170 



CONGRESS. (POLYGAMY.) 



ner recognize any such corporation or association, or 

 to pass any law for the purpose of or operating to ac- 

 complish the bringing of persons into the saia Terri- 

 tory for any purpose whatsoever. 



SEC. 16. That it shall be the duty of the Attorney- 

 General of the United States to cause such proceedings 

 to be taken in the Supreme Court of the Territory of 

 Utah as shall be proper to carry into effect the provis- 

 ions of the preceding section, and pay the debts and to 

 dispose of the property and assets of said corporation 

 according to law. Said property and assets, iu excess 

 of the debts and the amount of any lawful claims es- 

 tablished by the court against the same, shall escheat 

 to the United States, and shall be taken, invested, and 

 disposed of by the Secretary of the Interior, under the 

 direction of the President of the United States, for the 

 benefit of common schools in said Territory. 



SEC. 17. That the acts of the Legislative Assembly 

 of the Territory of Utah, incorporating, continuing, 

 or providing for the corporation known as the Church 

 of Jesus Christ of Latter- Day Saints, and the ordi- 

 nance of the so-called General Assembly of the State of 

 Deseret incorporating the Church of Jesus Christ of 

 Latter- Day Saints, so far as the same may now have 

 legal force and validity, are hereby disapproved and 

 annulled, and the said corporation, in so liar as it may 

 now have, or pretend to have, any legal existence, is 

 hereby dissolved. That it shall be the duty of the 

 Attorney-General of the United States to cause such 

 proceedings to be taken in the Supreme Court of the 

 Territory of Utah as shall be proper to execute the 

 foregoing provisions of this section and to wind up the 

 affairs of said corporation conformably to law ; and in 

 such proceedings the court shall have power, and it 

 shall be its duty, to make such decree or decrees as 

 shall be proper to effectuate the transfer of the title to 

 real property now held and used by said corporation 

 for places of worship, and parsonages connected there- 

 with, and burial-grounds, and of the description men- 

 tioned in the proviso to section 13 of this act and in 

 section 26 of this act, to the respective trustees men- 

 tioned in section 26 of this act ; and for the purposes 

 of this section said court shall have all the powers of 

 a court of equity. 



SEO. 18. (a) A widow shall be endowed of the third 

 part of all the lands whereof her husband was seized 

 of an estate of inheritance at any time during the mar- 

 riage, unless she shall have lawfully released her right 

 thereto. 



(ij The widow of any alien who at the time of his 

 death shall be entitled by law to hold any real estate, 

 if she be an inhabitant of the Territory at the time 

 of such death, shall be entitled to dower of such estate 

 in the same manner as if such alien had been a native 

 citizen. 



(c) If a husband seized of an estate of inheritance in 

 lands exchanges them for other lands, his widow shall 

 not have dower of both, but shall make her election to 

 be endowed of the lands given or of those taken in ex- 

 change ; and if such election be not evinced by the 

 commencement of proceedings to recover her dower of 

 the lands given in exchange within one year after the 

 death of her husband, she shall be deemed to have 

 elected to take her dower of the lands received in ex- 

 change. 



(d) When a person seized of an estate of inheritance 

 in lands shall have executed a mortgage, or other con- 

 veyance in the nature of mortgage, of such estate, be- 

 fore marriage, his widow shall nevertheless be entitled 

 to dower out of the lands mortgaged or so conveyed, 

 as against every person except the mortgagee or grantee 

 in such conveyance and those claiming under him. 



(e) Where a husband shall purchase lands during 

 coverture, and shall at the same time execute a mort- 

 gage, or other conveyance in the nature of mortgage, 

 of nis estate in such lands to secure the payment of 

 the purchase-money, his widow shall not be enti- 

 tled to dower out of such lands, as against the mortga- 

 gee or grantee in such conveyance or those claiming 

 under him, although she shall not have united in 



such mortgage ; but she shall be entitled to her dower 

 in such lands as against all other persons. 



(./) Where in such case the mortgagee, or such 

 grantee or those claiming under him, shall, after the 

 death of the husband of such widow, cause the land 

 mortgaged or so conveved to be sold, either under a 

 power of sale contained in the mortgage or such con- 

 veyance, or by virtue of the decree ot a court, if any 

 surplus shall remain after payment of the moneys due 

 on such mortgage or such conveyance, and the costs 

 and charges of the sale, such widow shall nevertheless 

 be entitled to the interest or income of the one-third 

 part of such surplus for her life as her dower. 



(g) A widow shall not be endowed of lands con- 

 veyed to her husband by way of mortgage unless he 

 acquire an absolute estate therein during the marriage 

 period. 



(h) In case of divorce dissolving the marriage con- 

 tract for the misconduct of the wife, .she shall not be 

 endowed. 



SEC. 1 9. That hereafter the iudge of probate in each 

 county within the Territory of Utah provided for by 

 the existing laws thereof shall be appointed by the 

 President of the United States, by and with the ad- 

 vice and consent of the Senate ; and so much of the 

 laws of said Territory as provide for the election of 

 such judge by the Legislative Assembly are hereby 

 disapproved and annulled. 



SEO. 20. That it shall not be lawful for any female 

 to vote at any election hereafter held in the Territory 

 of Utah for any public purpose whatever, and no such 

 vote shall be received or counted or given effect in 

 any manner whatever; and any and every act of the 

 Legislative Assembly of the Territory of Utah provid- 

 ing for or allowing the registration or voting by fe- 

 males is hereby annulled. 



SEC. 21. That all laws of the Legislative Assembly 

 of the Territory of Utah which provide for numbering 

 or identifying the votes of the electors at any election in 

 said Territory are hereby disapproved and annulled ; 

 but the foregoing provision shall not preclude the law- 

 ful registration of _ voters, or any other provisions for 

 securing fair elections which do not involve the dis- 

 closure of the candidates for whom any particular 

 elector shall have voted. 



SEC. 22. That the existing election districts and ap- 

 portionments of representation concerning the mem- 

 bers of the Legislative Assembly of the Territory of 

 Utah are hereby abolished ; and it shall be the duty 

 of the Governor, Territorial Secretary, and the Board 

 of Commissioners mentioned in section 9 of the act 

 of Congress approved March 22, 1882 ; entitled "An 

 act to amend section 5352 of the Kevised Statutes of 

 the United States, in reference to bigamy ; and for oth- 

 er purposes," in said Territory, forthwith to rcdis- 

 trict said Territory, and apportion representation in 

 the same in such manner as to provide, as nearly as 

 may be, for an equal representation of the people (ex- 

 cepting Indians not taxed), being citizens of the Unit- 

 ed States, according to numbers, in said Legislative 

 Assembly, and to the number of members of the Coun- 

 cil and House of Kepresentativcs, respectively : as no\v 

 estalilished by law ; and a record of the establishment 

 of such new districts and the apportionment of repre- 

 sentation thereto shall be made in the office of the Sec- 

 retary of said Territory, and such establishment and 

 representation shall continue until Congress shall oth- 

 erwise provide ; and no persons other than citizens of 

 the United States otherwise qualified shall be entitled 

 to vote at any election in said Territory. 



SEC. 23. That the provisions of section 9 of said 

 act approved, March 22, 1882, in regard to registration 

 and election of officers, and the registration of voters, 

 and the conduct of elections, and the powers and du- 

 ties of the board therein mentionedj shall continue 

 and remain operative until the provisions and laws 

 therein referred to, to be made and enacted by the 

 Legislative Assembly of said Territory of Utah, shall 

 have been made and enacted by said Assembly and 

 shall have been approved by Congress. 



