Chapter 32_page_067

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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

Page Metadata

Title Chapter 32_page_067
Description LAWS OF UTAH. 67 Sec. 6.-No appeal shall be taken to the Supreme Court, unless within two years after the rendition of the judgment in civil cases; or, in case the person entitled to such appeal be an infant or of unsound mind, or imprisoned, then within three years after such disability ceases, except the party appealing be a non-resident, and, if so, within four years; and, in criminal cases; the appeal must be taken to the next Supreme Court after the judgment, provided there is sufficient time after the rendition of judgment; if not, then to the next Supreme Court succeeding. Sec. 7.-The hearing of the Supreme Court shall be upon the record and argument of counsel; and the District Court is hereby required to sign all bills of exceptions taken to its rulings, decisions or charge to the jury, which shall be incorporated into and constitute part of the record of the cause; and, upon refusal to sign such bills of exceptions, the same may be signed by two spectators, under oath, or two disinterested attorneys; and when so signed shall be of equal validity as if signed by the Judge. Sec. 8.-When the judgment, final order or decree shall be reversed, either in whole or in part, the Supreme Court may render such judgment as the Court below should have rendered, or remand the cause to the Court below to proceed according to the decision of the Supreme Court; and execution may issue from the Supreme Court, or a special mandate to the Clerk of the Court below to proceed upon the judgment as the Supreme Court may direct. Sec. 9.-When a judgment, order or decree is reversed, the appelant shall recover his cost; and when reversed in part and affirmed in part, the cost shall be equally divided between the parties. Sec. 10.-In case the Supreme Court tit any regular session adjourn the term of said Court, all cases tried and determined in the District Court may be removed to such adjourned term in the same manner as provided in this act for taking cases to the regular term, and may be heard and determined at such adjourned term of said Court. Approved January IS, 1861. CHAPTER XXXII. In relation to Commitment and Bail, Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territo^ of Utah: That, if it shall appear to any Magistrate, to whom complaint is made or before whom any prisoner is brought, that an offense has been committed, and that there is probable cause to believe the prisoner guilty, and if the offense be bailable and the prisoner offer sufficient bail, or the amount of money in lieu thereof, it shall be taken and the prisoner discharged; but if no sufficient bail be offered, or the offense be not bailable, the prisoner shall be committed for trial. Sec. 2.-When a Magistrate admits a prisoner to bail, or commits him, he shall also bind by recognizance such witnesses against the prisoner as he shall deem material, to appear and testify at the next Court having recognizance of the offense, and in which the prisoner shall be held to answer. Sec. 3.-The testimony of the witnesses examined shall be reduced to writing by the Magistrate, or under his direction, when he shall think it necessary, and shall be signed by the witnesses, if required by the Magistrate. Sec. 4.-All examinations and recognizance taken by any Magistrate shall be ce* tified and returned by him to the Prosecuting Attorney, or .to the Clerk of the Court, before which the party charged is bound to appear, on or before the first day of the sitting thereof; and if such Magistrate shall neglect or refuse to return the same he may be compelled forthwith, by rule of Court; and in case of disobedience may be proceeded against by attachment as for contempt. Approved January 16, 1861.
Format image/jpeg
Identifier 074_Chapter 32_page_067.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 717028
Reference URL