shall enter such cases so decided, upon their dockets, and proceed as in other cases. Justices of the Peace in their respective Counties, have jurisdiction of, and may try, hear, and determine public offences, where the punishment imposed by law, does not exceed one hundred dollars fine, or imprisonment does not exceed six months, or when the punishment is by both such fine and imprison ment. SEC. 5. Criminal actions for the commission of public Criminal ac tions may be offences may be commenced before a Justice of the Peace,commenced h by information, subscribed and sworn to, and filed with fore a justice the Justice; the Justice must file such information and note the time of filing. Justice may 11 sue warrant t where within SEC. 6. Immediately upon the filing of such information, the Justice may in his discretion issue his warrant, be served any directed to any Sheriff, Constable, or peace officer, forthe Teritory the arrest of the defendant, and such warrant may be served in any county or district within the Territory. SEC. 7. The officer who receives the warrant must serve criminal to be the same by arresting the defendant if in his power, and brought before bringing him without unnecessary delay, before the Jus issues the war tice who issued the same. the justice who rant. SEC. 8. If the defendant do not demand a trial by jury, the Magistrates must proceed to try the issue: in case a jury be demanded, the Justice shall cause a jury of sixJury of 6 men men having the qualifications of Jurors, inhabitants of the County to be empannelled, who being duly sworn or affirmed, shall constitute the jury. No challenge to the pannel is allowed; but the prosecutor and defendant may each challenge for cause; and the defendant may be allowed the pre-emptory challenge of three Jurors: a further number of Jurors shall be summoned to fill up, as the jury shall be exhausted by challenges. Judgment may be fine or i SEC. 9. The verdict of the jury shall be entered upon the Magistrate's docket, and the Magistrate must render judgment thereon of fine, or imprisonment, or both, as the case may require; and when a fine is assessed, the Justice mayprisonment, of direct that the defendant be also imprisoned until the fine is satisfied: Provided, That the Magistrate may hire out said defendant to service until the fine is paid. If the defend- both. Justice to make ant be acquitted by either the Justice or jury, he must be immediately discharged. SEC. 10. Within twenty days after any such convicout certificate. tion, the Justice shall make out a certificate in which he shall briefly state the offence charged, the conviction and judgment thereon, and if any fine has been collected, the amount thereof, and file the same in the Judge of ProFines to be paid bate's office. All fines collected either by Justice, Sheriff, Constable or other officer, shall be paid into the County Treasury within ninety days after the same have been collected. into the county, treasury. case of an ap peal. SEC. 11. Upon the affidavit being filed, in which the alleged errors of the proceedings are stated, and that the affiant verily believes injustice has been done, the Justice Proceedings inshall grant an appeal to the Court of Probate of the County, and shall take a written undertaking from the defendant, with two or more sureties, and shall cause all material witnesses to enter into recognizance, to appear at the time and place of trial, and return all such papers together with a certified copy of entries on his docket, on or before the first term of the Probate Court next to be holden, which return and papers shall be filed in the Clerk's office of the Probate Court. SEC. 12. It shall be the duty of the Probate Court, to Proceedings ofhear and determine the said appeal in the same manner as court on appealan issue of fact upon an indictment. the Probate justices ex pective counties. SEC. 13. The jurisdiction of Justices extends to the Jurisdiction oflimits of their respective Counties, and within that limit, fends through-it extends to all civil cases (except where the question of out their res-, title to, and boundaries of land may arise) when the amount in controversy does not exceed one hundred dollars, and by the wish and consent of parties may be extended to any amount: Provided, That where the amount in controversy exceeds one hundred dollars, the Justice Justice may actshall have the same powers as other Courts of arbitration, and shall have power to enforce his decision thereon. which decision shall be an end of controversy; but all Where suite suits shall be brought in the precinct where the defendant resides, Provided, If payment is agreed to be made in any particular place, the suit may be brought in that place if within the County; and, Provided also, If the defend as a comet of arbitration. must com mence. ant does not reside in the Territory nor County, suit may be commenced in any place in this Territory, wherever be found. he may SEC. 14. The parties in any action before a Justice of Parties to comthe Peace shall combine all their demands, which are of abine all their demands or fornature to be consolidated in one action, or defence; and feit them. for a failure so to do shall forfeit the right of any remedy at law for their recovery; and the defendant may at any How proceedtime the demand against him, and cost, thus far ac- ings may cease crued, either to the Justice or officer having the process, pay whereupon proceedings shall cease. SEC. 15. Before any party before a Justice is entitled to a jury, the party demanding the jury shall deposit the Fees of the ju fees, to which they will be entitled; and the same shall bery. included in the judgment as part of the costs to be received if adjudged against the party who did not advance them. Transmission SEC. 16. All records, dockets and papers pertaining to, to the office of any Justice of the Peace, must be trans-of records, &c. mitted to his successor in office; and such successor may issue execution, and act in any case so transmitted, the same as if the case had been commenced before him; and in case of any disability or necessary absence of the Justice at the time fixed for trial or proceeding, any other Justice of the Precinct may at his request, attend and transact Business may the business for him without any transfer of the business&c. to another office. be transferred, SEC. 17. The Justice may in writing, depute any dis-Justice may ap creet person to act as Constable, when no Constable is atpoint any perhand, and the nature of the business shall require imme-constable when diate attention. son to act as necessary. as coroner. SEC. 18, Any Justice of the Peace may officiate asJustice may act coronor when occasion may require, by holding inquest upon the bodies of such persons as may be found dead, or may have died suddenly, or by violence, or in any manner that may create suspicion of crime; it shall be his duty to take in writing the evidences that may be adduced in such cases, also his own decision thereon, the names of several persons present at the investigation, and file the same in the clerk of Probate's office; and he Vexatious law shall have authority to summon to his assistance, suchi persons as he may deem necessary to hold such inquest, and dispose of, or inter said body as he shall think proper. SEC. 19. It shall be the duty of each and every Jussuits, how dis-tice of the Peace, to punish by fine, not exceeding one posed of. hundred dollars, at his discretion, any person or persons who shall bring before him a vexatious lawsuit through malice, or private pique, against the defendant, all fines so collected shall be paid into the county Treasury. Approved Feb. 4, 1852. Three select men. Select men to be sworn and give bonds. poor. AN ACT CREATING THE OFFICE OF SELECT SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That there shall be elected in each organized county at the next August election, three Select men, whose term of office shall be three years, as follows, to wit: the Senior shall hold his office three years; the second two years. and the Junior one year; and thereafter one shall be elected each year, who shail hold his office for the term of three years, and until his successor is elected and qualified. SEC. 2. Said Select men shall be sworn before the clerk of the Probate court, and give such bonds as the clerk shall approve, and the same shall be filled in the clerk's office, who shall give them a certificate of office, under the seal of the Probate court. SEC. 3. It shall be the duty of the Select men within their Select men torespective counties, in connection with the Probate Court, provide for the to oversee the poor residing in said county, and provide for their maintenance, to take the care, custody, and manInsane personsagement of insane persons residing in said county, who are incapable of conducting their own affairs, and of their estate both real and personal, and to provide for the safe keeping of such insane persons, their maintenance and the maintenance of their families, and the education of their children. The Select men shall also have authority to bind out orphan children, and vicious, idle, or vagrantorphan child children, or such minors until they shall attain the age ofren. legal majority. The Select men shall have power to appoint guardians for minors who are orphans, for the per-Guardians. sons and property of the insane where they shall be found may point out incapable of managing their own affairs, and generally to Probate courts do and perform all other duties pertaining to their office as further duties shall be required by law, or by the Probate Courts in theirof select mon respective counties. keep a record SEC. 4. Said Select men shall keep a record of all their Select men to proceedings, and return a copy thereof to the county court, at each of their regular sessions, as also a true report of the affairs and situation of the poor or destitute and insane within their respective counties, and make such suggestions and recommendations as to them shall appear necessary for the action of the court. SEC. 5. Any person being an elector is eligible to the who are eligi office of Select men without regard to any other office ofble to office of which he may be the incumbent, except such as are pro hibited by the Organic Act. Approved Feb. 5th, 1852. select men. AN ACT REGULATING THE PRACTICE OF THE SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That if any person or persons commence a suit in any of the courts in this Territory, it shall be his, her, or their duty to file his, her, or their Accounts &c., note, or book accounts, or for damage or trespass as the oath of plaintiff case may be, with said court, and state the facts in relation to the same on oath or affirmation, to be recorded by the court for the examination of the adverse party. to be filed on Defendant to SEC. 2. It shall be required of the defendant, to file, his, her, or their claim, or set-off, if any they have, withale a set-off on |