Either party entitled to subpœnas, etc.

Form of subрена.

When books, papers, etc., are required.

Who may serve subpœna.

Persons living

not obliged to attend court

unless.

SEC. 79. On the application of either party, the justice must issue a subpoena for such witness or witnesses as are desired by the applicant; Provided, That names of all the witnesses desired by both parties, may be included in the same subpoena.

SEC. 80. A subpoena must be substantially in the following form: The people of the Territory of Utah to (naming the witness or witnesses): You are required to appear before me, a Justice of the Peace ofprecinct, in- -county, at (naming the place) on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the Territory of Utah, againstGiven under my hand this- day of

18

A. D.

Justice of the Peace.

If books, papers, or documents are required, a direction to the following effect must be contained in the subpoena.

"And you are required also, to bring with you the following: (describing intelligibly the books, papers or documents required.)"

SEC. 81. A subpoena may be served by any person over twenty-one years of age, but a peace officer must serve in any county any subpoena delivered to him for service, either on the part of the people or of the defendant, and must, without delay, make a written return of the service, subscribed by him, stating the time and place of service. The service is made by showing the original to the witness personally and informing them of its contents.

SEC. 82. No person is obliged to attend as a witness out of the county before a justice's court, out of the county in which the witness resides, unless the justice shall indorse on the subpoena an order for the attendance of the witness; Provided, Such indorsement shall not be made on the subpoena unless the party desiring the witness shall first file with the justice an affidavit showing that the evidence of the witness is material, and that his attendance at the trial is desired.

Proviso.

The justice may require any competent person to act as

interpreter.

SEC. 83. The justice may issue an order requiring any competent person to appear before the court at or during a trial or proceeding and act as interpreter. Said interpreter must be sworn to the effect that he will well and truly, to the best of his ability, discharge the duties of interpreter, under the direction of the court.

The manner

of compelling compliance on the part of the interpreter is the same as that provided in the case of witnesses.

CHAPTER VIII.

Contempts and the Punishments thereof.

SEC. 84. A justice may punish, as for contempt, Justice may persons guilty of the following acts, and no other:

1. Disorderly, contemptuous or insolent behavior towards the justice while holding court, tending to interrupt the due course of a trial or other judicial proceeding.

2. A breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice, or in the immediate vicinity of the court held by him, tending to interrupt the due course of a trial or other judicial proceeding.

3. Disobedience or resistance to the execution of a lawful order or process, made or issued by him.

4. Disobedience to a subpoena duly served, or refusing to be sworn, or to answer as a witness.

5. Rescuing any person or property in the custody of an officer by virtue of an order or process of the court held by him.

punish for contempt, when.

tice may be pun

ished summarily.

SEC. 85. When a contempt is committed in the im- Contempt in mediate view and presence of the justice, it may be pun- presence of jusished summarily; to that end an order must be made reciting the facts, as they occurred, and adjudging that the person proceeded against is thereby guilty of contempt, and that he be punished as therein prescribed.

in presence of

justice, a war

rant may be

SEC. 86. When the contempt is not committed in the When contempt immediate view and presence of the justice, a warrant of is not committed arrest may be issued by such justice, on which the person so guilty may be arrested and brought before the justice issued. immediately, when an opportunity to be heard in his defense or excuse must be given. The justice may, thereupon, discharge him, or may convict him of the offense.

SEC. 87. A justice may punish for contempt by fine Penalty for or imprisonment, or both; such fine not to exceed in any contempt. case one hundred dollars, and such imprisonment, one day.

Defendant may appeal to district court.

Appeal, how

taken.

Witnesses may

be required to

enter into recog⚫

CHAPTER IX.

Appeals to District Courts.

SEC. 90. Any defendant in a criminal action tried before a justice of the peace, who is dissatisfied with the final judgment of such justice, may appeal therefrom to the district court of the district embracing the county where such justice's court is held, at any time within thirty days from the rendition of such judgment.

SEC. 91. The appeal is taken by filing with the justice an affidavit by or on behalf of the appellant, in which the alleged errors of the proceedings complained of are stated, and that the affiant verily believes that injustice has been done, and by filing an undertaking by or on behalf of the defendant, in at least double the amount of the fine, or of the fine and costs, as the case may be, with at least two good and sufficient sureties, and conditioned that he will appear at the first term of the court thereafter to which appeal is taken.

SEC. 92. The justice may cause all material witnesses to enter into recognizance to appear at the time and nizance for their place of trial, and shall forthwith transmit all papers in the case together with a certified copy of the entries in his docket, to the clerk of the district court to which the case is appealed.

appearance.

Appeal cannot

be dismissed for insufficiency,

etc,

If appeal is dismissed, copy

SEC. 93. No appeal shall be dismissed for any insufficiency or informality in either the affidavit or undertaking, or both, if the defendant file a sufficient affidavit or undertaking in pursuance of any order of the court.

SEC. 94. If the appeal is dismissed, a copy of the must be remitted order of dismissal must be remitted to the justice, who may proceed to enforce the judgment.

to justice,

Appeal vacates judgment.

SEC. 95. The appeal vacates the judgment appealed from, and the case must be tried de novo in the district

court.

and its provisions and all proceedings under it, are to be liberally construed, with a view to effect its objects and to promote justice.

SEC. 4. The provisions of this Code, so far as they Con-trued as are substantially the same as existing statutes, must be con- continuations. strued as continuations thereof, and not as new enactments.

SEC. 5. No action or proceeding commenced before Actions, etc.. this Code takes effect, and no right accrued, is affected by not effected by its provisions, but the proceedings therein must conform to

the requirements of this Code as far as applicable.

SEC. 6. When a limitation or period of time pre- Limitations shall scribed in any existing statute for acquiring a right or continue to run. barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, and the same or any limitation is prescribed in this Code, the time which has already run shall be deemed part of the time prescribed as such limitation by this Code.

SEC. 7. Holidays, within the meaning of this Code, Holidays. are every Sunday; the first day of January; the twentysecond day of February; the thirtieth day of May, commonly called Decoration Day; the fourth day of July; the twenty-fourth day of July, commonly called Pioneers' Day; the twenty-fifth day of December; and all days which may be set apart by the President of the United States, or the Governor of Utah Territory, by proclamation, as days of fast or thanksgiving.

SEC. 8. The time in which any act provided by law Computation of is to be done is computed by excluding the first day, time. and including the last day, unless the last day is a holiday, and then it is also excluded.

holidays.

SEC. 9. Whenever any act of a secular nature, other Certain act not than a work of necessity or mercy, is appointed by law or to be done on contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed; Provided, That nothing in this or the preceding section shall be so construed as to in any manner change, alter or modify the time of the maturity of negotiable instruments as provided in an act entitled" An Act in Relation to Negotiable Instruments," approved March 9, 1882.

SEC. 10. When the seal of a court, or public officer, Seal defined. is required by law to be affixed to any paper, the word seal includes an impression of such scal upon the paper alone, as well as upon wax or a wafer affixed thereto. In all other cases the word seal may include a scroll printed or written.

When act takes effect.

tive thereto, and nothing in this act shall be construed as being in conflict with any of the provisions of such laws nor of the provisions of any law relative to proceedings in any other than justices' courts.

SEC. 107. This act shall take effect at twelve o'clock noon on the first day of August, A. D. 1884, and from and after that time all prosecutions for public offenses, in all courts held by justices of the peace, police justices, and mayors and aldermen sitting as justices of the peace, or police justices, whether such prosecutions be brought under the ordinances or by-laws of any incorporated city, or under the laws of this Territory, must be conducted according to the provisions of this act.

SEC. 108. All laws and parts of laws in conflict with this act are hereby repealed.

Approved March 13, 1884.

CHAPTER LV.

OF CIVIL PROCEDURE.

When act takes effect.

Not retroactive.

How construed.

AN ACT revising the Code of Civil Procedure of Utah
Territory.

Be it enacted by the Governor and Legislative Assembly of the Territory of Utah as follows:

Preliminary Provisions.

SECTION 1. This Code takes effect at twelve o'clock, noon, on the first day of August, eighteen hundred and eighty-four.

SEC. 2. No part of it is retroactive, unless expressly so declared.

SEC. 3. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this Territory, respecting the subjects to which it relates,