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Sec. 35. The Probate Judge in connection with the select men, is hereby invested with the usual powers and jurisdiction of County Commissioners, and with such other powers and jurisdiction as are conferred by law, and in this connection, they shall be known as the County Court.
"County court The Clerk of the Probate Court shall be the Clerk of this Court, shall keep his office at the County Seat, and shall Clerk. attend by himself, or deputy, all sessions of the Court, keep the records, papers, and seal of the Court. The office of the County Court is to be kept open for business at all usual times.
SEC 36. This Court is authorized and required to take the management of all county business, and the care and Duties of councustody of all the county property, except such as is by him placed in the custody of another, and shall have the control of all books, papers, and instruments pertaining to their office; said Court all audit all claims against the County; draw and seal with the County seal, all warrants or orders on the Treasurer for money to be paid out of the County Treasury, shall audit and settle the accounts of the Treasurer, and those of any other collector or receiver of County revenue, taxes, or incomes payable into the County Treasury, and those of any person entrusted to expend any money of the County, and to require them to render their accounts as directed by law. Sec. 37. Said Court shall keep a book to be known as
County brok the County book, in which shall be recorded all orders and decisions made by them, except those relating to roads and Probate affairs, and in which, orders for the allowance of money from the County Treasury shall state on what account, and to whom the allowance is made, dating and numbering the drawing on the Treasury each order, and said Court are to superintend the fiscal affairs of the County, and secure their management in the best possible
Book for bonds,
Sec. 38. The County Court shall also keep a separate book for the entries of all proceedings and adjudications to the establishment, change, or discontinuance of bonds; Book on pro and also separate books for Probate business. They shall bate business. keep an account of the receipts and expenditures of the County roCounty, and on the first Monday of May annually, causecoipts and ex:
. a minute statement of them for the preceding year to be
made, with an account of all debts payable to, and by the County, and the assets of the County; have a copy of the same posted up, one at the County seat at the usual place of holding Courts, and at each of two other public places in the County; and shall cause the original to be filed in their office.
County court Sec. 39. The County Court has the control of all timhas control of ber, water privileges, or any water course or creek, to
grant mill sites, and exercise such powers as in their judgment shall best preserve the timber, and subserve the interest of the settlements, in the distribution of water for irrigation, or other purposes. All grants, or rights, held under Legislative authority, shall not be interfered with.
Sec. 40. The Judge of Probate, in connection with any two of the Select men, shall constitute a quorum, to do business; and the Select men may transact business separately throughout the County, relating to the poor, insane, orphans, minors, or other important business, requiring immediate attention; business so transacted shall be reported at their next subsequent session, and approved by the Court before becoming a matter of record. The Select men may
also hold session in the absence of the Judge of Probate.
Sec. 41. The County Court shall district their respecPrecincti,&c. tive counties into road districts, precincts, school districts,
or such other sub-divisions as may become necessary or
proper, locate sites for public buildings, and erect the Select jurors.
same; select Grand and Petit Jurors for their respective Counties, and generally do, and perform, all such duties, as shall be required by the nature of their office, and as shall be required by law.
Two sessions annually.
Sec. 42. The County Court shall hold sessions twice a year, to wit: on the third Mondays of March and September, and oftener if they shall deem it necessary. They have authority to determine the amount of tax to be levied for County purposes, and provide for the collection of the
Sec. 43. Whenever it shall become necessary to extend the credit of the County for the purpose of erecting public buildings, building bridges, and working roads, which may
call for any extraordinary expenditure, the County Court may submit the question to the people for their decision by fairly and explicitly stating the question, the amount of funds proposed to be raised, and the manner of raising How funds them, whether by tax or otherwise ; said question when may be raised. thus submitted, shall be voted upon by the people of the County at some regular election, previous notice having been given in regard to said question in the same manner as required in giving notice of elections; and the decision of the people shall be the law so far as regards that particular question. If there should be an excess of funds thus raised for any particular purpose, the surplus may be paid into the County Treasury for County purposes.
SEC. 44. The Judges of the District and Probate Courts Conservators shall be conservators of the peace in their respective Dis-of the peace. tricts and Counties, throughout the Territory, and it is their duty to use all diligence and influence in their power to prevent litigation.
SEC. 45. Any matter involving litigation may be refer-Arbitrators. ed to arbitrators, or referees, who may be chosen by the parties, or selected by the Court, as the parties shall elect; all such arbitrators have authority to subpoena witnesses, administer oaths, or affirmations, and issue process as the Court. And when they shall have made their decision, Report of de shall report the case, if necessary to enforce the same, tocisions. the Clerk of the County in which the case has arisen, or when the case has not arisen in any Court, to the Clerk of the Probate Court; and it shall be the duty of the Clerk in whose office any such decision has been filed, to make a record thereof, and proceed in the same manner, as if the case had been prosecuted and decided in the usual
SEC. 46. The Select men shall appoint a Supervisor or
Supervisors. Supervisors for their respective Counties, who, under their directions shall collect and apply the Poll Tax, in their poll tax. respective Districts, and make return to the Select men, on or before the first day of February annually.
SEC. 47. Select men and Supervisors, shall be governed Duties of in the discharge of their duties as prescribed for Countypervisors,& « Commissioners and Supervisors (so tar as the same shall
be applicable) in an Ordinance in relation to Road Tax and Supervisors.
Approved, February 4, 1852.
AN ACT IN RELATION TO JUSTICES OF THE
one justice &
Sec. 1. Be it enacted by the Governor and Legislative Assne.com stille sembly of the Territory of Utah, That each Precinct in this
Territory shall elect one Justice of the Peace, and one
Precinct by the County Court, whenever they shall deem that the public good requires it.
Justices to give
• Sec. 2. Each Justice of the Peace shall take an oath bonds of $1103.of office and give bond with approved securities, in the sum
of one thousand dollars, which bond shall be approved by
the County Court, and filed in the Clerk's office ; said Term of office Justices and Constables shall hold their offices for the
term of two years, and until their successors are elected Commissioned and qualified, and they shall be commissioned by the by the Gov. Governor.
Duties of the
Sec. 3. It shall be the duty of every Justice of the Peace justice of the to examine strictly and faithfully into the merits and de
merits of all civil and criminal cases which may come before him, and execute justice without respect to persons, or favor, or the technicalities of the law, preserve the public
peace; sit in judgment in all cases refered to him, and keep a true record of all proceedings laid before him, and in case of appeal, transmit a copy of the same to the Clerk of the Court to which the appeal is made within five days from the time the appeal is taken.
Sec. 4. Justices of the Peace have jurisdiction over all, Hatices of the cases where the amount in controversy does not exceed
one hundred dollars; and when the amount claimed exceeds that sum,
but by fair credits may be reduced to that amount, Justices may decide cases without process; but if it shall become necessary to enforce such decisions, they
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 imprisonmenti
Sec. 5. Criminal actions for the commission of public Criminal ac offences
be commenced before a Justice of the Peace,commenced to 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.
Sec. 6. Immediately upon the filing of such informa-Justice may! tion, the Justice may in his discretion issue his warrant, be served ang 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 serveCriminal 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.
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 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 ina! be fine or ind
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, or 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 defenda