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Chapter 4_page_035

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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 4_page_035
Description r .LAWS OK UTAH. 85 Sec. 8.-The officer shall execute the order without unnecessary delay, and make • return of his proceedings at the earliest possible date. ' : Sec. 9.-Every court shall preserve its papers, and shall keep records of its proceedings, which shall be .subject to the inspection of any interested person or court; and upon requirement'such party shall be furnished a certified copy of any part thereof, which shall bo evidence of tho matter set forth therein, provided pay be tendered for so doing. Sec. 10.-All trials shall be had in the county where the cause of action originated, or where the defendant resides, if a citizen of the Territory; otherwise where the plaintiff may prefer: Provided, it may be tried in any place where the parties may agree. Sec. 11.-Previous to trial, when the sum in question exceeds twenty dollars, if either party request ajnry, the court shall issue an order to the proper officer, requiring him to summon for that purpose, not less than three nor more than twelve qualified persons and residents of the county. Sec. 12.-Previous to swearing persons drawn or selected to serve as a petit jury, «ach party may challenge, for cause, to the number that either or both parties may be able to produce what to them seems to be good cause, the validity of said cause to be determined by the court; and each party may, as aforesaid, peremptorily challenge as many as four persons. Sec. 13.-When the persons for jurors are selected they shall be sworn to give a just verdict, and to have no communication about the case in trial with any but the court or a fellow juror, until they have agreed upon their'answer, which must be done with diligence, and may be given when two-thirds of their number concur. Sec. 14.-Depositions may be taken and used in evidence, when the circumstances require it: Provided, when there is an opposite party, he is seasonably notified of the person, time and place. Sec. 15.-The Court of its own will, or at the request of either party, may require proper bail for the appearance of person, or for the security or forthcoming of property, and in cases of appeal. Sec. 16.-When property taken by virtue of an order of a court is to be sold at auction, the officer in charge shall give notice of the time and place of sale, and a summary of the kind of property, allowing the intervention of a reasonable length of time. Sec. 17.-Every person required to execute the order of a court shall proceed therein with diligence, and make return without delay. Sec. 18.-All persons over eighteen years of age, (excepting insane persons and idiots) whether male or female, may sue or be sued in the Courts of this Territory. Sec. 19.-Any Court having jurisdiction of the matter of grievance may appoint a temporary guardian to prosecute or defend for a person under eighteen years of age, un insane person, or idiot. Sec. 20.-If a defendant has reasonable objection to the Court, ho shall make it known without delay, after receiving notification, and if found good, upon agreement of the parties and Court, another person may be substituted with full power to try that case, or the case shall be removed forthwith to another Court. Sec. 21.-When ordered by a Court, an officer shall take any and every description of property wherever it can be found, and shall search for any and every description of property that is concealed. Sec. 22.-Every Court is empowered to enforce its orders, and to punish by a reasonable preventive amount of fine, when the circumstances obviously require it, and all such fines shall be paid into the county treasury. Sec. 23.-An appeal from the decision of a Justice's Court may be taken when the sum in question exceeds twenty dollars; and from the Probate and District Courts for any sum exceeding fifty dollars; and the Court may require the costs paid, and security given that the final judgment shall be complied with and the appeal prosecuted -with' diligence. Sec. 24.-Justices of the Peace and Judges of Probate shall issue papers and hear and determine cases when business requires. Sec. 25.-The plaintiff shall state in his complaint every known item of grievance, and the defendant shall state in his answer every known set off", so that the issue of tho trial may be a final settlement: Provided, that aay matter accidentally omitted may be included after joining issue. Sec. 26.-If a person instigate or bring a suit which upon investigation proves to be vexatious, so soon as this fact is known, all proceedings therein shall be stopped; And he shall be compelled to make restitution to the aggrieved party in double the amount of damages sustained, and may be fined at the discretion of the Court. Sec. 27.-Any depfl of conveyance made by a sheriff or collector of taxes, in pursuance of an order of Court, and executed and recrried according to the statutes of the Territory, shall be deemed valid in law; and any da^d heretofore made by those offir
Format image/jpeg
Identifier 042_Chapter 4_page_035.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 716996
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/716996