Sureties required to make affidavit Writs of by whom issued. the person cannot write, his name being written near it, and witnessed by a person who writes his own name as witness; the words "real estate" or "real property," to include mining claims; joint authority, given to three or more persons, is given to the majority, unless restricted. Whenever the word Territory is used, it shall be held to include and apply to the District of Columbia. SEC. 591. In all cases where an undertaking with sureties is required by the provisions of this Act, the Judge, Justice, or Clerk, or other officer taking the same, shall, unless it is otherwise provided in said Act, require the sureties to accompany the same with an affidavit that they are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution; provided, that when the amount specified in an undertaking exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties. SEC. 592. Writs of certiorari and mandamus may be certiorari, etc., issued in the cases precribed by this Act, by Judges of the Courts in term time or in vacation, and may, in the discretion of the Judge issuing the writ, be made returnable, and a hearing may be had on the return thereof in vacation. Sale of property under writ of attachment. Certified copies of be evidence. SEC. 593. Whenever property has been taken by an officer under a writ of attachment in pursuance of the provisions of this Act, and it shall be made to appear satisfactorily to the Court, or Judge thereof, that the interests of the parties to the action will sustained by the sale thereof, the Court, or Judge, may order such property to be sold, in the same manner as property is sold under an execution, and the proceeds to be deposited in Court to abide the judgmeut in the action. Such order shall be made only upon notice to the adverse party, or his attorney, in case such party has been personally served with a summons in the action. SEC. 594. A copy of any record, document or paper in the custody of a public officer of this Territory, or of the United papers, etc., to States, within this Territory, certified under the official seal, or verified by the oath of such officer, to be a true, full and correct copy of the original in his custody, may be read in evidence in any action or proceeding in the Courts of this Territory, in like manner, and with the like effect, as the original could be if produced. Copartners, when summoned in common name. Substitution SEC. 595. When two or more persons, associate in any business, transact such business under a common name whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates, but the judgment in such cases shall bind only the joint property of the associates. SEC. 596. A defendant against whom an action is of real party pending upon a contract, or for specific personal property, may at any time before answer, upon affidavit that a person, not a party to the action, makes upon him, and without any collusion with him, a demand upon the same contract, or for the same property, upon due notice to such person, and the adverse party, apply to the Court for an order to substitute such person in his place and discharge him from liability to either party, on his depositing in Court the amount claimed on the contract, or delivering the property, or its value, to such person as the Court may direct, and the Court may, in its discretion, make the order. SEC. 597. Any person shall be entitled to intervene in an Intervention, action who has an interest in the matter in litigation, in the when allowed. sucess of either of the parties to the action, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant. SEC. 598. A third person may intervene either before or who may after issue has been joined in the cause. intervene. SEC. 599. The intervention shall be by petition or com- How and what plaint filed in the Court in which the action is pending; and it to set forth. must set fourth the grounds on which the intervention rests. A copy of the petition or complaint shall be served upon the party or parties to the action, against whom anything is demanded, who shall answer it as if it were an original conplaint in the action. SEC. 600. The Court shall determine upon the interven- Court to tion at the same time that the action is decided; if the claim determine. of the party intervening is not sustained, he shall pay all costs incurred by the intervention. to SEC. 601. No action to obtain a discovery under oath, in Abtain dis aid of the prosecution or defense of another action or proceed-covery, etc., ing, shall be allowed. be examined SEC. 602. In all cases, not otherwise provided for in this Sureties may Act, where sureties are required to justify, they shall appear under oath. before the officer or person authorized to take the justification, and may be examined under oath by such officer or person, and the adverse party touching their qualifications as sureties, which examination shall be reduced to writing and subscribed by the sureties if required. If, upon such examination, it shall appear to such officer or person that said sureties, or either of them, have the necessary qualifications of such, he shall so indorse upon the statement, and cause the same to be filed, and thereupon the justification shall be complete. SEC. 603. The repeal of a law does not revive one previ- Repeal of law. ously repealed by it, nor affect any rights, duties, or penalties which have arisen under it. SEC. 604. Laws and parts thereof, and words and phrases, How conshall be construed in accordance with the customary usage of strued. the languages. SEC. 605. "An Act in Relation to Abatement in Civil Acts repealed. Actions, approved January sixteenth, eighteen hundred and sixty-one,' "An Act Containing Provisions Applicable to the Laws of the Territory of Utah, approved January fourteenth, eighteen hundred and fifty-four; "An act Supplementary to the Act Regulating the Mode of Procedure in Civil Cases in the Courts of the Territory of Utah," approved December thirtieth, eighteen hundred and fifty-two, approved February nineteenth, eighteen hundred and sixty-nine; are hereby repealed; and so much of "An Act Providing for Appeals to the Supreme Court," approved January eighteenth, eighteen hundred and sixty-one, and "An Act Governing Writs of Attachments and Garnishments," approved January twentieth, eighteen hundred and sixty-five; and "An Act Regulating the Mode of Procedure in Civil Cases in the Courts of the Territory of Utah," approved December thirtieth, eighteen hundred and fifty-two; and "An Act Declaring Certain Things to be property Specifying the Owner Thereof, Defining the Mode of Recovering its Possession, and Providing for Redress of any Grievance that may arise from Proceedings under this Act," approved January twentieth, eighteen hundred and sixty; and "An Act authorizing the Issuing of Executions against Judgment Debtors, Non-Residents of the County," approved January nineteenth, eighteen hundred and sixty-four; and "An Act in Relation to the Judiciary," approved January nineteenth, eighteen hundred and fifty-five; and "An Act in Relation to Justices of the Peace," approved February fourth, eighteen hundred and fifty-two; "An Act Authorizing the Governor to Appoint Commissioners to take Acknowledgement of Deeds or other Contracts, and Affidavits and Depositions in the States and other Territories of the United States;" approved February eighteenth, eighteen hundred and sixty-eight, as conflict with the provisions of this Act, are hereby repealed. Amendments AN ACT Amending "An Act Amendatory of and Supplementary to the Charter of St. George City," Approved February 21, 1868. [Approved February 18, 1870.] Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the second Section of "an Act amendatory of and supplementary to the Charter of St. George City," Approved February Twenty-First, Eighteen Hundred and Sixty-Eight, be amended by adding to said Section the words following, to wit: provided, that owners of city lots, drawing water from the public sects for irrigating the same may for each and every lot so irrigating, be taxed not exceeding the amount specified in this Section, to be used in making, cleaning and repairing sects, and street crossings or otherwise supplying the city with water, but owners so taxed shall not be liable to the tax first authorized in this Section. AN ACT Providing for the Removal or Burial of Dead Animals. [Approved February 18, 1870.] offensive dead SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That all horses, cattle, mules and sheep or other animals, which shall have died At whose within the limits of any town, or settlement or near any main expense traveled Territorial or County road of this Territory, shall be animals may removed, or buried within two days from the death of said be removed or animals by the owner thereof, or the person having it in charge at the time of its death, but if such person cannot be found, then at the expense of the county in which the said town, settlement or roads are situate. If within the incorporated limits of a city then at the expense of said city. buried. SEC. 2. When any animal is left unburied it shall be Directions taken one half mile from any town or settlement and one with regard quarter of a mile from any main traveled Territorial or County to removal road, and twenty rods from any spring, running stream or water ditch, and it shall be the duty of all Sheriffs, Constables and city Marshals of this Territory to see that the provisions of this Act are carried into effect: provided, that any citizen may bury or remove such animals and collect pay therefor from the owner if known, or from the County when the owner is not known. SEC. 3. Any person refusing or neglecting to comply with the requirements of this Act shall upon conviction thereof, before any acting Justice of the Peace, be fined in a sum not exceeding Ten Dollars, the expense of removing or burying said animal and cost of suit. Penalty. AN ACT Amending "An Act Providing for a Poll Tax for Road [Approved February 18th, 1870.] SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section One of ""An Act Amendmente. Providing for a Poll Tax for Road Purposes," approved January sixteen, eighteen hundred and sixty-two, be amended, by inserting after the word "and" in the fourth line, "shall annually," and after the word "district" in the fifth line, "whose term of office shall be for one year, or until his successor is appointed and qualified," and in line seven after the word "under" substitute for the word "Fifty," "Sixty.” Repeal. Judge may apportion jurors. AN ACT To amend "An Act defining who are exempt from serving on [Approved February 18, 1870.] SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Sections Five, Six and Ten of the Act defining who are exempt from serving on juries and prescribing the mode of procuring Grand and Petit Jurors, and juries for District Courts and for other purposes, approved January twenty-first, eighteen hundred and fiftynine, be and the same hereby are repealed, and in lieu thereof the following be enacted: When a District Court is to be held for a District and the Judge thereof is reliably advised that the ends of justice will be materially promoted by so doing, he may apportion the jurors, both Grand and Petit, between two or more Counties of his District. SEC. 2. When a District Court is to be held, whether for a District or for a County, the Clerk of said Court shall, at Clerk to issue least thirty days previous to the time of holding said Court, venire, when. issue a writ to the Territorial Marshal, if said Court is to be holden for a District, or to the Sheriff of the County in which said Court is to be held, if said Court is to be held for a County, specifying the time and place of holding said Court, requiring him to summon eighteen eligible men to serve as Grand Jurors, and eighteen eligible men to serve as Petit Jurors. Duty of Mar SEC. 3. Upon the reception of said writ, the Territorial shal or Sheriff. Marshal, or Sheriff, as the case may be, shall proceed to the office of the Clerk of the County Court of the County from which jurors are to be summoned, and the said Clerk shall, in the presence of the officer, thoroughly shake the tickets preTickets drawn viously deposited in a box or other safe place of deposit, and draw therefrom promiscuously, the number of jurors required to be summoned from such County for Grand Jurors and for furnished and Petit Jurors, keeping separate lists, and those drawn for Grand Jurors shall be summoned for Grand Jurors, and those drawn by lot. List to be signed by Clerk. |