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Chapter 3_page_033

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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 3_page_033
Description LAWS OF UTAH. * .#> Sec. 4.-Justices of the Peace have jurisdiction over all cases where the amount - *in controversy does not exceed one hundred dollars; arid when the amount claimed exceeds that sum, but by fair credits may be reduced to that amount, Justices may decide cases without process; but if it shall become necessary to enforce such decisions, ¦ they shall enter such cases so decided upon their dockets, and proceed as in other cases. Justices of the Peace in their respective counties have jurisdiction of and may • try, hear, and determine public offences, where the punishment imposed by law does "not exceed one hundred dollars fine, or imprisonment does not exceed six month?, or ' ''when the punishment is by both such fine and imprisonment. Sec. 5.-Criminal actions for the commission of public offences may he commenced before a Justice of thePeace, by information subscribed and sworn to and filed with the Justice; the Justice must file such information and note the time of filing.. . Sec. 6.-Immediately upon the filing of such information, the Justice may in his .discretion issue his warrant, directed to any Sheriff, Constable, or peace officer, for the arrest, of the defendant, and such warrant may be served in any county or district 'within the Territory. Sec. 7.-The officer who receives the warrant must serve the same by arresting ' the defendant, if in his power, and bring him without unnecessary delay before the i .Justice.who issued the same. Sec. S.-If the defendant do not demand a trial byjury, the Magistrate must ..proceed.to'try the issue; in case a jury be demanded, the Justice shali causes jury of } six men having the qualifications !of jurors, inhabitants of the county, to be empan- ', nelled, who. being duly sworn or affirmed, shall constitute the jury. No challenge to the pa'nel is allowed; but the prosecutor and defendant may each challenge for cause; and the defendant may be allowed the pre-emptovy challenge of three jurors; a further number of jurors shall be summoned to fill up,*as the jury shall be exhausted by challenges. ' v Sec. 9.-The. verdict of the jury shall be entered upon the Magistrate's docket, and the Magistrate must render judgment thereon of fine, or imprisonment, or both, as the case may require; and when a lino is assessed, the Justice may direct that the defendant be also imprisoned until the line is satisfied: Provided, that the Magistrate may hire out said defendant to service until the fine is paid. If the defendant be acquitted by either the Justice or jury, he must be immediately discharged. Sec. 10.-Within twenty days "after any such conviction, the Justice shall mak<? out a certificate in which he shall briefly state the offence charged, the conviction ano, judgment thereon, and, if any fine has been collected, the amount thereof, and file tho the same in the Judge of Probate's office. All lilies collected either by Justice, Sheriff. , ..Constable or other officer, shall be paid into the county treasury within ninety day?, after the same have been collected. Sec. 11.-Upon the affidavit being filed, in which the allege!1, error of the proceedings is stated, and that the affiant verily believes injustice has been done, the Justice shall grant an appeal to the Court of Probate of the county, and shall take a written undertaking from the defendant, with two or more sureties, and shall cause all. material witnesses to enter into recognizance to appear at the time and place of trial, and return all such papers, together with a certified copy of entries on his docket, on or before the first term of the Probate Court next to be holden, which return and papers shall be filed in the Clerk's office of the Probate Court. Sec. 12.-It shall be the duty of the Probate Court to hear and determine the said appeal in the same manner as an issue of fact upon an indictment. * Sec. VI.-The jurisdiction of Justices extends to the limits of their respective ' counties, iuid within that limit it extends to all civil cases (except where the question *of title to, and boundaries of laud may arise) when the amount in controversy does not exceed one hundred dollars, and by the wish and consent of parties may be-extended to any amount: Provided, That where the amount in controversy exceeds.olie hundred dollars, the Justice shall have the same powers as other Courts of arbitration, , and shall have power to enforce his decision thereon, which decision shall be an end ¦"• of controversy; but all suits shall be brought in the precinct where the defendant resides: Provided, if payment is agreed to be made in any particular place, the suit may be brought in that place, if within the county; and, Provided also, if the defen-.. ,dant does not reside in the Territory nor county, suit may be commenced in any place ; .'forthis Territory, wherever he may be found. Sec. 14.-The parties in any action before a Justice of the Peace shall combine all ',/„their demands, which are of a nature to be consolidated, in one action or defence; and . Tor a-failure so to do shall forfeit the right of any remedy at law for their recovery; and-the defendant may at anytime pay the demand against him, and cost thus far accrued, either to the Justice or officer having the process, whereupon proceedings shall cease. Sec. 15.-Before any party before a Justice is entitled to a jury, the party demand-
Format image/jpeg
Identifier 040_Chapter 3_page_033.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 716994
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/716994