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Duty of Treas-property belonging to the Territory, that may be raised by taxation, or otherwise; and shall procure suitable books in which he shall enter an account of his receipts, and disbursements; to whom made, and on what account.

Gov.

that may

SEC. 4. The Treasurer shall pay all moneys come into his hands, by virtue of his office, upon drafts or orders countersigned by the Auditor of public accounts; Shall report toand shall annually report to the Governor, on or before the first day of November, or oftener, if required by the Governor, a true account of his receipts and disbursements, with the necessary vouchers for the same; and shall deliver to his successor in office, all books, moneys, accounts, or other property belonging to the Territory, so soon as his successor shall become qualified.

Auditor shall give bonds.

Duty of Audi

tor.

Officers shall

make report to Auditor. I

SEC. 5. The Auditor of public accounts, previous to entering upon the duties of his office, shall give bonds to the people of the Territory of Utah, in the penal sum of five thousand dollars, which sum may be increased at the discretion of the Legislature, or during its recess, by the Governor, with sufficient securities to be approved by the Governor; and shall also take an oath or affirmation, to support the Constitution of the United States, and faithfully discharge the duties of his office.

SEC. 6. The Auditor of public accounts shall examine and audit all public accounts connected with the pecuniary affairs of the Territory, and shall report the same to the Governor, on or before the first day of November in each year, and oftener if required by the Governor, and shall deliver to his successor in office, all books, moneys, accounts, or other property, belonging to the Territory, so soon as his successor, shall become qualified.

SEC. 7. It shall be the duty of all officers in the Territory, having the handling of the public funds, in either collecting or disbursing the same, to make a report to the Auditor of public accounts, on or before the first day of October, in each year.

Approved, January 20, 1852.

AN ACT TO CREATE THE OFFICE OF A COUN-
TY TREASURER IN EACH COUNTY OF THE
TERRITORY OF UTAH, AND TO DEFINE THE
DUTIES THEREOF.

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SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That there shall be, and hereby is created the office of county Treasurer, in each county of the Territory of Utah.

Shall qualify

"and give bonds

SEC. 2 The Treasurer shall be elected by the qual-Treasurer how ified electors of their respective counties, at the time of elected. the general election of the Territory; whose term of office shall be four years, and until his successor shall be elected and qualified; and said Treasurer, before entering upon the duties of his office, shall take an oath or affirmation, before the Clerk of the county court, to support the Constitution of the United States, and the laws of this Territory; and faithfully discharge the duties of his office, and shall give bonds to the people of their respective counties: the amount of bonds to be prescribed by the county court, with security, to be approved by said court, for the faithful discharge of the duties of his office, which bonds shall be filed in the office of the Clerk of the county court.

SEC. 3. The county Treasurer, shall keep an accurate Duty of the account of all moneys, or other property received, or dis-Treasurer. bursed, and shall pay over all demands, that shall be legally presented, and shall render a true account, with necessary vouchers for the same, semi-annually to the county court, or whenever it shall be called for by said court, and his office shall be kept at the county seat.

SEC. 4. The county Courts are hereby authorized to court may apappoint a county Treasurer in their respective counties.point Treas. who shall be qualified as provided by this act, to serve until the first general election, and until his successor shall be elected and qualified: said Courts are also hereby authorized to fill any vacancy that may hereafter occur in the office of county Treasurer according to the provisions of this act, whose term of office shall be till the next succeeding general election of the Territory.

Approved, February 3, 1852.

AN ACT TO CONTINUE IN OFFICE CERTAIN
OFFICERS THEREIN NAMED.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That all Territorial, District. County, and Township officers, who have been ap- ́ pointed and commissioned by the Governor pursuant to the provisions of the Organic Law, whose commissions expire at the end of the first session of the Legislative Assembly, be, and the same are hereby continued in full force and effect until their places are filled by appoint ment or election, as the case may be according to law. Approved, February 17, 1852.

Judge of Probate to appoint 3 select men.

Also an Asses

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AN ACT TO PROVIDE FOR THE APPOINTMENT
OF THREE SELECT MEN, AND AN ASSESSOR
AND COLLECTOR IN THE SEVERAL COUN-
TIES IN THIS TERRITORY FOR THE CUR-
RENT YEAR.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That it shall be the duty of the Judges of Probate to appoint, in their respective counties, three men, who shall act as Select men, until their places shall be filled by election: such men thus appointed, shall take the oath of office, as provided for by law.

SEC. 2. It shall be the duty of the Judges of Probate, sor and Collec-to appoint an Assessor and Collector in their respective counties for the current year, who shall proceed forthwith to assess and collect the Territorial and County taxes in their respective counties, and pay the same over to the persons entitled to receive the same according to law.

Shall give bonde.

SEC. 3. It shall be the duty of each Assessor and Collector, before entering upon the duties of his office, to take an oath or affirmation for the faithful performance of his duties, and give bond with approved security, to the people of his county, in a sum to be approved of by the Judge

of Probate. to be filed in the Clerk's office in their

tive counties.

Approved March 3d, 1852.

respec

AN ACT IN RELATION TO CRIMES AND PUN-
ISHMENTS.

TITLE I.

OFFENCES AGAINST THE TERRITORY.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That whoever is guilty ofTreason, puntreason, by levying war against the Territory, or by ad-ishment of hering to its enemies, giving them aid and comfort, shall be punished with death.

treason.

SEC. 2. If any person have knowledge of the commis-Misprision of sion of the crime of treason against the Territory, and" conceal the same, and not as soon as may be, disclose such offence to the Governor, or some Judge of the Territory, he is guilty of mis-prision of treason; and shall be fined, not exceeding one thousand dollars, or be imprisoned not" xceeding ten years, nor less than one year.

Punishment of.

Two witnesses

SEC. 3. No person can be convicted of the crime of treason, unless on the evidence of two witnesses to the to convict of same overt act, or on open confession in open court.

TITLE II.

OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDU

ALS.

10

treason.

SEC. 4. Whoever kills any human being, with malice aforethought, either expressed or implied, is guilty of mur-Murder. der.

Wilful murder

SEC. 5. All murder which is perpetrated by means of defined.

poison, or lying in wait, or any other kind of wilful, deliberate, and premeditated killing; or which is committed in the perpetration, or attempt to perpetrate any arson, rape, Punishment. robbery, mayhem, or burglary, is murder of the first degree; and shall be punished with death.

Manslaughter. SEC. 6. Whoever commits murder otherwise than is set forth in the preceding section, is guilty of murder of Punishment. the second degree; and shall be punished by imprisonment for life, or for a term not less than ten years.

Jury find the

der.

SEC. 7. Upon the trial of an indictment for murder, degree of mur-the jury if they find the defendant guilty, must inquire, and in their verdict, declare whether he be guilty of murder in the first or second degree. But if such defendant be If prisoner con-convicted upon his own confession in open court, the court fess determine, must proceed, by the examination of witnesses, to determine the degree of murder, and award sentence accordingly.

the degree of.

Duel, when murder.

Duel when not murder.

Or aides at.

Punishment.

Any person

vex, &c., for

SEC. 8. Whoever fights a duel with deadly weapons, and inflicts a mortal wound on his antagonist, wherefrom death ensues, is guilty of murder of the first degree, and shall be punished accordingly.

SEC. 9. Any person who fights a duel with deadly weapons, or is present at the fighting of such duel, as aid, second, or surgeon; or advises, encourages, or promotes such duel, although death do not ensue; and any person who challenges another to fight a duel, or sends or delivers any verbal or written message, purporting, or intended to be such challenge, although no duel ensue; and any person who accepts such challenge, or who consents to act as a second, aid, or surgeon, on such acceptance, or who advises, encourages, or promotes the same, although no duel ensue; shall be fined in a sum not exceeding one thousand dollars, nor less than four hundred dollars; and imprisoned not more than three years, nor less than one year.

SEC. 10 If any person vex another, or in writing or print use any reproachful or contemptuous language to, not fight duel. or concerning another, for not fighting a duel, or for not sending or accepting a challenge, he shall be fined not exceeding three hundred dollars, nor less than one hundred

Punishment.

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