Contents

Chapter 1_page_029

Download item | 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 https://collections.lib.utah.edu/ark:/87278/s6w37x2b

Page Metadata

Title Chapter 1_page_029
Description LAWS OF UTAH. 29 TERRITORIAL LAWS OF UTAH. CHAPTER I. An ACT in Relation to the Judiciary. Sec. 1.-Be it enacted by the Governor and the Legislative Assembly of the Territory of Utah: That the District Courts shall exercise original jurisdiction, both in c^vil and criminal cases, when not otherwise provided by law. They shall also have4 a general supervision over all inferior Courts, to prevent and correct abuses where no* other remedy is provided. Sec. 2.-The Sheriff of the county wherein the Court is held, together with all necessary assistants, must attend upon the sessions of the Court, if required. Sec. 3.-The clerk of each district or county shall keep a record of the proceeclings 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, 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. 4.-The Judges of the District Courts, respectively, shall report to the Legislature at each regular session thereof, all omissions, discrepancies, or other evident imperfections of the law which have fallen under their observation. Sec. 5.-The Judges of the Court may report their own decisions, or they may appoint a reporter who shall hold his office at the pleasure of the Court, and all decisions or opinions, and all questions received on appeal, as well as motions, collateral questions, and points of practice, as they may think of sufficient importance, shall be reduced to writing and filed with the Clerk of the Court. Sec. 6.-Each of the clerks must keep a complete register of all proceedings of the Court, with an index to the same; and generally they must perform all the other duties ordinarily pertaining to their offices. Sec. 7.-The said Courts may adopt all such rules as they may deem expedient, consistent with the law, the prime object of which shall be to carry out the purposes of the statutes, and to subserve the ends of justice, dispensing with all needless forms, and disregarding and abridging all technical pleadings with a view to the attainment of justice; all technical forms of actions and pleadings are hereby abolished. Sec. 8.-Any pleading which possesses the following requisites shall be deemed sufficient: First, wheu to the common understanding it conveys a reasonable certainty of meaning. Second, when by a fair and natural construction it shows a substantial cause of action or defence. If detective in the first above particulars, the Court shall direct a more specific statement. If in the latter, it is ground for demurrer; demurrers for formal defects are abolished, those for substantial defects must set forth the true ground »f objection to the pleading demurred to; upon the determination of any demurrer, the party failing, may amend or plead upon such terms as the Court deems 5 ust, or as it may by general rule prescribe. Sec. 9.-Immaterial variancies, errors, or defects, may 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 allow . material amendments at any stage of the proceedings upon such terms, and subject to ' such rules as it may prescribe. If an original pleading or paper be lost, or withheld by any person, the Court may authorize a copy thereof to be filed and used instead of the original. ¦..... .....-.-
Format image/jpeg
Identifier 036_Chapter 1_page_029.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 716990
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/716990