Chapter 23_page_061

Download item | Update item information
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 23_page_061
Description LAWS OF UTAH. 61 An officer, who in the execution of public justice puts a person to death in virtue of a judgment of a competent court of justice, shall be justified; the officer must, however, proceed in the performance of his duty according to the direction of the court and the law of the land. Sec. 115.-Excusable homicide, by misadventure, is when a person, in doing a lawful act without any intention of killing, yet unfortunately kills another, as when a man is at work with an axe, and the axe flies off the handle and kills a bystander, it is only a misadventure; and all other instances which stand upon the same footing of reason and justice as those enumerated, shall be considered justifiable or excusable homicide. The homicide appearing justifiable or excusable, the person indicted shall, upon his trial, be fully acquitted and discharged. TITLE XII. General definitions and provisions as to Crimes and Offenses. Sec. 116.-Public offenses are divided into felony and^ misdemeanors. A felony is an offense punishable with death, or imprisonment for *a term of one year or more; every other offense is a misdemeanor. No person can be punished for a public . offense, except upon legal conviction in a court having jurisdiction thereof. All criminal prosecution shall be commenced and carried on in the name of "the people of the United States in the Territory of Utah." Sec. 117.-No person shall be subject to a second prosecution for a public offense for which he has been once prosecuted, and legally convicted or acquitted. Sec. US.-Words importing the singular number only may be extended to several persons or things; and words importing the plural number only may be appiied to one person or thing; and words importing the masculine gender only may be extended to females. All words and phrases shall be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such peculiar and appropriate meaning. Sec. 119.-A private person, who has arrested another for the commission of a public offense, must without unnecssary delay take him before a magistrate, or deliver him to a peace officer. Sec. 120.-There is no distinction between an accessory before the fact and a principal, in the commission of a public offense; whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, they must be indicted, tried and punished as principals. An accessory after the fact may be indicted, tried and punished, though the principal be neither tried nor convicted. , Sec. 121.-Upon a trial for enticing or taking away an unmarried female of previously chaste character, for the purpose of prostitution, or aiding or assisting therein, or for seducing and debauching any unmarried woman of previously chaste character, or on trial for rape or attempt to commit rape, the testimony of the party injured being corroborated by the attending circumstances, tending to convict the defendant of the commission of the offense shall be deemed sufficient. Sec. 122.-When a person is convicted of a public offence, the punishment for which is imprisonment, the court may direct that he wear a ball and chain, and that he perform hard labor during the term of his imprisonment. Sec. 123.-No conviction and consequent punishment of imprisonment and fine shall be any bar to a civil suit for damages. Sec. 124.-When any person shall be convicted of any crime, the punishment of which is #death according to the provisions of this act, and sentenced to die, said person shall suffer death by being shot, hung, or beheaded, as the court may direct; or the person so condemned shall have his option as to the manner of his execution. Approved March 6, 1852. CHAPTER XXIII. An ACT in relation to Defrauding and Cheating or Swindling. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That any person in any manner knowingly a party to wrongfully convey-
Format image/jpeg
Identifier 068_Chapter 23_page_061.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 717022
Reference URL