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liable to arrest by any officer of the peace, and fined in any
sum not less than five, nor over five hundred dollars, or
imprisonment not over six months, at the discretion of the
Court having jurisdiction.
Approved, March 3, 1852.

AN ACT IN RELATION TO PROFANITY AND
DRUNKENNESS.

Profaners.

SEC. 1. Be it enacted by the Governor and Legislative As-, sembly of the Territory of Utah, That it shall be unlawful to use, with disrespect, the name of the Deity; and any person profaning the name of God shall be subject to fine, Fine. not less than two, nor more than ten dollars, or from one to five days hard labor on the public highway, at the discretion of the Court.

Drunkenness.

SEC. 2. Any person who shall become publicly intox-, icated, so as to endanger the peace and quiet of the com-" munity, shall be liable to arrest by any officer of the peace, and fined in any sum, not less than one, nor more than ten Fine. dollars, at the discretion of the Court. Approved, March 3, 1852.

AN ACT CONCERNING NOTARIES PUBLIC.

in each county.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That there shall be elected Notary public by the joint vote of both Houses of the Legislative assembly, one Notary Public for each organized county in this Territory, who shall exercise said office, for and within the county, in which he resides; and the counties thereunto attached for judicial purposes.

SEC. 2. Each and every Notary Public, before he en

ity.

Bond and secu-ters upon the duties of his office, shall take the oath of office, for the faithful discharge of his duties, and shall give bond with sufficient surety, to be filed in the office of the Probate Judge, in the penal sum of five hundred dollars, conditioned for the faithful discharge of his office.

In case of va

SEC. 3. In case of any vacancy by removal or resignacancy the coun-tion, the records of said Notary Public, together with all ty clerk to takethe papers relating to the office, shall be deposited in the office of the county Clerk, in the county in which the said Notary Public resides.

charge of re

cords.

A failure to

this act incurs a fine, &c.

SEC. 4. And in case of neglect or refusal to comply with the requisitions of this act, and of failure to transmit comply with such records as aforesaid, within the space of three months, the said Notary Public shall forfeit and pay a sum not less than fifty dollars, nor more than five hundred dollars; and if any executor or administrator of any deceased. Notary Public, shall neglect to lodge such records or papers, as aforesaid, which come into his hands, in the county Clerks office, within the space of three months after the acceptance of that trust, he shall forfeit and pay a sum not less than fifty dollars, nor more than five hundred dollars; and if any person shall knowingly destroy, deface, or conceal Fine and dam-any record or papers of any Notary Public, he shall forfeit ages for des- and pay the above sum, and shall be moreover, liable to troying papers, an action for damages by the party injured.

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notes, &c.

Notice to be given.

SEC. 5. It shall be the duty of each and every Notary Protestation of Public, when any bill of exchange, promissory note, or other written instrument shall be by him protested, for non-acceptance or non-payment, to give notice, in writing thereof to the maker, and each and every endorser of a bill of exchange; and to the maker or makers of, and each and every security or endorser of any promissory note, or other written instrument, immediately after such protest shall have been made.

Record of noLices, &c.

SEC. 6. Each and every Notary Public shall keep a record of all such notices, and of the time and manner, in which the same shall have been served, and of the names of all the parties to whom the same were directed, and the description and amount of the instrument protested; which record shall at all times, be competent evidence to prove such notices, in any trial, before any Court in this Territory, where proof of such notice may become requisite.

to keep records

SEC. 7. It shall be the duty of the several Clerks of the County clerks County Courts, to receive and keep safe all the recordssafe. and papers directed by this act to be deposited in their office, and give attested copies of any of said records or papers, when required; and copies so given by the said. Clerk, are hereby declared to be as valid as if the same had been given by the said Notaries Public; all forfeitures Disposition of under this act shall be, one half to the use of this Territo-forfeitures. ry, and the other half to him or them who shall sue for the same, to be recovered in an action of debt in any Court having jurisdiction of the same, in the county where such Notary Public shall reside.

SEC. 8. Full faith and credit shall be given to all the Full faith in protestations, attestations, and other instruments of pub-the acts of nolication of all Notaries Public now in office, or hereafter to be elected under the provisions of this act.

taries public.

ments of deeds

SEC. 9. Notaries Public may also take acknowledg-Acknowledg ments of deeds, wills, bonds, &c., and do all other business&c. pertaining to his office.

Approved, March 3, 1852.

A PREAMBLE AND AN ACT FOR THE FURTHER RELIEF OF INDIAN SLAVES AND PRISONERS.

Whereas, By reason of the acquisition of Upper California and New Mexico, and the subsequent organization of the Territorial Governments of New Mexico and Utah, by the acts of the Congress of the United States; these Territories have organized Governments within and upon what would otherwise be considered Indian Territory, and which really is Indian Territory so far as the right of soil is involved; thereby presenting the novel feature of a white legalized Government on Indian lands; and

Whereas, The laws of the United States in relation to intercourse with Indians are designed for, and only applicable to Territories, and Countries under the sole and exclusive jurisdiction of the United States; and

Whereas, From time immemorial, the practice of purchasing Indian women and children, of the Utah tribe of Indians by Mexican traders, has been indulged in, and carried on by those respective people; until, the Indians consider it an allowable traffic, and frequently offer their prisoners or children for sale; and

Whereas, It is a common practice among these Indians to gamble away their own children and women; and it is a well established fact, that women and children thus obtained, or obtained by war, or theft, or in any other manner, are by them frequently carried from place to place; packed upon horses or mules; larietted out to subsist upon grass, roots, or starve; and are frequently bound with thongs made of raw hide, until their hands and feet become swollen, mutilated, inflamed with pain, and wounded; and when with suffering, cold, hunger, and abuse, they fall sick, so as to become troublesome, are frequently slain by their masters to get rid of them; and

Whereas, They do frequently kill their women and children taken prisoners, either in revenge, or for amusement, or through the influence of tradition, unless they are tempted to exchange them for trade, which they usually do if they have an opportunity; and

Whereas, One family frequently steals the children and women of another family, and such robberies and murders are continually committed, in times of their greatest peace, and amity; thus dragging free Indian women and children into Mexican servitude and slavery, or death, to the almost entire extirpation of the whole Indian race; and

Whereas, These inhuman practices are being daily enacted before our eyes in the midst of the white settlements, and within the organized counties of the Territory; and when the inhabitants do not purchase or trade for those so offered for sale, they are generally doomed to the most miserable existence; suffering the tortures of every species of cruelty, until death kindly relieves them and closes the revolting scenery:

Wherefore, When all these facts are taken into consideration, it becomes the duty of all humane and christian people to extend unto this degraded and downtrodden race, such relief as can be awarded to them, according to their situation and circumstances; it therefore becomes necessary to consider;

First; The circumstances of our location among these savage tribes under the authority of Congress, while yet the Indian title to the soil is left unextinguished; not even a treaty having been held, by which a partition of territory or country has been made, thereby

bringing them into our door-yards, our houses, and in contact with avocation.

our every

Second; Their situation, and our duty towards them, upon the common principles of humanity.

Third; The remedy or what will be the most conducive to ameliorate their condition, preserve their lives, and their liberties, and redeem them from a worse than African bondage; it suggests itself to your committee that to memorialize Congress to provide by some act of National Legislation for the new and unparalleled situation of the inhabitants of this Territory, in relation to their intercourse with these Indians, would be one resource, prolific in its results for our mutual benefit and further, that we ask their concurrence in the following enactment, passed by the Legislature of the Territory of Utah, January 31, A. D., 1852; entitled,

AN ACT FOR THE RELIEF OF INDIAN SLAVES
AND PRISONERS.

dian prisoner

or Select mer.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That whenever any white Any white perperson within any organized county of this Territory, shallson having Inhave any Indian prisoner, child or woman, in his posses-shall go before sion, whether by purchase or otherwise; such person shall robate Judge immediately go, together with such Indian prisoner, child, or woman, before the Select men or Probate Judge of the county. If in the opinion of the Select men or Probate Judge the person having such Indian prisoner, child, or woman, is a suitable person, and properly qualified to raise or retain and educate said Indian prisoner, child, or wo-bind out such man; it shall be his or their duty to bind out the same, by indenture for the term of not exceeding twenty years, at the discretion of the Judge or Select men.

Court may

Indian for 20

years.

Probate Judge

write name,

SEC. 2. The Probate Judge or Select men shall cause to be written in the indenture; the name, and age; placeor Select men where born, name of parents if known; tribe to which said age,&c.of prisIndian person belonged; name of the person having himoner in the inin possession; name of Indian from whom said person was obtained; date of the indenture, a copy of which shall be filed in the Probate Clerk's office.

denture.

bind out

SEC. 3. The Select men in their respective counties, Select men to are hereby authorized to obtain such Indian prisoners, such prisoners

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