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Chapter 1_page_031

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Title (1866) Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Subject Law
Description (1866) The Fifteenth Legislature, 1865, passed an act to print the laws as prepared and reported by the Joint Committee on Revision and Compilation, including laws of the current session. No 1865 session law was printed because these acts were incorporated into the 1866 compilation.
Publisher Legislative Assemblye of the State of Utah
Date 1866
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi uncompressed TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi
Identifier KFU30 1866 .A193
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor
Scanning Technician Amanda Wilson
ARK ark:/87278/s6w37x2b
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2006-01-25
ID 717212
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b

Page Metadata

Title Chapter 1_page_031
Description (fF UTAH. Si' .; SEC..; 24.-In case of a vacancy occurring in the office of the Judge of Probate, the: Governor may appoint and fill" such vacancy until the next succeeding Legislative Assembly,; or some subsequent one, shall elect one; said Judge of Probate so appointed shall qualify and give bond as above provided. ••¦" '.•';' ;: Sec. 25.-The Probate Court shall be considered in law as always open; bi.it the Judge shall hold regular sessions on the second Mondays of March, June, September and December of each year, and shall continue at each session one week, or until the business ready for trial shall be disposed of. Sec. 26.-When the District court is to sit in a county on any of the days appointed in the preceding section for the sessions of the Probate court, the latter shall be held on the Monday preceding, and when the Judge is required 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. 27.-The Judge of Probate has jurisdiction of the Probate of Wills, the administration of the estates of deceased persons, and of the guardianship of minors, idiots and insane persons. Sec. 28.-The Probate records shall be kept in books separate from those of the" other business of the court. Sec. 29.-The several Probate courts in their-respective counties have power to exercise original jurisdiction both civil and criminal, and as well in Chancery as at Coinnion law, when not prohibited by legislative enactment; and they shall be governed in all respects by the same general rules and regulations as .-regards practice as . • the District courts. . ' ¦ : . ¦ -.: "Sec. 30.-Appeals are allowed from, all decrees or decisions 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 appeV.I and'filing, in the clerk of the Probate court's office, a bond withone or more sureties and. a.penal sum to be approved 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 judgment below affirmed, he will comply with the judgment' and orders''rnade 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, anil 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 holclen, if there be ten . days between the day when the judgment was rendered and the day of the sitting of the District court. ' : • ' .: " 1 Sec. 31.-Within twenty days from the day of the appeal, and within five days. in the case mentioned in the last paragraph of the preceding section, the Clerk of the Probate Court is required to file a transcript of the proceedings in the matter in which the appeal is taken, authenticated by the seal of the Probate Court, with the Clerk of the District Court, who 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 Judge. Sec. 32.-The Probate Judges in their respective counties shall appoint a Clerk, who shall keep his office at the county seat, and who shall attend all sessions of the Probate Court, as also sessions of the County Court for the transaction of county business. It shall be the duty of the Clerk of the Probate Court to keep a true and faithful record of all the proceedings iu the Probate Court in session, entering distinctly each step in the progress of any proceedings; but such record shall be equally valid, if made by the Judge. ¦ Sec. 33.-The Clerks of the District Courts and of the Probate Courts respectively are hereby required to report to the Secretary of the Territory, on or before the. first Monday'of November .of each year, the number of convictions for all crime and misdemeanors in their respective courts for the year preceding such report; shall show the character of the offence and the sentence of punishment, the occupation of the con-„; ^ ...x. _.l,_ ...,-----------., ,., ,, , general habits, and also the expenses of the ;ar, including but distinguishing- the -T+. ........______L......__....._, „__--.,,. ___Clerks aforesaid shall also forward to the Secretary copies of all reports made of decisions and opinions, which shall be re-porfedor1 filed |Ln his office. ~ ,SfEC.,34.-The Judges of the District and Probate Courts shall be conservators of the.ne.Hce'in their respective districts and counties throughout the Territory, and it is theifidut^to vise all diligence and influence in their power to prevent litigation. '¦• - - BejcVoS.-Any matter involving.litigation may be referred to arbitrators or referees, • whojmay; 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 : shall report -the ease, if nacessary to enferee the same, to the elerk of the county
Format image/jpeg
Identifier 038_Chapter 1_page_031.jpg
Source Original Book: Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2005-11-15
ID 716992
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/716992