Page images
PDF
EPUB

AN ACT

Amendatory of chapter forty-eight of the Compiled Laws, of Proceedings in Civil Cases.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. That section two hundred and thirty-eight of chapter forty-eight of the Compiled Laws, is hereby amended to read as follows:

SEC. 238. The purchaser from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, shall be entitled to receive from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. Provided, that if the property sold is redeemed, the purchaser shall pay to the redemptioner the rents and profits he may have received from the possession of the said premises.

SEC. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

APPROVED February 2d, 1875.

AN ACT

Concerning the salary of the Justices of the Supreme Court of the Territory of Arizona.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. There shall be paid to each of the Justices of the Supreme Court of this Territory, from the first day of January, A. D. 1875, the sum of six hundred dollars per annum as additional compensation to the salary now provided by law; and the same shall be paid quarterly upon the warrant of the Auditor of the Territory out of any money in the treasury not otherwise appropriated.

SEC. 2. The Territorial Auditor shall draw his warrants quarterly in favor of the Chief Justice and each of the Associate Justices, upon the Territorial Treasurer, for the sum of one hundred and fifty dollars.

SEC. 3. This act shall take effect immediately.

APPROVED February 8th, 1875.

AN ACT

To prescribe the fees of Justices of the Peace in certain

cases.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. Justices' fees in the trial of criminal cases of which Justices of the Peace have jurisdiction, shall be as follows, to-wit: For filing the complaint or deposition upon which a warrant of arrest is asked, twenty-five cents; for issuing a warrant of arrest thereon, two dollars; for an order for a jury, when a jury trial is demanded, one dollar; for swearing jury, fifty cents; for all proceedings on the trial, including the swearing of witnesses and the entry of judgment, three dollars; for all proceedings, including the filing of the complaint, issuing the warrant of arrest, and the entry of judgment upon a plea of guilty, five dollars.

SEC. 2. All fees allowed Justices of the Peace shall be taxed as costs against the defendant in case of conviction, and may be collected by execution as in civil cases, and when such fees cannot be collected from the defendant, shal! be a legal charge against the county, which shall be audited by the Board of Supervisors of the proper county, as other claims are audited and paid.

SEC. 3. Upon an acquittal of a defendant or the dismissal of the prosecution, the justice may, if he find certified in his docket that the prosecution was malicious or without probable cause, enter an order taxing the costs against the prosecution or complainant, and may issue an execution therefor. Provided, that

this act is not intended to apply to proceedings had before a Justice of the Peace when acting as a magistrate in preliminary examinations.

SEC. 4. This act shall take effect and be in force from and after its passage.

APPROVED February 9th, 1875.

AN ACT

Concerning Interpreters.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. That in all the courts of this Territory, whenever it becomes necessary to employ the services of an interpreter, that the presiding Judge or Justice thereof may appoint any suitable person, possessing the requisite knowledge of the language to be interpreted, to act in that capacity.

SEC. 2. Such interpretation, either verbal or written, shall be deemed the official interpretation of the court.

SEC. 3. If any good cause be shown why such appointment should not be made at the time of making the appointment by either party in suit, preliminary examination, or prosecution, the objection shall be heard and disposed of in a summary manner by the presiding Judge or Justice, and if the objection be sustained, such appointment shall be made as will answer the demands of substantial fairness in the interpretation.

SEC. 4. Interpreters shall receive for their services the sum of five dollars per day, commencing at the time when they shall have been sworn in, and ending when discharged by the

court.

SEC. 5. In all civil business the court may require their fees to be paid into court, before the condition of verdict or judgment, to be paid by the losing party, and in all criminal business their fees shall become a county charge, and paid as other county indebtedness.

SEC. 6. This act shall take effect and be in force from and

after its passage.

APPROVED February 9th, 1875.

AN ACT

To Provide for the care of Indigent Persons.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. The Board of Supervisors of the several counties of this Territory shall take care of and provide for every poor person within their respective counties who is blind, old, lame, sick or decrepit, or in any other way disabled, or enfeebled, so as to be unable to maintain him or herself, and who shall not be relieved or maintained by his or her relatives as is provided by chapter fifty-six of the compiled laws of Arizona.

SEC. 2. The said Board of Supervisors are hereby authorized and empowered to apply and pay out any moneys that may at any time be in the general fund of their respective counties, for the purpose of carrying out the requirements of section one of this act.

SEC. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 4. This act shall take effect from and after its passage. APPROVED February 9th, 1875.

AN ACT

Concerning Insurance Companies organized without this Territory.

Be it enacted by the Legislative Assembly of the Territory of Arizona:

SECTION 1. It shall not be lawful for any agent of any Insurance Company not incorporated under the laws of this Territory to transact the business of insurance within this Territory, unless the insurance company shall have first obtained a certificate of authority from the Territorial Treasurer, which certificate shall be issued to such agent upon his filing with said Treasurer a statement under oath showing: First. The name and locality of the company.

Second. The amount of capital stock.

Third. The capital stock paid up.

Fourth. The amount of its accumulation, and assets and liabilities.

Fifth. Surplus as to policy holders.

Together with a written agreement under seal of the company, signed by the president and secretary thereof, and agreeing on the part of the company, that service or process in any civil action against such company may be made upon any agent of the company in the Territory, and authorizing such agent, for and in behalf of such company, to admit such service of process on him, and agreeing that the service of process upon any such agent shall be valid and binding upon the company as if made upon the president or secretary thereof.

SEC. 2. The statement referred to in section one shall be renewed annually in the month of March of each year. The first statement may be made any time.

SEC. 3. Upon filing said renewed statement, the agent shall also file therewith a statement under oath of the sum total of the premium receipts collected within the Territory, for the period elapsing since the filing of the previous statement, and shall cause such statement to be published in at least one newspaper published within the Territory, and thereupon the Treasurer shall levy a tax of one and onehalf per cent upon said premium receipts, which shall be paid by said agent to said Treasurer before said certificate of authority can issue; the said tax to go into the general fund of the

« PreviousContinue »