AN ACT CONCERNING WRITS OF REPLEVIN. SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That when any person Conditions on or persons shall have any species of property in his, her, which a writ ofor their possession, and such property shall be claimed by sued. some other person or persons, and be demanded by such replevin is is Officer must tody the property until de other person or persons; and if not given to the party or persons tha have made the demand, the party demanding may tile an affidavit, giving good security to the opposite party for costs and damages before any Justice of the Peace within the county, where such proper ty may be situated, or other court having jurisdiction, or such person or party holding such property may be found, (or where he, she, or they may reside,) the affidavit shall state that he, she, or they are the rightful owner of such property, describing the same, and in whose possession it may be found, the court or Justice shall issue a writ, directed to the Sheriff or Constable, or other officer. SEC. 2. Such Sheriff or Constable, or other officer, take into cus- shall serve such writ of Replevin, and the officer shall execute such writ by taking into his custody all such property that is specified in the writ, and safely keep the same until a decree of court shall be had thereon; the officer shall deliver all such property to the person or party in whose favor the decree of the court shall have been made. Free of court. retain property. on bail. SEC 3 In all cases, the defendant shall have the right Defendant may to give good and sufficient bail to the court issuing a writ of Replevin, conditioned for the payment for all damages and costs, and when bail is extended, the defendant may retain the property replevied until a decision of court shall be had, when it shall be delivered to the person in whose favor the decision of the court shall be givIn case the defendant shall not give bail as herein provided for, the plaintiff may, by giving bonds with securities approved by the court, for all costs and damages that may accrue, take into his possession the property in take the prop- dispute, and retain the same until a decree of court shall be had thereon. Plaintiff may eriy. sued by justice en. Writ may be is- SEC. 4. A Justice of the Peace may issue a writ for of the peace. the replevy of property, and try all cases of Replevin, where the amount of property in dispute shall not exceed ceed $100, it court. one hundred dollars; where the amount in dispute shall if amount exexceed that sum, he shall transmit a copy of his proceed-must be refered ings in issuing said writ, to a higher court, who shall try to a higher all such cases, the same as if the writ had been issued from that respective court. Approved March 3d, 1852. AN ACT IN RELATION TO WRITS OF EJECT- Lessor may eit against lessee. SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That where any land, or lands, house, buildings or any premises have been let, leased,or contracted for a term, and at the expiration of the contract, the lessee refuses to yield up the possession to the lessor, in such case the lessor may enter complaint in, writing of the same, stating in substance the facts of theter complaint case on oath, before any court having jurisdiction; and in writing the court shall issue a writ against the lessee, requiring Court to issue the lessee to yield up said premises within twelve dayswrit against from the date of said writ, giving ten days notice from les seo. service by copy delivered, or left at the place of abode of, the lessee, or at a day to be named in the writ to appear before said court to show cause why the said premises are so retained. And the said court shall, on hearing the case, and allegations of the parties within three days therer after, render a judgment in the case. If it be for the les-Decision of see to yield the possession, he shall be required to do so within five days from the time of the rendering of said judgment, and shall be held for the costs of suit and damages. And should the lessee refuse or neglect to comply with said judgment in yielding possession, the lessor may, compel by writ of ejectment the required possessisn forth-ment. with. court. Writ of eject SEC. 2. Wherever any person or persons shall be in possession of a house, farm, or parcel of land; and such house, farm, or parcel of land shall be claimed as provi-Occupant may ded for by this act, the party claiming shall be entitled tobe dispossessed dis Justices may possess the occupant, and the defendant shall have all the benefit of law as above provided. SEC. 3. Nothing herein contained shall be so construhave jurisdie- ed as to prevent any Justice of the Peace from having tion in the casejurisdiction, after the proper security shall have been given, to issue ejectment, try the merits and enforce the judgment thereon in a summary manner. Approved March 3d, 1852. Quit claim to be given in County recor AN ACT REGULATING TRANSFERS OF POS- SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That when any conveyance, sale, or transfer shall be made of any legal claim, or right of possession of any city lot, or surveyed land or lands, part or parts thereof, within this Territory, the selwriting; ack- ler, or vendor of the same, shall make and execute to the nowledged by vendee a full and written quit claim of release of, and to all right of claim and possession to the premises so transferred; and shall acknowledge the same before the county Recorder where the premises are situated. The transfer to be in form as follows, viz: Be it known by these presForm of trans-sents, that I the just, true, and rightful claimant, owner, and possessor of lot in block containing - acres in der. ter. Transfer to be recorded. survey, in sy, do, for and in consideration of the sum of coun dollars -, the receipt whereof is hereby acknowledged, sell, release, quit claim, and transfer all my right of claim, interest, and possession of and to the aforesaid premises, to the said heirs or assigns. SEC. 2. It shall be the duty of the county Recorder to take acknowledgments of all such transfers as shall be presented to him, as is prescribed in this act, and record the same in a suitable book to be kept by him for that purpose, and transmit the same to his successor in office, and shall be entitled to 50 cents for each acknowledgment, and record so made by him; and one dollar for each transfer that he shall make, to be paid by the vendor or vendee in the case: Provided, That nothing in this act shall be so construed as to prevent the vendor and vendee from making the transfer themselves. But no transfer shall be valid unless it be recorded as is prescribed in the first section of this act. SEC. 3. The county Recorder shall not record any land to any person on application or by transfer, until a certifi-Certificate of cate of the survey has been produced that such land has survey. *been surveyed, and such certificate of survey has been approved and countersigned by one or more of the select men in the county. SEC. 4. One year shall be allowed to persons having fenced or title land surveyed, to enclose and fence said land; and on theirLands must be failing to enclose said land within one year, their title towill be nullisaid land shall be nullified; and such land shall be declaredfied. common, and may be surveyed to any person applying for the same. Approved, March 6, 1852. ACT IN RELATION TO ESTATES OF DECE- SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That any person of full Wills. age and sound mind, may dispose, by will, of all his property, except what is sufficient to pay his debts, or what is allowed as homestead or otherwise to wife or family; property subsequently acquired may also be devised. SEC. 2. Personal property may be bequeathed by ver-Verbal wills. bal will, if witnessed by two competent witnesses; all oth-, Witnesses te er wills to be valid must be in writing, witnessed by two written wills. competent witnesses, and signed by the testator, or by some person in his presence and by his express direction. Interest of posthumous chil SEC. 3. Posthumous children unprovided for by thedron. Public readings of will. corded. Fathers' will, shall inherit the same interest as though no will had been made. SEC. 4. Wills duly sealed up and endorsed may be deposited with the Clerk of the probate court, whose duty it is to file, and safely preserve the same until the death of the testator or testators, unless they themselves sooner demand them. SEC. 5. Any person having the custody of a Will, shall, at the first stated term of the court, after being informed of the death of the testator, bring the same into court, where it shall be publicly read. SEC. 6. Wills, when proved and allowed, shall have a Wills to be re-certificate thereof endorsed or annexed thereto; signed by the clerk, and attested by the seal of the court; all of which shall be recorded in a book to be kept for that purpose, and every will so certified, or record thereof, or a transcript of such record duly authenticated, may be read in evidence in all courts within this Territory, without further proof. Wills must be thus allowed and attested, to be carried into effect. May be read in evidence. Executors. SEC. 7. Executors are entitled to a copy of the will, and if there is no executor appointed in the will, or if he, or they shall fail to qualify and act, they may be appointed by the court. The court may also, for good cause, remove executors, as also fill vacancies. SEC. 8. If administration of the estate of any deceasExecutors of ed non-resident, such executor may be appointed executor non-residents. by qualifying himself as required of other executors, unless another executor has previously been appointed in this Territory tration shall be SEC. 9. Where no executor is appointed by will, adHow adminis- ministration shall be granted: First, to the wife of the degranted. ceased; second to his next of kin; third to his creditors; fourth, to any other person whom the court may select, and the court may unite individuals belonging to the same or different classes as executors, whenever it deems such a course expedient. The court must not appoint a person an executor, who is manifestly unsuitable for the discharge of the trust, nor who is a minor. |
