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oath.

Adverse party

the court before joining issue, on oath or affirmation in relation to the facts in the case.

SEC. 3. That in all suits, either party have a right to may be called call on the adverse party for their testimony, the same as on as witness. other witnesses.

tiled, to be lost."

SEC. 4. It shall be required of all persons going to Claims, if not law, to file all their notes and accounts that are due, as "provided by this act; and on their failing or refusing to do the same, shall for ever be deprived of the power of collecting such claims.

Agents or attor

mence suits.

SEC. 5. That nothing in this act shall prevent agents neys may com-or attorneys from planting suits, or defending suits; but at the same time they shall give all the information they have, in relation to the amount so filed, on oath or affirmation.

be staid.

SEC. 6. That on all judgments rendered by any of the Execution may, "courts in this Territory, the stay of execution shall be had by the defendant or defendants giving security for the payment of debt and cost, to the acceptance of the court, or the plaintiff; the request to stay execution shall be made known on day of trial, and security given within five days. from the time judgment is rendered.

Times for

which different

SEC. 7. That all sums of twenty dollars and under, may be staid thirty days; all sums over twenty dollars sms may be and not to exceed fifty dollars, may be staid sixty days; all sums over fifty dollars and not to exceed one hundred dollars may be staid ninety days; all sums over one hundred dollars may be staid six months.

staid.

Security to stay

mesone of

SEC. 8. That at the expiration of the stay of any exeexecution be-cution, if not satisfied, it shall be the duty of the court to defendante. issue an execution, for the property of the defendant, or defendants, and in all cases the security to stay an execution shall be considered one of the defendants; but in all cases the property of the principal, shall first be taken and exposed to pay the debt.

Property of ncipal first *aken.

Approved March 3rd, 1852.

AN ACT FOR THE REGULATION OF ATTORNEYS.

-

may act as his

SEC. 1. Be it enacted by the Governor and Legislative As-Any person sembly of the Territory of Utah, That the right of beingown council. heard by self or counsel shall not be denied to any person, claiming a trial as plaintiff, or defendant, in any court in this Territory; and it shall be the duty of all Judges of courts in this Territory, to grant a hearing as Any person of counsel to any person of good moral character, chosen bygood moral any person or persons to prosecute or defend a case, inbe employed a which he, she, or they, are a party.

character inay

counsel.

collect any

SEC. 2. No person or persons, employing counsel in Counseleannot any of the courts of this Territory, shall be compelled bything by law any process of law to pay the counsel so employed, forfor his services. any services rendered as counsel, before or after, or during the process of trial in the case.

permitted to

SEC. 3. It shall be the duty of the Judges of all courts Counsel not in this Territory, to forbid and prevent all indecent anduse improper exciting language and behavior in their courts; and in language. case of a rebuke to counsel being disregarded, and resented by said counsel, it shall be the duty of the Judge giving such rebuke, to nullify the right to plead of such counsel, and to take measures to prohibit him from being Judge may pro heard as counsel in any court of this Territory, until suchsel from pleadtime as satisfaction has been given for his good conducting in any in future. And it shall further be his duty to impose a fine not exceeding one hundred dollars, on such counsel Counsel may as he may deem just; and he may commit said counsel to be fined or imprison during the term of the court then being holden.

hibit the coun

prisoned.

cers may arrest

SEC. 4. It shall be the duty of the Executive officersExecutive offi of all courts in this Territory, to arrest without process, without proand put in safe keeping all persons, whether counsel orcess. other officers of courts, or persons within the hearing of such courts, who shall in any way behave indecently or riotously, or use indecen, riotous or exciting language, subject to the release or action of the Court, in which such arrest is made; and such Executive officers may call for such assistance as may be necessary in making such arrest, and for the safe keeping of such person, or persons so offending.

SEC. 5. Any Attorney, or person otherwise assuming buty of attor

neys and other to appear before any court in this Territory in any cause whatever, shall present all the facts in the case, whether they are calculated to make against his client or not, of which he is in possession, and shall present the best evidence that he can in the case to the intent that the true state of the case in litigation may be presented before the In default of court, and for a failure to do so, or to comply with all the requirements of this act, shall be liable to all the penalty hereinbefore provided for, and the further penalty of not less than one dollar at the discretion of the court. Approved Feb. 18th, 1852.

duty.

Penalty.

Marshal, how elected.

AN ACT IN RELATION TO MARSHALS AND AT-
TORNEYS.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That a Marshal shall be elected by a joint vote of both Houses of the LegislaTerm of office.tive Assembly, whose term of office shall be four years, unless sooner removed by the Legislative Assembly, or until his successor is elected and qualified. Said Marshal shall, before entering upon the duties of his office, take an oath of office, and file bonds with securities in the penal sum of not exceeding twenty thousand dollars, conBand, how ap-ditioned for the faithful discharge of his duties, which bond, with securities, is to be approved by the Secretary of the Territory, and filed in his office.

Give bonds.

proved.

May appoint deputies.

SEC. 2. Said Marshal shall have power to appoint one or more deputy Marshals, in each Judicial District of the Territory, as the necessity of the case may require, whose may be remov-term of office shall expire with that of the Marshal; but they may at any time be removed at his discretion.

ed by the marshal.

Duty of marshal and deputies.'

SEO. 3. It shall be the duty of the Marshal, or any of his deputies, to execute all orders, or processes of the Supreme or District Court, in all cases arising under the laws of the Territory, and such other duties as the executive may direct, or may be required by law pertaining to the duties of his office.

eral, how elec

SEC. 4. An Attorney General shall be elected by the Attorney Genjoint vote of the Legislative Assembly, whose term ofted.' office shall be four years, unless sooner removed by the Term of office. Legislative Assembly, or until his successor is elected and qualified, and shall, before entering on the duties of his office, take an oath of office, and give bonds and security to the people of the Territory, conditioned for the faithful performance of his duty, to be approved by the Secretatary of the Territory and filed in his office.

Give bonds.

Bonds how ap

proved.

SEC. 5. It shall be the duty of the Attorney General Duty of attor to keep his office at the seat of Government, to attend toney general. all legal business on the part of the Territory, before the courts, where the Territory is a party, and prosecute individuals accused of crimes in the Judicial District in which he keeps his office, in cases arising under the laws of the Territory, and such other duties as pertain to his office.

SEC. 6. There shall be elected for each Judicial Dis-District attorne ys, how electrict (except the one in which the Attorney General keeps his office) a District Attorney by the joint vote of both Houses of the Legislative Assembly, who shall hold his office for four years. unless sooner removed by the Legis-Term of office lative Assembly, or until his successor is elected and qualified, and shall, before entering on the duties of his office, take an oath of office, and give bonds to the people of the Territory, conditioned for the faithful performance of his Bonds, how apduties, to be approved by the Secretary of the Territory, proved." and filed in his office.

Give bonds.

attorney.

SEC. 7. It shall be the duty of the District Attorneys, Duty of district to attend to legal business before the Courts in their respective districts, where the Territory is a party; prosecute individuals accused of crimes, in cases arising under the laws of the Territory, and do such other duties as pertain to their office.

Term of office.

SEC. 8. A Prosecuting Attorney shall be appointed by Prosecuting at the Probate Judge in each organized county in this Terri-pointed. tory, whose term of office shall be four years, unless sooner removed by the Probate Judge, or until his successor is appointed and qualified, whose duty it shall be to attend, to all legal business in the county, in which the Territory is a party, and prosecute before the Probate Court of his county, all individuals accused of crimes. Said Attorneys

Dutyofbrsecting attorneuy.

Give bonds.

shall, before entering upon the duties of their respective offices, take an oath of office, and give bonds with securities, conditioned for the faithful performance of their duBonds how ap-ties, to be approved by the clerk of the Probate Court, and filed in his office.

proved.

Approved March 3, 1852.

Petition for

writs of Habeas Corpus.

Condition on which writ may be granted.

What courts

AN ACT IN RELATION TO WRITS OF HABEAS
CORPUS.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the petition for the Writ of Habeas Corpus must be in writing, and be sworn to, and signed by the prisoner, or some person, on his, her, or their behalf, setting forth the facts concerning his, her, or their imprisonment, and in whose custody, he, she, or they are detained, and shall be accompanied by a copy of the warrant or warrants of commitment, or an affidavit that the said copy had been demanded of the person or persons in whose custody the prisoner or prisoners are detained, and by him or them refused, or neglected to be given.

SEC. 2. Upon the presentation of the foregoing petition to any court having jurisdiction, the writ of Habeas Corpus shall be awarded, unless it shall appear from the petition itself, or the documents annexed, or the showing of the petitioner, the party so applying would not be entitled to any relief.

SEC. 3.

The Writ of Habeas Corpus may be allowed may grant the by the Supreme, District, or Probate Court, or any Judge thereof, and may be served in any part of the Territory.

writs.

Application

o the nearest

court.

SEC. 4 Application for this writ must be made to the must be made court or Judge most convenient in point of distance to the applicant, and the more remote court, or Judge, if applied to for the writ, may refuse the same, unless a sufficient reason be adduced in the petition for not making the application to the more convenient court, or Judge.

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