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Time in which the transcript of the proceed


with the orders of that Court, the appeal shall be taken to the next term of the District Court in the County, or next nearest County, where the same shall be holden, if there be ten days between the day when the judgment was rendered, and the day of the sitting of the District Court.

SEC. 32. Within twenty days from the day of the apings must be peal, and within five days in the case mentioned in the last paragraph of the preceding section, the Clerk of the Probate Court is required to file a transcript of the proceedings in the matter in which the appeal is taken, authenticated by the seal of the Probate Court with the Clerk of the District Court, who shall enter the same among the cases pending in that Court. Transcripts of the records and copies of the papers pertaining to the Probate Court, may be certified and signed by either the Clerk or the Judge.


SEC. 33. The Probate Judges in their respective Counties shall appoint a Clerk, who shall keep his office at the County seat, and who shall attend all sessions of the Probate Court, as also sessions of the county court, for the Clerk to keep transaction of County business. It shall be the duty of the Clerk of the Probate Court, to keep a full and true record of all the proceedings in the Probate Court in session, entering distinctly each step in the progress of any proceedings; but such record shall be equally valid if made by the Judge.

a full record.

Clerks of district and probate to report annually to th


SEC. 34. The Clerks of the District Courts and of the secretary of the Probate Courts respectively, are hereby required to report to the Secretary of the Territory, on or before the first Monday of November of each year, the number of convictions for all crime, and misdemeanors, in their respective Courts, for the year preceding such report, shall show the character of the offence, and the sentence of punishment, the occupation of the convict, whether he can read or write, and his general habits, and also the expenses of the County for criminal prosecution during the year, including but distinguishing the compensation of the Prosecuting Attorney. The Clerks aforesaid shall also forward to the Secretary, copies of all reports made, of decisions, and opinions, which shall be reported, or filed in his office.

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 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.


ty court.

SEC 36. This Court is authorized and required to take the management of all county business, and the care and Duties of coun custody of all the county property, except such as is byty him placed in the custody of another, and shall have the control of all books, papers, and instruments pertaining to their office; said Court shall 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 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


County book

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 reCounty, and on the first Monday of May annually, causeceipts and expenditures. a minute statement of them for the preceding year to be

County court

timber &c.

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.

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 respecPrecincts, &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 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.

Select jurors.

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, to 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 su in the discharge of their duties as prescribed for Countypervisors, & Commissioners and Supervisors (so far as the same shall

be applicable) in an Ordinance in relation to Road Tax and Supervisors.

Approved, February 4, 1852.

Dne justice &

in each district.


SEC. 1. Be it enacted by the Governor and Legislative Asone constalle sembly of the Territory of Utah, That each Precinct in this Territory shall elect one Justice of the Peace, and one Constable, and the same may be increased in any 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 $1009.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 Governor.

two years.

by the Gov.

1 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 demerits 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.

Jurisdiction of


SEC. 4. Justices of the Peace have jurisdiction over all, justices 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

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