Chapter 11_page_040

Update item information
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

Page Metadata

Title Chapter 11_page_040
Description 40 . LAWS OF UTAH. Sec. 14.-A, wilful- failure to comply with the requisitions 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 iollars to the party thereby aggrieved. ' . Sec. 15.-The defendant in his answer must state plainly and unequivocally "vhether he then has, or at any time has had the plaintiff under his control and restraint, md, if so, the cause thereof. If he has transferred him, he must state the fact, and to" Thorn, and the time thereof, as well as the reason or authority therefor. Sec. 16.-Any judge, whether acting individually or as a member of the court, flio wrongfully and wilfully refuses to award such writ, whenever proper application \ ?or the same is made, shall forfeit and pay the. sum of one thousand dollars, which may be recovered by an action of debt for the use of the Territory; and nifty be imprisoned for a term not exceeding one year. Sec. 17.-Until the sufficiency of the cause of restraint is determined, the defendant may retain the plaintiff in his custody, and may use all necessary and proper means for that pui'pose. ¦ ' Sec. IS.-The plaintiff in writing, or by his attorney, may waive his right to be-present at the trial, in which 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 plaintiff must be discharged. r- Sec. 19-Upon the return of any Writ of Habeas Corpus, 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 prisoner 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, andi;there is not' sufficient cause for discharge; and, although the commitment may have been inform-( ally made, or without due authority, or the1 process may have been executed by a per-' soai 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, <5r attempt to elude the service of. the Writ of Habeas Corpus, or to avoid the effect thereof, subjects the defendant to a tine of one thousand dollars, and imprisonment for the term of one year; an4 any,per-. son-knowingly aiding and abetting [in any such act shall bo subject to the like pun-! ishment. ¦ " . . ¦ • . .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 exceeding two hundred dollars to the person so detained. . ' ¦• Sec. 22.-All persons admitted to ballon Habeas Corpiis shall enter recognizance, with sufficient sureties, in such sum as the court shall direct, having regard to the cirr; cumstances of the plaintiff, arid the nature of the offence, 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 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. . l ¦ 'V •"¦•• v .'¦'.¦' ,.' Sec. 23.-^The recovery of any penalties incurred by. reason of the provisous of this. act.shall be no bar to a civil suitfor" damages. • ¦ ,'. • • ; - Approved Feb. 2, 18f>2. ' . ' '..'•' ; . .'JV',;-.. •"' CHAPTER XI. An ACT Governing Writs of Attachments and Garnishments. ;. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory .:i Utah: That if any creditor, his agent or attorney, shall file an. affidavit in any of the courts in this Territory, according to their respective jurisdiction, setting forth that any person is iudebted to such creditor, stating the nature and amount of such indebtedness as near as may be, and that such debtor has departed or is about to depart from this Territory or the county in which he resides, or wherein, the complaint was made,
Format image/jpeg
Identifier 047_Chapter 11_page_040.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 717001
Reference URL