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Organic Act_page_027

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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 Organic Act_page_027
Description LAWS ©F UTAH. .;27 justices of the supreme court, at such time and place as may be prescribed by law; and the judges shall, after their appointments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, .both appelate and original, and that of the probate courts, and of justices of the peace, shall be as limited by law: /Provided, that justices of the peace shall not have jurisdiction 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 registrar in chancery, and shall 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 district 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. T 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 appointed. Writs of error and appeals .from the final decision of said supreme court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the Untied States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either "^parity, or other competent witness, shall exceed one thousand dollars, except only, that in all cases involving title to slaves, the said writs of error or appeals shall be1 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 of error or appeal, shall also be allowed to the Supreme Court of the United States, from the decisions of the said supreme court created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom; and each of the said district courts shall have and exercise the same jurisdiction in all cases ai'ising under the Constitution and laws of the. United States as is vested in the circuit and district courts of the • tJnit&d States; and the said supreme and district courts of the said Territory, and the respective judges thereof, shall and may grant writs 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 cases. The said clerk shall receive in all such cases the same fee's which the clerks of the district courts of Oregon Territory now receive for similar services. Sec. 10.-j-And be it further enacted: That there shall be appointed an Attorney for said Territory, who shall continue in office for four years, unless sooner removed by. the 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, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Oregon, and shall, in addition, be paid two hundred-dollars annually, as a compensation for extra services., .-.-,. . : . Sec;. 11.-And be it further enacted: That the governor, secretary, chief justice and associate justices, attorney, and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such,-respectively take an oath or affirmation before the district judge, or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associ&te justice of the Supreme Court of the United States, to support the Constitution of the United States, 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 recorded by the said secretary among the executive proceedings; 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 or qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified, and recorded in such manner and form as may be prescribed by law. The Governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as Superintendent of Indian Affairs.
Format image/jpeg
Identifier 034_Organic Act_page_027.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 716988
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/716988