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SEC. 32. To fix the compensation of all city officers, Regulate fees, and regulate the fees of jurors, witnesses, and others, for services rendered, under this or any city ordinance.

SEC. 33. The City Council shall have exclusive power Gaming. within the city by ordinance, to license, regulate, suppress, or restrain billiard tables, and from one to twenty pin-alleys, and every other description of gaming or gambling.

SEC. 34. The City Council shall have exclusive powerFerries and within the city by ordinance, to license, regulate, or res-bridges. train the keeping of ferries, and toll bridges; to regulate the police of the city; to impose fines, forfeitures, and penalties, for the breach of any ordinance; and provide for the recovery of such fines and forfeitures, and the en-forcement of such penalties, and to pass such ordinances Enforce penal as may be necessary and proper for carrying into effect and execution, the powers specified in this act: Provided, such ordinances are not repugnant to the Constitution of the United States, or of the laws of this Territory.

ties.

SEC. 35. All ordinances passed by the City Council, Ordinances to

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 three of the most public places in the city.

be published.

SEC. 36. All ordinances of the city may be proven byOrdinances, the seal of the corporation; and when prin ed or publish. now proven. ed in book or pamphlet form, purporting to be printed or published by the authority of the corporation. the same shalt be received in evidence in all courts or places, without further proof.

SEC. 37. The Mayor and Aldermen shall be conser-Mayor and Alvators of the peace within the limits of the city, and challdermen, pow

have all the powers of Justices of the Peace therein, bo h in civil and criminal cases arising under the laws of the Territory. They shall, as Justices of the Peace, wi hin the limits of said city. perform the same duties; be governed by the same laws; give the same bonds and securities as other Justices of the Peace, and be commissioned by the Gov as other Justices of the Peace, in and for said city, by

Commissioned

the Governor.

Mayor and aldermen, jurisdiction of.

taken

SEC. 38. The Mayor and Aldermen shall have_exclusive 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 judgAppeals, how ment of said Mayor or Aldermen, arising under the crdinances of said city, to the Municipal Court, under such regulations 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 judgment of the Municipal Court, to the Frobate Cours of Utah county, in the same manner as appeals are taken from Justices of the Peace: Provided, The parties litigant shall have a right to a trial by 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.

SEC. 39. The Municipal Court may sit on the first Municipal court Monday of every month, and the City Council, at such mard council, times and places as may be prescribed by city ordinance; special meetings of which may at any time be called by the Mayor or any two Aldermen.

meeting of

Process direc

SEC. 40. 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 the same laws as are, or may be prescribed for the direction and compensation of Constables in similar cases. The Marshal shall also perform such other duties as may be required of him under the ordinances of said city, and shall be the principal ministerial officer,

Duty of record

er.

When private property is taken.

SEC. 41. It shall be the duty of the recorder, to make and keep accurate records of all ordinances made by the 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.

SEC. 42. When it shall be necessary to take private 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 compensation cannot be agreed upon, the Mayor shall cause the same to be ascertained by a jury of six disinterested men, who 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 to a palpable omission of duty, or shall wilfullytried. and 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 Utah coun ty; and on conviction, he shall be liable to fine and im prisonment; 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.

SEC. 45. The City Council shall have power to pro-Punishment of vide for the punishment of offenders and vagrants, by im-vagrahmen prisonment in the county or city jail, or by compelling them to labor upon the streets, or other 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 forfeitures which may be recovered against them.

Inhabitants of

on roads out of

SEC. 46. The inhabitants of Lehi city shall, from and after the next ensuing two years, from the first Mondaycity exempt of April 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 said city.

SEC. 47. The Mayor, Aldermen, and Councilors of said city shall, in the first instance, be appointed by the dermen be ap Governor and Legislature of said Territory of Utah, andmeinted by the shall hold their office until superseded by the first elec

Mayor and al

tion.

Gov.

SEC. 48. 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
MILLARD COUNTY.

SEC. 1. Be it enacted by the Governor and Legislative AsBoundaries of sembly of the Territory of Utah, That all that district of corporation. Millard county embraced in the following boundaries, to

wit: beginning at a point due east 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 designated under the name and style of Fillmore City, and the inhabitants thereof are hereby constituted a body Body corporate Corporate and politic, by the name aforesaid, and shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure.

Seal.

SEC 2. The inhabitants of said city by the name and City 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 equity, and in all actions whatsoever; to purchase, receive, and hold property, real and personal, in sail ciry; 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, convey, or dispose of property real and personal, for the benefit of sai I city; to improve and protect such property, and to do all other things in relation thereto as natural persons.

City counell.

SEC. 3. There shall be a City Council to consist of a Mayor, four Allermen, and nine Councilors, who shall have the qualitica ions of electors of said city, and shall be chosen by the qualified voters 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

a quorum

the qualifications, elections and returns of their own mem-Majority forto 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 office 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 their offices to the best of their skill and abilities.

Elections, how

SEC. 5. On the second Monday of March next, and every two years thereafter, on said day, an election shallheid. 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 electors present. The said Judges shall choose two clerks, and the Judges and clerks before entering upon their du-judges and ties, shall take and subscribe an oath or affirmation such clerks of elec as is now required by law to be taken by Judges and clerkstions, how cho of other clections; and at all subsequent elections, the necessary number of Judges and clerks shall be appointed by the City Council. At the first election so Leld, 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 thereot 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 Duty of_clsrks 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 herein before mentioned. A 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.

SEC. 6. All free white male inhabitants who are of the Who shalt vote 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.

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