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Chapter 31_page_066

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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 31_page_066
Description 66 .HAWS OF UTAH. same case; and during the trial either party may object, in writing, to any decision of the Court which he considers unjust. Sec. 20.-When the Court has not jurisdiction, or the accused give other satisfactory evidence for removal, an officer shall be required to take the accused, the indictment and all necessary papers to the nearest Court having jurisdiction. Sec. 21-In all cases bail may be required of witnesses, and in all but capital offenses may be taken of the accused for appearance at time and place of trial. Sec. 22.-When it is not reasonable that the witness be present at the trial, his deposition may be taken in the presence of the parties, or without that presence if it be waived. # Sec 23.-If a juror by any cause be incapacitated for attendance through the trial, it may proceed, and the verdict shall be valid. Sec. 24.-The property of a person accused of an offense shall be held depending the execution of the judgment. Sec. 25.-Immediately after judgment appeals may be taken by either party, on written objections to illegal or unjust proceedings on the part of the Court or jury, and the objections must be certified up by the Court, upon which a Superior Court may confirm, reverse or modify the judgment, or order anew trial. Sec. 26.-Prosecution for offense must be commenced as soon after the offense has been committed, or tlie offender is known, as the circumstances will warrant. Sec. 27.-The officer entrusted shall execute the order or judgment of the Court; and is hereby authorized and empowered to break any and every description of fastenings that may obstruct his search for such persons or properly as he presumes to be concealed; and7 shall make return thereof with diligence. Sec.28.-The Court shall have power to punish lot- contempt and disobedience to orders, by a reasonable preventive amount of fine; and all fines shall be paid into the county treasury. Approved Jan. 21,1853. CHAPTER XXXI. Providing for Appeals to the Supreme Court. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That hereafter whenever any final order, judgment or decree is made or rendered in the District Court of the Territory, the party aggrieited may have the same reviewed in the Supreme Court on appeal, by obtaining, from the Clerk of the Court making or rendering such order, judgment or decree, a complete transcript of the record of the case, which shall be filed with the Clerk of the Supreme Court. Sec. 2.-On application for such record and tender of the legal fees therefor, if the Clerk shall refuse or neglect to make out and deliver or transmit the same, he shall be punished for contempt and be disqualified to act as Clerk. Sec. 3.-In case the order, judgment or decree in the District Court is for the payment of money, the appeal to the Supreme Court shall not operate as a stay of execution, unless the party appealing shall enter into a super,sedeas bond in double the amount of the money adjudged to be paid, with sureties to be approved by the Clerk or Court, and conditioned to pay the amount awarded against the appelant in the Supreme Court, and all costs that may accrue by reason of such appeal. -¦¦*n^±; Sec. 4.-From judgments in criminal cases less than capital, the defendant may appeal by entering into bonds, with sureties to be approved In like manner, in such sum as the District Court or Judge may determine, conditioned to abide the jndgment of the Supreme Court; and in capital cases, the defendant may also appeal, as provided in the first section for civil cases, but must remain committed, unless the judgment is reversed and a discharge ordered by the Supreme Court; Sec. 5.-In all cases of appeal, as herein provided, the party appealing in civil cases shall serve a written notice upon the adverse party, or the attorneys of record in the case, sixty days before the sitting of the Supreme Court, (unless such notice be waived), that an appeal has been taken; and, in criminal cases, a similar notice shall bo served upon the attorney who prosecuted the defendant in the District Court. .
Format image/jpeg
Identifier 073_Chapter 31_page_066.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 717027
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/717027