Pilkey v. Gleason
Pilkey v. Gleason
Opinion of the Court
By the act of January 22, 1853 (session laws of 1853, 74), the time for holditig the District Court in Davis county, was “ on the second Mondaj^s in February and September.” By an act approved January 25, 1855 (Laws of 1855, 184), a change was made in the times of holding the courts in the third judicial' district, including the county of Davis, fixing those times “ on the second Monday after the fourth Monday in February, and on the second
Held, that under the rule laid down by this court, in the case of Scott v. Clark et al., ante, 70, the act of January 25th, 1855, did not take effect until July 1, 1855, the legislature, under the constitution, having no power to delegate the power to determine what laws should take effect by publication in the newspapers.
Held, also, that as this act did not take effect until July 1st, 1855, the first ensuing terms, mentioned in section 8, were those to be held after the taking effect of the act, and that said court was therefore properly held on the second Monday in September, as provided for in the act of January 22, 1853.
Held, also, that by the terms of the several acts, the entire courts in the several counties of the district, are treated collectively ; and that, as by the act of 1853, some of said courts were being held at the time of the passage of the act of 1855, said act of 1855 had reference to the ensuing terms, all of which were to be held, and commence, after the act was passed^
Judgment affirmed.
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