authorized, the court may
make a new commitment, or admit the party to bail if the
case be bailable.

Sec. 20. Disobedience to any order of discharge orFine and im-
attempt to elude the service of the writ of Habeas Corpus, ftE' °'
or to avoid the effect thereof, subjects the defendant to a

fine of one thousand dollars, and imprisonment for the
term of one year; and any person knowingly aiding and
abetting in any such act, shall be subject to the like pun-
ishment.

Fine of officer. Sec. 21. Any officer refusing to deliver a copy of any
legal process by which he detains the plaintiff in custody,
to any person who demands such copy, for the purpose of
taking out a writ of Habeas Corpus, shall forfeit not ex-
ceeding two hundred dollars to the person so detained.

sureties in cmo Sec. 22. All persons admitted to bail on Habeas Cor-
pus, shall enter recognizance with sufficient sureties, in
such sum as the court shall direct, having regard to the
circumstances of the plaintiff, and the nature of the of-
fence, conditioned for his, her, or their appearance at the
next term of the court to be holden in the county where
the offence was committed, or where the same is to be

Witnesses, tried. And all material witnesses shall also be required
to enter recognizance to appear at the same time and
place, and not depart therefrom without leave. All such
papers must be filed in the clerk's office, where the same
is made returnable.

fi Sec. 23. The recovery of any penalties incurred by

reason of the provisions of this act, shall be no bar to a
civil suit for damages.
Approved Feb. 2d, 1852.

AN ACT GOVERNING WRITS OF ATTACHMENT
AND CAPIAS.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That when any person
or persons, shall file an affidavit in any of the courts of
this Territory, that some person or persons are about to
leave the county or Territory, removing their effects with
the intention, he believes of defrauding his, her, or their
creditors, and that such person or persons are indebted to
him, her, or them, either by note or book account, and are

about to leave without paying the same, the court shall is-
sue a writ of Attachment upon the goods, chattels, and ef writ of attar*.
fects. of such person or persons, and such goods chattelsment-
and effects shall be held to pay the debt and cost; if, upon a
trial, judgment shall be rendered against the defendant.
The writ of Attachment may be directed to any and all
persons that shall be owing the said defendant when there
is not sufficient property found to satisfy the debt and cost;
and any such person so notified or served with an Attach-
ment shall be considered garnisheed, and said indebtedness
shall be held liable for the debt of the defendant until the
same shall be satisfied.

Sec. 2. In all cases of Attachment, bail may be takenBai!'
to the satisfaction of the court for debt and cost; and in
case bail is given, the property shall be free from i he At-
tachment. The court, on issuing an Attachment, shall
notify the person whose goods are attached, of a set time
and place for trial.

Sec. 3. In case an Attachment shall be obtained fromDamage may
any court, and upon trial, no judgment shall be found forberecoverfd'
the plaintiff, the defendant whose goods have been attach-
ed, may recover by law all the damage, he may have sus-
tained by such Attachment.

Sec. 4. Capias may be served on any person not ac'Pias
householder: Provided, That any person shall not be held
with Capias, more than fortyeight hours without trial.
Capias may also be served on any person while in the act of
leaving the county or Territory.

Sec. 5. When any person or persons shall have left Attachments
the Territory, or shall not be a resident of the Territory.maybehadup
leaving behind him debts unpaid, if such person or per-&ne., of Son-r*
sons have property within the Territory, it may be lawfulsident*-
for such creditors to sue out a writ ot Attachment against
such absent debtor, his goods, chattels, and effects, dues
and demands. And all such property, dues, and demands,
shall be held to pay all the debts such debtor shall have
left unpaid, if upon a trial a judgment shall be had against
the defendant.

Approved, March 3d, 1852.

AN ACT CONCERNING WRITS OF REPLEVIN.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That when any person
( 1/Uditions on or persons shall have any species of property in his, her,
replevin l^r ilrf°r l^c'r possession, and such property shall be claimed by
sued. some other person or persons, and be demanded by such

other person or persons; and if not given to the party or
persons that have made the demand, the party demand-
ing may file an affidavit, giving good security to the op-
posite party for costs and damages before any Justice of
the Peace within the county, where such proper ty may be
situated, or other court having jurisdiction, or such per-
son or party holding such property may be found, (or
where he, she, or they may reside,) the affidavit shall
state that he, she, or they are the rightful owner of such
property, describing the same, and in whose possession it
may be found, the court or Justice shall issue a writ, di-
rected to the Sheriff or Constable, or other officer.

Sec. 2. Such Sheriff or Constable, or other officer,

take into cus- shall serve such writ of Replevin, and the officer shall

I'm^untn^Je- executc sucft writ by taking into his custody all such pro-

iree of court, perty that is specified in the writ, and safely keep the same

until a decree of court shall be had thereon; the officer

shall deliver all such property to the person or party in

whose favor the decree of the court shall have been made.

i
Sec 3 In all cases, the defendanCshall have the right
i)cienJant«iayt0 eive £ood and sufficient bail to the court issuing a

retain property . ^ . . . °

on bail. writ of Replevin, conditioned for the payment for all dam-

ages and costs, and when bail is extended, the defendant
may retain the property replevied until a decision of*
court shall be had, when it shall be delivered to the per-
son in whose favor the decision of the court shall be giv-
en. In case the defendant shall not give bail as herein
provided for, the plaintiff may, by giving bonds with se-
curities approved by the court, for all costs and damages
plaintiff may that may accrue> take into his possession the property in
lake the prop- dispute, and retain the same until a decree of court shall
be had thereon.

.uedbyftcV Sec- 4- A Justice of the Peace may issue a writ for

..t the peace, the replevy of property, and try all cases of Replevin,

where the amount of property in dispute shall not exceed

one hundred dollars; where the amount in dispute shall1/*™0"1^^
exceed that sum, he shall transmit a copy of his proceed-mustberefVij:
ings in issuing said writ, to a higher court, who shall try1™^1'"
all such cases, the same as if the writ had been issued
from that respective court.
Approved March 3d, 1852.

AN ACT IN RELATION TO WRITS OF EJECT-
MENT.

Sec. 1 . Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That where any land, or
lands, house, buildings or any premises have been let, leas-
ed,or contracted for a term, and at the expiration of the con-
tract, the lessee refuses to yield up the possession to the
lessor, in such case the lessor may enter complaint mLessormavc...
writing of the same, stating in substance the facts of theter comptom
case on oath, before any court having jurisdiction; and^j^'^f^
the court shall issue a writ against the lessee, requiring .

the lessee to yield up said premises within twelve dayswljt again -t'
from the date of said writ, giving ten daj^s notice fromle3See-
service by copy delivered, or left at the place of abode of
the lessee, or at a day to be named in the writ to appear
before said court to show cause why the said premises are
so retained. And the said court shall, on hearing the
case, and allegations of the parties within three days there-
after, render a judgment in the case. If it be for the les-*ecisionof
see to yield the possession, he shall be required to do so 0U1 '
within live days from the time of the rendering of said
judgment, and shall be held for the costs of suit and dam-
ages. And should the lessee refuse or neglect to comply
with said judgment in yielding possession, the lessor may .
compel by Avrit of ejectment the required possessisn forth-ment.
with.

Sec. 2. Wherever any person or persons shall be "in
possession of a house, farm, or parcel of land; and such
house, farm, or parcel of land shall be claimed as pi"Ovi-0ccupant „m>
ded for by this act, the party claiming shall be entitled tobe dispossessed
dis-

possess the occupant, and the defendant shall have all the
benefit of law as above provided.

Sec. 3. Nothing herein contained shall be so constru-
haye^uriBdiL ed as to prevent any Justice of the Peace from having
tion '»ti>e«asejuriS(]iction) after the proper security shall have been giv-
en, to issue ejectment, try the merits and enforce the judg-
ment thereon in a summary manner.
Approved March 3d, 1852.

AN ACT REGULATING TRANSFERS OF POS-
SESSION OF LAND AND REAL ESTATE.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That when any convey-
ance, sale, or transfer shall be made of any legal claim, or
right of possession of any city lot. or surveyed land or
£Uirratoto lands, part or parts thereof, within this Territory, the sel-
writing; a»k- ler, or vendor of the same, shall make and execute to the
Mtrnm? vendee a full and written quit claim of release of, and to
der- all right of claim and possession to the premises so -trans-

ferred; and shall acknowledge the same before the county
Recorder where the premises are situated. The transfer
to be in form as follows, viz: Be it known by these pres-

Konn «f trans-sents> ^at j tfee just, true, and rightful

claimant, owner, and possessor of lot in block

containing acres in survey, in coun-

sy, do, for and in consideration of the sum of dollars

to me in hand paid by -, the receipt whereof

is hereby acknowledged, sell, release, quit claim, and
transfer all my right of claim, interest, and possession of

and to the aforesaid premises, to the said

heirs or assigns.

Sec. 2. It shall be the duty of the county Recorder to

rranilfcrtohe take acknowledgments of all such transfers as shall be

r*cord<>d. presented to him, as is prescribed in this act, and record

the same in a suitable book to be kept by him for that

purpose, and transmit the same to his successor in office,

fOTSi and shall be entitled to 50 cents for each acknowledgment,

and record so made by him ; and one dollar for each
transfer that he shall make, to be paid by the vendor or
vendee in the case: Provided, That nothing in this act
shall be so construed as to prevent the vendor and ven-
dee from making the transfer themselves. But no trans-
fer shall be valid unless it be recorded as is prescribed in
the first section of this act.

Sec. 3. The county Recorder shall not record any land
to any person on application or by transfer, until a certifi-Certificate of
cate of the survey has been produced that such land hassurTey-
been surveyed, and such certificate of survey has been ap-
proved and countersigned by one or more of the select
men in the county.

Sec. 4. One year shall be allowed to persons having
land surveyed, to enclose and fence said land; and on theirLands mutt be
failing to enclose said land within one year, their title to^"jiebde nuiii-1*
said land shall be nullified; and such land shall be declared*5^-
common, and may be surveyed to any person applying for
the same.

Approved, March 6, 1852.

ACT IN RELATION TO ESTATES OF DECE-
DENTS.

Sec. 1 . Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That any person of full^11'5'
age and sound mind, may dispose, by will, of all his prop-
erty, except what is sufficient to pay his debts, or what is
allowed as homestead or otherwise to wife or family; prop-
erty subsequently acquired may also be devised.

Sec. 2. Personal property may be bequeathed by ver-Verbti *al«-
balwill, if witnessed by two competent witnesses; all oth-
er wills to be valid must be in writing, witnessed by twowriu«n wi!i°«.
competent witnesses, and signed by the testator, or by some
person in his presence and by his express direction.

Interest of pee

Sec. 3. Posthumous children unprovided for by ^,1™™°"'' C

Fathers' will, shall inherit the same interest as though no
will had been made.

Sec. 4. Wills duly sealed up and endorsed may be de-
posited with the Clerk of the probate court, whose duty it
is to file, and safely preserve the same until the death of
the testator or testators, unless they themselves sooner de-
mand them.

Sec. 5. Any person having the custody of a Will,
Public rea(]ii)gsnaU> at tne m"st stated term of the court, after being in-
dwiii. formed of the death of the testator, bring the same into

court, where it shall be publicly read.

Sec. G. Wills, when proved and allowed, shall have a

vviii? to be re-certificate thereof endorsed or annexed thereto; signed

by the cleric, and attested by the seal of the court; all

of which shall be recorded in a book to be kept for that

purpose, and every will so certified, or record thereof, or

,, , , . a transcript of such record duly authenticated, may be

M;iv lie read in , . J, ., ..■■•'. ,, • m .. ..f

evidence, read m evidence in all courts Avitnin tins lerritory, without
further proof. Wills must be thus allowed and attested,
to be carried into effect.

Executors. Sec. 7. Executors are entitled to a copy of the will,

and if there is no executor appointed in the will, or if he.
or they shall fail to qualify and act, they may be appoin-
ted by the court. The court may also, for good cause,
remove executors, as also fill vacancies.

Sec. 3. If administration of the estate of any deceas-
i:\eriitors df ed non-resident, such executor maybe appointed executor
non-residents, by qualifying himself as required of other executors, un-
less another executor has previously been appointed in this
Territory ,

How
ration

Sec. 9. Where no executor is appointed by will, ad-
',i,1ui|,,ib" ministration shall be granted: First, to the wife of the de-
ai'.'ted. ceased; second to his next of kin; third to his creditors:
fourth, to any other person whom the court may select,
and the court may unite individuals belonging to the same
or different classes as executors, whenever it deems such a
course expedient. The court must not appoint a person an
executor, who is manifestly unsuitable for the discharge
of the trust, nor who is a minor.

Sec. 10. Every executor, before entering upon the dis-Executors'
charge of his duties, must give bonds in such penalty andb°nda"d i:th
securities as the Judge of the court approves, conditioned
for the faithful discharge of his duties, and take and sub-
scribe an oath to the same import, which oath and bond
shall be filed in the Probate Court's office. New bonds
and increased penalties, and new securities may be requir-
ed whenever the court shall deem it necessary or expedi-
ent. • •

Sec. 1 1 . The court when there is any necessary delay
in granting a commission to any executor to act, may, in
its discretion, appoint one or more special executors, tog .
collect and preserve the property of the deceased, whotors. '
shall qualify as above required. All executors shall make
out and file an inventory of all the estate and effects, person -inventory,
al and real, belonging to such estate in the Probate Court's
office within thirty days from the date of his commission.
Upon granting full administration the powers of special
executors shall cease, and all the business shall be trans-
ferred to the general executor.

Sec. 12. Nothing herein shall be so construed, when
the interest of creditors are not prejudiced therby, as tosc^erutesfor
hinder the testator or the court prescribing the manner ofwir.din?uP :t"'
winding up the affairs of the estates, or continuing hisestate.
business in which the deceased was engaged at the time
ef his death, in order to wind up his affairs with greater
advantage to the interest of the estate.

Sec. 13. All personal property of the deceased rnustAppraigemt!,,
be appraised by appraisers appointed by the court, and ifof property.
any portion of such property be in another county, the
same appraisers may serve, or others may be appointed
by the court or by a disinterested Justice of the Peace of
such county, and a supplemental inventory and appraise-
ment must be made out whenever the existence of other
property is discovered.

Sec. 14. When the deceased leaves a wife or family, p
no property exempt by law from execution, shall be con-serwri fiw the
sidered assets, or administered upon, but shall be held^"efil "f f""
for the exclusive benefit of the wife or family, and shall
net be liable for any debts against the estate.

Property to be gEC- j 5. All persons having any of the property or
the executor, effects of a deceased person in their hands wrongfully, are

required to deliver them up to the executor of the estate.

The executor, with the approbation of the court, may
Executor »»y compound with any debtor of the estate who may be
dXtor?n<lwlththought unable to pay his whole indebtedness, or in order

to avoid doubtful litigation.

Sec. 16. The court, on application ot the executor,
court may di- shall, from time to time, direct the sale of such portions
rect sale of pro-of personal effects as are of a perishable nature, or which
from any cause would otherwise be likely to depreciate in
value, and also such portions as are necessary to pay off
the debts and charges upon the estate. If the personal
effects are found insufficient to satisfy such charges, a suf-
ficient portion of real estate may be ordered to be sold for
that purpose.

Public or i- ^EC> "• Property may be sold either at public or pri-
vate sale. vate sale, as shall be most conducive to the interest of said

estate, and reasonable and general notice of public sale

must always previously be given.

Sec. 18. When real estate is sold, conveyance of the
< unveyancy ofinterest of the decedent may be made by the executor
wal estate, under the approval of the court.

Sec. 19. Property may also be sold upon credit, not
-ia!p (.n credit. excecfjmg twelve months, whenever the court is satisfied
that the interest of the estate will be promoted thereby.

Sec. 20. As soon as the executors are possessed of
«^nia'tr*t'i°ria&su^nc'ent means, over and above the expences of admin-
•ther charges, istration, they shall pay off the charges of the last sick-
ness and funeral of the deceased.

Payments next Sec. 21. They shall, in the next place, pay any allow-
to be made, ance which may be made by the court for the maintenance
of a widow or minor children. Other demands against
the estate are next payable; after which, legacies may be
paid and distribution made to heirs by decent. A neglect
or failure on the part of any creditor to give notice of his
•reditortogiveciaim to the executor or the court, and not proving the
do.ic.oo c,iUmssame wjthin two years from and after the granting of ad-
ministration upon said estate, shall prove a bar to the fil-

intf of it for ever after, unless the said claim is in litigation,
or unless unavoidable circumstances entitle the claimant
to equitable relief.

Sec. 22. If there are not likely to be sufficient meanSDhidend for
in all, to pay oif the whole of the debts of any one class,"16 Pfymeat or

i -m ■ • -i t • i i {• i creditors.

the court shall, from time to time, strike a dividend or the
means on hand among the creditors of that class, and the
executor shall pay the several amounts accordingly.

Sec. 23. The personal estate of the deceased, not ne-Bfstribution of
eessary for the payment of debts nor otherwise disposedshare3'
of as herein provided, shall be distributed to the same
persons and in the same proportions as though it were
real estate. The distribution shares shall be paid over as
fast as the executor can properly do so. The property
itself shall be distributed in kind, whenever that can be
done satisfactorily and equitably; in other cases the court
may direct the property to be sold, and the proceeds to
be distributed. When the circumstances of the family
require it, the court in addition to what is herein before
set apart for their use, may direct a partial distribution of
the money or effects on hand at any time after filing the
inventory, he being satisfied that said amount, so distribii-
ted, will eventually be coming to said family.

Sec. 24. The homestead, occupid by the wife, or anyifomesuad noi
portion of the family of the deceased at the time of his1'^ t0 Hn-V
death, shall in all cases be held free to the use of the wife
and family of the deceased, and shall not be liable to any
elaim or claims against said estate, and if there be other
property remaining after the liabilities of the estate are
liquidated, then it shall, in the absence of other arrange- ,
ments by will, descend in equal shares to his children OThave equal*
their heirs; one share to such heirs through the mother o^hares.
such children, if she shall survive him, during her natur-
al life, or during her widowhood; or if he has had more
than one wife, who either died or survived in lawful wed-j}JJjj^rJjjjJ[£s
lock, it shall be equally divided between the living and
the heirs of those who are dead, such heirs taken by right
®f representation.

Sec 25. Illegitimate children and their mothers in-inheritance of
feerit in like manner from the father, whether acknowl-chlfdrerfand
edged by him or not, provided it shall be made to appeartheir mothers.

to the satisfaction of the court, that he was the father of
such illegitimate child or children.

Sec. 26. The parents or parent, if only one be living,
,'oased chiidronmay inherit the estate of their children Avhen they shall
mayfalito 1'M-Jie without wife or issue; but in all cases where the de-
ceased leaves a wife, the inheritance shall not pass there-
from, so long as the name of the dead shall be perpetuated
thereon.

Sec. 27 Property given by an intestate by way of ad-
t.y0w!iy3of;idenvancement to an heir shall be considered part of the estate,
vancc.nent to so far as regards the division and distribution thereof, and
shall be taken by such heir towards his share of the estate
at what it would at the time be worth if in the condition
in which it was given to him; but if such advancement
exceeds the amount to which he would be entitled; he
cannot be required to refund any portion thereof.

Bstateofiie- ^ec ~^. ^ce husband shall inherit the estate of a
i wife deceased wife in the same manner as the wife the estate
Knd!°th0hUS~of the deceased husband, and the like interest shall in the
::?.aie manner descend to their respective heirs.

Executors to Sec 29. Executors have power to complete the per-

compiete cos- formance 0f contracts made by the intestate, either to re-
tracts. . J ' j, .„.
ceive or give conveyances to real estates upon the fultil-

ment of the terms of any contract previously so made.

Executors t:>
I'iuier an ac-
■•onnt to the
court once a

. i - 1 .

Disc liar;
■ locators.

Sec 30. Executors shall at least once a year, and of-
tener if required by the court, render his account to the
court, showing the condition of the estate, its debts and
effects; he must account for all property mentioned; but
the appraisement shall be taken only as presumptive evi-
dence of its value, neither shall the executor claim any
benefit from the sale of property at a higher price than
the appraisement; nor is he chargeable with any loss oe
easioned without any fault of his own.

Sec 31. Upon the final settlement by the executor,
an order shall be entered, discharging him from further
duties and responsibilities'.

"rocociiings
previous to this
vt.

Sec. 32. Nothing herein contained shall be so construed
as to hinder or delay any proceedings or orders, already

made by any court having previous to this act had juris-
diction in the settlement of estates.
Approved March 3d, 1852.

AN ACT CONCERNING JOINT ENCLNSURES AND
DIVISION FENCES.

Sec. 1. Be it enacted hy the Governor and Legislative As-
sembly of the Territory of Utah, That it shall be lawful for
any company or number of persons interested in a jointIllterested PeJ-

j i v i Jsi»n3 in iv roftit^

enclosure to hold a meeting or meetings and elect suchtheii own laws
officers, as they may deem proper for the governing andjointwiclosures
controlling such enclosure; and at such meeting they shall
have power to make their own laws for fencing and gov-
erning such enclosure, and for the disposal of the im-
provements or possessions in such enclosure of any per-
son or persons, to defray any expenses accruing on such
improvements or possessions, for fencing or othei purpos-
es: Provided, That when the improvements or possessons
of any person or persons interested in such farm or en-
closure, are so disposed of, and it shall appear to the par-
ties composing such meeting, that the person or persons,
whose improvements or possessions are thus disposed of,
were not able to do his, her, or their proportion of the
fencing or other improvements, for the payment of which,, j

jp. -t ' r J ■ * Redemption of

such disposal was made, such person or persons shall beimprovement.
allowed ninety days to redeem his, her, or their improve-^^^0
ments or possessions, by paying such expenses accrued
and the expense of sale.

Sec. 2. Before such meeting or meetings being held,Noticeofmeft
ten days notice shall be given by posting up three writtening.
or printed notices in the vicinity of such joint enclosure,
stating the time and place of holding the meeting.

Sec. 3. Be it further enacted, That any person or per-Division ftnee.
sons, enclosing a farm or field adjoining a field or farm
already enclosed, shall pay to the owner of such fence,
one half of the value of the fence so made use of, to be
appraised by two or more judicious persons, and such

payment being made, the person or persons making such
payment shall be entitled to the ownership of one half of
such fence.

Writtea notice Sec. 4. It shall be the duty of any person or persons
•onceming par-makinp- a partition fence within any enclosure, to erive

tition fence • • i o

written notice to the person or persons owning the adjoin-
ing lots or farms, and who will become interested in such
partition fence, of his, her, or their intentionto make such
fence, and also to give such person or persons a reasona-
ble time to make their proportion of such partition fence.

Farms fenced gEC. 5. Nothing herein contained shall be so construed

within an en- . ., . ° - ,

ciosBre. as to prohibit any person or persons owning a lot or farm

in any enclosure, from enclosing such lot or farm to itself,
and on such enclosing fence being made to the satisfaction
of the committee or persons appointed to review the fen-
ces of such joint enclosure, the person or persons enclos-
ing such lot or farm, shall not be held responsible for the
outside fence of such joint enclosure.
Approved March 3d, 1852.

AN ACT DEFINING WHAT MAY BE TRESPASS
AND DAMAGE.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That if any person or
o» another's8 Persons> shall cut* grass for hay on any land belonging to
land. another person or persons, without his, or their consent,

an action of trespass may be had against such offender,
and damages recovered by process of law.

cutting timber Sec. 2. If any person shall cut or haul off timber
»n anothers po-from t]ie possessions of another person without his or their

consent, an action ot trespass and damage, may be had

against such offender.

Sec. 3. If any person shall take any species of proper-
pttbitekiy. en^y belonging to another, publicly, but without the consent
of the owner, an action of trespass may be had against such
offender, and damages recovered by law.

Sec. 4. If any person shall ride acress, or drivea wag-Crossineeut!o
gon through a field of grain, or over any enclosed ground,
belonging to another person, an action of trespass may be
had against such offender, and all damages recovered.

Sec. 5. If any person shall drive through, or lay down
a fence, belonging to another person, and shall fail to put^'ensg dow"
the same up, such offender shall be liable for all damages,
to be recovered under an action of trespass.

Sec. 6. An action for damages may be sustained; first,-

• i • r i Damaged pro

for goods stored or property in the possession ot anotherperty.
person, that may be damaged while in such possession.

Sec. 7. That if anyj)erson or persons, after there shall infringing up
have been a division of water, lawfully made in any coun-™ j^J^jJJ^
ty or precinct in this Territory, for irrigation or other pur-
poses, shall in any way infringe upon the rights of any
person or persons, they shall be liable in an action of tres-
pass to the parties damaged; and liable to be fined at the
discretion of the court having jurisdiction.

Sec. 8. That all damage done to fruit or shade trees, injury or fnm
in or around enclosures, or lots, by careless driving, or theanc b a e trer"
tying up of cattle or horses, or any needless destruction
of any such shade or fruit trees, shall be considered a
trespass, and such person or persons shall be liable for
damage and fine according to the discretion of the Court
having jurisdiction.

Approved March 3, 1852.

AN ACT CONCERNING MASTERS AN DAPPREN-
TICES.

Sec. 1. Be it enacted by the Governor and Legilativc
Assembly of the Territory of Utah, That any minor child Anyminor
may be bound to service until the attainment of the age ofcniid may be
legal majority; such binding must be by written indenture,
specifying the terms of agreement, age of the minor (ifindenture.
known,) and shall moreover be signed by the minor if

over twelve years of age. Nothing herein shall be
so construed as to prevent the Select men or Probate
idle, vicious.orCourt from binding out any idle, vicious or vagrant
vagrant child- mmor child without his or her consent, or the consent of
the Parent or Guardian of such minor child, if such Par-
ent or Guardian neglects, refuses, or otherwise fails in
properly controlling the actions and education of such
minor, and does not train him or her up in some useful
avocation.

sel ct men g g jt jg he^by made the duty of the Select men

may bind out « i ■ n t ji

minor cwidren.to look after, and take notice ot all sucn cases, and when
they shall find the minor child incorrigable, and the Pa-
rents unable, unwilling, or negligent as hereinbefore men-
tioned, bind him or her out to some suitable person to be
trained to some useful vocation.

iwersofmas- Sec. 3. The powers, liabilities and duties of master,
tor. and the rights of the apprentice, are the same as those of

Parent and child respectively, except as to inheritance,
and except as is otherwise provided by law.

Who may SEC. 4. The Parent, Guardian, or officer, by whose

rmlrestloftoeact or consent any minor is thus bound, must watch over

minor. the interest of the minor so bound, and take measures for

his, or her relief, whenever circumstances shall justify or

the true interest of the minor child shall require.

Apprentices gEC- 5 if the master shall illtreat his apprentice, or
"edtf iiitreatedin any manner palpably fail in the discharge of his duties
in regard to said apprentice, the said apprentice may be
discharged from further service, and may moreover re-
cover damages, and compensation for services.

Duty of master Sec. 6. It shall be the duty of the master to correct
and teach such minor child to observe the principles of good
order and industry, and train him or her to some useful
avocation. And it is hereby made the duty of such min-
or child to observe obedience to, and respect for, the re -
n ■ of„ ren quirements of the master. But if the apprentice bound
ticef° appren"as aforesaid, shall refuse to serve according to the terms
of the indenture, or grossly misbehave, and the master
shall be incapable or unable to influence or control such
.v;isiersmay apprentice, he may be discharged from further obligations
$£SS£ for*" or liability, at the discretion of the court; and in the event

of a dissolution, the apprentice shall receive such allow-bad conduct.
ance for service previously rendered as may be considered
just under the circumstances of the case.

Sec. 7. The death of the master, or his removal fromD1e^'c!remov
the Territory, works a dissolution of the indentures, un-imienture.
less otherwise provided therein, or unless the apprentice
shall elect to continue in his service.

Sec. 8. Any person, apprentice or servant, who shallA<ireements in

other teniter
ies«nd states.

have so elected, or agreed to render service in any otheroth

Teroitory, State or Country, shall come under the same
regulations and requirements as herein provided; all such ;
agreements or indentures for services being held as invio-
late and binding, as if they had been entered into, and
executed within this Territory.

Sec. 9. If from habitual intemperance, and vicious,^ar.diansj|!i»
and brutal conduct, or from vicious, brutal, and criminal
conduct towards said minor child, the parent of the same
shall be considered an unsuitable person to retain the
guardianship, or control the education of said child, the
Judge of Probate Court or Select men may appoint a
suitable person to be the guardian of such child, and may,
if deemed expedient, also cause said minor child to be
bound as an apprentice to some suitable person, during
his or her minority. Nothing herein shall be so constru-
ed as to take such minor child, if either the father or
mother be a proper guardian.

Sec."1Q. The strict observance of the provisions of, , .

. , „ r. . Indentures

the indentures on the part ot the master and apprenticemust be strict
must be considered essential to entitle either party to thelyobservctl'
benefits arising under the provisions of this act, and the
Select men or the Probate Court shall enquire into such
observance before either, awarding compensation or dam-
ages,or otherwise discharging or releasing either party from
the requirements of such indentures, or the provisions of
law in such cases made and provided. Nothing herein
contained shall be so construed as to effect a release of
either party from service or obligation, as the case may
be, where the agreement or indentures have been entered
into in any foreign State or country, or in this Territory
for a longer period.

KJ'«t fo d l° Sec- lh The master sha11 send the said minor child to
wrhooi. school between the ages of six and sixteen, three months

in each year if there be a school in the district or vicini-
ty; and at all times, and in all cases the master shall
clothe the minor child in a comfortable and becoming
manner.

Approved Feb. 7th, 1852.

AN ACT IN RELATION TO MINORS.

Sec. 1. Be it enarted by the Governor and Legislative As
ority. ° mm sembly of the Territory of Utah, That the period of minor-
ity ex. ends in males to the age of twenty-one years; and in
females to that of eighteen years; but all minors obtain
their majority by marriage.

Contracts of ^EC- ^- -^ mmor is bound, not only by contracts for
minor*. necessaries, but also by his other contracts, unless he dis-

affirms them within a reasonable time af^er he attains his
majority, and restores to the other party all money or
property received by him by virtue of said contract, and
remaining- within his control at any time after attaining
his majority.

c«wes in wiiirh ^EC ^- ^° contract can be thus disaffirmed in cases

minors cannot where on account of the minors own misrepresentations as

to his majority, or from his having engaged in business as

an adult, the Ocher party had good reason to believe the

minor capable of contracting.

Sec When a contract for the personal services of a
.1°"™^!!.^ minor has been made wi;h him alone, and those services

the personal

services of mi-are afterwards performed, payment made thereior to such
minor in accordance with the terms of the contract, is a
full satisfaction for those services, and the parent or guar-
dian cannot recover therefor a second time.
Approved Feb. 6, 1852.

AN ACT IN RELATION TO GUARDIANS.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That the father is the nat-TV)epareHUaJ.t
ural guardian vOf the person or persons of his minor chil-niltural e»ard
dren. If he dies without appointing any guardian, or is'*1"9"
incapable of acting, the mother becomes the guardian.

Sec. 2. The natural and actual guardian of any min-
or child, may by will, appoint another guardian for such^appolntJd^'l
minor, if without such will, both parents be dead, or dis-"'in
qualified to act as guardian, the Probate Judge or Selects™, maya/'
men may appoint one. P°int gaardiaii

Sec. 3. When a divorce is decreed or obtained, suchclli,dren.and
order in relation to the children and property of the par-Sf°dfrwce.
ties, and the maintenance of the wife may be made as
shall be deemed right and proper; subsequent changes
may be made by the Probate Court or Select men, in those
respects when circumstances render them expedient.

Sec. 4. In cases where the minor has property notD , , .

i • j c • -. >. f r J. rroperty ol roi

derived trom either parent, a guardian may be appointed™™ not dem-
by the Court or Select men to manage such property.edfi'omparent*
The father or mother, if deemed a suitable person for that
purpose, may be appointed the guardian to take charge of
the property of his or her minor child.

Sec. 5. If the minor be over the a^e of fourteen™,.

, P , . , ,, , , li- If 14 years old

years, and ui sound intellect, he may select his own guar-minorsmayse
dian, subject to the appoinment of the Probate Court orlect suar(Uan-
Select men.

Sec. 6. Guardians must be sworn to the faithful per-£*,iar'lia"s t0
formance of their duties, and give bond and security to besecurities.
approved by the Court or Select men, and filed in the of-
fice of the Court of Probate.

Sec 7. All property belonging to minors must be in-inventory &e.,
ventoried, appraised, and a copy of the appraisementof ProPertr.
filed in the Probate Court's office, within twenty days af-
ter the guardian shall have been qualified. GuardiansGuardians lo

c j.1 e • i .li j liavp the same

ot the persons or minors have the same power and con-power a3 par-
trol over them that parents would have if living. ents-

Sec. 8. If necessary for the minor's support or edu*
sale of minor'acrtion, to dispose of the minor's property, either personal
t»n»perr.v. ^ reh]} the guardian may do so, by giving general notice
ten days previous to said sale; all such sales must be un-
der the direction of the Probate Court, who shall cause
the bonds of the guardian to be increased if he shall deem
it necessary. The Court or Select men may also direct
the postponement of such sale for further notice or con-
sideration if they are of opinion that the interest of the
minor would be promoted thereby. The avails of all such
sales shall be accounted for, and the inventory filed in the
Court of Probate's office, and applied under his direction.

Conveyances.

Sec. 9. Conveyances of property may be made under
the direction of the Court by the guardian.

■uardian may Sec. 10. A failure to comply with any order of the

anodtheiaD^nt^'otir* or requirement of the Select men in relation to

rd. guardianship, may involve the dismissal of the guardian,

and may be deemed a breach of the condition of his bond,

for which he shall be liable, and the Court may appoint a

new guardian, if it shall deem it necessary. Guardians

cuaniian mustshall account to the Court annually on oath, or oftener if

'*1,oll:'""uallyrequired by the Court or Select men.

Sec, 1 1 . Where a new guardian is appointed, the ef-
ieiivered to fects of the minor, which are in the hands of his prede-
aew giw<i'an.cess0V) are t0 De delivered up to such new guardian.

Sec. 12. Guardians shall receive such compensation

5aJ£!5S!!" as tne Court mav i"rom time t0 time allow- The amount

allowed, and the service for which the allowance was
made, must be entered upon the records of the Court.
Approved Feb. 3d, 1852.

AN ACT IN RELATION TO SERVICE.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That any person or
persons coming to this Territory and bringing with them

servants iustly bound to them, arising; from special Con-Se,rvicedue '"

*, J . . -, ° , n1, . , .other states or

tract or otherwise, said person or persons shall be entitledtenitories stmi
to such service or labor by the laws of this Territory ^8^5^-?
Provided, That he shall file in the office of the Probate
Court, written and satisfactory evidence that such service
or labor is due.

Sec. 2. That the Probate Court shall receive as evi-
dence any contract properly attested in writing or anyfor servitude'
well proved agreement wherein the party or parties Serv-may bepr0V('d-
ing have received or are to receive a reasonable compensa-
tion for his, her, or their services: Provided, That no con-
tract shall bind the heirs of the servant or servants toProvl!i"'
service for a longer period than will satisfy the debt due
his, her, or their master or masters.

Sec, 3. That any person bringing a servant or ger-"erva"te b«>'<
vants, and his, her, or their children from any part of thebe retained ™
United State, or other country, and shall place in the office,^"'1111'10 (l"
of the Probate Court the certificate of any Court of rec-
ord under seal, properly attested that he, she, or they are
entitled lawfully to the service of such servant or servants,
and his, her, or their children, the Probate Justice shall
record the same, and the master or mistres, or his, her,
or their heirs shall be entitled to the services of the said
servant or servants unless forfeited as hereinafter provid-
ed, if it shall appear that such servant or servants came
into the Territory of their own free will and choice.

Sec. 4. That if any master or mistress shall havegervanu maj
sexual or carnal intercourse with his or her servantbe forfeited,
or servants of the African race, he or she shall forfeit all
claim to said servant or servants to the commonwealth;
and if any white person shall be guilty of sexual inter-
course with any of the African race.thev shall be subiect,onFinc a!uI '"',

- J J i prisonnient for

conviction thereof to a fine of not exceeding one thousandsexuai inter
dollars, nor less than five hundred, to the use of the Ter C(
ritory, and imprisonment, not exceeding three years.

ncan rate.

Sec. 5. It shall be the duty of masters or mistresses,
to provide for his, her, or their servants comfortable habi-Dmies tofrarcfc
tations, clothing, bedding, sufficient food, and recreation .,ervant*-
And it shall be the duty of the servant in return therefor,
to labor faithfully all reasonable hours, and do such ser-
vice with fidelity as may be required by his, or her mas-
ter or mistress.

"nXT/vants Sec' 6/ Jt sha11 be the dut7 of the master to correct
and punish his servant in a reasonable manner when it
may be necessary, being guided by prudence and humanity;
and if he shall be guilty of cruelty or abuse, or neglect
forfeit of serv-t° feecl> clothe, or shelter his servants in a proper manner,
mubycrueity.the Probate Court may declare the contract between mas-
ter and servant or servants void, according to the pro-
visions of the fourth section of this act.

Trausferenee Sec. 7. That servants may be transferred from one
• iervants. master or mistress to another by the consent and appro-
bation of the Probate Court, who shall keep a record of
the same in his office; but no transfer shall be made with-
out the consent of the servant given to the Probate Judge
in the absence of his master or mistress.

Fine and im- Sec. 8 Any person transferring a servant or servants
mnX"^"^ f°rcontrary to the provisions of this act, or taking one out
iarvents con- of the Territory contrary to uis, or her will, except by
decree of Court in case of a fugitive from labor, shall be
on conviction thereof, subject to a fine, not exceeding five
thousand dollars, and imprisonment, not exceeding five
years, or both, at the discretion of the Court, and shall
forfeit all claims to the services of such servant or serv-
ants, as provided in the fourth section of this act.

leivantstobe Sec. 9. It shall further be the duty of all masters or
oo . mjstresseg) t0 senci their servant or servants to school, not
less than eighteen months between the ages of six years
and twenty years.

Approved Feb. 4th, 1852.

AN ACT IN RELATION TO BILLS OF DIVORCE.

Sec. 1. Be it enacted by the Governor and Legislative

?*JlllIlm\B-Assembly of the Territory of Utah, That the Court of Pro-

iktion in cases^ ate in the county where the plaintiff resides, shall have

jurisdiction in all cases of divorce and alimony, and of

guardianship, and distribution of property connected

therewith.

Sec. 2. The petition for a bill of divorce must bePetition fcri11-
made in writing, upon oath or affirmation, and must state™"6'
clearly and specifically the causes on account of which the
plaintiff seeks relief. If the Court is satisfied that the
person so applying is a resident of the Territory, or wish-
es to become one; and that the application is made in sin-
cerity and of her own free will and choice, and for the
purpose set forth in the petition; then the Court may de-
cree a divorce from the bonds of matrimony against the
husband; for any of the following causes, to wit:

Impotence of the defendant at the time of marriage;causes for
adultry committed by defendant subsequent to marriage ;whic{Jadivore*.
wilful desertion of his Avife by The defendant, or absenting
himself without a reasonable cause for more than one
year; habitual drunkeness of defendant subsequent to mar-
riage; conviction of defendant for felony subsequent to
marriage; inhuman treatment so as to endanger the life
of the defendant's wife; when it shall be made to appear
to the satisfaction and conviction of the Court, that the
parties cannot live in peace and union together, and that
their welfare requires a separation.

Sec. 3. The husband may in all cases obtain a divorce1Iusband
from his wife for the like causes, and in the same mannerobtainadh-ofif
as the wife obtains a divorce from her husband.

Sec, 4. Nothing herein contained shall be so constru-Decree oi <ii-
«d as to prevent Courts of Probate from deferring their^eferreTon'
decree of a divorce, when the same is applied for, to anyyear-
specified time, not exceeding one year, when it appears
to him that a compromise might at a future time be made
between the parties. During the time of such deferrence
on the part of the Court, the bonds and engagements of
matrimony may not be violated by the parties.

Sec. 5. The defendant, unless in a case of absenceDef^"dant ,lae
heretofore provided for on his or her part, shall have thepresent.
right to appear, and shall receive a proper and timely
warning thereto; should the defendant fail to appear, the
Court may, if satisfied that the complainant is the injured
party, and his or her claims are just and well grounded,
decree a dissolution of the marriage contract between the
eomplainant and defendant.

Sec. 6. When a divorce is decreed, the Court shall

Children and make such order in relation to the children and property

»ropei yo pa ^ ^e parties, and the maintenance of the wife, and such
portion of the children as may be awarded to her, as may

Proviso. be just and equitable: Proveded, That if the children

shall have attained the age of ten years, and possess sound
mind, they shall have the privilege to select of their own
free will and choice, to which of their parents they will

Proviso. attach themselves: Provided further, That the parties may.

with the approval of the Court, themselves agree upon
the distribution of the property and disposal of the child-

Pruvito. ren: Provided further, That when it shall appear to the

Court at a future time, that it would be for the interest of
the parties concerned, that a change should be effected in
regard to the former disposal of children or distribution-
of property, the Court shall have power to make such
change as will be conducive to the best interests of all
parties concerned.

lorfritsofguii- Sec. 7. When a divorce is decreed, the defendant or
ty party. guilty party forfeits all rights acquired by marriage.

i-ino and im- Sec. 8. It shall be the duty of the Courts of Probate
Pcrson"w^io0f m their respective counties, to punish by tine or imprison-
■rek tosepar- mert, or both, at their discretion, any person or persons
uTr"US,'a,ld &who shall stir up unwarrantable litigation between hus-
band and wife, or seek to bring about a separtion between
them.

Approved March Gth, 1852,

AN ACT IN RELATION TO MARKS AND BRAND .S-

Sec. 1. Be it enacted by the Governor and Legislative
General office Assembly of the Territory of Utah, That the General office
murks and for recording marks and brands shall be kept at the seat
brands. 0f government, and the recorder thereof shall be elected

Biection of re-DV the Legislative Assemby, and his term of office shall
be four years, and until his successor is elected and quali-
fied.

Sec. 2. There shall also be an auxiliary recorder's of-
Auiihary of* gce .^ cvery 0tfcer county in this Territory, the duties v(

which are hereby devolved upon the county clerks of their
respective counties.

Sec. 3. It shall be the duty of the recorder at the
seat of government, to keep a fair and faithful record ofand brand?
all marks and brands, in a book suitable for the purpose,
which shall be free for the inspection of all persons inter-
ested. Said record shall show the name of each owner
of the mark or brand so recorded, together with their
place of residence; and it shall be his duty to define and
designate the particular mark or brand to be used by
each individual applying therefor.

Sec. 4. It shall be the duty of the recorder to con- Application for
suit the convenience of each person applying for a mark or*,.™^* °r
brand: Provided, The mark or brand so applied for has
not previously been given, or recorded to some other per-
son, and to furnish to any person desiring it, a certificate
of his or her brand: Provided also, If a character is want-
ed for a brand for which there is no type, the person ap-
plying therefor shall pay the extra expense thereof.

Sec. 5. It shall, be the duty of the general recorder^"1*/1 c°PJ.ei\

... . . . /. i-i i ii i , to be furnished

to furnish printed copies ol all marks and brands to theeach county,
clerks of the different counties, where such auxiliary of-
fice is established, to the amount that shall be applied and
paid for at the rate of twenty five cents for each printed
sheet so printed, of common writing paper, printed on
four sides.

Sec. 6. Whenever any person wishing to obtain a re-bVmade7n the
corded mark or brand, application therefor shall be madecomty wher*
to the general recorder's office, at the seat of government^elide?!1™"
and if said applicant resides in any other county, than
the one in which the seat of government is located, said
application shall be made to the auxiliary office in said
county; and it shall be the duty of the clerk of the county
court in such county, to report said application, if thereRe nrtstoth(,
shall be any on hand, once a month, to the general record-general office
er's office; and when said mark or brand is received, toonceamonSh
make an entry thereof in a book suitable for the purpose,
to be kept in his office, free to the inspection of all per-
sons interested, and upon the reception of a certificate of
a brand, to deliver the same to the said applicant; he shall
also keep free to the inspection of all persons, a sopy of
6

all the marks and brands recorded in the Territory, which
shall be furnished him by the general recorder. Copies
of all the recorded marks and brands shall be furnished
said county clerks, or upon the completion of every suc-
ceeding sheet.

Estra animals- Se° ?* Any Person finding cattle or any animals, hav-
wit/nSEto!**"^ recorded marks or brands, in any enclosure or other
brands. piace where they may be doing damage, shall immediate-

ly secure and take good care of the same, and search
diligently for the owner thereof, and restore the animal or
animals to the said owner, if the same can be found, and
the owner shall be liable for all reasonable costs and dam-
ages. And if said owner cannot be found alter diligent
search, said animal or animals may be driven to the stray
pound.

Sec. 8. It shall be the duty of every person, selling

animaeisSathe° or disposing of any animal having a recorded brand to

brand must be reverse the same on said animal; but if any person shall

alter or deface any recorded brand on any animal, or

place or cause to be placed, his own or other brand on

any animal not belonging to said individual, any person

so offending, shall be subject to any or all the penalties of

altering brandsthis act, together with further punishments, applicable to

felonious offences at the discretion of the court having

jurisdiction.

Duty of the ^EC- 9- Whenever any animal or animals having re-
keeperofestraycorded brands are put into the estray pound, it shall be
the duty of the overseer or keeper of the estray pound, to
use due diligence to ascertain the owner or owners of said
stock, both by reference to the record of brands and oth-
erwise, and to notify the owner or owners of the same if
known, or publish the same with the marks or brands, in
four public places in the county, or some newspaper hav-
ing general circulation in said county within three days
from the time said stock are put in the pound.

outiesofpound Sec. 10. It shall be the duty of the pound keepers,
public" officers. an^ it is also required of all public officers of the Terri-
tory in their respective counties or precincts, to examine
all trains and droves of cattle passing through their res-
pective counties; and if they shall find any such animal
or animals having recorded brands, which said brands do

not belong to the individual purporting to own said ani-
mal or animals, and the same has not been reversed there-
on, to take the said animal or animals into their custody
as stolen property, and advertise the owner of said brand
thereof, who shall be liable for all expense and damage
so incurred, if it shall appear that he has disposed of said
animal or animals without reversing his brand.

Sec. 1 1 . The clerks of the auxiliary offices in theirFee9 of clerks
respective counties, shall receive and forward a fee of fifty
rents to the general recorder for each mark or brand applied
for, as also twenty five cents for each sheet of copies of
printed brands required. And he may receive the sum
of twenty five cents for his own fee for every brand ap-
plied for through his office, which shall be in full for his
services.

Sec. 12. The brands now recorded, and hereafter to,, * . .

,-...,. , Marks & bran at

be recorded, shall be arranged for distribution to the sev-ciassed.
eral counties, under the head of their several counties,
so that all marks and brands owned in one county, shall
be classed together, distinguishing at the head of each
list, the name of the county in which they belong.

Sec. 13. The pound keepers in their respective coun-E
ties, shall gather up all estrays therein, and after comply-istobe done
mg with the requirements of this act in relation to seekingWIth them*
diligently for the owner, shall take a true description of,
and value each estray remaining in his custody; and after
advertizing the same as herein required, devote all such
estrays or the proceeds arising from the sales thereof to
the benefit of the Emigrating Fund, the company of which
shall pay over the appraised value of such estrays to the
owner of said estrays if found after deducting all expen-
ses and reasonable charges incurred.

Sec. 14. Any officer or individual violating any pro-P<?naities.
visions of this act, shall be liable to a penalty of not less
than one dollar, nor exceeding one thousand dollars, at
the discretion of the Court having jurisdiction thereof.

Sec. 15. All acts and parts of acts heretofore passed Acts repealed_
in relation to marks and brands, are hereby repealed:
Provided, Marks and brands heretofore recorded, shall beProviso.
■*nd remain valid.

vmmaison Sec 16. Nothing herein shall be so construed, as t<
theu range. interfere ^^ peaceable animals running on their accus

tomed range, unless they are known to be estrays.

irrespective of any mark or brand.
Approved March 1st, 1852.

AN ACT REGULATING THE PASSING AND MEET
ING OF TEAMS ON THE PUBLIC HIGHWAYS.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That whenever it is neces
v aiow iramtosary for a fast travelling team to pass .a slower one, it shall
let a fasuonc ^e t]ic <juty 0f t\ie teamster of the slow team to give the
other a convenient opportunity to do so, if it can be done
without endangering his own.

Sec. 2. Whenever teams of any kind meet, each shall
meeting to turn to the right, so as to give the other half of the travel-
led part of the road, whenever it can be done with safety

mm to the
right.

Sec. 3. Any person neglecting to conform to the pro-
, naitics. visions of this act, shall be liable to pay all damage accru-
ing therefrom, and be fined at the discretion of the Court
having jurisdiction in the case.

Approved. March 3. 1852.

AN ACT TO PROVIDE AGAINST DISTURBLM.
RELIGIOUS MEETINGS, OR LAWFUL ASSEM
BLIES OF THE PEOPLE.

Sec. 1 . Be it enacted by the Governor and Legislative
Fine o^umis- Assembly of the Territory of Utah, That any person or per
«muicnttWdis-sons Av-ho shall wilfullv disturb any Religious meeting or
!rieusmeetings.lawful assembly of the people, by noisy or riotous ac-
tions, menaces, ludicrous language, or threats, shall b'

nable to arrest by any officer of the peace, and fined in any
sum not less than five, nor over five hundred dollars, or
imprisonment not over six months, at the discretion of the
t^ourt having jurisdiction.
Approved, March 3, 1852.

AN ACT IN RELATION TO PROFANITY AND
DRUNKENNESS.

Sec. 1. Be it enacted by the Governor and Legislative As- Profeners
sembty of the Territory of Utah, That it shall be unlawful
rouse, with disrespect, the name of the Deity; and any
person profaning the name of God shall be subject to fine,Fine
not lesS than two, nor more than ten dollars, or from one
to five days hard labor on the public highway, at the dis-
cretion of the Court.

Sec. 2. Any person who shall become publicly intox-Drunkeiiness.
ii-ated, so as to endanger the peace and quiet of the com-
munity, shall be liable to arrest by any officer of the peace,
and fined in any sum, not less than one, nor more than tenrine
dollars, at the discretion of the Court.

Approved, March 3, 1852.

AN ACT CONCERNING NOTARIES PUBLIC.

Sec. 1. Be it enacted by the Governor and Legislative As-
<rmbhf of the Territory of Utah, That there sh|dl be elected {J^jgJjJ,
by the joint vote of both Houses of the Legislative assem-
bly, one Notary Public for each organized county in this
Territory, who shall exercise said office, for and within the
county, in which he resides; and the counties thereunto
attached for judicial purposes.

Sec. 2, Each and every Notary Public, before he en ■

Kond ami secu-ters Up0n the duties of his office, shall take the oath of of-
fice, for the faithful discharge of his duties, and shall give
bond with sufficient surety, to be filed in the office of the
Probate Judge, in the penal sum of five hundred dollars,
conditioned for the faithful discharge of his office.

Sec. 3. In case of any vacancy by removal or resigna-

canc^thecoun-tion, the records of said Notary Public, together with all

ty clerk to takethe papers relating to the office, shall be deposited in tin-

cords. office of the county Clerk, in the county in Avhich the said

Notary Public resides.

Sec. 4. And in case of neglect or refusal to oomph
a faiimc to with the requisitions of this act, and of failure to transmit
comply with sucrj records as aforesaid, within the space of three months.

this act incurs . J :, , f

a fine, &c. the said JNotary Public shall forfeit and pay a sum not less
than fifty dollars, nor more than five hundred dollars; and
if any executor or administrator of any deceased Notary
Public, shall neglect to lodge such records or papers, as
aforesaid, which come into his hands, in the county Clerks
office, within the space of three months after the accept-
ance of that trust, he shall forfeit and pay a sum not less
than fifty dollars, nor more than five hundred dollars: ard
if any person shall knowingly destroy, deface, or conceal
, , any record or papers of anv Notary Public, he shall forfeit
agesfordes- and pay the above sum, and shall be moreover, liable to
troyin? papers,an ac{jon for damages by the party injured.

Sec. 5. It shall be the duty of each and every Notary
Protestation ofPublic, when any bill of exchange, promissory note, or
notes, &c other written instrument shall be by him protested, for
Notice tobe non-acceptance or non-payment, to give notice, in writing
given. thereof to the maker, and each and every endorser of a bill

of exchange; and to the maker or makers of, and each and
every security or endorser of any promissory note, or oth-
er written instrument, immediately after such protest shall
have been made.

itecord of no- Sec. 6. Each and every Notary Public shall keep a
nces, &c. record of all such notices, and of the time and manner, in
which the same shall have been served, and of the names
of all the parties to whom the same were directed, and the
description and amount of the instrument protested; which
record shall at all times, be competent evidence to prove
such notices, in any trial, before anjr Court in this Terri-
tory, where proof of such notice may become requisite.

Sec. 7. It shall be the duty of the several Clerks of the00™1? clerk*
«ounty Courts, to receive and keep safe all the recordssafe. P
and papers directed by this act to be deposited in their
office, and give attested copies of any of said records or
papers, "when required; and copies so given by the said
Clerk, are hereby declared to be as valid as if the same
had been given by the said Notaries Public; all forfeituresDisposition of
under this act shall be, one half to the use of this Territo-f°rfeitures-
ry, and the other half to him or them who shall sue fo r
the same, to be recovered in an action of debt in any
Court having jurisdiction of the same, in the county where
such Notary Public shall reside.

Sec. 8. Full faith and credit shall be given to all theFull faitil in
protestations, attestations, and other instruments of pub-t'ieactsofno-
lication of all Notaries Public now in office, or hereafter ari
to be elected under the provisions of this act.

Sec. 9. Notaries Public may also take acknowledg-^cknowiedg
ments of deeds, wills, bonds, &c, and do all other business^,-,
pertaining to his office.

Approved, March 3, 1852.

A PREAMBLE AND AN ACT FOR THE FURTHER RELIEF
OF INDIAN SLAVES AND PRISONERS.

Whereas, By reason of the acquisition of Upper California and New
Mexico, and the subsequent organization of the Territorial Govern
ments of New Mexico and Utah, by the acts of the Congress of the
United States; these Territories have organized Governments with
in and upon what would otherwise be considered Indian Territory.
and which really is Indian Territory so far as the right of soil is in-
volved ; thereby presenting the novel feature of a. white legalized
Government on Indian lands; and

Whereas, The laws of the United States in relation to intercourse
with Indians are designed for, and only applicable to Territories, and
Countries under the sole and exclusive jurisdiction of the United
States; and

Whereas, From time immemorial, the practice of purchasing In-
dian women and children, of the Utah tribe of Indians by Mexican
traders, has been indulged in, and carried on by those respective peo-
ple; until, the Indians consider it an allowable traffic, and frequently
offer their prisoners or children for sale; and

Whereas, It is a common practice among these Indians to gamble
away their own children and women; and it is a well established fact,
that women and children thus obtained, or obtained by Avar, or theft,
or in any other manner, are by them frequently carried from place to
place; packed upon horses or mules; larietted out to subsist upon
grass, roots, or starve; and are frequently bound with thongs made
of raw hide, until their hands and feet become swollen, mutilated,
inflamed with pain, and wounded; and when with suffering, cold,
hunger, and abuse, they fall sick, so as to become troublesome, are
frequently slain by their masters to get rid of them; and

Whereas, They do frequently kill their women and children taken
prisoners, either in revenge, or for amusement, or through the influ-
ence of tradition, unless they are tempted to exchange them for trade,
which they usually do it they have an opportunity; and

Whereas, One family frequently steals the children and women of
another family, and such robberies and murders are continual!} com-
mitted, in times of their greatest peace, and amity; thus dragging free
fndian women and children into Mexican servitude and slavery, or
death, to the almost entire extirpation of the whole Indian race; and

Whereas, These inhuman practices are being daily enacted before
our eyes in the midst of the white settlements, and within the organ-
ized counties oi the Territory; and when the inhabitants do not pur-
chase or trade for those so offered for sale, they are generally doomed
to the most miserable existence; suffering the tortures of every spe-
cies of cruelty, until death kindly relieves them and closes the revol-
ting scenery:

Wherefore, When all these facts are taken into consideration, it
becomes the duty of all humane and christian people to extend unto
this degraded and downtrodden race, such relief as can be awarded
to them, according to their situation and circumstances; it therefore
becomes necessary to consider;

First; The circumstances of our location among these savage tribes
under the authority of Congress, while yet the Indian title to the
soil is left unextinguished ; not even a treaty having been held, by
which a partition of territory or country has been made, thereby

bringing them into our door-yards, our houses, and in contact with
our every avocation.

Second; Their situation, and our duty towards them, upon the
I'ommon principles of humanity.

Third; The remedy or what will be the most conducive to amelio-
rate their condition, preserve their lives, and their liberties, and re-
deem them from a worse than African bondage ; it suggests itself to
vour committee that to memorialize Congress to provide by some act
of National Legislation for the new and unparalleled situation of the in-
habitants of this Territory, in relation to their intercourse with these
tndians, would be one resource, prolific in its results for our mutual
benefit : and further, that we ask their concurrence in the following
enactment, passed by the Legislature of the Territory of Utah, Jan-
uary 31, A. D., 1852; entitled,

AN ACT FOR THE RELIEF OF INDIAN SLAVES
AND PRISONERS.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly &f the Territory of Utah, That whenever any whiteArywhitcper_
person within anv organized county of this Territory, shall*™ having in-

. . • -t • (J i.'in prisoner

have any Indian prisoner, child or woman, in his posses-s;]a]i g0 befom
sion, whether by purchase or otherwise; such person shall1 »}»*» J«*P>

... J " . , _ ' ■ i-ii W Select men

immediately go. together with such Indian prisoner, child,
or woman, before the Select men or Probate Judge of the
county. If in the opinion of the Select men or Probate
Judge the person having such Indian prisoner, child, or
woman, is a suitable person, and properly qualified to raiseCwm
or retain and educate said Indian prisoner, child, or wo-bindcut such
man; it shall be his or their duty to bind out the same™™ for 20
by indenture for the term of not exceeding twenty years,
at the discretion of the Judge or Select men.

Sec. 2. The Probate Judge or Select men shall cause Probate Jud(ie
to be written in the indenture; the name, and age; places select men
where born, name of parents if known; tribe to which said^e'&J^f pW
tndian person belonged; name of the -person having himonerm thein-

r . r t t r i ■ ^ denture.

in possession; name ot Indian from whom said person was
obtained; date of the indenture, a copy of which shall be
tiled in the Probate Clerk's office.

Sec. 3. The Select men in their respective counties, Select men to
nre hereby authorized to obtain such Indian prisoners, su"h prisoners

94
in their respec-g^ii^j-gn or women, and bind them to some useful avoca

tive counties.

tion.
., . Sec. 4. The master to whom the indenture is made,

utaster is re- . . . , . . . . . , '

(luired to sendis hereby required to send said apprentice to school, it
l!^'™™Pfri!!on~there be a school in the district, or vicinity, for the term

ci o in on i us ^ « '

each year to of three months in each year; and at a time when said In-
dian child shall be between the ages of seven years and
sixteen. The master shall clothe his apprentice in a com-

To clothe themfortable and becoming manner, according to his, said mas-

comfortably. ters> condit}on in life.

Approved, March 6, 1852.

AN ACT IN RELATION TO THE ASSEMBLING; OF
INDIANS.

Sec. 1 . Be it enacted by the Governor and Legislative
Indian traders Assembly of the Territory of Utah, That if any Indian
assembling in-trader or traders, shall by any notice, or previous ar
ity of whito" rangement, assemble or cause to be assembled, any number
settlements. 0f Indians, within the neighborhood, or immediate vicin-
ity of any white settlement in this Territory, for the pur
pose of trading with them, to the annoyance of the citi
zens, or any neighborhood in this Territory, he shall be
considered as breaking the peace, and may be proceeded
against by any citizen of this Territory, in a suit at law.
Fine. 'and may be fined in any sum not less than twenty five

dollars, nor exceeding one thousand dollars, at the dis-
discretion of the Court having jurisdiction.
Approved March 3d, 1852.

AN ACT TO REGULATE SURVEYORS AND SUR-
VEYING.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That the office of county

surveyor, be and hereby is created; and that there shallCoumy Bnmj
be a county surveyor, to be elected in each county, by
the qualified voters at the next general election, whose
term of office shall be two years, and until his successor
in office shall be qualified.

Sec. 2. The county surveyor shall before entering- up-Bond an. j ;™u
on the duties of his office, take an oath of office and giv»m,es"
bonds, and security to be approved by the Probate Judge,
and to be filed in the office of the clerk of the Probate
Court.

Sec. 3. The county surveyor shall within thirty davsCopies of su>

. . J ' i ± -j- veytobetran*

after completing any survey, make true copies, or Qia-mjUe(i to sur
grams of the same, and transmit one to the surveyor gen-vey°r eenpral-
eral, and one to the county recorder; and give a certifi-
cate of such survey, to the person for whom it was made,
describing the tract, block or lot, and number of acres
•contained"; and such certificate shall be title of possessionCcrtifiCL:' •
to the person or persons holding the same.

Sec. 4. Where any survey has been made within thisFirst resurvp>
Territory, and the bounds cannot be identified, and dis-
putes arise between rightful claimants, respecting said
line and bounds, the parties so in dispute, or either of
them, may, by notifying the other party, of his, hfir, or
their intention, have a re-survey of the said lands so in
dispute, to be re-surveyed by either the surveyor general,
or the county surveyor, at the option of the party, or parties
so requiring such re-survey. Should the parties or either
of them be dissatisfied with such re-survey, they, or either
of them, may, at his, her, or their expense, have another

i i ,i xi i j m becond tr sui

re-survey by both the surveyor general and county sur-V9y.
veyor, whose duty it shall be to make the re-survey as
near like the former survey as they can, and such re-sur-
vey shall be final, and establish such bounds.

Sec. 5. Where any transfer shall be made of anyTransfer o!
surveyed lands, or part or parts thereof, it shall be theiands.
duty of the transferer, to certify in writing such transfer
to the person to whom the transfer is made, with a full
description of what part or parts, how much or length of
line or lines, and number of acres, and the person or
persons, to whom transferred; to legalize a claim to such
land, shall within thirty clays thereafter cause such trans-
fer to be recorded in the county recorder's office.

Sec 6. If any surveyor shall survey land or lands for

Survey may bethe purpose of cultivation, where to irrigate it, would rob

other previously cultivated lands of the needful portion

of water, such last survey shall be void for cultivating

purposes.

Sec. 7. Whenever a surveyor shall survey a piece of
M»'nate°inreiDan.l, for a joint enclosure, he shall plot, and number the
tmn to fence. fence arouivl the survey, noting the length of each per-
sons portion of fence.

Sec. 3. All books, records, plots, and papers of surveys

«°»ks&b.wrastnia{Je within the Territory, kept by, and in the possession

to successor, of the surveyor general appertaining to his office, are

hereby made the property of the said Territory, and it

shall be his duty to transmit the same to his successor in

office.

Sec. 9. Surveyors' fees shall be regulated as follows:
For surveying twenty acres, ... §32,00

" thirty acres, - - - 2,50

" forty acres, - 3,00

'* sixty acres, - - 3,50

" eighty acres, - - - 4,00

" one hundred acres, - - - 4,50

" one hundred and twenty acres, 4,75

" one hundred and sixty acres, - 5,00

" three hundred and twenty acres, G,75

" six hundred and forty acres, - 8,50

and for traveling to and from, ten cents per mile: Provi-
ded, That if more than one piece is surveyed at the same
time, in the same place and journey, the taveling fees for
mileage shall be apportioned according to equity: Pro-
vided, That the route to survey through, shall be bad, and
rough, in such case, the surveyor shall be allowed to
charge in proportion, to make it equal to a good route.

Governor to Sec. 10. The Governor is hereby authorized to appoint
appoint cuuntyail{j commission the contemplated county surveyors of this
Territory, who shall continue in office during the pleasure
of the Governor, or until the next general election.
Approved March 3, 1852.

AN ACT AUTHORIZING THE FOREMAN OF
GRAND JURIES TO ADMINISTER OATH.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That the foreman of all
Grand Juries while in session within this Territory, are,, ,

. 11 oreur.an tau j

hereby authorized to issue process, and compel the at-issue process \«
tendance of Avitnesses, to give evidence in any matter of^endancoof "'
inquiry before said Grand Jury; and the foreman may witness and .ad
administer oaths or affirmations to the witnesses thus inmm,b
attendance.

Sec. 2. That if any person or persons, after being duly
notified (as contemplated in the first section of this act,)^tetres°,"sJ"|.to
shall fail to attend, or shall wilfully refuse to testify, shalhuse to teenij .
be subject to such penalties as are, or may be hereafter 10w pun
provided by law, regulating the courts of this Terri-
tory.

Approved March 3, 1852.

AN ACT IN RELATION TO COMMON SCHOOLS.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That it shall be the duty
of the county court in each county, to divide, or cause toschooi districts
be divided, their respective counties into proper school school trusts-
districts, and cause to be elected by the qualified votersJlow etccle(i:

,. . , J ^ ... they may ap

m each district, three trustees, who may appoint theiri>oint a alert
own clerk.

Sec. 2. It shall be the duty of the trustees so electedDuty of mis-
to superintend the school in their respective districts; alsotcesand r
;;he erection of school houses, the furnishing of fuel &c.
It shall be the duty of their clerk to keep and preserve
their records, and report to the county court at their first
session in each year, the number of scholars in their res-
pective districts.

Sec. 3. It shall further be the duty of the county courtcom.ty court
to appoint in their respective counties a board of examin-j?f manage** ''
ation, to consist of three competent men, whose duty it shalltheir «•«>«"•

be to hear and determine the qualifications of school teach
crs, and all applicants of a good moral character that are
considered competent, shall receive a certificate to that
effect, signed by the board.

Sec. 4. That the trustees so elected shall have power

to assess and collect a Tax upon all taxable property in

««uand coiiecisaid district, for the purpose of building and keeping in

repair suitable school houses, in their respective districts.

In order to complete the collection ot the Tax, in case of

the refusal of any person to pay the Tax assessed, upon

Topayta*es being duly notified thereto, the trustees have power to

™LnT&rea\f(^sPyse °* Personal and rea^ estate, and any conveyance

esftate. made upon such sale shall be deemed valid.

Approved March 3d, 1852.

AN ACT IN RELATION TO UTAH LIBRARY.

Sec. 1. Be it enacted by the Governor and Legislative As-

sembly of the Territory of Utah, That a Librarian shall be

Librarian, howelected by a joint vote of the Legislative Assembly of the

.-.e-cted. Territory of Utah, whose duty it shall be to take charge

of the Library, (known in law as the Utah Library) as

hereinafter prescribed.

Sec. 2. Said Librarian shall hold his office during the

Term of ofnce,term 0f tw0 yCars> or until his successor is appointed, and

auaiif st ivesha11 Sive bonds for tne faithful discharge of his duties in

band*/ g'Vethe sum of six thousand dollars, and file the same in the

office of Secretary of the Territory before entering upon

his duties, who may also appoint a deputy as occasion re-

May appoint quires to act in his stead under the same restrictions as the

principal Librarian.

Sec. 3. It shall be the duty of the Librarian to cause
to be printed at as early a date as practicable, a full and
S o{ Librnr accurate catalogue of all books, maps, globes, charts,
papers, apparatus and valuable specimens in any way be-
longing to said Library; also to use diligent efforts to pre-
serve from waste, loss or damage, any portion of said
Library.

Sec. 4. It shall be the duty of the Librarian, for andLibrarian t0

_ . „ , ™ .. f -f-r, i '■■ ■,-. prosecute or

in behalf of the Territory of Utah, to plant suits, collectdefend in ail

vheret
is a par

fines, prosecute or defend the interests of said Library, ©r^^f er

otherwise act as a legal plaintiff or defendant in behalf ofty.
the Territory, where the interests of the Library are con-
cerned.

Sec. 5. The location of the Library shall be at the seatLibrary kepi at
of government of the Territory of Utah; and it shall be™2? gov
the duty of the Librarian to have all the books of the Li-
brary orderly and properly arranged within the Library
room* for the use of such officers and persons as are nam-who shall be
ed in the fourteenth section of the Organic Act for Utah^remb^0ekds^c
Territory, during each session of the Legislative Assemblyo; Litoa«y.
of Utah: Provided, however, that nothing herein contain-
ed, shall debar the Librarian, in vacation of the Legisla-
tive Assembly from permitting books, maps, and papers
being drawn from said Library for professional and scien-
tific purposes by officers of the United States, and of Utah
Territory, and other citizens of Utah, where the Librarian
shall judge the public good may justify.

Sec. 6. It shall be the duty of the Librarian to letT ., , , ,

- . . . J . . . Librarian to let

out books for a specified time, and call in the same wnenout books &c,
due, inflict fines for damage or loss of books, and collectkJehP;a^™n*s
the same, and keep an accurate account of all his official
doings in a book kept for that purpose, and make an an-Make annual
nual report of the same to the Legislative Assembly of,reet^["t*°ethe
Utah: Provided, That no fine shall be excessive, or more
than four times the purchase price of the book or books,
for the loss or damage of which the fine may be inflicted.

Sec. 7. The Librarian is hereby entitled to draw fromLioftmm> draw
the Treasury of Utah for the current year as compensa-Treasury on«""
tion for his services, the sum of four hundred dollars, notritory-
otherwise appropriated; also the sum of two hundred dol-
lars to defray the .expenses of stationery, printing cata-
logue, and other contingencies.

Sec. 8. The foregoing act shall be in force after its
passage; any previous law to the contrary notwithstand-
ing-

Approved March 6, 1852.

100
APPROPRIATION BILL.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory 'of Utah, That there be paid
out of the sum appropriated by Congress for defraying
the expenses of the Legislative Assembly of this Territory
for the year ending-June the thirtieth, one thousand eight
hundred and fifty-two, the following amounts, viz:

tr.c. TtiMim To W. C. Staines for stationery furnished the Legist
ture as per bill No. 1, sixty-eight dollars and eighty cents.
- , <? To W. Woodruff for stationery furnished the Legislature

-,V. \\ ocdruff. j ., J °

as per bill No. l2. ten dollars.
■jhj. To T. S. Williams, for wood, stationery, tables, stands,
furnished the Legislature as per bill No. 3, one hun-
dred and eighty-live dollars and forty cents.
w.H.Kim3^. To W. H. Kimball for penknives furnished the Legisla-
ture as per bill No. 4. thirty -two dollars and seventy-fivr
c •_•:'."
Livingston & To Livingston k, Kinkead for window shades, candle-
Kmkead. sticks, pitchers, tumblers, candles, Arc, furnished the Le-
gislature, as per bill No. b, sixty dollars and seventy-eight

063

To Hollidav d: Warner for penknives, buckets, pitchers.
£££[* candles, Ac, furnished the Legislature, as per bill No. 6,
one hundred and fifty-one dollars and forty-one cents.
skafc. To E. C. Clark, for thirty-seven chairs furnished the Le

gislature, as per bill No. 7. one hundred and twelve dol-
lars.

To E. D. Woollev, for stationery, wood, clocks, &c.
E.D.wooiie7. furnished the Legislature, as per bill No. 8, one hundred
. :hirtv-six dollars and fifty cents.

To sundry Judges and Clerks, for services at the gen
cierk* ofeicc- eral and special elections, held in this Territory for the
election of the Legislative Assembly thereof, and for tin
payment of the guards and transmitting the returns of said
election through the Indian country to the seat of Govern
ment, as per bill No. 9. seven hundred and seventy-three
dollars and eighty cents.
, To W. Richards, for extra papers furnished the Hou><

of Representatives, and the -'Deseret News" for eacr.
member of the Legislature, as per bill No. 10, two hur:
dred and one dollars.
^ To B. H. Young, for printing the Governors message-
and other incidental printing expenses for the Legislature

101

as per bill No. 11, two hundred and sixty-five dollars and
twenty-five cents.

To W. C. Staines, Librarian, as per bill No. 12, twow.c.staine.-
hundred and twenty-two dollars.

For compensation and mileage of the members of the9rmP*nsatiD7
Legislature, five thousand one hundred and sixty dollars. the Legotoim

To A. Carrinarton, chief Clerk of the House of Repre- ^emb1^-
sentatives, forty days, and for twenty days extra service,
three hundred dollars.

To J. Grimshaw, assistant Clerk of the House of Repre-j.Grimsha^
sentatives, twenty days extra service, and twenty-five days
as assistant Clerk, one hundred and thirty-five dollars.

To W. Thompson, Reporter, twenty-six days in thew. Th&mpBc-
House of Representatives, seventy-eight dollars.

To the Rev. D. Pettegrew, for services as Chaplain ofDPettegrew
the House of Representatives, thirty-eight days, one hun-
dred and fourteen dollars.

To J. Cragun, for services as Sergeant-at-arms, for theJ'CrasUE-
House of Representatives, forty days, one hundred and
twenty dollars.

To A. L. Fullmer, for services as Door-keeper of the4LFullnK
House of Representatives, thirty-three days, ninety-nine
dollars.

To A. L. Fullmer, for services as assistant Door-keeper A.L.Fuiim«.
of the House of Representatives, seven days, twenty- one
dollars.

To H. E. Phelps, for services as fireman, seven days,H.E.p>ieip;
and assistant Doorkeeper, thirty-three days, for the
House of Representatives, one hundred and twenty dol-
lars.

To R. Badger, for services as Messenger for the Houses.B idgei
of Representatives, forty days, one hundred and twenty
dollars.

To H. P. Richards, for services as assistant MessengerH.p.Rid::,
for the House of Representatives, forty days, one hundred
and twenty dollars.

To Homer Duncan, for services as Fireman fortheHr'—
House of Representatives, thirty-one days, ninety-three
dollars.

To J. Haven, for services as assistant Clerk for theJHaTen'
House of Representatives, nine days, twenty seven dol-
lars.

To the Rev. D. Cam, for services as Chaplain, for theD-Cani
House of Representatives, two days, six dollars.

To John Oakley, for services as assistant Clerk of thej.oakiej

102

House of Representatives, seven days, twenty-one dollars.
j.L.Smiib. To J. L. Smith, for services as Door-keeper, for the

House of Representatives, seven days, twenty-one dol-
lars.
rfpeakpr. rp0 the Speaker of the House of Representatives,

forty days, one hundred and twenty dollars.
H.Corey. To H. Corey, for services as Clerk of the Council, nine

days, forty-five dollars.
j.Ferguwn. To J. Ferguson, for services as Secretary of the Coun ■

cil, thirty days, one hundred and fifty dollars.
..„ To J. Ferguson, for extra services in preparing Bills,

&c, twenty days, one hundred dollars.
j.Ctoin. To J. Cain, for services as assistant Clerk of the Coun-

cil, forty days, one hundred and twenty dollars.
lUOMtopbeii. To R. Campbell, for services as engrossing Clerk for

the Council, thirty days, ninety dollars.
d„ To R. Campbell, for extra services in copying Bills, <fec,

twenty days, sixty dollars.
u.D.Wau. To G. D. Watt, for services as Reporter for the Council,

thirty days, ninety dollars.
John Smith. To the Rev. John Smith, for services as Chaplain for

the Council, forty days, one hundred and twenty dollars.
iv.H.Kimball. To W. H. Kimball, for services as Sergeant-at-arms for

the Council, forty days, one hundred and twenty dollars.
u.D.Gnmt. To G. D Grant, for services as Door-keeper of the

Council, forty days, one hundred and twenty dollars.
w.e.staine*. To W. C. Staines, for services as Messenger of the

Council, forty days, one hundred and twenty dollars.
j.Sbipiey. To J. Shipley, for services as Fireman for the Council,

forty days, one hundred and twenty dollars.
president of q t^ President of the Council, forty days, one hun-

< OUJICl!. ill

dred and twenty dollars.

Public works. To the Public Works, for fitting up rooms for the Li-
brary, as per bill No. 13, two hundred dollars.

i , D.Watt. To G. D. Watt, for extra services in writing out reports,

twenty days, sixty dollars.

_, Haven. To Jesse Haven, for services for extra clerking for com-

mittee, three days, nine dollars.
.s. Williams. To Thomas S. Williams, for articles furnished the Fur-
nishing committee, as per bill, twenty -two dollars.

E.D.wooiiey. To E. D. Woolley, for candles, stationery, &c, as per
bill rendered, fifty-four dollars.

K.Hur^r. To E. Hunter, "assistant Trustee in Trust, &c. for rent

of Council House for the Legislative Assembly, wood,&c,

103

as per bill rendered, seventeen hundred and twenty dol-
lars and twenty -five cents.

To B. H. Young, for printing Governor's commissions, B.H.Young,
proclamations, &c, as per bill rendered, forty-eight dol-
lars.

To W. Richards, for printing blanks (election notices, )vv.Ricnards.
advertising proclamations, &c, as per bill rendered, sev-
enty dollars and fifty cents.

Sec. 2. Be it further enacted, That there be paid out of
the sum appropriated by Congress for defraying the ex •
penses of the Legislative Assembly of the Territory, for
the year ending June 30th, 1851, the following, viz :

To T. Bullock, as agent for taking the enumeration, ofT-Bulloek-
the Territory of Utah, previous to the first election for the
Legislative Assembly of the Territory on the first Monday
of August last, two thousand dollars.

To J. L. Heywood, for expenses and services in puttingJ-L-He5'wood
up election notices, and circulating the Governor's procla-
mation, three hundred dollars.

To Edward Hunter, assistant Trustee in Trust, <fec, forE Iiunter
rent of Council House, wood, candles, paper, ink, quills,
&c, as per bill rendered, four hundred and twelve dollars
and twenty-five cents.

For compensation and mileage for the members of theComBtioh
General Assembly of the State of Deseret, and for officers"ii!ea-Te,&c.,r.t
of the two Houses, incidental expenses, &c, as per billDeferetfor'5].
rendered, for the year ending June 30th, 1851, four thou-
sand three hundred and fifty-nine dollars and forty cents.

To Willard Richards, for services as Secretary of thew.Richards.
State for 1850-51, as per bill rendered, one thousand dol-
lars.

To William Clayton, for services as Auditor of accounts w.ciau.-r
for 1850 and 51, as per bill rendered, eight hundred dol-
lars. N

Printing ordinances, laws, and proclamations of the For Printing.
Governor of Deseret for 1850 and 51, as per bill rendered,
three hundred and twenty -three dollars and seventy cents.

To Brigham Young, for services as Governor of theG9v Yo
State of Deseret, for the year ending June 1851, and also
superintendent of Indian affairs, as per bill rendered, two
thousand five hundred dollars.

To Hosea Stout, for services and fees as Attorney Gen-11-^™*

104

eral of the State of Deseret for the years 1850 and 61, a*

per bill rendered, five hundred dollars.
D.H.We'is. To Daniel H. Wells, for services as Chief Justice, from

March 1st, 1850, to June 1st, 1851, as per bill rendered.

two thousand and fifty dollars.
D.Spencer. To Daniel Spencer, as first associate Justice, for ser

vices from March 1, 1850, to June 1, 1851, as per bill ren

dered, two thousand and fifty dollars.
O.Spencer. <p0 Orson Spencer, for services as second associate Jus

tice, from March 1st, 1850, to June 1st, 1851, as per bill

rendered, two thousand and fifty dollars.

To sundry Judges. Clerks, and Sheriffs, for services
judges, &c.,of rendered at elections in the year 1850, and making out

and transmitting the same to seat of Government, as per

bill rendered, seven hundred and seventy-three dollars

and eighty cents.
Competition, For compensation and mileage for the members of the
LegteiatuM of General Assembly of the State of Deseret, and for officers
1850. of the two Houses, incidental expenses, &c, as per bill

rendered, for the year ending June 31st, 1850, five thou

sand three hundred and sixty five dollars.

To James Ferguson, for services as Adjutant General
j.FergujDn. of the Militia during the years 1850 and 51, as per bill.

five hundred dollars.

Approved, March 6. 1852.

AN ACT REGULATING ELECTIONS.

Sec. 1. Be it enacted by ike Governor and Legislative As
General etet- 9emjtfy 0f the Territory of Utah, That there shall be a gen-
eral election held on the first Monday of August in each
year, for the election of all officers not otherwise provided
for by law,

S^ppomtn Sec. 2, Every precinct shall compose an elect orial dis
pi?,ce for eke frict, and the county Courts of each county shall name a
house or place in each precinct, where the election shall
be held, and appoint three judges of said election.

Sec. 3. The electors of every precinct have the right
JKS&^to appoint judges, and regulate their own election, if not
otherwise provided for.

105

Sec. 4. It shall be the duty of the clerks of county courtsCIerk °f«mnty

... . i , % ,' ii.- court to furnish

respectively, one month betore each general election, orPoii books,
six days before each special election, to make out and de-
liver to the Sheriff of their respective counties one blank
poll book, at the expense of the county, for each pre-
cinct in his county, properly ruled and laid off into
columns, with the necessary certificates attached, which
books the Sheriff shall faithfully deliver, or cause to beghpr!ff deliver
delivered to the judges of the election, in their respectivepoii books.
precincts.

Sec- 5. The judges before they enter upon their du-
ties, shall take an oath or affirmation, that they will faith- Oath of judges
fully, impartially, and justly discharge the duties of Judge
of the present election, according to the best of their abil-
ities; which oath or affirmation shall be administered by
a Justice of the Peace, if present; if not, they are au-
thorized to qualify each other.

Sec. 6. The Judges shall appoint a clerk or clerks, whoril(Jgesshaliap_
before entering upon the duties of his appointment, shallo™"1 their own
take an oath or affirmation, which may be administered by shan 'qualify,
either of the Judges of election, that he will faithfully
discharge the duties of his appointment to the best of his
abilities; record the names of all the voters, and distinct-Duty of elerk
3y carry out in lines or columns the number of each vo-
ter.

Sec. 7. The time for opening the polls, shall be at theTime of open-
hour of eight o'clock in the morning, and closed at six™^'"1 clo8ins
o'clock in the evening, and one of the Judges shall cry in
an audible voice the name of each voter as given in.

, Votes to be giv-

Sec. 8. lhe votes given at all elections shall be in theen viva voco-
following manner, to wit; each elector shall in an audibfe
voice, declare the name of the candidate or candidates,
and the o.fice or offices, that he would have him o: them
fill.

Sec. 9. When any person offers to vote in a precinctHow a oa
of which he is not a resident, for Territorial or county of-m»v vote ina-
ficers, if he possesses the necessary qualifications of a,,other precincS
voter, he may vote on taking an oath or affirmation that
he has not voted, and will not vote in any other precint
during the pending election.

106

finegfor ™ sord- ^BC" *0, ^ie Judges °f election shall preserve good
•jr. order, and may punish any disorderly person for contempt,

by fine, not exceeding one hundred dollars, at their dis

cretion.

Judges decide Sec. 1 1 • The Judges shall decide on the legality of
icjaLityofvotesan votes offered, to be given when challenged.

Howtbepoiis Sec. 12. At the close of the polls the clerk shall care
fully coant up the number uf votes given for each candi
date, and compare them with the number of votes given,
and when found correct, the Judges shall proclaim in a
public manner the number of votes polled, and the num
ber given lor each candidate.

Judges shall Sec. 13. At the close of each election the Judges
^mVerofvouishall certify under their own hands, the number of votes

given. given for each candidate, which shall be attested by the

clerk, who shall transmit the same, together with the poll

book, to the clerk of the county Court, in which the elec-

uans'm'uacopv^011 was neld, within five days thereafter, and the Judges

o f poll book?." shall retain a true copy thereof, free to the inspection of

all voters.

cierk of court Sec. 14. The clerk of the county court shall, within
*r se*ectUnienSten days after the close of each election respectively, take
oast up votes, to his assistance two Justices of the Peace of his county,
or two Select men; and in a public manner examine and
cast up the votes given to each candidate, and give to
those having the highest number of votes, each a certi-
Give to each a cate of his election. In all cases where there is a tie be
election"9 e tween any candidate for county officer, the Justice or Se-
lect men as the case, may be, shall cast lots in the presence
in case ofa tie. of the clerk and decide which of the candidates shall be
declared elected.

Sec. 1 5. The clerks of the several counties to whom
cierk to send a transcript of the votes in any election is directed.
vote* to secre-shall, within three days after the time limited for the exam
taryofterritoryinaticm of the polls, cause to be conveyed to the seat of
government, addressed to the Secretary of the Territory.
a fair abstract of all the legal votes polled in their respec-
tive counties, for Territorial officers at such elections.

secretary cast Sec. 16. Within twenty days after each general elec-
dtoriafofficers'tion, or sooner if the returns have all been duly made.

107

the Secretary of the Territory shall, in the presence of the
Governor, cast up the votes given in the several counties
in this Territory for Territorial officers, and shall give to
those having the highest number of votes, certificates of
their election, under his own hand, with the seal of the
Territory affixed thereto.

Sec. 17. Should any two or more candidates have anin case of a tie
equal number of votes, the Secretary of the Territory ^asUot? 8hali
with the assistance of the clerk of the Supreme Court,
and if he be absent, any person whom the Governor may
appoint, shall cast lots in the presence of the Governor,
to decide which of the candidates shall fill the office.

Sec. 18. When the election of any county or precinct,
officer is contested by two or more candidates, it shall betions decided
the duty of the Select men to decide between them; andbv Se!ect 1R811
give him, in whose favor they decide, a certificate of his
election.

Sec. 19. When a vacancy in any county office shall8.!*50'31 e'ec

. ^ J * lions.

occur, and a special election shall become necessary, the
Judge of Probate shall issue a writ of election, to be di-
rected to the Sheriff, and the Sheriff shall, ten days pre-gheriffshali
vious to the election, put up advertisements at three of theP°8t "p notices
most public places in each precinct in his county, stating
the time and place of holding such election, unless other-
wise directed in the writ of election.

Sec. 20. If any Judge or clerk of any election, orJudge or ©iner
any officer acting in any wise pertaining thereto, after they^0*^^"',
have undertaken to perform the duties pointed out in thisserve.
law, fail so to do, (unless prevented by sickness, inability,
or unavoidable circumstances,) he shall be subject to a
fine not exceeding five hundred dollars, at the discretionPenalty
of the Court having jurisdiction.

Sec. 21. All Territorial, county, or precinct offices
that have been or may be hereafter created, until the aren-Govern.orlofiU

ii^-i <• i m ■, ™ ,a vacancies.

eral election law of the Territory takes effect and not
otherwise provided for by law, shall be filled by executive
appointment.

Sec. 22. All free white male citizens of the Territory
of Utah of the age of twenty-one years shall be consid-fui voters,
ered legal voters: Provided, That nothing in this act shallproviso.

108

be so construed as to admit of any military officers or sol-
diers in the United States service, stationed within the
limits of this Territory, to vote for Territorial, county, or
precinct officers.

Sec. 23. Be it also enacted, That the clerk of each
Klerks of cmin-coun y Court, shall, thirty days before each general elec-
shshcriffwithtion, furnish the Sheriff of his county with three notices
sof election for every precinct in the county, stating the
time when, and the place of holding such election; also
specifying the several offices to be filled, and the Sher-
iff shall post up said notice in the most public places
in each precinct, within three days" after receiving such
notices, or publish such notices in any one or more news-
papers in the Territory: Provided, That such newspaper
or papers have a general circulation throughout the sev-
eral counties in the Territory.
Approved Feb. 5th, 1852.

?lectioin;otices

FEE BILL EOR ELECTIONS.

Sec. 1 . Be U enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That the following fees
shall be allowed for services rendered at elections:

judgesfc clerks Judges and clerks of elections, three dollars per day;

feee. Magistrates or other officers, for qualifying Judges and

Magistrates ™S ' 7 1 1 1 r

fee.*? clerks of elections, twenty-five cents each; clerks ot coun-

P'co^s^fee'f" y Courts for making out a copy of returns to the Secreta-
ry of the Territory, and all necessary writing, three dol-
lars per day, and for stationery for return*, en} each poll
-tuard'afees. book, one dollar each; necessary guards through the In-
dian country for the safety of the abstract of the return
to the Post-office, or Secretary's office, fifteen cents per
mile each.

?668 for previ- Sec. 2. That the same fee be allowed the several of-
»Hs elections, ncers that rendered services at the elections held in the
several precincts on the fourth of August, A. D. one thou-
sand eight hun Ired and fifty one, for the election of a
delegate to Congress, and Councillors and Representatives
for the Legislative Assembly ot Utah Territory.

109

Sec. 3. That the clerk of each precinct shall make Dwtyofeto*
out a certified account of all the expenses arising in their°
respective precincts of each election, and forward the same
to the county clerk of their respective counties, within thir-
ty days after each election.

Sec. 4. That it shall be the duty of each clerk of the
county Court, to make out an abstract of the accounts for^'^"^^ ot
said precincts in his county; also all other expenses occur-
ing from elections in his county, and report the same to
the Legislative Assembly, on or before the first day of each
annual session.

Approved October 4, 1841.

AN ACT APPORTIONING THE REPRESENTATION
OF UTAH TERRITORY.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That there shall be elec-
ted at the general election for eighteen hundred and fifty
two, the following officers to wit:

For Representatives for Weber county, three; for DavisNumbeTof
county, two; for Salt Lake county, twelve; for Utah coun-resentatives.
ty, three; for Tooele county, one; for Juab county, one;
for San Pete county, one; for Millard county, one; and for
Iron county, two.

Sec. 2. Be it further enacted, That at the general elec-Numberof
tion for eighteen hundred and fifty-three, there shall beUouncil!ors-
elected in each county in this Territory, the following
number of Councillors: For Weber county, two; for Da-
vis county, one; for Salt Lake and Tooele counties, five;
for Utah and Juab counties, two; for San Pete county,
one; for Millard county, one; and for Iron county, one.

Approved Feb. 14, 1852.

110

AN ACT CREATING A TERRITORIAL AND COUJv
TY REVENUE.

Sec. 1. Be it enacted by the Governor and Legislative
Assessor and Assembly of the Territory of Utah, That there shall beelec-
^oiipctoi.whented by the qualified electors at the time and places of gen
eral election in each county, an assessor, who shall also
be the collector, and shall be a qualified elector, whos<-
Term of office.term °f °ffice shall be two years; who shall be sworn or
affirmed to the faithful performance of his duty, and give
<iive bonds, bond and security to the people of the Territory, approv-
ed hy the county Court, and filed in their clerk's office
within ten days after receiving a certificate of his election,
and to hold his office until his successor is qualified; and
ia case of va- should a vacancy occur by death or otherwise, it shall be
the duty of the county Court to appoint a suitable person
to fill such vacancy, who shall be qualified as aforesaid,
and shall hold his office until his successor is elected and
qualified.

Sec. 2. It shall be the duty of the assessor and col-
Duty of asses-lector to assess annually, and collect a Territorial tax of
tor'tv-hat-lsi tax-one Per cent upon all personal property, money loaned or
able property. 0n hand, improvements on real estate, merchandize, stock
in trade, and stock actually paid in any incorporate com-
pany; all improvements made under the provisions of any
act of this Territory, granting a private chaiter to any
person or persons for any purpose whatever: Provided,
Froviao. That the arms of military companies that are kept con-

stantly on hand for the public defence; public property-
belonging to any religious society for public purposes; the
property of the University and public school houses, and
burial grounds, shall be exempt from all assessments.

Sec. 3. The assessor and collector in each county are
4s»ess at co»t nereDy authorized and required to assess all property in
value. their respective counties, at its cash value, and collect the

amount of taxes arising thereon in cash, except so far as
otherwise provided by law, and pay over or remit all
amounts so collected into the Territorial Treasury on or
before the first monday in November in each year.

Sec. 4. It shall be the duty of each assessor and collec-
Forther dutiestor ^0 keep a fajr and faithful record of the names of own-
aftiiector. ers of property, the amount assessed, and tax arising there-

Proviso.

Ill

on, and collected and paid over, and also the assessed not
collected, and the reason why, if by removal or otherwise,
and return the same with a full statement of all his pro-shall report 10
ceedings, on or before the first Monday in November in^Mon!i?"b
each year to the Auditor of Public Accounts, whose du-
ty it shall be to audit the same, and report thereon to theHiidutj.
Legislative Assembly if then in session, or upon tue first
ensuing session.

Sec. 5. If any person or persons shall refuse or neglectin esse oirem
to pay the amount of tax arising as herein contemplated, ^to° siwi! «n
it shall be the duty of the collector to enforce the paymentfuree rame.
thereof, by executing property belonging to said person
or persons, and selling the same at public auction to the
highest bidder after ten days public notice of said sale:
Provided, he shall in no case distress the widow and fatb-Provisr..
erless, or oppress the honest poor.

Sec. 6. If any person or persons shall fail to give »JJJ jy£t! in
a true report to the assessor and collector, of all taxable
property owned by said person or persons according to
the provisions of this act, or wilfully conceal from the
assessor and collector any taxable property owned by him,
her or them, or otherwise try to defraud the public trea-
sury, shall, on conviction thereof, be liable to a line not
exceeding five hundred dollars, or the amount ot money or
property so concealed at the discretion of the Court hav-
ing jurisdiction.

Sec. 7. The county Courts in their respective iJOtm-Cminty ta*
ties shall assess a county tax not to exceed one per cent
for county purposes, and a road tax to be applied on pub-
lic roads, not to exceed one half of one per cent upon all
taxable property in each county, which shall be collectedRs ont0I(lUI,
by the assessor and collector under the direction of thety court,
county Court, and paid into the county treasury, and
make a full and concise report of the same to the clerk of
the county Court at their discretion.

Sec. 8. The assessors and collectors shall be allowedcomperuatioi<
reasonable compensation for assessing and collecting allj^fe8cs°rra,,d
taxes according to the discretion of the county Court in
equal proportions for Territorial and county taxes, who
shall receive his pay from the Territorial treasurer, for the
collection of the Territorial tax, and from the county trea-
surer for the collecting of the county tax.

112

Sec. 9. All laws and parts of laws heretofore enacted,
inconsistent with this act be, and the same are hereby re-
pealed.

Sec. 10. The county Court, in each county is hereby
authorized to regulate all bounties on wolf and fox pates.
Approved Feb, 4, 1852.

AN ACT IN RELATION TO ROAD TAX AND SU-
PERVISORS.

Sec 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That every able bodied male
person over the age of eighteen years, having a residence
JK^*11 Pa>of three months in this Territory, shall pay a poll tax of
one day's labor yearly upon the roads or highways.

Sec 2. The poll tax and all assessment of tax for

?«it and other road purposes may be paid in labor upon the roads and

wadtixes may^iohways, at the rate of ten hours good and faithful labor

»o piidm a- ^ ^e amount assessed, at the rate of one dollar and fifty

cents per day. And all labor taxes may be commuted by

paying into the hands of the supervisor of the precinct

or coad district, in which each person may reside, at the

rate of one dollar and fifty cents per day.

Sec 3. Every person liable to the aforesaid tax, who

shall refuse or neglect to perform the labor required, or

persons neg a m jjeu thereof, the sum herein specified when required
testing or reiu-f" ^ . ^, . r ^ .

•lag to pay., by the supervisor of the district or the county Court or their

county, afier they have received reasonable notice of the
time and place when said labor may be performed, or
money paid, shall forfeit and pay for each offence, twice
Penalty. the amount of the Tax required, which amount may be
recovered befjre any Justice of the Peace having juris-
diction. Supervisors in their respective districts have
3u wv power to require team work upon the road as shall be ne-

may require cessary to apply the labor to advantage, from those hav-
tesm work. • teirn. allowing for the use of teams in the same ratio,
as for labor.

supervisors gEC 4. jf shall be the duty of the supervisor of road
!>J*"que°atsUtedistricts to prosecute all delinquents in their respective

113

districts, and all delinquents so prosecuted shall be liable
to pay twice the amount lost by or through his or their
neglect. And it is hereby made the duty of the county
Court to settle with each supervisor on or before the firstc,on,?,y em:ri

. , r • * 11 j v shall proseeote

day ot January in each year, and prosecute all aehnquentdeiinquenti*!
supervisors, who refuse, or neglect to comply tutu thepeivls0K
requirements of this act.

Sec. 5. The supervisors shall receive the sum of one
dollar and fifty cents per day, after having defrayed theirSup*r¥ism'B u

. * ._ , * J. ii i i i receire pay

own tax, for each days service actually employed on the
road and highways in their respective districts, either in
notifying the inhabitants to labor, collecting the tax or
disbursing the same.

Approved March 6, 1852.

AN ACT TO PROVIDE FOR THE APPOINTMENT
OF A TERRITORIAL TREASURER ; AND AU-
DITOR OF PUBLIC ACCOUNTS.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That a Treasurer andTreagnrej.ftli4
Auditor of public accounts, shall be elected, by the joint»"dUor, ho??
vote of both houses of the Legislative Assembly ; whosexeraao'i offi**
term of office, shall be four years; and until their success-
ors are eleoted and qualified.

Sec. 2. The Treasurer, previous to entering upon theTreasww to
duties of his office, shall give bonds to the people of thesive bonds/
Territory of Utah, in the penal sum of twenty thousand
dollars; which sum shall be increased at the discretion of
the Legislative Assembly, or during its recess, by the
Governor, with sufficient securities, to be approved by the
Governor; which bonds shall be filed in the office of theBonds wJwtc
Secretary of the Territory of Utah; and shall also take anfiied,
oath or affirmation, to support the Constitution of the U-
nited States, and faithfully discharge the duties of his of-
fice.

Sbc. 3. The Treasurer shall receive all moneys or other

114

uw'0< Treas"ProPerty belonging to the Territory, thatmay be raised by
taxation, or otherwise; and shall procure suitable books
in which he shall enter an account of his receipts, and
disbursements; to whom made, and on what account.

Sec. 4. The Treasurer shall pay all moneys that may
come into his hands, by virtue of his office, upon drafts or
orders countersigned by the Auditor of public accounts;
siiaii report toand shall annually report to the Governor, on or before
the first day of November, or oftener, if required by the
Governor, a true account of his receipts and disburse-
ments, with the necessary vouchers for the same; and shall
deliver to his successor in office, all books, moneys, ac-
counts, or other property belonging to the Territory, so
soon as his successor shall become qualified.

\ud)tor shall Sec. 5. The Auditor of public accounts, previous to
give bonds, entering upon the duties of his office, shall give bonds to
the people of the Territory of Utah, in the penal sum of
five thousand dollars, which sum may be increased at the
discretion of the Legislature, or during its rece;s. by the
Governor, with sufficient securities to be approved by the
Governor; and shall also take an oath or affirmation, to
support the Constitution of the United States, and faith-
fully discharge the duties of his office.

Duty of Audi-

Sec. 6. The Auditor of public accounts shall examine
and audit all public accounts connected with the pecuniary
affairs of the Territory, and shall report the same to the
Governor, on or before the first day of November in each
year, and oftener if required by the Governor, and shall
deliver to his successor in office, all books, moneys, ac-
counts, or other property, belonging to the Territory, so
soon as his successor, shall become qualified.

mSke reSrtu . Sec- 7- Xt shall be the dut)T of a11 officers in the Ter-

Vuditor. i ritory, having the handling of the public funds, in either

collecting or disbursing the same, to make a report to the

Auditor of public accounts, on or before the first day of

October, in each year.

Approved, January 20, 1852.

115

AN ACT TO CREATE THE OFFICE OF A COUN-
TY TREASURER IN EACH COUNTY OF THE
TERRITORY OF UTAH, AND TO DEFINE THE
DUTIES THEREOF.

Sec. 1 . Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That there shall be, and
hereby is created the office of county Treasurer, in each
county of the Territory of Utah.

Sec. 2 The Treasurer shall be elected by the qual- Treasurer how
ilied electors of their respective counties, at the time of6'001*^
the general election of the Territory; whose term of office
shall be four years, and until his successor shall be elected
and qualified; and said Treasurer, before entering upon
the duties of his office, shall take an oath or affirmation, ^''^^V^
before the Clerk of the county court, to support the Con-
stitution of the United States, and the laws of this Terri-
tory; and faithfully discharge the duties of his office, and
shall give bonds to the people of their respective counties:
the amount of bonds to be prescribed by the county court,
with security, to be approved by said court, for the faith-
ful discharge of the duties of his office, which bonds shall
be filed in the office of the Clerk of the county court.

Sec. 3. The county Treasurer, shall keep an accurater.utyof the
account of all moneys, or other property received, or dis-Treasurer-
bursed, and shall pay over all demands, that shall be le-
gally presented, and shall render a true account, with ne-
cessary vQuchers for the same, semi -anmi ally to the coun-
ty court, or whenever it shall be called for by said court,
and his office shall be kept at the county seat.

Sec. 4. The county Courts are hereby authorized toColJrt
appoint a county Treasurer in their respective counties. point Treae.
who shall be qualified as provided by this act, to serve
until the first general election, and until his successor shall
he elected and qualified: said Courts are also hereby au-
thorized to fill any vacancy that may hereafter occur in the
office of county Treasurer according to the provisions of
this act, whose term of office shall be till the next succee-
ding general election of the Territory.

Approved, February 3. 1852.

116

AN ACT TO CONTINUE IN OFFICE CERTAIN
OFFICERS THEREIN NAMED.

Sec. 1. Be it enacted ly the Governor and Legislative
AsserrMy of the Territory of Utah, That all Territorial, Dis-
trict. County, and Township officers, who have been ap-
pointed and commissioned by the Governor pursuant to
the provisions of the Organic Law, whose commissions ex-
pire at the end of the first session of the Legislative As-
sembly, be, and the same are hereby continued in full
force and effect until their places are filled by appoint-
ment or election, as the case may be according to law-
Approved, February 17, 1852.

AN ACT TO PROVIDE FOR THE APPOINTMENT
OF THREE SELECT MEN, AND AN ASSESSOR
AND COLLECTOR IN THE SEVERAL COUN-
TIES IN THIS TERRITORY FOR THE CUR
RENT YEAR.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That it shfll be the duty
tete*o°appoint0f tne Judges of Probate to appoint, in their respective
ds«iectno*n. counties, three men, who shall act as Selectmen, untijl
their places shall be filled by election: such men thus ap-
pointed, shall take the oath of office, as provided for by
law.

Also an Asses- Sec. 2. It shall be the duty of the Judges of Probate,
•°md Coiiec-to appoint an Assessor and Collector in their respective
counties for the current year, who shall proceed forthwith
to assess and collect the Territorial and County taxes in
their respective counties, and pay the same over to the
persons entitled to receive the same according to law.
Sec. 3. It shall be the duty of each Assessor and Col
shall give lector, before entering upon the duties of his office, to take
bonds. an 0ath or affirmation for the faithful performance of his

duties, and give bond with approved security, to the peo-
ple of his county, in a sum to be approved of by the Judge

117

of Probate, to be filed in the Clerk's office in their respec-
tive counties.

Approved March 3d, 1862.

AN ACT IN RELATION TO CRIMES AND PUN-
ISHMENTS,

TITLE I.

OFFENCES AGAINST THE TERRITORY.

Sec. 1 . Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That whoever is guilty ofTreason, pun
treason, by levying war against the Territory, or by a(l-lshmentof-
hering to its enemies, giving them aid and comfort, shall
be punished with death.

Sec. 2. If any person have knowledge of the commis-MisPrisioH 0l
sion of the crime of treason against the Territory, and
conceal the same, and not as soon as may be, disclose such
offence to the Governor, or some Judge of the Territory,
he is sruilty 0f mis-prision of treason; and shall be fined„ , t

° ,y ,, r i i n i • i Punishment of

not exceeding one thousand dollars, or be imprisoned not
exceeding ten years, nor less than one year.

Sec. 3. No person can be convicted of the crime of
treason, unless on the evidence of two witnesses to thelj[°nvict IT*
same overt act, or on open confession in open court. treasou,

TITLE II.

OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDU-
ALS.

Sec 4. Whoever kills any human being, with malice
aforethought, either expressed or implied, is guilty of mur-Mu^der•
der.

Sec. 5. All murder which is perpetrated by means of][lffined.,BUTsU::

118

poison, or lying in wait, or any other kind of wilful, delib-
erate, and premeditated killing; or which is committed in
the perpetration, or attempt to perpetrate any arson, rape,
Punishment, robbery, mayhem, or burglary, is murder of the first de-
gree; and shall be punished with death.

Manslaughter. Sec. 6. Whoever commits murder otherwise than is
set forth in the preceding section, is guilty of murder of

Punishment, the second degree ; and shall be punished by imprison-
ment for life, or for a term not less than ten years.

Jury find the Sec. 7. Upon the trial of an indictment for murder,
^poe of mur"the jury if they find the defendant guilty, must inquire,
and in their verdict, declare whether he be guilty of mur-
der in the first or second degree. But if such defendant be
if prisoner con-convicted upon his own confession in open court, the court
fen determmemust proceed, by the examination of witnesses, to deter-
' mine the degree of murder, and award sentence accord-
ingly.

Sec. 8. Whoever fights a duel with deadly weapons,
murder hCn and inflicts a mortal wound on his antagonist, wherefrom
death ensues, is guilty of murder of the first degree, and
shall be punished accordingly.

„ , . . Sec. 9. Any person who fights a duel with deadly

Duel when not M , **V I~ g J

murder. weapons, or is present at the fighting or such duel, as aid,

second, or surgeon; or advises, encourages, or promotes

or tides at. such duel, although death do not ensue; and any person
who challenges another to fight a duel, or sends or delivers
any verbal or written message, purporting, or intended to
be such challenge, although no duel ensue; and any per-
son who accepts such challenge, or who consents to act
as a second, aid, or surgeon, on such acceptance, or who
advises, encourages, or promotes the same, although no

runishu.ent. duel ensue ; shall be fined in a sum not exceeding one
thousand dollars, nor less than four hundred dollars; and
imprisoned not more than three years, nor less than one
year.

Sec. 10. If any person vex another, or in writing or

vex*&e^!\?r print use any reproachful or contemptuous language to,

not fi8ht duel- or concerning another, for not fighting a duel, or for not

sending or accepting a challenge, he shall be fined not ex-

runiuhment. ceeding ^ree hundred dollars, nor less than one hundred

119

dollars, and imprisoned not more than six months, nor less
than two months.

Sec. 1 1 . Any person guilty of man-slaughter, shall bePunishmeBt 0,
punished by imprisonment, not more than ten years, normansiaugtuer.
less than one year; and by fine not more than one thou-
sand dollars, nor less than one hundred dollars.

Sec. 12. If any person, with intent to maim, or disfig- Mayhem.
ure, cut or maim the tongue ; put out or destroy an eye ;
cut, slit, or tear otf an ear; cut, slit, or mutilate the nose,
or lip; or cut off, or disable a limb, or any member of an-
other person; he shall be punished by imprisonment notPunishment.
more than five years, and by fine not exceeding one thou-
sand dollars, nor less than one hundred dollars.

Sec 13. If any person, with force or violence, or by jobbery,
putting in fear, steal, and take from the person of another,
any property, that is the subject of larceny, he ?s guilty
of robbery, and shall be punished according to the aggra-Howyuaiehed
vation ot the offence, as is provided in the following two
sections.

Sec. 14. If such offender, at the time of such robberyIf armed ani
is armed with a dangerous weapon, with intent, if resisted, wound orhav*

• • aider?

to kill or maim the person robbed; or if being so armed,
he wound or strike the person robbed; or if he have any
confederates aiding and abetting him in such robbery
present, and so armed; he shall be punished by imprison-

i. if * ri j- xiiz iHow punished

ment for a term of not exceeding twenty-five years, and
not less than ten years.

Sec. 15. If such offender commit such robbery, other-
wise than is mentioned in the preceding section, he shall*^erw?seh<!w
be punished by imprisonment not exceeding ten years, norpunished.'
less than two years,

Sec 16. If any person ravish and carnally know anyB»pe,
female of the age of ten years, or more, by force and a-
gainst her will ; or carnally know and abuse any female
child, under the age of ten years, he shall be punished byHcw punieheu
imprisonment for life, or not less than ten years.

Sec 17. If any person take any woman unlawfully Any Pe"on
and against her will, and by force, menace, or duress, com-maHPto mZif
pel her to marry him, or any other person; or to be defil-

120

Howpunisiiedgd- he shall be fined not exceeding one thousand dollarsi
and imprisoned not exceeding ten years.

aapeby duress gEC> jg If any person unlawfully have carnal know

»r otherwise. .. - *' 1 1 i' • • ■ ■ i i

ledge or any female, by administering to her any sub
stance, or by any u-Jier means, producing such stupor, or
such imbecility of mind or weakness of body, as to prevent
effectual resistance, he shall upon conviction, be punished
as provided in the sixteenth section of this act relating to
ravishment.

Punishment.

Sec. 19. If any person take or entice away any un
female manors. married female from her father, mother, guardian, or oth-
er person having the legal charge of her person, for the
purpose of prostitution, he shall upon conviction, be pun-
How punishedished by imprisonment not more than ten years, nor less
than one year; or by fine notexceeding one thousand dol
lars, and not less than one hundred dollars.

Child stealing. Sec. 20. If any person maliciously, forcibly, or fraud
ulently lead, take, decoy, or entice away any person with
intent to detain, or conceal such person from its parent,
guardian, or other person having the lawful charge of such

How PunishedPerson> he sna^ De punished by imprisonment not more
than ten years, or by line not exceeding one thousand dol
lars ; or by both such line and imprisonment.

Seduction.

Sec. 21. If any person seduce and debauch any unmar
ried woman of previously chaste character, he shall be

How punishedpunished by imprisonment not more than twenty years,
nor less than one. year; and fined not moie than one thou-

Proviso. sand dollars, nor less than one hundred dollars. If before
judgment upon an indictment, the defendant marry the
woman thus seduced, it is a bar to any further prosecu-
tion for the offence. In case the person so offending shall

Mayberequir-marry such female as herein provided, he shall be liable,

&oi,d\eiVe if required to give bonds with approved securities for her
maintenance.

onment.

Aiwi kidnap
ping.

False hnpris- Sec 22. If any person wilfully and without lawful
authority, forcibly, or secretly confine or imprison any
other person within this Territory, against his will ; or
forcibly carry or send such person out of the Territory,
or forcibly seize and confine, or inveigle, or kidnap any
other person with the intent either to cause such per
son to be secretly confined, or imprisoned in this Ter

i2i

ritory against his will, or cause such persons to be How punished
sent out of the Territory against his will, he: shall be
punished by imprisonment not more than ten years, or by
fine not exceeding one thousand dollars; or by both tine
and imprisonment, at the discretion of the court.

Sec. 23. If the father or mother of any child undertf parent or
the age of six years, or any person to whom such child b&sj*"" „ "band-
been entrusted or confided, expose such child in ;-.ny high-on a child.
way, street, field, house, or out-house, or in any other
place with intent wholly to abandon it, he or she, upon
conviction thereof, shall be punished by imprisonment not llow punished
exceeding five years; or fined not exceeding five hundred
dollars.

Sec 24. If any person either verbally, or by any writ- Any person
ten or printed communication, maliciously threaten to ac-(ltJ,erwi*e^pro-
cuse another of crime or offence; or to do any injury to""lpaiK,,ner t0

., ~ ,, • i • . /.i i ., »lii an unlaw lul

the person or property of another with intent thereby toilct.

extort any money, or pecuniary advantage whatever; or to

compel the person so threatened to do any act against his

will, he shall be punished by imprisonment not, more than How punished

two years; or by fine not exceeding five hundred dollars.

Sec. 25. If any person assault another with intent to Assault,
commit murder, he shall be punished by imprisonment not
exceeding twenty years, nor less than one year; and finedHow punished
at the discretion of the court.

Sec 26. If any person assault a female with intent to Assault to rape
commit a rape, he shall be punished by imprisonment not
exceeding twenty years, and fined at the discretion of the !Iow Puntehe
court.

Sec. 27. If any person assault another with intent to
maim, rob, steal, or commit arson, or burglary, he shall As-cault t0 rob
be punished by imprisonment not exceeding eight years;
or by fine not exceeding one thousand dollars; or by bothnow punished
fine and imprisonment, at the discretion of the court.

Sec. 28. If any person assault another with intent to Assault to m-
mflict a bodily injury, he shall be punished by imprison--111"
ment, no' exceeding one year, or fined not exceeding fiveHow punished
hundred dollars.

Sec. 29. If any person assault another with intent to Assault to any

j i B other fslonv.

commit anv felonv. or crime nunishablebv imprisonment.

122

How p*n«hedw}iere the punishment is not otherwise prescribed, he shall
be punished by imprisonment not more than five years; or
by fine not exceeding five hundred dollars, or both at the
discretion of the court.

Any person Sec. 30. If any person mingle any poison with any
y.oison fcodi&cfood, drink, or medicine, with intent to kill or injure any
human being; or wilfully poison any spring, well, cistern,
or reservoir of water, he shall be punished by imprison-
How Puniihedment not exceeding twenty-five years; or by fine not ex-
ceeding five thousand dollars, or both at the discretion of
the court.

Any other as- gEC 31 Whoever is convicted of an assault, or an as-
sault and bat-

tery. sault and battery, where no other punishment is prescrib-

ed, shall be punished by imprisonment not exceeding six

How punishedmonths; or by fine not exceeding two hundred dollars, or
both at the discretion of the court.

TITLE III.

Adultery.

Tenalty.

Lewdness.

Panaltv.

OFFENCES AGAINST CHASTITY, MORALITY, AND DECENCY.

Sec. 32. Every person who commits the crime of
adultery, shall be punished by imprisonment not exceeding
twenty years, and not less than three years; or by fine not
exceeding one thousand dollars, and not less than three
hundred dollars; or by both fine and imprisonment at the
discretion of the Court. And when the crime is commit-
ted between parties, any one of whom is married, both are
guilty of adultery, and shall be punished accordingly. No
prosecution for adultery can be commenced but on ihe com
plaint of the husband or wife.

Sec. 33. If any man or Avoman not being married to
each other, lewdly and lasciviously associate, and cohabit
together; or if any man or woman married or unmarried,
is guilty of open and gross lewdness, and designedly
make any open and indecent, or obscene exposure of his
or her person, or of the person of another, every such per
son so offending shall be punished by imprisonment not ex-
ceeding ten rears, and not less than six months, and fine

ill

not more than one thousand dollars, and not less than one
hundred dollars, or both, at the discretion of the Court.

Sec. 34. If any person keep a house of ill fame, re-

123

sorted to for the purpose of prostitution, or lewdness ,^0Xkfe oi iU

he shall be punished by imprisonment not exceeding ten ''

years, and not less than one year, or by fine not exceedingpunishmem

five hundred dollars, or both fine and imprisonment. And

any person who after being onee convicted of such offence

is again convicted of the like offence, shall be punished punishment for

not more than double the above specified penalties. second often™

• Sec 35. If any person inveigle, or entice any female, Entice a'iemaie
before reputed virtuous, to a house of ill fame; or know-1!? house of in
ingly conceal, aid, or abet in concealing such female so
deluded or enticed, for the purpose of prostitution or
lewdness, he shall be punished by imprisonment not morePenaity
than fifteen years, nor less than five years.

Sec. 36. If any person without lawful authority, vril-JJJyterin8 lhe
fully dig up, disinter, remove, or carry any human body
or the remains thereof from its place of interment, or aid
or assist in so doing; or wilfulty receive, conceal or dis-
pose of any such human body, or the remains thereof;
or if any person wilf ally and unnecessarily, and in an im-
proper manner, indecently expose those remains, or.
abandon any human body, or the remains thereof in any)emains of
public place, or in any river, stream, pond, or other place,
every such offender shall be punished by imprisonmentPenalty
not exceeding one year, or by fine not exceeding one thou-
sand dollars, or by both fine and imprisonment at the dis-
cretion of the Court.

Sec. 37. If any person torture, or cruelly beat anymraig.ty t0dr"
horse, ox, or other beast, whether belonging to himself, or
another, he shall be punished by fine not more than onePenaity.
hundred dollars.

Sec. 38. If any person import, print, publish, sell or
distribute any book, pamphlet, ballad, or any printed
paper containing obscene language, or obscene prints, pic-
tures or descriptions manifestly tending to corrupt the n or-
als of youth, or introduce into any family, school or
place of education, or buy, procure, receive, or have in
his possession any such book, pamphlet, ballad, printed
paper, picture, or description, either for the purpose of
loan, sale, exhibition, or circulation, or with intent to in-
troduce the same into any family, school, or place of edu-

124

.pmiaity. cation, he shall be punished by fine not exceeding four
hundred dollars.

Sec. 39. If any person keep a house, shop, or place

'raminghouso.regorte(j tQ for ^ pU1-p0se 0f gambling, or permit or suf-
fer any per:?on in any house, shop, or other place, under
his control, or care, to play at cards, dice, faro, roulette,
or other game for money, or other things, such offender
shall be hned not more than eight hundred dollars, or im-
prisonment not exceeding one year, or both, at the dis-

Hfinaity cretion of the Court. In a prosecution under this sec-

tion, any person who has the charge of, or attends to any
such house, shop, or place, may be deemed the keeper
thereof.

Sec. 40. If any person play at any game for any sxim

Warning. of money, or other property of any value, or make any

bet or wager for money, or other property of value, he

shall be punished by fine not exceeding three hundred

Penalty. dollars, or by imprisonment not exceeding six months.

Sec 41. All promises, agreements, notes, bills, bonds,

^UgaHonsfoi 'or other contracts, mortgages, or other securities, when

ixamTing void, the whole, or any part of the consideration therof is for

money, or other valuable thing won or lost, laid stakes,

or bet, at or upon any game of any kind, or on any wager,

are absolutely void, and of no effect.

TITLE IV.

OFFENCES AGAINST PROPERTY.

Sec 42. If any person wilfully and maliciously burn

Arson and oth-the inhabited building, boat or vessel of another; or wil-

"ng' fully and maliciously set tire to any other building, boat

or vessel owned by himself, or another, by which means

such inhabited building, boat or vessel is burnt; if such

offence is perpetrated in the night time, or so caused to be

burnt in the night time, such offender shall be punished

by imprisonment for life, or any term of years; or if the

crime shall have been committed in the day time, such of-

Penaity. fender shall be punished by imprisonment not exceeding

thirty years.

Sec 43. If any person wilfully and maliciously so
other burning Durn any uninhabitcd dwelling house, boat or vessel, be-
longing to another; or any Court House, or other public

125

building; if in the night time, he shall be punished by im-Penaity
prisonment not; exceeding twenty-live years; or if in the
day time, not more than twenty years.

Sec. 44. If any person wilfully and maliciously burn, other house
either in the night or day time, any warehouse, store, burn'"g'
manufactory, mill, barn, stable, shop, office, out-house, or
any building whatsoever of another, other than is men-
tioned in the preceding sections; or any bridge, lock, dam,
or flue, he shall be punished by imprisonment not exceed-
ing fifteen years, and fined not exceeding one thousand
dollars.

Sec. 45. If fmy person set fire to any building, boat,
or vessel, mentioned in" the preceding sections, or to anytiurn.
material, with intent to cause any such building lo be
burnt, he shall be punished by imprisonment not cxc<.edingPunishmcnt-
ten years, or fined not more than five hundred dollars.

Sec. 46. If any person wilfully and maliciously burn,
or otherwise destroy or injure any pile or parcel ot \vood,Bur"'n"other

, j • i , ii ,■ i property.

boards, timber, or other lumber; or any tence, bars or
gate; or any stack of grain, hay, or other vegetable pro-
duct severed from the soil, and not stacked; or any stand-
ing trees, grain, grass, or" other standing product of the
soil of another, he shall be punished by imprisonment
not more than five years, or by fine not more than five
hundred dollars; or both fine and imprisonment, at the
discretion of the court.

Sec. 47. The preceding sections under this title sev-
erally ex end to a married woman, who commits either or,narrie{i wo.
the offences therein described though the property burnt, men-
or set fire to may belong wholly or in part to her husband.

Sec. 48. If any person break and enter any dwelling
house in the niffht time, with intent to commit the crime Burglary with

» , t i , t p i intent to rob.

ot murder, rape, robbery, larceny, or any other ielony;
or after having entered with such intent, bre^k any such
dwelling house in the night time, any person being then
lawfully therein, such offender shall be punished accord-
ing to the aggravation of the offtnee, as provided in the
following two sections.

Sec. 49. If such offender, at the time of committing!1"*™™'5^

, , , . i • i i °assftult or has

such burglary, is armed with a dangerous weapon, or sobers.

126

arm himself after having entered such dwelling house, or
actually assault any person being lawfully therein; or
have any confederates present aiding and abetting in such
r«naity. burglary, he shall be punished by imprisonment for life,
or any term of years.

Sec. 50. If such offender commit such burglary oth-
if burglary be wise than is mentioned in the preceding section, he shall
mitte<L18eCOm De punished by imprisonment not exceeding twenty-five
years.

Breaking open Sec. 51. It any person with intent to commit a felony
warehouse &c.m jjie ^ay time, break and enter, or in the night time en-
ter without breaking, any dwelling house, or at any time
break and enter any office, shop, store, warehouse, boat
or vessel, or any binding in which goods are kept for use,
sale or deposit, he shall be punished by imprisonment, not
Penally. more than ten years, or by fine not more than five hund-
red dollars, or both fine and imprisonment.

TITLE V.

Larceny defin- ^ec. 52. If any person steal, take, and carry away of
ed. the property of another, any money, goods, or chattels,

any writ, process, or public record, any bond, bank note,
promissory note, bill of exchange, or other bill, order or
certificate, or any book of accounts respecting money,
goods, or other things, or any deed, or writing contain-
ing a conveyance of real estate, or any contract in force,
or any receipt, release, or defeazance. or any instrument,
or writing whereby any demand, right, or obligation is
created, increased, extinguished, or diminished, he is guil-
ty of larceny, and shall be punished, when the value of
the property stolen exceeds the sum of twenty dollars, by
imprisonment not more than ten jTears; and when the
value of the property stolen does not exceed the sum of
twenty dollars, by fine not exceeding two hundred dollars,
or imprisonment not exceeding one year.

Penalty.

farlnofV/e.9' Sec- 53- If anY person commit the crime of larceny
by stealing from any building that is on fire, or stealing
any property that is removed in consequence of an alarm

renaity. caused by fire, or by stealing from the person of another,
he shall be punished by imprisonment not exceeding fif-
teen years, nor les than one year.

127

Sec 54. If any person falsely personate, or repre-FalaeP«rsona
sent another, and in such assumed character receive anytum'
money or property intended to be delivered to the party
so personated, with intent to convert the same to his ownei, „ w ,

i ■ -i ri lini -ii snail De lar

use, he is guilty of larceny, and shall be punished accord-ceny.
ingly.

Sec. 55. If any person come by finding, to the pos-Pr°Petty iiinaa
session of any personal property, of which he knows theuSe.n erm
owner, and unlawfully appropriate the same, or any part
thereof, to his use. he is guilty of larceny, and shall bePenalty-
punished accordingly.

Sec 56. If any officer entrusted with the collection, Embezzlement
safe keeping, transfer, or disbursement of the public funds,0 pu
unlawfully convert them, or any part thereof to his own
use, every such act is an embezzlement of so much as is
thus taken, converted, used, or unaccounted for, and the
person so offending shall be punished by imprisonment not
exceeding five years, and fined in a sum equal to the
amount embezzled. And moreover, he is for ever after
disqualified from holding any office under the laws of this
Territory.

Sec. 57 If any other person to whom any money, goods, Kmbezzicmem
or other property which may be the subject of larceny0*" other prop-
has been entrusted as clerk, agent, or carrier, embezzle,
or fraudulenly convert to his own use, any such money, Shau bf,iarcc
goods, or other property, he is guilty of larceny, and shalln>'
be punished accordingly.

Sec. 58. If any person buy, receive, or aid in con-Acfessr:ry :o

J r • '•' . embezz:ein«n'.

ceahng any stolen money, goods, or any property, the
stealing of which is declared to be larceny, or property
obtained by robbery or burglary, knowing the same was so
obtained, he shall be punished by imprisonment, not morePena,.
than five years, or fine not more than five hundred dol-
lars, or both fine and imprisonment, at the discretion of
the Court.

Sec. 59. If any person having been before convicted
of larceny, afterwards commit another larceny, and b£*econd convk
thereof convicted; or if any person at the same term ofshaiibe dee™
Court is convicted of, as principal or as accessory after «| acomihon
the fact in three distinct larcenies, he is deemed a com-
mon and notorious thief, and shall be punished by impris-pena!tv.

128

snail apply to onment not less than five years. The provision of

accessories. .. ~ • ' , ,, . . % . l

this section shall apply to the buyer, receiver, or conceal-
er of money, goods, &c, as mentioned in the preceding
Third convic- section; and if any person is convicted three distinct times,
tion. at the same term of the court, or as above mentioned in

c ise of a common and notorious thief, he shall be punish-
F.-naity. ej -}n tke same manner.

Seo. 6t). In any prosecution for the offence of buyinor,

Shall not bo ac- . . ,. * .r ., , . e u

iossory to :iverrecei vmg, or aiding in the concealment ot property so ob-
a former trial tainc 1. i. shall not be necessary to aver, or to prove on

the trial thereof, that the person who stole, robbed, or

took the property, has been convicted.

Sec. Gl. If the property stolen consist of any bank
books' embez- no'e, boii 1, bill, covenant, bill of exchange, draft, order
sled ucertam-or r<.>ccipt, or aily evidence whatever, or any public secu-
ri v, or any instrument whereby any demand, right, or
ion may be assigned, transferred, created, increas-
ed, released, ex Inguished, or diminished, the money due
theivon, or secured thereby, and remaining unsatisfied,
or which in an}' event or contingency might be collected
thereon, or the value of the property transferred, or ef-
fected, as the case may be, shall be adjudged the value
of the thing stolen.

TITLE VI.

OF FORGERY AND COUNTERFEITING.

Sec. 62. If any person with intent to defraud, falsely
xwntwfeiting make, alter, forge,' or counterfeit any public record, or
'.eflned. any process, issued or purporting to be issued by any

compebeht authority, or any pleading or proceeding filed
or entered in any court of law or e luity; or any attesta-
tion, or certificate of any public officer, or other person,
in relation to any matter wherein such attestation or
certificate is required by law, or may be receive!, or be
taken as legal proof, any charter, deed, will, testament,
bond, writing obligatory, power of attorney, letter of
credit, policy of insurance, bill of lading, bill of exchange,
promissory note, or any order, acquittance, discharge, or
accountable receipt for money, or other valuable thing, or
any acceptance of any bill of exchange, promissory note
or order, or of any deb' or contract, or any other instru-
ment in writing, being or purporting to be the act of anoth-

129

er, by which any pecuniary demand, or obligation, or
any right or interest in or to any property whatever is or
purports to be created, increased, transferred, conveyed,
discharged, or diminished, he shall be punished by im-Penaity
prisonment not more than ten years.

Sec. 63. If any person utter and publish as true, anyutterany re
record, process, certificate, deed, will, or any other mstru-cor
ment of writing, mentioned in the preceding section,
knowing the same to be false, altered, forged, or counter-
feited, with intent to defraud, he shall be punished by im-
prisonment, not exceeding fifteen years, and fined not
more' than one thousand dollars.

Sec. 64. If any person with intent to defraud, falsely

, c J./--i A x-l- Counterfeit os

make, utter, forge, or counteiieit any note, certificate, flirge note or
bond, warrant, or other instrument, being public §€curityimW'c **u-

' ' . *•_ S r - ■ . J ment.

for money, or other property issued or purporting to be
issued by authority of this or any other Territory, or any
State of the United States, or any indorsement or other
writing, purporting to transfer the right or interest of any
holder of such public security, he ^hall be punished byp .
imprisonment not more than twenty years, nor less than
five years.

Sec. 65. If any person make, alter, forge, or counter-
feit any bank bill promissory note, draft, or other evidence, f nny corpora
of debt issued or purporting to be issued by any corporation^"^*6 or
or cempany duly authorized for that purpose by any State
or Territory of the United States, or any other government
or country, with intent to injure or defraud, he shall bepenaity
punished by imprisonment not more than ten years, or by
fine not more than one thousand dollars.

Sec 66. If any person has in his possession any forged, Any person
counterfeited, or altered bank bill, promissory note, draft. having in nia

.. e i i_ • 1 ■ i- possession a»»

or other evidence of debt issued or purporting to be is-of the ntxn-e
sued, as is mentioned in the preceding section, with intent
to defraud, knowing them to be so torged, counterfeited,
or altered, he shall be punished by imprisonment not morePena,ey
than five years, or by fine not exceeding five hundred dol-
lars.

Sec. 67. If any person utter or pass or tender in pay-Ar»y person of
ment as true, any false, altered, forged or counterfeitbond! pa8* a
note, certificate, bond, warrant, or other instrument of

130

public security, or any bank bill promissory note, draft, or
other evidence of debt, issued or purporting to be issu-
ed, by any corporation or company, duly authorized
as heretofore mentioned, knowing the same to be false,
Penalty. altered, forged or counterfeit, with intent to injure or
defraud, he shall be punished by imprisonment not more
than ten years, or line not exceeding one thousand dol-
lars.

Engnvts fonhe Sec. 68. If any person engrave, make or mend, or
iny^8nyfkind"^e^n t0 enorave' make or mend any plate, block, press,
'or o:her tool, instrument, or implement, or make or pro-
vide any paper or other materials adapted, and designed
for the forging, or making any false, and counterfeit
note, certificate, bond, warrant, or other instrument of
public security for money, or other property of this or any
other Territory or State of the United States, or any bank
bill, promissory note, draft, or other evidence of debts is-
sued or purporting to be issued by any corporation or com-
pany, and every person who has in his possession, any such
plate or block engraved in any part or any press or other
instrument or implement, paper, or other material adapted
and designed as aforesaid, with intent to use the same, or
to cause or permit the same to be used in forging, or mak-
ing any such false and forged certificates, notes, bonds,
warrants, public securities, or evidences of debt, shall
be punished by imprisonment not more than five years,
nor less than one year.

Penally

Sec. 69. If any person forge, or counterfeit any gold

' tM&tinc v"r0r s^ver com» current by law or usage within this Terri-

•30 dollars. ritory, and if any person have in his possession at the same

time to the amount of twenty dollars or more, of false

money or coin, counterfeited in the similitude of any gold

or silver coin current as aforesaid, knowing the same to

be false and counterfeit, and with intent to utter or pass

pena-cy. the same as true, he shall be punished by imprisonment

not exceeding ten years, nor less than one year.

Sec. 70. Any person who has in his possession any
Have m his amount less than twenty dollars of counterfeit coin or false
P"sse!SiT\,,*s*nioneY, mentioned in the preceding section, knowing the

than 20 dollari J ' . . r- •?•

same to be false or counterfeit, with intent to utter or pass
the same as true; and any person who utters or tenders in
payment any false and counterfeit coin, knowing the same

131

to be false and counterfeit, shall be punished by imprison-Penolt>'-
ment not more than eight years, or fined not more than one
thousand dollars.

Sec. 71. If any person fraudulently connect togethere<mne«tNi
different parts of several given bank bills, notes or otherb?us!°
instruments in writing, so as to produce one instrument;
or alter any note or instrument in writing in a.matter that
is material, with intent to defraud, the same shall be de-
clared forgery in like manner as if such bill or note, or
other instrument had been forged and counterfeited, andpenaity.
the offender shall be punished accordingly.

Sec. 72. If any fictitious or pretended signature of Fictitious sit
an officer or agent of any corporation be fraudulently af-nalure8,
fixed to any instrument of writing, purporting to be a
note, draft, or other evidence of debt issued by such cor-
poration, with intent to utter or pass the same as true, it
is forgery, though no such person may ever have been an
officer or agent of such corporation, nor such corporation
have ever existed; every person guilty of this offence shallPe"»Kv.
be punished by imprisonment not more than five years, or
by fine not exceeding one thousand dollars.

Sec. 73. The total or partial erasure, or obliteration ofpartiai ensure
any record, process, certificate, deed, will, or any otherof 8,gnature-
instrument in writing mentioned in this division, with in-
tent to defraud, shall be deemed forgery, and the offender
shall be punished by imprisonment not more than five ena y'
vears, or fined not exceeding one thousand dollars.

Sec. 74. If any person having been convicted of eith-Conricted*©"f
er of the offences mentioned in sections from 64 to 70 inthe *bove-
this division, be afterwards convicted of a like offence; or
if any person at the same term of court, be convicted of
three such distinct offences, he shall be punished by im-Pena,t-v"
prisonment not exceeding ten years, nor less than three
years.

Sec. 75. If any person cast, stamp, engrave, make, orHavingjn p^.
mend, or have in his possession any mould, die, press orse8sion d';es &c
other instrument or tool, adapted and designed for forging
or counterfeiting of any coin before mentioned, with in-
tent to use the same, or permit the same to be used forPena)t
that purpose, he shall be punished by imprisonment not

132

more than five years, or by fine not more than one thoiis
and dollars.

Sec. 76. If any person forge or counterfeit any gold
Haying coun- or silver coin of any foreign government or country, with

lerfeit cmnof . ,J ° » . J'

other country, in Lent to export the same to injure or defraud any such
government, or the citizens thereof; he shall be punished
penalty. by imprisonment not exceeding ten years.

Sec. 77. Any person who is convicted of having forg
counterfeit ed, counterfeited, or falsely obtained the great seal of the
ritory. Territory, or the seal of any public office auihorized by

law; or the seal of any court, corporation, city or county:
or who falsely makes, forges, or counterfeits any impres-
sion purporting to be the impression of any such seal, with
Penalty. intent to defraud, shall be punished by imprisonment not
exceeding ten years.

TITLE VII.

OFFENCES AGAINST PUBLIC JUSTICE.

Sec 78. If any person on oath or affirmation lawful
Perjury e ne j administered, wilfully and corruptly swear, or affirm
falsely to any material matter in any proceeding in any
Court of justice, or before any officer thereof, or before
any tribunal or officer created by law, or in any proceeding,
or in regard to any matter or thing in or respecting which
an oath or affirmation is or may be required or authorized

Penalty. by law, he is guilty of perjury, and shall be punished, if
the perjury was committed on the trial of a capital or fel-

MBafty* CaSe'onious crime, by imprisonment for life, or any term of
years not less than ten; and if committed in any other
case, by imp-isonment not more than ten years, nor less than

i;r,viso fcvfo years: Provided, That any person who by wilful and

corrupt perjury or subornation of perjury, shall procure the
conviction and execution of any innocent person, shall be
deemed and adjudged guilty of murder, of the first degree
and punished accordingly.

Subornation.

Sec. 79. If any person endeavor to incite or procure
another to commit perjury, he%is guilty of subornation of
perjury, and shall be punished as provided in the preced
ing section.

133

Sec. 80. If any person endeavor to incite another to£ttemPl t0 HU
commit perjury, though no perjury be committed, he shall °
be punished by imprisonment not more than five years, orpQnaitv.
by fine not more than five hundred dollars.

Sec. 81. If any person give, offer, or promise to anyA«emptto
executive or judicial officer, or member of the LegislativeCer.eany °
Assembly, any valuable consideration, gratuity, service,
or benefit whatever, with intent to influence his act, vote,
opinion, or judgment in any matter, question, cause, or
proceeding, which may be pending, or which may legally
come, or be brought before him in his official capacity, hepenaity
shall be punished by imprisonment not more than five
years, or by fine not more than one thousand dollars.

Sec. 82. If any executive or judicial officer, or mem'Any officer*
ber of the Legislative Assembly accept any valuable con-ceive Bny lmb*
sideration, gratuity, service, or benefit whatever, or any
promise to make the same, or to do any act beneficial to
such officer or member under the agreement, or with the
understanding that his vote, opinion, decision, or judg-
ment, shall be given in any particular manner, or upon
any particular side of any question, cause, or other pro-
ceeding, which is, or may by law be brought before him
in his official capacity, or that in such capacity he will
make any particular nomination or appointment, he shallp«naity
be imprisoned not more than ten years, or be fined not
more than two thousand dollars, or fine and imprisonment
at the discretion of the Court.

Sec. 83. Any person who is convicted under either of p*rson conv"
the two preceding sections, shall^for ever afterwards be dis-
qualified from holding any office under the laws of this
Territory.

Sec. 84. If any person give, offer, or promise any val-BrikeoroffOTto
uable consideration, or gratuity whatever to any onea"y Juror-
summoned, appointed, or sworn as juror, or appointed or
chosen arbitrator, or umpire, or referee, or to any appraiser
of real or personal estate, or any public officer, with in-
tent to influence the opinion or decision of any such per-
son in any matter, inquest, or cause, "which may be pend-
ing or can legally come before him, or which he may be
called on to decide in either of said capacities, he shall
9

134

Penalty. be punished by imprisonment not more than five years,
or by fine not exceeding one thousand dollars.

Ssc. 85. If any person mentioned or referred to in
TeTeiTe^tore- tne preceding section, shall take or receive any such val-
reive such vai-uable consideration or gratuity whatever, to give his ver-
dict, award, or report, in favor of any particular party in a
matter for the hearing or decision of which such person has
been summoned, appointed, or chosen as aforesaid, he shall
be punished by imprisonment not more than ten years, or
by tine not exceeding one thousand dollars, or by both
fine and imprisonment at the discretion of the Court.

„ , . ,. Sec 86. If any Marshal, Sheriff, deputy Sheriff, Con-

Marsnnl or otn- J r J

e.T officer re- stable, or other omcer, receive from a detenaant, or any

layTo perform otber person, apy money or other valuable thing, as a

his duty. consideration, or inducement for omitting or delaying to

arrest any defendant, or to carry him before a magistrate

or to prison, or for postponing, delaying, or neglecting to

perform any thing pertaining to the duties of his office,

Penalty. he shall be punished by imprisonment not more than one

year, or fine not more than fivre hundred dollars.

officemegiects Sec. 87. If any officer wilfully neglect or refuse to
io perform dmygerve any. process, or delay or omit to execute such pro-
cess, whereby any person charged with crime, or any crim
inal escape, he shall be punished by imprisonment not
more than one year, or by fine not exceeding one thousand
Penalty. dollars, or both fine and imprisonment, at the discretion
of the Court.

Sec 88. If any person having knowledge of the com
feion"Sforre^ mission of any offence punishable with death or impri-
ward in capiuisonment for life, take any money or valuable considera-
cases. tjon Qr gratuity, or any promise therefor, upon an agree-

ment or understanding expressed or implied, to compound
or conceal such offence, or not to prosecute the same, or
not to give evidence thereof, he shall be punished by im
prisonment not more than one year, or by fine not ex-
Penaity. ceeding four hundred dollars, or both fine and imprison-
ment, at the discretion of the Court.

Sec. 89. If any person having knowledge of the com-
Migprision of mission of any offence punishable with imprisonment for
not »p^aiTSe a limited term of years, is guilty of the offence described
in the preceding section, he shall be punished by impri

135

sonment not more than one year, or by fine not exceedingP6nalt>-
four hundred dollars, or both fine and imprisonment at
the discretion of the Court.

Sec. 90. If any Jailor or other officer voluntarily suf-jai]orsufi-erpri
fer any prisoner in his custody to escape, if upon charge or;0"er ™ a cap
conviction of capital offence, he shall be punished by ini-esape.
prisonment not more than ten years, nor less than onePenaltv
year; or if it be upon charge or conviction of a felony
other than a capital offence, he shall be punished by im-ony. ^
prisonment not more than eight years, or by fine not morePenalt
than one thousand dollars.

Sec. 91. If any Jailor or other officer voluntarily suf-If U])on char<,r
fer any prisoner upon charge or conviction of any publicof public of-
offence to escape, he shall be fined not more than five en
hundred dollars, or imprisoned not exceeding one year,Penalt},
or both fined and imprisoned.

Sec. 92. If any person by any means whatever, aid Aidtbeescape
or assist any prisoner lawfully detained in the custody of°f prisoner.
any officer, or in any place of confinement for any felony
"or misdemeanor, in an attempt to escape, whether such rattem?'-
escape be effected or not; or forcibly rescue any person
held in legal custody upon any criminal charge, he shall
be punished by imprisonment not more than ten j^ears, or
fine not more than one thousand dollars, or both fine and
imprisonment.

Sec. 93. If any prisoner convicted of any crime, ancl*f p»«kmi« es
sentenced to imprisonment for a less term than for life,
shall break his confinement, and escape from custody, he
shall be punished by imprisonment not exceeding fivePenalty_
years, to commence from and after the expiration of the
original term of his imprisonment.

Sec. 94. If any person shall knowingly and wilfullyRe<!isti ffi
resist or oppose any officer uf this Territory, or any per-cers or attempt
son authorized by law, or any Court, in serving or attempt-10"
ing to serve or execute any legal writ, will, order or pro-
cess whatsoever, he shall be punished by imprisonment
not exceeding one year, or by fine not more than one
thousand dollars, nor less than one hundred dollars, or
both fine and imprisonment, at the discretion of the
Court.

136

rwsonanegiect gEC 95 jf any person being lawfully required by
fist officer. any Marshal, Sheriff, Constable, or other officer, wilfully
neglect or refuse to assist him in the execution of his of-
fice, in any criminal case, or in any case of escape or res-
p-naity. Cue, he shall be punished by imprisonment not exceeding
six months, or fine not more than one hundred dollars.

Barratry.

Penalty.

Vndemeanor.

Sec. 96. If any Judge, Justice of the Peace, clerk of
any Court, Sheriff, Constable, Attorney or Counselor at
law, encourage, excite, or stir up any suit, quarrel, or
controversy between two or more persons, he shall be
punished by tine not exceeding five hundred dollars, and
shall be answerable to the party injured in treble dama-
ges sustained in consequence thereof.

Sec. 97. When any duty is, or shall be required by
law of any public officer, or of any person holding any
public trust or employment, every wilful neglect to per-
form such duty, where no special provision has been made
for the punishment of such delinquency is a misdemeanor.

Sec. 98. When the performance of any act is prohib-
ited by any statute, and no penalty for the violation of
such statute is imposed, the doing of such act is a misde-
meanor.

Misdemeanor. Sec. 99. Any person who is convicted of a misde-
meanor, the punishment of which is not otherwise pre-
scribed by any scatute, shall be punished by imprisonment

rvnaity. not more than one j^ear, or by fine not more than five
hundred dollars, or by both fine and imprisonment.

raise returns ®EC- *^. If any public officer fraudulently make or
of officers, give false returns, entiies, certificates, or receipts in cases
where returns, entries, certificates, or receipts are author-
ized by law, he shall be fined n^t exceeding five hundred
ivna;ty. dollars, or imprisoned not more than one year, or both
at the discretion of the Court.

TITLE VIII.

malicious mischief.

Mantling ani- Sec. 101. If any person maliciously kill, maim, or
disfigure any horse, cattle, or other domestic beast of
another, or maliciously administer poison to any such an-

mak.

137

imals; or expose any poisonous substances, with intent
that the same should be taken by them, he shall be punish-Penaity
ed by imprisonment not exceeding one year, or line not
exceeding three hundred dollars.

Sec. 102. If any person maliciously take down, injure, Alterin„ laU(J
or remove any monument erected, or any tree marked asmarks-
a boundary of any tract of land, city, or town lot, or de-
stroy, deface, or alter the marks of any monument or tree-
made for the purpose of designating such boundary, he
shall be punished by imprisonment not more than one
year, or by fine not more than two hundred dollars, or Penalty
fine and imprisonment at the discretion of the Court.

Sec. 103. If any person maliciously injure, deface,Destr°yil?£
or destroy any building or fixture attached thereto, or pits &c. I?gmi
wilfully and maliciously injure, destroy, or secrete any
goods, chattels, or valuable paper of another, or malicious-
ly prepare any dead fall, or dig any pit, or set any gun,
or arrange any other trap to injure another's person or pro-
perty, he shall be imprisoned not more than one year, orpenahy.
fined not exceeding five hundred dollars, or both fined
and imprisoned at the discretion of the Court; and is lia-
ble to the party injured in a sum equal to three times the
value of the property so destroyed or injured, or damage
sustained in a civil action.

TITLE IX.

OFFENCES AGAINST PUBLIC HEALTH.

Sec 104. If any person knowingly sell any kind ofSciiingUJ,
diseased, corrupted, or unwholesome provisions, whetherwnpiesomepr..
for meat or drink, without making the same fully known tOq^or"8°r '
the buyer; or if any person adulterate fraudulently, for the
purpose of sale, any substance intended for food, or any
wine, spirituous or malt liquor, or other liquor intended for
drinking, he shall be punished by imprisonment not more
than one year, or by tine not more than five hundred dol-penalu
lars, or both fine and imprisonment; and the article so
adulterated shall be forfeited and destroyed.

Sec. 105. If any person fraudulently adulterate f°rA(iulterat<>d
the purpose of sale, any drug or medicine, in such mannerdmgs.
as to lessen its efficiency, or change the effect or operation

138

of such drugs or medicine, or to make them injurious to
health; or sell them knowing they are thus adulterated,
he shall be punished by imprisonment not more than one
Penalty. year, or fined not more than five hundred dollars, or both
at the discretion of the Court, and such adulterated
drugs and medicines shall be forfeited and destroyed.

selling poisons Sec. 106. If any apothecary, druggist, or other per-
son, sell and deliver any arsenic, corrosive sublimate,
prussic acid, or any poisonous liquid or substance without
having the word "poison," and the true name thereof
written or printed upon a label attached to the vial, box,
or parcel containing the same, he shall be punished by
fine not exceeding five hundred dollars, and imprisoned

Penalty. ° . . ^

not more than one year, or both at the discretion of the
Court.

Against admin

Sec. 107. If any doctor, physician, apothecary, or any
litedng "^""""other person, shall give, communicate, or administer, or
known medi- bv their influence, counsel, advice, persuasion, suggestion,

■ mesorpoisons J , , L ,°

or by any means whatsoever, give, or cause to be given
by themselves directly or indirectly, or through the aid or
medium of any other person or persons, agency, or means
whatever, any deadly poison, whether animal, mineral, or
vegetable, such as quicksilver, arsenic, antimony, or any
mercurial, arsenical, or antimonial preparations therefrom;
or cicuta, deadly night-shade, hen-bane, opium, or any of
the diversified preparations therefrom; or any drugs, medi-
cines, and other preparations, such as chloroform, ether,
exhilarating gas calculated in their nature to destroy sen-
sibility, from any other poisonous minerals or vegetables,
to any citizen of the Territory of Utah, whether sick or
well, old or young, man woman or child, under pretence
of curing disease, or from any other real or pretended
cause, influence, argument, or from any design or purpose
without ex- whatsoever, without first explaining; fully, definitely, criti-

mainmgthe ., . ' , . J- „ » . J ■> ,

same, cally, simply, and unequivocally to the patient, and sur-

rounding friends and relatives, such as father, mother,
husband, wife, children, guardian, or others as the case
may be, and in plain, simple, English language, the spe-
cific nature, operation, and design of said poison, or poi-
sonous preparation, about to be, or intended to be given,
and have theiranc* procuring trje unequivocal approval, approbation and

approval. consent of the patient, if of mature years, and sound mind,
and of the parents, guardians, or other friends, to the
giving, administering, or communicating said poison so

139

intended, said doctor, physician, apothecary, person or
persons so administering said poison, without the full
and free assent of said patient and friends, shall he ad- Free assent,
judged guilty of a high misdemeanor, and be punishable in
any sum not less than one thousand dollars, and be im-
prisoned or confined to hard labor for any time not lesspenai«y-
than one year; and if the death of the patient or person
^o receiving the poison as above specified, shall follow the
tahing of the same, without being made acquainted with
the nature thereof, then the doctor, physician, apothecary,
person or persons so giving or causing to be giv< n saidsaid persons
poison, shall be adjudged guilty of manslaughter, ormur-*^^"1^
der as the case may be, by any court having jurisdiction, tpr-
and be punished according to law for such crimes: Pro-
vided, That the administration of poisons as specified in the
fore part of this section, and the penalties thereof shall not
attach to doctors, physicians, and apothcaries, having their
own drugs, poisons and medicines, accompanying, and ad-
ministering to companies and individuals traveling through
the Territory, the same not being citizens of the Terri-
tory; but all such doctors and companies so traveling,
may administer to, and receive of their own drugs, poi-
sons, or medicines, with good intent, on their own respon-
sibility.

TITLE X.

OFFENCES AGAINST THE PUBLIC PEACE.

Sec. 108. If two or more persons voluntarily or byAff
agreement engage in any fight, or use blows or violence
toward each other in an angry or quarrelsome manner,
in any public place to the disturbance of the peace, they
are guilty of an affray, and shall be punished by iinpi"is-PenaUy
onment not more than three months, or fine not more than
fifty dollars.

Sec. 109, When three or more persons together, andRiot
in a violent or tumultuous manner, commit an unlawful
act, or together do a lawful act in an unlawful, violent,
or tumultuous manner, to the disturbance of others, they
are guilty of a riot, and every such offender shall be Pun"pena],y
ished by imprisonment not more than one year, or by fine
not more than five hundred dollars.

140
TITLE XI.

JUSTIFIABLE KILLING AND THE PREVENTION OF PUBLIC OF-
FENCES.

La . . . Sec. 110. Lawful resistance to the commission of a
ancoindefencepublic offence, may be made by the party about to be in
<-f person or jured, 01- by others. Resistance sufficient to prevent the of-
fence may be made by the party about to be injured, first
to prevent an offence against his person; second, to pre
vent an offence against his wife, child, father or mother,
brother or sister; third, to prevent an illegal attempt by
force, to take or injure property in his lawful possession.

Sec. 111. Any other person in aid or defence of the
o property. pergon about to be injured, may make resistance sufficient,
to prevent the offence.

Sec. 112. If any person shall kill another in his own
homicide de- defence, as above provided, or in a sudden heat of passion
dned. caused by the attempt of any such offender to commit a

rape upon his wife, daughter, sister, mother, or ether fe-
male relation or dependant; or to defile the same, cr when
the defilement has actually been committed, or in defence
of his habitation against any person who attempt to en-
ter in a violent, tumultuous, or riotous manner, Or offers
any personal violence to any inmate thereof, either dwel-
ling or being therein, shall be deemed justifiable homi-
cide.

i fear not jua^ ^ec. *^* A bare fear of any of these offences being
tify the kiiling.about to, or having been committed, shall not be .sufficient
to justify the killing. It must appear that the circum-
stances were sufficient to excite the fears of a reasonable
person, and that the party killing, really acted under the
influence of those fears, and not in a spirit of revenge.

If officer when.

Sec. 114. If an officer in the execution of his office
esisted k its, in a criminal case, having a legal process, be resisted and
whenjustiried-assailed, he shall be justified if he kill the assailant. If
any officer or private person attempt to take a person
charged with treason, murder, rape, burglary, robbery,
arson, perjury, forgery, counterfeiting, or other crime
known, denominated felony by the law, and he or they be
resisted in the endeavor to take the person accused, and

141

to prevent the escape of the accused by reason of such
resistance, he or she be killed, the officer or private per-
son so killing, shall be justified.

Sec. 115. Justifiable homicide may also consist in un-

• j -ii •, . , mi i • i-i Shall consist in

avoidable necessity, without any will, or desire, and with -unavoidable
out any intention or negligence in the party killing. An"6063''^-
officer who, in the execution of public justice puts a per-
son to death in virtue of a judgment of a competent Court
of justice, shall be justified; the officer must however
proceed in the performance of his duty, according to the
direction of the Court, and the law of the land.

Sec. 116. Excusable homicide, by misadventure, isrjnt0rtunatei)
when a person in doing a lawful act without any inten-!5'11* p,,a" •**
tion of killing, yet unfortunately kills another, as when a
man is at work with an axe, and the axe flies off the han-
dle, and kills a bystander, it is only a misadventure, and
all other instances which stand upon the same footing of
reason and justice as those enumerated, shall be consider-
ed justifiable or excusable homicide. The homicide ap-
pearing justifiable or excusable, the person indicted shall
upon his trial, be fully acquitted and discharged.

TITLE XII.

GENERAL DEFINITION AND PROVISION AS TO CRIMES AND
OFFENCES.

Sec. 117. Public offences are divided into felony andFeiony and
misdemeanors. A felony is an offence punishable withmisdem6anor
death, or imprisonment for a term of one year or more;
every other offence is a misdemeanor. No person can be
punished for a public offence except upon legal conviction
in a court having jurisdiction thereof. All criminal pro-
secution shall be commenced and carried on in the name ofPro:'ecut,ons)j
"the people of the United States in the Territory of Utah."ce'd.

Sec. 118. No person shall be subject to a second pro-No person m\>
secution for a public offence for which he has been oncej^,10860011
prosecuted, and legally convicted or acquitted.

Sec. 119. Words importing the singular number only Definition ot

- „ terms and "
5structio»f-

may be extended to several persons or things; and words^"""

importing the plural number only, may be applied to one

142

person or thing; and words importing the masculine gen-
der only, may be extended to females. All words and
phrases shall be construed according to the context, and
the approved usage of the language ; but technical words and
phrases, and such others as may have acquired a peculiar
and appropriate meaning in law, shall be construed ac-
cording to such peculiar and appropriate meaning.

a private per- Sec. 120. A private person, who has arrested another
soa may arrestfor t]ie commission of a public offence, must without un-

necessary delay, take him before a magistrate, or deliver

him to a peace officer.

Sec. 121. There is no distinction between an accesso-
Voretlw&ct, ry before the fact, and a principal, in the commission of
a public offence, whether they directly commit the act
constituting the offence, or aid and abet in its commission,
though not present; they must be indicted, tried, and pun-
howVunished.ish^ as principals. An accessory after the fact may be
indicted, tried, and punished, though the principal be nei-
ther tried nor convicted.

Enticing a fe- Sec. 122. Upon a trial for enticing or taking away an
ma'a away, unmarried female of previously chaste character, for the
purpose of prostitution; or aiding or assisting therein; or
for seducing and debauching any unmarried woman of
previously chaste character; or on trial for rape, or at-
oa trial for tempt to commit rape, the testimony of the party injured
t.-ftifv" yma> being corroborated by the attending circumstances, tend-
ing to convict the defendant of the commission of the of-
fence, shall be deemed sufficient.
»
ourt may eon- Sec. 123. When a person is convicted of a public of-
tine prisoner tofence the punishment for which is imprisonment, the

Wall and cbain ~ r, . . , , ,, -A i ■ t ii

and labor. Court may direct that he wear a ball and chain, and that
he perform hard labor during the term of his imprison-
ment.

n« bar to civil Sec 124. No conviction and consequent punishment
BUIt of imprisonment and fine shall be any bar to a civil suit

for damages.

Sec. 125. When any person shall be convicted of any

Mode of pun- crime, the punishment of which is death according to the

provisions of this act, and sentenced to die, said person

143

shall suffer death by being shot, hung, or beheaded, as
the Court may direct, or the person so condemned shall
have his option as to the manner of his execution.
Approved March 6, 1852.

\N ACT PROVIDING FOR THE BRIDGING OF
DITCHES OR SECTS LEADING ACROSS THE
HIGHWAYS.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That if any person or per-£n* ^^w.
sons shall have taken, or may hereafter take water out ofof channel,
the natural stream or sect, where it is wont to flow, and
conduct the same, or any part thereof, across any public
highway, or road, by means of a ditch or sect, any person
or persons so conducting water, shall be required to make
®r cause to be made a good and sufficient culvert or gravel Wake good
ford, or bridge over such ditch or sect and keep the samebn g9'
in repair where the same crosses any such public road or
highway, to the acceptance of the Supervisor of the dis-
trict where the ditch or sect shall have been made.

Sec. 2. If any person or persons, so conducting water, Supervisor to
shall neglect, or refuse to make the necessary bridge, cul-,™ expense* of
vert or ford, agreeably to the provisions of this act, thenPer*sn-
it shall be the duty of the Supervisor to make, or cause to
be made, a suitable bridge, culvert, or ford across the
ditch or sect at the expense of the person or persons so
offending, and may recover the same by a suit at law, be-
fore any court having jurisdiction in the matter.

Approved, March 3, 1852.

AN ACT TO PROVIDE FOR THE FURTHER OR-
GANIZATION OF THE MILITIA OF THE TER-
RITORY OF UTAH.

Sec. 1. Be it enacted by the Governor and Legislative As-
mnblyofthe Territory of Utah, That the Militia of the Ter-

144

Nauvoo Legionr jtory of Utah shall consist of one Legion, to be called the
Nauvoo Legion.

Lieut Gen. SEc. 2. The Nauvoo Legion shall be commanded by
a Lieutenant General, which shall be elected by a majori-
ty of the votes given, of the commissioned officers of said
Legion, and commissioned by the Governor.

vacancy of. In case of a vacancy occurring in the office of Lieuten-
ant General, the ranking Major General shall take com-
mand until the vacancy is filled.

All elections for filling the office of Lieutenant General
to be ordered by the Governor.

Sec. 3. The organization of said Legion into Divisions,

Organization _ . , ,-.. ° t-, ,. r~, ° ■ j t\. ., • .

under Lt Gen.Bngades, Regiments, Battalions, Companies, and Districts,
shall be carried out under the direction of the Lieutenant
General.

staff ofLt.Gen Sec. 4. The Staff of the Lieutenant General shall con-
sist of Heads of Departments, as hereinafter provided for,
— three Aides with the rank of Colonel; two Topographi-
cal Engineers with the rank o^Colonel; a Military Secre-
tary with the rank of Lieutenant Colonel, and two Chap-
lains.

Sec. 5. The Adjutant General shall have the rank of
panm^m'rff8 Brigadier General; and in his department there shall be,
to each Division a Division Inspector with the rank of
Colonel; to each Brigade a Brigade Inspector, to serve
also as a Brigade Major, with the rank of Major; and to
each Regiment, separate Battalion, and District, an Ad-
jutant with the rank of Captain.

Sec. 6. The Commissary General of Subsistence shall
jpommissary have tne rank 0f Brigadier General ; and in his depart-

Gen. depart- , ■,,,, , i t\- • • r\- • ■■• n •

mentof. ment there shall be to each Division, a Division Lommis-
sary with the rank of Colonel; to each Brigade a Brigade
Commissary with the rank of Major; and to each Regi-
ment, separate Battalion and District, a Commissary of
Subsistence, with the rank of first Lieutenant.

Sec. 7. The Quartermaster General shall have the rank

depnrtmentof!of Brigadier General; and in his department there shall be

so many Military Store keepers, for the safekeeping, and

the preserving of the Territorial fortifications and Military

145

stores, belonging to this Territory, as the Lieutenant Gen-
eral may find it necessary to appoint, not exceeding one
to each District.

Sec. 8. In the Paymaster General's Department,there„
shall be a Paymaster General with the rank of Colonel; todepartment «r
«ach Division a Division Paymaster with the rank of Ma-
jor; to each Brigade a Brigade Paymaster with the rank
of Captain; and to each Regiment, separate Battalion, and
District, a Paymaster with the rank of first Lieutenant.

Sec. 9. In the hospital department, there shall be a„
Surgeon General with the rank of Colonel; to each Di vis-department of.
ion a Surgeon of Division with the rank of Lieutenant Co-
lonel; to each Brigade a Surgeon of Brigade with the rank
of Major; to each Regiment a Surgeon with the rank of
Captain; and to each separate Battalion and District, a
Surgeon's Mate with the rank of second Lieutenant.

Sec. 10. In the Color Department there shall be
two Color Bearers General with the rank of Captain; and^i^ depart
to each Regiment and separate Battalion two Sergeant
Color Bearers.

Sec 11. In the Music Department there shall be aMugi, d
chief of Music with the rank of Colonel; and to each Regi-mcnt.
ment, separate Battahon, and District, a principal Musi-
cian, with the rank of Sergeant Major.

Sec 12. There shall be to each Regiment a Sergeant
Major and a Quartermaster Sergeant.

Sec 13. The chief of each Staff Department shall,
under the direction of the Lieutenant General, have com-^|g^de?an
mand over all subordinate officers in his department, and
shall, from time (o time, issue orders and instructions for
their government and practice.

Sec 14. It shall be the duty of the Adjutant General
to furnish the subordinate officers of his department, andGen* ° Jt
the chief of each of the other departments, all blank forms
of returns, precepts, warrants, and proceedings necessary
in each department, at the expense of the Territory.

Sec 15. Heads of departments shall be appointed by
the Lieutenant General.

146

Bngadeingpes- gEC# \ q. Division and Brigade Inspectors and Com-
mS^ies^how-missariesof Subsistence, shall be appointed by the Corn-
appointed, maniersof the Divisions and Brigades from the officers of
the line in their respective commands, and shall constitute
their Staff. Military Store keepers shall be appointed by
the Lieutenant General. Adjutants and Commissaries of
Subsistence of Regiments, separate Battalions, and Dis-
other staff of- tricts. shall be appointed by the Commanders of such, from
pofnted°W ap" the officers of the line in their respective commands. Di-
vision, Brigade, Regimental, Battalion, and District Sur-
geons and Paymasters shall be appointed by the respect-
ive Commanders of the Divisions, Brigades, Regiments,
separate Battalions, and Districts, to which they are at-
tached, subject to the approval of the Lieutenant General.

Sec 17. It shall be the duty of the Adjutant General
Gony °f Adjt' *° keeP m his office a correct rank roll of all the officers of
the Legion, together with muster rolls of all musters made
throughout the Legion, as well as a record of all property
in charge of the several heads of departments, and the
proceedings of the departments, together with a full and
correct report of all expeditions, and the expenses accru-
ing thereon.

Sec. 18. It shall be the duty of heads of departments
Duty of heads to furnish the Adjutant General, on or before the first day
c I department^ April and the first dav of October in each year, with a

full and correct report of all proceedings and expenditures
in their respective departments, together with a report and
description of all property in charge of themselves and the
subordinate officers of their departments.

» ut> of eom- Sec 19. It shall be the duty of Commanders of Di-
twsaders. visions and Brigades; of Regiments and separate Battalions
not attached to Brigades or Divisions; and of Districts,to
furnish the Adjutant General with correct reports and
muster rolls of all company and other musters and drills,
withii* twenty days after such muster or drill. And, on
failing so to do, such commander shall be liable to fine or
dismissal, or to be cashiered, at the discretion of a general
Court Martial. And it shall also be the duty of such
commanders to report all officers under their command
who shall neglect or refuse to make said reports and re
turn said rolls to them within the specified time; and such

147

delinquent officer shall be fined, dismissed, or cashiered,
at the discretion of a general Court Martial.

Sec. 20. A Division shall consist of not less than twooivisicns iww
nor more than four Brigades; and may be composed of onetffice,ed-
Brigade of Cavalry and one Brigade of Infantry. And
to each Division there shall be one Major General, one
Division Inspector, one Division Commissary, one Divis-
ion Paymaster, one Surgeon of Division, and two Chap-
lains.

Sec 21. A Brigade of Cavalry, Artillery, Light Ar-Brisradeh4,w
tillery, Infantry or Riflemen, shall consist of not less than" '"fleered
two nor more than four Regiments ; and to each Brigade
of Infantry there shall be attached one company of Artil-
lery ; and to each Brigade of Cavalry, one company of
Light Artillery. To each Brigade there shall be a Briga-
dier General, one Brigade Inspector, one Brigade Commis-
sary, one Brigade Paymaster, one Surgeon of Brigade,
and one Chaplain.

Sec 22. A Regiment of Cavalry, Artillery, Light Ar-
tillery, Infantry, or Riflemen, shall consist of not less thanRegim6Ilt'
four nor more than eight companies; and to each Regi-
ment of Infantry there shall be two uniform companies,
which will supply the place of Grenadiers and Riflemen.
To each Regiment there shall be one Colonel, one Lieu-How <**"**■
tenant Colonel, one Major, one Adjutant, one Commissa-
ry of Subsistence, one Paymaster, one Surgeon, one
Chaplain, one Sergeant Major, one Quartermaster Ser-
geant, one principal Musician, and two Sergeant Color
bearers.

Sec. 23. A separate Battalion of Cavalry, Artillery, separate bat
Liffht Artillery, Infantry, or Riflemen, shall consist of nott?,lon; how ,!
less than two nor more than four companies. To each
separate Battalion there shall be one Major, one Adjutant,
one Commissary of Subsistence, one Paymaster, one Sur-
geon's Mate, one principal Musician, and two Sergeant
Color bearers.

Ssc. 24. A company of Cavalry shall consist of not
less than twenty -five nor more than fifty-seven privates. Cavalry com
To each company of Cavalry there shall be one CaptainX*™/'0*
one first Lieutenant, one second Lieutenant, one third

Huh- divided

148

Lieutenant, four Sergeants, four Corporals, and two Bu-
glers.

\rtiii com- Sec. 25. A company of Artillery, Light Artillery, In -
pany; how of- fantry, or Riflemen, shall consist of not less than forty-
one, nor more than eighty-nine privates. To each com-
pany of Artillery, Light Artillery, Infantry, or Riflemen,
there shall be one Captain, one first Lieutenant, one sec-
ond Lieutenant, one third Lieutenant, four Sergeants,
four Corporals, and two Musicians.

Nauvoo Legion Skc 26. The Nauvoo Legion is hereby divided into
Military Districts, as follows, to wit:

1st. The Great Salt Lake Military District shall in-
clude all the Militia within the boundaries of Great Salt
Lake City.

2d. The Davis Military District shall include all the
Militia within the limits of Davis county.

3d. Weber Military District shall include all the Mili-
tia within the limits of Weber county.

4th. The Box Elder Military District shall include all
the Militia within the limits of Box Elder county.

5th. The Western Jordan Military District shall in-
clude all the Militia in Great Salt Lake county west of the
Jordan river.

6th. The Tooele Military District shall include all the
Militia within the limits of Tooele county.

7th. The Cottonwood Military District shall include all
the Militia in Great Salt Lake county, south of the south
line of Great Salt Lake city and east of the Jordan river.

8th. The Utah Military District shall include all the
Militia in Utah county.

9th. The San Pete Military District shall include all
the Militia within the limits of San Pete county.

10th. The Pauvan Military District shall include all
the Militia within the limits of Millard county.

11th. The Iron Military District shall include all the
Militia within the limits of Iron county.

12th. The Green river Military District shall include
all the Militia within the limits of Green river county.

mtoroi'.itary

Sec. 27. Where a Battalion, Regiment, Brigade, or Di-
vision, or more, is organized within a Military District,
Rwtricts; howthe ranking officer shall have command of the District,
commanded, -g^ where sucj1 an organizati0n does not exist, in conse-

149

quence of the too great distances between companies, then
the Lieutenant General shall appoint an officer to take
command of the District, subject to the election and re-
ception of the District, whose rank shall be in propor-
tion to the number of companies therein. If there be
no more than one company in the District, then the Cap-
tain shall be the commander of the District.

Sec. 28. It shall be the duty of Commanders of Dis-Duty°f cc:n
tricts to divide their Districts into company districts, andtrict?.*3"
cause that every male citizen within the bounds of such
company district, between the ages of eighteen and forty-
five years, (except such as are exempt by law,) shall be
enrolled by the Captain of the company, and shall per-
form military duty according to the requirements of
this act: Provided, That no citizen having previouslyp
and voluntarily enrolled himself in any other company,
and who continues to perform military duty in such com-
pany, shall be compelled to be enrolled in such company
district.

Sec. 29. There shall be a Muster and Inspection ofcompany mtu-
Arms of each company as often as two days in each year,tere-
on their own company parade grounds, at such times as
the Lieutenant General or District Commanders may or-
der.

Sec. 30. It shall be the duty of all general, regimen- Duty of Eta<r
tal and staff officers, to be on parade on the days of allan d othpr offi
company musters and drills in their respective commands,
to encourage and set example to the companies, and see
that a uniformity of discipline is carried out throughout
the whole, as may be directed by the Lieutenant General;
and to do and perform such duties as may be assigned them
by the Lieutenant General, or their District Commanders,
compatible with their respective ranks.

Sec. 31. Any non-commissioned officer, musician, orDellniuencl<'s
private, failing to attend any muster provided for by law,
and not remaining at the same for the time appointed, and
not having his arms, accoutrements, and ammunition, as
required by law, shall be liable to forfeit and pay not ex-
ceeding the sum of three dollars.

Sec. 32. All commissioned company officers, for an.
10

i Ourte Martial

150

offence of like nature shall forfeit and pay not exceeding
the sum of six dollars.

Sec. 33. All general and regimental officers, either
field or staff, for an offence of like nature, shall forfeit and
pay not exceeding the sum of twelve dollars.

Sec. 34. All fines, forfeitures and penalties accruing
as herein contemplated, shall be collected before Courts
Martial, detailed as follows, to wit:

From company officers, non-commissioned officers, mu-
sicians and privates, betore a Battalion, regimental or dis-
trict Court Martial

From regimental, field and staff officers and non-com-
missioned staff officers, before a brigade Court Martial; or
if no brigade is organized in the district, before a district
Court Martial.

From general and staff officers of brigades and divisions
before a general Court Martial.

From commanders and staff officers of districts, before a
general Court Martial.

Sec. 35. For the purpose of warning the non-com-
Duty of com- missioned officers, musicians and privates to any parade or
companies, place of rendezvous, required by law, the commandant ol
each company shall issue his warrant under his hand, to
his lieutenants and non-commissioned officers, requiring
them respectively to warn all persons within their respec-
tive prescribed beats, subject to military duty, enrolled in
his company, or within the bounds of his company dis-
trict, not enrolled in any other company, or all persons
named in the warrant, to appear at such parade or place
of rendezvous, armed and equipped as the law directs.

Sec 36. Each lieutenant or non-commissioned officer,
Duty of other {0 whom such warrant is directed, shall warn every per-
rompany fi- gQn w^om ^e shau ke therein required to warn, by read-
ing the warrant or stating the substance thereof in the
hearing of such person; or if such person be absent, by leav-
ing a notice thereof at his usual place of abode, with some
person of suitable age and discretion, or affixing the same
on the outer door of the house, in case no such person can
,be found therein.

Further duties.

Sec. 37. Such lieutenant or non-commissioned officer
shall deliver the warrant to his commandant with a return

151

thereon, of all persons by him warned, and the manner of
warning them respectively, certified to.

Sec. 38. Such commandant shall deliver the warrant
and return, together with his own return of delinquents
and delinquencies to the president of the proper Court
Martial.

Sec. 39. The return of such lieutenant or non-com-returns of de-

i«? ■ n i liii i-i Imquents.

missioned officer, so certified to, shall be as good evidence
on the trial of any person, returned as a delinquent, of
the facts therein stated, as if such officer had testified to
the same before the Court Martial on such trial.

Returns.

Sec. 40. Every commandant of a company shall make
the like return, and with like effect, of every delinquency
and neglect of duty of his lieutenants or non-commission-
ed officers, either in not attending on parade, or not exe-
cuting or returning a warrant to them directed, or not
obeying the orders of their commanding officers.

Sec. 41. Any commissioned officer of a company mayEnruJll!,c"u
without a warrant, warn any or all of the persons subject
to military duty enrolled in, or within the beat of the com-
pany, not enrolled in any other company, to appear at
any parade or place of rendezvous. Such warning may
be given by him either personally, or by leaving or affix-
ing a notice in the same manner as if given under the
warrant of the Captain of the company; and his certificate
shall be received by any Court Martial as legal evidence
<>f such warning.

Sec 42. All tavern-keepers, keepers of boarding-er^giveac
houses, persons having boarders in their families, andco,intof Per
house-keepers, upon their being thereto requested by the
commandant of the company within the district limits of
which they reside, or by the lieutenant or non-commis-
sioned officer of any such company, having a warrant from
such commanding officer, warn persons to attend any par-
ade, shall give to such commanding officer, lieutenant, or
non-commissioned officer, a true account of all persons
lodging or boarding with them, and of their names, if
known, to the end that such persons as are liable to do
military duty, may be warned to rendezvous according to
law.

Sec, 43. If any person, of whom such account is socoum

Oire false ac-

152

demanded, shall refuse to give such account and names,
or wilfully give a false account, he shall forfeit and pay
twenty five dollars.

Sec. 44. For the purpose of preserving order on the

civil arrest day of parade, the militia shall be considered as under

arms from the rising of the sun till its settine- on the same

day, and shall be exempt from arrest on civil process du-

ring that time.

_ . Sec. 45. Every commandant of a company may put

irme. under guard and return to the president or the proper

Court Martial the names of all persons in the company
who shall have discharged fire-arms on such day within
one mile of such parade, without the order or permission
of a commissioned officer of their respective company,
and also arrest or put under guard, and return the names
of every commissioned or non-commissioned officer, musi-
cian or private, who shall, on such day, refuse or neglect
to obey the orders of his superior officer, or to perform
such military duty or exercise as may be required, or de-
part from his colors, post or guard, or leave the ranks
without permission from his superior officer; or who shall
appear on parade wearing a false face, or other unusual
or ludicrous articles of dress, or any arms, weapons, or
other implements or things not required by law, and which
are calculated to interrupt the peaceable and orderly dis-
charge of duty.

ittirturb the
se*c«.

Sec. 46. Any commander, officer of division, brigade,
regiment, separate battalion, district, or company present
at any parade, is hereby authorized to put under guard
or commit to prison for the day, any person or person^
who shall, upon or near any parade ground, field, public
highway, or any other place occupied by the militia under
arms, by means of ludicrous disguises, dress, arms, and
instruments, or by any other means disturb the peaceabl?
and orderly proceedings of those under arms.

Sec. 47. All fines that shall be imposed by any brig
ade. regimental, battalion, or district Court Martial, shall
be reported by the president of the Court Martial to the
officer ordering it, or to his successor in command, with-
in ten days after such fines shall have been imposed. And
the officer ordering the court, or his successor in com-
mand, shall give written notice, within twenty days after

153

the imposition of the fines (ten days being allowed after
such imposition to take an appeal) to the president of theAp?6*1"-
Court Martial, of the penalties and fines which shall have
been by him remitted or mitigated, and of the appeals
which shall have been made from his decision; if of a
separate battalion, or regimental Court Martial, to the
commandant of the brigade or district; if of a Brigade
Court Martial to the commandant of the division or dis-
trict; and if of a Court Martial of a district, or of a di-
vision, to the Lieutenant General, which shall be the chan-
nel of appeal in all trials by Court Martial.

Sec. 48. For the purpose of collecting fines, the pre-e0jiectioa of
sident of the court shall, within ten days after the receiptfines-
of the written notice aforesaid, make a list of all the per-
sons of whom fines are to be collected, designating the
company to which they respectively belong, the sums im-
posed as tines on each person, and the persons who shall
have taken an appeal, and shall draw his warrant under his
hand and seal, directed to any constable of any city or coun-
ty (as the case may be) thereby commanding him to levy
such fine or fines, together with his costs, of the goods
and chattels of such delinquents; and if any such delin-
quent shall be under age, and live with his father or moth-
er, master or mistress, then to levy such fine or fines, with
the costs, of the goods and chattels of such father or moth-
er, master or mistress, as the case may be.

Seo. 49. Every such constable to whom any such listoutyof consta
and Avarrant shall be directed and delivered, may executebles-
the same by levying and collecting the fines, or by taking
the body of the delinquent, in any city, town, or county in
this Territory, and shall make return thereof, within twen-
ty days from the receipt of such warrant, to the president
who issued the same.

The execution of such warrant shall be suspended as
to those persons who shall have taken an appeal, until the
further order of such commandant. If the constable shall
not be able to collect the fines or take the bodies within
the twenty days prescribed, then the president issuing the
warrant may, at any time thereafter, within three years
from the time of imposing the fines, issue a new warrant
agaisnst any delinquent, or renew the former warrant
from time to time as it may become necessary.

154

Responsibility gEC- 59. Division, brigade, regimental, battalion, and
district commanders, ordering Courts Martial, are hereby
held responsible that all fines, collected by virtue of the
decision of such Courts Martial, shall be paid into the
public treasury of the Territory; and are moreover held
responsible for the amount of tines failing to be collected
through their negligence.

TITLE SECOND.

MISCELLANEOUS PROVISIONS.

Lite guards.

Sec. 51. The battalion of Life Guards in Great Sail
Lake county shall be an independent battalion, not
attached to any brigade or division, and shall be subject
at all times to the call of the Governor and Lieutenant
General.

Said corps may adopt such rules for the regulation of
equipage, size of horses, uniform, or any rules for the
benefit of said corps, that will not contravene any legis-
lative enactment, and subject to the approval of the Lieu-
tenant General.

Sec. 52. Said battalion may assemble for muster
When may and drill eight days in each year, six days of which shall
■Jri"- be as specified by the commandant of the battalion.

Fines for delinquencies at such musters shall be the'
same as assessed for delinquencies in other company mus -
ters.

Sec. 53. Commandants of companies of grenadier*,
other compan-rifiemen, or any other uniform or volunteer company, may,
■mt musters! Wlt^ their consent, call out their respective companies, not
to exceed five days in the year, in addition to the musters
and drills provided by law for the whole Militia of the
Territory; subject to the same fines as for other company
musters provided by law; and may also adopt such rules
as will be wholesome and beneficial to their respective
companies, and will not contravene any legislative enact-
ment.

t'recedence of ^ec. 54- Precedence of companies in regiments or

companies, separate battalions, and of regiments or separate battalions

in Brigades or districts shall be governed by superiority

of discipline, and by regularity of attendance on parades,

independent of letter of company, number of regiment.

155

or date of commanding officer's commission; and shall be
decided: of companies by regimental or battalion com-
manders, and of regiments or separate battalions, by brig-
ade or district commanders, subject to reference to the
Lieutenant General.

Sec. 55. All fines collected for additional companyFincs for addi
musters other than what is provided for the whole Militia;tloual musters-
may be appropriated for the benefit of the company, sep-
arate battalion or regiment in which the fine is collected,
in providing said company, separate battalion or regiment,
with colors, music, or such other decorations or equip-
ments as may be for the general good of "the company.

Sec. 56. All fines otherwise provided for, shall beFil>es> how ap
paid into the public treasury of the Territory, and shallpropmte
be appropriated to procure blanks of returns, rolls, &c,
required in the several military departments, for the es-
tablishment of a military school, or for such other pur-
poses that may tend to promote the general welfare of the
military cause as the Lieutenant may direct.

TITLE THIRD

MISCELLANEOUS PROVISIONS.

Sec. 57. In addition to the musters and drills of com- .
panies, two days in the year, there shall be a muster, drill, terk
and inspection of arms, of district commands one day,
between the first day of May and the last day in Septem-
ber in each year; the time and service to be performed, to
be prescribed by the Lieutenant General or district com-
mander.

Sec. 58. All officers of militia shall be commissioned
by the Governor.

Sec. 59. Non-commissioned company officers shall beNon-commi*.
appointed by the commanders of companies, and may besiene.a of?CfrJ

^- UDD01Ilt6(l

removed by them without consent of a Court Martial,
Sec. 60. All commissioned officers ('Staff officers ex-„f<-

l i\ i ii i i ii ^« i • Officers eleriHd

cepted) shall be elected by a majority of the votes given
of the commands to which they are attached.

Sec. 61. Commissions of officers shall be forwarded

156

h.Mv'r"-aivnd' *° ^e Persons f°r whom the y are intended, as soon as is-
' sued, by the Adjutant General; and it shall be the duty
of all persons receiving the same, to acknowledge such re-
ceipt by letter as soon as received, and state his accept-
ance or non-acceptance of the same. If the appointment
and commission are not accepted, the commission shall
immediately be returned.

Sec. 62. Commanders of divisions, brigades, reo-i-
J'owerofcourtsments, separate battalions, or districts, may call Courts
Martial for the trial of all officers, non-commissioned offi-
cers, musicians, and privates, in their respective com-
mands, and shall have power to enforce, mitigate, or re-
peal the decisions of such Courts Martial: Provided, That

Proviso. * .. .. , ,. . . _. _ '

no capital punishment shall be inflicted, noi a commis-
sioned officer dismissed or cashiered, by the sentence of
said Courts Martial.

resignations.

Varancie^,
)i»w filled.

Sec. 63. Resignations of officers shall be sent to their
respective battalion, regimental, brigade, division, or dis-
trict commanders, and may be accepted by them, subject
to the approval of the Lieutenant General: Provided, That
the name of the officer presenting such resignation shall
be continued on the rolls with the appropriate remarks
opposite his name until the mind of the Lieutenant Gen-
eral is known on the subject: Provided further, That in
case the acceptance of the resignation of an officer by
such commander, is not approved by the Lieutenant Gen-
eral, said officer shall be continued in his office, subject to
the same rules, laws and regulations as formerly.

Sec. 64. When an officer shall leave the limits of his
district, to be absent for a longer term than one year, the
Lieutenant General may, on application of two-thirds of
the officers of the command to which such absent officer
belonged, cause an election to be held in the command,
for another to fill his place; and immediately on such
election being held, the commission of the absent officr
shall become void, and the name of the person appointed to
supply his pHce, shall occupy the place of his name on
the rolls; otherwise his name shall be retained, and he-
may at any future time resume hits post in the command.

Sec 65. When a commissioned or non-commission-
pjipiui offenee.ed officer, musician or private is accused of a capital of-

157

fence, it shall be the duty of the accuser to prefer his
charge in writing, on affirmation, and present it to the
commanding officer of the district, separate battalion, reg-
iment, brigade or division to which the accused belongs;
or if such commanding officer is himself the accuser, the
charge shall be made out by him in the same manner;
and such original charge shall be forwarded by said com-
manding officer, with his suggestions, or remarks and sig-
nature, to the Adjutant General's office. It shall be the
duty of the Lieutenant General, within thirty days after the
receipt of such charge at the Adjutant General's office to
order a general Court Martial, to consist of not more than
twenty-three, nor less than nine members, to be detailed
as equally from the several districts of the Legion, as
the good of the service will allow, for the investigation of
the case and the trial of the accused: Provided, Thatproviw,
nothing herein contained shall be so construed as to pre-
vent courts of inquiry being called in the respective dis-
tricts, separate battalions, regiments, brigades, or divi-
sions, for the investigation of any charge preferred against
any officer, non-commissioned officer, musician, or private,
in such command.

Sec. 6G. It shall be the duty of every officer, non-
commissioned officer, musician, or private, preferring a
charge against another, to accompany such charge with a
specification which will contain a full and explicit explan-
ation of the offences of which the accused is charged.

TITLE FOURTH.

FURTHER PROVISIONS FOR THE ORGANIZATION AND REGU-
LATION OF THE MUSIC DEPARTMENT.

Sec. 67. The Lieutenant General may raise and or-
ganize a band, which shall consist of not more than fifty
members, and shall be officered by a Captain, and to every
sixteen members, one Lieutenant and one Sergeant.

Sec. 68. The Brigadier General of each brigade ofoavairy bantf,
cavalry, may raise and organize a band with brass instru-
ments, which shall consist of not more than twenty-five
members, and shall be officered by a captain, a first lieu-
tenant, and an orderly sergeant, subject to the order of
the division or district commander.

158

infantry band. gECi gg. The Brigadier General of each brigade, oi
infantry may raise and organize a band, with such instru-
ments as will be suitable for the use and service of the
corps, which shall consist of not more than twenty-five
members, and shall be officered by a captain, a first lieu-
tenant, and an orderly sergeant, subject also to the orders
of the division or district commander.

Sec. 70. The bands herein provided for shall be sub-
ject to the same rules, laws, and restrictions, as other vol-
unteer companies of the Legion.

Duty of compa- Sec. 71. Company musicians shall be subject to the
ny musicians. same ruieSj laWs, restrictions, &c, as non-commissioned
company officers, at company musters or drills. When
regiments or separate battalions are consolidated, it shall
be the duty of the principal musicians of the respective
regiments or battalions, to consolidate and take charge of
the company musicians, which, when consolidated, shall
form the regimental or battalion band of the regiment or
battalion to which they belong.

_.. . . Sec 72. It shall be the duty of the chief of music to

Chief of music,. -V *" . J ...

duty ef. furnish each chief of the band, and each principal musi-

cian in his department with a copy of all the calls, march-
es, and quicksteps, to be uniformly used throughout the
Legion : the expense of which shall be paid out of the
Territorial treasury. And it shall further be his duty to
see that the same calls are adopted correctly and uniform-
ly throughout the Legion.

TITLE FIFTH.

MISCELLANEOUS PROVISIONS.

uommamieM Sec 73- Ifc sna11 be tte duty of commanders of dis-
furnish reportstricts to furnish the Adjutant General with certified copies
of all orders issued by them, or by division, brigade, re-
gimental, or separate battalion commanders in their dis-
tricts, as well as with the proceedings and results of all
Courts Martial, called anl held in their districts, and with
all papers and communications that may be of service in
preserving a full and correct history of the Legion.

»«tyof Adjt. g^^ 74 The A(jjutant General shall perform the du

159

ties of inspector general; and it shall be his duty to inspect
the troops of each district, at least once in each year, un-
less otherwise ordered by the Lieutenant General.

Sec. 75. All free male citizens of this Territory, shall.,
be subject to military duty, within thirty days after theiruary'duty.'ox
arrival in any military district of the Territory; except thecop1.
Governor, Secretary of the Territory, Judges of the su-
preme, district, and probate courts, Select men, members
and officers of both houses of the Legislature, within twen-
ty days before and after each sitting of the Legislature;
the United States' marshall and attorney; and such others
as may be exempted by the Governor, and have received
■ a certificate of exemption from the Adjutant General.

TITLE SIXTH.

MISCELLANEOUS PROVISIONS.

Sec. 76. The Quartermaster General is hereby author-Erection ot
ized and instructed to take measures immediately for thestorage-
erection of a suitable building for the storage and preser-
vation of the public arms, ammunition, wagons, and oth-
er ordnance, camp equipage, and property designed for
the use and benefit of the Legion ; and also to cause said
property, arms, <fcc, to be put in immediate repair. And
he is further authorized to draw on the Territorial treasu-
ry, for the necessary amount to be expended in accom-
plishing the same. "

Sec. 77. The Adjutant General, the Quartermaster
General, Commissary General, and all others entrusted!^"" pm''
with public property, are hereby required to j_ive bonds
with approved security, which bonds with security to be
approved by the Territorial Secretary, and filed in his of-
fice, conditioned for the faithful discharge of their duty.

Sec. 78. The Lieutenant General shall have power to
increase or lessen the limits of military districts, and or Gen*' "f ''
ganize new districts : also to give instructions, when ne-
cessary, for the enrollment and organization of new com-
panies, and make such arrangements for the general good
of the Legion, as he may find necessary, which will be
compatible with the provisions of the law.

160

Sec. 79. All acts, heretofore passed, not compatible
with the provisions herein contained, are hereby repealed.
Approved, Feb. 5, 1852.

AN ACT IN RELATION TO THE INSPECTION OF
SPIRITUOUS LIQUORS.

Inspector. Sec. 1. Be it enacted by the Governor and Legislative

Assembly of the Territory of Utah, That there shall be, and
hereby is created the office of a Territorial Inspector of
spirituous liquors.

Sec. 2. The Territorial Inspector of liquors, shall be
eor.appaiBt. appointed by the Governor, and may be removed atplea-

Li uorsimpec- ^ec. ? -^ spirituous liquors manufactured or impor-
i ion. ported into this Territory, before being offered for sale,

shall be inspected by the Territorial inspector of liquors,

or his deputy.

i aspect and Sec. 4. It shall be the duty of the inspector of liquors,
iUor"" or deputy to inspect and prove all liquors that he may be
called to prove or gauge, &c, and attach his mark or seal
on the vessels containing the same.

sykeihydrom- Sec. 5. Be it further enacted, That Sykes Hydrometer
•lor- and Scale adopted by the British Board of Excise, July

2nd, 1816, be, and is hereby adopted as the standard for
the proving spirits, in the Territory of Utah.

j^hRii denote. Sec. 6. All spirits shall be deemed of the strength
which Sykes Hydrometer denotes them.

skiing liquors Sec. 7. Any person selling spirituous liquors, that
msrw e . ^ave not been inspected and approved by the inspector or

penalty. deputy, according to the provisions of this act, shall for
feit and pay any sum not exceeding five hundred dollars
for every such offence, at the discretion of the court hav-

161

ing jurisdiction, to be paid into the Territorial Treasury.
Approved, Feb. 5, 1852.

AN ACT LOCATING THE COUNTY SEAT OF DA-
VIS COUNTY.

Sec. 1 . Be it enacted by the Governor and Legislative ^*-count» M<.-
sembly of the Territory of Utah, That the county seat ofwhfre 'f^'f
Davis county shall be, and hereby is located at north Cot-
tonwood creek in said county.

Sec 2. It shall be the duty of the county Court toC°uj»«* '<£'
locate the site for said county seat on said creek, at the
most eligible point, who shall also cause a survey for thesurvBy feoiT
same, and record the plot thereof in the Recorders office;™3'26
a copy of which record shall also be returned to the Sur-
veyor General's office at the seat of Government.

Sec 3. That said county seat, shall be, and hereby is
known by the name of Farmington.
Approved, February 18, 1852.

AN ACT TO PROVIDE FOR THE ORGANIZATION
OF MILLARD COUNTY, AND TO NAME THE
SEAT OF GOVERNMENT.

Sac. 1. Be it enacted by the Governor and LeyislativeBouua^-i
Assembly of the Territory of Utah, That, that portion of
Iron county known as Pauvan valley, is hereby formed
into a county, to be called Millard county. Said county
to contain the limits of Pauvan valley.

Sec. 2. Be it further enacted, That Anson Call is here-
by appointed to organize said county; and it is hereby otguJLtt.

162

made his duty to organize the same, according to the pro-
visions of an ordinance to provide for the organization of
Iron county, passed by the Legislature of Deseret, De-
cember third, one thousand eight hundred and fifty.

^ Sec 3. The seat of Government of the Territory, »in

mem c said county, shall be called, Fillmore city.
Approved, October 4, 1851.

AN ACT DEFINING THE BOUNDARIES OF COUN
TIES.

Sec. 1. Be it enacted by the Governor and Legislative
. Assembly of the Territory of Utah, That all that portion of

boundary of. 'the Territory bounded north by Oregon, east by the me-
ridian, passing through a point where the Weber river en-
ters a kanyon about four miles below the ford on emigra-
tion road, south by the parallel of latitude, through the
junction of the county road and the head waters of Rocky
creek, being about two miles south of the mouth of Weber
river kanyon, and west by California, — is hereby included
within the limits of Weber county.

Sec. 2. All that portion of.the country, bounded north
i>avi-; county, j^y "Weber county, east by the dividing range of moun-
tains at the head of the streams running towards the Salt
Lake, south by the parallel of latitude, running through
the hot Springs and west by the eastern shore of Salt Lake,
— is hereby included within the limits of Davis county.

Sec. 3. All that portion of the Territory, bounded
oeaen countyjnort,h by Weber county, east by the western shore of the
Salt Lake, south by the parallel of latitude, forming the
southern boundary of Davis county, and west by Califor-
nia,— is hereby called Desert county; and shall be attach-
ed to Weber county for election, revenue, and judicial

Mtached to ~ * • J

Usher county.purposes.

Sec 4. All that portion of the Territory, bounded

north by Oregon, east by the Territorial line, south by the

b»undarr'y*orf.co' parallel, forming the southern line of Davis county, and

163

west by Weber and Davis counties, — is hereby called
Green river county, and attached to Great Salt Lake coun-Attached to g.
ty for election, revenue, and judicial purposes. The sber- ' ' county-
iff of Great Salt Lake county, is hereby authorized to or-
ganize Green river county, whenever the inhabitants of
said county shall call for such organization; or circum-
stances may render it expedient.

Sec 5. All that portion of the Territory, bounded^- 8-L- count) ,
north by Davis and Green river counties, east by the Ter- 0UB ary ° '
ritorial line, south by the parallel of latitude, running
through the hot Spring at the foot of Utah mountain,
and west by the south-eastern shore of the Salt Lake, and
the meridian passing through the Black Rock, — is hereby
included within the limits of Great Salt Lake county.

Sec. 6. All the islands included in Great Salt Lake,
•And south of Weber county line, are hereby attached to
Great Salt Lake county for election, revenue, and -judicial
purposes,

Sec. 7. All that portion of country, bounded north byUtah countv
Great Salt Lake county, east by the Territorial line, soutb>oundary of,
by the parallel of latitude, passing along the summit of
the dividing ridge between Juab and Utah valleys, where the
state road crosses said summit, and west by the meridian,
forming the western boundary of Great Salt Lake county,
— is hereby included within the limits of Utah county.

Sec. 8. All that portion of the Territory, bounded onTooele countT
the north by Desert county and the southern shore of theboundary of. "
Salt Lake, east by Great Salt Lake and Utah counties,
south by the parallel, forming the southern boundary of
Utah county, and west by California, — is hereby called
Tooele county.

Sec. 9. All that portion of the Territory, bounded;uab C0UBtV)
north by Tooele and Utah counties, east by the meridian, boundary oi.
passing through the highest summit of mount Nebo, south
by the parallel of latitude, passing through the ford on
Sevier river, and west by California, — is hereby declared
to be Juab county.

Sec. 10. All that portion of country, bounded north
by Juab, east by the meridian line, forming the easternboundary of.

184

boundary of Juab, south by latitude 38 ° 30', and west
by California, — is hereby called Millard county.

Pete com- ^EC" 11- All that portion of the Territory, bounded
ty, boundary or.north by Utah county, east by the Territorial line, south
by latitude 38 ° 30', and west by Juab and Millard coun-
ties,— is hereby declared to be Avithin the limits of San
Pete county.

iron county Sec. 12. All that portion of the Territory, bounded
boundary of. north by Millard and San Pete counties, east by the Ter-
ritorial line, south by latitude 37 ° 30', and west by Cal-
ifornia,— is hereby called Iron county.

Sec. 13. All that portion of the country, south of Iron
Washington county, and included in the Territory, is hereby declared
<Uryrt'. °Un t° be Washington county, and is, moreover, attached to
Iron county for election, revenue, and judicial purposes;
Attached to and the sheriff of Iron county is hereby authorized to or
iron county. ganjze Washington county when the public good may re-
quire it.

When crimes
may

Sec. 14. If any uncertainty, or dispute shall arise, as

beuiedTn*'0 what county a crime has been committed in, any county

any county near by, or within the vicinity of the place where such

crime is alleged to have occurred, is hereby authorized to

have jurisdiction in the case.

Approved, March 3, 1852.

AN ACT GRANTING JAMES BROWN THE RIGHT
OF TAKING TOLL ON THE PUBLIC ROAD IN
OGDEN CITY.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That James Brown shall
■control ©7 roadhave the entire control of the road laid out under the Pro
ftr 5 years. visjonai Government of the State of Deseret, between We
ber and Ogden rivers, for the term of five years, from the
passage of this act: Provided, That the said Brown shall
make and keep in good repair, the bridges that are now
across said rivers, and make all necessary bridges on

Brown )ave

165

said road that have not been provided for, and keep the
same in order; also make and keep the road in good order,
all to the acceptance of the road commissioner.

Sec. 2. The said Brown is hereby authorized to charge RatesoftolI
the following toll for traveling on any part of said road
from the traveling community, to wit:

For any carriage, wagon or cart drawn by two

animals - - - $3,00

For every addition of two animals - 1,00

For every man and horse, - * - 1,00

For every pack animal, - - 1,00

For every loose horse, mule, jack, ox, cow or bull, 25
For every sheep, hog, calf, colt or goat, - 12^

For every footman, - - - # 25

Sec. 3. Citizens that pay by the year shall not bpOMzena half
charged more than one half of the above mentioned pri-pH<
ces.

Sec. 4. If any person shall refuse to pay the above
mentioned prices, he shall be liable to be sued before anyjne„r'topave "
court having jurisdiction of the same, and be made to pay
the same with cost of suit.

Sec. 5. If any person or persons shall erect any bridgePersons erecta
or ferry, across said rivers in Weber county, and buildferry nr bridge,
any road, and charge travelers for crossing, or travel-
ing the same, shall be fined in any sum not less than
three thousand dollars, nor exceeding five thousand dol-PenaIty-
lars; to be recovered before any court having jurisdiction
of the same, to be paid into the hands of the treasurer of
the Territory of Utah, for the people of said Territory..

Sec 6. The said Brown is required to make the roadMate road
the acceptance of the road (
y of April next.
Approved March 2, 1852.

to the acceptance of the road commissioner by the fifteenthaccePUnce of

, r . x ., J commirisionp r

day or April next.

166

AN ACT GRANTING THE CONTROL OF CERTAIN
TIMBER TO THE CITY COUNCIL OF OGDEN
CITY.

Sec. 1. Be it enacted by the. Governor and Legislative
Assembly of the Territory of Utah, That the City Council
city Council to°f Ogden City, shall have the privilege ot legislating for
legate on cer-the preservation of the timber lying between said City and
the Great Salt Lake; also the timber in the Kanyons east
of, and opening into said corporation, and upon Weber
river from the Kanyon to its junction with the Ogden river:
Provided, That the citizens of the Territory without the

i rovido ■*

coporation, shall have the same privilege of said timber,
as the citizens of said City.

Sec 2. This act shall be in force from and after its
passage, and until superseded by the future legislation of
the Legislative Assembly of the Territory.

Approved October 4, 1851.

Thomas Moor

AN ACT AUTHORIZING THOMAS MOOR TO
ERECT A FERRY OR FERRIES ON GREEN RIV-
ER.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That Thomas Moor
tctaferry. have the right ol erecting one or more terries on brreen
river, for one year, at any point within Utah Territory,
for the accommodation of travelers: Provided he pay ten
r-ny iopercentper cent 0f all money s collected on said ferry, to be paid
into the Territorial treasury, for the benefit of the Terri-
tory of Utah, on or before the first day of October next
ensuing; and that for all light carriages, buggies, or wa-
gons, whose burthen is not over 2000 lbs., he shall charge
not exceeding the sum ot three dollars, - <$3,0O

For all wagons over 2000 lbs., and not exceeding
3000 lbs., he shall charge, not exceeding four
dollars, - - - 4,00

For all over 3000 lbs. and not exceeding 4000 lbs.,

he shall charge not exceeding five dollars, 5,00

167

For all wagons over 4000 lbs., he shall charge not

exceeding six dollars, - 6,00

And for each horse, mule, ox, cow, or other animal ferried
over said river, twenty-five cents, - 25

Sec. 2. The said Moor before erecting a ferry as con- .....

, i-i f> • i ii ■ i i ■ i Baul Mom to

templated in the first section, shall give bond with approv-give bunds,
ed security to the Treasurer of Utah, in the penal sum of
one thousand dollars, to be approved of by the Governor,
for the faithful paying over the per centage as contempla-
ted in the first section of this act. And the said Moor shall
pay over the per centage on oath or affirmation. ,

Sec. 3. If any person shall erect any public ferry0therpersong
across said river within Utah Territory, without permis- erect a ferry,
sion of the Legislature of the Territory of Utah, said
person or persons shall pay the sum of one thousand dol-
lars, to be collected for the use of the Territory of Utah.Penal,y

Sec. 4. Nothing herein contained shall be so constru-
ed, as to prohibit any one from ferrying themselves andf^°t^3e™_ny
effects, across said river, or from fording the same whenseivesorford.
practicable.

Sec. 5. In case the said Thomas Moor should neglectGo.v- may «p
or fail to establish the above named ferry or ferries, theMoor fa™3" '!
Governor is hereby authorized to appoint a man to fill his
place.

Approved Jan. 16, 1852.

AN ACT FOR A FERRY ACROSS BEAR RIVER.

Sec. 1 . Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That Joseph Young, Da-joseph Young
vid Fulmer, John Young and William JErnpy, have theand.otherse',A
right to establish a ferry or ferries across Bear river, fortabllsh * ferr'7
three years, during the ferrying seasons of each year from
the passage of this act, at a place which will best subserveFerry wher,
the public interest, between the mouth of said river, and'»«<"«i-
a point five miles east of the mouth of the kanyon.

168

JrTSiT' Sec- 2' Said Y°ung and others, snail file their bond
bonds. with the Secretary of the Territory, in the penal sum of

one thousand dollars, payable to the people of the Terri-
tory of Utah, conditioned for the faithful paying over of
the percentage hereinafter prescribed.

iXv 10 percent Sec. 3. The said Young and others, shall pay ten per
cent of all they receive as toll on said ferries, to the trea
surer of the Territory, on oath or affirmation, on or be-
fore the first day of September; annually.

Rates »f toil. Sec. 4. Said Young and others, shall be allowed to
charge toll at the following rates:

For a carriage or wagon drawn by two animals, 83,00
For a carriage or wagon drawn by four animals, 4,00
For a carriage or wagon drawn by six animals, 5,00
For a carriage or wagon drawn by eight animals, 6,00
For pack animals each, - - 50

And all other animals each, - - 25

Sec. 5. If any person or persons shall establish a fer-
PstaWish'a'fer- ry withm tne before prescribed limits, without a grant
ry. from the Governor and Legislative Assembly, he or they

shall forfeit and pay to the people of the Territory of
Penalty. Utah, the sum of one thousand dollars, to be collected

as in action of debt.

ferrTtnhemay Sec- 6> Notning m tms act sna11 De so construed, as
selves. to prevent any person from ferrying themselves, with their

effects.

Sec. 7. In case said Young and others shall fail to
if Young fail, establish said ferry or ferries across said river, according
point othersT *° the provisions of this act, the Governor may appoint

some other person or persons, to establish the ferry as

herein contemplated.

Young and oth- Sec 8. The said Young and others are hereby re-
rrserecta quired to erect a good and substantial bridge across the
Maiad. Malad, about two miles north of the ferry on Bear river,

for three years, during the ferrying seasons thereof, and
Collect toll forhave the privilege of collecting toll on the same, the rates

v years. ■*■ ® ^ -• r-

of which shall be one fourth for carriages and wagons of
Kate* of toll, the rates charged on Bear river ferry, and twenty-five
cents for pack animals, and ten cents for each additional
animal.

169

Sec. 9- If any person or persons shall establish a fer-^tyaPf"r°" 0er
ry or bridge across the Malad, without the grant of thebridge.
Governor or Legislative Assembly, he or they shall for-
feit and pay to the people of the Territory of Utah, the
sum of three hundred dollars, to be collected as in action
of debt.

Approved Jan. 30, 1852.

AN ACT APPROPRIATING MONEYS FOR THE
COMPLETION OF THE COTTONWOOD CANAL-

Sec. 1 . Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That the Territorial roadRoad commis-
commissioner is hereby authorized and instructed to draw^.0^1" draw
from the public treasury, any moneys not otherwise ap-
propriated, to the amount of two thousand dollars, and
proceed forthwith, to lay out the same for the completion
of the Big Cottonwood Canal.

Sec. 2. That the said Territorial road commissioner^ommissioner
shall keep a correct account of all moneys received and
paid out by him, and present a copy of the same to
the Auditor of Public Accounts, as soon as said canal shall^pon to audi-
becompleted, on or before the 1st dav of November, A.
D. 1852,

Approved Jan. 30, 1852.

AN ACT GRANTING THE CONTROL OF WATERS
FROM MILL CREEK, IN GREAT SALT LAKE
COUNTY, UNTO WILLARD RICHARDS.

Sec. 1. Be it enacted by the Governor and Legislative As-
sembly of the Territory of Utah, That Willard Richards haveJKSJSfct
the exclusive right of taking the water out of the natural10 <afee out wa-
channel of Mill creek, at any convenient point below er'
where the said waters are now used for irrie-ation or mill

170

purposes, and of conveying the same across the higher
lands in a more southerly direction, to western Jordan,
there to discharge the same; or if the said Willard Richards
think proper, he may continue the said waters in a north-
erly direction, down the east bank of said river, as far as
he may consider them useful for irrigation or other pur-
poses, and control the same.
Approved Feb. 3, 1852.

AN ACT GRANTING WATERS OF MILL CREEK
UNTO PRESIDENT BRIGHAM YOUNG.

Sec. 1. Be, it enacted by the Governor and Legislative As-
b Youn t ke sffll%0/'^ Territory of Utah, That the privilege is here-
waters cut of by oranted unto President Brio-ham Youno*, to take the
CT waters from the channel of Mill creek immediately below

Neff's mill, and convey the same to the channel of Big
Kanyon creek, agreeably to the provisions of the act pass-
ed in the General Assembly of the State of Deseret, Jan.
15, 1850.

Approved Feb. 5, 1852.

AN ACT FOR THE IMPROVEMENT OF BIG KAN-
YON CREEK ROAD.

Sec. 1. Be it enacted by the Governor and Legislative As -
Koad commis- sembly of the Territory of Utah, That the Territorial road

sioner to locate ■ '• ■, i • 1 i ±i • i i ■ j

road. commissioner be, and is hereby authorized and required

to locate a road from some covenient point on the east
line of Great Salt Lake City, thence easterly up the Big
Kanyon Creek, thence over the second mountain, twenty
miles east of Great Salt Lake City, and extending to the
farther end of East Kanyon.

commissioner Sec. 2. That said commissioner be, and is hereby au-
to contracts thorized and required to grant contracts to individuals, or

171

companies, who shall be the lowest responsible bidders in
said contracts, for the improvement of said road.

Sec. 3. That the said commissioner be, and is kerebyTo„
authorized, and required to grant to the improvers of said
road the privilege of erecting one toll gate for the purpose
of collecting funds from all persons passing and repassing,
to remunerate the improvers of said road, until they shall
have collected one hundred per cent on all their expendi-
tures which have been appropriated to said roads.

Sec 4. That the rates of toll over said road shall be
as follows, viz: Rate* °t toll.

For every load of wood, timber, coal, rock, or

lime, drawn by two animals - - $0,25

For every such load drawn by four or more ani-
mals, - - - - 0;37-|

FOR THE TRAVELING COMMUNITY.

For every wagon or carriage drawn by two ani-
mals, each - - - 1,00

For every additional pair of animals to such wa-
gon or carriage, - - 50

Loose animals, (excepting sheep and hogs, ) each, 10

Sec. 5. Said road shall be made and kept in repair to
the acceptance of the Territorial road commissioner.
Approved Feb. 16, 1852.

AN ACT IN RELATION TO THE WATERS OF A- .
MERICAN CREEK IN UTAH COUNTY.

Sec. 1. Be it enacted by Ike Governor and Legislative As-
sembly of the Territory of Utah, That the inhabitants of
the settlement of Dry creek in Utah county are hereby water take*
authorized and allowed to tako out at some convenient£rr°J^kAt^e™an
point, the waters of American creek, and use the samecreek.
for their benefit: Provided, That no more than one-third
part of said waters shall be so taken for the use of said
settlement on Dry creek.

Approved Feb. 18, 1852.

172

AN ACT FOR AN APPROPRIATION OF MONEY
EOR THE WOOLEN FACTORY ON JORDAN
RIVER.

Sec. 1. Be it enacted by the Governor and Legislative 'As-
sembly of the Territory of Utah, That the sum of two thou-
for woolen 'fac-sand dollars be, and is hereby appropriated out of any
tarf- money in the public treasury, not otherwise appropriated,

for the purpose of completing the Woolen Factory now
in progress on Jordan river, near Gardner's mill.

Sec. 2. The Territorial commissioner is hereby author -
Commissioner ized to issue orders and draw on the public treasury to
issue orders. ^jie above named amount for the purpose of completing
said factory.

Sec. 3. The Territorial commissioner is hereby au-
oommissioner thorized and required to secure and hold to the use and
hoTdlaid'fac- benefit of the Territory of Utah, said Woolen factory, and
,or>r- all appurtenances thereto, as the property of the Territo-

ry of Utah, and report his doings in relation to the same,
subject to the order of the Legislative Assembly.
Approved Feb. 18, 1852.

AN ACT TO PROVIDE FOR THE BRIDGING OF
CHICKEN CREEK IN JUAB COUNTY.

Sec. 1. Be it enacted by the Governor and Legislative
Appropriation Assembly of the Territory of Utah, That the sum of one

to build bridge., , f . •%, ■ i , i c t.

hundred dollars or as much thereof as may be necessary,
is hereby appropriated out of the Territorial treasury for
the purpose of building a bridge on the state road across
Chicken creek in Juab county.

Sec 2. The Probate Judge of Juab county is hereby

jud2o cf Pro- authorized to employ some competent person to erect said

person"!! buiidbridge, and to draw orders on the Territorial treasury in

said bridge, payment for the same: Provided, That the bridge shall

not cost the Territory more than the sum of one hundred

dollars; and that a full report of the same be made to the

173

Auditor of Public Accounts, on or before tbe first day of
November A. D. one thousand eight hundred and fifty-
two.

Approved March 3, 1852.

AN ACT CREATING THE OFFICE OF CODE COM-
MISSIONERS AND PRESCRIBING THEIR DU-
TIES.

Sec. 1. Be it enacted by the Governor and Legislative As- 0ffiee 0f code
sembly of the Territory of Utah, That the office of Codec°mmissioner

c rent go.

Commissioners be, and the same is hereby created, to con-
sist of three members, whose term of office shall continueTerm of offiee
three years, and until their successors are duly appointed
and qualified.

Sec. 2. The Governor shall nominate, and, by and withHow app6jnted
the advice and consent of the Council, appoint said Commis-
sioners; one for one year, one for two years, and one for
three years; and thereafter, one shall be thus appointed
each year. In the event of a vacancy in said Code Com-Caf.e of vacan.
missioners, by death, resignation, removal from the Ter-cy.
ritory, or otherwise, during the recess of the Legislative
Assembly, the Governor alone shall fill the same by ap-
pointment. But if the Council at its next session, shall
disapprove of such appointment, the same shall cease, and
terminate from and after such disapproval.

Sec. 3. In the event that the Governor shalHneg-
lect or refuse to nominate a person to fill such vacancy s ra»y elect,
or such office, then the Council shall elect by ballot, some
suitable person to fill such vacancy or office.

Sec. 4. Such Commissioners, before they enter on
their duti£S shall take an oath or affirmation, to support
the Constitution of the United States, and to faithfully
.discharge their duties.

Sec 5. It shall be the duty of said Code Commis-D«ty of co^

,. , rJ i j> x- r commissioner:

sioners to arrange, adjust, and form a code of practice for

174

the courts of Law and Chancery, and the Probate Courts,
* and Justices of the Peace; to arrange, adjust, and form a

criminal code: a law regulating dower, descent, and distri-
bution: a law regulating the sale, or incumbrance of real
estate; and a law for the settlement of estates of deceased
persons; and such other laws of a general nature as from
time to time may be necessary or proper.

Sec. 6. It shall be the duty of the Governor, the Secre
Gov and oth- .tary 0f theTerritory, the Judges of the courts, the general

er otnoers shall J -»«••■!• • -, &t ■ i m ..-.', ^^

Rive intorma- officers ot the Militia, and all salaried or lerntorial officers,
to give said Commissioners information, in writing, on any
subject pertaining to their respective offices, whenever re-
quired in relation to their duties.

Sec. 7. Said Code Commissioners shall have power to
May provide provide all necessary stationery, fuel and rooms, for their
cferks.ar,esan use> and such clerks as may be necessary; not exceeding

two, and shall be allowed for their services, the same
compensation.compensation and mileage as are allowed to members of

the Legislative Assembly.

Sec. 8. Said Code Commissioners shall keep a Journ-

siiaii keep a al of their proceedings, and cause to be made, two copies

journal. 0f ^e laws by them proposed; one for the use of the

house, and one for the use of the council, and as many of

the proposed laws as can be prepared, shall be reported to

the Governor, during the present session; and thereafter,

they shall report on or before the first days of April and

November respectively in each year, or at the call of the

Shan report to Governor, who shall report the same to the Legislative

Gov. and Leg- . ' . -l ,, . P , ,

isiativo assert-AssembJy ior their enactment or disapproval, with such
6ly' recommendations as he may think best.

Approved Jan. 16, 1852.

AN ACT FOR THE ELECTION OF PROBATE
JUDGES.

Sec. 1. Be it enacted by the Governor and Legislative As
terribly of the Territory of Utah, in joint session assembled,
CteEdi^'That we do hereby elect the following persons for Judges

175

««f Probate in the several counties for the Territory of
Utah, viz: for Weber county, Isaac Clark; for Davis coun-
ty, Joseph Holbrook; for Great Salt Lake county, Elias
Smith; for Utah county, Preston Thomas; for Tooele
county, Alfred Lee; for Juab county, George Bradley;
for San Pete county, George Peacock; for Millard coun-
ty, Anson Call; and for Iron county, Chapman Duncan. Term „f ettiUj
The same are hereby elected for the term of four years,
unless sooner removed by legislative enactment, or by re-
moval from the county, or by death.

Sec. 2. In case of any vacancy occurring by removal,Case ^ va#M
death or otherwise, of one or more of the above mention-cy.
ed Judges, the Governor is hereby empowered to fill
such vacancy, until the next sitting of the Legislature.

Approved" Feb. 7, 1852.

AN ACT TO REPEAL THE ELEVENTH SECTION
OF AN ORDINANCE ENTITLED "AN ORDIN-
ANCE INCORPORATING THE UNIVERSITY OF
THE STATE OF DESERET," PASSED BY THE
GENERAL ASSEMBLY OF DESERET FEB. 28, 1850.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That, the 11th section of
"An Ordinance incorporating the University of the State
of Deseret," appropriating five thousand dollars annually
for the use of said University, shall be, and is hereby re-
pealed.

Approved March 6, 1852.

AN ACT TO AMEND CERTAIN SECTIONS IN
GREAT SALT LAKE, OGDEN, MANTI, PROVO
AND PAROWAN CITY CHARTERS.

Sec. 1. Be it enacted by the Governor and Legislative
AssemlAy of the- Territory of Utah, That the word "April,"

176

in the 5th section of the above named charters be stricken
out, and the word March be inserted in its stead.

Sec. 2. That the word "eight," in the 35th section be
erased and the word three be inserted in its stead.

Sec. 3. That the word "shall" in the 39th section of
the above named charters be stricken out, and the word
may be inserted in its stead.

Approved March 6, 1852.

ity boundai-

AN ACT TO INCORPORATE CEDAR CITY, IN
IRON COUNTY, UTAH TERRITORY.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That all that district of
Iron county, embraced in the following boundaries, to
wit: beginning at the mouth of Coal creek kanyon, thence
north three miles, thence west six miles, thence south six
miles, thence east six miles, thence north three miles to
place of beginning; shall be known and designated under

Name &. sly le. the name and style of Cedar City; and the inhabitants
thereof, are hereby constituted a body corporate and po-
litic, by the name aforesaid; and shall have pe'petual suc-

Perpetuai sue- cession, and may have and use a common seal, which they
may change and alter at pleasure.

sum.

Corporate paw

Sec. 2. The inhabitants of said city, by the name and
style aforesaid, shall have power to sue and be sued;, to
plead and be impleaded; defend and be defended, in all
courts of law and equity and in all actions whatsoever; to
purchase, receive, aad hold property, real and personal, in'
said city; to purchase, receive, and hold real- property
beyond the city; for burying grounds, or other public pw-
p^sesTrfor the inhabitants of said city; to sell, lease, or
dispose of property, real and personal,, for the benefit of
said city; to improve, protect such property, and to do all
other things in relation thereto, as natural persons.

City»ounwi. Sec. 3. 5%ere shall be a Citv Council, to consist of a

)

177

Mayor, four Aldermen, , and nine Councilors, who shall
have the' qualifications of electors of said city, and shall
be chosen by the qualified voters thereof, and shall holdTerm uf offies
their offices for two years, and until their successors shall
be elected and qualified. The City Council shall judge
of the qualifications, elections, and returns of their ownMajority form
members,and a majority of them shall form a quorum to doa quorum-
business; but a smaller number may adjourn from day ta
day, and compel the attendance of absent members, un-
der such penalties as may be prescribed by -ordinance.

Give bonds.

Sec 4. The Mayor, Alderman, and Councillors be-
fore entering on the duties of their offices, shall take and
subscribe an oath or affirmation, that they will support
the Constitution of the United States, and the laws of this
Territory, and that they will well and truly perform all
the duties of their offices, to the best of their skill and
abilities,

Sec. 5. On the second Monday of March next, anduons.
every two years thereafter, on said day, an election shall
be held for the electing of one Mayor, four Aldermen, and
nine Councillors; and at the first election under this ordi- First election,
nance, three Judges shall be chosen, viva voce, by the
electors present. The said Judges shall choose two clerks;
and the Judges and clerks, before entering upon their du-
ties, shall take and subscribe an oath or affirmation, such
as is now required by law to be taken by Judges and clerks
of other elections; and at all subsequent elections, theJlldge, and
necessary number of Judges and clerks shall be appointed6.1"^ of eiet-
by the City Council. At the first election so held, the&y ^ty eoun«l.
polls shall be opened at nine o'clock, A. M., and closed at
six o'clock, P. M. At the close of the polls the votes
shall be counted, and a statement thereof proclaimed at
the front door of the house, at which said election shall
be held; ' and the clerks shall leave with each person elec-Dutv 0|- clerfc3
ted, or at his usual place of residence, within five days af-
ter the election, a written notice of his election, and each
person so notified, shall within ten days after the election,
take the oath or affirmation hereinbefore mentioned. A
certificate of which oath shall be deposited with the re-
corder, whose appointment is hereinafter provided for,
and be by him preserved; and all subsequent elections
shall be held, conducted, and returns thereof made, as
may be provided for by ordinance of the City Council.

178

(^iaiifieat/on gEC< g ^11 free white male inhabitants who are the
age of twenty-one years, who are entitled to vote for Ter-
ritorial officers, and who shall have been actual residents
of said city, sixty days next preceding, said election, shall
be entitled to vote for city officers.

Sec. 7. The City Council shall have authority to levy
fo'uBc^0*' i an<^ collect taxes for city purposes, upon all taxable pro-
perty, real and personal, within the limits of the city, not
exceeding one' half per cent, per annum, upon the assessed ■
value thereof; and may enforce the payment of the same,
in any manner to be provided by ordinance, not repug-
V nant to the Constitution of the United States and the laws
of this Territory.

City remneii Sec. 8. The City Council shall have power to appoint
BH»iB^officere& Recorder, Treasurer, Assessor and Collector, Marshal
and Supervisors of streets. They shall, also have the pow-
er to appoint all such other officers by ordinance, as may
be necessary; define the duties of all city officers, and re-
move them from office at pleasure.

Khan r uire ^ec. ®* The City Council shall have- power to require
officers to givcof all officers, appointed in pursuance of this act
bonds with penalty and security, for the faithful perform-
ance of their respective duties, such as may be deemed
expedient, and also to require of all officers appointed as

V aforesaid, to take an oath for the faithful performance of
the duties of their respective offices.

Sec. 10. The City Council shall have power and au-
oosncii have thority to make, ordain, establish, and execute all such
crdinancsw838 ordinances, not repugnant to the Constitution of the Uni-
ted States, or the laws of this Territory, as they may deem
necessary for the peace, benefit, good order, regulation,
convenience, and cleanliness of said city, for the protec-
tion of property therein, from destruction by fire or other-
wise, and for the health and happiness thereof. They
„,, shall have power to fill all vacancies that may happen bv
&H vacancies, death, resignation, or removal, in any ot the othces herein
made elective; to fix and establish all the fees of the offi-
cers of said corporation, not herein established; to impose
such fines not exceeding one hundred dollars for each of-
fence, as they may deem just, for refusing to accept of
any office, in, or under the corporation, or for misconduct

179

therein; to divide the city into wards, and specify theTo &▼«<& tho
boundaries thereof, and create additional wards; to add01 } "'t0 W!ir
lo the number of Aldermen and Councilors, and appor-
tion them among the several wards, as may be just, and
most conducive to the interest of the city.

Sec. 11. To establish, support, and reo-ulate common,, .

' 1 x ** t o i" urtD6r rowers

schools; to borrow money on the credit of the city: Pro-
vided, That no sum or sums of money be borrowed on aprov-ieo.
greater interest than six per cent, per annum; nor shall
the interest on the aggregate of all the sums borrowed,
and outstanding, ever exceed one half of the city revenue,
arising from taxes assessed on real estate, within this cor-
poration.

Sec. 12. To make regulations to prevent the introduc-prerent duress
tion of contagious diseases into the city; to make quaran-
tine laws for that purpose, and enforce the same.

•\

Sec. 13. To appropriate and provide for the paymentDebu ofcit )

of the expenses and debts of the city.

Sec. 14. To establish hospitals, and make regulationsHos ■taig ■
for the government of the same; to make regulations to
secure the general health of the inhabitants; to declare
what shall be nuisances, and to prevent and remove the
same.

Sec. 15. To provide the city with water; to dig wells,
lay pump logs and pipes, and erect pumps in the streets, Waterthe Cl*y
fur the extinguishment of fires, and convenience of the
inhabitants. — ■

Sec. 16. To open, alter, widen, extend, establish, grade, Repnirth*
pave, or otherwise improve and keep in repair, streets, streels'
avenues, lanes and alleys; and to establish, erect, and keep
in repair aqueducts and bridges.

Sec 17. To provide for the lighting of the streets, ^^"s0"
and erecting lamp posts, and establish, support and regu-Nigiit watet**.
late night watches; to erect market houses; establish mar-
kets and market places, and provide for the government
and regulations thereof.

Sec. 18. To provide for erecting all needful buildings

180

Public groundsfor ^e use 0f fae c[^y^ an(j f01. enclosing, improving, and
regulating all public grounds belonging to the city.

Sec. 19. To license, tax, and regulate auctioneers,
.iiing power, merchants, retailers, grocers and taverns, ordinaries,
hawkers, pedlers, brokers, paAvn-brokers, and money
ch angers.

Sec. 20. To license, tax, and regulate hacking, car-
riages, wagons, carts, and drays; and fix the rates to be
charged for the carriage of persons, and for wagonage,
cartage and drayings of property, as also to licence and
regulate porters, and fix the rates of porterage.

Sec. 21. To licence, fax, and regulate theatricals.
I and other exhibitions, shows, and amusements.

Sec. 22. To tax, restrain, prohibit, and suppress tip-
pling houses, dram shops, gaming houses, bawdy and oth-
er disorderly houses.

Sec. 23. To provide for the prevention and extinguish-
ment of fires; to regulate the fixing of chimneys, and the
flues thereof, and stove pipes, and to organize and estab-
lish fire companies.

Sec. 24. To regulate the storage of gun-powder, tar,
pitch, rosin, and other combustible materials.

Sec. 25. To regulate and order parapet walls and oth-
er partition fences.

Sec. 26. To establish standard weights and measures,
and regulate the weights and measures, to be used in the
city, in all other cases not provided for by law.

Sec. 27. To provide for the inspection and measuring
of lumber, and other building materials; and for the
measurement of all kinds of mechanical work.

Sec. 28. To provide for the inspection and weighing
of hay, lime, stone coal, and measuring of charcoal, fire
wood and other fuel, to be sold or used within the city.

Sec. 29. To provide for and regulate the inspection of
tobacco, and of beef, pork, flour, meal; also beer, and

181

whisky, bran ly, and all other spirituous and fermented
liquors.

Sec. 30. To regulate the weight, quality, and price of
bread, sold and used in the city.

Sec. 31. To provide for taking the enumeration of the
inhabitants of the city.

Sec. 32. To fix the compensation of all city officers,
and regulate the fees of jurors, witnesses, and others, for
services rendered, under this or any city ordinance.

Sec. 33. The City Council shall have exclusive power
within the city by ordinance, to license, regulate, suppress, Other powers.
or restrain billiard tables, and from one to twenty pin-
alleys; and of every other description of gaming or gam-
bling.

Sec. 34. The City Council shall have exclusive powerCity police
within the city by ordinance, to regulate the police of the
city, to impose fines, forfeitures, and penalties, for the.
breach of any ordinance, and. provide for the recovery of
such fines and forfeitures, and the enforcement of suehEnfnrcethecoI_
penalties, and to pass such ordinances as may be neces-'ectionoftfnes
sary and proper to carry into effect and execution, the
powers specified in this act: Provided, That such ordi-
nances are not repugnant to the Constitution of the Uni-
ted States, or the laws of this Territory.

Sec 35. All ordinances passed by the City Council, „ hM .. a ■

shall, within one month after they shall have been passed, ordinances.
be published in some newspaper, printed in said city, or
certified copies thereof, be posted up in three of the most
public places in the city.

Sec 3S. All ordinances of the city may be proven by
the seal of the corporation; and when published in book0rdinanceg
or pamphlet form, purporting to be printed or pub! isbednow proven'.
by the authori y of the corporation, the same shall be re-
ceived in evidence, in all courts, or places without further
proof.

Sec 37. The Mayor and Aldermen shall be conserva- Mayor and aI,
tors of the peace within th'* limits of the city, and shall 'ermen shall
have all the power* of Justices of the Peace therein, both"""" 9°yieiof
12

182

- ^c'°e3 of s"6 in civil and criminal cases, arising under the laws of the
Territory. They shall, as Justices of the Peace, within
the limits of said city, perform the same duties, be governed
by the same laws, give the same bonds and securities as
other Justices of the Peace, and be commissioned as Jus-
tices of the Peace, in and for said city by the Governor.

Sec. 38. The Mayor and Aldermen shall have juris -
.urisdiction ofdiction in all cases, arising under the ordinances of the
y a corporation, and shall issue such process as may be neces-
sary to carry said ordinances into execution and effect.

. , Appeals may be had from any decision or judgment of
A.p peals, Wow • , •»» • ,n . .J . ., J ,. & .

•j;»» said Mayor or Aldermen, arising under the ordinances of

said city, to the Municipal Court under such regulations
as may be prescribed by ordinance, which court shall be
composed by the Mayor, as Chief Justice, and the Alder-
men, as associate Justices; and from the final judgment of
the Municipal Court, to the Probate Court of Iron coun-
ty, in the same manner as appeals are taken from Justices
of the Peace, provided the parties litigant shall have a
right to a trial by a jury of twelve men, in all cases be-
fore the Municipal Court. The Municipal Court shall
have power to grant writs o£ Habeas Corpus, and try the
same" in all cases arising under the ordinances of the
City Council.

../ Sec. 39. The Municipal Court may sit on the first
•nunicipai'-oprtMonday ot every month, and the (Jity Council at such
meeting of. | times and places as may be prescribed by city ordinance.

I Special meetings of which may at any time be called by

\ the Mayor or any two Aldermen.

Sec. 40. All process issued by the Mayor, Alder-
!haf °fmar men or Municipal Court, shall be directed to the Marshal,
and in the execution thereof, he shall be governed by the
same laws as are, or may be prescribed for the direction
and compensation of constables in similar cases. The
Marshal shall also perform such other duties as may be
required of him under the ordinance? of said city, and
shall be the principal ministerial officer.

Sec. 41. It shall be the duty of the recorder to make
outy of rccord-and keep accurate records of all ordinances made by the
City Council, and of all their proceedings in their corpor-
ate capacity; which record, shall at all times be open to

183

the inspection of the electors of said city, and shall per-
form all other duties as may be required of him by the or-
dinances of the City Council, and shall serve as clerk of
the Municipal Court.

Sec. 42. When it shall be necessary to take private

/. . •!• 1/ . * 11. Private prorwr

property, tor opening, widening, or altering any publicty fw |lUbijC
street, lane, avenue, or alleys, the corporation shall makePui"P°ses-
a just compensation therefor, to the person whose property
is so taken; and if the amount of such compensation can-
not be agreed upon, the Mayor shall cause the same to be
ascertained by a jury of sis disinterested men, who shall
be inhabitants of the city.

Sec. 43. All jurors empannelled to enquire into the0"1? of Jurors
amount of benefits or damages that shall happen to the
owners of property so proposed to be taken, shall first be
sworn to that effect, and shall return to the Mayor their
inquest in writing, signed by each juror.

Sec. 44. In case the Mayor shall, at any time, be guil- viavor, how to
r,y of any palpable omission of duty, or shall wilfully orbe lned-
corruptly be guilty of oppression, malconduet, or partial-
ity, in the discharge of the duties of his office, he shall be
liable to indictment in the Probate Court of Iron county,
and on conviction, he shall be liable to fine and imprison-
ment, and the court shall have power on the recommend
of the jury, to add to the judgment of the court that he
be removed from office.

Sec. 45. The City Council shall have power to pro-
vide for the punishment of offenders and vagrants, by im-Cii it; criminal
prisonment in the county or city jail, or by compellingcascs-
them to labor on the streets, or other public works, until
the same shall be fully paid, in all cases where such offen-
der or vagrants shall fail, or refuse to pay the fines and
forfeitures which may be recovered against them.

Sec. 46. The inhabitants of Cedar City shall, from city exempt
and after the next ensuing two years, from the first Mon-firomroadtaIC's
day in March next, be exempt from working on any road
or roads beyond the limits of said city. But all taxes de-
voted to road purposes, shall, from and after said term of
two years, be collected and expended by and under the
direction of the supervisor of streets, within the limits of
the city.

184

Sec. 47. This act is hereby declared to be a public
act, and shall be in force from and after its passage.
Approved Feb. 10, 1852.

AN ACT TO INCORPORATE THE CITY OF LEHI.

Sec. 1. Be it enacted by the Governor and Legislative
Assembly of the Territory of Utah, That all that portion of
the country lying- on Dry Creek, in Utah county, bounded
as follows, to wit: commencing at the Utah lake, direct

CTty bounds*- south of the south-east corner of the plat of Evansville,

ies. running direct to said corner; from thence north three

miles; from thence west to the river Jordan; from thence
up the river Jordan to the outlet of the lake; from thence
up the lake to the place of beginning, is hereby incorpor-

Name&styie. ated into a city, which shall be called "the city of Lehi,"
and the inhabitants thereof, are hereby constituted a body
corporate and politic, by the name aforesaid; and shall

Perpetual sue- have perpetual succession, and may have and use a com-
mon seal, which they may change and alter at pleasure.

Sec. 2. The inhabitants of said city, by the name and
ers. style aforesaid, shall have power to sue and be sued; to

plead and be impleaded; defend and be defended, in all
courts of law and equity and in all actions whatsoever; to
purchase, receive and hold property, real and personal, in
said city; to purchase, receive, and hold real property be-
yond the city, for burying grounds, or other public purpos-
es, for the use of the inhabitants of said city; to sell, lease,
convey or dispose of property, real and personal, for the
benefit of said city: to improve, and protect such property,
and to do all other things in relation thereto, as natural per-
sons.

<5ity council. Sec. 3. There shall be a City Council, to consist of a
Mayor, four Aldermen, and nine Councilors, who shall

Term of office. have the qualifications of electors of said city, and shall

be chasetji by the qualified voters thereof, and shall hold

their offices for two years, and until their successors shall

Majority form be elected and qualified. The City Council shall judg

t quorum. ^ ^ qualifications, elections, and returns of their own.

185

members, and a majority of them shall form a quorum to do
business; but a smaller number may adjourn from day to
day, and compel the attendance of absent members, un-
der such penalties as may be prescribed by ordinance.

Sec 4. The Mayor, Alderman, and Councillors be-Givebonds'
fore entering upon the duties of ther offices, shall take and
subscribe an oath or affirmation, that they will support
the Constituiion of the United States, and the laws of this
Territory, and that they will well and truly perform all
the duties of their offices, to the best of their skill and
abilities.

Sec. 5. On the first Monday of March next, andTimesof eiec.
every two years thereafter, on said day, an election shalloons.
be held for the election of one Mayor, four Aldermen, and
nine Councilors; and at the first election under this
act, three Judges shall be chosen, viva voce, by tht:Firste1'ection
electors present. The said Judges shall choose two elerks;
and the Judges and clerk*, before entering upon their du-
ties, shall take and subscribe an oath or affirmation, such
as is now required by law to be taken by Judges and clerks
of. other elections; and at all subsequent elections, the
necessary number of Judges and clerks shall be s ppointed juries nnd
bv the City Council. At the first election so held. the;.,e'~ks "f pIee\

ii i ii l i . i i i 4 nr ii i tn.iHii|)|M)iiited

polls shall be opened at nine o clock, A. M., and closed att>> cit> council,
six o'clock, P. M. At the close of the. polls the votes
shall be counted, and a statement thereof proclaimed at
the front door of the house, at which said election shall
be held; and the clerks shall leave with each person elec-
ted, or at his usual place of residence, within five days af-Duty of clerks
ter the election, a written notice of his election, and each
person so notified, shall within ten days after the election,
take the oath or affirmation hereinbefore mentioned. A.
certificate of which oath shall be deposited with the re-
corder, whose appointment is hereinafter provided for,
and be by him preserved; and all subsequent elections
shall be held, conducted, and returns thereof made, as
may be provided for by ordinance of the City Council.

Sec. 6. All free white male inhabitants who are of fhe
age of twenty-one years, who are entitled to vote for Ter-ot vuers.
ritorial officers, and who shall have been actual residents
of said city, sixty days next preceding said election, shall
be entitled to vote for city officers.

186

5j£Hf ** Sec- 7- The Cit^ Council sha11 have authority to levy
and collect taxes for city purposes, upon all taxable pro-
perty, real and personal, within the limits of the city, not
exceeding one half per cent, per annum, upon the assessed
value thereof; and may enforce the payment of the same,
in any manner to be provided by ordinance, not repug-
n mi to the Constitution of the United States or the laws
of this Territory.

city council Sec. 8. The City Council shall have power to appoint. ,
appuint'olficere3, Recorder, Treasurer, Assessor and Collector, Marshal
and Supervisors of streets. They shall also have the pow-
er to appoint all such other officers by ordinance, as may
be necessary; define the duties of all city officers, and re-
move them from office at pleasure.

,, „ Sec. 9. The Citv Council shall have power to require

oncers to giveor all officers, appointed in pursuance of this act
bonds. bonds with penalty and security, for the faithful perform-

ance of their respective duties, such as may be deemed
expedient, and also to require of all officers appointed as
aforesaid, to take an oath for the faithful performance of
the duties of their respective offices.

c«mcii have gEC# 10_ Tne City Council shall have power and au-

aoHcr to pass . ■»,. r

ordinances, thority to • make, ordain, establish, and execute all such
ordinances, not repugnant to the Constitution of the Uni-
ted States, or the laws of this Territory, as they may deem
necessary for the peace, benefit, good order, regulation,
convenience, and cleanliness of said citv. for the protec-
tion of properly therein, from destruction by tire or other-
Pawertofiil w'se- *od for the health and happiness [hereof. They
all vacancies, shall have power to till all vacancies that may happen by
death, resignation, or removal, in any of the offices herein
made elective; to fix and establish all the fees of the offi-
cers of said corporation, not herein established: to impose
such fines not exceeding one hundred dollars for each of-
fence, as they may deem just, for refusing to accept of
To divide the any office, in, or under the corporation, or for misconduct
citymtowar therein;- to divide the city into wards, and specify the
boundaries thereof, and create additional wards; to add
to the number of Aldermen and Councilors, and appor-
tion them among the several wards, as may be just, and
most conducive to the interest of the city.

Sec. 11. To establish, support, and regulate common

.Proviso

187

schools; to borrow money on the credit of the city: /Vo-Furtharpowej*
vided, That no sum or sums of money be borrowed on a
greater in'erest than six per cent, per annum; nor shall
the interest on the aggregate of all the sums borrowed,
and outstanding; ever exceed one half of the city revenue,
arising from taxes assessed on real estate, within this cor-
poration.

Sec. 12. To make regulations to prevent the introduc-
tion of contagious diseases into the city; to make quaran-
tine laws for that purpose, and enforce the same.

Sec. 13. To appropriate and provide for the payment
of the expenses and debts of the city.

Sec. 14. To establish hospitals, and make regulations
for the government of the same; to mike regulations to osp;ta
secure the ^enernl health of the inhabitants; to declare
what shall be nuisances, and to prevent and remove the
same.

Sec. 15. To provide the city with water; to dig wells,
lay pump logs and pipes, and erect pumps in the streets, Water the cit>
fur the extinguishment of fires, and convenience of the
inhabitants.

Sec. 16. To open, alter, widen, extend, establish, grade. Repair the
pave, or o herwise improve and keep in repair, s Greets, streets-
avenues, lanes and alleys; and to establish, erect, and keep
in repair aqueducts and bridges. .

Sec. 17. To provide for the lighting of the streets, Listing the
and erecting lamp posts, and establish, support and regu-Nlg7)tSwatcbe».
late night witches; to erect market houses; establish mar-
kets and market places, and to provide for the government
and regulations thereof.

Sec. 18. To provide for erecting all needful buildings
for tfie use of the city, and for enclosing, improving, andPublic „rounda
regulating all public grounds belonging to the city.

Sec 19. To license, tax, and regulate auctioneers, Taxing power
merchants, and retailers, grocers and taverns, ordinaries,*
hawkers, pedlers, brokers, pawn-brokers, and money
chancers.

188

Tax hacking. gEC# go. To license, tax, and regulate hacking, car-
riages, wagons, carts, and drays; and tix the rates to be
charged for the carriage of persons, and for wagonage,
cartage and drayage of property, as also to license and
regulate porters, and fix the rates of porterage.

Theatres. Sec. 21. To license, tax, and regulate theatricals,

and other exhibitions, shows, and amusements.

Tippling nous- Sec. 22. To tax, restrain, prohibit, and suppress tip-
es- pl'ng houses, dram shops, gaming houses, bawdy and oth-

er disorderly houses.

Extinguish

fires.

Sec. 23. To provide for the prevention and extinguish-
ment of fires; to regulate the fixing of chimneys, and the
flues thereof, and stove pipes, and to organize and estab-
lish fire companies.

Sec. 24, To regulate the storage of gunpowder, tar,
pitch, rosin, and other combustible materials.

Sec. 25. To regulate and order parapet walls and oth-
er partition fences.

Sec. 26. To establish standard weights and measures,
the weights and measures, to be i
city, in all other cases not provided for by Ian .

meeafu"esa"d and regulate the weights and measures, to be used in the

Measuring of
lumber.

Sec. 27. To provide for the inspection and measuring
of lumber, and o'her building materials; and for the
measurement of all kinds of mechanical work.

Sec. 28. To provide for the inspection and weighing

Weighing hay of hay, lime, and stone coal, and measuring of charcoal,

fire wood and other fuel, to be sold or used within the city.

Sec. 29. To provide for and regulate the inspection of
inspection of tobacco, and of beef, pork, flour, meal; also beer, and

whisky, brandy,
liquors.

and other spirituous or fermented

As to bread.

Census.

Sec 30. To regulate the weight, quality, and price of
bread, sold and used in the city.

Sec. 31. To provide for taking the enumeration of the
inhabitants of the city.

189

Sec. 32. To fix the compensation of all city officers, Regulat6 f669>
and regulate the fees of jurors, witnesses, and odiers for
services rendered, under this or any city ordinance.

Sec. 33. The City Council shall have exclusive power<Jimi"g-
within the city by ordinance, to license, regulate, suppress,
or restrain billiard tables, and from one to twenty pin-al-
leys, and every other description of gaming or i>-aniblin«-.

Sec. 3i. The City Council shall have exclusive powerVerries and
within the city by ordinance, to license, regulate, or res-t,ritlses'
train the keeping of ferries, and toll bridges; to regulate,
the police or' the city; to impose fines, forfeitures, and
penalties, for the breach of any ordinance; and provide for
the recovery of such tines and forfeitures, and the en-
-forcement of such penal ies, and to pass such ordin;:ncesE,l,orce P*naI
as may be necessary and proper for carrying into erhct"65'
and execution, the powers specified in this act: l ro-
vided, such ordinances are not repugnant to the Constitu-
tion of the United Spates, or of the laws of this Territory.

Sec. 35. All ordinances passed by the City Council, oniinnnces to
shall, within one month after they shall have been p ->.-<■; !."° Pruned,
be published in some newspaper printed in said city, or
certified copies thereof be posted up in three ot the most
public places in the city.

Sec. 36. All ordinances of the city may be proven by^nUmmce;.,
the seal of the corporation; and when printed or ] ubli-h'"w proven"
ed in book or pamphlet form, purporting to be printed or
published by the authority of the corporation, the same
shall be received in evidence in all courts or places, with-
out further proof.

Sec. 37. The Mayor and Aldermen shall be conser-Mnynr and Al-
vators of the peace within the limits of the city, and shall;1,;'"16"' IJ0W"
have all the powers of Justices of the Peace therein, bo h
in civil and criminal cases arising under the laws of the
Territory. They shall, as Ju.sfices of the Peace, within*
the limits of said city, peiform the same duties; be gov-
erned bv the same laws; ufive the same bonds and securi-„ . . .

• T . /• i t> ii • • _ Com missioned

ties as other Justices ot the reace, and be commissionedbythe Gov
as other Justices of the Peace, in and for said city, by
the Governor.

190

May™ and n!- Sec. 38. The Mayor and Aldermen shall have exclu

dermen, juris . ..... . /. ... , n ,.

diction of. sive jurisdiction in all cases arising under ihe ordinances
of the corporation, and shall issue such process as may
be necessary to carry, said ordinances into execution and
eti'ect. Appeals may be had from any decision or judg-
Appealg, hew ment of said Mayor or Aldermen, arising under the ordi-
taken nances of said city, to the Municipal Court, under such

regulations as may be prescribed by ordinance, which
court shall be composed of the Mayor as Chief Justice,
ah-dthe Aldermen as Associate Justices; and from the
final judgment of the Municipal Court, to the Probate
Cour, ol Utah county, in the same manner as appeals are
taken from Justices of the Peace: Provided, The parties
litigant shall have a right to a trial by jury of tweKemen,
in all cases before the Municipal Court. The Municipal
Court shall hive power' to grant writs of Plabeas Corpus,
and try the same in all cases arising under the ordinances
of the City Council.

Sec. 39- The Municipal Court may sit on the first
MunicipMeonrtMoruhiy of every month, and the City Council, at such
m'^etTngof1' %*«* ~[n * places as may be prescribed by city ordinance,

special meetings ot which may at any time be called by

the Mayor or any two Aldermen.

process direc- Sec. 43. AH process issued by the Mayor, Aldermen,
ted to marshal. pr Municipal Court, shall be directed to the Marshal, and
in .lie execution thereof, he shall be governed by the same
laVs as are, or may be prescribed lor the direction and
compensation of Constables in similar cases. The Mar-
shal shall also perform such other duties as may be re-
quired of him under the ordinances of said city, and shall
be the principal ministerial officer. ■

' Sec. 41. It shall be the duty of the recorder, to make

Duty of reeord- , , . „ X ,. i -i .-i

er. and keep accurate records ol all ordinances marie by the

City Council, and of all their proceedings in their corpor-
ate capacity, which record, shall at all times be open to
the inspec.ion of the electors of said city, and shall per-
form all other duties as m*y be required of him by the
ordinances of the City Council, and shall serve as clerk of
the Municipal Court.

when private Sec. 42. When it shall be necessary to take private
EST** M *"' property for opening, widening, or altering any public

191

street, lane, avenue, or alley, the corporation shall make
a just compensation therefor, to the person who. e proper-
ty is so taken; and if the amount of such conipensa.ion
cannot be agreed upon, the Mayor shall cause he .same tp
be ascertained by a jury of six disinterested men, who
shall be inhabitants of the city.

Sec. 43. All jurors empannelled to enquire into the
amount of benefits or damages, that shall happen to the0"1"01'-'"-""5
owners of property so proposed to be taken, shall first be
sworn to that effect, and shall return to the Mayor their
inquest in 'writing, signed by each juror.

Sec. 44. In case the Mayor shall, at any lime, bejtnyw.Jiow
guilty to a palpable omission of duly, or shall wilfullymed*
and corruptly be guilty of oppression, malconiuct, or par-
tiality, in the discharge of the duties of hi office, he shall
be liable to indictment in the Probate Cour^ of Utah coun-
ty; and on conviction, he shall be liable to fine and im-
prisonment; and the court shall have power on the re-
commend of the jury to add to the judgment of the court,
that he be removed from office.

Sec. 45. The City Council shall have pov.-.cr to pro-,
vide for the punishment of offenders and vagrants, by im-vagr
prisonment in the county or city jail, or by compelling
them to labor upon the streets, or other public works, un-
til the sane shall be fully paid; in all cases where such
offenders or vagrants shall fail or refuse to pay the fines
and forfeitures which may be recovered against them.

Sec. 46. The inhabitants of Lehi ci;y shall, fiom and
after the next < nsuing two years, from the I qnday*ftya£^|pt 01

of April next be exempt from working on any road prfr"m workin?
roads, beyond the limits of said ci.y. But all taxes de-the'Sty8 OW
voted to road purposes, shall, from and after said !erm of
two years, be collected and expended by, and under the
direction of the supervisor of streets, within the limits of
said city.

Sec. 47. The Mayor, Aldermen, and Councilors of
said city shall, in the first instance, be appointed by the.iermeiTbo ap
Governor and Legislature of said Territory of Utah, andP"irited Bv tfc*
shall hold their office until' superseded by the first elec-
tion.

192

Sec. 48. This act is hereby declared to be a public
act, and shall be in force from and after iis passage.
Approved Feb. 5, 1852.

AN ACT TO INCORPORATE FILLMORE CITY IN
MILLARD COUNTY.

Sec. 1. Be it enacted l>y the Governor and Legislative As-
atnvndartes of Mmhly of the Territory of Utah, That all that district of
jorporaLon. Millard coun y embraced in the following boundaries, to
■wit: beginning at a point due east of the south east cor-
ner of the public square now surveyed, three miles; thence
south three miles; thence west six miles; thence north
six miles; thence east six miles; and thence south three
miles to the place of beginning, shall be known and
designated under the name and style of Fillmore City,
and the inhabitants thereof are hereby constituted a body
B a . .corporate and politic, by the name aforesaid, and shall

ooay corporate 1 i . J .

have perpetual succession, and may have and use a com-
«eai. mon seal, which they may change and alter at pleasure.

Sec 2. The inhabitants of said city by the name and
c«y powers, style aforesaid, shall have power to sue and be sued;
feet plead and be impleaded; defend and be defended, in
all courts of law and equity, and in all actions whatsoever^
to purchase, receive, an 1 hold property, real and person-
al, in said city; to purchase, receive, and hold real prop-
erty beyon 1 the city for burying grounds, or other public
purposes, for the inhabitants of said city; to sell, lease,
convey, or dispose of property real an 1 personal, for the
benefit Of said city; to improve and protect such property,
an I to do all other things in relation thereto as natural

rsons.

Sec. 3. There shall be a City C mncil to consist of a

Mayor, four Al lermen, and nine Councilors, who shall

■ ncii have the qualifica ions of electors of said city, and shall be

chosen by the qualified voters tjiereof, and shall hold their

lTennofoffice.offices for two years, and unhl their successors shall be

elected and qualified. The City Council shall judge of

193

the qualifications, elections and returns of their own mem-Mf,J°my Uitm
hers, and a majority of them shall f o m a quorum to (j0aquorum'
business, but a smaller number may adjourn irom day to
day, and compel the attendance of absent members under
such penalties as may be prescribed by ordinance.

Sec 4. The Mayor, Aldermen, and Councilors, be-°ath(,f o*6"
fore entering upon the duties of their offices, shall take
and subscribe an oath or affirmation that they will sup-
port the Constitution of the United States, and the laws
of this Territory; and that they will well and truly per-
form the duties of their offices to the best of their skill
and abilities.

Sec. 5. On the second Monday of March next, and

, »i r • i" j i .• i n Elprtions, how

every two _\ ears tnereaiter, on said day, an election shall|ieiii.
be held for the election ol one Mayor, four Aldermen, and
nine Councilors, and at the first election under this
act, three Judges shall be chosen viva voce, by the
electors present. The said Judges shall choose two clerks,
and the Judges and clerks before entering upon their du-J]|r,„e8 ana
ties, shall take and subscribe an oath or affirmation such<-i*rfcsof eie«
as is now required by law to be taken by Judges and clerks'.1e0n.S,hOWC>l<'
of other elections; and at all subsequent elections, the
necessary number of Judges and clerks shall be appointed
by the City Council. At the first election so held, the
polls shall be opened at nine o'clock A. M., and closed
at six o'clock P. M. At the close of the polls, the vo^es
shall be counted, and a statement thereof proclaimed at
the front door of the house, at which said election shall be
held, and the clerks shall leave with each person elected,
or at his usual place of residence, within five days afterUnsys* eie«»
the election, a written notice of his election; and each
person so notified, shall, within ten days after the election,
take the oath or affirmation herein before mentioned. A
certificate of which oath shall be deposited with the re-
corder, whose appointment is hereinafter provided for, and
be by him preserved. And all subsequent elections shall
be held, conducted, and returns thereof made, as may be
provided for by ordinance of the City Council.

Sec. 6. All free white male inhabitants who are of theWhosha,lT,,t*
age of twenty-one years, who are entitled to vote for Ter-
ritorial officers, and who shall have been actuc ' residents
of said city, sixty days next preceding said elccti m, shall
be entitled to vote for city officers.

194

p.wtroico.m- gEC> 7. The City Council shall have authority to lew

;fl aalo taxes. * * ■ n /,

and collect taxes tor city purposes, upon ail taxable prop-
erty, real and personal, within the limits of the city, not
exceeding one half per cent, per annum, upon ihe assess-
ed value thereof; and may enforce the payment of the
same, in any manner to be provided by ordinance not re-
pugnant to the Constitution of the United States, or the
laws of this Territory.

. Sec. 8. . The City Council shall have power to appoint

surer, as'cssoia recorder, treasurer, assessor and collector, marshal, and
tj^nwd.t0r supervisors of streets. They shall also have the power to
appoint all such other officers by ordinance as may be ne-
cessary; define the duties of all city officers, and remove
them from office at pleasure.

Sec. 9. The City Council shall have power to require
officers uTg'iveOf a^ officers appointed in pursuance of this act, bonds
-•osjds. Vfijth penalty and security, for the faithful performance of

their respective duties, such as may be deemed expedient;

and also to require of all officers appointed as aforesaid, to

take an oath for the faithful performance of the duties of

their respective offices.

Sec. 10. The City Council shall have power and au-
cilastomakingthprity to make, ordain, establish, and execute all such
.rdinances. ordinances, not, repugnant to the Constitution of the Uni-
ted States, or the laws of this Territory, as they may deem
necessary for the peace, benefit, good order, regulation,
convenience, and cleanliness of said city; — for the protec-
tion of pi*op< r y therein, from destruction by lire or other-
wise; and for the health and happiness thereof. They
nil vacancies shall haye power to fill all vacancies that may happen by
death,, resignation, or removal, in any of the offices herein
made elective; to fix and establish all the fees of the offi-
cers of said corporation, not herein established; to impose
such fines not exceeding one hundred dollars for each of-
fence, as they may deem just, for refusing to accept of any
office in or under the corporation, or for misconduct there-
ttivwie city in in; to divide the city into wards, and specify the bounda-
w> wards. rjes hereof, an 1 create additional wards; to add to the
number of Aldermen and Councilors, and apportion them
among the several wards, as may be just, and most con-
ducive to the interests of the city.

\* to schools. Sec. 11. To establish, support, and regulate common

195

schools; to borrow money on the credit of the city; /y^-Proviso.
vided, That no sum or sums of money be borrowed on a
•greater interest than six per cent, per annum, — nor shall
the interest on the aggregate of all the sums borrowed,
and outstanding, ever exceed one half of the city revenue
arising from taxes assessed on real estate within this cor-
poration.

Sec. 12. To make regulations to prevent the introduc-ro prevent die
tion of contagious diseases into the city, to make quaran-ease-
tine laws for that purpose, and enforce the same.

Sec. 13. To appropriate and provide for the payment1^ citv dcl,ta
of the expenses and debts of the city.

Sec. 14. To establish hospitals, and make rcgulationsHosPitals
for the government of the same; to make regulations to
secure the general health of the inhabitants; lo declare
what shall be nuisances, and to prevent and remove the
same.

Sec. 15. To provide the city with water, to dig well >, water the city
lay pump log?, and pipes, and erect pumps in the streets,
for the extinguishment of fires, and convenience of the in-
habitants.

Sec. 16. To open, alter, widen, extend, establish, streets and ai-
grade, pave, or otherwise improve, and keep in repair, 'e>s"
streets, avenues, lanes, and alleys; and to establish, erect,
and keep in repair aqueducts and bridges.

Sec. 17. To provide for the lighting of the streets, and
erecting lamp-posts; and establish, support, and regulate,^™/^"^
night watches; to erect market-houses, establish markets'" >rket houses
and market places, and provide for the government and
regulations thereof.

Sec 18. To provide for erecting all needful buildingsTo erect buiia-
for the use of the city; and for enclosing, improving, andg^uudg.
regulating all public grounds belonging to the city.

Sec. 19. To license, tax, and regulate auctioneers,, \uctioneen<
merchants, and retailers, grocers and taverns, ordinaries,
hawkers, pedlers, brokers, pawn-brokers, and money
changers.

196

Hacking. gEC go. To license, .tax, and regulate hacking, car-

riages, wagons, carts, and drays; and tix the rates to be
clvarged tov the carriage of persons, and for wagonage,
cartage, and drayage of property; as also to license and
regelate porters, and fix the rates of porterage.

Theatres. S&c. 21. To license, tax, and regulate theatricals, and

other exhibitions, shows, and amusements.

Tippling iious- Sec. 22. To tax, restrain, prohibit, and suppress tip-
es' pling-houscs, dram-shops, gaminghouses, baudy and oth-

er disorderly houses.

Extinguish gKc , 23 To pr0Vj(ie for the prevention and extinguish-

ment of tires; to regulate the fixing of chimneys, and the
flues thereof, and stove pipes, and to organize and estab-
lish fire companies.

Sec. 24. To regulate the storage of gunpowder, tar,
pitch, rosin, and other combustible materials.

Sec. 25. To regulate and order parapet walls, and
other partition fences.

Weights and Sec 26. To establish standard weights and measures,

measure*. anj recraiate the weights and measures to be used in the

city, in all other cases not provided for by law.

?umbering°f ^EC< ^7- To provide for the inspection and measuring
of lumber, and other building materials, and for the meas-
urement of all kinds of mechanical work.

Vfeiahine ha ^EC- ~^- ^° Prov^e f°r the inspection and weighing
of hay, lime, and stone coal, and measuring of charcoal,
fire-wood and other fuel, to be sold or used within the

city.

inspection of ^ec. 29. To provide for and regulate the inspection of
tobacco. tobacco, and of beef, pork, flour, meal ; also beer, and

whiskey, brandy, and all other spirituous and fermented

liquors.

As to bread. Sec 30. To regulate the weight, quality, and price of
bread, sold and used in the city.

Census. gBC> 31. t0 ptovide for taking the enumeration of the

inhabitants of the city.

197

Sec. 32. To fix the compensation of all city officers, Resuhite <■««»•
and regulate the fees of jurors, witnesses, and others, for
services rendered, under this or any city ordinance.

Sec. 33. The City Council shall have exclusive powerGaming
within the city by ordinance, to license, regulate, suppress,
or restrain billiard tables, and from one to twenty pin-al-
leys, and every other description of gaming or gambling.

Sec. 34. The City Council shall have exclusive powercity police
within the city by ordinance, to regulate the police of the
city, to impose tines, forfeitures, and penalties, for the
breach of any ordinance, and provide for the recovery of
such tines and forfeitures, and the enforcement of suchEnforcetnecoi
penalties, and to pass such ordinances as may be neces-lectlonof fire*'
sary and proper for carrying into effect and execution, the
powers specified in this act: Provided, That such ordi-
nances are not repugnant to the Constitution of the Uni-
ted States, or the laws of this Territory.

Sec. 35. All ordinances passed by the City Council, ordinances «.
shall, within one month after they shall have been passed, be Pub|whed.
be published in some newspaper printed in said city, or
certified copies thereof be posted up in three ot the most
public places in the city.

Sec. 36. ,A11 ordinances of the city may be proven byorriinance*.
the seal of the corporation; and when published inhow Proven
book or pamphlet form, purporting to be printed or pub-
lished by the authority of the corporation, the same
shall be received in evidence in all courts or places, with-
out further proof.

Sec. 37. The Mayor and Aldermen shall be conser-Maym- and a>
vators of the peace within the limits of the city, and shallgre3rmen' pow
have all the powers of Justices of the Peace therein, both
in civil and ciiminal cases arising under the laws of the
Territory. They shall, as Justices of the Peace, within
the limits of said city, perform the same duties; be gov-
erned by the same laws; give the same bonds and securi-
ties as other Justices of the Peace, and be commissioned^ u^gLT"*'3
as Justices of the Peace, in and for said city, by the
Governor.

198

Mayor and ai- gEC, 38. The Mayor and Aldermen shall have jur-
ymen, juris- .,...,, J • ■ j .* ,. ■ e

ttiction of. lsdiction in all cases arising under the ordinances of
the corporation, and shall issue such process as may
be necessary to carry said ordinances into execution and
effect. Appeals may be had from any decision or judg-
AppeoJg, how ment of said Mayor or Aldermen, arising under the ordi-
taien nances of said city, to the Municipal Court, under such

regulations as may be prescribed by ordinance, which
court shall be composed of the Mayor as Chief Justice,
and the Aldermen as Associate Justices; and from the fin-
al judgment of the Municipal Court, to the Probate Court
of Miilard county, in the same manner as appeals are
taken from Justices of the Peace: Provided, The parties
litigant shall have a right to a trial by a jury of twelve men,
in all cases before the Municipal Court. The Municipal
Court shall have power to grant writs of Habeas Corpus,
and try the same in all cases arising under the ordinances
of the City Council.

Sec. 39. The Municipal Court may sit on the first
HunicipaieourtMonday of every month, and the City Council, at such
and council, ^mes Hn^ places as may be prescribed by city ordinance;

meeting ot • x , • ■• • i n i i

special meetings of whicn may at any time be called by
the Mayor or any two Aldermen.

Process dime- Sec. 40- All process issued by the Mayor, Aldermen,
ted u> marshai.or Municipal Court, shall be directed to the Marshal, and
in the execution thereof, he shall be governed by the same
laws as are, or may be prescribed for the direction and
compensation of Constables in similar cases. The Mar-
shal shall also perform such other duties as may be re-
quired of him under the ordinances of said city, and shall
be the principal ministerial officer.

Sec 41. It shall be the duty of the recorder, to make
ifuty >r "and keep accurate records of all ordinances made by the
City Council, and of all their proceedings in their corpor-
ate capacity, which record, shall at all times be open to
the inspection of the electors of said city, and shall per-
form all other duties, as may be required of him by the
ordinances of the City Council, and shall serve as clerk of
the Municipal Court.

when private Sec 42. When it shall be necessary to take private
^rty fa ta" property for opening, widening, or altering any public

199

street, lane, avenue, or alley, the corporation shall make
a just compensation therefor, to the person whose proper-
ty is so taken; and if the amount of such compensation
cannot be agreed upon, the Mayor shall cause the same to
be ascertained by a jury of six disinterested men, who
shall be inhabitants of the city.

Sec. 43. All jurors empannelled to enquire into the
amount of benefits or damages, that shall happen to theDuty of Juro"
owners of property so proposed to be taken, shall first be
sworn to that effect, and shall return to the Mayor their
inquest in writing, signed by each juror.

Sec. 44. In case the Mayor shall, at any time, beMayor,how
guilty of any palpable omission of duty, or shall wilfullytned-
or corruptly be guilty of oppression, malconduct, or par-
tiality, in the discharge of the duties of his office, he shall
be liable to indictment in the Probate Court of Millard coun-
ty; and on conviction, he shall be liable to fine and im-
prisonment; and the court shall have power on the re-
commend of the jury to add to the judgment of the court,
that he be removed from office.

Sec. 45. The City Council shall have power to pro-
vide for the punishment' of offenders and vagrants, by im-vagrant's. "
prisonment in the county or city jail, or by compelling
them to labor on the streets, or other public works, un-
til the same shall be fully paid; in all cases where such
offenders or vagrants shall fail or refuse to pay the fines
and forfeitures which may be recovered against them.

Sec. 46. The inhabitants of Fillmore citv shall, from

"city exempt

and after the next ensuing two years, from the first Mon-Inf

dav in March next be exempt from working on any road orfro»' working
roads, beyond the limits of said city. But all taxes de-tTed? °m °f
voted to road purposes, shall, from and after said term of
two years, be collected and expended by, and under the
direction of the supervisor of streets, within the limits of
!h« city.

Sec. 47. This act is hereby declared to be a public
Mfc, and shall be in force from and after its passage.
Approved Feb. 13, 1852.

200
AN ACT INCORPORATING NEPHI CITY.

Sec. 1. Be it enacted by the Governor and Legislative
Oi boundw- Assembly of the Territory of Utah, That all that portion of
>e*. country situate within the following boundaries, to wit:

commencing at the south east corner of the plot of Nephi
city in the county of Juab, in said Territory, and running
thence west two miles; thence north four miles; thence easD
to the base of the mountain; thence southerly along the
mouth of the kanyon, and base of the mountain to a point
opposite to the place of beginning: thence west to the place
of beginning, shall be known and designated as iNephi
city; and is hereby incorporated under the name and style
. am« y e. a£oresaj^. an(i ^}ie inhabitants thereof are hereby constitu-
ted a body corporate and politic, by the name aforesaid,
and shall have perpetual succession, and may have and
use a common seal, which they may change and alter at
pleasure,

Sec. 2. The inhabitants of said city, by the name and
oorp«rat8 pow- style aforesaid, shall have power to sue and be sued; to
ers- plead and be impleaded; defend and be defended, in all

courts of law and equity and in all actions whatsoever; to
purchase, receive and hold property, real and personal, in
said city; to purchase, receive, and hold real property be-
yond the city, for burying grounds, or other public purpos-
es, for the use of the inhabitants of said city; to sell, lease,
convey or dispose of property, real and personal, for the
benefit of said city; to improve, and protect such property,
and do all other things in relation thereto, as natural per-
sons.

city council. Sec 3. There shall be a City Council, to consist of a
Mayor, four Aldermen, and nine Councilors, vho shall

Term of effice have the qualifications of electors of said city, and. shall

be chosen by the qualified voters thereof, and shall hold

their offices for two years, and until their successors shall

Msjrrity fonnbe elected and qualified. The City Council shall judge

» quorum. Q| t^e qua]ifjcatiors> elections, and returns of their own
members, and a majority of them shall form a (juornm to do
business; but a smaller number may adjourn from day t«
day, and compel the attendance of absent members, un-
der such penalties as shall be prescribed by ordinance.

Sec. 4. The Mayor, Aldermen, and Councilors be-

201

fore entering on the duties of the?r offices, shall take andGivetwiuu
subscribe an oath or affirmation, that they will support
the Constitution of the United States, and the laws of this
Territory, and that they will well and truly perform
the duties of their offices, to the best of their skill and
abilities.

Sec. 5. On the first Monday of May next, and
every two years thereafter, on said day, an election shal]tions!S°
be held for the election of one Mayor, four Aldermen, and
nine Councilors; and at the first election under this
act. three Judges shall be chosen, viva voce, by the First elect*™.,
electors present. The said Judges shall choose two clerks;
and the Judges and clerks, before entering upon their du-
ties, stealt take and subscribe an oath or affirmation, such
as is now required by law to be taken by Judges and clerks
of other elections; and at all subsequent elections, the
necessary number of Judges and clerks shall be appointed jU(lee, and
bv the City Council. At the first election so held, the -lerks of eta*
polls shall be qpened at nine o'clock, A. M., and closed at"y"ityPMuneiL
six o'clock, P. M. At the close of the polls the votes
shall be counted, and a statement thereof proclaimed at
the front door of the house, at which said election shall
be hell; and the clerks shall leave with each person elec-
ted, or at his usual place of residence, within five davs af-r. . , ,

' L . . » , . , J Duty of cleric*

ter the election, a written notice or his election, and each
person so notified, shall within ten days after the election,
rake the oath or affirmation hereinbefore mentioned. A
certificate of which oath shall be deposited with the re-
corder; who-e appointment is hereinafter provided for,
and be by him preserved; and all subsequent elections
shall be hell, conducted,- and returns thereof made, as
may be provided for by ordinance of the City Council.

Sec. 6. All free white male inhabitants who are of the
age of twenty one years, who are entitled to vote for Ter-a',r>,ifi0iUlt'il
ritorial officers, and who shall have been actual residents "
of said city, sixty days next preceding said election, shall
be entitled to vote for city officers.

Sec. 7. The City Council shall have authority to levy
and collect taxes for city purposes, upon all taxable pro- f^* -j°f tlly
perty, real and personal, within the limits of the citv, not
exceeding the half of one per cent, per annum, upon the as-

202

sessed value thereof; and may enforce the payment of the
same, in any manner to be provided by ordinance, not re-
pugnant to the Constitution of the United States or the
laws of this Territory.

city council Seo 8. The City Council shall bave power to appoint
appoint°officersa^ sucn officers as may be necessary to carry into effect

their legal enactments, define their duties, and remove

them at pleasure.

Shan require ^EC- 9< T^e ^J Council shall have power to require

officers to givebonds as they shall deem necessary, of all officers appoin-

bonds. te(^ ky tfeem, and require an oath or affirmation for the

faithful discbarge of the duties assigned them.

Sec. 10. The City Council shall have power and au-
^we5i!nhp"ass tnority to make, ordain, establish, and execute all such
ordinances, ordinances, and grant such licenses not repugnant to
the Constitution of the United States, or the laws of this
Territory, as they may deem necessary for the welfare of
the inhabitants of said city, and for the protection of their
Power to fin property. They shall have power to till all vacancies
ail vacancies. tjmt m^ occur ^y death, or otherwise; to fix and estab-
lish all the fees of the officers of said corporation, not
herein established; regulate the feesot witnesses and jurors,
and all other services; to divide the city into wards, and
liiy fmodwardssPectfy tne boundaries thereof,) and create additional
wards; to add to the number of Aldermen and Council-
ors, and apportion them among the several wards.

Sec. 11. All ordinances passed by the City Council,
PubiishinecUv shall, within one month afier they shall bave been passed,
gniinances. " be published in some newspaper, printed in said city, or

certified copies thereof, be posted up in eight of the most

public places in the city.

PowersofMay- Sec 12. The Mayor and Aldermen shall be conserva-
»rand aider- tors 0f f]ie peace within the limits of the city, and shall
have all the powers of Justices of the Peace, perform the
same duties, be governed by the same laws, and be com-
missioned in the same manner as other Justices of the
Peace, within this Territory.

Sec. 13. The Mayor and Aldermen shall have exclu-

203
sive jurisdiction in all cases, arising1 under the ordinances)uri8','ct,on ol

c ii • j i 11 • i , Ihe mayor.

ot this corporation, and snail issue such process as may be
necessary to carry said ordinances imo effect. Ap-
peals may be had from any decision or judgment of
said Mayor or Aldermen, arisin<>- under the ordinances of

•j- i ■»«■•'• i r\ i n i- Appeals, now

said city, to the Municipal Court under such regulationsiaken.
as may be prescribed by ordinance, which court shall be
composed by the Mayor, as Chief Justice, and the Alder-
men, as associate Justices; and from the final judgment of
the Municipal Court, to the Probate Court in the county of
Juab, in the same manner as appeals are taken from Justices
of the Peace, provided the parties litigant shall have the
right to a trial by a jury of twelve men, in all cases be-
fore the Municipal Court. The Municipal Court shall
have power to grant writs of Habeas Corpus, and try the
same in all cases arising under the ordinances of the
City Council.

Sec. 14. The Municipal Court shall sit at such times andcity council a.
places as shall be prescribed by the City Council, who™^^0""
shall sit when they think proper, and make their own ad-
journments. Special meetings of which may at any time
be called by the Mayor, or any two Aldermen.

Sec. 15. It shall be the duty of the recorder to rnakeD cfrewrd
and keep accurate records of all ordinances made by the«r.
City Council, and of all their proceedings in their corpor-
ate capacity; which record, shall at all times be open to
the inspection of the electors of said city, and shall per-
form all other duties as may be required of him by the or-
dinances of the City Council, and shall serve as clerk of
the Municipal Court.

Approved March 6, 1852.

204

JOINT RESOLUTIONS PERTAINING TO THE SEC-
RETARY OF UTAH TERRITORY.

Whereas, the Hon. B. D. Harris Secretary of the Ter-
ritory of Utah, being about to leave, absent himself, or
abscond from said Territory, and intends, as we are au-
thentically and credibly informed, to convey away or oth-
erwise dispose of the Territorial seal, records, papers,
documents, and property in his possession, and pertaining
to his office, contrary to the Organic Act, which provides
(sec. 3.) that said Secretary shall reside in said Territory;
and

Whereas, It is believed that said Secretary has in his
possession, the money appropriated by ihe Act of Con-
gress, approved Feb. 27, 1351, amounting to 1 24,000,
designed by Congress as compensation and mileage of
members of the Legislative Assembly, and other expen-
ses of said Territory of Utah. See Statutes at large,
r>a"-e 571, 31st Congress, 2nd session: and

Whereas, It is believed that said Secretary should not be
permitted thus to leave said Territory with so large an
amount of government funds, and without having authority
which we apprehend nowhere exists, tin reby seriously in-
conveniencing not only this Territory, but incurring the
loss of said funds to the general government; Therefore,

Resolved, by the Legislative Council and House of Rcp-
o.s. Marshal reSentatives in joint session assembled, that it shall be the

to taks p-.ipprs J. ■ -,, . . ' -it.

&c, in p.isse>-duty of the United States Marshal for said le-mtory, to
ry0nw"[i'hC.'.era"ProcCJe(i forthwith, and tahe into his custody, all such pa-
'.aintoiu-iotiuepers, records, documents and property of every hind per-
taining to said office of Secretary, as also all money in his
possession belonging to said Territory, and pertaining to
said office, or entrusted by the general government, for
the benefit of this Territory, in his hands; together with
the seal and press of the Territory of Utah, and safely
keep and preserve the same for the time being, until the
vacancy thus occasioned in said office, shall be filled by
appointment, by the President of the United States, or
the disabilities otherwise cease to exist.

And be it further resolved, That in case the said B. D.
Harris, Secretary aforesaid, shall refuse, neglect, or oth-

205

erwise fail to deliver the said papers, records, seal, press,

documents, or money or any other property or articles per-

taining to said office, or any part thereof, then, and in that

case, it shall be the duty of die said United States Marshal rr secretary T<y

for Utah Territory, to arrest the said B. D. Harris, Sec-!"setoe<!mP,y>

,• -iii- cii • i mi le marshal

retary aforesaid, and him sately keep in custody, until he^iiiarrprtanri

shall comply with the foregoing resolutions. keep him.

Approved Sept. 24, 1851.

JOINT RESOLUTION LEGALIZING THE LAWS OF
THE PROVISIONAL GOVERNMENT OF THE
STATE OF DESERET.

Resolved, by the Legislative Assembly rf the Territory of heseret u
Utah, That the laws heretofore passed by the provisional1*^111'2**1,
government of the state of Deseret, and which do not con-
flict with the '/Organic Act," of said Territory, be, and
the same are hereby declared to be legal, and in full force
and virtue, and shall so remain until superseded by the
action of the Legislative Assembly of the Territory of
Utah.

Approved Oct. 4, 1851.

JOINT RESOLUTIONS FOR THE ENCOURAGE-
MENT OF HOME MANUFACTURES.

Resolved, by the Gown or and Legislative Assembly of the

Territory of Utah, in joint scssioyi assembled. That a select

committee of three be appointed to act under the direc-

.• e xT. -p u A rt • t Committee N

tion ot riis Excellency the Governor, m awarding pre-award preaa

rniums to such persons as shall produce the greatest quan-ums-

tity of manufactured articles of good quality; having

reference to those articles most needed, and of common

use.

Resolved, That the sum of one thousand dollars be, and

206

Jh^lSum™ tne same IS nereDy appropriated out of any moneys in the
Treasury not otherwise appropriated to be paid in premi-
ums, ior the promotion of domestic manufactures under
the direction of the Governor and committee aforesaid.

, Resolved, That so much of the revenue laws passed ex

h.epenl of some , . ,. , ,, , .. ,, r . ,

renewed luws.empting certain articles of merchandize from taxation, be,
and the same is hereby repealed.

certain articles Resolved, That articles of domestic manufacture be re
tai9sl'ed f°r ceiyed from the manufacturer in payment of taxes at a

fair and minimum price to be hxed by the Assessor and

Collector.

Toenco e Resolved, That we pledge ourselves most unequivocally,
Homemanu- to use our influence by all the legitimate means within
our power to promote home manufactures; and as a means
to promote this end, thai we rely solely upon our exer-
tions, ingenuiiy and enterprize, industiy. eeonomj^ and re-
sources, for every indispensable article that can be manu
factured.

circular. Resolved, That we recommend to all the people of the

Territory of Utah, to assist us in carrying into effect, the
pivceding resolutions; and that a circular be addressed to
them on this subject.

Approved January 17, 1852.

JOINT RESOLUTIONS, LOCATING THE SEAT OF
GOVERNMENT FOR THE TERRITORY OF UTAH
IN PAUVAN VALLEY.

*a,ent located Resolved by the Legislative Assembly of the Territory of
m^wavai.^ That the seat of Government for said Territory, be,

and the same is hereby located in Pauvan valley in said

Territory.

Resolved, That the Governor of this Territory is here-

tror. appoint a -, ,-, . , . r % ,

•ommittee to by authorized to appoint a committee, ot not less than
rf^T-.t.»f seat two, nor more than tive, to select a site in said valley for

•i gOTernment * ' j /• i

the seat of government, and locate the same; and further

207

provide for the immediate erection of such public build-
ings at said location as shall be necessary for the purpose
of convening the Legislative Assembly, and other purpos-
es pertaining to the Government of said Territory, so far as
the appropriation of twenty thousand dollars by the gov-
ernment of the United Stages, for the purpose of erecting
suitable public bindings in said Territory, will justify.
Approved October 4, 1851.

A RESOLUTION, CREATING THE OFFICE OF SUPERIN-
TENDENT OF COMMON SCHOOLS.

Resolved, by the Governor and Legislative Assembly of the
Territory of (7toA,That the Chancellor and board of RegentschanwlhwMd
of the University of Deseret, are hereby authorized to &p-r®aie,,**fp*|B"!
point a Superintend* nt of Primary Schools, for the lerrf-of ..omasa
tory of Utah.under their supervision and discretionary eon-*0'201''8"
trol, and award such a salary to him at the expense of the
Territory for his services, as they may deem expedient:
Provided however, That the salary of said Superintendent
shall not exceed the s.im of one thousand dollars per an-
num.

Approved Oct. 4, 1851.

JOINT RESOLUTIONS, IN RELATION TO THE UTAH LI~
. BRARY.

Whereas, Through the munificence of the United States
Government, and the liberality of private individuals from
various parts of the United States, a valuable library of
choice books and papers have now arrived in boxes in this
city, which require immediate attention, both for safe
keeping and for. becoming available to the people, accord-
ing to the original purpose of the government; therefore,

Resolved, hy the Governor and Legislative Assembly of the
Territory of Utah, That the committee on Library is here-nb^'^Vn-

208

*Jt!Lthe ty authorized to procure a convenient room with proper
fixtures and appurtenances, either in the present? State
House, or at some central position of this city, for the
preservation and use of the aforesaid Library.

Resolved, That the said committee be further authorized
to draw from the treasury of1 the United States, through
Joseph L. Hey wood, Marshal of the United States, for the
Territory of Utah, any sum not exceeding two hundred
dollars, in order to carry into effect the above resolution.

Librarian to Resolved, That the office of Librarian is hereby created
rt«iw order for forthe Territory of Utah, whose duty it shall be to pre-

g2i}3 fur use o( - ..... - ii.ll.i_i

library. serve, and keep to their legitimate purpose all the books

and papers of the Library of the Territory,, under a bond
of five thousand dollars, to be approved by the Governor,
and tiled in the office of the Secretary of the Territory.

»uty of libra- Resolve J, That it shall further be the duty of said Li-
lian brarian to keep, disburse, and control all books, papers,

maps, charts, globes, and apparatus, &c., &c, that now
do, or hereafter may belong .10 the library of the Territo-
ry of Utah, subject to the control, discretion, and direc-
tion of the Legislative Assembly, and make report of his
doings from time to time to the legislature as shall by them
be required.

o»v. RPp-iiiit Resdvsd, That the Governor is hereby authorized to
Bibnmen. appoint a Librarian for the Territory of Utah, and remove
the same at discretion.
Approved Oct, 4, 1851.

RESOLUTION IN RELATION TO ELECTION OF TWELVE
SELECT MEN, OR REFEREES.

Ktertian of se- Resolved, by the Governor and Legislative Assemlly of the
Potmen. Territory of Utah, That it shall be lawful for each organ-
ized county to elect a council of twelve Select men as Re-
ferees, whose duty it shall be to decide all cases in litiga-
****** tion which may come before them by the mutual consent

of the parties interested; and their decision in all cases so

209

brought before them shall be the end of all controversy
in the matter. A majority of said Select men shall con-
stitute a quorum to do business: Provided, That noLbingPiwiw.-..
herein contained shall be so construed as to vest in said
council any judicial power of said Territory.
Approved March 6, 1852.

RESOLUTION FOR AN ORDER OF FIVE HUNDRED DOL-
LARS FOR INCIDENTAL EXPENSES OF THIS ASSEM-
BLY.

Resolved, by the Governor and Legislative Assembly of the-. ..
Territory of Utah, That an order be drawn on the Secreta-jienscs
ry of the Territory for the sum of five hundred dollars,
to be appropriated to defray the incidental expenses of the
present Legislative Assembly of Utah, as provided in the
eleventh section of the act of Congress, approved Septern-
ber 9, 185 J, organizing the Territory of Utah.

Approved Sept. 24 1851.

JOINT RESOLUTION IN RELATION TO THE PUBLIC
FUNDS.

Whereas, The Secretary of the Territory has left for
the United States, taking with him the funds belonging
to the Territory of Utah, by appropriation of the second
session of the thirty first Congress, appropriating twen-
ty-four thousand dollars for compensation and mileage of
members of the legislature, officers, clerks, contingent
expenses, &c, Therefore,

Resolved, by the Governor and Legislative Assemlly cf the
Territory of Utah, That the United States Marshal for the^/arJlha, a.,_
Territory of Utah, Joseph L. Hey wood, be authorized toti'""««i *>
draw on the Treasury of the United States, for the afacMiwmry.**'
said amount of twenty -four thousand dollars, or any part

210

thereof, to defray the expenses of the Legislative Assem-
bly, and other purposes for which said appropriation was
designed.

Approved Oct. 4, 1851.

JOINT RESOLUTIONS IN REGARD TO PURCHASE OF
THE STATE HOUSE IN GREAT SALT LAKE CITY FOR
PUBLIC PURPOSES.

Be it resolved by the Governor and Legislative Assembly of

";Scy|fe Territory of Utah, That Edwin D. Woolley be appoin-

genttop«r- te(j an agen* for the Territory of Utah, to purchase the

fou/cState State House in Great Salt Lake City, known by the name

of the Council House, erected by the Church of Jesus

Christ of Latter Day Saints, of the trustees in trust of

said church, for the use and benefit of the Territory of

Utah, to be appropriated to public purposes, and to be un-

e der the control of the Governor and Legislative Assembly

can bere-j.ur-0f sa-;d Territory, until such times as a suitable building

abased. g^au ke erected at the seat of government in Fillmore city

in said Territory: conditional, That such State House shall

be subject to be bought back by said trustees in trust, when

said building shall be erected at the seat of government.

Resolved, That said Agent is hereby required to report
his proceedings as soon as practicable, subject to the ap-
proval of the Governor and Legislative Assembly of the
Territoy.

Appropriation And be it further resolved, That the appropriation of
b»ifhc2!£for twentv thousand dollars, made by Congress for the erec-
tion of a State House in the Territory of Utah, be, and
hereby is appropriated for the purchase of said building.

;?e»tofgoTen« And be it further resolved, That in the event said pur-
G*StLCcudBt*nase can ^ effected> the seat of government shall be lo-
7>r<.t'«m, 'y cated at Great Salt Lake City, pro tempore, until a suit-
able building is erected at Fillmore City, the present
location for the seat of government.
Approved Jan. 6, 1852.

211

RESOLUTION CONCERNING THE EXPENSES
OF LOCATING THE SEAT OF GOVERNMENT
FOR THE TERRITORY OF UTAH.

Resolved by the Governor and Legislative Assembly of the
Territory of Utah, That thfi expenses of the Commissioners
for locating the seat of Government, of said Territory, be
paid out of the twenty thousand dollars appropriated by
Congress for locating said seat, and providing suitable
buildings thereat.

Approved, February 2, 1852.

A JOINT RESOLUTION IN RELATION TO THE DELIN-
QUENT TAX OF IRON COUNTY.

Be it resolved by the Governor and Legislative Assembly of
the Territory of Utah, That the delinquent taxes of Iron
county now due; — and the Territorial tax of said county
for the current year, are hereby appropriated for the pur-
pose of opening a road to the coal veins in Coal creek and
in Coal creek kanyon in said county; to be expended un-
der the direction of the sheriff of said county, who shall
report the same to the Auditor of Public Accounts, by the
first day of November, A. D., 1852.

Approved, February 18, 1852.

L RESOLUTION TO EXTEND THE TERRITORIAL ROAD
IN WEBER COUNTY.

Resolved by the Governor and Legislative Assembly of the
Territory of Utah, That the Territorial road be extendedto £«ar riY«;
from its northern terminus in Weber county, north to
Bear river, and the Territorial road commissioner is here-
by required to proceed forthwith and locate said road as
above provided.

Approved, March 3, 1852.

212

RESOLUTIONS MAKING APPROPRIATIONS TO THE
ASSFSSOR AND COLLECTOR AND AUDITOR OF
PUBLIC ACCOUNTS.

Resolved hy the Governor and Legislative Assemlhj of the

Territory of Utah, That the Assessor and Collector be al-

Awtssornnd lowed' the sum of one thousand dollars for services during

collector, com- . °

?eniaiion of. the past year.

And he it further resolved, That the Auditor of Public
Oompon^ation Accounts be allowed the sura of four hundred dollars in
of auditor. fuj}; for pas$ services, stationery furnished, &c.

Approved, March 6, 1852.

RESOLUTION RELATIVE TO COMMUNICATIONS ON CI
VIL AND MILITARY MATTERS..

Be it resolved hy the Governor and Legislative Assembly of

tarv'raTaerl'11"^5 territory <f Utah, That all public documents, letters.

post free. papers, and communications, civil and military in relation

to Territorial business, shall be post free, the postage on

the same to be chargeable in the Territorial Treasury

Approved, March 6, 1852.

RESOLUTION IN RELATION TO SURVEY OF STATE
ROAD SOUTH OF CREAT SALT LAKE CITY.

Road commis- Resolved, That the Territorial Commissioner be direct
sienersto sijtagd to forthwith proceed to survey the State road leading

vey state roan . * J &

sooth oi G.s.L.south of Great Salt Lake City as far as the south end of
lty" the big field; also put a stake at each corner of the blocks

Also north of where said road passes over them; also the State road
°!ty' leading north of Great Salt Lake City.
Approved, February 6, 1852.

213

RESOLUTION TO CONVENE THE LEGISLATIVE AS-
SEMBLY.

Be it resolved by tlie Governor and Legislative Assembly o/Lesisl(lliv# ai
the Territory of Utah, That the next annual session of thesembly vrhn
Legislative Assembly shall meet on the second Monday'0 me,t*
of December, A. D., 1852, at the Territorial House, in
Great .Salt Lake City, at 10 o'clock, a. m.

Approved, March 3, 1852.

RESOLUTION IN RELATION TO DISTRIBUTING CON-
STITUTION, &c.

Be it resolved by the Governor and Legislative Assembly ofGortT &e
the Territory of Utah, That the Governor, Secretary, have 5 copiei
Judge of the district court, United States Marshal], Unite d£jj£; °&(£",tt
States district attorney, and each member of both housesJust publish
of the Legislative A«sembly and the officers thereof, be
allowed five copies of the Constitution, Organic Act, &c,
just published; aud that the Secretary of the Territory be
instructed to forward one copy of each to each officer of
this Territory in their respective counties.

Approved, January 30, 1852.

RESOLUTION IN RELATION TO THE DISTRIBUTION
OF THE LAWS AND JOURNALS OF THE LEGISLA-
TIVE ASSEMBLY.

Resolved by the Governor and Legislative Assembly of the**™'** e*ch
Territory of Utah, That the Secretary of the Territory fur-
nish the. Governor of each State and Territory of the Uni-
ted States with one copy of the laws, passed by this Legis-
lative Assembly, and also with one copy of the journals
of the same.

Also that he furnish the Governor of Utah Territoryeor. Utah.
with one hundred copies of each.
14

Legislative
assembly.

< f dicers of.

£14

Also that be furnish each member of the present Legis-
lative Assembly with two copies of the laws, and one of
the journals.

Also that he furnish each officer of the Legislative As-
sembly with one copy of each.

officers of ter- Also that he furnish each civil officer of the Territory
ntory. with one copy of the laws.

Also that he furnish the Utah Library, and the Library
Libraries. of the University of Deseret each, with five copies of each.
Approved, March 6, 1852.

RESOLUTION APPROPRIATING MONEY FOR ROAD
PURPOSES.

delinquent tax-

Resolved by the Governor and Legisl&iive Assembly of the
collector to re Territory of Utah, That the sum of one hundred and fifty
reive or-ieiscn(i0nars be, and is hereby appropriated, to be applied on
the state road in the north part of Great £alt Lake Coun-
ty; to be under the directions of the Territorial road com-
missioner. And the Territorial collector is hereby re-
quired to receive orders to the amount of one hundred
and fifty dollars for labor on said road in payment of de-
linquent taxes due the Territory.
Approved Jan. 30, 1852.

riecreta'y to
^pply for
weights and

measures.

RESOLUTION IN RELATION TO WEIGHTS AND MEAS-
URES.

Resolved by the Governor and Legislative Assembly of the
Territory of Utah, That the Secretary of the Territory of
Utah, be requested to apply to the Secretary of the trea-
sury of the United States, to furnish the Governor of this
Territory with a full set of the standard weights and

215

measures established by Congress, to be kept for the use
of this Territory.

Approved March 3, 1852.

RESOLUTION MAKING AN APPROPRIATION TO THE
SURVEYOR GENERAL.

Resolved by the Governor and Legislative Assembly of the
Territory of Utah, That the sum of five hundred dollars
be, and is hereby appropriated out of any money in the
treasury, not otherwise appropriated, to the surveyor gen-
eral of the Territory, for his official service, due from the
date of his appointment to office, to the first day of Au-
gust, 1851.

Approved March 3, 1852.

RESOLUTIONS TO REVISE AND CLASSIFY THE LAWS
OP DESERET.

Resolved by the Governor and Legislative Assembly of the
Territory of Utah, That a Joint Committee of the twooommiuee to
Houses of the Legislative Assembly, to consist of threerevise/. an(1
members of the House of representatives, and two mem-JawscTfDeser?
hers of the Council, be elected by the joint vote of the
Legislative Assembly, whose duty it shall be, to revise and
classify the laws of the State of Deseret, which have been
legalized by this assembly, so as to apply to the Territor-who »haii «*
ial organization of the Territory, and that they be, and^Y/i"8"3
are hereby authorized to perform said duty durino- the assembly.
recess of the Legislative Assembly, and make report to
the Legislature on the first Mondav of January next.

Approved Oct, 4, 1851.

216

RESOLUTION IN RELATION TO WILLIAM M. LEMON'S

SURVEYS.

Resolved by the Governor and Legislative Assembly of the
Territory of Utah, That all lands •within this Territory,
that were surveyed by the late William M. Lemon, coun-
ty surveyor of Great Salt Lake county, -which have not
been returned in the office of the surveyor general ^ the
claimants of such lands are hereby required to present such
claims with the claimants names, traets, parcel, piece or parts
of land so claimed, to the surveyor general, by or before
the first day of June, A. D. 1852. All pieces and parcels
of land not known in said office after that date, will be only
known as unsurveyed land, subject to be given out to ap-
plicants.

Approved March 3, 1852.

MEMORIAL SIGNED BY THE MEMBERS OF THE LEGISLA-
TIVE ASSEMBLY OF UTAH, TO THE PRESIDENT OF
THE UNITED STATES.

Great Salt Lake Citt, Sept. £9, 1851.
To Millard Fillmore, President of the United States, of Xorth America.
The undersigned, members of the Legislative Assembly for the
Territory of Utah, do hereby most respectfully beg leave to show,
that, whereas, two of the Honorable Justices of the Supreme Court,
of the United States for the Territory of Utah, and the Hon. B. D.
Harris, secretary of the Territory; have removed from the Territory
of Utah, and consequently vacated their offices within the same:
therefore your memorialists do most earnestly solicit, and pray the
Chief Executive of the United States to till those vacancies as speed-
ily as possible.

"Accumulated influences of a disagreeable nature may be regarded
as our apology for trespassing upon the attention of our highly hon-
ored Chief Magistrate at this time. The vacating of important pub-
lic offices in a manner as unwarranted as it is unprecedented at this
peculiar crisis of our colonial settlement and government, have cre-
ated mingled sensations of an extraordinary character, which we
wish briefly to pour into the bosom of the National Executive.

Immediately consequent upon the settlement of this colony, a large
and heterogenious emigration followed upon our heels,ren:aining here

217

a shorter or longer time, imperatively requiring the establishment
of an efficient government, for the speedy protection of life, peace,
virtue, and property. In addition to a transient and ungovernable
emigT-ation, almost constant Indian depredations have plead like the
irresis'.able maw of death for the institution of some formidable or-
der, and power of government amongst us. A provisional govern-
ment was accordingly formed, which has met the exigencies of the
people, and secured general tranquility, order, and satisfaction. And
when the announcement of a Territorial government, under your
fostering hand, reached us, it was hailed with shoutings and firing
of cannon. But, sir, the officers appointed sufficiently early to have
reached here last winter, did not arrive till July last, when mea-
sures had been taken by the Governor of Utah, for taking the cen-
sus, and securing an election of delegate to Congress, and mem-
bers of the Legislature, without the seal of the Hon. Secretary of
the Territory. And now, in the very dawn of the arrival of the
government officers, and of our hopes of an efficient Territorial gov-
ernment, we are most seriously embarrassed with their unprovoked
departure from the limits of the Territory, taking with them the
judiciary, the public seal, and public fund, leaving us in a more
crippled condition, if possible, than previous to their arrival, there-
by tantalizing a people of more than spartan intrepidity and forti-
tude, that have long been struggling against the most invincible dif-
ficulties. The first demand upon thehonorable Secretary, for station-
ery, desks, and such contingent expenses as might necessarily ac-
crue in the outset of a Legislative Assembly, has been peremptorily
refused. Not only so, but all the authorities of the Territory, in-
cluding the Governor and both Houses of the Assembly and Mar-
shal.have been set at nought, as exercising their functions illegally and
unconsritut'onally. (See document marked No. 8.)

Thus, sir, when we have looked for the fostering aid of such a
functionary as the honorable Secretary, and for a fellow citizen,
worthy the honor conferred by our illustrious Chief Magistrate, we
have been annoyed with the technics, of legal quackery, and our
respectful address for stationery, <fec, has been responded to, not as
to legislators of the undivided choice, and sole representation of a
sovereign people, who know the right of franchise, and of self gov-
ernment under the constitution, but as to men who ape authority that
does not belong to them. Although we are ipso fa do honored with
the choice of a soveriim and free people to be their representatives
in Legislative Assembly, and the refusal ot a captious stranger to
accredit us with the fact, does not shake the truth, still a studious
violation of etiquette when it is designed to convey burlesque, con-
tempi, and indignity, upon a legislative body, is calculated to alien
ate a people from such functionaries.

218

Your memorialists being aware of the difficulty of sending men
from the states to fill the vacancies that have accrued from the re-
moval of the two honorable Judges, and the Hon. B. D. Harris, du-
ring the period of many months to come; and feeling cautious against
any possible future removals like those which now embarrass us with
the want of a Territorial seal and funds to meet constantly accruing
expenses, and also the want of a full Supreme Court of the United
States for Utah Territory; and desirous to dwell in peace and un-
feigned loyalty to the constitution and General Government of the
United States, do therefore pray our highly honored Chief Magis-
trate to appoint men to fill the aforesaid vacancies, by and with the
consent of the Senate, who are indeed residents amongst us, in order
that we may enjoy the full administration of every department of
government speedily, as the prosperity of the Territory shall require.
And your memorialists, as in duty bound, will ever pray.

WILLARD RICHARDS,

President of the Council.
A. L. LAMEREAUX, HEBER C. KIMBALL,

JOHN STOKER, DANIEL H. WELLS,

GIDEON BROWNELL, AARON JOHNSON,

•JAMES BROWN, ALEXANDER WILLIAMS,

DAVID B. DILLE, ISAAC MORLEY,

JAMES G. BROWNING, JOHN S. EULLMER,

DAVID EVANS, CHARLES R. DANA,

WILLIAM MILLER, ORSON SPENCER,

LEVI W. HANCOCK, GEO. A. SMITH,

CHARLES SHUMWAY. LOREN FARR,

W. W. PHELPS,
Speaker of the House of Representatives.
DAVID FULLMER, DANIEL SPENCER,

ALBERT P. ROCKWOOD, NATHANIEL H. FELT,
EDWIN D. WOOLLEY, PHINEAS RICHARDS,

JOSEPH YOUNG, B. F. JOHNSON,

H. G. SHERWOOD, HOSEA STOUT.

W1LFORD WOODRUFF,

219

MEMORIAL TO CONGRESS FOR AN APPROPRIATION FOR THE
ERECTION OF A TERRITORIAL PRISON.

To the Honorable, the Senate and House of Representatives of the Uni-
ted States, in Congress Assembled.

Your memorialists, the Legislative Assembly of the Territory of
Utah, would respectfully suggest to your honorable body, the neces-
sity of a suitable building tor a Territorial Prison in this Territory.
In doing this, we would remind your honorable body, though our
locality is quite remote from the exercise of Judicial authority in
other states or territories, still we are not beyond the pale of fre-
quent and multiplied crimes and offenses which demand the retribu-
tion of imprisonment. The expense of building a safe prison, suffi-
ciently large to meet the liabilities of convicted criminals in this
Territory, is greater than a distant observer might readily appre-
hend.

This more than ordinary expense arises both from the extraordin-
ary cost of labor and materials, and also from the multiplication of
criminals thrown into the Territory by a transient and wayfaring
population, as Avell as our own. The early erection of a substantial
prison it is believed would not only tend to prevent crime, but also to
reform the offenders and put them in'the way of self support. Tht-
infancy of the Territory renders the erection of such a prison, at
present, without the aid of Congress, too great a work for the finan-
ees of your memorialists.

Your memorialists therefore respectfully pray your honorable
body, to appropriate the sum of sixty thousand dollars for the spee-
dy erection of a Territorial Prison for Utah Territory; and your
memorialists, as in duty bound, will ever pray.
Approved Jan. 30, 1852.

MEMORIAL TO CONGRESS TO ESTABLISH A SEMI-MONTHLY MAIL
FROM GREAT SALT LAKE CITY TO SAN DIEGO.

To the Honorable, the Senate and House of Representatives of the United

States in Congress Assembled.

The Governor and Legislative Assembly of the Territory of Utah,
respectfully memorialize your honorable body for the following pur-
pose, viz:

Whereas, the locality of Utah Territory is such, as to render it in-
accessible to the mail from Missouri during four months in the year,
previous to the present winter; and also, for a period of six months
in the year, it is inaccessible to the mail from Sacramento and Oregon

220

by way of Fort Hall, which are the only available mail routes from
this Territory to the United States now in use; and,

Whereas, we are thereby excluded from intercourse with the Uni-
ted States and other nations, during a considerable portion of the
year, Which is very prejudicial to the acquisition of timely intelli-
gence from abroad by us as members of a great political compact;
and,

Whereas, natural facilities do exist for establishing a mail route
from Great Salt Lake City to San Diego, or some other eligible po-
sition on the coast of the Pacific near that place; which route can be
traversed without any serious obstacles, during every month in the
year; and ample supplies of the most nutritious grasses are at all sea-
sons available for the sustenance of animals; and,

Whereas, cities and settlements are already formed' on this latter
route at the distance of two hundred and seventy-five miles, and oth-
er settlements are prospectively in preparation to be foimed, still
further in the same line of communication, to Williams' Ranche,
sixty miles north-easterly of San Diego; Therefore,

We, your memorialists, do humbly pray Congress to establish a
semi-monthly mail route from Great Salt Lake City to San Diego, and
make appropriations suitable to effect the same. To this subject the
early attention of Congress is most respectfully solicited; and your
memorialists, as in duty bound, will ever pray.
Approved March 6, 1852.

MEMORIAL TO CONHRFSS FOR AN APPROPRIATION TO PAY THE
CODE COMMISSIONERS.

To the Honorable, the Senate and House of Representatives of the United

States in Congress Assembled.

The Legislative Assembly of the Territory of Utah, beg leave to
memorialize your honorable body for the following purpose, viz:

Whereas, an early publication of a suitable code of laws for the
Territory of Utah is much to be desired; and,

Whereas, the short term of forty days only, allowed for our legis-
lative session, is insufficient to draft, arrange and enact said code by
the slow formalities of legislation; therefore your memorialists have
appointed three commissioners to form and draft the same, subject to
the approval or rejection of the legislature when in session: and

Whereas, the expense of the said commissioners in getting np such
a code of laws for public use, though but a small item of disburse-
ment from the Parent Treasury of a great and opulent nation, is

«21

nevertheless of some magnitude among the multiplied provisions of
an infant Territory, struggling under many burthens, both rare and
peculiar.

Therefore your memorialists respectfully beg Congress to consider
the utility of such a code of laws to this new and nourishing Territo-
ry, and the necessity of timely aid in securing this much desired ob-
ject, by appropriating the sum of four thousand dollars to this pur-
pose.

And your memorialists, as in duty bound, will ever pray.

Approved Jan. 31, 1852.

MEMORIAL TO CONGRESS FOR AN APPROPRIATION FOR THE
CONSTRUCTION OF A TERRITORIAL ROAD.

To the Honorable, the Senate and House of Representatives of the United

States in Congress assembled.

The Governor and Legislative Assembly of the Territory of Utah,
do hereby humbly, and respectfully memorialize Congress upon a
subject of great interest, not only to the inhabitants of the Territo-
ry but to the traveling citizens of the United States, who annually
Tiass through the country in great numbers, on the overland route,
between the States and California. The subject to which we humbly
solicit your attention, relates to a Territorial road.

Your memorialists beg leave to state, that the difficulties attend-
ing the northern routes across the Sierra Nevada to California, are
very great, arising chiefly from the more hostile conduct of the In-
dians, in that direction, and from the mountain snows which effec-,
tually blockade the path of the traveler for several months in the year;
and which expose both men and animals to innumerable hardships,
if not to death itself. To avoid these difficulties and hardships, a
more southern route has been explored, where the climate is more
congenial, and where grass, in luxuriant abundance can be obtained
during the whole year. Many companies have already passed over
this route, which extends through the principal chain of the settle-
ments of this country in a south south-westerly direction.

It is believed by your memorialists, that the location and con-
struction of a Territorial road, beginning at some convenient point
in the northern settlements of the Termor}', and extending in a south-,
erly direction through Fillmore City, the seat of government; thence
to the extreme settlements near the southern boundary of the Ter-

222

ritory, would be of incalculable benefit to tbe country, and greatly
add to the comfort and convenience of emigrants, and other travel-
ers as they pass through the rough and mountainous portion of the
continent.

It is also believed by your memorialists, that the small sum of six-
ty thousand dollars, would be sufficient to locate and construct said
road through the whole length of the Territory from north to south.

Your memorialists, therefore humbly and most respectfully peti-
tion Congress to appropropriate the aforesaid sum, for the purpose
herein specified; and as in duty bound, your memorialists will ever
pray.

Approved March 6, 1852.

MEMORIAL TO CONGRESS FOR CALLING A CONVENTION TO
FORM A STATE GOVERNMENT.

To the Honorable, the Senate and House of Representatives of tlie United
States in Congress assembled.

Your memorialist the Territory of Utah, respectfully represents
that,

Whereas, her location is far removed from any other inhabited
portion of the great American Union, surrounded by extensive, arid,
and trackless deserts, and Heaven-spired mountains, capped with
snows of a thousand winters, intervening between her and the na-
tional capitol, and denying all intercourse therewith, except a few
monihs per annum, together with hordes of native savages on every
hand, that are continually annoying the traveler and the mail; and
any communication .that can be made, is liable to be delayed or des-
troyed by them at any time, insomuch that the officers of the Gen-
eral Government cannot pass to their Territorial posts without jeop-
ardizing their property and lives; and,

Whereas, on account of the non-intercourse before suggested, the
Territory has mostly been without a Supreme Bench, two judicial
Judges and Secretary, since September 1850, and from the same
causes, is likely to continue destitute of national officers for a long
time yet to come, together with the uncertainty of those offices being
supplied when once filled, on account of death, by sickness, casual-
ties, Indian depredations, absence, <kc, and the length of time it
;will take the government to renew the appointments; and.

Whereas, your memorialist in her unparalleled prosperity, has
nearly doubled her permanent inhabitants, since the last census.

223

and will probably treble the whole during the present season; leaving
her little, if any, behind the younger sisters of the Union in point of
numbers at the time of their espousals by the Union;

Therefore, to avoid, or in a great measure, circumscribe the above
difficulties, and to advance the glorious principles of true Republican-
ism, or Government by the people, as the surest and most perma-
nant basis of true liber ly, your memorialist respectfully solicits your
honorable body for the passage of an act authorizing her inhabitants
to form a constitution and State Government preparatory to taking
her place beside her elder sifters in the great Federal Union; and
the early attention of Congress is earnestly solicited to this important
subject, for which your memorialist will ever pray.

Approved Feb. 28, 1852.

MEMORIAL TO CONGRESS FOR AN APPROPRIATION TO DEFRAY
THE EXPENSES OF THE PROVISIONAL GOVERNMENT OF DES-
ERET.

To the Honorable, the Senate and House of Representatives of the United

States in Congress assembled:

The Governor and Legislative Assembly of the Territory of Utah,
beg leave to memorialize jour honorable body, that,

Whereas, the Provisional government for the State of Deseret,
(now Utah Territory,) was formed in the winter of 1849, and con-
tinued at considerable expense, up to the organization of the Terri-
torial government, on the arrival of the officers appointed by Con-
gress to this Territory; and,

Whereas, no appropriation by Congress has been made to meet the
expense of the provisional government previous to December 1850;
and,

Whereas, the necessity of such a provisional government at this
early period of the settlement of this Great Basin, was manifest and
indisputably urgent, both on account of the rapid settlement of these
mountain valleys, and of the visitation of a numerous and promis-
cuous crowd of strangers passing to the gold mines, and returning
by way of Salt Lake; and also on account of our exposure to Indian
depredations in the very dawn of our earliest settlement, and of the
great difficulty of rendering the soil of these valleys productive,
owing to the fact, that the climate is exceedingly dry, and the in-
sects very destructive, causing the first year's efiorts at rendering
it fruitful for the suppert of the infant colony prominently unavail-

224

iug, the colony being obliged to sustain themselves considerably up-
on indigenous roots, and upon raw hides, and emaciated animals,
and other precarious means, absolutely revoking to civilized man;
and,

Whereas, the settlement of these valleys by a numerous popula-
tion of industrious, peaceable and patriotic citizens at a central po-
sition oi the north American continent is believed to be, in an
humble sphere, conducive to the strength prosperity and durability
of the national confederacy;

Therefore, your memorialists pray Congress to appropriate a suf-
ficient sum to meet the expenses of the Provisional and Territorial
government from 1C49, to September lo51, amounting to the sum
of twenty thousand, .seven hundred and thirty-live dollars and thirty-
five cents as seen by accompanying bills; and your memorialists, as
in duty bound will ever pray.

Approved, March 3, lC5i. \

MEMORIAL TO CONGRESS TO LOCATE A TURNPIKE ROAD FROM
THE MOUTH OF THK NEBRASKA TO SACRAMENTO CITY AND
TO APPROPRIATE $500,000 FOR ITS CONSTRUCTION.

To the Honorable, the Senate and House of JRepreserdatives of the United
'■es in As Sled:

Your memorialists the Governor and Legislative Assembly of the
Territory of Utah, respectfully pray your honorable body to pro-
vide for locating, grading and macadamizing a national turnpike
road from the mouth of Nebraska river, via South Pass, Great Salt,
Lake City, to Sacramento City, California; and for the permanent
bridging of . \ ns of the same. Your mej ts, having

been eyewitnesses of the sufferings encountered by the overland emi-
gration to, and from the gold mines, as well as to Oregon and this
Territory; and being fully satisfied that the subject, is worthy of the
immediate attention o( the general government, as the great difficul-
ty, an I immense losses sustained by travelers and emigrants, render
it highly important, that the streams should be bridged, and roads
workei over the mountains and marshes. Therefore your memor-
ialists respectfully pray that some of the corps of Topographical en-
gineers may be employed to locate said road on the best ground;
and that an appropriation of five hundred thousand dollars may be
made to defray the expenses of constructing said road. The favor-
able consideration of this important subject, by Congress, at an early

225

day, is respectfully requested; and your memorialists, as in duty
bound will ever pray.

Approved March 3, 1852.

MEMORIAL TO CONGRESS FOR THE CONSTRUCTION OF A GREAT
NATIONAL CENTRAL RAIL ROAD TO THE PACIFIC COAST.

To the Honorable, the Senate and House of Representatives of the United
States in Congress assscmbled:

Your memorialists the Gorernor and Legislative Assembly of the
Territory of Utah, respectfully pray your honorable body to provide
for the establishment of a national central rail- road from some eligi-
ble point on the Mississippi or Missouri rivers, to San Diego, (San
Francisco, Sacramento or Astoria, or such other point on or near
the Pacific coast, as the wisdom of your honorable body may dic-
tate.

Your memorialists respectfully state, that the immense emigration
to, and from the Pacific, requires the immediate attention, guardian
care, and fostering assistance of the greatest and most liberal gor-
ernment on the earth. Your memorialists are of opinion that not
less than five thousand American citizens have perished on the dif-
ferent routes within the last three' years, for the want of proper
means of transportation; that an eligible route can be obtained
your memorialists have no doubt, being extensively acquainted with
the country. We know that no obstruction exists between this point
and San Diego; and that iron, coal, timber, stone, and other mater-
ials exist in various places on the route; and that the settlements of
this Territory are so situated, as to amply supply the builders of
said road with materials and provisions for a considerable portion el'
the route, aui to carry on an extensive trade after the road is com-
pleted.

Your memorialists are of opinion that the mineral resource* of
California, and these mountains, can never be fully developed to the
benefit of the people of the United States, without the construction
of such a road; and upon its completion, the entire trade of China
and the ei:t lhdias will pajfi, thrush the Li-art of the Union; there-
by giving our citizens the ■post entire control of the Asiatic and Pa-
cific trade; pouring into the lap of the American States, the millions
that are now diverted through other commercial channels: and last,
though not least, the road herein proposed, would be a perpetual
chain, or iron band which would effectually hold together our glori-

226

ous Union with an imperishable identity of mutual interest; there-
by consolidating our relations with foreign powers in times of peace
and our defence from foreign invasion by the speedy transmission of
troops and supplies, in times of war.

The earnest attention of Congress to this important subject is so-
licited by your memorialists, who, in duty bound, will ever pray.

Approved March 3, 1852.

MEMORIAL TO -CONGRESS FOR THE ESTABLISHMENT OF A
WEEKLY MAIL ROUTE FROM THE MISSOURI RIVER TO GREAT
SALT LAKE CITY.

To the Honorable, the Senate and House of Rqwcsentatives of the United

States in Congress Assembled:

Your memorialists, the Governor and Legislative Assembly of the
Territory of Utah, respectfully pray for the establishment of a week-
ly mail route from the Missouri river to this place; as by the
present arrangement of monthly mails we often fail getting them
once in even two months, during the winter season, which you will
perceive, subjects us to serious inconveniences, and mnny disadvan-
tages, when compared with the more favored population of the
.State's, where they enjoy all the facilities of communication, afforded
by the power of steam, and the lightning rapidity of the telegraph.

The early attention of Congress to this our memorial is earnestly
desired, as a great favor and benefit to the overland emigration to
California, and to the inhabitants of Oregon and Utah Territories;
and as in duty bound, your memorialists will ever pray.

Approved March 3, 1852.

MEMORIAL TO CONGRESS FOR AN ELECTRIC TELEGRAPH FROM
THE MISSISSIPPI TO CALIFORNIA.

'To the Honorable the Senate and House of llepreserdatives of the United
States in Congress assembled:

Your memorialists the Governor and Legislative Assembly of the
Territory of Utah, respectfully beg leave to suggest, that,

Whereas the inhabitants of this Territory are situated in the Great

527

liasin of North America, occupying an intermediate position between
California and the States on the Mississippi; and being shut out by
their isolated position from a ready intercourse, -with their mother
States; the roads passing over arid plains, rough and desert moun-
tains taking a term of thirty days in the best seasons of the year for
the mails to pass through from the confines of civilization to this
Territory; and considering the obstructions arising from storms,
floods, and the depredations of hostile Indians, all combining to
vender our means of intercourse extremely limited and precarious,
therefore your memorialists respectfully pray your honorable body
to provide for the construction of a Telegraph from some con\enient
point on the Mississippi or Missouri, via Great Salt Lake City, to
San. Diego, San Francisco, Astoria, or such other eligible port on
the Pacific coast as your wisdom may direct. And your memorial-
ists respectfully beg leave to state their sincere conviction, that no
movement of Congress could be better calculated to preserve inviol-
able our glorious Union, than to bind the east and west by an ''elec-
tric'7 stream, whereby intelligence and instantaneous intercourse,
from the eastern to the western limits of our wide spread country
annihilate the distance, and make the freemen of Maine and Oregon,
Florida and California immediate neighbors.

The favorable consideration of this important subject at an early
period by Congress, is respectfully solicited; and your memorialists,
as in duty bound, will ever pray.

Approved March 3, 1852.

MEMORIAL TO CONGRESS FOR A GEODETIC SURVEY IN UTAH
TERRITORY.

To the Honorable the Senate and House of Representatives of the United

States in Congress assembled:

The Governor and Legislative Assembly of the Territory of Utah,
respectfully petition your honorable body, to detach one or more of
the corps of Topographical engineers to make a triangulation, or
geodetic survey, to commence at the southern termination of a
like survey made by Howard Stansbury, Captain of Toporgaph-
ical engineers, in 1849 and '50; and to be extended to the southern
extremity of the Sevier, or Nicolet lake; and as much further south
as you" judgment may demand; and we respectfully suggest, that
with the exception of the officers above named, and the necessary
instruments, and a Botanist, Mineralogist, and Geologist, the re-

223

maining portion of the surveying parties can be made up from the
inhabitants of this Territory, and all supplies furnished at a reason-*
able rate.

The early attention of your honorable body is earnestly solicited
to the above subject; and the granting of our desires in tiis matter
would obviously greatly benefit your memorialists, and the people of
the United States at large, and add greatly to the amount of our
scientific information, and place a bright gem in our already noble
monument of geographical and scientific research, which will aid u«
to keep our present position in the front rank of research, so honor-
able among the nations of the earth.

Approved March 3, 1852.

MEMORIAL TO CONGRESS FOR THE EXTENSION OF THE
LEGISLATIVE SESSION TO NINETY DAYS.

To the Honorable, the Senate and House of Representatives of the United

States in Congress assembled.

Your memorialists the Governor and Legislative Assembly of the
Territory of Utah, beg liave to represent to your honorable body,
that in consequence of the rapid increase of the population and ex-
tension of the settlements of this Territory; and the consequent in-
crease of the Legislative business, that the term of forty day« ses-
sion, provided for in the "Organic Act," organizing the Territory,
is insufficient time to transact the Legislative business. Your mem-
orialists, therefore, respectfully ask an extension of the time of the
regular sessions to ninety days, instead of the forty now provided
for.

The early attention of your honorable body to the favorable con-
sideration of this important subject, is most respectfully solicited;
and your memorialists, as in duty bound, will ever pray.

Approved March 3, 1852.

229

MEMORIAL* TO CONGRESS FOR AN APPROPRIATION TO
PAY EXPENSES OF INDIAN EXPEDITIONS.

To the Honorable, the Senate and' House of Hepresentalives of the United

Slates in Congress assembled:

Your memorialists, the/xovernor and Legislative Assembly of the
Territory of Utah, beg leave to represent 10 your honorable body,
that since the settlement of the valley of the Great Salt Lake, by
your memorialists frequent Indian depredations have been made by
the various tribes inhabiting the mountains; and,

Whereas, it was found, necessary to repel such depredations, by
regularly military organized bodies of citizens at considerable -ex-,
pense and labor, sometimes in the depths of winter, and sometimes
in midsummer, at a time fldien our crops should be gathered by the
husbandman, (which in mrmy instances were lost by neglect;) and.
• . Whet cos, the Adjutant General of this Territory, has made a full
and formal report of the same, together with the' necessary expen-
ditures incurred by this infant colony, to the war department at
Washington city.

Therefore, your memorialists respectfully pray your honorable
body, to refer to the said report, and to appropriate the amount there
specified, for the payment of those who were engaged in such ex-
peditions, and of such military stores as were 'necessarily used in
those expeditions; and your memorialists, as in duty bound, will ever
pray.

Approved March 3, 1852.

MEMORIAL TO CONGRESS FOR AN APPROPRIATION FOR
SUPPORT OF SCHOOLS.

To the Hoiforable, the Senate and House of Rejiresentativcs of the United
States in Congress asssembled:

Your memorialists, the Governor and Legislative Assembly of the
Territory of Utah, feeling a deep interest in the promotion of a
general system of education, and the general diffusion of knowl-
edge among all classes; and laboring under the difficulties incident
to the settlement of all new territories, and especially those so far
removed from the eonfines of civilization; and feeling grateful to the
General Government for the valuable Library furnished our Terri-
tory, as also for the appropriations of two sections of land in each
15

230

township, when the same shall have been surveyed and brought
mto market, (which lands will eventually, in some cases, prove ben-
eficial in promoting the object for which they were granted; but, at
present, they are wholly unavailable, and must remain so for a con-
siderable length of time, as your honorable body must readily per-
ceive, owino- to the fact that the Indian title has, in no instance, been
extinguished in any part of said Territory, nor any surveys, as yet
authorized by the General Government;) and having no resources
on which to base the establishment of a school fund, respectfully pray
your honorable body to grant that the sum of twenty- four thousand
dollars, appropriated for the "compensation and mileage of members
of the Legislative Assembly, officers, clerks', and contingent expen-
ses" of the Territory of Utah, for the fiscal year ending the thirtieth
of June, one thousand eight hundred and fifty-one (Statutes at large,
for 1851, page 570) or so much thereof as shall not be expended for
the purpose for which it was appropriated, togethej with such addi-
tional sum as your wisdom and liberality may see proper to bestow,
be appropriated, to be invested by your memorialists in some pro-
ductive fund, the proceeds of which shall be forever applied by the
Legislature of said Territory, to the use and support ot schools.

The early attention of your honorable body is respectfully solici-
ted to the favorable consideration of this deeply interesting subject,
fraught as it is, with consequences of so much importance to the
youth of this new and flourishing Territory; and your memorialists,
as in duty bound, will ever pray.
Approved March 3, 1852.

MEMORIAL TO CONGRESS FOR AN APPROPRIATION TO
PAY THE EXPENSES OF THE SPECIAL SESSION OF
THE LEGISLATIVE ASSEMBLY.

To the Honorable, the Senate and House of Representatives of the Untied

States in Congress assembled.

Your memorialists, the Governor and Legislative Assembly of the
Territory of Utah, beg leave to submit the following memorial to
your honcraVie body:

Whereas, the accumulation of business has rendered an extra ses-
sion of the Legislative Assembly very necessary to the peace, good
order, and prosperity of the people of Utah Territory, and the pro-
tection of the rights of traveling multitudes passing and repassing
through this Territory; and,

231

Whereas, the term of forty days session has proved to be entirely
too short for its accomplishment; and, »

Whereas, a session of fourteen days has been held according to
the call of the Governor, Creating an expense onerous to an infant
Territory; and.

Whereas the service of an Adjutant General has also been indis-
pensably necessary, during frequent Indian hostilities, which have
occurred, with short intervals, from the earliest settlement of this
Territory, augmenting the expense of our citizens:

Therefore your memorialists do most respectfully pray your hon
arable body to appropriate the sum of five .thousand dollars, to de-
fray the foregoing expense, and your memorialists, as in duty bound,
will ever pray.

Approved March 6, 1852.

MEMORIAL TO CONGRESS FOR AN AGT AUTHORIZING
TREATIES WITH INDIANS.

To the IIonor%J>le, the Senate and House of Representatives cf the United

States in Congress Assembled:

Your memorialists, the Governor and Legislative Assembly of the
Territory of Utah, respectfully pray your honorable body for the
passage of an act to authorize the" superintendent of Indian affairs
of this Territory, to make treaties with, and purchase the lands of
the Shoshone or Snake, Utah, Parvante, San Pitch, Piedos, Cumem-
bahs or Snake Diggers, Uinta and Yampah Utes, and such other In -
dian tribe or tribes or bands, or any portion thereof, that may be ne-
cessary for <he advancement of the settlements of this Territory; and
that a sufficient sum be appropriated to defray the expenses of
all treaties so held, and to make the first payment on the pur-
chases so made, and foif the establishing of schools, the erection
of mills, furnishing implements of husbandry, and suitable in-
structors for the Indians. The favorable attention of your honora-
ble body to this highly important subject, at as early a period as prac-
ticable, is respectfully solicited; and your memorialists, as in duty
bound, will ever pray.

Approved March 6, 1852.

232

MEMORIAL TO CONGRESS FOR THE DONATION OF PUB
LIC LANDS TO SETTLERS, AND FOR EDUCATIONAL

PURPOSES. «

To ific Honorable, the Senate and House of "Representatives of the United

States in Congress Assembled:

Your memorialists the Governor and Legislative Assembly of the
Territory of Utah, respectfully pray your honorable body to provide
for the survey of the public lands; and also to extend to this Terri
tory and its inhabitants, the same privileges and donations of land
to settlers, and for educational purposes, as were extended to the
people and Territory of Oregon, by the provisions of an act entitled
"An Act to create the office of sun eyor General of the Public Lands
in Oregon, and to provide for the survey, and to make donations to
settlers on the said lands," approved Sept. 27, 1850, thereby grant-
ing to the hardy pioneer the simple boon of a home, free of charge, as
a partial reward for the exposure to the hardships, dangers, difficul-
ties, privations and sufferings which are encountered by the early set-
tlers in such distant wilds and unsubdued Territories.

The early attention and favorable consideration of your honora
ble body to this highly important sublet are earnestly and respect
fully solicited; and your memorialists, as in duty bound, will ever
pray.

Approved March 6, 1862. t

MEMORIAL TO CONGRESS ON THE SUBJECT OF THE SURVEY OF
THE SOUTHERN BOUNDARY OF THE TERRITORY OF UTAH.

To the Honorable, the Senate and House of Representatives of the United
States in Congress assembled. *

Your memorialists, the Gewernor and Legislative Assembly of the
Territory of Utah, respectfully pray your honorable body for the ap-
pointment of a commission to survey and mark the southern bound
ary line qf this Territory, and make an appropriation sufficient to
cover the expense of the same. Your memorialists are of opinion
that the immediate survey of this boundary line is highly important,
as new settlements are constantly forming in that direction; and un
less the line can be authentically determined, difficulties respecting
jurisdiction will be liable to arise.

The attention of' your honorable fcody to this subject is respect

233

;'ully solicited; and your memorialists, as in duty bound, will ever
pray. : •

Approved March 6, 1852.

MEMORIAL TO CONGRESS FOR THE ESTABLISHMENT OF A DIS-
TRIBUTING POST OFFICE.

To the Honorahle the Senate and House of Representatives of the United

States in Congress assembled:

Your memorialists, the Governor and Legislative Assembly of the
Territory of Utah, bey leave to show unto your honorable body,
that,

Whereas, there are a number of post routes diverging from this
city; and.

Whereas, the post master of this city has to perform in realiiy
many of the duties of a distributing post office; and,

Whereas, in consequence of the California prices which have, and
do prevail here, the post master of this city has been under, the ne-
cessity of involving himself under heavy liabilities for rent and
clprk hire; and,

Whereas, many of the post offices established in this Territory,
are rendered valueless by want of mail routes; and,

Whereas, the services of a mail agent, are highly important to this
Territory;

Therefore your memorialists respectfully pray your honorable
body for an appropropriation of five thousand dollars for the relief
of the post master of this city; and that a distributing post office be
established by law in this Territory; that suitable appropriations be
made to defray the expenses thereof; and that a mail agent be ap-
pointed and authorized to let contracts on the several routes m this
Territory.

Your memorialists feel confident that the above named measures
carried out, would greatly tend to facilitate the intercourse among
the inhabitants of this Territory.

The favorable consideration of your honorable body upon this-
important subject, is respectfully desired; and your memorialists, as
in duty bound, will ever pray.

Approved March 6, 1852.

234

MEMORIAL TO THE POST MASTER GENERAL OF THE UNITED
STATES.

Your memorialists, the Governor and Legislative Assembly of the
Territory ot Utah, beg leave to suggest to your Honor, that post
offices are established, and being multiplied throughout our Ter-
ritory, making Great Salt Lake City post office, central to the various
post routes; and,

Whereas, the post master of this city of necessity performs most
of the duties imposed on a distributing post office; and,

Whereas, many offices established in- this Territory are rendered
useless for lack of mail routes; and,

Whereas, it is highly important that a mail agent should be ap
pointed for this Territory.

Your memorialists, would therefore pray your Honor to appoint
a mail agent for this Territory, who shall be authorized to let con-
tracts on the several routes in this Territory; and that you appoint
Great Salt Lake City post office a distributing post office.

Approved March 6, 1852.

INDEX.

Page
Abduction of unmarried females - - 120
Accessory to larceny ... 227
before and after the fact - - 142
Actions before Justices of the Peace - 51
Acts, records, &c, of each state, entitled to faith and credit in oth-
er states - - - 19
Adjutant General, rank and department of - - 144
duty of - - 145, 146, 156, 158
bonds of - - - 159
Administrations of estates of non-residents . - 68
to whom granted .... gg
expenses of. - - 70
Adultery .... 122
Affray - - - - 139
Aldermen of Cedar City - - . - 177,181,182
•Lehi City - - - 185, 189, 190
Fillmore City - - - 193, 197, 198
Nephi City - - - 201, 202, 203
Amendments to the constitution, how made, - 20
court may allow ... 49
of city charters - 175
American creek, waters of ... 17j
Appeals from Supreme and district courts - - 31, 32
probate courts ... 43? 44
justice of the peace - - 48,50
courts martial ... 153
mayor, aldermen and municipal court 182, 190, 198, 203
Appointments by the president - - 17 ,33
governor - 30, 42, 96, 107, 173, 206, 208
Apportionment of Representatives to Congress - 9
Utah Territory - - 29, 109
Appraisers, how appointed - 69
Apprentice, rights and duties of • - 76
may be discharged from master - 76
Indian, be clothed and schooled - 94
Appropriations by law - 14
for the army and navy - 13

236

Appropriation annually, for territorial expenses - 34

to defray legislative expenses - 34

by congress, for Utah library - 35

public buildings - 34

bill ... 100

for cottonwood canal - - 169

woollen factory - - 172

chicken creek bridge - - 172

home manufactures - - 205

to purchase state house - - 210

pay expenses to locate seat of government 211

for assessor and collector; and auditor - 212

state road - - - 214

surveyor general - - 215

Arbitrators, how appointed, power and duty of - 47

justices of the peace may act as - 50

Armies, congress to raise and support - 13

Arms, right of the people to keep and bear - - 24

Arrest exempt from civil - 152

officers of militia may ... 152

Arson and other burning - 124, 125

Arts and sciences to be promoted - 13

Assault with intent to commit felony &c, - - 121

persons convicted of - - - 122

Assemble, people may ... 24

Assembly, lawful and religious 7 88

of Indians ... 94

Assessor and collector, term of office, oath, bond of - 110

duty of - - - 110, 111

may enforce payment of taxes - * 111

compensation of - - 111#212

Assets, \vhat property shall not be - - 69

Attachments, property exempt from - . - 42

when ma}" issue - 62

against absent debtor - 63

serve as garnishee - 63

bail and damages on 63

Attainder, bill of, prohibited to congress - - 14

the states - 15

of treason, not work corruption of blood - 19

Atiorney, U. S. district, salary, term of office - 32

how appointed - - 33

general, election, term of office, oath, bond - 57

may be removed, his duty - 57

district. (See district attorney.)

Attorney, prosecuting. (See prosecuting attorney.)

shall gi\c information to the other party - _ 54

duty of courts in relation to - 55

cannot collect pay for services - 55

courts may fine and disbar - 55

shall present all facts in the case - 56

237

Auditor of public accounts, how elected, term of office - US

bond, oath, duty of - 114

comp msation for 0 - 212

Auxiliary office of marks and brands - 84

clerk of. (See clerk of county court.)

Bail, excessive, not to be required - - 2o

Ball and chain, court may require prisoner to wear - 142

Bankruptcy, uniform laws of - - - 13

Barratry, or stirring up lawsuits - - 13b

Battalion, separate, how composed and officered - 147

Battery, persons convicted of - - - j-^

Big kanyon creek road - - - 1'^

Bills for raising revenue - 1^

how passed and approved - - - 1-j1

of exceptions and appeals - - - j>l

Board of examination, how appointed, duty of - 97

Books, obscene, &c, - 1-3

Borrow money, congress may - - • *»

Boundary of 'Utah territory - 2/

lands, altering the - - 137

Bounty on wolf and fox pates' - 112

Brands. (See marks and brands.)

Bribery or attempt to bribe - - * - 133

persons revive bribe - - « 133, 134

Bridges and ditches - 143

across Weber and Ogden rivers - - 1G4

Malad - 168

' Chicken creek - - - 172

Brigade, how officered and composed - - 140, 147

Brigadier general may organize band - - 157, 158

Brown James, right granted to, of taking toll, &c, - 164

Burglary, with intent to commit felony - - 125, 126

Burninij; houses, &c, - 124 to 12o

Canal cottonwood - *®9

Capias, when may issue, and on whom served - 6o

Capitation, or other direct tax - - - 14

Cedar City incorporated - - • - ITS

Census to be taken every ten years - 9

of Utah to be taken - - - 29

Chancellor &c, of university appoint superintendent of schools 207

Chicken creek bridge - - - 1'-

Chief of music, duty of - - 15°

each staff department, command and duty of - 145

Child stealing - l|j>

exposing of - - - 1^1

Citizens of each state, entitled to the privileges of citizens in the

several states - - **

City charters amended - - - *7S>

council of Cedar city - Jg

powers and duty of - 178 to 181 18o

238

City council of Cedar city, ordinances of, how proven - 181

sessions of - 182

City council of Le li c^ty ... 184

powers and duty of - 186 io 189, 191

ordinances of, how proven - 189

sessions of - - 190

Fillmore city - - - 192

powers and duty of - 194 to 197, 199

ordinances of, how proven - 197

sessions of - - 198

Nephi city - - - 200 .

powers and duty of - 201, 202

sessions of - - 203

councilors of Cedar city ... 177

Lehi city - 185

Fillmore city - - 193

Nephi city. " - - - 200

assessor and collector of Cedar city - - 178

. Lehi city - - 186

Fihniore city - - 194

Marshal of Cedar city - - - 178, 182

Lohi city - - - 186, 190

Fillmore city - - - 194, 198
recorder of Cedar cfcy ... 177,178,182

Lehi city - » - 185, 186, 190

* Fillmore city - - - 193, 194, 198

Nephi city - - - ,201, 203

supervisors of Cedar city - 178, 183

Lehi city - - -' 186, 191

Fillmore'city - ' - 194, 199

treasurer of Cedar citv ... 178

Lehi city - - - 186

Fillmore city - - 194

Civil and military communications free of postage - 212

Claims, no prejudice to certain - 20

Clerks of supreme and district courts, how appointed - 31

fees of - 33

district court, duty of - - - 38, 39

shall enter memorandum - 40

report to secretarv - 44

probate, shall file transcript in case of appeals 44

duty of - - 44,68,69

as to arbitration - - 47

how appointed - - 44

shall report to secretary - 44

be clerk of county court - 45

* county court, office and duty of - - 45

duty as to marks and brands - 85

fees for recording marks and brands

duty of, as to notaries public - 90, 91

arbitrations - 47

239

Clerks of county court, duty of as to elections 105, 106, 108, 10S
fees for making ret urns of elections 103
shall report expenses of elections to legis-
lature -■ - 109
Cleiks of election, appointment and oath of - - 105
duty of - - - 10G, 109
failing in his duty - - 107
fees for ... 108
school districts, appointment and duty - 07
municipal court. (See city recorder.)
Coal creek and kanyon - . - - 211
Code commissioners, term of office, appointment, vacancy, &c. 173
power and duty of - - 173, 174
Coin, congress fix value of foreign - - 13
Colonels of regiments ... 147
Collectors. (See assessors.)

Color bearer general, rank and department of - 145

Commander-in-chief of the army and navy - 17

militia - 28
Commanders. (See military districts.)

Commerce, congress to regulate .- - 13

Commissary general, rank and department of - 144

bond of - - - 159
Commissioner. (See territorial road commissioner.)

Commissioners to locate seat of government, expenses of 211

Commissions, to be granted by the president - 17

governor - 28
Common law, suits at 25
and chancery jurisdiction - - 31, ,38, 43
thief - ._ - - - 127, 12S
Commonwealth, servants forfeited to - 81, 82
Company musters - 149
duty of commanders of 150, 152
officers, duty of - - - , 150
Congress, all legislative power vested in - - 9
shall assemble once every year - 11
officers of government cannot be^iembers of 12
provide for c.ises of vacancy &c, of president and vice-
president ... 16
may determine the time of choosing electors - 16
invest the appointment of inferior officers in the pre-
sident, courts, and heads of departments, 17
establish inferior courts • - - 18
declare the punishment of treason - 19
prescribe the manner of proving the acts and records

of each state - 19

assent to the formation of new states - 20
propose amendments to the constitution, and call a

convention - - 20
general powers of , - - 12, 13, 14

may disapprove the laws of Utah - 30

47,

240

Congress, delegate to, fr0m Utah
Conservators oi' the peace
Constables, how elected - 1

duty of . *

as to military fines
Shall pay all fines collected into county tre
justice may depute any person to act as
_ persons required to assist
Constitution, how amended

laws and treaties, supreme law
when ratified by nine states
and laws extended over Utah -
attd organic act distributed
Constructions and definitions
Contempts, courts may lino for

judges of election may fine for -
Cohtested elections
Contingent expenses
Contracts, no law impairing
Conventions fo ■ amending the constitution -
Conveyance of estates of decedants
lands

for school taxes
Conviction, second, for larceny -
Coronor, justice may act as -
duty of
inquest by

Costs may be a, .portioned between the parties !

Cotton*vooil canal - l

Council house, purchase of - •"

Councilors, legislative, to consist of thirteen i

_ <3,lv- (>ee city councilors.)

Counterfeit ing - ' D

n , • congress to provide punishment for

County and road tax
boolc

court, bow created * -
clerk, seal record of
duty, business, and sessions of

as to schools - * _

may choose arbitrators and referees
fill vacancy of assessor -
appoint judge? of elections
assess county and road tax
settle with and prosecute supervisors
appoint county treasurer
district, and township officers
recorder, duty of, in transfer of lands
fees for such transfers
when shall not record transfers
surveyor, office of, created

isury

127

34
181, 189, 197, 202
48
49
153
50
51
136
20
21
21
36
213
141, 142
41
106
107
34
15
20
70,72
66
98
128
51
51
52
40
169
210
29

128 to 132

111

45, 46

40, 97

110

104

111

113

115

66,95

241

County surveyor, election, term of office, bond, oath, 96

when resurvey certain lands, 95

treasury, orders on 45

treasurer, el 'ction, term of office, oath, bond, 115

duty of US

Courts, by consent of, and the parties, another person may act as

judge 40

county. (See county court.)
district, (bee district court.)
inferior to supreme court of U. S., may be ordained by

congress 13,18

justice. (See justice of the peace.)

martial; lor trying; delinquents on parade 150

who may call 156

for trial of capital e;ises 157

municipal. (See municipal court.)
probate. (See probate court.)
supreme. (See supreme court.)

Creditors of decedents 09

fail to give notice to executors 70

dividend among 71

Crimes, persons accused of fleeing from justice ID

trial of all, shall be by jury 19

committed in another county 164

Criminal prosecutions, proceedings in case of 19,25

Cruelty to animals 123

Damages, action of 75

Davis county, apportionment of 109

county seat of ' 161

boundary of 102

Debtors, executors may compound with 70

Debts against the confederation to be valid 20

Decedents, property of, may be sold at public or private sale 70

on credit 70

funeral expenses of 70

creditors of 70,71

distribution of estates of 71, 72

Deeds, form of 66,95

acknowledgment of 66, 91

Definitions and constructions 141,142

Delegate to congress, election of 34

Delinquent at musters 149,150

taxes of Iron county 211

laid out on state road ..'. 214

Demurer, when grounds for 39

Department, heads of 144

duty of 146

how appointed , , 145

of adjutant general 144

commissary general ...... 144

242

Department of quartermaster general 144

pay-master general 145

hospital, color, and music 145

chief of each staff 145

Deputy marshals, how appointed and duty -56

Deseret, laws of, legalized 205

to classify 215

Desert county boundary, attached to Weber county 102

Destroying goods and other property 137

Distiiot attorney, term of oilice, election, bond, oath, duty 57

may be removed 57

courts sessions 37

special sessions 38

jurisdiction of 31,32,38-

clerks of (See clerks of district courts.)

judges of, shall report to the legislature 39

may appoint a reporter 39

county and township oliicers appointed 30

Districts. (See judicial districts.)
(See military districts.)

Disintering the dead 123

Ditches and bridges 143

Dividend of estates of decedents 71

Division fences, and joint enclosures 73, 74

Divisions, how officered and composed 147

Divorce, when decreed, children and property, how disposed of 79

probate court grant bills of 82

petitions and cause for 83

decree of 83,84

rights of defendant 83, 84

Drugs or medicines; selling adulterated 137

Drunkenness 89

Duels, or aiders and abetters in 118

Duties, laid by congress to be uniform 14

on export* prohibited 14

cannot be laid by the states 15

Ejectment, writs of, when may issue 65

justices of the peace may try cases of 66

Elections of senators and representatives to congress 11

qualifications and returns of members of congress 11

for councilors and representatives for Utah 29,109

■when held 104*

judges of, appointment 104

certificates of 106,107

when contested t • 107

fees of 108

of probate judges 174

Electoral districts 104

Electori of president and vice president 15,26

may appoint judges of elections 104

243

Embezzlement 107

Emigrating fund 07

Empy William, and others, erect ferry across Bear river . .... 167

_ . bridge aci oss Malafi 168

Enumeration every ten years o,

of the inhabitants of Utah 29

Error, writs of, and appeals *,'" 31 39

Escape of prisoners .."... 135

Estrays. (Sec marks and brands.)

Exceptions^ bills of, and appeals 31 32

Excusable homicide .".' V41

Executive power of the U. States * ...... ......... 15

several states 10

Utah 28

officers of courts, duty of 55

appointment of certain officers .' ...... 107

Execution, property exempt from ' ['] 41

stay of, and security for ...... 54

property exempt shall be for use of wife, &c, ...... 69

of criminals i±o ]43

for collection of muster fines 153

Executors, powers and duty of „" gg t0 70

of estates of non-residents 68

special ' "[" V.". 69

of notaries public 90

Exempt from attachment and execution ....' * 40

^f ."■;;;;;; n5

civil arrest * 152

military duty ' 159

Exports not to be taxed „ ...... 14

and imports, states prohibited laving duties on ' 15

Ex post faato law shall not be passed .." ', 14

prohibited to the states 15

Falso imprisonment ...... , 120

personation ...... ' " 127

returns &c, 13g

Farmington, county seat of Davis county "".. 161

Fees of clerk of supreme and district courts ."..." 32

county recorder • ""' gg

JU17 • ..".'..'".' .'.'.'.'.'.' 51

recorder of marks and brands 87

elections 108

Felony defined [""" "** 141

Fences, division, and joint enclosures " 73-, 74

Ferry across Green river Igg

Bear river „ Ig7

Fillmore city, seat of government at 162

Fines shall not be excessive 25

be paid into the county treasury 50

for commencing vexatious law suits ,,. 52

244

Fines for delinquents at musters 149,150

imposed by courts martial 152

collection of 153

Forgery and counterfeiting 128 to 132

Foreman of grand jury may administer oath 97

Found, property, when 127

Fox and wolf pates 112

Fugitives from justice to lie delivered up 19

labor may be reclaimed 19

Fullmer David, and others erect a ferry across Bear river 167

bridge across Malad 168

Fund, emigrating 87

Gaming houses &c, 124

for money or other thing ' 124

General odicers, duty of, on parade days 149

Government, seat of, located 162

pro tempore 210

Governor, term of office, executive power vested in 28

I shall be commander-in-chief of the militia 28

superintendent of Indian affairs 28

duty of 28,30

how appointed 33

shall appoint time of the meeting of legislature 29

• may appoint. (S.ee appointments by the.)

committee to locate seat of government 206

librarian, 208

Grand and petit jurors how elected 46

juries, foreman of, may administer oath 97

witness refusing to testify before 97

jury, indictment or presentment of 25

Great Salt Lake county, apportionment of 109

boundaries of 163

islands attached to 163

Greenfiver county attached to 163

city charter amended 175

Green river county, boundaries of 162

attached to G. S. Lake county 163

ferruacross 166

Guardians, rights, liabilities, duty of 76

dismissal, breach of bonds of 80

must account to probate court 80

deliver up effects of minor to successor 80

compensation of 80

Guards, fees for transmitting abstract of election 10!<

Habeas corpus, writs of, when suspended 14

appeals and errors on 3:i

by whom granted .! 32, 58

petition for 58

when shall be awarded- ' 58

245

190,

Habeas corpus, writs of, application for, to nearest judge or court
may be served in any part of the territory
when may be refused .
form of, and who may serve .
not dissolved for want of form
defendant must appear with prisoner .
case of wilful failure to comply
any judge refuse the writ of
trial of . ....

disobedience to order of discharge on
persons admitted to bail on :* * '

municipal courts may grant _ . 182,

Harris Hon. B. D., duty of marshal in relation to
Highways, teams meeting on the public

water courses across the
Homestead, occupied by the wife or family
Home manufactures

appropriation for
articles taken for taxes
Homicide, justifiable
excusable
Hospital department

House of representatives of congress. (See representatives

Utah
illfame . . •

entice females to
gaming &c, . • •

Husband may inheiit the estate of deceased wife
Hydrometer," Sykos'

[die, vicious and vagrant children
HI fame, house of, persons keeping

enticing females to
Illegitimate children may inherit
Impeachment, power of . • ■ .

all civil officers of the U. S. subject
Importation of persons not prohibited till 1808_
Indenture, must be in writing, and signed by minor
dissolution of

when made out of the territory
of Indian children &c,
copy of, filed with clerk of probate's
Indians, assembly of

prisoners . . ^ '

affairs, superintendent of
Indictment, persons held to answer on
for murder
seduction
Inquest of coroners
Inspection of arms
Inspector general

office

58
58
58
59
60
60
60
61
61
61
62
198, 203
204

143
67, 71

205
205
206
140, 141
141

246

Inspector of spirituous liquors
Iron county, apportionment of

boundary of

Washington county attached to

delinquent taxes of

Jailor or other officer suffer prisoner to escape
Joint enclosures and division fences

persons owning farm in
lands surveyed for
Journals and laws, distribution of
Juab county, apportionment of

boundary ot
Judicial power of U. S., how vested

jurisdiction of .

restrictions of, as to suits against a state
proceedings, each state entitled to faith and credit
power of Utah, how vested

jurisdiction of . ... 31

proceedings must be public
districts, governor may define .
boundary of
Judgment, when set aside
on agreed cases
stay of execution on
Judge of probate. (See probate judge.)

may grant writs of habeas corpus
and select men compose county court
supremo court of U. S. hold their office during good be
havior .

compensation of
Utah, term of office .
how appointed
compensation of
may allow habeas corpus
districts. (See district courts.)

court shall report to legislature
may appoint reporter
fine for contempt
or justices of the peace, not disqualified by interest
of election, how appointed

shall appoint clerk
duty of

failing in his duty
fees for
Jurisdiction of U. S. courts

supreme court of Utah .

district court

probate court

justice of the peace . . • 31,

courts when crime is committed out of county

160
109
164
164
211

135

213

109'

163

18,19

32,38

58
45

18
18
31
33
33
32, 58

39
39
41
41

• 104

105

106

107

108

31,32

; 32, 38

48 to 51

16 i

247

Jurisdiction of mayor and aldermen. (See mayor and aldermen.)
.furors. (See grand jurors.)

Jury, trial of all crimes shall be by - - 19, 25

shall be preserved 25

when trial shall not be by - - 31

parties demand a - - - 49

challenge of - 49

fees of - - - - 51

duty of, in trial for murder - 118

Justices of the peace, how elected, oath, bond, duty - 48

jurisdiction - - - 48 to 51

duty as to replevin - - 64

ejectment - - 60

elections - - 106

may appoint appraisers 69

Justifiable homicide - . - - 140, 141

Kanyon creek road - 170

and coal creek, - - - 211

Keeper of estray pound, duty of - - 86, 87

Kidnapping .... 120

Lands to be surveyed by general government - - 35

sale and transfer of - - - 66, 67

surveyed must be fenced - 67

when title shall be null - 67

altering boundary of - - 137

surveyed by \V. M. Lemon - - - 216

Larceny ... . - 126 to 128

accessory to - - - 127,128

Laws and jouvnals of legislature, how distributed - 213

of Deseret, to classify ... 215

legalized - - 205

Lawful and religious assemblies ... 94

resistance - 140

Legacies, when may bo paid - - - 70

Legion. (See Nauvoo Legion.)

Legislative power of the U. S., how vested - 9

Utah, how vested - 29

assembly of Utah, duties of - - 30, 34

compensation of - - 34

next annual meeting of - 213

Lehi city incorporated ... 184

when exempt from county road tax * l-'l

Lemon W. M., lands surveyed by - - 216

Lewdness, open and gross ... 122

keeping house for the purpose of - - 123

Librarian, how elected, term of office - - 98

bonds, duty - - - 98, 99, 208

compensation of - 99

office of, created ... 208

248

Librarian, governor may appoint -
Library. (See Utah library. )

of tho university of Deseret, furnished with laws and
journals of legislature
Lieutenant general, how elected, vacancy, staff of

when appoint district commanders
order company musters
duty of, in capital 'cases
ruise and organize a band -
power of, as to military districts
Liquors, selling adulterated -

inspection of spirituous - - -

Life jruards, battalion of

Maiming animals - -

Major general, stall and command of

Malicious mischief, -

Manti city charter amended -

Manslaughter -

Manufactures, home ".""'."'"

Marks and brands, where kept -

recorder and auxiliary recorders of
application for

copies of, furnished county clerks
persons finding cattle having
selling cattle having
animals put in estray pound having
when must be reversed on animals
classification of
heretofore recorded to be valid
Marque and reprisal, letters of -

Marry, compel women to

in case of seduction ...

Marshal, U. S. district, term of office

duty, fees, how appointed

in relation to secretary
library
public funds
territorial, election, term of office, oath, bond,

may appoint deputy, duty -
persons required to assist
city. (See city marshals.)
Masters, power, liabilities, and duty of
when illtreat apprentice
may be discharged
shall send minor to school
bringing servants to tiis territory
may forfeit servants ...

duty of, to servants - - -

having sexual intercourse with african servants
cruelty of, to servants

208

214
144
149
149

157
157
159
137
160
154

136.

146, 147

136

175

119

806

84,85

119

120

204, 205

208

209

136

76
76
76
78
81
31, 82
81,82
81
82

249

Masters may transfer servants 82

of Indian apprentice, duty of - , - 94

Maybem ----- 119

Mayor of Cedar city - - 177,181,182,183

Lehi city . - - 184, 185, 189, 190, 191

Fillmore city - - 192, 193, 19?, 198, 199

Nephi city - - - - 2Q0 to 203

Medicine, selling adulterated ... 137

Memorandum of judgment 40

Memorial to the president of the United States - 216

congress for a territorial prison - • - 219

semi-monthly mail route - 219

to pay the code commissioners - 220

for a territorial road - - 22 L

state government - - 222

to pay expense of Deseret legislature - ' 223

for a turnpike road - - 224

rail road -. - 225

weekly mail route - 22G

an electric telegraph - 226

a geodetic survey - - 227

to extend the legislative assembly - 228

pay expenses of Indian expeditions 229

for an appropriation for schools - 229

to pay the expenses of the special session of

the legislative assembly - 230
for an act authorizing treaties with Indians 231
donation of lands to settlers, and educa-
tion - - 232
survey of southern boundary of Utah 232
a distributing post office - 233
the post master general of the United States - 234
Maintenance of widow and children - r - 70, 79, S4
in case of seduction ... 120
Millard county, apportionment of - - - 109
organization of - - - 161
boundary of - - - 161,163
Military, districts, Nauvoo legion divided into - 148
duty of commanders of - 146, 149, 158
officers of, bow appointed - - 149
commanders of, order company musters 149
and civil communications free of postage - 212
Militia, called out by congress 13
officered by the states - - - 13
president to be commander-in-chief of - 17
their right to ke«rp and bear arms - - 24
governor, to be commander-in-chief of, for Utah - 28
of the territory to consist of Nauvoo legion - 144
exempt from civil arrest - 152
Mill creek, waters of, granted to W. Richards - 169

President B. Young - 170

250 •

Minor, may bo bound 10 service - - .75

Minor, duty of - - - . 76

contracts of - - - 78

personal service of - - 78

may select his own guardian - - 79

property of - - - 79

sale of the property of - - 80

Misdemeanors - 136, 141

Misprision of treason ... 117

felony - - - - 134

Money, how drawn from the United States treasury - 14

congress to coin and regulate the value of, - 13

Monument or other land mark ... 137

Moor Thomas, erect i'erry across Green river - - 166

Municipal court of Cedar city ... 182

Lehi city - - 190

Fillmore city - 198

Nephi city - - - 203

Murder - -- - - 117

degrees of - - - - 118

Music, chief and department of - - - 14")

Muster and inspection of arms ... 149? 155

delinquents at ... 149^ 15Q

Naturalization, uniform rules ... I3

Nauvoo legion, how organized and commanded - - 144

divided into military districts - - 14; :

Navy, congress to provide for, and govern - - 13

Nobility, titles of, prohibited in the United States • - 14

Non-residents, property of, not to be taxed higher than residents 30

exempt from execution - 42

executors of - - 68

Non-suit, when plaintiff cannot take - - 40

Notaries public, how elected 89

0 ith, bond, case of vacancy, duty - 90

deface records of 90

faith and credit to protestations &c. of - 91

may take acknowledgments of deeds - 9L

Obscene books, pvints, &c. ... 12?.

Officers of election failing in his duty - - 107

neglecting or refusing to do his duty - - 134, 136

suffering prisoner to escape - - 13.")

persons resisting ... 13")

requesting persons to assist - - 130

Ogden city, control of certain timber granted to city council of 166

charter amended ... 17,">

and Weber rivers, bridge across - - 164

Order resolution or vote of congress - - 12

for 500 dollars
Organic act -

Original jurisdiction of courts - - - 3b

251

Pardons, president may grant 17

governor may grant 28

Parents may inherit the estate of their children - 72

Parowan city charter amended ... 175

Passing and meeting of teams 88

Parties may submit and agreed statement to court - 40

Patents to be granted to inventors 13

Pauvan valley, seat of government located in - - 200

Paymaster general, rank and department of - - 14f>

Perjury, and subornation of - - 132, 13.".

Persons held to labor, importation of prohibited - 14

escaping, shall be delivered up - 19

Petition, right of - - 24

Piracy, congress to prescribe punishment for - - 13

Pleadings ■• - - 39

Poison food, drink, medicine &c - - - 122

selling any ... - 138

administering of any ... 138

Poll book of election .... 105

to be transmitted - - IOC

when closed - - - 105

Poll tax ..... 47

may be paid in labor ... 112

persons refusing to pay - - - 112

Posthumous children may inherit - 67

Post office and post roads, establishment of - - 13

Pound keepers, duty of 86, 87

Powers not delegated - - -26

legislative. (See congress.)

of Utah - - - 29
executive- (See president.)

of Utah . . - 28

judicial. (See judicial.)

Practice, rules of - - - 39, 40, 53, 54

in probate court - - - 43

Preamble and act for the relief of Indians - - 91

Precedents of companies &c. ... 154

Premiums on home manufactures - - 205

Presents from foreign power - - - 15

President, executive power vested in, term of office - 15

how elected - - - 15, 26

qualifications for, case of vacancy of - 16

compensation of - - - 16

oith of office ... 17

powers and duties of - - - 17

may be removed ... 18

remove gov. and secretary of Utah - 28

attorney and marshal of Utah - 32

Press, freedom of - - - - 24

Primary schools .... 207

Prisoner, escape and persons aiding in - 135

252

Privileges and immunities of members of congress - 12

of citizens - - - 19, 24, 25

Probate court, sessions of 42, 43

jurisdiction of - - 43

as to divorce - - 82, 83, 84

records, rules, and practice of - - 43

appeals from - 43, 44

seal of 44

duty of in case of appeal - - 50

as to the poor &c, - - 52

decedents. (See executora.)

indentures - - 77

divorce - 79, 82, 83, 84

minors - - 79, 80

may allow writs of habeas corpus - # 58

appoint and remove executors - 68

special executors 09

continue the business of decedents - 69

appoint appraisers -. - 69

direct sale of property of decedents - 70

strike a dividend 71

bind out, idle, vicious and vagrant children 76

discharge master 76

appoint guardians - - 77, 79, 80

declare contract between master and servant

void 82

shall keep record of transfer of servants 82

Probate judge, how elected, term of office, oath, bond, - 42

jurisdiction of - - 42, 43

vacancy of - - - 42

shall appoint a clerk - - 44

may appoint prosecuting attorney - 57

guardians - - 77, 79

allow habeas corpus - - 58

bind out Indian child or woman - 93

shall issue writs of election - - 107

duty of, to appoint select men - - 116

assessor and collector, - 116

election of - - - 174

Profanity and drunkenness -.?,,•-

Property, public, congress make needful rules respecting - 20

when taken for public use -t - - 25

exempt from execution - - 41

taxation - 110

Prosecuting attorney, compensation of - 44

how appointed, term of office, removal, duty 57

oath, bond of - - 58

Prosecution, how commenced ... 141

Prostitution, abduction of females for - - 120

houses kept for - - 123

entice females to house of illfame, for - 123

263

Prostitution, testimony on trial, in cases of 142

Provo city charter amended 175

Public property, congress make needful rules respecting 20

buildings exempt from execution 41

taxation 110

erection of 34,207

funds 209

offences divided and defined 141

officers, duty of as to estrays • 86

roads and highways, taking water across 143

Punishment, cruel and unusual, prohibited 25

Qualifications of voters ... 30, 107

for city officers 178, 185, 193, 201

Quartered, no soldiers shall be, on citizens 25

Quartermaster general, rank and department of 144

duty and bonds of 159

Quit claim to lands, form, acknowledgment of 66

Quorum in congress^ what shall constitute a ' 11

of states in choosing a president .'. 16

county court to do business 46

select men to do business ' 209

Rape 119

by duress or otherwise 120

testimony on trial, in case of 142

Real estate of decedents, may be sold 70

sale and transfer of 66, 67

Receipts and expenditures, accounts of to be published 14

Recorder, county. (See county recorder.)

of marks and brands, election, term of office 84

office of, where kept 84

duty of 85

fees of 87

city. (See city recorder.)

Records, how to be authenticated 19

Referees or abitrators 47

select men, elected and duty 208

Regents and chancellor, appoint superintendent of schools 207

Regiment, how officered and composed 147

Regimental officers, duty of, on parade days 149

Religion, free exercise of 24

Religious test not required 21

and lawful meetings SS

Replevin, when may issue 64

duty of officers in cases of 64

may be issued by justices of the peace 64

Reporter, judges of court may appoint 39

Representatives, house of, to congress, how composed 9

shall choose their own officers 10

have power of impeachment "" 10

254

Representatives, house of, shall be judges of returns and election

of its own members

quorum of

may determine its own rules

punish or expel a member

shall keep a journal 11

adjournment of

yeas and na^ s of 11

revenue bills, shall originate in 12

compensation Of

when privileged from arrest 1-

for Utah, how composed

powers and duty 20,30

compensation of 34

apportionment of 29,109

to congress, qualifications for

apportionment of 9

vacancy of

not questioned for speech in debate 12
serve as elector for president ..

Reprieves and pardons, granted by the presideut

governor 28

Resistance, lawful H';

Resolution, order or vote of cougress 12

Returns, false 13G, 15'J

of delinquents at muster 151

Revenue bills, where to originate 12

laws, certain parts of, repealed 20(5

Richards Willard, waters of Mill creek granted to 16'.'

Rights of citizens 19,24,25

Riots 130

Road tax, assessment of Ill-
one days labor for 112

big kanyon creek ,

taking water across «3

territorial, extended 211

Robbery ; 119

Rules, each house shall determine its own 11

of court 39,40

San Pete county, apportionment of 109

boundary of 164

School districts 46,97

trustees of

Schools, superintendent of primary 207

Searches and seizures, secure against 25

Seat of government of United States ' 14

Utah, name of 162

located . 206

pro tempore 210

expense of locating 211

255

Secretary of territory, term of office .

how appointed, oath 33

compensation of 33

duty 28,34

of as to elections 10 <

shall distribute constitution &c, 213

laws and journals 213

apply for weights and measures 214

Seduction 120

testimony on a trial for 1**

Select committee to award premiums 20.)

men, duty of 40, 52, 70

as to indentures

divorce

elections 10t>

how elected ■• ^n 5~

may bind out minor 53, 76, 77

Indian child

appoint guardian 53, m, /'J

shall keep a record

authorised to obtain Indian prisoner

shall certify to surveyed lands .6'

or referees, election and duty 208

Selling unwholesome provisions and liquors 1-j*

spirituous liquors, uninspected 160

Senate, how composed, classed ..v..

shall choose their own officers I1-'

bo judges of returns and elections of its members

quorum of

may determine its own rules H

punish or expel a member

shall keep a journal

adjournment of

yeas and nays of 11 1

Senators, qualilications for

vacancy of 1"

compensation of ....... 1'

not to be questioned for speech, in debate

serve as elector for pi< s.dent 15

Servants, persons coining into the territory with

sexual intercourse with

duty of masters to '

must be sent to school

Sheriff, must attend district court °S

duty of m $*

as to elections 105,108

replevins

special elections 107

persons required to assist 1««

Snow Z. judge, where to reside 3^

may hold courts in three districts ....

256

Soldiers not to be quartered on citizens 25

Speech, freedom of 24

Staff of lieutenant general 144

department, chief of each 145

officers, how appointed 146

duty of on parade „ 149

State house, purch ise of ' 210

road, survey of ' 212

States, what powers prohibited to 15

new, may be admitted 20

republican, form of government guaranteed to 20

Subornation of perjury 132, 133

Suits :it common l:i\v 25

Superintendent of Indian affairs 28

primary schools 207

Supervisor, appointment 47

duty of 47,112

may require tarn work 112

comoens ition of 113

duty as to taking water across road 143

of streets. (See city supervisors.)

Supreme court of the United States, jurisdiction of 18

Utah, jurisdiction of 31

Surgeon general, rank and department of 145

Survey, when shall become void * 96

resuvvev of Ian Is 95

of \V. M. Lemon 216

Surveyor, county. (See county surveyor.)

general, when may resurvey lands 95

survey for joint enclosures 96

fees of 96

compensation for 215

Sykes' hydrometer 160

Tax, territorial 110:

county Ill

school 98

home manufactured articles, taken for 206

delinquent, of Iron countv 211

applied. on state road 214

Technical forms and pleadings abolished

words and plyases, how construed 142

Territorial, inspector of spirituous liquors 160

tax _ 110

marshal. (See marshal territorial.)

officers report to the auditor 114

road commissioner, duty as to cottonwood canal 169

to locate big kanyon creek road 170

survey state road north 212

as to woollen factory 172

to locate state road 211

257

Territorial road commissioner, duty as to state road • • • • • • • • 2.14'

Territory of Utah, boundary of • • • • • • ■ • • • • • • • • • 27

property of, exempt from execution •••• •••• 41

Threatening letters, sending • ••• •••• • ••• 121

Tooele county, apportionment of • ••• •••• •••• 100

boundary of •••• •••• •••- •••• • ••• 163

Trader, Indian 94

Transcript, file a • • • • • • • • • • • • • • • • 44

of poll books of elections •••• •••• •••• •••• 106

Transfer of lands, how made and form of •••• •••• •■•• 66.00

servanis •••• »••• •••• ■••• 82

Treason and evidence for • ••• 117

misprision of •••• •••• •••• •••• 117

Treasurer, how elected, term of office, bond, oath, duty, • • • • • • • • 113, 114

county (See county treasurer.)
city, (S'-ecity treasurer.)

Treasury, postage charged to territorial •••• •••• • 212

Trespass, actions of 74,75

Trustees of schools, election and duty •••• •'•• •••• 97

power of as to school tax • • • • • • • • • • • • 98

University of Deseret, property, exempt from taxation • • • • • • • • 1 10

eleventh section of charter repealed •• 175

library of, furnished laws and journals 214

Utah county, apportionment of •••• •••• •••• •■•• 100

boundary of •••• •••• •••• •••« •••• 163

library, kept at the seat of government • • • • • • • « 35, 90

furnished laws and journals • ••• •••• •••• 214

Vacancy of representatives to congress •••• •••• •••• 10

senaior to congress •••• •••• •••• •••• 10

president and vice president •••• •••• ■••• 16

governor •••• • ••» •••• •••• • ••• 2<

probate judge •••• •••• • ■•• •••• •••• 42

notaries public • • • • • • • • • • • • 00

assessor and collector •••• •••• ••■• •••• 110

county treasurer •••• •••• •••• •••• •••• 115

lieutenant general . •••• •••• •••• •••• 144

in litia officers .•••• •••• 156

code commissioners •••• •••• •••• •••• 173

county officers •••• -••• •••• •••• •••■ 107

tilled by the president •••• •••• •••• ••••

Vicious, idle, or vagrant children •••• •••• •••• 76

Vexatious lawsuits ■••• . • ••• •••• •••• •••• 52

Vote, resolution or order of congress ..... .... .... .... ]2

Votes given viva voce •••• •••• •■•• •••• 105

Washington county, boundary of • • • • ■ • • ■ • • • • • • • • 164

attached to Iron county •••• •••• •••• 164

Warrants, may run to any part of territorj • • • • • • • • 49

for collecting military fines •■•• . ••• •••• •••• 153

Weber county, apportionment of •••• •••• •••• ■••■ 109

boundary of •••• 362

Desert county attached to •••• •••• •••• 162

and Ogden rivers, bridge across • • • • 1 64

258

Weights and measures, secretary apply for • • • • •*••< 214

Wife, properly shall be held for the benefit of •

husband inherit the estate of deceased •••• •••• 72

homestead for benefit of •••• 67,71

Wills, probate of • * • • • *.* • 43

poisons may dispose of property by •••• *•••

verbal, when valid •••• •••• 6'

deposited with clerk of probate

when duly p; oven, may be read in evidence 68

may appoint guardians by •••• •••• 79

Wine, selling adulterated •••• 13 1

Wolf and fox pates, bounty on 112

Woolen factory •••*

Woolky E. D., agent to purchase state house •••• •••■ 210

Writs of attachment and capias . ••** 62

ejectment •••• •••• 65

election 107

cr or and appeal • ••• 31,32

habeas corpus • 32, :>8

replevin 64

Young, president B., waters of mill creek granted to , 170

John and Joseph, and others, ferry across Bear river 167

ERRATA,

Page 52, section 2. line 3. for "filled," read '-filed."

GO, 13, 10, for "per," read "person."

66, 1, 13, insert "ntid" before owner; and read "of possession.."

instead of "and possessor."
81, 2, 8. for -'masters," read "mistress."

97, 2, 3, in relation to common schools, for "full," read "fuel."

109, 12th line from the top, for "1841," read "1851."
121,1st " ". •" for "persons." read "person."
127. marginal note to section 58, for "embezzlement," read "larceny."
155, section 56, line 7, insert "general." after "lieutenant"
176 2, 8, insert "convev." after "lease."

«£ . ' l< 10. inserl "and," after "improve."

191, 44, 2. for "to." rend ';of,"

203, 13, 8. for "bv," read "of."

212. resolution 2, 5, for "in," read "to."

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Full text of "Acts, resolutions, and memorials, passed by the first annual, and special sessions, of the Legislative Assembly, of the Territory of Utah, begun and held at Great Salt Lake City, on the 22nd day of September, A.D., 1851"

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