accessories, how punished. guilty of a felony, and, on conviction thereof be imprisoned for a term not exceeding five years and pay a fine not exceeding five thousand dollars. SEC. 2. That every person who shall be accessory to any of the felonies herein declared, either before or after the fact, shall be deemed guilty of a felony, and on conviction thereof be imprisoned for a term not exceeding five years and pay a fine not exceeding one thousand dollars. [June 23, 1874.] CHAPTER 465. June 23, 1874. 18 Stat. L., 251. Insane convicts Columbia. In AN ACT TO PROVIDE FOR THE CARE AND CUSTODY OF PERSONS CONVICTED IN THE SECTION 1. Insane convicts may be transferred to Hos- 2. Attorney-General may contract with State -to compensate asylums therefor. Be it enacted, &c. SECTION 3. Convicts restored to sanity to be returned to [SECTION 1], That upon the application of the Attorney-General, the may be transferred Secretary of the Interior be, and he is hereby, authorized and directed sane in District to transfer to the Insane Asylum, in the District of Columbia, all persons who have been or shall be convicted of any offense in any court of R. S., §§ 4851, the United States, and imprisoned in any State prison or penitentiary of any State or Territory, and who, during the term of their imprisonment, have or shall become and be insane. 4852. --Attorney-Gen for care of. SEC. 2. That in all cases where any person convicted in a court of the eral may contract United States shall, while imprisoned under such conviction in any State with State asylums prison or penitentiary, become and be insane, and there shall not be accommodation for such insane person at the Insane Asylum of the District of Columbia, or if for other reasons the Attorney-General is of opinion that such insane person should be placed at a State insane asylum rather than at said District Asylum, then the Attorney-General shall have power in his discretion to contract with any State insane or lunatic asylum, within the State in which such convict is imprisoned, for his care and custody while remaining so insane; -to compensate And in all cases where such convicts shall have heretofore been, or asylums therefor. shall hereafter be, transferred to a State asylum for insane convicts, in accordance with the laws of such State, the Attorney-General is hereby authorized and directed to compensate the said asylum, or the proper authorities controlling the same, for the care and custody of such insane convicts, until their removal or discharge, in such amounts as he shall deem just and reasonable; but no contract shall be made or compensation paid for the care of such insane person beyond their respective terms of imprisonment. Convicts restored to sanity to be returned to prison. Sanity, how determined. SEC. 3. That whenever such insane convict shall be restored to sanity, after he or she shall have been transferred under the provisions of this act, he or she shall be returned to the prison or penitentiary from which the transfer was made, provided the term of imprisonment shall not have expired. The questions of sanity in all cases arising under this act shall be determined in accordance with the rules and regulations of existing laws, State or national, on that subject, applicable to the prison, penitentiary, or asylum where such convict shall be confined. [June 23, 1874.] CHAPTER 466. AN ACT TO EXTEND THE TIME ALLOWED FOR THE REDEMPTION OF CERTAIN LANDS ERAL ACTS LEVYING DIRECT TAXES, AND FOR OTHER PURPOSES" APPROVED SECTION 1. Time extended to June, 1876, for redemption of lands sold for direct taxes. Be it enacted, &c. SECTION 2. Time extended for sale of unredeemed lands. June 23, 1874. 18 Stat. L., 252. direct taxes. [SECTION 1], That the time allowed in and by the first section of the Time extended act of Congress approved June eighth, eighteen hundred and seventy- for redemption two, entitled "An act to provide for the redemption and sale of lands of lands sold for held by the United States under the several acts levying direct taxes, 1872, ch. 337, § 1 and for other purposes" be and the same is hereby extended for the (17 Stat. L., 331). term of two years from the first day of June, eighteen hundred and 1875, Feb. 8, ch. 36, § 26. seventy-four. SEC. 2. That the operation of the fourth section of said act be, and--and of sale of the same is hereby, suspended until the expiration of said term of two unredeemed lands. 1872, ch. 337, § 4 years from said first day of June. [June 23, 1874.] (17 Stat. L., 331). CHAPTER 467. AN ACT TO AUTHORIZE THE USE OF GILT LETTERS FOR THE NAMES OF VESSELS. Names of vessels on stern may be in yellow or gilt letters. Be it enacted, &c., That (1) section three of the act entitled "An act concerning the registering and recording of ships and vessels," approved December thirty-first, seventeen hundred and ninety-two, is hereby so amended as to allow the name of any vessel to be painted upon her stern in yellow or gilt letters. [June 23, 1874.] NOTE. (1) The section here referred to, 1792, ch. 1, § 3 (1 Stat. L., 288), is incorporated into Revised CHAPTER 468. AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO AMEND AN ACT ENTITLED 'AN UNITED STATES,' APPROVED AUGUST 6TH, 1856. Court of Claims; three judges required for a quorum or to render decision. Be it enacted, &c., That any three judges of the Court of Claims shall constitute a quorum; Provided, That the concurrence of three judges shall be necessary to the decision of any case. [June 23, 1874.] June 23, 1874. 18 Stat. L., 252. Court of Claims; three judges required for quorum or to render decision. R. S., § 1052. CHAPTER 469. AN ACT IN RELATION TO COURTS AND JUDICIAL OFFICERS IN THE TERRITORY OF UTAH. SECTION 1. In Utah Territory, marshal to attend all sessions of supreme and district courts, &c. Service of process and mileage. Deputy marshals; their appointment, bond, oath, &c. -actions for misfeasance of, how brought. Sheriffs may serve process. SECTION 2. Attorney of United States for Utah to attend Fees for services of assistants. Prosecuting attorney may be elected in any Cost of prosecution, how paid. June 23, 1874. 18 Stat. L., 253. In Utah Terri [SECTION 1], That it shall be the duty of the United States marshal tory, marshal to of the Territory of Utah, in person or by deputy, to attend all sessions attend all sessions of the supreme and district courts in said Territory, and to serve and of supreme and disexecute all process and writs issued out of, and all orders, judgments, trict courts, &c. R. S., §§ 776-792, and decrees made by, said courts, or by any judge thereof, unless said court or judge shall otherwise order in any particular case. 1876-1907. Service of process and mileage. R. S., § 1875. R. S., § 780. All process, writs, or other papers left with said marshal, or either of his deputies, shall be served without delay, and in the order in which they are received, upon payment or tender of his legal fees therefor; and it shall be unlawful for said marshal to demand or receive mileage for any greater distance than the actual distance by the usual routes from the place of service or execution of process, writ, or other paper, to the place of return of the same, except that when it shall be necessary to convey any person arrested by legal authority out of the county in which he is arrested, said marshal shall be entitled to mileage for the whole distance necessarily traveled in delivering the person so arrested before the court or officer ordering such arrest. Deputy marSaid marshal is hereby authorized to appoint as many deputies as shals, their ap- may be necessary, each of whom shall have authority, in the name of pointment, bond, said marshal, to perform any act with like effect and in like manner as said marshal; and the marshal shall be liable for all official acts of such deputies, as if done by himself. Such appointment shall not be complete until he shall give bond to said marshal with sureties, to be by him approved, in the penal sum of ten thousand dollars, conditioned for the faithful discharge of his duties; and he shall also take and subscribe the same oath prescribed by law to be taken by said marshal, and said appointment, bond and oath shall be filed and remain in the office of the clerk of the supreme court of said Territory. -actions for mis In actions brought against said marshal for the misfeasance or nonfeasance of, how feasance of any deputy it shall be lawful for the plaintiff at his option, brought. to join the said deputy and the sureties on his bond with said marshal and his sureties. Sheriffs may serve processes. R. S., § 1876. Attorney of United States for Utah to attend all ecuting officer, appoint assistants, &c. R. S., 1875. Fees for services of assistants. Prosecuting at Any process either civil or criminal returnable to the supreme or district courts, may be served in any county, by the sheriff thereof or his legal deputy. and they may also serve any other process which may be authorized by act of the territorial legislature. SEC. 2. That it shall be the duty of the United States attorney in said Territory in person or by an assistant, to attend all the courts of record having jurisdiction of offenses as well under the laws of said Territory as of the United States, and perform the duties of prosecuting officer in all criminal cases arising in said courts, and he is hereby authorized to ap point as many assistants as may be necessary, each of whom shall subscribe the same oath as is prescribed by law for said United States attorney and the said appointment and oath shall be filed and remain in the office of the clerk of the supreme court of said Territory, The United States attorney shall be entitled to the same fees for services rendered by said assistants as he would be entitled to for the same services if rendered by himself. The territorial legislature may provide for the election of a prosecuttorney may be ing attorney in any county; and such attorney, if authorized so to do &c. by such legislature, may commence prosecutions for offenses under the elected in any laws of the Territory within such county, and if such prosecution is car- county; his duties, ried to the district court by recognizance or appeal, or otherwise may aid in conducting the prosecution in such court. Costs of prosecu And the costs and expenses of all prosecutions for offenses against any law of the territorial legislature shall be paid out of the treasury of tions, how paid. the Territory. preme and district courts. R. S., § 1916. SEC. 3. That there shall be held in each year two terms of the supreme Terms of sucourt of said Territory, and four terms of each district court, at such times as the governor of the Territory may by proclamation fix. The district courts shall have exclusive original jurisdiction in all suits or proceedings in chancery, and in all actions at law in which the sum jurisdiction. or value of the thing in controversy, shall be three hundred dollars or upward, and in all controversies where the title, possession, or boundaries of land, or mines or mining claims shall be in dispute, whatever their value, except in actions for forcible entry, or forcible and unlawful detainer; and they shall have jurisdiction in suits for divorce. R. S., § 1910. Probate courts, Probate courts, in their respective counties shall have jurisdiction in the settlement of the estates of decedents, and in matters of guardian- jurisdiction. R. S., § 1907. ship and other like matters; but otherwise they shall have no civil, chancery, or criminal jurisdiction whatever; they shall have jurisdiction of suits of divorce for statutory causes concurrently with the district courts; Divorce cases But any defendant in a suit for divorce commenced in a probate court shall be entitled after appearance and before plea or answer, to have may be removed to district courts. said suit removed to the district court having jurisdiction when said suit shall proceed in like manner as if originally commenced in said district court. Probate courts R. S., § 23873294. Nothing in this act shall be construed to impair the authority of the probate courts to enter land in trust for the use and benefit of the occu- may enter lands in pants of towns in the various counties of the Territory of Utah accord. trust. ing to the provisions of (1) "An act for the relief of the inhabitants of cities and towns upon public lands," approved March second, eighteen hundred and sixty-seven and "An act to amend an act entitled 'An act for the relief of the inhabitants of cities and towns upon the public lands" approved June eighth, eighteen hundred and sixty-eight; or to discharge the duties assigned to the probate judges by an act of the legislative assembly of the Territory of Utah entitled "An act prescribing rules and regulations for the execution of the trust arising under an act of Congress entitled 'An act for the relief of the inhabitants of cities and towns upon the public lands."" All judgments and decrees heretofore rendered by the probate courts - certain judg. which have been executed, and the time to appeal from which has by ments of, conthe existing laws of said Territory expired, are hereby validated and firmed. confirmed. The jurisdiction heretofore conferred upon justices of the peace by the organic act of said Territory is extended to all cases where the debt or sum claimed shall be less than three hundred dollars. From all final judgments of justices of the peace an appeal shall be allowed to the district courts of their respective districts, in the same manner as is now provided by the laws of said Territory for appeals to the probate courts; and from the judgments of the probate courts an appeal shall lie to the district court of the district embracing the county in which such probate court is held in such cases and in such manner as the supreme court of said Territory may, by general rules framed for that purpose, specify and designate, and such appeal shall vacate the judgment appealed from, and the case shall be tried de novo in the appellate court. Appeals may be taken from both justices' and probate courts to the district court of their respective districts in cases where judgments have NOTE.-(1) The provisions here referred to of the act of 1867, ch. 177 (14 Stat. L., 541), and act of 1868, ch. 53 (15 Stat. L., 67), are incorporated into Revised Statutes in the sections noted in the margin. Justices of peace-jurisdiction extended. Appeals from justices of peace and probate courts. Writs of error from Supreme Court of U.S. R. S., § 702. been heretofore rendered and remain unexecuted; but this provision shall not enlarge the time for taking an appeal beyond the periods now allowed by the existing laws of said Territory for taking appeals. A writ of error from the Supreme Court of the United States to the supreme court of the Territory shall lie in criminal cases, where the accused shall have been sentenced to capital punishment or convicted 93 U. S., 465. of bigamy or polygamy. Judge of any dis Whenever the condition of the business in the district court of any trict may have as- district is such that the judge of the district is unable to do the same, sistance of other he may request the judge of either of the other districts to assist him, judges. and, upon such request made, the judge so requested may hold the whole or part of any term, or any branch thereof, and his acts as judge shall be of equal force as if he were duly assigned to hold the courts in such district. Jury-list, how prepared, &c. 98 U. S., 153. Drawing and summoning jury. names drawn not to be returned until, &c. - additional ju SEC. 4. That within sixty days after the passage of this act, and in the month of January annually thereafter, the clerk of the district court in each judicial district, and the judge of probate of the county in which the district court is next to be held, shall prepare a jury-list from which grand and petit jurors shall be drawn, to serve in the district courts, of such district, until a new list shall be made as herein provided, Said clerk and probate judge shall alternately select the name of a malé citizen of the United States who has resided in the district for the period of six months next preceding, and who can read and write in the English language; and, as selected, the name and residence of each shall be entered upon the list, until the same shall contain two hundred names, when the same shall be duly certified by such clerk and probate judge; and the same shall be filed in the office of the clerk of such district court, and a duplicate copy shall be made and certified by such officers, and filed in the office of said probate judge. Whenever a grand or petit jury is to be drawn to serve at any term of a district court, the judge of such district shall give public notice of the time and place of the drawing of such jury, which shall be at least twelve days before the commencement of such term; and on the day and at the place thus fixed, the judge of such district shall hold an open session of his court, and shall preside at the drawing of such jury; and the clerk of such court shall write the name of each person on the jury lists returned and filed in his office upon a separate slip of paper, as nearly as practicable of the same size and form, and all such slips shall, by the clerk in open court, be placed in a covered box, and thoroughly mixed and mingled; and thereupon the United States marshal, or his deputy, shall proceed to fairly draw by lot from said box such number of names as may have previously been directed by said judge; and if both a grand and petit jury are to be drawn, the grand jury shall be drawn first; and when the drawing shall have been concluded, the clerk of the district court shall issue a venire to the marshal or his deputy, directing him to summon the person so drawn, and the same shall be duly served on each of the persons so drawn at least seven days before the commencement of the term at which they are to serve; and the jurors so drawn and summoned shall constitute the regular grand and petit juries for the term for all cases. And the names thus drawn from the box by the clerk shall not be returned to or again placed in said box until a new jury-list shall be made. If during any term of the district court any additional grand or petit rors during term jurors shall be necessary, the same shall be drawn from said box by the United States marshal in open court; but if the attendance of those drawn cannot be obtained in a reasonable time, other names may be drawn in the same manner. time. Challenges. Each party whether in civil or criminal cases, shall be allowed three peremptory challenges except in capital cases where the prosecution and the defense shall each be allowed fifteen challenges. |
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