Chapter 4_page_034

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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 4_page_034
Description S4 LAWS Ob- UTAH. ing the jury shall deposit the fees to which they will be entitled; and the same shall be included in the judgment as part of the costs to be received, if adjudged against the party who did not advance them. Sec. 16.-All records, dockets, and papers pertaining to the office of any Justice of the Peace, must be transmitted to his successor in office; and such successor may issue execution, and act in any case so transmitted, the same as if the case had been commenced before him; and in case of any disability or necessary absence of the Justice at the time fixed for trial or proceeding, any other Justice of the Precinct may, at his request, attend and transact the business for him without any transfer of the business to another office. Sec 17.-The Justice may in writing depute any discreet person to act as Constable, when no Constable is at hand, and the nature oi" the business shall require immediate attention. Sec. 18.-Any Justice of the Peace may officiate as Coroner when occasion may require, by holding inquest upon the bodies of such persons as may be found dead, or may have died suddenly, or by violence, or in any manner that may create suspicion of crime; it shall be his duty to take in writing the evidences that may be adduced in such cases, also his own decision thereon, the names of several persons present at the investigation, and file the same in the Clerk of Probate's office; and he shall have authority to summon to his assistance such persons as he may deem necessary to hold s-ach inquest, and dispose of or inter said body as he shall think proper. Se6. 19.-It shall be the duty of each and every Justice of the Peace to punish by fine not exceeding one hundred dollars, at his discretion, any person or persons who shall bring before him a vexatious lawsuit through malice, or private pique, against the defendant; all fines so collected shall be paid into the country treasury. Approved Feb. 4, 1852. CHAPTER IV. In. ACT regulating the mode of procedure in civil cases in the Cowts of the Territory of Utah. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That all the courts of this Territory shall have law and equity jurisdiction in civil cases, and the mode of procedure shall be uniform in said courts. Sec. 2.-Any person seeking redress shall make his complaint in writing and under oath, before the justice or judge of the proper court. Sec. 3.-When a complaint is filed, the court shall issue to the defendant a notice containing a copy of the complaint, and the time and place for the investigation thereof. Sec. 4.-The notice, or any process required before trial, may be served by the party, or agent, by reading the same to the person to whom directed, or by leaving a certified copy thereof at his usual place of abode; and certification of the time and manner of such service shall be made to the court, on or before, the day of trial, under oath and in writing, signed by the party serving. Sec. 5.-At the time named for trial, if either or both parties be absent, or if present, either party, having used due diligence, is not ready for trial, the court may adjourn the case or proceed, as justice shall require; and no demands of either party that have arisen after the date of the complaint shall be admitted in the trial. Sec. 6-The defendant shall file his answer in writing and under oath, at tho^ time of trial, unless by order of the justice or judge he has previously so filed it;^ the plaintiff shall then introduce his evidence, which shall be followed by that of the defendant; and thus alternately until all the evidence is introduced; and either party may then be required to give his testimony in the case. When the evidence is closed, the plaintiff may make such applicable remarks as he deems proper, to be followed, by the defendant with the same privilege, whereupon the court shall render judgment as soon as practicable. . Sec. 7.-When judgment is rendered and the party in fault refuses or neglects to comply, upon request or of its own will the court shall issue an prder to tho proper officer, requiring him to enforce the judgment. ... •
Format image/jpeg
Identifier 041_Chapter 4_page_034.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 716995
Reference URL