Page:United States Statutes at Large Volume 18 Part 3.djvu/283

· FORTY-THIRD CONGRESS. Sess. I. OH. 469. 1874. 253 CHAP. A69.—An act in relation to courts and judicial onlcers in the Territory of Utah. J unc 23, 1874. Be it enactedby the Senate and House of Representatives of the United ‘ States of America. m Congress assembled, That it shall be the duty of the Ullmd 5*** t ° ¤ United States marshal of the Territory of Utah, in person or by deputy, $*:0 Ugg;} to attend all sessions of the supreme and district courts in said Terri ,,fi”,,;,,§,.,¤` gr sttory, and to serve and execute all process and writs issued out of, and pr-cms and district all orders, Judgments, and decrees made by, said courts, or by any judge °°“**¤» &° thereof, unless said court or judge shall otherwise order in any particular case. All process, writs, or other papers left with said marshal, or Service ofproeess. e1ther 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 mile- M“°¤H°· age 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 m which be is arrested, said marshal shall be entitled to mileage for the whole distance necessarily traveled in delivering the person so arre ted before the court or officer ordering such arrest. Said marshal is hereby Appointment and authorized to appoint as many deputies as may be necessary, each of¤_¤t¤¤¤‘ity ¤f d¤P¤· whom shull have authority, in the name of said marshal, to perform any ms; _ _ act with like effect and in like manner as said marshal; and the marshal s,g:{Q;Q¥,fY,;’f),{,';‘;'{ shall be liable for all official acts of such deputies, as if done by himself. ,w,,,_ ° u Such appointment shall not be complete until he shall give bond tosstid Deputies to give marshal, with sureties, to be by him approved, in the penal sum ~of ten l>¤¤d· thousand dollars, conditioned for the ihithful discharge of his duties; - and he shall also take and subscribe the same oath prescribed bylaw to Oath. be taken bysaid marshal, and said appointment, bond and oath shall be A1>r<>i ¤ t m ¤ ¤ tt iilerl and remain in the office of the clerk of the supreme court of said }jf;{‘· ““‘* °“*"*’°*’° Territory. In actions brought against said marshal for the misfcusaucc A,;,,,,,,, for 1,,,,, or non-ieasance of any deputy it shall be lawful for the plaintiif at his feascnce or non-few option, to join the said deputy and the sureties on his bond with said ¤¤·¤¤¤ °fd¤P¤¤Y· marshal and his sureties. Any process either civil or criminal return- ‘ ableito `the supreme or district courts, may be served in any county, by _ Authmty of 5h0f- the sheriff thereof or his legal deputy. and they may also serve any mbpther process which may be authorized by act of the territorial legis ature. — Sec. 2. That it shall be the duty of the United States attorney in said United States at- Territory in person or by an assistant, to attend all the courts of record g’)$‘g'°*l’ ggggfg °n having jurisdiction of offenses as well under the laws of said Territory as T0 l,,,,;,,,,,, (mm, of the United States, and perform the duties of prosecuting officer in all efprtseqntgngomm criminal cases arising in said courts, and he is hereby authorized to appoint i¤ all ¤¤·¤¤¤¤el¤¤¤¤¤¤- as many assistants as may be necessary, each of whom shall subscribe the B#;3s“PP°‘““ “°‘ same oath as isprescribedby law for said United States attorney and the gw_' said appointment and oath shall be filed and remain in the office of the Appointment and clerk of the supreme court of said Territory, The United States attorney oath to be filed. 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. 1"rosecuting attor- The territorial legislature may provide for the election of a prosecuting ;‘lf¥uIf;,“g'°;’lft°1°°*°d attorney in any county; and such attorney, if authorized so to do by such A,,,,,,,,,,,,, ygmdu legislature, may commence prosecutions for offenses under the laws of territorial laws. _, the Territory within such county, and if such prosecution is carried to _ Whqggroscqntipn the district court by recognizance or appeal, or otherwise may aid in 21;:;**. *’° d*“°“°* conducting the prosecution in such court. And the costsand expenses cms_ &c__ 0 f of all prosecutions for oiienses against any law of the territorial legnsla- prosecutions, n ow ture shall be paid out of the treasury of the Territory. rand. Sec. 3. That there shall beheld ineach year two terms of the supreme Terms of supreme courtof said Territorj , and four terms of ea¢ district court, at miehtinucs ”·“d ‘l}“§"°P °°‘;_’2“·_ as the governor of the Territory may by proclamation fix. The district tr£2gg£'°°‘? d ' courts shall have exclusive original jurisdiction in all suits or proceedings ‘ — iu chencery, and in all actions at law in which the sum or value of the