Page:United States Statutes at Large Volume 18 Part 3.djvu/284

 254 FORTY-THIRD CONGRESS. Sess. I. GH. 469. 1874. thing in controversy shall be three hundred dollars or upward, and in all controversies where the title, possession, or boundaries of land, or mines or mining claims shall be in dispute, whatever the1r_value, except in actions for iorcible entry, or forcible and unlawful detamer, and they shall Probate courts, have jurisdiction in suits for divorce. Probate courts, in their respect- J¤*¤**°**¤¤· ive counties shall have jurisdiction in thescttlement of the estates of decedents, and in matters of guardianship and other hire matters; but otherwise they shall have no civil, chancery, or criminal jurisdiction whatever; they shall have jurisdiction of suits of divorce for statutory causes concurrently with the district courts; but any defendant in a suit R¤¤¤<>v¤l of di- for divorce commenced in a probate court shall be entitled after appear. X9'? "““f°“ '·° d‘“` ance and before plea or answer, to have saidsuit removed to the dis- ' lc- mm S' trict court having jurisdiction when said suit shall proceedin like man- Authority of pro- ner as if originally commenced in said district court. Nothing in this b¤*>¤ <=9¤¤*¤ #0 wwf act shall be construed to impair the authority of the probate courts to ggdaisgd ““‘“ “°° enter land in trust for the use and benefit of the occupants of towns in Pthe various counties of the Territory of Utah, according to the provis- 1867, ch. 171,ve1.ions of ‘*An act for the relief of the inhabitants of cities and towns ‘ xivégé 54}- 3 1 upon public lands/’ approved March second, eighteen hundred and sixty- X`} é.,° ‘· 5 · "° · seven and “An act to amend an act entitled ‘An act for the relief of the ’p'inhabitants of cities and towns upon the public lands"’ approved June eighth, eighteen hundred and sixty-eight; or to discharge the duties assigned to the probate judges by an act of the legislative assembly of the Territory of Utah entitled “AIl. act prescribing rules and regulations ibr the execution of the trust arising under an act of Congress entitled ‘An act for the reliefof the inhabitants of cities and towns upon the Certainjudgments public lands!" All judgments and decrees heretofore rendered by the wl d<><=¤‘<><>¤ vvn- probate courts which have been executed, and the time to appeal from mmm: which has by the existing laws of saidTerritoryexpired, are hereby val- . Jumdicti 0 u Ofidated and confirmed. The jurisdiction heretofore conferred upon jus- -,mic,,B of th., Bw, tices of the peace by the organic act of said Territory is extended to all `Lxtended P cases where the debt or sum claimed shall be less than three hundred Appeeitcuimiet dollars. From all iinal judgments of justices of the peace an appeal °°¤¥‘*¤· shall be allowed to the district courts of their respective districts, in the same manner as is now provided by the laws of said Territory for appeals Appeal from pm- to the probate courts; and from the judgments of the probate courts an bm ¤<>¤¤‘*¤· appeal shall lie to the district court of the district embracing the county in which such probate court is held in such cases and in such manner as the supreme court of said Territory may, by general rules framed for Proceed i u gs cu that purpose, specify and designate, and such appeal shall vacate the "°2"’“;__d in rm pellate court. Appeals may be taken from both justices’ and probate cas,}:,? P courts to the district court of their respective districts in cases where judgments have been heretofore rendered and remain unexecuted; but this provision shall not enlarge the time for taking an appeal beyond Wm Ofmor from the periods now allowed by the existing laws of said Territory for tak- Supmm, C,,,,,,, Oygig appeals; A writ of error frqm the Supreme Court of the Pnited United States su tates to thesupreme court of the Territory shall lie in crimina cases, °•>=*·¤¤¤ ¤¤¤¤¤· where the accused shall have been sentenced to capital punishment or convicted of bigamy or polygamy. _Whenever the condition of the business dudge or any me- in the district court of any district is such that the judge of the district 9*:;* m‘*·i§'1`°‘1“°"iS uname to do the same,-he may request the judge of either of the ffl8g_?; t:'“8§'s‘;*}*;’Q other districts to assist him; and, upon such request made the judge so requested may hold the whole or part ofany term, or any luauch there of, and his acts as judge shall be of equal force as if- he were duly assigned to hold the courts in such district. · · J¤fS’·1}¤¤1"¤fgM¤d $1310..4. That within sixty days after the passage of this act, and iu ·L:;°   the month of January annually thereafter, the clerk of the district court I,m,,_j_ P in each judicial district, and the judge of probate of the county in which the district court is next to be held, shall prepare a jury·list from which ’ grand and petit jurors shall be drawn, ‘tc serve in the district courts, of such district, until a new list shall be made as herein provided,
 * 1*1*%* from P¤¤l>¤·t¤ judgment appealed irom, and the- case shall be tried de novo in the ap-