er officers shall the courts of Law and Chancery, and the Probate Courts, and Justices of the Peace; to arrange, adjust, and form a criminal code: a law regulating dower, descent, and distri bution: a law regulating the sale, or incumbrance of real estate; and a law for the settlement of estates of deceased persons; and such other laws of a general nature as from time to time may be necessary or proper. SEC. 6. It shall be the duty of the Governor, the SecreGov. and oth- tary of the Territory, the Judges of the courts, the general give informa- officers of the Militia, and all salaried or Territorial officers, to give said Commissioners information, in writing, on any subject pertaining to their respective offices, whenever required in relation to their duties. tion. necessaries and, clorka. SEC. 7. Said Code Commissioners shall have power to May provide provide all necessary stationery, fuel and rooms, for their use, and such clerks as may be necessary; not exceeding two, and shall be allowed for their services, the same Compensation.compensation and mileage as are allowed to members of the Legislative Assembly. Shall keep a journal. SEC. 8. Said Code Commissioners shall keep a Journal of their proceedings, and cause to be made, two copies of the laws by them proposed; one for the use of the house, and one for the use of the council, and as many of the proposed laws as can be prepared, shall be reported to the Governor, during the present session; and thereafter, they shall report on or before the first days of April and November respectively in each year, or at the call of the Shall report to Governor, who shall report the same to the Legislative islative asser-Assembly for their enactment or disapproval, with such recommendations as he may think best. Approved Jan. 16, 1852. Gov. and Leg · bly. AN ACT FOR THE ELECTION OF PROBATE SEC. 1. Be it enacted by the Governor and Legislative As sembly of the Territory of Utah, in joint session assembled, That we do hereby elect the following persons for Judges Names of Pro-n bate Judges. of Probate in the several counties for the Territory of Utah, viz: for Weber county, Isaac Clark; for Davis county, Joseph Holbrook; for Great Salt Lake county, Elias Smith; for Utah county, Preston Thomas; for Tooele county, Alfred Lee; for Juab county, George Bradley; for San Pete county, George Peacock; for Millard county, Anson Call; and for Iron county, Chapman Duncan-Term of office. The same are hereby elected for the term of four years, unless sooner removed by legislative enactment, or by removal from the county, or by death. "Case of vacan SEC. 2. In case of any vacancy occurring by removal, death or otherwise, of one or more of the above mention-cy. ed Judges, the Governor is hereby empowered to fill such vacancy, until the next sitting of the Legislature. Approved Feb. 7, 1852. AN ACT TO REPEAL THE ELEVENTH SECTION SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That, the 11th section of "An Ordinance incorporating the University of the State of Deseret," appropriating five thousand dollars annually for the use of said University, shall be, and is hereby repealed. Approved March 6, 1852. AN ACT TO AMEND CERTAIN SECTIONS IN SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the word "April," in the 5th section of the above named charters be stricken out, and the word March be inserted in its stead. SEC. 2. That the word "eight," in the 35th section be erased and the word three be inserted in its stead. SEC. 3. That the word "shall" in the 39th section of the above named charters be stricken out, and the word may be inserted in its stead. Approved March 6, 1852. City boundaries. AN ACT TO INCORPORATE CEDAR CITY, IN SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That all that district of Iron county, embraced in the following boundaries, to wit: beginning at the mouth of Coal creek kanyon, thence north three miles, thence west six miles, thence south six miles, thence cast six miles, thence north three miles to place of beginning; shall be known and designated under Name & style. the name and style of Cedar City; and the inhabitants thereof, are hereby constituted a body corporate and politic, by the name aforesaid; and shall have pepetual suePerpetual succession, and may have and use a common seal, which they may change and alter at pleasure. cession. ers. SEC. 2. The inhabitants of said city, by the name and Corporate pow-style aforesaid, shall have power to sue and be sued; to plead and be impleaded; defend and be defended, in all courts of law and equity and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city; to purchase, receive, and hold real property beyond the city; for burying grounds, or other public purposes, for the inhabitants of said city; to sell, lease, or dispose of property, real and personal, for the benefit of said city; to improve, protect such property, and to do all other things in relation thereto, as natural persons. City council. SEC. 3. There shall be a City Council, to consist of a Mayor, four Aldermen, and nine Councilors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold Term of office: their offices for two years, and until their successors shall be elected and qualified. The City Council shall judge of the qualifications, elections, and returns of their own Majority form. members, and a majority of them shall form a quorum to doa quorum. business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance. SEC. 4. The Mayor, Alderman, and Councillors before entering on the duties of their offices, shall take and subscribe an oath or affirmation, that they will support the Constitution of the United States, and the laws of this Territory, and that they will well and truly perform all the duties of their offices, to the best of their skill and abilities. Give bonds. Times of elec SEC. 5. On the second Monday of March next, andtions. every two years thereafter, on said day, an election shall be held for the electing of one Mayor, four Aldermen, and nine Councillors; and at the first election under this ordi-First election. nance, three Judges shall be chosen, viva voce, by the electors present. The said Judges shall choose two clerks; and the Judges and clerks, before entering upon their duties, shall take and subscribe an oath or affirmation, such as is now required by law to be taken by Judges and clerks of other elections; and at all subsequent elections, the Judges and necessary number of Judges and clerks shall be appointed clerks of elections appointed by the City Council. At the first election so held, theby city council. polls shall be opened at nine o'clock, A. M., and closed at six o'clock, P. M. At the close of the polls the votes shall be counted, and a statement thereof proclaimed at the front door of the house, at which said election shall A be held; and the clerks shall leave with each person elec-Duty of clerks ted, or at his usual place of residence, within five days after the election, a written notice of his election, and each person so notified, shall within ten days after the election, take the oath or affirmation hereinbefore mentioned. certificate of which oath shall be deposited with the recorder, whose appointment is hereinafter provided for, and be by him preserved; and all subsequent elections shall be held, conducted, and returns thereof made, as may be provided for by ordinance of the City Council. Qualification of voters. SEC. 6. All free white malé inhabitants who are the age of twenty-one years, who are entitled to vote for Territorial officers, and who shall have been actual residents of said city, sixty days next preceding said election, shall be entitled to vote for city officers. SEC. 7. The City Council shall have authority to levy Power of city and collect taxes for city purposes, upon all taxable Council. City council have power to pro perty, real and personal, within the limits of the city, not exceeding one half per cent, per annum, upon the assessed value thereof; and may enforce the payment of the same, in any manner to be provided by ordinance, not repugnant to the Constitution of the United States and the laws of this Territory. SEC. 8. The City Council shall have power to appoint appoint officersa Recorder, Treasurer, Assessor and Collector, Marshal and Supervisors of streets. They shall also have the power to appoint all such other officers by ordinance, as may be necessary; define the duties of all city officers, and remove them from office at pleasure. Shall require bonds. SEC. 9. The City Council shall have power to require officers to giveof all officers, appointed in pursuance of this act bonds with penalty and security, for the faithful performance of their respective duties, such as may be deemed expedient, and also to require of all officers appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices. Council have ordinances power to pass SEC. 10. The City Council shall have power and authority to make, ordain, establish, and execute all such ordinances, not repugnant to the Constitution of the United States, or the laws of this Territory, as they may deem necessary for the peace, benefit, good order, regulation, convenience, and cleanliness of said city, for the protection of property therein, from destruction by fire or otherwise, and for the health and happiness thereof. They shall have power to fill all vacancies that may happen by vecancies death, resignation, or removal, in any of the offices herein made elective; to fix and establish all the fees of the officers of said corporation, not herein established; to impose such fines not exceeding one hundred dollars for each offence, as they may deem just, for refusing to accept of any office, in, or under the corporation, or for misconduct Towor to 411 |