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 compensation, cannot be agreed upon, the Mayor shall cause the same to be ascertained by a jury of six disinterested men, whỏ shall be inhabitants of the city.

SEC. 43. All jurors empannelled to enquire into the amount 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 effect, and shall return to the Mayor their inquest in writing, signed by each juror.

SEC. 44. In case the Mayor shall, at any time, beMayor, how guilty of any palpable omission of duty, or shall wilfully tried. or corruptly be guilty of oppression, malconduct, or partiality, in the discharge of the duties of his office, he shall be liable to indictment in the Probate Court of Millard county; 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 the judgment of the court, that he be removed from office.

Punishment of

SEC. 45. The City Council shall have power to provide for the punishment of offenders and vagrants, by im-vagrants.. prisonment in the county or city jail, or by compelling them to labor on the streets, or other public works, until the same shall be fully paid; in all cases where such offenders or vagrants shall fail or refuse to pay the fines and forfeitures which may be recovered against them.

Inhabitants of city exempt

on roads out of

SEC. 46. The inhabitants of Fillmore city shall, from and after the next ensuing two years, from the first Monday in March next be exempt from working on any road orfrom working roads, beyond the limits of said city. But all taxes de-the city. voted to road 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 the city.

SEC. 47. This act is hereby declared to be a public act, and shall be in force from and after its passage. Approved Feb. 13, 1852,

108.

AN ACT INCORPORATING NEPHI CITY.

SEC. 1. Be it enacted by the Governor and Legislative City boundar. Assembly of the Territory of Utah, That all that portion of country situate within the following boundaries, to wit: commencing at the south east corner of the plot of Nephi city in the county of Juab, in said Territory, and running thence west two miles; thence north four miles; thence east to the base of the mountain; thence southerly along the mouth of the kanyon, and base of the mountain to a point opposite to the place of beginning; thence west to the place of beginning, shall be known and designated as Nephi city; and is hereby incorporated under the name and style aforesaid; and the inhabitants thereof are hereby constituted a body corporate and politic, by the name aforesaid, and shall have perpetual succession, and may have and common seal, which they may change and alter at

Name & style.

ers.

use a

pleasure,

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 be yond the city, for burying grounds, or other public purpos es, for the use of the inhabitants of said city; to sell, lease, convey or dispose of property, real and personal, for the benefit of said city; to improve, and protect such property, and do all other things in relation thereto, as natural per

City council.

sons.

SEC. 3. There shall be a City Council, to consist of a Mayor, four Aldermen, and nine Councilors, who shall Term of office have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their offices for two years, and until their successors shall Majority formbe elected and qualified. The City Council shall judge

a quorum.

of the qualifications, elections, and returns of their own members, and a majority of them shall form a quorum to do business; but a smaller number may adjourn from day t● day, and compel the attendance of absent members, under such penalties as shall be prescribed by ordinance.

SEC. 4. The Mayor, Aldermen, and Councilors be

fore entering on the duties of their offices, shall take and Give bonds. 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 their offices, to the best of their skill and abilities.

Times of else

tions appointed

SEC. 5. On the first Monday of May next, and, every two years thereafter, on said day, an election shalltions. be held for the election of one Mayor, four Aldermen, and nine Councilors; and at the first election under this act, three Judges shall be chosen, viva voce, by the First election 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 necessary number of Judges and clerks shall be appointed Judges and by the City Council. At the first election so held, the lerks of elec polls shall be opened at nine o'clock, A. M., and closed atay city counci 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 be held; and the clerks shall leave with each person elected, 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.

A

Duty of clerks

of voters.

SEC. 6. All free white male inhabitants who are of the age of twenty-one years, who are entitled to vote for Ter-Qualification ritorial 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 city

SEC. 7. The City Council shall have authority to levy, and collect taxes for city purposes, upon all taxable pro-council. perty, real and personal, within the limits of the city, not exceeding the half of one per cent, per annum, upon the as

City council

appoint officers

sessed 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 or the laws of this Territory.

SEC. 8. The City Council shall have power to appoint have power to all such officers as may be necessary to carry into effect their legal enactments, define their duties, and remove them at pleasure.

Shall require

SEC. 9. The City Council shall have power to require officers to give bonds as they shall deem necessary, of all officers appointed by them, and require an oath or affirmation for the faithful discharge of the duties assigned them.

bonds.

power to pass ordinances.

SEC. 10. The City Council shall have power and auCouncil have thority to make, ordain, establish, and execute all such ordinances, and grant such licenses not repugnant to the Constitution of the United States, or the laws of this Territory, as they may deem necessary for the welfare of the inhabitants of said city, and for the protection of their Power to fill property. They shall have power to fill all vacancies all vacancies. that may occur by death, or otherwise; to fix and establish all the fees of the officers of said corporation, not herein established; regulate the fees of witnesses and jurors, and all other services; to divide the city into wards, and city into ward specify the boundaries thereof, and create additional wards; to add to the number of Aldermen and Councilors, and apportion them among the several wards.

To divide the

Publishing city ordinances.

Powers of May.

men.

SEC. 11. All ordinances passed by the City Council, shall, within one month after they shall have been passed, be published in some newspaper, printed in said city, or certified copies thereof, be posted up in eight of the most public places in the city.

SEC. 12. The Mayor and Aldermen shall be conservaor and alder- tors of the peace within the limits of the city, and shall have all the powers of Justices of the Peace, perform the same duties, be governed by the same laws, and be commissioned in the same manner as other Justices of the Peace, within this Territory.

SEC. 13. The Mayor and Aldermen shall have exclu

the mayor.

Appeals, how

sive jurisdiction in all cases, arising under the ordinances Jurisdiction of of this corporation, and shall issue such process as may be necessary to carry said ordinances in.o effect. Appeals may be had from any decision or judgment of said Mayor or Aldermen, arising under the ordinances of said city, to the Municipal Court under such regulations aken. as may be prescribed by ordinance, which court shall be composed by the Mayor, as Chief Justice, and the Aldermen, as associa e Justices; and from the final judgment of the Municipal Court, to the Probate Court in the county of Juab,in the same manner as appeals are taken from Justices of the Peace, provided the parties litigant shall have the right to a trial by a jury of twelve 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.

meeting of.

SEC. 14. The Municipal Court shall sit at such times and City council & places as shall be prescribed by the City Council, who municipal court shall sit when they think proper, and make their own adjournments. Special meetings of which may at any time be called by the Mayor, or any two Aldermen.

Duty of record

SEC. 15. It shall be the duty of the recorder to make, and keep accurate records of all ordinances made by theor. City Council, and of all their proceedings in their corporate capacity; which record, shall at all times be open to the inspection of the electors of said city, and shall perform all other duties as may be required of him by the ordinances of the City Council, and shall serve as clerk of the Municipal Court.

Approved March 6, 1852.