Chapter 1_page_030

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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

Page Metadata

Title Chapter 1_page_030
Description so LAWS OF UTAH. Sec. 10.-By the consent of the Court and the parties, any person may be selected to act as Judge for the trial of any particular cause or question; and while thus acting he shall possess all the powers of the District Judge in the case. Sec. 11.-The plaintiff cannot take a non-suit without the consent of the defendant, after the latter has claimed a set-off; but he may dismiss his cause of action, leaving the defendant to proceed on his set off in the capacity of plaintiff; either may withdraw his claim at any time before the jury retire, but not after. Clerk shall enter a memorandum thereof in the column left for that purpose in the judgment docket. Sec 14.-Parties to a question in difference, which might be the subject of a civil action, may present an agreed statement of the facts thereof to any Court having jurisdiction of the subject matter. Sec. 15.-It must be shown by affidavit that the subject matter is real, and that the proceeding is in good faith to determine the rights of the parties thereto. Sec. 16.-The Court must thereupon hear and determine the case, and the judgment rendered thereon will be the same in all respects as though suit had been brought in the regular manner, and will be followed by the same consequences. Sec. 17.-All judicial proceedings must be public,'unless otherwise specially pro-Aided by statute, or otherwise agreed upon by the parties. . ; ;. ...;i .'; •'. Sec. IS.-The Judge or Justice shall not'be disqualified in consequence of interest, consanguinity, or otherwise, unless objected to previous to the parties joining,.issue ,and introducing testimony. ¦ , . , ¦¦¦,¦<¦,¦.¦<¦'¦;¦;¦.¦¦¦.¦-r i ;v>u ::j Sec. 19.-The Court shall have power to punish by fine, or imprisonment, or bothy at their discretion, for contempts, or any wilful disturbing calculated to interrupt the due course of its official proceedings, or which may tend to impair the respect due. to its authority. ( ,', , : .; . ¦.'¦--¦..-".'¦ <~. Sec. 20.-Public buildings owned by the Territory, or any .county, city, school district, ward, university, or religious society, and burying grounds are exempt;from execution. . ¦ . .....: .... ;: .¦;,¦;!• .•• :;;>;';.• Sec. 21.-The following property of individuals is also exempt from execution ;,,aU . wearing apparel kept for actual use and suitable to the condition of (the party,; and trunks and other receptacles to contain the same; one musket, or jifle,, and. accoutre.? merits, and amiinition required for one hundred charges of loading; the proper.too^ instruments, or books of any farmer, mechanic, surveyor, physician, teacher,.or professor; the horse or team, and wagon or other vehicle with, the proper jiarness,i or tackle by the use of which any physician, public officer, farmer, teamster, ;Qi-, other laborer habitually earns his living; all libraries; family books, portraits and painting's; aiiy interest owned by the debtor or his parents in one house of. public worship,, school, house, or burying ground. If the debtor is head of a family, there -is a furtKe'r; exempt from execution; 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 lor all animals for sixty days; all flax raised by the defendant, and the manufactures therefrom;' one bedstead and the necessary bed and bedding;for) every two in the family; all cloth manufactured in the family of the defendant, or;by; the defendant; household and kitchen furniture not exceeding one hundred dollars in value; all spinning wheels and looms and other instruments of domestic iabqr.-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^cxf. such debtor for his personal services or those of his family at any time, wdjthin :n4n,ety. dssys next preceding the levy are also exempt from execution or .'attachment.- '. > .>:-¦ Sec. 22.-None of the exemptions herein made are intended for the benefit of-inon-residents','but their property is liable to execution, with the exception ef.the ordinary;! wearing apparel; but any person coming within the Territory with the intention.!P,f,.: remaining is a resident within the meaning of this act; and nothing herein, shall: h& -bo. construed as to exempt the property of any transient person or persons about ,to; de-V part from the Territory or county, with the intention of removing, their .effects /there-:. • f ¦¦¦¦¦ ''' '' Skc. 2o.-There shall be a Judge of Probate in each county within the Territory,!: whose juridisction within his court, in all cases, arises within their respective counties under the laws of the Territory; said Judge shall be elected by the joint vote ;o|! the t Legislative Assembly, and commissioned by the Governor, they shall hold, their,offKj ces for the term of one year, and until their successors are elected and qualified.; ;T!hgy,;? shall be qualified and sworn by any person authorized to adminis(ier.:O^|is)>anxi>^fV'^> bonds and security in the sum of not less than ten thousand doilar^tobe approved,by!;. the Auditor of Public Accounts; and the Auditor shall give .the persbn. filing. JaoHjdg a;| certificate that such bond has been approved by him and filed in his office. Ar.oisno -Kir
Format image/jpeg
Identifier 037_Chapter 1_page_030.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 716991
Reference URL