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Chapter 30_page_065

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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 30_page_065
Description LAWS OF UTAH. 65 require bonds for good behavior for not less than three months nor longer than hia stay in this Territory, or retain him a discretionary length of time. Sec. 2.-Any person being present at the commission of an offense, shall forthwith take the offender before the nearest Justice or Probate Judge for examination. Sec. 3.-Whena complaint is made, under oath, that an offense has been committed, the Justice or Judge shall issue an order, requiring an officer to take all requisite steps to bring the offender before him. Sec. 4.-When a person accused of committing an offense is brought before a Justice or Judge, he shall determine whether such person shall be put upon trial or released. Sec. 5.-If it be determined that the accused be put upon trial, and the Justice or Judge has jurisdiction of the case, he shall appoint a time therefor; and if not, he shall order an officer to take him and the necessary papers to a court having jurisdiction. Sec. 6.-The Justice or Judge shall issue an order to an officer to summon all the witnesses required, but neither party shall have more than three witnesses to prove the same fact. Sec. 7.-At the time of trial if the accused or an important witness be absent, the Court shall issue a compulsory order for his appearance, and may adjourn until it can be had. Sec. 8.-When the accusation is read, if the accused confess he is guilty, the Court may inquire into the amount of guilt and decide accordingly; and if not, the evidence on the part of the accusation shall be heard, and then that of the accused; after which, if either party can satisfy the Court that important evidence, which he can procure, is still wanting, his demand may be complied with; when all the evidence is heard, the accuser may make such applicable remarks as he deems proper, and also the accused, and the Court shall render judgment as soon as practicable. Sec. 9.-In jury cases, before the introduction of any evidence, the Court shall issue an order, requiring an officer to summon for that purpose a reasonable number of judicious men residents of the county, out of which twelve, or a less number if agreed upon, shall be selected; and if the number first summoned is not sufficient, the officer shall continue to summon till the number is complete. Sec. 10.-Previous to swearing persons drawn or selected to serve as a petit jury, each 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 six persons. Sec. 11.-The persons selected shall be sworn to try the case faithfully and give a just verdict, and have no communication concerning the case, until they are discharged, with any but a fellow juror, or with the Court personally, or through the officer in whose charge they may be placed. Sec, 12.-The Court shall instruct the jury on the law and equity in the case, and give them such other instructions as may be necessary. Sec. 13.-If the jfciry have to retire to agree upon their verdict, the. Court shall direct an officer to keep them separate from all others, and to prevent their communicating with any but the Court, until they are discharged. Sec. 14.-The verdict of the jury shall be made by their unanimous agreement, and in writing, and be presented to the Court and read in the presence of the accused; and in capital cases shall read "guilty" or "not guilty;" and in other cases, if against the accused, shall state the amount of damages and the nature and extent of the punishment. Sec. 15.-After being furnished all necessary information, if the jury satisfy the Court that they cannot agree, they shall be discharged, and the Court shall cause another jury to be arranged and proceed again to try the case. Sec. 16.-The Court shall award the costs, and authorize and require a proper officer to execute the judgment. Sec. 17.-When necessary, the Court shall issue an order requiring an officer to .summon fifteen judicious men, residents of the county, for a grand jury, who shall be sworn to inquire faithfully into offences, and present indictments by the agreement of at least twelve of their number against offenders who should be prosecuted; and the Foreman shall have power to swear witnesses and compel their attendance. Sec. 18.-The indictments must be made in the name of the people, and must state the name of the offender, the offense, the manner of committing it, and, as near as may be, the time and place of its occurrence; be signed by the Foreman, with the names of the required witnesses written thereon, and be presented to the Court, who may correct mistakes that do not pi-ejudice the trial. When the name of an offender is not known, he may be proceeded against with any name. Sec. 19.-In answer to the accusation the accused may state "guilty," or "not guilt3T;" may object to the jurisdiction of the Court, or urge a former acquittal in the
Format image/jpeg
Identifier 072_Chapter 30_page_065.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 717026
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/717026