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Mayor and al.
Sec. 38. The Mayor and Aldermen shall have excludermen, jurisdiction uf. sive jurisdiction in all cases arising under the ordinances
of the corporation, and shall issue such process as may be necessary to carry said ordinances into execution and
effect. Appeals may be had from any decision or judg. Appeals, how ment of said Mayor or Aldermen, arising under the crai
nances of said city, to the Municipal Court, under such regulacions as may be prescribed by ordinance, which court shall be composed of the Mayor as Chief Justice, and the Allermen as Associate Justices; and from the final julgment of the Municipal Court, to the Frobate Cour, oi Utah county, in the same manner as appeals are taken from Justices of the Peace: Providei, The parties litiga!t shall have a right to a trial by jury o'twele men, in all cases before the Municipal Court. The Municipal Court shall have power to grant writs of Habeas Corpus, and try the same in all cases arising under the ordinances of the City Council.
Sec. 39 The Municipal Court may sit on the first Brunicipal court Monday of every month, and the Cižy Council, at such une ceinture times and places as may be prescribed by cis ordinance; meeting of
special meetings of which may at any iime be called by the Mayor or any two Aldermen.
Sec. 49. All process issued by the Mayor, Aldermen, ted to marshal.or Municipal Court, shall be directed to the Marshal, and
in the execution thereof, he shall be governed by ihe same laws as are, or my be prescribed for the direc ion and compensation of Constables in similar cares. The Marshal shall also perform such oher duiies as may be required of him under the ordinances of said city, and shall be the principal ministerial officer,
SEC. 41. Duty of record
It shall be the duty of the recorder, to make and keep accurate records of all ordinances made by the Ci y Council, and of all their proceedings in their corporate capacity, which record, shall at all times be open to the inspec ion of the electors of said city, and shali perform all other duties as my be required of him by the ordinances of the City Council, and shall serve as clerk of
the Municipal Court. When private Sec. 42. When it shall be necessary to take private property is ta
property for opening, widening, or altering any public
street, lane, avenue, or alley, the corporation shall make a just compensation therefor, to the person whose property is so taken; and if the amount of such compensa ion cannot be agreed upon, the Mayor shall cause the same to be ascertained by a jury of six disinterested men, who shall be inhabit:nts of the ci y.
Sec. 43. All jurors empannelled to enquire into the ainount of benefits or damages, that shall happen to the Duty of Jurors. owners of property so proposed to be taken, shall first be sworn to that ellect, and shall return to the Mayor their inquest in writing, signed by each juror.
SEC. 44. In case the Mayor shall, at any time, be Mayor, how guilty to a palpable omission of duty, or shall wilfullytried. and corruptly be guilty of oppression, malconduct, or partiality, in ihe di-charge of the duties of his office, he shall be liable to indictment in the Probate Court of Utah coun: ty; and on conviction, he shall be liable to fine and imprisonment; and the court shall have power on the recommend of the jury to add to tire judgment of the court, that he be removed from office.
SEC. 45. The City Council shall have power to pro Punishment of vide for the punishment of offenders and vayrants, by im-vagruuts. prisonment in the county or ciiy jail, or by compelling them to labor upon the streets, or o her public works, until the same shall be fully paid; in all cases where such offenders or vagrants shall tail or refuse to pay the fines and for futures which may be recovered against them.
SEC. 46. The inhabi'ants of Lehi city shall, from and after the next ensuing two years, from the first Mondayrity exempt of April next be exempt from working on any road orfrom working roads, berond the limiis of said ci'y. But all taxes de-thic city. voted to load purposes, shall, from and after said term of two years, be collected and expended by, and under the direction of the supervisor of streets, within the limits of
Sec. 47. The Mayor, Aldermen, and Councilors of said city shall, in the first instance, be appointed by the termen be ap
Mayos anii Governor and Legislature of said Territory of Utah, and winted by his shall hold their office until superseded by the first election.
Sec. 43. This act is hereby declared to be a public act, and shall be in force from and after its passage.
Approved Feb. 5, 1852.
AN ACT TO INCORPORATE FILLMORE CITY IN
Sec. 1. Be it enacted by the Governor and Legislative AsBoundaries of semily of the Territory of Utuh, That all that district of corporatiun. Millard couny embraced in the following boundaries, to
wit: beginning at a point due easi of the south east corner of the public square now surveyed, three miles; thence south three miles; thence west six miles; thence north six miles; thence east six miles; and thence south three miles to the place of beginning, shall be known and designa ed under the name and style of Fillmore uity,
and the inhabitants thereof are hereby consticuted a body Body corporate Corporate ani politic, by the name åforesaid, and shall
have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure.
Sec 2. The inhabitants of said city by the name and Olly powers. 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 equiiy, and in all actions whatsoever; to purchase, receive, an l hold prorerty, real and personal, in sail ciry; io 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, convey, or dispose of property real and personal, for the benefit of sail city; to improve and protect such property, and to do all other things in relation thereto as natural persons.
Sec. 3. There shall be a City Council to consist of a
Mayor, four Allermen, and nine Councilors, who shall City counell.
have the qu'uliticu.ions of electors of said city, and shall be
chosen by the qualified vo'ers thereof, and shall hold their Term of office.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 mem-Majority Sort bers, and a majority of them shall fo m a quorum to do 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, Aldermen, and Councilors, be-Oath of offic. fore entering upon 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 the duties of cheir offices to the best of their skill and abilities.
Sec. 5. On the second Mondav of March next, and
Elertions, how every two years thereafter, on said day, an election shalllieid. be held for the election of one Mayor, four Aldernen, and nine Councilors, and at the first election under this &ct, three Judges shall be chosen viva voce, by the electors present. The said Judges shall choose two cierks, and the Judges and clerks before entering upon their du-judges and ties, shall take and subscribe an oath or afirmation such clerks of elecas is now required by law to be taken by Judges and clerkssens, how eko of other elections; and at all subsequent clecions, the necessary number of Judges and clerks shall be appointed by the City Council. At the first election so lield, the 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 thercoi proclaimed at the front door of the house, at which said eleccion shall be held, and the clerks shall leare wiih each person elected, or at his usual place of residence, within tive days afier Duty of_clsiks. the election, a written notice of his election; and each person so notified, shall, within ten days after i he election, take the oath or affirmation herein before mentioned. A certificate of which oath shall be deposited with the recorder, wiose 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.
Sec. 6. All free white male inhabitants who are of the Who shall voto age of twenty-one years, who are entitled to voie 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.
Power of council as to taxes
Sec. 7. The City Council shall have authority to levy and collect taxes for city purposes, upon all taxable property, real and personal, within the limits of the city, not exceeding one bali per cent, per annum, upon the assessed value thercof; 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, or the laws of this Territory.
Sec. 8. The City Council shall have power to appoint Recorder, treaeurer, assessora recorder, treasurer; assessor and collector, marshal, and
supervisors of streets. They shall also have the power to appointed.
appoint all such oiher officers by ordinance as may be necessary; define the duties of all city oslicers, and remove them from ofiice at pleasure.
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 respec ive duties, such as may be deemed expedient; and also to require or all officers appointed as aforesaid, to take an oath for the faithiul performance of the duties of their respective oflices.
Power of coun
SEC. 10. The City Council shall have power and aucil asto makinythority to male, ordain, establish, and execute all such ordinances. ordinances, no repugnant to the Constitution of the Uni
ted States, or the laws of this Territory, as they may deem necessary for the peace, benefit, good order, regulation, convenience, and cleanliness of said ci y;—for the pro-ection of properiy therein, from destruction by fire or other
wise; and for he health and happiness thereof. They Fill vacancies shall have power to till all vacancies that may happen by
de:th, resignation, or removal, in any of the offices herein made elective; to fix and establish all the fees of the officers of said corporation, noj herein establishel; 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 thereDivide city in in; to divide the ciły into wards, and specify the bounda
ries thereof, and create ailditional wards; to add to the number of Allermen and Councilors, and apportion them among the several wards, as may be just, and most conducive to the interests of the city.
A * to schools
Sec. 11. To establish, support, and regulate common