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Chapter 12-13_page_042

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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

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Title Chapter 12-13_page_042
Description 42 LAWS OF UTAH. CHAPTER XII. An A CT concerning Writs of Replevin. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That when aoy person or persons shall have any species of property in his, her, or thejir possession, and such property shall be claimed by some other person or persona, and be demanded by such other person or persons, and if it be not given to the party or persons that have made the demand, the party demanding may file an affidavit, giving good security to the opposite party for costs and damages, before any Justice of the Peace within the county where such property may be situated, or other court having jurisdiction, or such person or party holding such property may. be found, (or where he, she, or they may reside) the affidavit shall state that he, she, or they are the rightful owner of such property, describing the same, and in. whose possession it may be found, the court of justice Bhall issue a writ, directed to the sheriff, or constable, or other officer. . Sec. 2.-Such sheriff, or constable, or other officer, shall serve such writ of replevin, and the officer shall execute such writ by taking into his custody all such property that is specified in the writ, and safely keep the same until a decree of the eourt shall be had thereon; the officer shall deliver all such property to the person or party in whose favor the decree of the court shall have been made. Sec. 3.-In all cases the defendant shall have the right to give good and; sufficient bail to the court issuing a writ of replevin, conditioned for the payment of all damages and costs; and when bail is extended, the defendant may retain the property replevied, until a decision of court shall be had, when it shall be delivered to the person in whose favor the decision of the court shall be given. In case the defendant shall not give bail as herein provided for, the plaintiff may, by giving bonds with securities approved by the court, for all costs and damages that may accrue, take into hi3 possession the property in dispute, and retain the same until a decree of the court shall be had thereon. Sec. 4.-A justice of the peace may issue a writ for the replevy of property, and try all cases of replevin, where the amount of property in dispute shall not exceed one hundred dollars; where the amount in dispute shall exceed that sum, he shall transmit a copy of his proceedings in issuing said writ to a higher court, who shall try all such cases, the same as if the writ had been issued from that respective, court. Approved March S, 1852. , ¦xo:- CHAPTBR XIII. An A CT declaring certain things to be property, specifying the owner thereof, defining the. mode for recovering its possession, and providing for redress of any grievances that may arise from proceedings under this act. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That any person who has inclosed, or may hereafter inclose, a portion or portions of unclaimed government land, or caused it to be done at his expense; or haB purchased, or may hereafter purchase, such inclosure; or erected, caused to be erected, or purchased any building or other improvement thereon, or may hereafter do so, is hereby declared to be the lawful owner of the claim to the possession of such inclosed land, and the lawful owner of the improvements thereon and thereunto appertaining; and he shall be so deemed and held in all legal proceedings, and in all rights and doings pertaining or relating to the aforesaid property. Sec. 2.-The owner of any property specified in the foregoing section is hereby authorized, in order to recover possession thereof, to request, without process from any court or officer thereof, any constable, sheriff, or any deputy of either of said officers, to proceed forthwith to remove any person and his effects, who lias unlawful or forcible possession of f-aid property; or to remove any tenant thereon or therein,
Format image/jpeg
Identifier 049_Chapter 12-13_page_042.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 717003
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/717003