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property of par

ties.

Previso.

Proviso.

Children and make such order in relation to the children and property of the parties, and the maintenance of the wife, and such portion of the children as may be awarded to her, as may be just and equitable: Proveded, That if the children shall have attained the age of ten years, and possess sound mind, they shall have the privilege to select of their own free will and choice, to which of their parents they will attach themselves: Provided further, That the parties may, with the approval of the Court, themselves agree upon the distribution of the property and disposal of the children: Rrovided further, That when it shall appear to the Court at a future time, that it would be for the interest of the parties concerned, that a change should be effected in regard to the former disposal of children or distribution of property, the Court shall have power to make such change as will be conducive to the best interests of all parties concerned.

Proviso.

Forfeits of guil- SEC. 7.

iy party.

Fine and im

persons who

When a divorce is decreed, the defendant or guilty party forfeits all rights acquired by marriage.

SEC. 8. It shall be the duty of the Courts of Probate prisonment of in their respective counties, to punish by fine or imprisonseek to separ- ment, or both, at their discretion, any person or persons who shall stir up unwarrantable litigation between husband and wife, or seek to bring about a separtion between them.

ate husband & wife.

Approved March 6th, 1852.

of recerding marks and Brands.

AN ACT IN RELATION TO MARKS AND BRANDS

SEC. 1. Be it enacted by the Governor and Legislative General office Assembly of the Territory of Utah, That the General office for recording marks and brands shall be kept at the seat of government, and the recorder thereof shall be elected Blection of re-by the Legislative Assemby, and his term of office shall be four years, and until his successor is elected and qualified.

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SEC. 2. There shall also be an auxiliary recorder's office in every other county in this Territory, the duties of

which are hereby devolved upon the county clerks of their respective counties.

Book of marks

SEC. 3. It shall be the duty of the recorder at the, seat of government, to keep a fair and faithful record ofand brands. all marks and brands, in a book suitable for the purpose, which shall be free for the inspection of all persons inter-. ested. Said record shall show the name of each owner of the mark or brand so recorded, together with their place of residence; and it shall be his duty to define and designate the particular mark or brand to be used by each individual applying therefor,

a mark or

SEC. 4. It shall be the duty of the recorder to con-Application for sult the convenience of each person applying for a mark orbrand. brand: Provided, The mark or brand so applied for has not previously been given, or recorded to some other person, and to furnish to any person desiring it, a certificate of his or her brand: Provided also, If a character is wanted for a brand for which there is no type, the person applying therefor shall pay the extra expense thereof.

to be furnished

SEC. 5. It shall be the duty of the general recorder Printed copies to furnish printed copies of all marks and brands to the each county. clerks of the different counties, where such auxiliary office is established, to the amount that shall be applied and paid for at the rate of twenty five cents for each printed sheet so printed, of common writing paper, printed on four sides.

Application to

SEC. 6. Whenever any person wishing to obtain a re-be made in the corded mark or brand, application therefor shall be madecounty where the applicant to the general recorder's office, at the seat of government;resides. and if said applicant resides in any other county, than the one in which the seat of government is located, said application shall be made to the auxiliary office in said county; and it shall be the duty of the clerk of the county court in such county, to report said application, if there, shall be any on hand, once a month, to the general record-general office er's office; and when said mark or brand is received, to' make an entry thereof in a book suitable for the purpose, to be kept in his office, free to the inspection of all persons interested, and upon the reception of a certificate of a brand, to deliver the same to the said applicant; he shall also keep free to the inspection of all persons, a copy of

Reports to the

once a month.

Estray animals;.

all the marks and brands recorded in the Territory, which shall be furnished him by the general recorder. Copies of all the recorded marks and brands shall be furnished said county clerks, or upon the completion of every succeeding sheet.

SEC 7. Any person finding cattle or any animals, havwith marks & ing recorded marks or brands, in any enclosure or other brands. place where they may be doing damage, shall immediately secure and take good care of the same, and search diligently for the owner thereof, and restore the animal or animals to the said owner, if the same can be found, and the owner shall be liable for all reasonable costs and damages. And if said owner cannot be found after diligent search, said animal or animals may be driven to the stray pound.

On the sale of animals the

reversed.

SEC. 8. It shall be the duty of every person, selling or disposing of any animal having a recorded brand to brand must be reverse the same on said animal; but if any person shall alter or deface any recorded brand on any animal, or place or cause to be placed, his own or other brand on any animal not belonging to said individual, any person so offending, shall be subject to any or all the penalties of altering brandsthis act, together with further punishments, applicable to felonious offences at the discretion of the court having jurisdiction.

Penalties for

Duty of the

pound.

SEC. 9. Whenever any animal or animals having rekeeper of estraycorded brands are put into the estray pound, it shall be the duty of the overseer or keeper of the estray pound, to use due diligence to ascertain the owner or owners of said stock, both by reference to the record of brands and otherwise, and to notify the owner or owners of the same if known, or publish the same with the marks or brands, in four public places in the county, or some newspaper having general circulation in said county within three days from the time said stock are put in the pound.

keepers and public officers.

Duties of pound SEC. 10. It shall be the duty of the pound keepers, and it is also required of all public officers of the Territory in their respective counties or precincts, to examine all trains and droves of cattle passing through their respective counties; and if they shall find any such animal or animals having recorded brands, which said brands do

not belong to the individual purporting to own said animal or animals, and the same has not been reversed thereon, to take the said animal or animals into their custody as stolen property, and advertise the owner of said brand thereof, who shall be liable for all expense and damage so incurred, if it shall appear that he has disposed of said animal or animals without reversing his brand.

SEC. 11. The clerks of the auxiliary offices in their Fees of clerks. respective counties, shall receive and forward a fee of fifty cents to the general recorder for each mark or brand applied for, as also twenty five cents for each sheet of copies of printed brands required. And he may receive the sum of twenty five cents for his own fee for every brand applied for through his office, which shall be in full for his services.

SEC. 12. The brands now recorded, and hereafter to Marks & brands be recorded, shall be arranged for distribution to the sev-classed. eral counties, under the head of their several counties, so that all marks and brands owned in one county, shall be classed together, distinguishing at the head of each list, the name of the county in which they belong.

SEC. 13. The pound keepers in their respective coun- Estrays, what ties, shall gather up all estrays therein, and after comply-is to be done ing with the requirements of this act in relation to seeking with them. diligently for the owner, shall take a true description of, and value each estray remaining in his custody; and after advertizing the same as herein required, devote all such estrays or the proceeds arising from the sales thereof to the benefit of the Emigrating Fund, the company of which shall pay over the appraised value of such estrays to the owner of said estrays if found after deducting all expenses and reasonable charges incurred.

SEC. 14 Any officer or individual violating any pro-Penalties visions of this act, shall be liable to a penalty of not less than one dollar, nor exceeding one thousand dollars, at the discretion of the Court having jurisdiction thereof.

SEC. 15. All acts and parts of acts heretofore passed Acts repealed in relation to marks and brands, are hereby repealed: Provided, Marks and brands heretofore recorded, shall beProviso. and remain valid.

Animals on their range.

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SEC. 16. Nothing herein shall be so construed, as to interfere with peaceable animals running on their accustomed range, unless they are known to be estrays, irrespective of any mark or brand. Approved March 1st, 1852.

AN ACT REGULATING THE PASSING AND MEET
ING OF TEAMS ON THE PUBLIC HIGHWAYS.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That whenever it is necesA slow team tosary for a fast travelling team to pass a slower one, it shall let a fast one be the duty of the teamster of the slow team to give the other a convenient opportunity to do so, if it can be done without endangering his own.

pass.

Teams on

meeting to turn to the right.

Penalties.

SEC. 2. Whenever teams of any kind meet, each shall turn to the right, so as to give the other half of the travelled part of the road, whenever it can be done with safety.

SEC. 3. Any person neglecting to conform to the provisions of this act, shall be liable to pay all damage accru ing therefrom, and be fined at the discretion of the Court having jurisdiction in the case.

Approved, March 3, 1852.

AN ACT TO PROVIDE AGAINST DISTURBING
RELIGIOUS MEETINGS, OR LAWFUL ASSEM
BLIES OF THE PEOPLE.

SEC. 1. Be it enacted by the Governor and Legislative Fine or impris-Assembly of the Territory of Utah, That any person or per onment for dis-sons who shall wilfully disturb any Religious meeting or gious meetings.lawful assembly of the people, by noisy or riotous ac

turbing reli

tions, menaces, ludicrous language, or threats. shall be

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