UNIVERSITY or ILLINOIS 35e-.079Z V » 8)99 Digitized by the Internet Archive in 2016 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/revisedordinanceOOephr -THE- REVISED ORDINANCES -OF- EPHRAIM CITY. INCORPORATED FEB. 14, 1868. REVISED, CODIFIED AND PUBLISHED BY AUTHORITY OF THE MAYOR AND COUNCIL OF SAID CITY BY F. K- NEBEKER, I. C. TMORESEN. OFFICIAL REVISOR9. 1899. TOGETHER WITH EXTRACTS FROM THE CONSTITUTION AND LAWS OF THE STATE OF UTAH RELATIVE TO CITIES AND TOWNS. ALSO THE NAMES OF CITY OFFICERS AND STANDING COMMITTEES, AND RULES FOR THE GOVERN- MENT OF THE CITY COUNCIL. CERTIFICATE. State of Utah, County of Sanpete, City of Ephraim. I, Adolph Hansen, City Recorder of Ephraim City, do hereby certify that F. K. Nebeker and I. C. Thoresen, were duly appointed the official Revisors of the City Ordi- nances of Ephraim City by the Mayor and confirmed by the City Council of said City, on the 20th day of June A. D. 1898. Witness my hand and the Corporate Seal of said City, this 25th day of June A. D. 1898. Adoeph Hansen, City Recorder. 1 3 5 7 ‘7 I 1 "j " NAMES OF ELECTED OFFICERS. K.\ For Ephraim City, 1898-9. ^ ? ' Mayor. — J. P. Hansen, Jr. Councilmen. — Peter Schwalbe, Christian Frandsen, W. X. J. Armstrong-, C. R. Dorius, A. W. Jensen. ^ • Recorder. — Adolph Hansen. Treasurer. — Laura Hansen. Justice. — J. P. Anderson. Marshal.— David N. Beal. APPOINTED OFFICERS. Attorney. — W. K. Reid. Supervisor of Streets.- — Thos. P. Peterson. Poundkeeper. — Ras. Hansen. Sexton. — John C. Johnson. Watermaster. — R. Rasmussen. STANDING COMMITTEES. vn On Ways and Means: Wm. J. Armstrong, A. W. Jensen. On Judiciary : A. W. Jensen, Peter Schwalbe. On Irrigation : C. R. Dorius, Wm. J. Armstrong. ^ On Public Proferty and Grounds: Peter Schwalbe, Chris- ^ tian Frandsen. ^^On Streets: Christian Frandsen, C. R. Dorius. On Cemetery: Peter Schwalbe, Christian Frandsen. Boa^d of Health: Wm. J. Armstrong, A. W. Jensen. I 1 7930 1 BOUNDARIES OF EPHRAIM CITY. As Amended Mar. 1, 1884. « Commencing* at the center of section ten in township seventeen south, rang^e three east, Salt Lake meridian, thence one and a half miles west, thence one and a half miles north, thence one and a half miles east, thence one and a half miles south to the place of beg*inning*. Constitutional Provisions. RELATIVE TO CITIES AND TOWNS. ARTICLE IV. Sec. 10. Oath of oIRce. All officers made elective or appointive by this Constitution or by the laws made in pur- suance thereof, before entering- upon the duties of their re- spective offices, shall take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity.” ARTICLE VI. Sec. 29. Municipal powers not to be delegated. The Legislature shall not delegate to any special commis- sion, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or other- wise, to levy taxes, to select a capitol site, or to perform any municipal functions. Sec. 30. Extra compensation to officers and contractors forbidden. The Legislature shall have no power to grant, or authorize any county or municipal au- thorit}' to grant, any extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract has been entered Constitutional Provisions. 2 into and performed in whole or in part, nor pay or author- ize the payment of any claim hereafter created ag-ainst the State, or any county or municipality of the State, under any ag-reement or contract made without authority of law: Provided, That this section shall not apply to claims in- curred by public officers in the execution of the laws of the State. Sec. 31. Lending public credit forbidden. The Leg*islature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking. ARTICLE X. Sec. 13. Public aid to church schools forbid- den. Neither the Legislature nor any county, city, town, school district or other public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, college, university or other institution, controlled in whole, or in part, by any church, sect or denomination whatever. ARTICLE XI. Sec. 6 . Municipalities forbidden to sell water works or rights. No municipal corporation shall di- rectly or indirectly, lease, ’sell, alien or dispose of any water works, water-rights or sources of water supply now, or hereafter owned or controlled by it; but all such water- works, water-rights and sources of water supply now owned or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and operated by it for supply- ing its inhabitants with water at reasonable charges: Pro- vided, Va-dX nothing herein contained shall be construed to pre- vent any such municipal corporation from exchanging water- rights, or sources of water supply, for other water-rights or sources of water supply of equal value, and to be devoted in like manner to the public supply of its inhabitants. Relative to Cities and Towns. 3 ARTICLE XII. Sec. 17. Employee of corporation ineligible to municipal office, when. No officer, employee, attor- ney or ag’ent of any corporation, company or association doing- business under, or by virtue of any municipal char- ter or franchise, shall be elig-ible to or permitted to hold any municipal office, in the municipality g-ranting- such charter or franchise. ARTICLE XIV. Sec. 3. Debts of comities, cities, etc., not to ex- ceed revenue. Exception. No debt in excess of the taxes for the current year shall be created by any county or sub-division thereof, or by any school district therein, or by any city, town or villag-e, or any sub-division thereof in this State; unless the proposition to create such debt, shall have been submitted to a vote of such qualified elec- tors as shall have paid a property tax therein, in the year preceding- such election, and a majority of those voting- thereon shall have voted in favor of incurring- such debt. t Sec. 4. Limit of indebtedness, counties, cities, etc. When authorized to create indebtedness as provided in Section three of this article, no county shall become in- debted to an amount, including- existing- indebtedness, ex- ceeding- two per centum. No city, town, school district or other municipal corporation, shall become indebted to an amount, including- existing- indebtedness, exceeding- four per centum of the value of the taxable property therein, the value to be ascertained by the last assessment for State and county purposes, previous to the incurring- of such indebt- edness; except that in incorporated cities the assessment shall be taken from the last assessment for city purposes; Provided^ that no part of the indebtedness allowed in this section, shall be incurred for other than strictly county, city, town or school district purposes; Provided^ further, That any city or town, when authorized as provided in sec- tion three of this article, may be allowed to become in- 4 Constitutional Provisions. debted to a larg-er indebtedness, not exceeding four per- centum additional, for supplying- such city or town with water, artificial lights or sewers, when the works for sup- plying such water, light and sewers, shall be owned and controlled by the municipality. Sec. 5. Borrowed money to be applied to au- thorized use. All moneys borrowed by, or on behalf of the State, or any legal sub-division thereof, shall be used solely for the purpose specified in the law authorizing the loan. Sec. 7. Existing indebtedness not impaired. Nothing in this article shall be so construed as to impair or add to the obligation of any debt heretofore contracted in accordance with the laws of Utah Territory, by any county, city, town, or school district, or to prevent the con- tracting of any debt, or the issuing of bonds therefor, in accordance with said laws, upon any proposition for that purpose, which, according to said laws, may have been sub- mitted to a vote of the qualified electors of any county, city, town, or school district before the day on which this Con- stitution takes effect. ARTICLE XVI. Sec. 6. Eight hours a day’s labor on public works. Eight hours shall constitute a day’s work on all works or undertakings carried on by the state, county or municipal governments. * * * * ARTICLE XVII. Sec. 1. Existing rights confirmed. All existing rights to the use of any of the waters in this State for any useful or beneficial purpose, are hereby recognized and confirmed. ARTICLE XXL Sec. 1 . Public officers to be paid salaries. Ex- ception. All State, district, city, county, town and Relative to Cities and Towns. 5 school ofificers, excepting- notaries public, boards of arbi- tration, court commissioners, justices of the peace and con- stables, shall be paid fixed and definite salaries; Pjovided^ That city justices may be paid by salary when so deter- mined by the mayor and council of such cities. Sec. 2. Leg^islature to provide fees. Accouiit- iiig. The Leg-islature shall provide by law, the fees which shall be collected by all officers within the State. Notaries public, boards of arbitration, court commissioners, justices of the peace, and constables paid by fees, shall accept said fees as their full compensation. But all other State, dis- trict, count}s city, town and school officers, shall be required by law to keep a true and correct account of all fees collec- ted by them, and to pay the same into the proper treasury, and the officer whose duty it is to collect such fees shall be held responsible under his bond for the same. Statutory Provisions. RELATIVE TO CITIES AND TOWNS. CERTIFICATION OF BONDS AND WARRANTS. Sec. 146. By whom. The county clerk or the county auditor of each county, the auditor or the recorder of each city, the clerk of each board of education, and the clerk of each school district in this state shall indorse a certificate upon every bond, warrant, or other evidence of debt, issued pursuant to law, by any such officer, that the same is with- in the lawful debt limit of such county, city, board of edu- cation, or school district, respectively, and is issued accord- ing- to law. He shall sign such certificate in his official character. 147. Provisions governing. Warrants for interest on the bonded debt, for salaries, and for the current ex- penses of any county, city, school district, or board of edu- cation in this state may be certified by the county clerk, county auditor, city recorder, city auditor, clerk of the school district, or clerk of the board of education, to be within the lawful debt limit of such county, city, board of education, or school district, whenever the same, together with all other indebtedness of said city, county, board of education, or school district shall not exceed the arflount of the indebtedness of such city, county, boarci of education, or school district at the time of the admission of this state into the Union, in addition to the whole amount of taxes of Relative to Cities and Towns. 7 such county, city, board of education, or school district for the year in and for which such warrant or warrants are issued. 148. Protection to officer certifying. Whenever a board of county commissioners, city council, trustees of a school district, or board of education of any such county, city, or school district shall find or declare that any appro- priation or expenditure for which a warrant or warrants are to be issued, was or is for interest upon the bonded debt, for salaries, or for the current expenses of such county, city, board of education, or school district, such finding' or dec- laration shall conclusively protect the county clerk, county auditor, city recorder, city auditor, clerk of the school dis- trict, or clerk of the board of education of any such county, city, school district, or board of education, as to such tacts, in certifying- any warrant or warrants therefor to be within the lawful debt limit of such county, city, board of educa- tion, or school district. 149. Penalty. Any person mentioned in section one hundred and forty-six who shall neg-lect to indorse any cer- tificate required thereby, or who shall make any such cer- tificate falsely and fraudulently, shall be guilty of a misde- meanor, and punishable by a fine, not exceeding one thous- and dollars, or imprisonment in the county jail, not exceed- ing one year, or by both such fine and imprisonment. INCORPORATION AND CLASSIFICATION. 174. Classification of cities. Municipal corpora- tions in this state now existing and those hereafter or- ganized shall be, and the same are hereby divided into three classes. Those cities having twenty thousand or more in- habitants shall be known as cities of the first class; those cities having more than five thousand and less than twenty thousand inhabitants shall be known as cities of the second class; and all other cities shall be known as cities of the third class. 8 Statutory Provisions. 175. Change of class. Whenever any city of the second class shall have attained the population of twenty thousand or more, or any city of the third class, or town, shall have obtained the population of five thousand or more, and such fact shall have been duly ascertained and certified to the governor by the mayor or the president of the board of trustees, he shall declare, by public proclama- tion, such city or town to be of the first or of the second class, as the case may be, and such city or town, thus changed, shall be governed by the provisions of this title applicable to cities of such class. 176. Judicial notice of change. All courts in this state shall take judicial notice of the change of the organization of any city or town. 177. Legal results of change in classiflcatioii. All rights and property of every kind and description which were vested in any municipal corporation under its former organization shall be deemed and held to be vested in the same municipal corporation upon its becom- ing incorporated under the provisions of this title; but no rights or liabilities, either in favor of or against such incorporation existing at the time of becoming so in- corporated under this title, and no action or prosecution of any kind shall be affected by such change; but the same shall stand and progress as if no change had been made; provided, that whenever a different remedy is given by this title, which may properly be made applicable to any right existing at the time of such city or town becoming so in- corporated under this title, the same shall be deemed cu- mulative to the remedy before provided, and used accord- ingly. 178. Id. Ordinances [Coiitiiined in force.] All or- dinances and resolutions in force in any city or town when it shall change its organization under this title, shall con- tinue in full force and effect until repealed or amended, not- withstanding such change of organization; and the making of such change of organization shall not be construed to Relative to Cities and Towns. 9 'affect the chang-e in the legal identity of the corporation of ‘such citv or io^n\ provided^ that such ordinances and reso- lutions do not conflict with the provisions of this title. 179. Id. Officers, When any town or city shall, bv proclamation of the governor, become a city of the sec- ond class, or any city of the second class shall in like man- ner become a city of the first class, the officers then in office shall continue to be the officers of the city until the next municipal election, and until their successors shall be duly elected and qualified. When new territory is organized as a city or town, or a town becomes a city, by petition and vote of the people, the officers first elected shall serve until the next municipal election, and until their successors shall be duly elected and qualified. 180. General powers of corporation. Cities and towns incorporated under this title shall be bodies poli* tic and corporate and shall be known and designated by the name and style adopted, and under such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for corporate purposes, have a common seal, and may change the same at pleasure, have perpetual succession, and exercise all the powers hereinaf- ter conferred. 182. Goveriinieiit, The municipal government of all incorporated cities is hereby vested in a mayor and a city council. In cities of the first class, the city council shall be composed of fifteen councilmen, three from each ward; in cities of the second class, of ten councilmen, two from each ward; and in cities of the third class, of five councilmen, chosen at large by the qualified voters of the city. 183. Mayor and councilmen. Qualifications. Mayors and councilmen shall be qualified voters within their respective cities, and councilmen of cities of the first and of the second class shall be qualified voters of their re^- spective wards. 01 Statutory Provisions. 184. Id. How chosen. Mayors shall be chosen by the qualified voters of their respective cities, and council- men of cities of the first and of the second class, by the qualified voters of their respective wards. MAYOR. 185. Mayor and mayor pro teni. The chief exe- cutive of a city shall be the mayor and during- his tem- porary absence or disability the city council shall elect one of its number to act as mayor pro tern., who, during such ab- sence or disability, shall possess the power of mayor. 186. Vacancy. Whenever a vacancy shall hap- pen in the office of mayor, the city council shall elect a mayor, who shall possess all the rights and powers of may- or until the next municipal election, and until his successor is elected and qualified. 187. Removal. If a mayor, at any time during his term of ofQce, shall remove from the limits of the city, his office shall thereby become vacant. 188. Mayor to preside over council, when. In cities of the third class, the mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when he shall give the casting vote. 189. Powers, generally. He may exercise with- in the city limits the powers conferred upon him to sup- press disorder and keep peace; and he may remit fines and forfeitures and release any person imprisoned for violation of any city ordinance, and shall report such remittance or release, with the cause thereof, to the city council at its next session. 190. Duties. He shall perform all duties which are or may be prescribed by law, or b\ ordinance, and shall see that the laws and ordinances are faithfully executed. 191. May examine books. He shall have power at all times to examine and inspect the books, records, and papers of any officer or agent employed by the city. Relative to Cities and Towns. 11 192. 3Iessa^es. The mayor shall from time to time, g'ive the council information relative to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient. 193. * May call out inhabitants. He shall have power, when necessary, to call upon every male inhabitant of the city over the age of twenty-one years to aid in en- forcing the laws and ordinances, in suppressing riots and other disorderly conduct, or in carrying into effect any law or ordinance of the city. 194. Revision of ordinances. He may ap- point, by and with the advice of the city council, one or more competent persons to prepare and submit to the city council for their adoption or rejection, an ordinance in re- vision of the ordinances of such city, and for the govern- ment of such city, the compensation of such revisors to be determined and fixed by the city council and paid out of the city treasury, 196. Map of city to be recorded. It shall be the duty of the mayor of each city in the state to have recorded in the recorder’s office in the county in which such city is located, a plat or map describing the correct boundaries of such city, if the said records do not contain a record of such boundaries. COUNCILMEN. 197. Vacancies. If any vacancy shall occur in the office of councilman by death, resignation, removal, or otherwise, such vacancy shall be filled for the unexpired term by appointment of the cit}^ council, from the ward in which the vacancy occurs. 198. Rules. Disortlerly conduct. Expulsion. The council shall determine its own rules of proceedings, punish its members for disorderly conduct, and, with the concurrence of two-thirds of the members of the council, may expel a member for cause. 12 Statutory Provisions. 200. Quorum. The majority of the council elected shall constitute a quorum to do business, but a smaller num- ber may adjourn from time to time and may compel the at- tendance of absentees under such penalties as may be pre- scribed by ordinance. 201. Meetings. The city council shall prescribe the time and place of holding- its meetings; provided^ that at least one meeting shall be held each month, and the mayor or any two members of the council may call a special meet- ing by giving a notice of it to each of the members of the council served personally or left at his usual place of abode. 202. Id. V^otiug. Passage of ordinances. It shall sit with open doors and keep a journal of its own pro- ceedings. The yeas and nays shall be taken upon the pas- sage of all ordinances and all propositions to create any li- ability against the city, and in all other cases at the request of any member, which shall be entered upon the journal of its proceedings. The concurrence of a majority of the mem- bers elected to the city council shall be necessary to the passage of any such ordinance or proposition. 203. Reconsideration of vote. No vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of councilmen as were present when such vote was taken. 204. Deferring action on reports. Any report of a committee of the council shall be deferred for final ac- tion thereon to the next regular meeting of the council after the report is made, by request of any two members of the council. 205. When ordinances take effect. Publication- All ordinances, before taking effect, shall be deposited in the office of the city recorder, and published at least once in some newspaper published within the city, or if there is no newspaper published in the city, then by posting Relative to Cities and Towns. 13 in three public places therein, and shall go into effect on the twentieth day after its publication, unless provided in the ordinance that it shall take effect at an earlier or a later provided^ that whenever a revision is made and the revised ordinances are published by authority of the city council, no further publication shall be deemed neces- sary. The city recorder shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, or his agent, or, if posted, with certificates of the due posting thereof; and said book, or a certified copy of the ordinances, under the seal of the city, shall be received as evidence in all courts and places without further proof, or if printed in book or pamphlet form by authority of the city council, they shall be so re- ceived. POWERS OF CITY COUNCIL. 206. Enumeration. The city council shall have the following powers: " 1. Finance and property. To control the finances and property of the corporation. 2. Appropriations. Property. To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation; and to purchase, re- ceive, hold, sell, lease, convey, and dispose of property, real and personal, for the beaefit of the city, both within and without its corporate boundaries; to improve and protect such property, and to do all other things in relation thereto as natural persons. 3. Taxes. To levy and collect taxes for general and special purposes on real and personal property as provided by law. 4. Licenses. To fix the amount, terms, and manner of issuing licenses. 5. Piibiic buirdings. To' erect all needful buildings for the use of the city. 14 Statutory Provisions. 6. Borrow money. To borrow money on the credit of the corporation for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and to issue warrants and bonds therefor, in such amounts and forms and on such conditions as the council shall de- termine. The council shall provide for the payment of the interest on such bonds as the same shall become due, and for a sinking- fund for the payment of the principal thereof within twenty years after issuing- the same. (Limitation on creating- indebtedness, Con., Art. 14, Sec. 3-4. 7. Bouds. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or funding of the same. 8. Streets, etc. To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks, and public grounds; and to va- cate the same. 9. Trees. To plant or direct and regulate the planting of ornamental and shade trees in streets, avenues, side- walks, parks, and public grounds. 10. Use of streets. To regulate the use of streets, alleys, avenues, sidewalks, cross walks, parks, and public grounds. 11. Id. Obstructions. To prevent and remove ob- structions and encroachments upon the same. 12. Id. Lighting, etc. To provide for the lighting, sprinkling, and cleansing of the same. 13. Id. Gas pipes, etc. To regulate the opening and use thereof for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels, and drains. 14. Water, gas, light, etc. To construct and main- tain water works, gas works, electric light works, telephone lines, street railways, or bath houses, or to authorize the construction and maintenance of the same by others, or to Relative to Cities and Towns. 15 purchase or lease any or all of said works from any person or corporation. 15. Protect water supply. To construct or author- ize the construction of water works without their limits; and for the purpose of maintaining- and protecting- the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works; and over all reservoirs, streams, canals, ditches, pipes, and drains used in, and necessary for the construction, mainten- ance, and operation of the same, and over the stream or source from which the water is taken, for ten miles above the point from which it is taken; and to enact all ordinan- ces and reg-ulations necessary to carry the power herein con- ferred into effect. 16. Tax districts. To divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require. 17. Control water. To control the water aud water courses leading- to the city, and to reg-ulate and control the water courses and mill privileg-es within the Q.iiy\ p7'ovided, that the control shall not be exercised to the injury of any rig-hts already acquired by actual owners. 18. Purchase or lease water. To construct, pur- chase or lease, and maintain canals, ditches, and reservoirs, and to purchase or lease spring's, streams, or sources of water supply for the purpose of providing- water for irrig-a- tion, domestic, or other purposes; and if necessary to se- cure said sources of water supply, to purchase or lease the land upon which said water has been appropriated or ap- plied. 19. Lig-litiiig^ works and contracts. To contract with and authorize any person, company, or association to construct g-as works, electric, or other lig-hting- works in said city, and g-ive such persons, company, or association the privileg-e of furnishing- light for the public building's, streets, sidewalks, and alleys of said city, for any length of time not exceeding three years. 16 Statutory Provisions. 20. Street lighting. Regulation of gas compan- ies, etc. Prices. To provide for the lighting of streets, laying down of gas pipes, and erection of lamp posts; to regulate the sale and use of gas, natural gas, and electric or other lights, and electric power, the charge therefor and the rent of meters within the city, and to regulate the in- spection thereof; to prohibit or regulate the erection of telegraph, telephone, or electric wire poles in the public grounds, streets, or alleys, and the placing of wires thereon; and to require the removal from the public grounds, streets, or alleys, of any or all such poles, and the placing under- ground of any or all telegraph, telephone, or electric wires. 21. Water rates. To fix the rate to be paid for the use of water furnished by the city, or by any person or cor- poration. 22. Use of sidewalks. To regulate the use of side- walks and all structures thereunder or thereover, and to re- quire the owner or occupant of any property to keep the sidewalks in front of or along the same free from snow and all other obstructions. 23. Obstructing streets. To regulate and prevent the throwing and depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruc- tion to, any street, avenue, alley, park, or public ground. 24. Curbs and gutters. To provide for and regulate cross walks, curbs and gutters. 25. Awiiiugs, etc. To regulate or prevent the use of streets, sidewalks, public buildings, and grounds, for signs, sign posts, awnings, telegraph or telephone poles, horse troughs, or racks, or for posting hand bills or advertise- ments. 26. Hand bills, etc. To regulate or prohibit the ex- hibition, distribution or carrying of placards or hand bills in the streets, public grounds, or upon^the sidewalks. 27. Banners, etc. To regulate or prevent the flying Relative to Cities and Towns. 17 of flag's, banners, or sig-ns across the streets, or from houses. 28. Street traffic. To reg-ulate or prohibit traffic and sales upon the streets, sidewalks, and .public places. 29. Id. Speed of horses, etc. To reg-ulate the speed of horses and other animals, bicycles, and other vehicles, .and cars and locomotives within the limits of the corpora- tion; and to prevent horse racing-, immoderate driving- or riding- in the streets. 30. Xiimberiiig^ houses. To reg-ulate the numbering- of houses and lots. 31. Xaiuiiig streets. To name streets, avenues, and other public places, and to chang-e the names thereof. 32. Railroad tracks. To permit, reg-ulate, or pro- hibit the locating-, constructing-, or lajflng- the track of any railroad or tramway in any street, alley, or public place; but such permission shall not be for a long-er time than fifty years. 33. Id. To provide for or chang-e the location, g^rade, or crossing- of any railroad ; and to declare a nuisance, and to take up and remove, or to cause to be taken up and re- moved, the tracks of any steeet railway company which shall have been laid upon the streets or highways of the city and which such railway company has' failed to operate with cars for public use for the period of nine months after the laying- thereof. 34. Railroad fences, crossings, etc. To require railroad companies to fence their respective railroads, or any portion of the same, and to construct cattle guards, crossings of streets and of public roads, and keep the same in repair within the limits of the corporation. 35. Flagmen. Crossings. Drainage. To require railroad companies to keep flagmen at railroad crossings of streets or otherwise to provide protection against injury to persons and property; to compel such companies to raise or 18 Statutoky Pkovisions. lower their railroad tracks to conform to any g'rade which at any time may be established by such city, so that such tracks may be crossed at any place on any street, alley or highway; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers, and cul- verts along and under their railroad tracks, so that the nat- ural or artificial drainage of adjacent property shall not be impeded. 36. Bridges, etc. To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof. 37. Sewers, etc. To construct and keep in repair cul- verts, drains, sewers, catch basins, manholes, and cesspools, and to regulate the construction and use thereof. 38. Licenses, generally. To license, tax, and regu- late hawking, peddling, pawnbrokerage, emplo3^ment agencies, the keeping of ordinaries, theatrical, and other exhibitions, shows, and amusements, and the business con- ducted by ticket scalpers, distillers, brewers, money chang- ers, brokers, keepers of public scales, runners for stages, cars, public houses, or other persons or things, and to re- voke such license at pleasure; to license, tax, and regulate banks, bath houses, livery stables, skating rinks, smelters, crushers, express companies, restaurants, hotels, taverns, theatres, 0])era houses, music halls, boarding houses, eating houses, chop houses, lodging houses, laundries, barber shops, second hand or junk stores and to forbid the own- ers or persons in charge of said stores from purchasing or receiving any article whatever from minors without the written consent of their guardian or parents; to license, tax, and regulate the business conducted by hackmen, dray- men, omnibus drivers, carters, cabmen, porters, express- men, watermen, and all others pursuing like occupations and to prescribe their compensation; to license, tax, and regulate the business conducted by merchants, retailers, shop and storekeepers, butchers, druggists, photographers, assayers, confectioners, and fruit peddlers. Relative to Cities and Towns. 19 General licensing power, sub. 4. Where an ordinance imposes a license upon sewing machine agents, and a penal- ty upon any person, who within the city limits engages in peddling without firsL obtaining a license therefor, and a sewing machine agent sold machines from sam- ple without obtaining any license; held, that he violated the ordinance. Spanish Fork Cit 3 ' v. Mortensen, 7 U. 33; 24 P. 629. 39. Id. Billiards, etc. To license, tax, reg-ulate, and suppress billiard, bag-atelle, pig-eon hole, or any other ta- bles or implements kept or used for a similar purpose; also pin alleys or tables, or ball alleys. 40. Disorderly houses. Gambling. To suppress and prohibit the keeping- of bawdy and other disorderly houses, houses of ill fame, or assig-nation, or houses kept by, maintained for, or resorted to or used by one or more females for lewdness or prostitution within the limits of the city, and within three miles of the outer boundaries thereof, and to prohibit the resorting- thereto for any of the purposes aforesaid; and also to suppress and prohibit g^aming and gambling houses, lotteries, and all fraudulent devices and practices, and all kinds of gaming, playing at dice, cards, or other games of chance, and to prohibit the sale or exhibition of obscene or immoral publications, prints, pictures, or illustrations. 41. Liquor traffic. To license and regulate or pro- hibit the manufacturing, selling, giving away, or disposing in any manner, of any intoxicating, malt, vinous, mixed, or fermented liquor, the license not to extend beyond the mu- nicipal year in which it shall be granted, and to determine the amount to be paid for such license; and said license shall be subject to the same restrictions as required by the general laws of the state, and said council shall require of all persons applying fora license hereunder a bond in good and sufficient security and with like conditions as required by the general laws of the state in this regard; provided, that no other or further permit or license shall be required by the county in which such city is situated to enable such person or persons so licensed to sell or deal therein within the limits of the corporation. 20 Statutory Provisions. Neither under its general police powers, nor under a clause in the city charter authorizing the city to license, regulate and restrain the sale of fermented and spir- ituous liquors within its limits, has the city authority to exact a license fee of $10t> per quarter from a dealer who is within the city limits but three miles from the set_ tied portions of the city, and without police supervisif)ti. Salt Lake City v. Wagner, 2 U. 400. A city charter which authorizes the city ‘‘to license, regulate, prohibit, or restrain the manufacturers, sellers, or vendors of spirituous or fermented liquors,” does not authorize such city to prohibit the sale of such liquors. Logan City v. Buck, 3 U. 301; 2 P. 706. Under a provision of a city charter giving the city council power ‘*to license, regulate, prohibit, or restrain houses or places for the selling or giving away of wines or other liquors, whether ardent, vinous, or fermented,” an ordinance prohibiting druggists from selling such liquors, except for medicinal purposes, is valid. Prove City v. Shurtliff, 4 U. 15; 5 P. 302. The city council of Salt Lake City, under its charter granting it power to license, regulate, and tax the manufacturing, selling, giving away, or disposing of, in any manner, intoxicating liquors, has a reasonable discretion as to the person to whom the license may be granted, and as to the place of business. Miner J. dissenting. Perr 3 " v Salt Lake Cit 3 " Council, 7 U. 143; 25 P.739. Defendant issued plaintiff a liquor license, and the latter paid for three months; within a month after issuance, the defendant revoked the license without preferring charges, upon informal notice of the hearing, but without citing him to show cause; held, that the revocation without giving plain- tiff an opportunity to be heard was void. Pehrson v. City Council — U.--; 46 P.657. 42. Selling liquors to minors, etc. Opium. To punish and prohibit the selling- or g-iving away of any in- toxicating, malt, vinous, mixed, or fermented liquor to any minor, insane, or idiotic person, habitual drunkard or per- son intoxicated; and also to punish and prohibit the keep- ing or maintaining, or becoming an inmate of, or visiting, or in any way contributing to the support of, any place, house, or room where opium is smoked, or where persons assemble for the purpose of smoking opium or inhaling the fumes of opium, or where opium is sold for such purpose. 43. Markets. To establish markets and market houses, and provide for the regulation and use thereof. 44. Id. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same. 45. Inspection of provisions. To provide for and regulate the inspection of meats, fruits, poultry, fish, but- ter, cheese, lard, vegetables, flour, meal, and all other pro- visions. 46. Inspection of mercliandise. To provide for the inspection, measurement, or graduation of any mer- Relative to Cities and Towns. 21 chandise, manufacture, or commodity, and to appoint the necessary officers therefor. 47. Weights and measures. To provide for the inspection and sealing- of weig-hts and measures. 48. Id. To enforce the keeping of proper weights and measures by vendors. 49. Plumbiug, ’etc. To regulate the construction, repairs, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing. 50. Disorderly conduct. To prevent intoxication, fighting, gambling, quarrelling, dog fights, cock fights, and all disorderly conduct, and to provide against and pre- vent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house, or place in the city; to reg- ulate or prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous, or combustible material in the streets, lots, grounds, alleys, or about or in the vi- cinity of public buildings. 51. Concealed weapons. To regulate and prohibit the carrying of concealed weapons. 52. Vagrants. To arrest, fine, or set to work on the streets or elsewhere, all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business. 53. Disorderly conduct. To provide for the punish- ment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor, or noise, or by in- toxication, fighting, or using obscene or profane language, or otherwise violating the public peace by indecent or dis- orderly conduct, or by lewd or lascivious behavior. 54. Tramps, swindlers, etc. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, 22 Statutory Provisions. g-amblers, thieves, or persons who practice anv g-ame, trick, or device with intent to swindle, 55. Fire limits. To define the fire limits, and pre- scribe limits within which no building’ shall be constructed, except of brick, stone, or other incumbustible material, without permission, and to cause the destruction or removal of any building- constructed or repaired in violation of any ordinance; and to cause all building’s and inclosures which may be in a dang-erous state to be put in a safe condition or removed. 56. Coiistroctioii of biindiiig*s. Fire escapes. To prescribe the manner of constructing- stone, brick, and other building’s, and the construction of fire escapes; and to cause all building’s used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate applian- ces for the extinguishment of fire, to prevent the over- crowding thereof; and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein. 57. Dangerous chiiimeys, boilers, etc. To pre- vent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, fur- naces, boilers, and apparatus used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition. 58. Dangerous manufactures. To regulate and prevent the carrying on of manufacturing likely to cause fires; and to prevent the deposit of ashes in unsafe places. 59. Fire department. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other apparatus, and to organize fire engine and hook and ladder companies, and to prescribe rules, du- ties, and government therein, with such penalt}^ as the council may deem proper, and to make all necessar}^ appro- Relative to Cities and Towns. 23 priation therefor; and to establish reg-ulations for the pre- vention and exting-uishment of fires. 60. Combustibles and explosives. To reg^ulate or prevent the storag-e of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitro-gljcerine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use of lights in stables, shops, and other places, and the building of bonfires. 61. Steam boilers and elevators. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation, and licensing of stationary engineers and of others having charge or control of stationary engines, boilers, or steam generating appara- tus, or elevators within the corporate limits of the city. 62. Jails. To establish, erect, and maintain city jails, houses of correction, and work houses for the confinement of persons convicted of violating any city ordinances, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the board of county commissioners. 63. Cruelty to animals. To prohibit cruelty to ani- mals. 64. Nuisances. To declare wh it shall be a nuisance and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist. 65. Health and quarantine. To make regulations to secure the general health of the city, to prevent the in- troduction of contagious, infectious, or malignant diseases into the city, and to make quarantine laws and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same. 66. Cemeteries and hospitals. To purchase, hold, 24 Statutory Provisions. and pay for lands within or without the corporate limits, for the burial of the dead, and all necessary g-round for hospitals, and to have and exercise police jurisdiction over the same, and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery g-rounds; and to convey cemetery lots owned by said city, and pass rules and ordinances for the protection and governing of said grounds. 67. Births and deaths. To regulate the burial of the dead and the registration of births and deaths; to direct the returning and keeping of bills of mortality, and to im- pose penalties on physicians, sextons, and others for default therein. 68. Estrays. To regulate, or prohibit the running at large within the limits of the city, horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a pound keeper, and pre- scribe his duties, and to distrain and impound anima;ls run- ning at large, and to provide for the sale of the same in the same manner as provided by the laws of the state for sale of estrays and trespassing animals. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasurer to be disposed of accor- ding to law. 69. Dogs. To license, tax, regulate or prohibit the keeping of dogs, and authorize the destruction of the same when at large contrary to ordinance. 70. Slaughter houses, etc. To direct the location and regulate the management and construction af packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, and blacksmith shops in and within one mile of the limits of the corporation. 71. Offensive trade, nuisance. To prohibit any offensive or unwholesome business or establishment in and Relative to Cities and Towns. 25 within one mile of the limits of the corporation; to compel the owner of any pig- sty, privy, barn, corral, sewer, or other unwholesome or nauseous houses or place, to cleanse, abate, or remove the same, and to regulate the location thereof. 72. Census. To provide for taking the census; but no census shall be taken oftener than once in five years, ex- cept as provided in chapter one of this title. 73. Public buildings. To provide for the construc- tion and care of all public buildings necessary for the use of the city. 74. Annoying aninseinents. To prevent or regu- late the rolling of hoops, playing of ball, flying of kites, riding of bicycles or trycicles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on sidewalks, or to frighten teams or horses. 75. Lumber yards, etc. To regulate, or prohibit the keeping of any lumber yard, and the placing or piling or selling of any lumber, timber, wood, or other combust- ible material within the fire limits of the city. 76. Water works, tire signals, etc. To purchase, construct, lease, rent, manage, and maintain any system or part of any system of water works, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be neces- sary for the full protection, maintenance, management, and control of the property so leased, purchased or constructed. 77. Public libraries. To establish, maintain, and regulate free public libraries and reading rooms as provided by law, and to perpetuate such free libraries and reading rooms as may have been heretofore established in said •cities. 78. Public traffic. To regulate or prohibit all public ■demonstrations and processions which interfere with public traffic. 26 Statutory Provisions. 79. Iiidig;eiit dead. To provide for the burial of the indig-ent dead, and to pay the expenses thereof. 80. Education. To authorize the taking- and to pro- vide for the safe keeping- and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care. 81. Inspection of liquor. To regulate the inspec- tion of malt, vinous, and spirituous liquors. 82. Street tax. To provide by ordinance for the an- nual levy and collection of a street tax, to be assessed upon the property, real and personal, of the city; which tax if levied and collected, shall be in lieu of the tax provided for in subdivision three of section two hundred and fifty-three. Said tax shall not in any one year exceed one-half of one per cent., and shall be expended for the opening, widening, grading, and improving of the streets, sidewalks, avenues, and alleys of the city. 83. Street noises. To prevent the ringing of bells, blowing of horns and bugles, crying of goods by auction- eers and others, and the making of other noises for the pur- pose of business, amusement, or otherwise, and to prevent all performances and devices tending to , the collection of persons on the streets or sidewalks of the city. 84. Fastening- animals. To compel persons to fasten animals attached to vehicles standing or remaining in the streets. 85. Official bonds and reports. To require all mu- nicipal officers and agents elected or appointed to give bond and security for the faithful performance of their duties, and to require from every officer of the city at any time a report in detail of all the transactions in his office, or any matters connected therewith. 86. Create necessary offices. Prescribe duties. To create any office that may be deemed necessary for the good government of the city; to regulate and prescribe the Relative to Cities and Towns. 27 powers, duties, and compensation of all officers of the city, except as otherwise provided by law. 87. Licenses. To raise revenues by levying- and col- lecting- a license fee or tax on any private corporation or business within the limits of the city, and regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are im- posed. 88. Ordinances. To pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this title, and such as shall seem necessary and proper to provide for the safety, and preserve the health, and promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the city and the inhabitants thereof,- and for the protection of property therein; and to enforce obedience to such ordinances with such fines or penalties as the city council may deem proper; provided, that the punishment for any offense shall be by fine in any sum not less than three hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. A municipal corporation has power to pass an ordinance for th^ punishment of an offense, notwithstanding- the same was provided ag-ainst by g-eneral law. Ex parte Doug-lass, 1 U. 108. Where an ordinance and an act of the legislature relate to the same subject matter, the ordinance is not repealed by the act unless repugnant to the latter, since repeals must be clear, particularly of special or local laws or or- dinances. Ogden City V, Hamer, 12 U, 337; 42 P. 1113. Where a municipal corpor- ation ma 3 ' prohibit a thing altogether, it ma\^ prohibit it conditionally, and confer upon some officer or officers power to determine whether a fact or state of things exists which will authorize the doing, of it. Cit>' of Eureka v. Wilson. Sec. 207. Powers to be enforced by ordinance. When by this title power is conferred upon the city council to do and perform any act or thing, and the manner of exer- cising the same is not specifically pointed out, the city council may provide by ordinance the manner and details necessary for the full exercise of such power. 28 Statutory Provisions. ACTIONS FOR VIOLATIONS OF ORDINANCES. 208. Actions in corporate name. All actions broug’ht to recover any fine or to enforce any penalty under any ordinance of any city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery, or acquittal for the violation of any such ordinance shall constitute a defense to‘ any other prosecution of the same person for any other violation of any such ordinance, al- though the different causes of action existed at the same time, and if united would not have exceeded the jurisdic- tion of a justice of the peace. 209. Money paid into treasury. All fines and for- feitures for the violation of ordinances, and all money col- lected for licenses or otherwise, shall be paid into the treasury of the corporation at such times and in such man- ner as may be prescribed by ordinance. 210. Pleading and imprisonment. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarcer- atimi of offenders until such fine, penalty, and costs shall be fully paid. 211. Imprisonment at labor. The city council shall have power to provide by ordinance, that every person so committed shall b'e required to work for the corporation at such labor as his strength will permit, not exceeding eight hours each working day; and tor such work the per- son so employed shall be allowed one dollar for each day’s work on account of such fine and costs. 212. Serving process. Arrests. Any constable or sheriff of a county ma}^ serve any process or make any ar- rest authorized to be made by any city officer. Relative to Cities and Towns. 29 OFFICERS — POWERS AND DUTIES. 213. Elective Officers. Terms. In addition to the mayor and city councilmen, there shall be elected in all cities of the state, a city recorder, a city treasurer, and a city justice of the peace; and also in cities of the first and second class, a city attorney and a city auditor; and in cities of less than twelve thousand inhabitants, a city marshal; Provided^ that in cities of less than twelve thousand inhabi- tants the city recorder shall be ex-officio city auditor and shall perform the duties of such office without extra com- pensation therefor. All elective officers shall hold their re- spective offices for two years and until their successors are elected and qualified. As amended, session laws 1899. Sec. 214. Appointive officers. The mayor, by and with the advice and consent of the council, may appoint all appointive officers and ag-ents that may be provided for by law or ordinance, and, in like manner, fill all vacancies among- the same, except as otherwise provided by pro- vided^ that elective officers shall have the sole rig-ht to ap- point all their deputies and assistants, who shall be con- firmed by the city council. As amended, session laws 1899. 215. Id. Terms. Except as otherwise provided by law, the term of office of all appointive officers shall be until the municipal election next following- their appoint- ment, and until their successors are duly appointed and qualified, unless sooner removed by the mayor with the con- currence of the majority of the members of the city council, or by the city council with the concurrence of the mayor. 216. Oath. Bond. All officers of any city, whether elected or appointed, shall, before they enter upon the duties of their respective offices, take and subscribe the constitu- tional oath of office; and every such officer shall, before en- tering- upon the duties of his office, execute a bond with g-ood and. sufficient, sureties, to be approved by the mayor, payable to the city in such, penal sum as may, by resolution or ordinance be directed, conditioned for the faithful per- formance of the duties of his office, and the payment of all moneys received by such officer according- to law and the or- dinances of sa.id city ; provided, that the bond of the mayor shall be approved by the city councU; provided further, that the treasurer’s bond shall be fixed at a sum not less than the amount of the whole tax tor the current year. 30 Statutory Provisions. 217. Bonds of first officers. Whenever the inhabi- tants of any territory incorporate under this title, the offi- cers first elected shall g-ive bonds as mentioned in the pre- ceding- section, in the penal sum of not less than five hun- dred dollars, such bonds to remain in force until the pas- sage of ordinances or resolutions by the council of such cor- poration providing for the giving of bonds by said officers. 218. Additional bonds. The city council may at any time require further and additional bonds of all officers elected and appointed. All bonds given by the officers of any city shall be filed with the recorder, except the bond of the recorder, which shall be filed with the treasurer. 219. Malcondnct. In case the mayor or any munici- pal officer shall, at any time wilfully omit the performance of any duty, or wilfully and corruptly be guilty of oppres- sion, malconduct, or misfeasance in office, he shall be liable to indictment, and, on conviction thereof, fined in a sum not exceeding one thousand dollars, and the court under which such conviction shall be had shall enter an order re- moving such officer from office; nor shall he be eligible to any municipal office thereafter. 220. Delivery to successors. Every officer of the city shall, within five days after notification and request, deliver to his successor in office all properties, books and effects of every description in his possession belonging to the city or appertaining to his said office: and upon his refusal to do so, shall be liable for all damages caused thereby, and to such penalty as may be by ordinance prescribed. 221. Who eligible to office. No person shall be eli- gible to any office who is not a qualified elector of the city, nor shall ar^y person be eligible to any office who is a de- faulter to the corporation. 222. Officer not to be interested in contract. No officer shall be directly or indirectly interested in any contract, work, or business of the city, or in the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act Relative to Cities and Towns. 31 or ordinance, nor in the purchase of any real estate or any other property belong-ing to the corporation, or which shall be held for taxes, or assessments, or by virtue of leg-al pro- cess, at the suit of said corporation, mayor, or other officer of the city. 223. Id. Bribery. Penalty. Any officer of the city or member of the citv council who shall by himself or ag’ent become a party to or in any way interested in any contract work or letting*, under the authority of the city, or who shall either directly or indirectly by himself or another ac- cept or receive any valuable consideration or promise for his influence or vote, shall be fined in any sum not exceeding* one thousand dollars, one-half of which shall g*o to the in- former and the balance be paid into the city treasury by the oflicer collecting* or receiving* the same, and the said con- tract shall be null and void. 224. Holding- more than one office. In cities of the first and of the second class, no mayor, councilman, re- corder, or treasurer shall hold any other office under the city government during his term of office. 225. Compensation. All officers of any city shall receive such compensation as may be fixed by ordinance, but the compensation of any such officers shall not be in- creased or diminished to take effect during the time for which any such officer was elected or appointed. 226. Councilman not to hold created office. No member of any city council shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected and for one year after the expiration of such term. 227. Defining duties of officers. The duties, pow- ers, and privileges of all officers in any way connected with the city government not herein defined shall be defined by the city council, and the defining by this title of duties of city officers shall not preclude the city council from defin- 32 Statutory Provisions. ing- by ordinance further and additional duties to be per- formed by any such officer. CITY RECORDER. 228. Office, where. Keep records. Certify copies. The city recorder shall keep his office at the place of meeting- of the city council, or some other place conve- nient thereto, as the council may direct. He shall keep the corporate seal and all papers and records of the city, and keep a record of the proceeding's of the city council, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the city council certified by him, under the corporate seal, shall be evidence in all courts, as if the original were produced. 229. Couiitersign contracts. He shall countersign all contracts made in behalf of the city, and every contract made in behalf of the city or to which the city is a party, shall be void unless signed by the recorder. 230. Duties in relation to finance. City auditor. The city auditor, in cities having an auditor, and in all other cases, the city recorder, shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the city council, and keep a full and accurate account thereof in books provided for that purpose; shall make to the city council from time to time, upon the order of the council, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the city council as shall secure the payment of the principal and interest of such bonds; shall report annu- allv, on or before the first day of June, to the city council, an estimate of the expenses of the city and of the revenue necessary to be raised for the current year; shall keep regu- lar books of account in which he shall enter all indebted- ness of the city, and which shall at all times show the finan- cial condition of the city, the amount of bonds, orders, cer- Relative to Cities and Towns. 33 tilicates or other evidences of indebtedness issued by the city council, the amount of all bonds, orders, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding*; shall keep accounts with all receiving* and disbursing* officers of the city, show- ing* the amount they have received from the different sour- ces of revenue and the amount which they have disbursed under the direction of the city council; shall examine all reports, books, papers, vouchers, and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the city council; and shall keep a record of claims presented and the action of the coun- cil thereon; shall keep a book properly indexed in which he shall enter all contracts, which book shall be open to the inspection of all persons interested; and shall perform such other duties as the city council may provide by ordinance. 231. Annual financial statement. The city audi- tor, in cities having an auditor, and in all other cases, the city recorder, shall prepare and publish, on or before the first Monday in July of each year, in some newspaper hav- ing a general circulation in the city, a detailed statement of the financial condition of the city, and of all receipts and expenditures for the previous year, ending June 30th, show- ing: 1. The total receipts of the city, stating particularly the source of each portion of the revenue. 2. The amount of cash on hand at the date of the last report. 3. The amount of sinking fund, and how invested. 4. The number, date, and amount of every bond issued or redeemed, and the amount received or paid therefor. 5. The indebtedness of the city, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof. 6. The amount of cash in the city treasury and in its sev- eral funds. 7. The total expenditures of the city, as shown by the 34 Statutoky Provisions. warrants issued, g-iving- in total the amount expended in each department. As amended, session law 1899. CITY TREASURER. 232. Duties generally. The city treasurer shall re- ceive all money belong-ing- to the city, including- all taxes, licenses and fines, and keep an accurate and detailed ac- count thereof, in such a manner as provided in this title, or as the city council from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settle- ment with the recorder or auditor, as the council may di- rect, at the end of every month, and turn overall warrants, interest coupons, bonds or other evidence of the indebted- ness of the city, which may have been redeemed by him during- the month, taking- the receipts of the recorder or auditor therefor, and all such warrants, orders, or other evidence of indebtedness shall be canceled by him and have written or stamped thereon the date of their payment or redemption. 233. Payments. He shall pay no money out save up- on lawful warrant, except bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable, in time to meet such payment when due. 234. Warrants paid in order. All warrants shall be paid in the order in which they shall be presented, and the treasurer shall note upon the back of each warrant pre- sented to him, the date of such presentation, and when pay- ment is made, the date of such provided, that any warrant shall be paid by the treasurer in case a sufficient amount of money shall remain in the treasury to day all warrants issued previous to such warrant. 235. Receipts. The treasurer shall g-ive every person Relative to Cities and Towns. 35 paying- money to the city treasury a receipt therefor, speci- fying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the audi- tor or recorder as the council may direct at the date of his monthly report. 236. Public money to be kept separate. The treasurer shall keep all money belonging to the city separ- ate and distinct from his own money. Whenever it shall appear to the mayor that the treasurer is making profit out of public money or using th'e same for any purpose not authorized by law, he shall suspend him from office, and upon his conviction for such offense his office shall become vacant. 237. Reports. Registry of warran ts. The treas- urer shall report to the city council at such times as may be prescribed by ordinance, giving a full and detailed ac- count of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a registry of all warrants redeemed and paid during the year, describ- ing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the city council at the time of making such re- port. 238. Special funds. All moneys on any special as- sessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment w^as made, and said money shall be used for no other purpose whatever. CITY JUSTICE OF THE PEACE. 239. Jurisdiction. The city justice of the peace shall have exclusive original jurisdiction of casres arising under or by reason of the violation of any city ordinance, and shall have the same powers and jurisdiction as justices of the peace in all other actions, civil and criminal. 36 Statutory Provisions. 240. Practice. Appeals. The rules of practice and mode of procedure in a city justice’s court shall be the same as are or may be prescribed by law for justices’ courts in like cases, except as herein otherwise expressly provided. From all final judg-ments of a city justice’s court an appeal may be taken by either party in a civil case, or by the de- fendant in a criminal case, to the district court of the coun- ty, in the manner provided by law for appeals from just- ices’ courts in similar cases. 241. Jury trial. All actions before a city justice aris- ing under the city ordinances shall be tried and determined by such justice without the intervention of a jury, except in cases where imprisonment for a long-er period than thirty days is made a part of the penalty, or where the maximum fine may exceed fifty dollars. The defendant shall demand a trial by jury before the commencement of the trial, and when such a demand shall be made a jury shall be impan- eled in the same manner as provided for the impaneling- of a jury in other justices’ courts. 242. Vacancies. Disqualification. Salary. If a vacancy shall occur in the office of a city justice, the may- or, by and with the consent of the city council, shall forth- with fill such vacancy by appointment for the unexpired term. The person so appointed shall qualify in the same manner as a city justice, and shall have and exercise all the powers conferred by law upon a city justice. In case any city justice shall for any reason be unable or disqualified to perform the duties of his office or shall be absent, the mayor shall appoint some other justice of the peace residing- with- in the county to act as city justice of the peace pro tern., and he shall have the powers and discharge the duties of such city justice during the existence of such disability or absence only, in the same manner and to the same extent as the city justice might have done. The city justice shall re- ceive such salary for his services while exercising jurisdic- tion under the ordinances and by-laws of the city as may be prescribed by ordinance. Relative to Cities and Towns. 37 243. Fines. All fines, penalties, and forfeitures for the violation of any city ordinance shall be paid by the officer receiving’ the same to the city treasurer. 244. Warrants, to Avliom issued. All warrants is- sued by the city justice for the violation of any g-eneral law of the state or ordinance of the city shall run to the sheriff or any constable of the county, or to the marshal or any policeman of the city. MARSHAL AND POLICE. 245. Chief of police. Duties. The chief of police shall in the discharg-e of his duties have like powers, and be subject to like responsibility as sheriffs and constables in similar cases; and he shall suppress riots, disturbances, and breaches of the peace, and apprehend all persons commit- ting- any offense ag-ainst the laws of the state or the ordi- nances of the city. And at all times he shall dilig^ently and faithfully discharg-e his duties and enforce all ordinances and reg-ulations of the city for the preservation of peace and g-ood order, and the protection of the rig-hts and pro- perty of all persons. 246. Police officers. Powers aiul duties. All police officers of any city shall possess the powers conferred upon constables by law. They shall execute and serve all warrants, process, commitments, and all writs whatsoever, issued by the city justice of the peace. It shall be the duty of the police force in any city at all times to preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, protect persons and property, remove nuis- ances existing- in the public streets, roads, hig-hways, en- force every law relating- to the suppression of offenses, and perform all duties enjoined upon them by ordinance. 247. Id. Arrests. The several members of the police shall have power and authority without process to arrest and take into custody any person who shall commit or threaten or attempt to commit in the presence of such offi- 38 Statutory Provisions. cer, or within his view, any breach of the peace or any of- fense directly prohibited by the laws of this state or by any ordinance. 248. Marshal. Duties. In cities of less than twelve thousand inhabitants, the marshal shall be ex-officio chief of police and shall perform the duties and exercise the auth- ority thereof. He shall, under the direction of the council, direct and control the police of the city, and whenever the interests of the city demand, by and with the consent of the mayor, appoint such number of special policemen as may be required, and perform such other duties as may be pre- scribed by ordinance. 249. Bail commissioners. The mayor of any city in this state may, by and with the consent of the city coun- cil, appoint from among the officers and men in the police department of said city, one or more discreet persons to be known as bb.il commissioners, who shall have and exercise all the powers which are now or hereafter may be conferred by law upon justices of the peace in respect of fixing the bail of persons arrested for misdemeanors under the laws of this state or for violation of the city ordinances, and taking and approving the same; frovided^ that any person who has been ordered by any such bail commissioners to give bail, may deposit the amount thereof in money with such bail commissioner. 250. Oatli and bond. Commissioners appointed un- der this title shall serve at the pleasure of the mayor. They shall receive no compensation, and before entering upon their duties as such commissioners, shall take and subscribe an oath to faithfully and impartially discharge the duties of their office, and shall give bond to the city wherein they are appointed with two good and sufficient sureties, in the sum of twenty-five hundred dollars, conditioned for the faithful performance of their duties as such commissioners, and that they will well and truly account for and turn over to the treasurer of their respective cities or counties, as the case may require, at such times as may be designated by Relative to Cities and Towns. 39 the city council, all moneys, bonds, property, and records coming* into their hands as snch commissioners, and that at the expiration of their term of office, they will surrender and turn over as aforesaid all funds, bonds, property, pa- pers, and records pertaining* to their respective offices, then in their hands. Suit upon any such bond may be brougfht by any county, city, or person injured. 251 . Id. Filing. The oaths of office and bonds of said commissioners shall be filed with the city recorders of their respective cities. GENERAL TAXES. 252. Fiscal year. The fiscal year of cities shall com- mence on the first day of January. 253. Annual tax. During the month of July of each year, the city council, at a regular meeting thereof, shall, by ordinance or resolution, levy on the real and personal property within the city made taxable by law: 1. Not to exceed five mills on the dollar to defray con- tingent expenses. 2. Not to exceed ten mills on the dollar to purchase water sources, streams, and the land upon which said streams are appropriated, and canals; to construct water works, and to supply water for irrigation and other pur- poses. 3. Not to exceed five mills on the dollar to open, im- prove and repair the streets and sidewalks. 4. Not to exceed five mills on the dollar to construct and repair sewers and drains. 5. Not to exceed ten mills on the dollar to construct and maintain gas works, electric light works, telephone lines, street railways, or bath houses. Power to levy taxes, § 206, sub. 3. Street tax, § 206, sub, 82. Special taxes g-eiier- ally, §§ 255-282- Special or local taxes for water, § 279, Where defendant lived on a farm outside the city, and beyond the benefit of mu- nicipal expenditures, an act of the leg-islature subjecting- hispropert 3 ’ to municipal taxation was not rig-htful legislation, and was in violation of the constitution of the U. S., amendijient 5, providing that private propert 3 ' shall not be taken for public use without just compensation. People v, Daniels, 6 U. 288; 22 P, 159. A municipal 40 Statutory Provisions. corporation which is a small villag-e, but having extensiv^e limits, cannot tax farm- ing lands for municipal purposes lying within the corporate limits, but outside of the platted portion of the city, and so far removed from the settled portion of the city that the owner will receive no benefits from the municipal government, affirm- ing Territory v. Daniels, 7 U. 288. Ellison v. Linford, 7 U. 166; 25 P. 744. In a suit brought to recover the value of property seized for city taxes upon lands situ- ated one mile away from the platted portion of the city, but where a street extend- ed past the land, upon which work had been done as far as the plaintiff’s premises, where the plaintiff had enjoyed police protection and some municipal benefits, held, that this land was subject to city taxation, distinguishing this case from Peo- ple V. Daniels, 6 U. 200. Cook v. Crandall, 7 U. 344 ; 26 P. 927. 254. Certification of levy. The city recorder shall certify the ordinance or resolution making- the levy to the county auditor or clerk, as the case may be, immediately after the passag-e of the same. SPECIAL TAXES. 255. Local improvements. The city council of each city in the state of Utah, shall have the following- powers: To lay out, establish, open, alter, extend, widen, and improve streets, alleys, avenues, sidewalks, parks, and public g-rounds, and vacate the same; and to grade, curb and gutter, park, and beautify, or otherwise improve and keep in good repair, or cause the same to be done in any manner it may deem proper, any park, street, avenue, or alley within the limits of the city; and may grade partially or to the established grade or park, or otherwise improve any part of any street, avenue, or alley; and may also con- struct and repair, or cause and compel the construction and repair of sidewalks in such city, of such material and in such manner as it may deem proper. 256. Special taxes. Ordinary repairs. Paving districts. To defray, or cause to be defrayed, the cost and expense of such improvements or any of them, the city council shall have power and authority to levy and collect special taxes and assessments upon the blocks, lots, or parts thereof, and pieces of ground adjacent to or abutting upon the street, avenue, alley, or sidewalk thus in whole or in part opened, widened, curbed and guttered, graded, parked, extended, constructed, or otherwise improved or ’repaired. Relative to Cities and Towns. 41 or which may be especially benefited by any of said im- provements; provided^ that the above provisions shall not apply to ordinary repairs of streets or alleys, and that one- half of the expense of bring-ing" streets, avenues, alleys, or parts thereof to the established grade shall be paid out of the general fund of the city; and such council shall have power to pave, repave, or macadamize any street or alley, or part thereof in the city, and for that purpose to create suitable paving districts, which shall be consecutively num- bered, such work to be done under contract. 257. Paving taxes, how levied. The cost of pav- ing, macadamizing, or repaving of the streets and alleys within any paving district, except the intersection of streets and space opposite alleys within such district, shall be as- sessed upon the lots and lands abutting upon the streets and alleys in such district, in proportion to the square feet, or feet front, or both, so abutting upon such streets and alleys. 258. Id. When delinquent. Collection. Sup- plemental assessment. The assessments of special taxes for paving purposes herein provided for, shall be made as follows: The total cost of the improvements shall be levied at one time upon the property, and become delin- quent as herein provided: one-tenth of the total amount shall be delinquent in fifty davs after such levy, one-tenth in one year, one-tenth in two years, one-tenth in three years, one-tenth in four years, one-tenth in five years, one-tenth in six 3 "ears, one-tenth in seven years, one-tenth in eight years, and one-tenth in nine years. Each of said install- ments, except the first, shall draw interest at the rate of seven per cent per annum from the time of levy aforesaid until the same shall become delinquent, and after the same shall become delinquent, interest at the rate of ten per cent per annum ’shall be paid thereon; provided^ the total cost of the improvements shall become delinquent at such time and in such installments, or the entire sum at one time, as the city council of such city may prescribe; but such entire 42 Statutory Provisions. sum shall not become delinquent in less a time than one year. Such taxes shall be collected and enforced as in other cases of special taxes. In cases of omission, errors, or mis- takes, in making- such assessment or levy in respect of the total cost of the improvements, or deficiencies, or otherwise, it shall be competent for the council to make a supplemental assessment and levy to supply such deficiencies, omissions, errors, or mistakes. 259. Intersection. Duties of railway compan- ies. The cost of paving-, macadamizing, or repaving the intersection of streets and spaces opposite alleys, in any paving district shall be paid by the city as hereinafter pro- vided; but nothing herein contained shall be construed to exempt any street railway company from keeping every portion of every street, avenue, and alley used by it, upon or across which its track shall be constructed at or near the grade of such streets in good and safe condition for public travel, but it shall keep the same planked, paved, macadam- ized, or otherwise in such condition for public travel as the city council of such city may from time to time direct, keep- ing the plank, pavement, or other surface of the street or alley level with the top of the rails of the track of such street railway. The portions of the streets or alleys to be so kept and maintained by all such street railway companies shall include all the space between its different rails and tracks and also a space outside of the outer rail of each outside track of at least two feet in width, and the tracks herein referred to shall include not only the main tracks but also all side tracks, crossings, and turnouts constructed for the use of such street railways. 260. District paving bonds. For the purpose of paying the cost of paving, macadamizing, or repaving the streets and alleys in any paving district, exclusive of the intersections of streets and spaces opposite alleys therein, the council shall have power, and may by ordinance cause to be issued bonds of the city, to be called “district paving bonds of district number ,” payable in not exceeding Relative to Cities and Towns. 43 ten years from date, and to bear interest, payable annually, not exceeding- the rate of six per cent per annum, and in such case shall also provide that said special taxes and as- sessments shall constitute a sinking- fund for the payment of said bonds and interest, and said bonds shall not be sold for less than their par value; provided^ that the entire cost of paving-, repaving-, or macadamizing- any such streets, avenues, or alleys, properly charg-eable to any blocks, lots of lands, or parts thereof, within any such paving- district may be paid by the owner of such lots or lands within fifty days from the levy of such special taxes and thereupon such lots or lands shall be exempt from any lien or charg-e therefor. 261. City paving bonds. Whenever the council deems it expedient, it shall have power, for the purpose of paving- the cost of paving-, repaving-, or macadamizing- the intersection of streets and spaces opposite alleys in the city, to issue bonds of the city, to run not moe rthan twenty years, and to bear interest payable semi-annually at a rate not exceeding- six per cent per annum, to be called “p^-ving- bonds,” and which shall not be sold for less than their par value, and the proceeds of which shall be used for no other purpose than paying- the cost of paving-, repaving-, or mac- adamizing- the intersections of streets and alleys in the city; frovided^ that the ag-g-reg-ate amount of such bonds issued in any one year shall not exceed the sum of one hundred thous- and dollars; and if in any such city there shall be any real es- tate not subject to assessment of special taxes for paving- purposes, the council shall have the power to pave in front of the same and to pay the cost thereof that would otherwise be charg-eable on such real estate, in the same manner as herein provided for the paving- of intersections of streets and paying- therefor. The word “lot” as in this chapter used shall be taken to mean any subdivided real estate. The word “lands” shall mean any subdivided real estate. The word “street” shall be deemed to include boulevard and av- enue. 44 Statutoky Provisions. 262 Special tax according to benefits accru- ing'. If the lots and real estate abutting upon that part of the street ordered paved, repaved, or macadamized as shown upon any recorded plat or map are not of uniform depth, or if for any other reason it shall appear just and proper to the council, the council is authorized and empowered to deter- mine and establish the depth to which the real estate shall be charged and assessed with the cost of the improvement, and such depth shall be determined and established accord- ing to the benefits accruing to the property by reason of the improvement. The council shall include in the paving dis- trict all the real estate to be benefited by such improve- ment, and shall cause it to be charged and assessed with the cost of such paving or improvement as in this chapter here- inafter provided. The provisions of this chapter in regard to the depth to which real estate may be charged and as- sessed, shall apply to all special taxes that may be levied, except for sidewalk, in proportion to the front or square feet. 263. District, curbing, and guttering bonds. Whenever curbing, or curbing and guttering, is done up- on any street or avenue in any paving district in which pav- ing has been ordered, and the council shall deem expedient so to do, it shall have power and authority, for the purpose of paying the cost of such curbing and guttering, to cause to be issued bonds of the city, to be called “curbing and guttering bonds of paving district number ,” payable in not exceeding ten years from date, and to bear interest payable annually, not exceeding the rate of six per cent per annum, and in such case, shall assess at one time the total cost of such curbing and guttering, or curbing as the case may be, upon the property abutting or adjacent to the por- tion of the street or avenue so improved, according to spe- cial benefits; such assessment to become delinquent the same as the assessment of special taxes for paving purposes, and to draw the same rate of interest and be subject to the same penalties, and may be paid in the same manner as special taxes for paving purposes; and the special taxes so assessed ReIvATive to Cities and Towns. 45 shall constitute a sinking- fund for the payment of said bonds and interest, and said bonds shall not be sold for less than their par value. 264. Errors not to avoid tax. Action to recover. No such special tax shall be declared void, nor shall any such assessment or part thereof, be set aside in consequence of any error or irregularity committed or appearing in any of the proceedings under this chapter; but any party feel- ing aggrieved by any such special tax, assessment, or pro- ceeding may pay the said special taxes assessed or levied upon his property or such installments thereof as may be due, at any time before the same shall become delinquent under protest, and with notice in writing to the city treas- urer that he intends to sue to recover the same, which no- tice shall particularly state the alleged grievance and ground thereof, whereupon such party shall have the right to bring a civil action within sixty days thereafter, and not later, to recover so much of the special taxes paid as he shall show to be illegal, inequitable, and unjust, the cost to follow the judgment to be apportioned by the court as may seem proper, which remedy shall be exclusive. The city treasurer shall promptly report all such notices to the citv council for such action as may be proper. No court shall entertain any complaint that the party was authorized to make, and did not make, to the city council sitting as a board of equalization, nor any complaint not specified in said notice fully enough to advise the city of the exact na- ture thereof; nor any complaint that does not go to the groundwork, equity, and justice of the tax. The burden of proof to show such tax or part thereof invalid, inequitable, or unjust, shall rest upon the party who brings such suit. 265. Equalization. Whenever the city council shall levy any tax under the provisions of this chapter, it shall appoint a board of equalization and review, to consist of five of its members, which said board shall, upon the com- pletion of the lists of the property in any of the districts taxed, give public notice of the completion of such lists. 46 Statutory Provisions. Such notice shall state the time and place of meeting- of said board and the same shall be during- the usual business hours and for not less than five consecutive days, and, dur- ing- the time specified said lists shall be open to public in- spection; and any person feeling- ag-g-rieved shall have a hearing-, and it shall have authority to make corrections of any tax deemed unequal or unjust. 266. Railways to pave and repair. All horse, cable, steam, electric or other railway companies now ex- isting- or hereafter created in any city already incorporated or hereafter org-anized shall be required to pave or repave at their own cost all the space between their different rails and tracks and also a space two feet wide outside of the outer rails of the outside tracks, and the tracks herein re- ferred to shall include not only the main tracks but also all side tracks, crossing-s, and turnouts used by such companies. Where two or more companies occupy the same street or alley with separate tracks, then each company shall be re- sponsible for its proportion of the surface of the street or alley occupied by all the parallel tracks as herein provided. Such paving- or repaving- by such railway companies shall be done at the same time and shall be of the same material and character as the paving- or repaving- of the streets or alleys upon which said railway track or tracks is located, unless other material be specially ordered by the city council or board of public works. Such railway companies shall be required to keep that portion of the street which they are herein required to pave or repave in g-ood and proper repair, using- for said purpose the same material as the street upon which the track or tracks are laid at the point of repair or such other material as the city council or board of public works may require and order; and as streets are hereafter paved, or repaved, street railway companies shall be re- quired to lay, in the best approved manner, a rail to be ap- proved by the city council or the board of public works. The tracks of railway companies, when located upon the streets or avenues of the city shall be kept in repair and Relative to Cities and Towns. 47 safe in all respects for the use of the traveling- public, and said companies shall be liable for all damag-es resulting- by reason of neg-lect to keep such tracks in repair, or for ob- structing the streets or avenues of such city. For injuries to persons or property arising from the failure of such com- pany to keep its tracks in proper repair and free from ob- structions, such company shall be liable and the city shall be exempt from liability. The word “companies” as used in this chapter shall be taken to mean and include any per- sons, companies, corporations, or associations owning or operating any street or other railway in any such city. 267. Id. Levy on railroad. In the event of the refusal of such company to pave, repave, or repair as re- quired in the foregoing sections, when so directed by the council, upon the paving or repaving of any street upon which their track is laid, the council shall have power to pave, repave, or repair the same, and the cost and expense of such paving, repaving ar repairing may be collected by levy and sale of any property of said street railway company in the same manner as special taxes are now or may be col- lected. Special taxes for the purpose of paying the cost of any such paving or repaving, macadamizing, or repairing of any such street railway, may be levied upon the track, including ties, iron, roadbed, right of way, side-tracks, and appurtenances, including buildings and real estate belong- ing to any such company or person and used for the purpose of such street railway business, all as one property; or upon such parts of such track, appurtenances, and property, or any part thereof, as may be within the district paved, re- paved, macadamized, or repaired, and shall be a lien upon the property levied upon from the time of the levy until satisfied. No mortgage, conveyance, pledge, transfer, or incumbrance of any such property or of any rolling stock or personal property of any such company, created or suffered by a company, after the time when any street or part there- of upon which any street railway shall have been laid, shall have been ordered paved, repaved, macadamized, or repair- 48 Statutory Provisions. shall be made or suffered except subject to the lien of such special taxes, if such levy be in contemplation. 268. Seizure and sale. The city treasurer shall have the power and authority to seize any personal property be- long-ing to any such person or company for the satisfaction of any such special taxes when delinquent, and to sell the same upon advertisement and in the same manner as con- stables are now or may be authorized to sell personal prop- erty, upon execution at law; but failure so to do, shall in no wise affect or impair the lien of the tax or any proceeding- allowed by law for the enforcement thereof. The railroad track or any other property upon which such special taxes shall be levied, or so much thereof as may be necessary, may be sold for the payment of such special taxes in the same manner and with the same effect as real estate upon which such special taxes may be levied, may be sold. 269. Action against railway. Defense. It shall also be competent for an}^ such city to bring a civil action ag-ainst any party owning or operating any such street rail- way, and liable to pay said taxes, to recover the amount thereof, or any part thereof delinquent and unpaid, in any court having jurisdiction of the amount, and obtain judg- ment and have execution thereof, and no property, real or personal, shall be exempt from any such provided^ that real estate shall not be levied upon by execution except by execution out of the district court on the judgment therein, or transcript of judgment filed therein, as is now or hereafter may be provided by law. No defense shall be allowed in any such civil action except such as goes to the groundwork, equity, and justice of the tax, and the burden of proof shall rest upon the party assailing the tax. In case part of such special tax shall be shown to be invalid, unjust, or inequitable, judgment shall be rendered for such amount as is just and equitable. 270. Railway tax payable in instalments. It shall be competent for the council, upon the written appli- cation of any company, or persons owning any such street Relative to Cities and Towns. 49 railway, to provide that such special taxes shall become de- linquent and be payable in instalments, as in case of taxes levied upon abutting- real estate as hereinafter provided, but such application shall be taken and deemed a waiver of any and all objections to such taxes and the validity there- of. Such application shall be made at or before the final levy of such taxes. The provision of this chapter in regard to the levy, collection, and enforcement of special taxes to pay the costs of paving, repaving, macadamizing, or repairing between the rails of street railways shall apply to such spe- cial taxes hereafter levied. 271. Water, gas, and sewer coiinection. The council shall have power, in any paving district, and it shall be its duty before the work of paving or repaving is done therein, to require water, gas, and sewer connections to be made under such regulations and at such distances from the street mains to the line of the property abutting upon the street ordered paved or repaved as may be prescribed by or- dinance, and shall require that such waterpipe connections may be made by any waterworks company owning the waterpipe main, and that such gaspipe connections may be made by any gaspipe company owning the gaspipe main. And upon neglect or failure of the water or gas companies to do the same, the city council or board of public works may cause the same to be done, and the cost thereof shall be deducted from any indebtedness of the city to such com- panies, and no bills shall be paid to the said companies by the city until all such expense for pipe laying shall have been liquidated. The council shall have power, at any time, to assess the cost of any sewer connections and also of any water connections when the city owns the water and waterpipe main upon the property opposite such connec- tions, and to such depth as the council shall deem just and equitable. 272. Limit of bonded indebtedness. Nothing in this chapter shall be construed or held to authorize any city 50 Statutory Provisions.* to issue bonds of the city, either as district bonds, for pav- ing the streets, or for paving said street intersections, or spaces opposite alleys in said city, or for any purpose what- ever to any amount beyond that fixed as the limit of the bonded indebtedness of said city by law. 273. Notice of intention to tax. In all cases before the levy of any taxes for any improvements provided for in this chapter the city council shall give notice of intention to levy such taxes, naming the purposes for which the taxes are to be levied, which notice shall be published at least twenty days in a newspaper published within such city. Such notice shall describe the improvements, so proposed, the boundaries of the district to be affected or ben- efited by such improvements, the estimated cost of such improvements, and designate a time when the council will consider the proposed levy. If at or before the time so fixed, written objections to such improvements signed by the owners of one-half of the front feet abutting upon that portion of the street, lane, avenue, or alley to be so improved be not filed with the recorder, the council shall be deemed to have acquired jurisdiction to order the mak- ing of such improvements. 274. Tax to be equitable. How levied. All spe- cial taxes to cover the cost of any public improvement here- in authorized shall be levied and assessed on all blocks, lots, parts of blocks and lots, lands, and real estate bounding, abutting, or adjacent to such improvement or within the districts created for the purpose of making such improve- ment, to the extent of the benefits to such lots, parts of lots, lands, and real estate by reason of such improvement; such benefits to be equal and uniform. Such assessments may be according to the square foot or foot frontage, and may be prorated and scaled back from the line of such im- provement and an allowance made for corner lots so 'that they shall not be assessed at full rate on both streets, ac- cording to such rules as the council shall consider fair and equitable; and all such assessment and finding of benefits Relative to Cities and Towns. 51 shall not be subject to review in any leg'al or equitable action, except for fraud, gross injustice, or mistake; provi- ded^ that when any public improvement shall extend into or through any undivided tract or parcel, or parcels, of land, said taxes shall be levied so as not to be charged against real estate adjoining such improvement for a greater depth than the average distance through the subdivided real estate to be taxed for said purpose. 275. Description in levy. It shall be sufficient, in any case, in making a levy or assessment of any tax, to de- scribe the lot or piece of ground as the same is platted and recorded, although the same may belong to several persons; but in case any lot or piece of ground belongs to different persons, the owner of any part thereof may pay his propor- tion of the tax on such lot or piece of ground, and his pro- per share may be determined by the city treasurer. 276. Total cost in one levy. The cost and expense of grading, filling, culverting, curbing, guttering, or other- wise improving, constructing, or repairing streets, avenues, alleys,and sidewalks at their intersections, may be included in the special tax levied for the construction or improvement of any one street, avenue, alley, or sidewalk, as may be deemed best by the 'council. 277. When levied. Special taxes may be levied as the improvements are completed in front of, or along, or upon any block, or lot or part thereof, or piece of ground, or at the time the improvement is entirely completed, or otherwise, as shall be provided in the ordinance levying the tax. 278. Notice of delinquency. When any special tax is levied it shall be the duty of the city recorder to deliver to the city treasurer a certified copy of the ordinance levying such tax, and such treasurer shall without delay give at least five days’ notice in one or more newspapers having general circulation in said city, of the time when such tax will become delinquent. 52 Statutory Provisions. 279. Special tax for other purposes. Special or local taxes may be levied by the council for the purpose of constructing-, reconstructing-, extending-, or maintaining- waterworks, reservoirs, canals, and ditches, laying- pipes and mains, erecting- hydrants, and keeping- the same in re^ pair; for the purpose of supplying water for domestic and irrigating purposes, or either, and for the purpose of regu- lating, controlling and distributing the same, and for the purpose of regulating and controlling water and water courses leading into the city; for construct- ing and maintaining gas, electric, or other plants for illu- mination, and the necessary means and cost of distribution; and for constructing, extending, and repairing sewers and drains; such taxes to be levied on the real estate lying and being within the district in which such improvements may be made, or for the benefit of which such taxes are to be expended, to the extent of the benefits to such property, by reason of such improvement or expenditure, the benefits to such property to be determined by the council; provided^ that in cases where the council shall find such benefits to be equal and uniform, such levy may be according to the front feet or square feet of lots or real estate within said district benefited by such improvement or expenditure, and all taxes or assessments made for such purposes, shall be col- lected in the same manner as other special assessments, and shall be subject to the same penalty; provided^ that a tax levied for supplying water for irrigation and for distribut- ing and regulating the same, may be levied on real estate according to the amount of water used thereon, or may be levied as an acreage tax. 280 . Repairs. The foregoing provisions of this chap- ter shall apply to the repaving of streets and sidewalks, but not to repairs thereon. The council shall, by ordinance, define what constitutes repaving, what repairs, and what extraordinary repairs. The cost of ordinary repairs shall be borne by the city; and the council may levy and collect special taxes upon the abutting property for the purpose of Relative to Cities and Towns, 53 defraying^ the cost of repairs defined to be extraordinary without previous notice of . intention, or any right of the property owners to protest. The right of protest shall not exist in cases where, for any reason, any part of a street or sidewalk lying within a paving district or any extension thereof, shall not have been paved when the remainder of such district or extension was paved, and the council shall afterward levy a tax upon the abutting property for the pavement of the same. 281. Special assessments a lien. Special assess- ments made and levied to defray the cost and expenses of any work contemplated by the provisions of this chapter and the cost of collection thereof, shall constitute a lien upon and against the property upon which such assessment is made and levied, from and after the date thereof, and such as- sessments shall be collected in the manner prescribed by ordinance. 282. Change of grade. Damages. Whenever by the grading of any street, alley, or other public ground in a city, pursuant to the action of the city authorities in changing the established grade of such street, alley, or public ground, after valuable improvements have been made upon real property abutting theron, such real property is injured or diminished in value, the owner of such real pro- perty or improvements may recover from such city the amount of such damages or diminution in value in a civil action brought for that purpose. This section shall be held to cover and apply to all cases wherein a change of estab- lished grades of streets, alleys, or public grounds may have been heretofore determined upon, but has not been carried into actual effect. EXTENSION OF CORPORATE LIMITS. 287. Petition. Proceedings. Whenever a majority of the owners of real property of any territory lying contig- uous to the corporate limits of any city shall desire 54 Statutory Provisions. to annex such territory to any city, they shall cause an ac- curate plat or map of the said territory to be made under the supervision of the city engineer, or of a competent sur- veyor, and a copy of said plat or map, certified by said en- gineer or surveyor, as the case may be, shall be filed in the office of the recorder of the city, together with a petition in writing, signed by a majority of the real property owners of the property described in said plat; and the city council, at the next regular meeting thereof, shall vote upon the question of such annexation. If two-thirds of all the mem- bers of the council vote for such annexation, an ordinance shall be prepared and passed, declaring the annexation of said territory and the extension of the limits of said city ac- cordingly. A copy of the map or plat hereinbefore referred to, duly certified and acknowledged as provided by law in such cases, shall at once be filed in the office of the recorder of the proper county together with a certified copy of the or- dinance declaring such annexation, and thereupon such an- nexation shall be dee>med complete, and the said territory shall be deemed and held to be a part of said original city, and the inhabitants thereof shall thereafter enjoy the pri- vileges and benefits of such annexation and be subject to the ordinances and regulations of said city. ; RESTRICTION OF CORPORATE LIMITS. 288. Petition. Proceedings. Whenever a majority of the real property owners of any territory within and ly- ing upon the borders of any city, shall file with the clerk of the district court of the county in which such territory lies, a petition praying that such territory be disconnected therefrom, and such petition sets forth reasons . why such territory should be so disconnected from such city, and is accompanied with a map or plat of the territory sought to be disconnected, and designates no more than five per- sons who are empowered to act for said petitioners in such proceedings, such court shall cause a notice of the filing of the same to be served upon said city, in the same manner Relative to Cities and Towns. 55 as a summons in a civil action, and shall also cause notice to be published in some newspaper having- g-eneral circula- tion in such city, for a period of ten days. Issue shall be joined and the cause tried as provided for the trial of civil causes, as nearly as may be. The proper authorities of such city or any person interested in the subject matter of said petition, may appear and contest the g-ranting- of the same. 289. Adjustment of terms. If the court finds that the petition was sig-ned by a majority of the real property owners of the territory concerned, and that the alleg-ations of the petition are true, and that justice and equity require that such territory or any part thereof should be discon- nected from such city, it shall appoint three disinterested persons as commissioners, to adjust the terms upon which such part shall be so severed as to any liabilities of such city that have accrued during- the connection of such part with the corporation, and as to the mutual property rig-hts of the city and the territory to be detached. 290. Report of commisioiiers. Decree. The commissioners shall, at a time by them fixed, hear the ag-ents named in the petition, and also the proper author- ities of the city in reg-ard to the subject matter so submit- ted, and, as soon as practicable, report their finding-s in the premises to the court. Upon the filing- of which report, the court shall decree in accordance therewith, and with the prayer of the petition, unless for g-ood cause shown, the court shall modify the same, or shall reject or set aside the report and appoint new commissioners, and continue the cause for further action to be had thereon. 291. Court may levy taxes. The court shall have power to order such taxes levied from time to time on the property included within the detached territory, as may be requisite for the purpose of paying its just proportion of the municipal oblig-ations; the board of county commissioners shall levy such taxes under the direction of the court, and the same shall be collected by the county treasurer as other taxes. 56 Statutory Provisions. 292. Recording decree. Costs. Upon the entering of a decree detaching said territory, or any part thereof, the clerk shall file a certified copy of the same and of the plat, in the office of the recorder of the county and in the office of the secretar}^ of state; and when so filed, the severance shall be complete. Each party shall pay its own witnesses, and the petitioners shall pay all other costs. BONDING FOR WATER, LIGHT, OR SEWERS. 308. City or town may incur indebtedness for supplying water, etc. Any city or town in this state is hereby authorized to incur an indebtedness not exceed- ing four per cent of the value of the taxable property there- in, for the purpose of supplying such city or town with water, artificial light, or sewers, when the works for sup- plying such water, light, and sewers shall be owned and controlled by the municipality, when the proposition to cre- ate such debt shall have been submitted to a vote of such qualified electors as shall have paid a property tax in the year preceding such election and a majority of those voting thereon shall have voted in favor of incurring such debt. Authorized indebtedness for water, light, etc.. Con. art. 14, sec. 4. 309. Proposition to be submitted to voters. Notice. When the city council of any city or the board of trustees of any town shall have decided to submit the ques- tion of incurring a bonded indebtedness, it shall, by order, specify the particular purpose for which the indebtedness is to be created and the amount of bonds which it is proposed to issue, and shall further provide for submitting the ques- tion of the issue of such bonds to the qualified electors of the city or town at the next general election, or at a special election to be called for that purpose by the council or the board, as the case may be. If the question is submitted at a special election, it shall be held, except as herein other- wise provided, as nearly as possible in conformity with the general election laws of the state. Notice shall be given of such election by publication in some newspaper or newspa- pers published in the city or town for four weeks prior Relative to Cities and Towns. 57 thereto; or if there be no newspaper, then by posting- no- tices. The council or the board, as the case may be, shall cause ballots to be printed and furnished to the qualified electors, which shall read: “For the issue of bonds.” “Yes.” “No.” If a majority of the qualified electors vot- ing- thereon shall have voted in favor of incurring- such in- debtedness, the board may proceed to issue the amount of bonds specified. 310. Bonds, how issued and disposed of. Tax. The city council or the board of trustees, as the case may be, shall provide by ordinance for the issuance and dis- posal of such bonds; provided^ that no such bonds shall be sold for less than their face value. The city council or the board of trustees, as the case may be, shall annually levy a sufficient tax to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty years from the time of contracting- the same. REPEALS. 311. Repeal of special charters. Effect. The special charters of all cities and towns in this state, and all amendments thereto, are hereby repealed; but all of said cities and towns are perpetuated as such respectively under their present names and boundaries and subject to the pro- visions of this title. The officers of such cities and towns now in office, shall continue in their respective offices until the election and qualification of the officers herein provided for; and shall perform such duties as may be imposed by law and such other duties conformable with this title, as may be prescribed by ordinance. All rights and property of every kind and description now vested in any municipal corporation under its present organization shall be deemed and held to be vested in the same municipal corporation upon its becoming subject to the provisions of this title; but no rights or liabilities either in favor of or against such corporation now existing, and no action or prosecution of 58 Statutory Provisions. any kind, shall be affected by such chang-e, but the same shall stand and progress as if no chang-e had been made. The ordinances and resolutions now in force in- any city or town shall continue in full force and effect until repealed or amended, notwithstanding the change herein provided for, so far as such ordinances and resolutions are not in conflict with the provisions of this title. CLAIMS FOR DAMAGES. 312. Presentation, time for. Action. All claims against a city or town for damages or injury alleged to have arisen from the defective, unsafe, dangerous, or ob- structed condition of any street, alley, crosswalk, sidewalk, culvert, or bridge of such city or town or from the negli- gence of the city or town authorities in respect to any such street, alley, crosswalk, sidewalk, culvert, or bridge, shall within ninety days after the happening of such injury or damage, be presented to the city council of such city or board of trustees of such town in writing, signed by the claimant or some authorized person, and properly verified, describing the time, place, cause, and extent of the dam- age or injury; and no action shall be maintained against any city or town as aforesaid for injuries to person or prop- erty, unless it appears that the claim for which the action was brought was presented to the council as aforesaid, and that the council or board did not within ninety days there- after, audit and allow the same. 313. Claims barred if not presented. It shall be a sufficient bar and answer to any action or proceeding against a city or town in any court, for the collection of any such claim or demand, either for injury to property or per- son, that it had not been presented to the council of such city or the board of trustees of such town, in the manner herein prescribed, for audit and allowance, within said nine- ty days as aforesaid. Relative to Cities and Towns. 59 justices’ courts. 687. Place of residence and of holding coui’t. Every justice of the peace shall reside in and shall hold a justice’s court in the precinct or city for which he is elect- ed ; that where more than one precinct is em- braced within the limits of any incoporated city or town, the justice of the peace of such precincts may hold court at an\ place within their respective cities or towns. 688. Civil jurisdiction. The justices’ courts shall have civil jurisdiction within their respective precincts or cities: 1. In actions arising- on contract for the recovery of money only, if the sum claimed is less than three hundred dollars. 2. In actions for damag-es for injury* to the person, or for taking- or detaining- personal property, or for an injury to real property where no issue is raised by the answer in- volving- the plaintiff’s title to or possession of the same, if the damag-es claimed be less than three hundred dollars. 3. In actions for a fine, penalty, or forfeiture, less than three hundred dollars, g-iven by statute or by the ordinances of an incorporated city, where no issue is raised by the ans- wer involving- the leg-ality of any tax, impost, assessment, toll, or municipal fine. 4. In actions upon bonds and undertakings conditioned for the payment of money, if the sum claimed is less than three hundred dollars, though the penalty may exceed that sum. When the payments are to be made by installments, an action may be brought for each installment as it becomes due. 5. In actions to recover the possession of personal prop- erty, when the value of such property is less than three hundred dollars. 6. To take and enter judgment on the confession of a defendant, when the amount confessed is less than three hundred dollars. 60 Statutory Provisions. 689. Concurrent jurisdiction. The justices’ courts shall have concurrent jurisdiction with the district courts within their respective precincts and cities: 1. In actions of forcible entry, forcible detainer, or un- lawful detainer, where the whole amount of the rent and damag-es claimed is less than three hundred dollars. 2. In actions to enforce and foreclose liens on personal property, where the amount of the liens and the value of the property are each less than three hundred dollars. 690. Process to any part of county. Mesne and final process of justices’ courts may be issued to any part of the county in which they are held. 691. Criminal jurisdiction. Justices’ courts have jurisdiction of the following- public offenses committed with- in the respective counties in which such courts are estab- lished: 1. Petit larceny. 2. Assault or battery not charg-ed to have been commit- ted upon a public officer in the discharg-e of his duties, or to have been committed with such intent as to render the act a felony. 3. Breaches of the peace, committing- a wilful injury to property, and all misdemeanors punishable by a fine less than three hundred dollars, or by imprisonment in the county jail or city prison not exceeding- six months, or by both such fine and imprisonment. ELECTION— REGISTRATION. 816 . New registration in presidential year. Procedure at other elections. An entirely new regis- tration of voters shall be made in each year of the presi- dential election, and every person desiring registration must appear in person and make application therefor. For all other general, and for municipal elections, the “official register” of the next preceding election shall be revised by adding thereto the names of all persons registered on the proper days therefor prior to such general or municipal Relative to Cities and Towns. 61 election. For all such general and municipal elections held prior to the presidential election in November, nineteen hundred, the general registration made in the year eighteen hundred and ninety-six shall be taken as a basis for revis- ion. For all special and school elections there shall be no special registration of voters, but the “official register” last made or revised shall constitute the “official register” for such special or school election. 817. Municipal elections, registration for. Ex- pense. It shall be the duty of the registry agents, ap- pointed as herein provided for the election districts within the several incorporated cities and towns, at an^^ time when called upon to do so at their respective offices and not else- where, between the hours of eight o’clock a. m. and nine o’clock p. m. of the first and third Tuesdays prior to the municipal or town election, to receive and register the names of all persons appl 3 nng for registration who are legally qualified and entitled to vote at such election, or who will legally have acquired a residence (being otherwise qualified) and who have a right to vote at such ensuing election according to the provisions of law under which such election may be held in each election district. The expense of such registration shall be paid by the city or town for which the same is made. All reg-istr3" agents to be appointed bj' county commissioners, S 819. Code. 818. Official register to special election. Before the day on which any special election is appointed to be held, the registry agent must furnish one of the judges in his election district, at a time not later than one dsLj next preceding the day the election is to be held, a copy of the official register for his district, but no copies need be posted. 821. Person must register to vote. No person shall hereafter be permitted to vote at any general, special, municipal, or school election, without having first been registered within the time and in the manner and form re- quired by the provisions of this chapter. 62 Statutory Provisions. MUNICIPAL ELECTIONS. 887. Date of municipal elections. Term of of- fice begins when. On the Tuesday next following the first Monday in November, eighteen hundred and ninety- seven, and biennially thereafter, there shall be held in each incorporated city and town of this state, an election to fill all elective offices in said cities and towns; and the officers then elected shall qualify and enter upon their duties at twelve o’clock meridian on the first Monday in January next succeeding their election, and continue in office for two years and until their successors are elected and qualified. The term of office of all the present elective officers shall expire at twelve o’clock meridian on the first Monday in January, eighteen hundred and ninety-eight. 888. Appointive officers hold till successors qualify. All appointive officers in said cities and towns shall hold their respective offices until their successors shall be appointed and qualified. 889. Qualifications for voters at municipal election. All qualified electors of the state who have re- sided in the county four months, and in the precinct and city or town for sixty days next preceding any municipal election are entitled to vote at such election. 890. Appointment of judges of election. Vot- ing places. Laws governing election. In all mu- nicipal elections the city council and board of trustees of the town shall appoint judges of election and designate the places of voting. There must be at least one voting place in each election district in cities. All elections must be conducted according to the general laws of the state, and all notices and lists of names required to be posted by reg- istry agents prior to any general election shall also be posted by the registry agents prior to any municipal elec- tion, the necessary changes being made as to time of post- ing same. Election expenses to be paid by cities and towns, 8S 841-S42. Relative to Cities and Towns. 63 891. Canvass of returns and issue of certificates. Tie votes. On the Monday following- any election, the city council or the board of trustees of the town must con- vene and publicly canvass the result, and issue certificates of election to each person elected by a plurality of votes. When two or more persons have received an equal and highest number of votes for any one of the offices voted for, the tie shall be decided by lot in the presence of the mayor and city recorder, or the president of the board of trustees and the town clerk, as the case may be, upon a day desig- nated by the mayor or by the president of the board of trustees. 1015. Officers to keep account of fees. Pay- ment into treasury. All state, district, county, city, town, and school officers, excepting notary public, boards of arbitration, justices of the peace, and constables, shall keep a correct account of all fees collected by them, and shall pay the same into the proper treasury, and the officer whose duty it is to collect such fees shall be held responsible un- der his bond for the same. 1023. All officers must keep fee books. It shall be the duty of every officer in this title -named, who is auth- orized to receive any fees for official services of himself or deputies, to keep a fee book, in which he shall enter an ex- act and full account, in detail, of all fees, commissions, or compensations, of whatever nature or kind, by him or his deputies earned, collected, or chargeable, with date, the name of the payer, and the nature of the service in each case. If any person shall hold more than one office, he may keep a separate fee book for each office, and may make separate statements for each, or he may keep a joint fee book and make joint statements, at his discretion. 1024. All officers to post fee bill. It shall be the duty of every officer herein specified, to prepare and keep posted in a conspicuous place in his office, a plain and legi- ble statement of the fees allowed by law, upon pain of for- feiting, for failure to do so, fifty dollars, to be recovered, 64 Statutory Provisions. with costs, b}" any person, before any justice of the peace of the county. 1025. Publication by officer, prepayment of cost. When, by law, any publication is required to be made by an officer, of any suit, process, notice, order or other ])aper, the cost of the same must be tendered by the party for whom such order of publication was granted be- fore the officer shall be compelled to make such publication. 1026 . Receipt for fees paid. Every officer, upon re- ceiving any fees for official duties or services, may be re- quired by the person paying the same to make out in writ- ing and deliver to such person an itemized account of such fees, and shall receipt the same; and if he refuses or neg- lects to do so when required, he shall be liable to the party paying the same for three times the amount so paid. 1027. Not keeping fee book, etc. Penalties. If any officer shall refuse or wilfully neglect to keep a fee book, or to file a sworn statement, or to make returns, as herein required, he shall be deemed guilty of a misdemean- or. 1029. Id. Other penalties. Any public officer who shall charge and receive for any service rendered by him any other or greater amount than is prescribed by law for such service shall be deemed guilty of a misdemeanor, and shall forfeit to the person aggrieved the amount thereof and twenty-five dollars as damages, and shall pay costs of suit. 1030. False certification as to fees a felony. Every clerk of the district court, county attorney, justice of the peace, or other officer who shall certify as a fact any matter which he knows to be untrue, whereby any witness or juror shall be allowed a greater sum than he would other- wise be entitled to under the provisions of this title, shall be deemed guilty of a felony. Relative to Cities and Towns. 65 1031. Officers forbidden to purchase certifi- cates. No person connected officially with any of the dis- trict courts of this state, and no state, district, county, or precinct officer, shall purchase, or cause to be purchased any certificate issued to any juror or witness under the pro- visions of this title. Any person violating- the provisions of this section shall be deemed g-uilty of a misdemeanor. 1033. Allowing suit without fees. Penalty. Every justice of the peace who files in his office any com- plaint, or allows a civil action to be commenced in his court, without the fees being- paid therefor in advance, except in cases permitted by the statutes, is g-uilty of a misdemeanor. LOCAL BOARDS. 1105. Municipal boards. It shall be the duty of the board of trustees or city council of every incorporated town or city of the state, to establish by ordinance a board of health for such town or city, to consist of three or more per- sons, one of whom, when practicable, shall be a physician, a g-raduate of a reg-ularly chartered medical colleg-e, who shall be the executive officer of the board and be known as the health officer. 1107. Duties and powers. Every local board of health, 'whether county or municipal, shall supervise all matters pertaining- to the sanitary condition of its county, town, or city, and shall have power and authority to order nuisances or the cause of any special disease or mortalit}^ to be abated and removed. 1108. Reports to state board. Every local board of health or health officer shall report to the secretary of the state board of health at such time as the state board may require, the sanitary condition of the locality, the number of births and deaths, and the causes of death as near as can be ascertained within their jurisdiction, during- the preced- ing- month; also the presence of epidemic or other dang-er- ous, contag-ious, or infectious diseases, and such other mat- ters within their knowledg-e or jurisdiction as the state board of health shall require. 66 Statutory Provisions. 1109. Sanitary rules and ordinances. It shall be the duty of the board of trustees of every incorporated town, and of the city council of every incorporated cit}% and of the board of county commissioners of each county in the state, to establish by ordinance such sanitary rules and regula- tions as may be necessary to promote the general health, and to prevent the outbreak or spread of infectious or con- tagious diseases; and to provide penalties for the infraction of any of such ordinances. 1110. Qnarantine. Any local board of health may de- clare quarantine in its county, city, or town, or any part thereof, against a contagious or infectious disease prevail- ing there or elsewhere, and against all persons and things likely to spread contagion and infection. Each of such boards shall have power and authority to enforce such quar- antine until the same is raised by it, and may confine any person affected with or likely to spread contagion or infec- tion to the house or premises in which he resides, or to a place to be provided by the board for the purpose. INTOXICATING LIQUORS. 1242. License necessary. No person shall manufac- ture, sell, barter, deabout, or otherwise dispose of any spir- ituous, vinous, malt, or other intoxicating liquors, without first obtaining from the board of county commissioners of the county, or city council of the city, or board of trustees of the town in which he intends to do business, a license therefor, as hereinafter provided. 1243. Id. Who may grant. Petition. Bond. The boards of county commissioners in their respective counties, and the city councils in their respective cities, and the board of trustees in their respective towns, are hereby authorized to grant licenses, as contemplated in section twelve hundred and forty-two, to any person over the age of twenty-one years, upon an application being made for such license, by petition signed by the applicant and filed with the county clerk, city recorder, or town clerk, as the case Relative to Cities and Towns. 67 may be. Said petition must state definitely the particular place at which am^ of the liquors named in section twelve hundred and forty-two are intended to be manufactured, sold, bartered, dealt out, or otherwise disposed of, and whether the applicant intends to carry on a retail or whole- sale business. Before a license is granted to the applicant he shall execute a bond to the county, city, or town, as the case may be, conditioned that during the continuance of his license he will keep an orderly and well-regulated house; that he will not allow gambling with cards, dice, or any other device or implements used in gambling, within his house, out- house, yard, or other premises under his control; that he will pay all damages, fines, and forfeitures which may be adjudged against him under any of the provisions of this title. Said bond shall be fixed by the board of county com- missioners, city council, or board of trustees of the town, as the case may be, in any sum not less than five hundred dollars, nor mpre than one thousand dollars, with two or more sureties, to be approved by said board, by the mayor of the city, or president of the board of trustees of the town, as the case may be. Said sureties must justify on oath, be- fore some officer authorized to administer oaths, that they are residents within the county, city, or town, as the case may be, and worth the amount justified to, over and above all other debts and liabilities, exclusive of property exempt from execution. Such justifications shall be in writing, signed by the persons justifying, and certified to by the offi- cer who administers the oath, and attached to and filed with the bond. 1244. Id. Rate. Time. The board of county com- missioners, the city council, or the board of trustees of the town, as the case may be, after the petition, statement, and bond have been filed as required in the preceding section, shall determine the amount to be paid for the license prayed for, which shall be at a rate of not less than four hundred dollars, for the period of one year; but licenses of the same classes of business shall be uniform in amount in ivc 68 Statutory Provisions. town, city, or county. Said board or council, as the case may be, shall also determine the time for which the license shall be granted, but no license shall be issued for a longer period than one year, nor for a less period than three months. 1245. Id. Refusal for good cause. Proximity to schools, etc. Any application for such license may be refused for good cause, in the descretion of the board of trustees of the town, the city council of the city, or board of county commissioners, and no such license shall be granted to any establishment except a hotel, located within three hundred feet of any public school building used for that purpose, or within fifty feet of any theatre, variety theatre, or concert hall, or any like place of amusement; frovided^ that the commissioners of any county shall not grant a license for the sale of intoxicating liquors within a half a mile of the boundaries of any incorporated city or town for a less amount than is provided by ordinance of any such city or town. 1247. Revocation. Notice. The board of county commissioners, city council, or the board of trustees, for good cause and upon not less than three days’ notice to the licensee of the time and place at which the proposed revoca- tion will be considered, may revoke a license granted to the keeper of any saloon, tippling house, or dram shop, or for the selling or giving away of any intoxicating drink or malt liquors within the county, city, or town, as the case may be. Defendant issued plaintiff a liquor license, and the latter paid for three months: within a month after issuance, defendant revoked the license without preferring" charges, upon informal notice of the hearing, but without citing him to show cause; held, that the rovocation without giving plaintiff an opportunity to be heard was void. Pehrson v. City Council, 14 U 147; 46 P. 657. 1248. Payment for license. Form. The amount to be paid for a license as determined by the board of coun- ty commissioners, or city council, or the board of trustees, must be paid into the county, city, or town treasury, as the case may be, by the applicant, who, upon receiving the REI.ATIVE TO Cities and Towns. 69 treasurer’s receipt, shall present the same to the county clerk, the town clerk, or the city recorder, as the case may be. The county clerk, or town clerk, or city recorder shall thereupon issue to the applicant a certificate of license, which certificate must state the name of the person licensed; the place of business; the kind or kinds of liquors to be manufactured, sold, bartered, or otherwise disposed of; the date of commencement and of expiration of such license; whether it is for a retail or wholesale business; that the per- son named therein is duly authorized to carry on the busi- ness of manufacturing-, selling-, bartering-, or otherwise dis- posing- of intoxicating- liquors at the place and for the time therein specified; and that the license is not transferable. Said certificate shall be signed by the county clerk, town clerk, or city recorder, as the case may be, who shall seal the same with his official seal. PUBLIC LIBRARIES. 1369. Ill cities of the third class and towns. Tax. When fifty legal voters of any city of the third class or of any town, shall present a petition to the recorder or clerk of such city or town, asking that an annual tax be levied for the establishment and maintenance of a free pub- lic library in such city or town, and shall specify, in their petition, a rate of taxation not to exceed one mill on the dol- lar, such recorder or clerk shall, in the next legal notice of a regular biennial election in such city or town, give notice that at such election every elector who shall have paid a property tax therein in the year next preceding such elec- tion, may vote “for a mill tax for a free public lib- rary, yes— no,” specifying in such notice the rate of taxa- tion mentioned in said petition; and if the majority of all the votes cast in such city or town, shall be “for the tax for the free public library,” the tax specified in such notice shall cease in case the legal voters of any such city or town shall so determine by a majority vote, at any biennial election held therein; and the corporate authorities of such cities of the third class, and of towns, may exercise the same powers 70 Statutory Provisions. conferred upon the coporate authorities of cities of the first and of the second class under this chapter. 1370. Id. Directors. Terms. Powers. At the same election that anj city of the third class or any town shall vote on the proposition to levy a tax and to establish a free public library, there may be elected a library board of six directors, one-third for two years, one-third for four years, one-third for six years; and biennially thereafter there shall be elected two directors, who shall hold office for two years, and until their successors are elected and quali- fied; which board shall have the same powers as are by this chapter conferred upon the board of directors of free public libraries in cities of the first and of the second class, and said directors shall receive no compensation. 1371. Voting for tax and directors. When the question of a tax for a library fund shall be submitted as provided in section thirteen hundred and sixty-nine, ballots shall be prepared containing- only the words, “for a — mill tax for a free public library, yes — no,” and the names of the voters chosen for directors of such free public library; and a special ballot box shall be provided for the reception of such ballots. . . - i CITY AND TOWN TAXES. 2687. Assessment made by county assessor. Assessments for the taxes of each incorporated city and town in this state shall be made by the county assessor of the county in which such incorporated city or town is situ- ated, at the same time that assessments for state and county taxes are made, and the list of the property in each incorpo- rated city and town in his county, and the valuation there- of shall be so made by the county assessor that the property in each and the valuation thereof can be separately shown. 2688. Assessor’s statement. Copy of assessment rolls, when furnished. On or before the first Monday of June in each year the county assessor of each county in Relative to Cities and Towns. 71 which there is situated auy incorporated city or town, shall deliver to the clerk or recorder of each city and to the clerk or president of the board of trustees of each town, a state- ment showing- the ag-greg-ate valuation of all the taxable property in such city or town; and shall deliver to the re- corder of each city of the third class and to the clerk of each town a copy of that part of the assessment roll containing the assessment of property in each such city or town, re- spectively, which shall be used as the basis for general mu- nicipal taxes therein until the next county assessment is made. 2689. Rate, when fixed. Levy. Certification. The city council of each city and the board ot trustees of each town shall, on or before the first Monday of July in each year, determine the rate of the general city or town tax, levy the same, and in the cases of cities of the first and of the second class shall certify the rate and levy to the county auditor of the- county in which such city is situate. 2690. Equalization of taxes. ***** city councils of cities of the third class and boards of trustees of towns shall meet as boards for the equalization of the assessment of property within their respective cities or towns, so far as concerns their general municipal taxes, on the first Monday in June of each year, and shall continue in session for such purpose until such time, not later than June twentieth, as may be necessary. Said board may re- mit the city or town taxes of any insane, idiotic, infirm, or indigent person to an amount not exceeding five dollars for the current year. The state supreme court, May term, 1898, in case of Morp-an Richards, Jr., state auditor, vs. Francis Armstrong-, et al., commissioners of Salt Lake county; held that remitting-, or abating, taxes is an exemption, and that section 2579 R. S. (simi- lar language to the above section) is unconstitutional and void. 2692. County officers liable on bonds. County officers intrusted with the assessment, collection, or custody of city or school district taxes, and their sureties, shall be liable upon their official bonds for the faithful performance 72 Statutory Provisions. of their duties in the assessment, collection, and safe keep- ing- of said city and school district taxes. 2693. (Treasurer to collect taxes. 'I * * * The g-eneral taxes of each city of the third class shall be collected by the city treasurer, and those of each town, by the clerk, or such other officer as may be desig-nated by ordinance. 2694. Municipal taxes due and delinquent, when. Lien attaches. All g-eneral city or town taxes levied and assessed under the provisions of this chapter, shall become due and delinquent, and shall attach to and become a lien on the real and personal property assessed, at the same time as state and county taxes; and all the pro- visions of this title in aid of assessing- and collecting- state and county taxes are hereby made applicable to the assess- ment and collection of such city and town taxes. 2696. Special taxes. In cities and towns, special taxes shall be levied and collected in the manner and form, and by such officers as are now or may hereafter be pro- vided by law and the ordinances of such city or town. POLICE AND THEIR ATTENDANCE. 4539. Police governed by special statutes. The org-anization and reg-ulation of the police, in the cities, towns, and counties of the state, are g-overned by special statutes. 4540. Ordering police to preserve peace at pub- lic meeting. The mayor or other officer having the di- rection of the police of a city, town, or county must order a sufficient force to preserve the peace, to attend any public meeting, when he is satisfied that a breach of peace is reasonably apprehended. Relative to Cities and Towns. 73 justices’ courts. — COMPLAINT, WARRANT, PLEA, AND CHANGE OF VENUE. 5124. Jurisdiction extends to county limits. In criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties. 5125. Requisites of complaint. Proceedings and actions before a justice’s court for a public offense must be commenced by complaint under oath, setting forth the of- fence charged, with such particulars of time, place, person, and property as to enable the defendant to understand dis- tinctly the character of the offense complained of, and to answer the complaint. 5126. Warrant of arrest. Form. If the justice of the peace is satisfied that the offense complained of has been committed, he must issue a warrant of arrest, which must be substantially in the following form: State of utah, } County of . \ The state of Utah to any sheriff, constable, marshal, or policeman in this state: Complaint upon oath having been made this day before me “, justice of the peace, by C D that the offense of (designating it generally ) has been committed, and accus- ing E F thereof; you are therefore commanded to arrest the above named E P and bring him before me forthwith at (naming the place). Witness my hand at“- — this — ; day of— — - — A. D, 18—. A B, Justice of the peace. 5127. Justice to keep docket. Entries. A docket must be kept by the justice of the peace, in which must be entered each action, and the proceedings of the court there- in. 5128. Trial. Complaint to be read. Plea. Be- fore trial commences, the complaint must be distinctly read to the defendant, and he must be asked if he is designated therein by his right name, and be required to plead. 74 Statutoky Provisions. 5129. Name ofdefeiidaiit. Four kinds of pleas. If the defendant objects that he is wrong-ly named in the complaint and gives his right name, the proceeding shall be amended accordingly. If he does not give his right name, he is thereafter precluded from making any objections on the grounds that he is not designated by his right name. There are four kinds of pleas to a complaint; a plea of — 1. Guilty. 2. Not guilty. 3. A former judment of conviction or acquittal of the of- fense charged, which may be pleaded either with or with- out the plea of not guilty. 4. Once in jeopardy, which may be pleaded with or without the plea of not guilty. 5130. Fleas must be oral. Flea of guilty. Higher olfeiise. Every plea must be oral and entered in the min- utes. If the defendant pleads guilty, the court may, before entering such plea or pronouncing judgment, examine wit- nesses to ascertain the gravity of the offense committed; and if it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any information that may be filed or any indictment that may be found against him. 5131. When trial to begin. Upon a plea other than a plea of guilty, unless a jury is demanded or an adjourn- ment or change of venue is not granted, the court must pro- ceed to try the case. 5132. Change of place of trial. CTrounds. Affi- davit. A change of the place of trial may be had at any time before the trial commences: 1, When the defendant files an affidavit in writing, stat- ing that he has reason to believe, and does believe, that he cannot have a fair and impartial trial of the action before the justice about to try the same, by reason of the bias or prejudice of such justice, the action must be transferred to Relative to Cities and Towns. 75 a justice of the county agreed upon by the parties, or, if there is no agreement, to the nearest justice within the county to which such objection does not apply. 2. When it appears by affidavit that the defendant can- not have a fair and impartial trial, by reason of the preju- dice of the citizens of the precinct or city, the action must be transferred to a justice of a precinct in the same county where the same prejudice does not exist. 5133. Id. But one change allowed. The place of trial shall not be changed more than once. 5134. Procedure when change ortlered. When a change of the place of trial is ordered, the justice must forthwith attach to the original papers a certified copy of his docket entries in the action, and deliver the same to an officer, who must execute the order without delay by taking the defendant, if in custody, before the justice named and delivering to such justice the papers so received. Upon re- ceipt thereof the justice to whom the actioh is transferred must proceed in the same manner as if the proceeding or action had been originally commenced in his court. 5135. Postponemeut of trial for cause. Before the commencement of a trial in a justice’s court either party may, upon good cause shown, have reasonable postpone- ment thereof. 5136. Grounds of demurrer to complaint. The defendant may demur to the complaint when it appears upon the face thereof: 1. That it does not conform to the requirements of sec- tion fifty-one hundred and twenty-five. 2. That the facts stated do not constitute a public of- fense. 3137. Demurrer sustained. New comi)laint or discharge. If the demurrer be sustained a new com- plaint must be filed within such time not exceeding one day as the justice may name; if such new complaint be not filed the defendant must be discharged. 76 Statutoky Pkovisions. FORMATION OF A JURY. 5138. Trial in defendant’s absence forbidden. Exception. The trial must not proceed in the absence of the defendant, unless he voluntarily absents himself with full knowledge that the trial is being had. 5139. Jury waved vinless demanded. A trial by jury shall be deemed to be waved unless a jury is demanded by either party. When defendant not entitled to jury for offen.se against city ordinace, §241, p. 36. 5140. Jurors: summoning, qualifications, chal- lenges. The qualifications of, and manner of summoning jurors to serve in justices’ courts are prescribed under the title of ‘‘Jurors,” title thirty-five of the Revised Statutes. The provisions of chapter thirty-two of the code of criminal procedure, relative to challenging jurors, shall govern, as far as the same shall be applicable. THE TRIAL. 5141. Oath administered to jury. The jury hav- ing been impaneled the court must administer to them the following oath: “You do swear that you will well and truly try this issue between the state of Utah and A B, the defendant, and a true verdict render according to the evi- dence.” 5142. Duty of jury. Public trial, etc. After the jury shall be sworn they must sit together and hear the proofs and allegations of the parties which must be deliv- ered in public and in presence of the defendant. 5143. Court to decide questions of law; cannot charge as to facts. The court must decide all questions of law which may arise in the course of the trial, but can give no charge with respect to matters of fact. 5 J 44 . Jury may decide in court or retire. Oath of officer. After hearing the proofs and allegations, the jury may decide in court or retire for consideration. If Relative to Cities and Towns. 77 they do not immediately agree, an officer must be sworn to the following- effect: “You do swear that you will keep this jury together in some quiet and convenient place, that 3 "ou will not permit any person to speak to them, nor speak to them yourself, unless by order of the court, or to ask them whether they have ag-reed upon a verdict; and that you will return them into court when they shall have so agreed, or when ordered by the court.” 5145. Verdict delivered in public. Entry of. When the jury shall have ag-reed. on their verdict, they must deliver it publicly to the court, who must enter it, or cause it to be entered, upon the minutes. 5146. Verdict as to one or more of defendants. Retrial of others. When several defendants shall be tried tog-ether, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by an- other jury. 5147. Eorin of v^erdict. The verdict of the jury on a plea of not guilty must be to the effect that the jury find the defendant “guilty” or “not guilty,” as the case may be. On any other plea, the verdict, must be “for the state,” or “for the defendant.” 5148. Jury discharged after verdict. Excep- tion. The jury cannot be discharged after the cause is submitted to them, until they have agreed upon and rend- ered their verdict, unless for good cause the court sooner discharges them. 5149. Retrial when jni*>^ fail to agree. If the jury is discharged, as provided in the last section, the court may proceed again to the trial, in the same manner as upon the first trial, and soon until a verdict is rendered. 5150. Sickness of juror. Procedure. If a juror be incapacitated by sickness for attendance through the trial, another juror may be summoned and the trial com- 78 Statutory Provisions. menced over ag-^in, or the jury discharged and a new jur y impaneled. NEW trial and arrest of judgment. 5151. Motion must be made before jiidgnient. At any time before judgment, the defendant may mov^e for a new trial or in arrest of judgment. 5152. Cfrouiids for new trial. A new trial may be granted in the following cases: 1. When the trial has been had in the absence of the de- fendant, unless he voluntarily absented himself with full knowledge that a trial was being had. 2. When the jury shall have received any evidence out of court. 3. When the jury shall have separated without leave of court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case. 4. When the verdict shall have. been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors. 5. When there shall have been error in the decision of the court, given on any question of law during the course of the trial. 6. When the verdict is contrary to law or evidence. 7. When new evidence is discovered material to the de- fendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a mo- tion for a new trial is made upon this ground, the defend- ant must produce at the hearing the affidavits of the wit- nesses by whom such newly discovered evidence is expected to be given. 5153. Oroiiiids for motion in arrest of inent. The motion in arrest of judgment may be founded on any substantial defect in the complaint, and the effect of an arrest of judgment shall be to place the defendant in the situation in which he was before the trial was had. Relative to Cities and Towns. 79 JUDGMENT AND EXECUTION. 5154. Time for proiiounciiig judgment. Post- ponement. After a plea or verdict of “guilty,” or after a verdict against the defendant, the court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rend- ered, unless the defendant waives the postponement, or the judgment is arrested, or a new trial granted. If postponed, the court may hold the defendant to bail to appear for judg- ment. Unless such postponement is demanded, it shall be deemed to be waived. Bo 3" or* g-irl under eighteen may be sent to industrial school, §2142. R. S. 5155. Judgment on plea of guilty. Fine. Im- prisonment at labor. When a defendant pleads guilty or is convicted, the court must render judgment that he be punished by a fine or imprisonment, or by both, with or without costs. A judgment for the payment of a fine, or of a fine and costs, may also direct that the defendant be im- prisoned at hard labor until such fine, or such fine and costs are paid, in the proportion of one day’s imprisonment for every dollar of the fine and costs. 5156. Acquittal. When complaiuaut to pay costs. When the defendant is acquitted, he must be imme- diately discharged. If it appears to the court the prosecu- tion was malicious or without probable cause, it may render a judgment that the complainant pay the costs of the action, which judgment may be enforced in the same manner as a judgment in a civil action; and the complainant shall have the same right of appeal. 5157. Fine without imprisoiimeut. Execution. A judgment which imposes a fine without directing that the defendant be imprisoned until the same is satisfied, ma;y be enforced in the same manner as a judgment in a civil action, and execution shall issue accordingly. 5158. Judgment of imprisonment, how exe- cuted. A judgment of imprisonment must be executed by 80 Statutory Provisions. delivering- the defendant into the custody of the sheriff or other officer in charg-e of the county jail. A copy of the judg-ment, duly certified by the justice, is a sufficient war- rant for the doing- of every act necessary or proper in the due execution thereof. The officer shall, upon discharging- the defendant, return such copy to the justice, with an account of his doings endorsed thereon, and must at the same time pay over to the justice all money which he may have received from the defendant in payment of the fine. 5159. Fines, etc., to be paid into county treas- ury. When a fine is paid, or bail is forfeited, the justice must pay the same to the county treasurer within thirty days thereafter. In cities to city treasurer before last day of each month, Ord. APPEAL. 5160. Appeal must be taken within thirty days. Any defendant in a criminal action tried before a justice of the peace may appeal from the final judgment therein to the district court of the county wlf ere the court of such justice is held, at any time within thirty days from the time of the rendition of the judgment. 5161. Appeal how taken. Notice and nndertak- Ing. The appeal shall be taken by giving notice and by filing an undertaking by or on behalf of the appellant, in at least double the amount of the fine or of the fine and costs, as the case may be, with at least two good and suffi- cient sureties, and conditioned that the appellant will ap- pear at the first term of the court thereafter to which the appeal is taken and answer the charge of which he shall have been convicted, or will ajfpear in whatever court it may be prosecuted, and will at all times hold himself amen- able to the orders and process of such court, and if convicted will appear for judgment and surrender himself in execu- tion thereof; or, if he fails to perform either of these con- ditions, that the sureties will pay to the state of Utah or to- Relative to Cities and Towns. 81 the municipal corporation as the case may be, the sum spe- cified in the undertaking. 5162. Notice of a})peal to be filed and served. Notice of appeal shall be filed with the justice, and a copy thereof shall be served on the county attorney. In cities on cit_v attorney or mayor. Ord. 5163. Justice to transmit papers on appeal. De})Osit. The justice must, within ten days after an ap- peal is perfected, transmit to the clerk of the district court all papers relating to the case and a certified copy of his docket. If money shall have been deposited in lieu of bond, it must accompany the return. 5164. Witnesses may be required to give bonds. When an appeal is taken, the justice must, if application is made by the county attorney, cause all material witnesses on behalf of the prosecution to enter into an undertaking in like manner as in a case where a defendant is held to answer on preliminary examination. 5165. Trial anew in district court. Dissmissal of appeal. An appeal duly perfected transfers the action to the district court for trial anew. The appeal may be dismissed on either of the following grounds: 1. For failure to take the same in time. 2. For failure to appear in the district court when re- quired. 3. For failure to file a sufficient undertaking; provided^ that no appeal shall be dismissed for any insufficiency or informality in the undertaking, if the defendant files a suf- ficient undertaking in pursuance of an order of court. If the appeal is dismissed, a copy of the order of dismissal must be remitted to the justice, who may proceed to enforce the judgment. 5166. Dismissal of comi>laint on appeal. Orouiids. The complaint, on motion of defendant, may be dismissed upon the following grounds: 82 Statutoky Provisions. 1. That the justice did not have jurisdiction of the of- fense. 2. That more than one offense is charg-ed therein. 3. That the facts stated do not constitute a public of- fense. 5167. Defendant to plead anew. Procedure. If the defendant does not object to the complaint for any of the causes above specified, or if his objections are overruled, he must be required to plead as to an indictment or inform- ation, without regard to any plea entered before the just- ice. In other respects, the proceedings shall be the same as in criminal actions originally commenced in the district court, and judgment shall be rendered and carried into effect accordingly. GENERAL PROVISIONS. 5168. Subpoenas: proceedings governing. A just- ice of the peace may issue subpoenas for witnesses or for in- terpreters, and punish disobedience thereof, as provided in chapter forty-seven of this code. The names of all the witnesses desired by both parties may be included in the same subpoena. 5169. Bail: provisions governing. The defend- ant at any time after his arrest and before conviction, may be admitted to bail. The provisions of chapter forty-five of the code of criminal procedure in district courts, relative to bail, shall be applicable to bail in justices’ courts. 5170. Contempt: provisions governing. The pro- visions of the code of civil procedure in justices’ courts, re- lative to contempts, shall be applicable to the criminal procedure in justices’ courts. 5171. Entitling affidavits: provisions governing. The provisions of section five thousand and seventy-nine in respect to entitling affidavits are applicable to justices’ courts. Relative to Cities and Towns. 83 5172. Competency of witnesses: provisions gov- erning. The provisions of chapter forty-six of this code, relative to the competency of witnesses, shall be applicable to the criminal procedure in justices’ courts. 5173. When justice may depute a person to act as constable. A justice of the peace may depute in writing- any suitable and discreet person to act as constable when no constable is at hand, and the nature of the busi- ness requires immediate action. ACTS PASSED BY THE THIRD STATE LEGISLATURE, 1899. AN ACT RELATING TO THE POWERS OF CITY COUNCILS. Be it enacted by the Les;hlature of the State of Utah. Section 1. The city council of any city shall have the power to require the tracks of any steam or street railway company to be taken up and removed, which shall have been laid upon the streets, alleys, or hig-hways'of the city, and which tracks remain in said streets and hig-hways of the city, contrary to the terms of the franchise of the said company, or which is declared by the city council a nui- sance, or which said railway company has failed to operate for a period of nine (9) months prior to the time when such nuisance shall be declared; and shall have the power to declare any of the acts specified in this section a nuisance. Sec. 2. The city council of any city shall have power to require any steam or street railway company to place g-ates at any place along- its tracks, erect viaducts over the tracks, and is hereby authorized to desig-nate the places where such g-ates shall be placed, and the nature, kind and quality of such g-ates. Sec. 3. This act shall take effect upon approval. Relative to Cities and Towns. 83 b. AN ACT PROVIDING FOR THE EXPENSES OF ASSESSING AND COLLECTING TAXES IN CITIES OF THE FIRST, SECOND AND THIRD CLASS, ALSO INCORPORATED TOWNS. Be it enacted by the Legislature of the State of Utah: Section 1. 'That section 2695 of the Revised Statutes of Utah, 1898, be amended to read as follows: Sec. 2695. Each city of the first class shall pay to the county in which it is situated, one-half of one per cent, and each city of the second class shall pay to the county one per cent on the amount of taxes collected, and such payments shall be in full for the services and compensation of the county assessor, county auditor and county treasurer and all other county officers in assessing, collecting and paying over the city tax, and cities of the third class and incorpor- ated towns shall pay to the county one-half of one per cent on the taxes collected in such city or town in full for the services and compensation of the county assessor in assess- ing the tax and preparing the copy of the assessment roll as provided in sections 2687 and 2688 of the Revised Stat- utes of Utah of 1898. AN ACT Providing for the suppression of nuisances and CONTAGIOUS diseases, PRESCRIBING QUARANTINE RULES AND REGULATIONS THEREFOR, AND RELATING TO BURIAL PERMITS AND HEALTH OF SCHOOLS. Be it enacted by the Legislature of the State of Utah : NUISANCE. Sec. 1. Whatever is dangerous to human life or health, and whatever renders soil, air, water or food impure or un- wholesome, are declared to be nuisances and to be illegal, and every person, either owner, agent or occupant, having aided in creating or contributing to the same, or who may support, continue or retain any of them, shall be deemed guilty of a misdemeanor. S3 r. Statutory Provisions. Skc. 2, No house refuse, offal, garbage, dead animals, decaying vegetable matter, or organic waste substance of any kind, shall be thrown or allowed to remain upon any street, road, ditch, gutter, public place, private premises, vacant lot, water course, lake, pond, spring or well. Sec. 3. Whenever a complaint is made in writing or otherwise to the board of health, the executive officer there- of, or a regularly appointed inspector, shall forthwith in- vestigate the matter and shall determine whether the al- leged nuisance is detrimental to the public health, or the cause of any special disease or mortality; and in case he shall so find, then he shall notify the occupant, or if unoc- cupied, the owner or agent of said premises, in writing, of such finding, and shall order and direct the abatement and removal of the same within two days; and in the event of the failure of the occupant, or if unoccupied, the, owner or agent of said property to abate and remove the nuisance, then the executive officer may proceed to abate and remove the same, and may employ all the force necessary to do so. Sec. 4. No privy vault, cess-pool, or reservoir into which a privy, water closet, stable or sink is drained, shall be established or permitted within fifty feet of any well, spring or other source of water used for culinary or drink- ing purposes, without written permission from the board of health, based upon the advice of the medical health officer. Sec. 5. No pig pen shall be built or maintained with- in one hundred feet of any well or spring of water used for drinking purposes, or within fifty feet of any street or any inhabited house. Sec. 6. Hog yards and piggeries will not be permitted within 100 feet of any natural stream or water course, and the drainage of a piggery shall in no case be permitted to reach any natural stream until said drainage has been puri- fied. Sec. 7. The feeding of animals dead from natural causes, to pigs, will not be allowed. Offal shall not be fed Relative to Cities and Towns. 83 d. to pig-s for at least a month before they are killed. The animals to be killed shall be removed from the pen where offal is fed and shall be fed on g-rain or other wholesome food. Offal from hog-s shall not be fed to hog-s. Offal from hog-s shall be burned or buried. Sec. 8. No hog- ranch or pig-g-ery for g-arbag-e or offal feeding-, where more than fifty head of swine are kept, shall be established or maintained without a permit from a health authority. CONTAGIOUS DISEASES. Sec. 9. The necessary rules and reg-ulations concern- ing- cholera, small-pox, yellow fever, diphtheria, scarlet fever, typhoid fever, whooping- coug-h, measles, and other contagious and infectious diseases, shall be enforced by the local boards of health, under the supervision of the health officer; and all public officers of the town, city or county, in their proper capacities, are hereby commanded and enjoined to assist the said board of health in the enforcement of said rules and regulations. Sec. 10. No person or thing liable to propagate any of the contagious diseases enumerated in the above section, shall be brought within the limits of the State without the special permit and direction of the State Board of Health, and whenever it shall come to the knowledge of any person that such person or thing has been brought within such limits, he shall immediately give notice thereof to a mem- ber of the said board, together with the location thereof. No person shall, within the limits of the State, without a permit from the local board of health, carry or remove from one building to another any person afflicted with such con- tagious disease. Nor shall an}" person afflicted with such contagious disease, or liable to communicate or spread the contagion thereof, be shipped or removed from one town or place to any other town or place, except under the charge and direction of the board of health, and with proper pre- cautions against the spread of the contagion. 83 (?. Statutoky Provisions. Sec. 11. Upon satisfactory information of the ap- proach to, or transit throug'h the State of Utah, of infected persons or g*oods, it shall be the duty of the secretary, as executive officer of the board, to cause the same to be stopped at the state line, or, if found within the limits of the State, to cause such persons or g-oods to be removed from cars, stag^es, or other conveyances, and securely isola- ted and disinfected. In cases coming' under the jurisdiction of natural or municipal quarantine authorities, he shall co- operate with said authorities in all such action. QUARANTINE RULES. Sec. 12. It shall be the duty of every physician or other person caring- for the sick in the State of Utah, to make a report to the local board of health, on forms fur- nished by the said board, immediately after such person be- comes aware of the existence of any case of scailet fever, diphtheria, whooping- coug^h, smallpox or typhoid fever in his or her charg-e; should additional cases occur in the same family they shall be reported in the same manner as the first case, and, in case such person shall fail to so report in twenty-four hours, said person shall be deemed g'uilty of a misdemeanor. Sec. 13. The place wherein an}^ person or persons are located having- any of the diseases mentioned in section 12 of this act, except typhoid fever, and whooping- coug-h, shall have displayed thereon a yellow flag-, upon which is printed in plain black letters, the name of the disease which therein exists. Sec. 14. The quarantine flag- shall be allowed to re- main at least twenty-one (21) days after scarlet fever, and fourteen (14) days after diphtheria is first reported, arid it shall be unlawful for any person or persons to remove or interfere in any way with said flag without permission from the board of health. In case of death the flag shall remain for a period of not less than seven (7) days, and longer un- less the board of health is satisfied that all proper means Relative to Cities and Towns. 83 f. have been employed for preventing- the spread of contag-ion. Any person having- whooping- coug-h shall be quarantined in every respect the same as in scarlet fever as described herein, except that there may be no flag- displayed. Sec. 15. No person who is, or who has been affected with any of the diseases named in section 12 of this act, ex- cept typhoid fever, shall be permitted to leave the house in which he or she resides, without a permit from the board of health, to be issued on receipt of a certificate from the attending- physician that all dang-er of communicating- the disease has passed; and no person residing- or lodg-ing in a house wherein such disease is present shall be permitted to leave the house without permission from the board of health. Twenty-one (21) days must have elapsed after the quarantine has been removed from the place wherein scar- let fever, and fourteen (14) days wherein diphtheria has existed, before a permit to attend school will be g-ranted the person who was affected with the disease. Other per- sons residing- in the house will be allowed to attend school upon the removal of the quarantine, provided they first ob- tain a permit from the board of health, which shall be pre- sented at the school. Sec. 16. Any person who g-ives, lends, sells, transmits, or exposes, without previous disinfection according- to the rules of the board of health, any bedding-, clothing-, rag-s or other objects which have been exposed to infection from any of the above diseases, shall upon conviction, be deemed guilty of a misdemeanor. Sec. 17. Any person who knowingly has conveyed a person affected with a contag-ious disease, shall be deemed guilty of a misdemeanor, unless he shall have immediately disinfected his conveyance in a thorough manner. Sec. 18. The owner or agent of any house in which a person has been suffering from any contagious disease who shall knowingly let it or part of it for hire without having previously disinfected it, and all articles therein liable to Statutory Provisions. 83 ^. disinfection according- to the rules of the board of health, shall be deemed g-uilty of a misdemeanor.’ BURIAL PERMITS. Sec. 19. No burial or interment shall be lawful in the State of Utah, nor shall any dead body be removed from said State until a permit for such burial, interment or re- moval shall have been first obtained from the board of health of the county, city or town in which it is situated. Sec. 20. Such permit shall be issued by the board of health upon receipt of the usual certificate of death, signed by the attending- physician in the case; or, if none, by two reputable citizens; or, if the death be the subject of an in- quest, by the coroner or other officer holding such inquest. The said permit shall set forth, as nearly as possible, the name, ag-e, color, sex, place of birth, occupation, date, lo- cality, and the cause of death of the deceased. And no cer- tificate shall be received upon which to g-rant such permit, unless sig-ned by a physician, coroner, or two reputable citizens, reg-istered as such under his or their proper sig-na- ture at the office of such board of health, health officer or other authorized officer or person; Provided^ that in cities of the first and second class it shall be the duty of the health officer to investig-ate all cases of death in which the death certificate is sig-ned by any other person than a phy- sician or coroner, with a view of determining- the cause of same, and when he shall have so determined, he shall affix his signature to the certificate. Sec. 21. Any undertaker or sexton and each and every other person engaged or concerned in a burial in violation of the provisions of this act, and the officers and employees of any transportation company, or any other person or per- sons engaged or concerned in the removal of a dead body from said State in violation of the provisions of this act, shall be deemed guilty of a misdemeanor. Sec. 22. The board of health shall enter in a suitable book to be kept for that purpose, a record of all burial per- Relative to CitiEvS and Towns. 83 h. n.ils issued, specifying' the date of issue and to whom issued, together with all the items of information contained in the certificates upon which the issue of such permits is based. Sec. 23. The transportation or removal of bodies or persons who have died of smallpox, cholera, yellow fever, diphtheria, or other disease dangerous to the public health, is forbidden within the limits of the State except in con- formit}" with the rules and regulations of the State board of health concerning the same. And no burial or exhuma- tion of any body shall be permitted in the night time unless for good reasons, to be entered in full upon the record book above provided for. SCHOOLS. Sec. 24. The local beards of health shall have juris- diction in all matters pertaining to the preservation of the health of those in attendance upon the public and private schools in the State, to which end it is hereby made the duty of each of the local boards of health, (1. ) Vo exclude from said schools any person, includ- ing teachers, suffering with a contagious or infectious dis- ease, whether acute or chronic, or liable to convey such diseases to those in attendance. (2. ) To make regular inspections of all school build- ings and premises, as to their hygienic condition, and to re- port on forms that shall be furnished by the State board of health, the result of such insf ections to those having charge ^and control of such schools, with instructions as to the rem- edy of conditions (if any such be found) whereby the health of those in attendance may be impaired or life endangered. A copy of said report shall also at the same time be sent to the Slate board of health. Sec. 25. In the event of failure or refusal of those having such charge and control to carry out the instructions so given, then the board of health shall cause such faulty conditions to be remedied at the proper cost and expense of those having charge and control of the school. Sec. 26. Any person who violates, disobeys, omits, neglects, or refuses to comply with, or resists any of the provisions of this chapter, or who refuses or neglects to obey any of the rules, orders, proclamations or sanitary regulations of the board of health, health officer, or mayor, or who omits, neglects or refuses to comply with, or who resists any officers or orders or special regulations of said board of health, health officer, or mayor, shall, upon con- viction, be deemed guilty of a misdemeanor. AN ORDINANCE REVISING AND ARRANGING THE Ordinances of Epi^raim City. CHAPTER I. GENERAL PROVISIONS. Be it ordained hy the City Council of Ephraim City as follows'. Section 1 . Repealing existing ordinances. The ordinances contained in this chapter and the chapters fol- lowing- shall be known as the “Revised Ordinances,” and so far as their provisions are the same in effect as those of previously existing- ordinances, they shall be construed as continuations thereof; but subject to the above limitation and the provisions of the next section. All ordinances of the city heretofore in force are hereby repealed. Secs. 177-8, pp. 8, 9. Sec. 2. Accrued rights. These revised ordinances shall not affect any act done, any right accrued, any penal- ty incurred, any suit, prosecution or proceeding pending, or the tenure of office of any person holding office, at the time when they take effect; nor shall the repeal of any or- dinance thereby have the effect of reviving any ordinance theretofore repealed or superseded. Secs. 17"; -8, pp. 8, 9. Revised Ordinances. 85 Sec. 3 . 3It‘a:Uiii^ of words. Words used in these revised ordinances in the present tense include the future as well as the present; words used in the masculine gender in- clude the feminine and neuter; the sing-ular number includes the plural, and the plural the sing-ular; the word person in- cludes firm and corporation as well as a natural person. Sec 4. Penalty for violatiiij>* ordinances. Who- ever violates any provision of any ordinance of the city, whether included in these revised ordinances or ordinances hereafter enacted, shall, unless other provision is made be liable to a penalty of not more than one hundred dollars-for each offense, or to imprisonment for ninety-nine days, or both such fine and imprisonment. S 206, Sub. 88, p. 27. Sec. 5. Who liable to penalty. When anything^ is prohibited in an ordinance, not only the persons actually doing- the prohibited thing-, but also the employers and all other persons concerned therein, shall be liable to the pen- alty-prescribed. Sec. 6 . Implied power to license. When, in an ordinance, anything- is prohibited from being- done without the license of a certain officer or officers, such officer or offi- cers shall have the power to license such thing- to be done. Sec. 7. The word “street.” The words “street” and “streets,” when used in an ordinance, shall be construed as including- alleys, lanes, courts, public squares, public places and sidewalks, unless such construction would be in- consistent with the manifest intent of the ordinance. Sec. 8. When ordinance f^oes into effect. An ordinance, unless otherwise expressly provided therein, shall not g-o into effect until twenty days after the date of its passag-e and publication. Sec. 205, p. 13. Sec. 9. Constitutional and statutory provisions adopted. The provisions of the constitution and statutes of the State of Utah relative to cities of the third class are S') Rev.sed Ordinances. here’iy declared to have the same force and effect as if the provisions thereof had been specially ordained. ^ Sec. 177. p. 8. Sec. 10. Accouiitiiig — monthly. It shall be the duty of all officers and agents of the city to keep a true and correct account of all funds collected or received by them for the city and pay the same into the cit}- treasury on or before the last day of each calendar month. § 2 Art, XXI, Con. p. 5. § 201, p. 28. Penalty, § 4, chap. I, R. O. Sec. 11. Aiimitil reports. All officers of the city shall, on or before the last day of June in each year, make an annual report in writing- to the mayor, which re- ports shall show for each department: first, the moneys re- ceived and disbursed, if any, during the year last past; second, the business done or labor performed by said de- partment during- ihe preceding- year and the g-eneral con- dition of such department at the close thereof; third, such recommendations or sug-g-estions as may be deemed of ser- vice and benefit for the welfare of the city. Such reports shall comprise in a consolidated form, and for the whole year, the substance of the quarterly or other reports re- quired by law or ordinance. The reports herein provided for, or portions thereof, as may be deemed necessary by the mayor, shall, with his own annual report, giving a general summary of the city’s business and condition, and such recommendations as he may consider advisable, be submit- ted to the city council on or before the first Monday of July in each year. Sec. 12. The revised ordinances to he in force wli en. The “Revised Ordinances” shall take effect and be in full force on and after the date of their passage and approval. CHAPTER II. elections and officers. Sec. 1.3. Elective officers. Terms. A municipal Revised Ordinances. 87 election shall be held in this city on the Tuesday next after the first Monday in November, 1899, and biennially there- after, for the election of the following- officers of the citv, viz: a mayor, five councilmen, a recorder, treasurer, mar- shal and a justice of the p^ace, who shall qualify and enter upon the duties of their respective offices on the first Mon- day in January next succeeding- their election, and continue in office for two years, and until their successors are duly elected and qualified. S 213, p. 29, Who elig'ible to office, § 221, p. 30. Sec. 14. Elections, how held. All g-eneral and special elections within this city shall be held and conduc- ted, and returns made thereof as is now or may hereafter be provided by law. Municipal elections §§ 887-891, pp. 62, 63. Reg-istration, etc., SS 316-821, pp. 60,61. Sec. 15. Oath and bonds ofofiicers. Before en- tering- upon the discharg-e of their duties, all elected and ap- pointed officers of the city shall take and subscribe the oath or affirmation required by law, and g-ive bond, with two or more g-ood and sufficient sureties, payable to the city, con- ditioned for the faithful performance of their duties. Oath, g 10, Art. IV, C'on , p. 1. Id. Bond. §216, p. 29, § 206, Sub. 88, p. 26. Sec. 16. Id. Approval. The bond of the mayor shall be approved by the city council, and the bonds of all other officers by the mayor. Sec. 17. Amount of bond. The amount for which the respective officers shall g-iv^e bond as above stated, shall be as follows, to wit: mayor, recorder, justice of the peace, and marshal, $1000 each. The treasurer not less than the amount of the whole revenues of the city for the current year. All other elective or appointive officers, $500 each. Treasurer’s bond, etc., § 216, p. 29. Additional Id., § 218, p. 30. Sec. 18. Where filed. All bonds g-iven by the offi- cers of the city shall be filed with the recorder, except the bond of the recorder, which shall be filed with the treas- urer. Sec. 218, p. 30. 88 Revised Ordinances. MAYOR. Sec. 19. Shall si^a licenses, deeds, etc. The mayor shall sig-ii all licenses, except liquor licenses. In all cases where bonds for liquor licenses are not approved by the mayor, the same shall be referred to the council for their final action. The mayor is authorized’ and empowered to sig-n his name officially for and in behalf of the city, and to sig-n deeds, bonds, bills, notes, oblig-ations and other ag-reements, documents and other papers to which the city is a party, when so directed by the city council. Contracts must be countersig-ned by recorder. Sec. 229, p. 32. Sec. 20. May offer reward. The mayor may, when necessary, offer a reward for the apprehension of of- fenders ag^ainst the ordinances of the city, in any sum not exceeding- one hundred dollars. Sec. 21. May remit flues and grant pardons. The mayor is authorized and empowered to grant full par- dons for violations of the ordinances of said city, or to re- mit so much of any fine or penalty as belongs to the city, together with costs of prosecution, when to him it shall seem just and reasonable. Sec 189, p. 10. Sec. 22. Id. Report. It shall be the duty of the mayor to report to the city council at its next session the number of fines remitted and pardons granted. Sec. 23. Appointments by the mayor. The mayor, by and with the advice and consent of the council, may appoint at or before the first regular meeting of the council in February, 1900, and biennially thereafter, the following named officers, who shall hold their offices for the term of two years, unless sooner removed by the mayor with the concurrence of the majority of the members of the city council, or by the city council with the concurrence of the mayor, and until their successors are appointed and qual- ified: a supervisor of streets, a pound-keeper, a sexton, a watermaster, a surveyor, an attorney, an inspector of build- ings, and inspector of provisions, a sealer of weights and measures, a superintendent of water works, three members of Revised Ordinances. 89 the board of health, and such other officers as may be provided by law or ordinance; provided^ that vacancies among- the same may be filled at any time, in like manner, if hot other- wise provided for by law or ordinance. Sec. 214, p. 29. Terms. Oath, bond, etc., 215-227, pp. 29, 30. Sec. 24. Duties — general. The mayor shall per- form such other duties as are, or may be, prescribed by law or ordinance. Secs. 1S5-196, pp. 10, 11. (Solemnize marriag-es. Sec. 1188 R. S.) Secs. 213-227’ pp. 29, 30. CITY COUNCIL. Sec. 25. Time of meeting. Holidays. Adjourn- ed meetings. The stated meetings of the city council shall be held on the first Monday of each provided^ that when any general holiday occurs on said Monday, the meeting shall be held on the Tuesday next following. All meetings may be adjourned from time to time as business may require. Sec, 20', p. 12. Counctlmen, Sec. 197-205, pp. 11.13. Powers of city c.)uncil. Sec. 206-7. pp. 13-27. RECORDER. Sec. 26. May appoint deputy. The recorder, by and with the consent of the city council, may appoint a deputy, who, under the direction of the recorder, or in his absence, may perform all the acts or duties pertaining to the office of recorder. The recorder shall be responsible for the acts of his deputy. Sec. 27. Shall administer oaths etc. The re- corder shall have power to administer oaths. He shall keep plats of all official surveys within the city, and shall deliver to his successor in office the corporate seal, together with all the records and proceedings of the city council, and all books or other property in his possession, belonging to said city. Sec. 28. Report * monthly. The recorder shall make a report to the city council at each regular meeting thereof, showing: 90 Revised Ordinances. First — all funds then in the cit}^ treasury, tog-ether with amounts then due and payable to the city. Secondly — all claims ag-ainst the city then due or to fall due before the next reg-ular meeting- of the council. Sec. 29. Duties (General. The recorder shall per- form such other duties as are or may be prescribed by law or ordinance. Sec. 228-231, pp. 32-34. TKEx\SUREK. Sec. 30. Keep account of city funds. The treas- urer shall keep in suitable books, a full account ot all re- ceipts and disbursements, with the names of persons paying or receiving- such funds, and the objects thereof, and shall, semi-annually, on or before the first Monday of January and July, in each year, present to the city council a full report of his receipts and disbursements, with vouchers for all sums disbu sed. Sec. 31. Treasurer’s deputy. The city treasurer may, by and with the advice and consent of the city coun- cil, appoint a deputy, for whose official acts he shall be re- sponsible. Sec. 32. Duties, g;eneral. The treasurer shall per- form such other duties as are or may be prescribed by law or ordinance Sec.s. 232-238, pp 34,35. CITY JUSTICE OF THE PEACE. Sec. 33. Report monthly. It shall be the duty of 'the city justice of the peace to make a report to the city council at each reg-ular^meeting-, showing- the number of cases broug-ht before him on behalf of the citv during the previous month, together with the amount of all lines im- posed, and those collected by him. Sec. 34. Duties, goneral. The justice of the peace shall perform such duties, be governed by such procedure, and collect such fees as are or may be prescribed by law or ordinance. Secs. 239-244, pp. 35-37. Secs. 5124 5173, pp 73-82; Revised Ordinances. 91 MARSHAL AND POLICE. Sec. 35. Powers and duties defined. The mar- shal shall, by himself or a policeman, attend all regular and special meetings of the city council; shall have charge of the city hall, and see that the same is lighted and warmed when necessary; act as doorkeeper or sergeant-at- arms; execute all orders of the mayor or council; preserve the peace and good order of the city; quell all riots, arrest and bring all disorderly persons before the city justice for trial, and shall take from the person arrested all offensive weapons which he may have about his person, and must de- liver them to the city justice. They shall take such meas- ures as shall secure the peace and good order of all public meetings. Sec. 36. Id. Keei> register. The marshal shall pro- vide and cause to be kept a register of arrests. Upon such register there shall be entered a statement showing the date of such arrests, the name of the person arrested, the name of the officer making the arrest, the offense charged, and a description of any property found upon the person arrested. Sec. 37. Property taken from person arrested. Duplicate receipt. When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant, and the other, with the property, except weapons, at once to the marshal. Sec. 38. Register of property to be kept. The marshal must enter in a suitable book a description of every article of property alleged to be stolen or embezzled, and brought into the office or taken from the person of a pris- oner, and must attach a number to each article, and make a corresponding entry thereof. Sec. 39. Duties as jailor. It shall be the duty of the marshal to take charge of the city prison, to cause the same to be warmed and lighted when it shall be necessary, and kept clean and in proper order. He shall have the cus- tody of the inmates thereof, and shall see to feeding and otherwise caring for the same. He shall furthermore see that all rules for the government of the prison are carried 92 Revised Okdinances. into effect. He shall keep a book in which shall be entered the day and hour of receiving” a prisoner and the day and hour of his release. Sec. 40. Regulations for police department and prison. The mayor and marshal are authorized and required to make all needful rules and reg-ulations, not in- consistent with the ordinances of the city, for the g-overn- ment and control of the police department and prison. Sec. 41. Oath and duties of policemen. Every policeman appointed shall take an oath for the faithful per- formance of his duties as policeman, and shall see that the ordinances of the city are complied with. The police shall be under the control, and subject to the orders, of the mar- shal. Sec. 42. Duties, general. The marshal and police shall perform such other duties as are or may be prescribed by law or ordinance. Secs. 244-248, pp. 37, 38. CHAPTER 111. streets and supervisor of streets. Sec. 43. Streets. The streets of the city shall be and the same are hereby named and designated as follows, to wit: The street running north and south on the cou-nty road, running to Manti on the south, and to Spring City on the north, is named Main Street; the street immediately west of and parallel to said Main Street, is named A West Street; the second street west of and parallel to said Main Street, is named B West Street. The streets running north and south, east of and parallel to said Main Street are named and designated as follows, to wit, respectively: The first is named A East Street; the second is named B East Street, the third is named C East Street, the fourth is named D East Street. The street running east and west, immedi- ately north of the city hall, is named and designated Cen- ter Street, and the streets south of and parallel to said Cen- ter Street, running east and west, are named and designa- ted as follows, to wit: The first shall be named First South Steeet, the second is named Second South Street, the third is named Third South Street, the fourth is named Fourth South Street. The streets running east and west north of Revised Ordinances. 93 and parallel to said Center Street are designated and named as follows, to wit; The first is named First North Street, the second is named second north street; the third is named Third North Street. Sec. 44. Main Street shall be six rods wide; A West Street shall be six rods wide; B west street shall be four rods wide; A East Street shall be six rods wide; B East Street shall be six rods wide; C East Street shall be six rods wide; D East street shall be four rods wide; Center Street shall be six rods wide; First South Street shall be four rods wide; Second South Street shall be five rods wide; Third South Street shall be five rods wide; Fourth South Street shall be six rods wide; First North Street shall be six rods wide; Second North Street shall be six rods wide; Third North Street shall be five and a half rods wide. Sec 45. Sidewalks. The sidewalks on all of said streets shall be ten feet wide, and the water-sect shall be on the outside edge of the sidewalk, and all shade trees set thereon shall be nine feet from the line of the lots on said streets. Sec. 46. Failure to keep sidewalk free from obstructions. Penalty. Whoever fails or neglects to keep the sidewalk in front of his lot or place of business free from obstructions, shall be liable to a fine not exceeding one hundred dollars. Sec. 47. Encroachments. If any street is encroached upon by a fence or building or otherwise, the supervisor of streets may, orally or in writing, require the encroachment to be removed. Sec. 7 p. 84. Sec. 48. Id. Notice to remove. Notice must be given to the occupant or owner of the land, or person caus- ing or owning the encroachment, or left at his place of re- sidence, if he be known and reside in the city, if not, it must be posted on the encroachment, specifying the breadth of the street, the place and extent of the encroachment, and requiring him to remove the same within ten days there- after. Sec. 7. p. 84. 94 Revised Ordinances. Sec. 49. Id. Refusal. Penalty. If the encroach- ment is not removed or commenced to be removed, and the removal not dilig-ently prosecuted, prior to the expiration of the ten days from the service or posting' the notice, the one who caused, owns or controls the encroachment forfeits ten dollars for each day the same continues unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the hig-hway for vehicles, the supervisor must forthwith remove the same. Sec. 50. Id. Action. If the encroachment is de- nied, and the owner, occupant, or person controlling- the matter or thing- charg-ed with being- an encroachment, re- fuses either to remove or permit the removal thereof, the city council must direct the city attorney to commence in the proper court an action to abate the same as a nuisance; if judg-ment be recovered for the plaintiff, in addition to having- the same abated, there shall also be recovered ten dollars for every day such nuisance remained after notice g-iven for its removal, and also the costs of the action. Sec. 51. Removal without action. The city council may at any time order the supervisor to forthwith remove any such encroachment without commencing^ action. Sec. 52. Id. Penalty. If the encroachment is not denied, but is not removed for five days after the notice is complete, the supervisor may remove the same at the ex- pense of the owner, occupant or person controlling- the same, and recover his costs and expenses, and also for each day the same remained after the notice was complete, the sum of ten dollars, in an action for that purpose. Sec. 53. Excavations and obstructions in streets. No person shall make, or cause to be made, an excavation in a street for any purpose whatever without a permit from the city council, or from some person author- ized by the council, and subject to such reg-ulations as the council may prescribe. Every application for such permis- sion shall be made in writing- and sig-ned by the applicant and shall set forth the dimensions of the proposed exca- vation and the purpose for which it is to be used; and every such permit shall provide that the excavation permitted shall not be used for any purpose other than that stated in the application, and may at an}- time be revoked by the said council. Revised Ordinances. 95 Sec. 54. Liability in occupying street. Who- ever is duly permitted to occupy a part of the street, while making- an excavation, or for any other purpose, shall provide a safe and convenient passage for public travel around or over the obstruction so caused, and shall be re- sponsible to the city for all injuries sustained in consequence of his neglect so to do. Sec. 55. Penalties. Whoever violates any of the provisions of the two preceding sections of this chapter shall be liable to a penalty of not less than five nor more than fifty dollars for each offense, and to a like penalty for every day’s continuance of such offense. Sec. 5f). Id. Obstructions. Removals. No person shall put, place, or cause to be put or placed, any- where upon a public street or sidewalk, and no person own- ing, occupying or having control of any premises, shall, after reasonable notice by the city marshal or any police of- ficer, suffer to be or remain in front thereof, upon the side- walk or the half of the street next to such premises: First. — Any broken ware, glass, filth, rubbish, refuse matter, garbage, ashes, tin cans, or other like substances; Second. — Any wagons, lumber, wood, boxes, fencing, building material, merchandise or other thing, which shall obstruct such public street or sidewalk, or an}^ part thereof, or the free use and enjoyment thereof, or the free passage over and upon the same, or any part thereof, without the permission of the city council; Third. — Any goods, wares, or merchandise, for sale or show or otherwise, beyond two feet of the front line of the lot where such goods, wares or merchandsse may be exposed. 96 Revised Ordinances. Sec. 57. Penalty for driving, etc., animals on sidewalk. Any person driving- a team, or leading, riding, or driving any animal upon any sidewalk in this city, shall be liable for all damages accruing thereby, and to a fine of not less than one nor more than fifty dollars for every such provided, that nothing in this section shall be so construed as to prohibit persons from crossing the side- walk to or from the adjoining premises with teams or ani- mals Sec. 58. Obstructing streets by games forbid- den. All persons are hereby forbidden to obstruct the sidewalks or streets by games of any kind, playing of ball, quoits, marbles, jumping, rolling of hoops, flying of kites, to annoy or obstruct the free travel of any foot passenger or team, under a penalty of not less than one, nor more than fifty dollars, or imprisonment not to exceed twenty days, or both, for each offense; and to pay all damages. Sec. 59. Hitching posts defined. Every person owning a hotel, store, shop, or other place of business, or place of public resort fronting on any street of this city is hereby required to set and retain a hitching post, in the street in front of his premises, not more than three feet from the outer edge of the sidewalk or water sect thereon; said post shall not be less than five inches in diameter, and four feet high when set, and placed firmly in the ground not less than twenty feet from any street crossing. Sec. 60. Gates to swing inward. All gates, ex- cept such as swing upon self-closing hinges, adjacent to sidewalks, shall be s© constructed as to prevent them from opening outwardly upon said sidewalks. Sec. 61. Barb wire fences forbidden. It shall be unlawful for any person to maintain a barb wire fence Revised Ordinances. 97 adjacent or contig-uous to any sidewalk of the city without permission of the city council. Sec. 62. Securing teams, etc. Any person having- charge of, or being the driver of a team, shall, while such team is standing in the streets or any public place of said city, stand near the head of the same, or have hold of the lines attached to them, or otherwise secure them to some post or other substantial place of fastening. Any person violating any of the provisions of the four preceding sec- tions of this chapter shall be liable to a fine in any sum not less than two nor more than fifty dollars for each offense. Sec. 63. Carriage steps. Any person may erect carriage steps or platforms across the water ditch in front of his place of business or residence, not to exceed four feet long, three feet wide and two feet high, the work to be done to the acceptance of the supervisor of streets. Sec. 64. To take charge of streets, etc. Make reports. It shall be the duty of the supervisor of streets to take charge of all the streets and sidewalks, bridges and culverts in the city, and superintend all work done thereon, both public and private, whether under contract or other- wise; that he shall at all times be subject to and act under the direction of the city council. During the progress of any improvement he shall, at least once a month, report the progress and condition of such improve- ment, and he shall faithfully observe and report whether any breach is made in the terms of any contract in pursu- ance of which any such work or improvement is in progress; and no work done upon the streets under any contract shall be paid for in full until the supervisor of streets shall re- port the same to be complete, nor until such report shall be endorsed by the committee on streets and accepted by the city council. Sec. 7, p. 84. Sec. 65. Enforce ordinances and orders of city council. The supervisor of streets shall see that all or- dinances, resolutions or orders of the city council, relating 98 Revised Ordinances. to streets are properly enforced and obeyed; and he is au- thorized and required to take such measures as may be nec- essary to keep the streets free from filth and nuisances. Sec. 7, p. 84. Sec. 66. Work prisoners. It shall be the duty of the street supervisor, by himself or deputy, when requested by the marshal, to take charge of and work on the streets of the city, or elsewhere within the city, all prisoners sen- tenced to perform labor. Sec. 67. Appoint assistant supervisors. The supervisor may appoint, by and with the advice and consent of the city council, assistant supervisors, as he may deem necessary, who shall be under his direction, and for whose official acts he shall be responsible. Sec. 68. Report quarterly. The supervisor shall make a full report quarterly, in writing-, to the city council, of all thing’s done, and of all moneys expended in his de- partment, and for what purpose expended. Sec. 69. Take charge of and deliver tools, etc. It shall be the duty of the supervisor to take charg-e of all tools or other material or property belong-ing- to the city and employed in working- the streets. He shall deliver up to his successor in office, or to whomsoever the city council may authorize to receive the same, all books, papers, vouch- ers, and all tools and property of every kind and description under his control and belonging- to the city, and shall fur- nish a list of the same to the city recorder. He shall per- form such other duties as are or may be prescribed b}^ law or ordinance. CHAPTER IV. ’ POUND AND POUNDKEEPER. Sec. 70. Pound established. A city pound is here- by established, and it shall be the duty of the city council to designate by resolution a safe and secure place for such pound where all animals seized or taken up in pursuance of Revised Ordinances. 99 this chapter ma}' be impounded. Said pound shall be un- der the control of the poundkeeper. POUNDKEEPER. Sec. 71. Duties of i)ouiidkeeper. It shall be the duty of the poundkeeper to receive and take care of all ani- mals committed to his charg-e and provide all necessary forage therefor, and use due diligence to find the owners of said animals, by examining the record of marks and brands and otherwise, and notify the owner if found. He shall not deliver any animal to the owner until all costs are paid. Sec. 72. Notice of sale of animals. If within thirty-six hours after any animals come into the possession of the poundkeeper, the owners be not found he shall im- mediately advertise the same by posting notices for a per- iod of ten days in three of the most public places in the city, one of which places shall be at or near the post office. He shall also immediately deliver a copy of such notice to the recorder. The recorder shall upon receipt of said notice file and preserve the same in his office for a period of six months thereafter, and shall immediately post a copy there- of at the front door of his office. The notice so filed with the recorder shall be open during reasonable hours for in- spection by the public, free of charge. The notice herein provided for shall contain a description of the animals including all marks and brands, when taken, and the day, hour, and place of sale, and may be substantially in the following form; NOTICE OF SALE. STATE OF UTAH, | CITY OF EPHRAIM. ^ I have in my possession the following described ani- mals lawfully impounded which, if not claimed and taken away, will be sold at public auction to the highest cash bidder at , in this city, on , the day of 1 , at the hour of : 100 Revised Ordinances, (Description of Animals.) Said animals were impounded in said city on the day of , 1 . City Poundkeeper. Sec. 73. Claimants. Sale. Bill of Sale. If at an}" time before the sale of any animals they shall be claimed and proved to be the property of any person, the poundkeeper shall deliver them to the owner upon receiving- from him the cost of impounding, keeping, and advertising the same. If the animals are not so claimed and taken away, he shall, at the time and place mentioned in the no- tice, proceed to sell the same, one at a time, to the highest cash bidder, and shall execute and deliver a bill of sale transferring said animals to the purchaser or purchasers thereof, which bill of sale shall be substantially in the following form: I hereby certify that in pursuance of the law regu- lating the disposal of impour.ded animals, I have this day sold to , for the sum of $ ,he being the highest bidder, head of , described as follows, to wit: Witness my hand this day of , 1 . Poundkeeper of city, county. State of Utah. The poundkeeper shall immediately file a copy of such bill of sale with the recorder. The copy so filed with the recorder shall be preserved for a period of two years and shall be open to inspection during all reasonable hours free of charge. Such bill of sale shall transfer and vest in such purchaser the full title to the animals thus transferred. Sec. 74. Record of impounded aiiimaKs. The poundkeeper shall keep an accurate record of all impounded animals received by him, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and Revised Ordinances. 101 taken away, all animals sold and to whom so sold and the amount paid, all moneys paid to owners after sale, all moneys paid into the city treasury, and all other matters necessary to a compliance with the provisions of this chap- ter. The city council shall provide the poundkeeper with a suitable book, in which shall be entered the records re- quired by law to be kept by the poundkeeper. Such records shall be open to the inspection of the public at all reason- able hours, and shall be deposited by the poundkeeper with his successor in office. S 206 Sub. Div. 68 p, 24. Title 2, Animals, R. S, p. 94-9. Sec. 75. Disposition of proceeds of sale. The net proceeds of the sale of all animals made in pursuance of this chapter shall be paid into the city treasury, subject to the order of the owners of said animals, if applied for within six months from the date of sale; if not applied for by the owners within that time, the cit}^ treasurer shall place the amount to the credit of the city revenue. Sec. 76. Cattle running- at large, etc. It shall be the duty of the marshal and police to impound all cattle, horses, mules, sheep, goats or swine running at large, or herded, picketed or staked out upon any street, sidewalk or any other public place within the limits of the city; pro- vided^ that nothing herein contained shall be so construed as to prevent any person from driving milch cows, work cattle, horses, mules or other animals from outside the city to any enclosure within the city limits, or from any enclos- ure in the city to a place outside of the city; provided, further, that any person who wilfully permits any animal mentioned in this section to violate the provisions thereof shall also be deemed guilty of an offense and upon convic- tion may be punished by a fine not exceeding $25. 00 and cost for each offense. Sec. 77. Penalty for taking ont of proper custody. Any person taking his own animal or that of any other person out of the city pound, by stealth, or by force, or who shall interrupt or hinder any one while in the dis- 102 Revised Ordinances. *:harg-e of his duty, under the provisions of this chapter, shall be liable to a fine in any sum not exceeding- one hun- dred dollars, or imprisonment not to exceed one hundred days, or both fine and imprisonment. Sec 78. Records. Moiitlily report. Settle- ineiit with city. It shall be the duty of the poundkeeper to keep books, in which he shall keep an accurate account of all receipts and disbursements, and shall make a full and detailed report of his proceedings to the city council quar- terly, stating therein the number <.f animals impounded, the number of animals sold, to whom sold, and the amounts received therefor, the amounts received and paid for for- age, advertising and sale. §206 Sub. Div. 68 p. 24. Fees, R. O. — Pay aver fund collected §10 p. 86. CHAPTER V. SEXTON AND CEMETERIES. Sec. 7b. Sexton registrar of deaths. State- ment. The city sexton shall be registrar of deaths for the city, and before burying any dead body in the cemetery, or be- fore transporting beyond the corporate limits the body of any person that has died therein, the relatives, or other persons having charge of said body, shall be required to turnish.in writing to said sexton, a statement of said death, which shall be recorded by him. Said statement, as .well as the record, shall include the name of the. person deceased, with the names of his or her parents or„ other relatives, age, when and where born, term of residence in the city, occu- pation, condition, whether single or married, widow or widower, sex, race, color, last place of residence, the date of death, and the cause thereof, together with the name of the attending physician, if any, coroner or midwife; also the date of burial, as well as the name of the cemetery, with the initial letter of the plat, as well as the number of Revised Ordinances. 103 block and lot where said person is buried, or if transported beyond the corporate limits to a distance, the place of des- tination. Sec. 80. Report. The sexton shall, on or before the last day of each calendar month, deliv^er to the city board of health a copy of the entries in his register for said month. Sec. 81. Duties of sexton. Deputy. It shall be the duty of the sexton to take charge of the city cemetery, and improve the grounds thereof, subject to the direction of the city council; to dig or cause to be dug, all graves re- quired for the burial of the dead therein, and keep a record of the same, as provided for in section one of this chapter. He may, by and with the advice and consent of the city council, appoint a deputy, for whose official acts he shall be responsible. Sec. 82. Sale of lots. Certificate i>rice. The size of the lots is 33 by 11 feet, and the price shall be $5. 00 each. The sexton is hereby empowered to sell lots in said cemetery and collect before occupancy all dues arising from such sales. He shall give to each purchaser a certificate of pur- chase for each lot, or part of lot bought, with the price thereof as fixed by the city council, which shall describe the lot so bought, and he shall keep a duplicate of said cer- tificate, record the same, and forthwith forward the origi- nal to the mayor, who shall, upon request, issue a deed to the purchaser. Sec. 83. Headboards and tombstones. Fences and grades. The owners of lots, or relatives of deceased persons buried in said grounds, are hereby required to erect headboards, tombstones or other suitable monuments at the heads of graves, with the names of the deceased plainly inscribed thereon; and if any person neglects or fails to erect such headboards, tombstones, or other suitable monu- ment for a period of three months from the date of burial, the sexton shall place suitable headboards in their proper posi- tion at the expense of the person owning or burying in the 104 Revised Ordinances. said lot. No person shall erect a fence, corner posts or other boundary mark upon any lot or lots in said cemetery, nor g-rade the ground or land thereof, except under the di- rection of the sexton, who shall furnish the true lines of lots according to official survey, and shall prevent and pro- hibit any grading that would destroy the symmetry of the land. Sec. 84. Title. Permit. Disinterment. Con- tagions disease. No person, or persons, shall be allowed to inter their dead in said cemetery without first obtaining a certificate of purchase from the sexton to the lot in which they bury, or if they do not own the lot they shall then be required to furnish a written permit from the owner there- of, which permit shall be filed with the sexton; and no per- son shall disinter any body buried in said cemetery except under the direction of the sexton. Sec. 85. Penalty for injuring cemetery prop- erty. Any person who shall injure or deface any head- board, tombstone, monument, tree, shrub, or any other pro- perty in said cemetery, shall, upon conviction, be liable to a fine in any sum not exceeding one hundred dollars, or to imprisonment not to exceed thirty days, or to both such fine and imprisonment. Sec. 86. Burials must be in cemetery. Mur- derer. No person shall be allowed to bury his dead with- in the limits of the city, unless by pei mission of the city council, and there shall not be interred in the cemetery the body of any person known to the law as a murderer. Sec. 87. Plat of cemetery. An accurate plat or map of the city cemetery, approved by the city council, shall be filed with the recorder and a copy thereof with the sex- ton. Said plat, or a register accompanying the same, shall designate the ownership of all lots therein, and the price of unsold lots as fixed by the city council, together with such other information as may be deemed expedient. Revised Ordinances. lOS CHAPTER VI, IRRIGATION AND WATERMASTER. Sec. 88. Water record. The city recorder shall keep in his office a record of all acknowledg-ed water rig-hts and of all transfers of water rights within the city, in suitable books prepared for that purpose, in which he shall enter the extent and kind of rig-hts, where used, from where and to where transferred, and annually on the Saturday after the first Friday in March, revise and correct his said record and deliver a certified copy thereof with list specifying- the number of acres of water rig-ht to be used in each of the several ditches, and the names of the persons entitled there- to during- the ensuing- year, to the watermaster on or before the 29th day of March. Sec. 89. Public water ditches defined. Public water ditches are hereby defined to be, first — the natural and artificial channels through which water flows into the city; second — head and waste ditches constructed along the streets, and third — those through lots and blocks in which two or more families are directly interested. Sec. 90. Duties of w atermaster. The watermas- ter shall, under the direction of the city council, have con- trol of all the water flowing into, in or through the city in public ditches, and shall direct and superintend the erection and repair of all dams, gates, locks, sluices, ditches, and waste weirs used in controlling said water. He shall in per- son or by deputy distribute the water to the proper ditches entitled thereto, in the city. He shall cause all public water ditches to be cleaned, and those used for culinary purposes washed out or flooded twice every year in the following man- ner: first time for irrigation shall be done on or before the fifth day of April, and it shall be his duty to superintend said cleaning, and to cause all public and private gates, dams, along public ditches on the streets and running across lots and blocks to be properly located, constructed and kept in re- pair, all the public ditches to be in good order and of suffi- 106 Revised Ordinances. cient capacity to carry their portion of the water, and that the g-ates used in the public ditches for irrigation purposes be so constructed that the proper portion of water for culinary purposes can pass through; and the second cleaning for do- mestic, culinary, and machine use shall be done on or before the first day of November, and while superintending such cleaning, the watermaster shall cause all obstructions of whatsoever name or nature to be removed so the water can have a free and unhindered flow during the winter months. Sec. 91. Duties of water master continued. To make, clean and repair the ditches as provided in the pre- / ceding section, it shall be the duty of the water master to notify each owner or occupant of lots or part of lots front- ing on any of the streets in this city to appear to work at such time as he may designate; said notice, written or ver- bal, shall be given at least three days before such work is to be performed, and all such owners or occupants who re- spond to make or clean up the ditches in front of their prem- ises to the satisfaction of the water master, shall be entitled to the water master’s receipt therefor to the extent of 25c per city lot, for each cleaning; provided, that ditches across lots and blocks shall be cleaned by the persons interested therein, each performing labor according* to his interest in such ditch; to the place the water is diverted for his exclus- ive use, and those failing to comply with the water master’s request shall not be entitled to this receipt; and it is fmthev provided, that if all of such owners or occupants on any ditch do not appear at such ditch cleaning, the watermaster is authorized to hire men to do the remainder of the work, at the expense]of the city at a C3st not to exceed the .price here- in stipulated. The water master shall give a receipt for all water taxes paid in work to the person paying the same and preserve a copy thereof upon a stub, which stub he shall re- turn to the auditor with his accounts. Sec. 92. Period of artificial irrigation. It shall be from the 5th day of April to the 25th day of October an- nually, unless otherwise ordered by the city council. Revised Okdinances. 107 Sec. 93. Right of way along ditches. Where public water ditches pass through private grounds the right of way for which has been acquired, the city watermaster, his assistant, and parties directly interested are authorized to pass along said ditches, as occasion may require during the continuance of such right, and it shall be unlawful for any person to obstruct any such ditch during any such time by straw, manure, etc., or by putting in or maintaining in place any fence along or across any such ditch, without providing gates, or other passage ways sufficiently large for persons interested to pass through. Sec. 94. Transferring water. Any person desir- ing to transfer water from one person to another person, or from one ditch to another ditch, may do so by producing sat- isfactory proof to the city recorder, first — that the applicant has a right to the use of the water desired to be transferred, second — that he has a right to have the water run in the ditch to which such transfer is desired, and third — that the ditch to which such transfer is desired, is sufficient in size to carry the water desired to be transferred thereto, in ad- dition to the water previously running or belonging there- in, Such application signed by the applicant, shall state the person and place, from and to whom and where such transfer is desired, it shall be presented to the recorder at his office during the week after the first Friday in March and there be recorded at the expense of the applicant, said expense not to exceed twenty-five cents, and the original of said application shall be filed in said office. Sec. 95. Gates. No water shall be conveyed from a public ditch on any street across any sidewalk to any lot or block without there first having been constructed, under the direction of the watermaster, substantial gates both on the public ditch and in the ditch used for the conveyance of such water, which latter shall be kept closed and water-tight ex- cept during the. period when water shall pass in such ditch. Said ditch shall be made of lumber or other substantial ma- 107 a Revised Ordinances. terial, and the covering- of the same shall be on a level with such sidewalk. Sec. 96. To guard against damages. Where per- sons are obliged to convey water across land lying between their premises and the public water ditches the same shall be done with the least possible injury to property, both in constructing the necessary ditches, and in managing the water flowing therein, -provided^ that they shall have the right when cleaning such ditches to construct and keep in repair the banks to a sufficient height and width, to safely conduct the water through the ditch without overflowing the banks, and such persons shall be liable for all damages caused by negligence in the construction of such ditches or in the management of the water flowing therein. Sec. 97. Ditches for mill purposes, etc. Ditches along any street in the city used wholly or in part to con- vey water for mill and machine purposes or for irrigation on other land than city lots are hereby required to be main- tained in good order and to the satisfaction of the water- master by the parties interested, and all persons using wa- ter for any lawful purpose shall control the water distri- buted to them, and conduct the surplus or waste water into a public ditch, and shall not allow such water to flood the streets, sidewalks or private property to the damage there- of, or to run to unnecessary waste, and the watermaster is hereby authorized and directed to turn the water from all such persons who shall neglect, or fail to comply with these provisions, and when any person or company desires a race, levee, or embankment in any street of this city, in or- der to convey water to any piece of land, or for machinery, or to make a water ditch across any street, road or sidewalk, they shall before doing so, first obtain permission by grant from the city council, and that obtained, shall make and keep in constant repair all necessary bridges, culverts, or fords, where said ditch may cross any street, road or side- walk. Revised Ordinances. 107 h Sec. 98. Care-taking and unlawful meddling with water. It shall not be lawful for any person to take any of the water of this city except when it has been duly allotted to him, or in any manner change the current or flow of water used for any lawful purpose, or to destroy, or break any dam, gate, sluice or ditch used in diverting and con- trolling such water, or to injure or destroy any bridge, or in any way or manner obstruct or hinder the distribution of the water within this city, and excepting the general semi-annual cleaning of the public water ditches, as provided in section ninety of this ordinance, all owners of lots, or parts of lots, are hereby required to keep in constant repair and free from obstructions, the ditches in front of such lots or parts of lots, and in all cases to prevent the water from flooding the streets, roads and sidewalks; Provided, that this section shall not be construed to apply to any obstructions caused by freezing. ' Sec. 99. Appeal from apportionment, and water masters’ books and receipts. (rovtded^ that the salaries already fixed shall remain in force if not changed as provided in this section. The annual salaries of city officers are hereby fixed at the following amounts respectively: Mayor $ 75.00 Councilmen, each (20 cts. per hour for committee work ) 30.00 Recorder 160.00 Treasurer 140.00 Justice of the Peace 80.00 Marshal and assistants 600.00 Supervisor of Streets 150.00 City Poundkeeper Sexton Watermaster and assistants 300.00 Surveyor Attorney 125.00 Inspector of Buildings Sealer of Weights and Measures Superintendent of Water Works BOARD OF health: Health officer 20.00 Secretary Members, each Salaries shall be definite, Art. XXL Con. p. 4, g. Id. Not to be changed during- term, §225, p. 31. Justice pro tern.. 8242, p. 36. Sec, 236. Salaries, when paid. Salaries shall be paid in equal quarterly installments, at the end of March, June, September and December. The recorder shall issue Revised Ordinances. 147 warrants upon the cit}^ treasurer for the paynient of said salaries. FEES OF CITY OFFICERS. Sec. 237. Justice of the peace. Criminal cases. The city justice of the peace shall collect the following- fees: For docketing each case, twenty-five cents. For issuing supoena, including all witnesses required, twenty-five cents. For each venire, fifty cents. For hearing any motion or demurrer, for each hour or fraction thereof, fifty cents. For entering final judgment, filty cents. For each dismissal or continuance, twenty-five cents. For swearing the jury, twenty-five cents. For filing each paper, ten cents. For administering oath or affirmation to other than witnesses, twenty*five cents. For swearing each witness, ten cents. For preparing and certifying transcript on appeal and transmitting papers, one dollar. For all charges for making up and transmitting papers on change of venue, one dollar. For each warrant of arrest or search warrant, fifty cents. For each commitment to jail, fifty cents. For taking recognizance or bail, fifty cents. For entering judgment for fine or other punishment, fifty cents. For order of discharge to jailor, twenty-five cents. For hearing testimony or argument on the trial of a criminal case or proceeding, per day, three dollars; provi- ded^ that where proceedings in any case occupy portions of more than one day, not more than one per diem compensa- tion shall be charged unless the total number of hours occu- pied in the trial or hearing shall exceed six hours, in which 148 Revised Ordinances. case six hours shall be reckoned as a day for the purpose of fixing” per diem compensation. Sec. 238. The justice of the peace shall collect such, other fees as are provided for by law. Fees to be paid in full compensation, Con. art. XXI, Sec. 2, p. 5. Accounting- monthly, Sec. 10, p. 80. Civil fees, etc.. Sec. 978, pp: 296, 297. Sec. 239. Id. Marshal and police. The follow- ing fees shall be collected for the services rendered by the marshal and police: For serving summons, for first party served, one dollar; for each additional defendant served, fifty cents. For each copy of summons for service, when made by him, twenty-five cents. For levying writ of attachment or of execution, or for executing order of arrest or order for the delivery of per- sonal property, two dollars. For keeping personal property, such sum as the court may order; but^not more than three dollars per day shall be allowed for a keeper when necessarily employed. For taking bond or undertaking, including justifica- tion, fifty cents. For copies of writs and other papers, except summons, complaints, or subpoenas, per folio, ten cents; frovided^ that when correct copies are furnished to him for use, no charge shall be made for such copies. For serving any writ, notice, or order, except a sub- poena, for the first person, one dollar; for each subsequent person, fifty cents. For writing and posting notices of sale of property, one dollar. ^ For furnishing notice for publication, twenty-five cents. For serving subpoenas, each witness, twenty-five cents. For collecting money on execution, three per cent. For executing and delivering certificate of sale, fifty cents. For executing and delivering deed, two dollars. For each mile necessarily traveled in the service of any Revised Ordinances. 149 writ, order, or paper, except a warrant of arrest, in g'oing- only, fifteen cents. For each mile traveled in executing* a warrant of arrest, both in g'oing te and returning* from place of arrest, fifteen provided^ that in serving* any process in any criminal case, the marshal or police shall not be entitled to mileag*e for distance traveled outside the city, except such service be authorized in writing* by the attorney; and provided fur- ther^ that when traveling* in the performance of two or more services at the same time, including* the service of civil pro- cess or criminal warrants, or transportation of persons charged or convicted of a criminal offense, but one mileage shall be charged. - For arresting prisoner and bringing him into court, two dollars. For summoning a jury, one dollar. When in the cases prescribed by law, they shall per- form the duties of sheriff, they shall be entitled to collect the same fees that the sheriff would have been entitled to collect for such services. Sec. 240 . Id. Poiiiidkeeper. The poundkeeper shall collect the following fees: For taking into his possession any animal, or animals, if found together, fifty cents. For driving such animal or animals, each mile, ten cents. For advertising, including posting and mailing notices, one dollar. For each bill of sale, including filing copy with the re- corder, twenty-five cents; p?'ovided, that all animals sold to one person shall be included in one bill of sale. For branding, twenty-five cents for the first, and ten cents for each additional animal. For selling animals, five per cent, of the amount of the sale. For keeping animals, a reasonable sum, to be deter- mined by the market price of forage and pasturage at the time the animals are kept. 150 Revised Ordinances. Sec. 241. Id. Sexton. The sexton shall collect from those requiring his services the following fees: For furnishing and staining a plain coffin per foot running measure $1.00 For digging grave four feet in length and under .... 2.50 For all graves over four feet in length 3.00 All graves shall be not less than six feet in depth, and the above fees shall include the replacing of the earth in the graves dug bj said sexton. For carrying coffin to any part ot the city, per mile or fraction thereof $ .50 For furnishing and erecting head and foot boards 1.00 For describing the boundary of any lot 25 For conveying the dead from any part of the city to the burying ground 2.50 For recording as required in this article 25 Sec. 242. Id. Surveyor. The surveyor shall col- lect from those requiring his services the following fees: Per day $3.50 For part of a day, per hour 50 Sec. 243. Id. Inspector of buildings. The in- spector of buildings shall collect from those requiring his services: Per day ....... $2.50 For part of a day, per hour 50 Sec. 244. Id. Sealer of weights and measures. The sealer of weights and measures shall collect the follow- ing fees: For each examination, testing, sealing and certifying as required from the owner of the same, to wit: For any steelyards, beam, ground, floor, platform, counter, or other scales, by which may be weighed not ex- ceeding one hundred pounds, seventy-five cents. For any such instrument by which may be weighed over one hundred pounds and less than six hundred pounds, one dollar. Revised Ordinances. 151 Over six hundred pounds, one dollar and fifty cents. l^'or any nests or sets of measures, seventy-five cents. For any yard stick, dry or liquid measure, twenty-five cents. Sec. 245. Jurors injustices’ courts. Per diem and mileage. Every juror in a justice’s court who is sworn to try the cause, and every juror serving- at an in- quest, is entitled to one dollar and fifty cents per day, and for each mile actually traveled in attending- court or an in- quest, in g-oing-only, twenty cents. Sec. 246. Itl. Witnesses. Witnesses in justices’ courts and those attending- on inquests when legally required to attend, are entitled to one dollar per day, and for each mile actually traveled, in going only, twenty cents. Officers not entitled to fees, sec. 1005, p, 302, R. S. Double fees forbidden, sec. 1096, p. 302, R. S. Interpreters fees, sec. 1007, p. 302, R. S. Accounting- monthly-, sec. 10, p. 86. • Fees g-ene rally, secs. 1015-1033, pp. 63-65. Jurors and witnesses, secs. 999, 1000, p. 301, R. S. CHAPTER XIX. CLAIMS AND WARRANTS. Sec. 247. Form. Time of presentation. The city council shall not hear or consider any claim of any per- son against the city, nor shall the council credit or allow any claim or bill against the city, unless the same is item- ized, giving names, dates, and particular service rendered, nor until it has been passed upon by the recorder. If for materials furnished, to whom, by whom ordered, quantity and price agreed upon. Every claim against the city must be presented to the recorder within a year after the last item of the account or claim accrued. In all cases claims shall be duly verified as to their correctness and as to the fact that they are justly due, by the claimant or his authorized agent. If the council shall refuse to hear or consider 152 Revised Ordinances. a claim because it is not properly made out, it shall cause notice of the fact to be g-iv^en to the claimant, and shall al- low sufficient time for the same to be properly itemized and verified. Sec. 248. Id. Allowance or rejection. When the council finds that any claim presented is not payable by the city, or is not a proper city charge, it must be rejected. If it is found to be a proper city charge, but greater in amount than is justly due, the council may allow the claim in part, and may order a warrant drawn for the portion al- lowed. If the claimant is unwilling to receive such amount in full payment, the claim may be again considered by the council. Sec. 249. Officers not to advocate the claims of others. No city officer shall, except for his own ser- vices, present any claim, account or demand for allowance against the city, nor in any way advocate the relief asked in the claim or demand made by any other. Any person may appear before the council and oppose the allowance of any claim or demand made against the city. Sec. 250. Warrants. Registration. Payinent. Warrants drawn by order of the city council on the city treasury for current expenses during each year, must speci- fy the liability for which they are drawn, when they ac- crued, and the funds from which they are to be paid, and must be paid in the order of presentation to the treasurer. If the fund is insufficient to pay any warrant, it must be registered, and thereafter paid in the order of registration. Sec. 251. Certification of bonds and warrants. The city recorder shall endorse a certificate upon every bond, warrant, or other evidence of debt, issued pursuant to law or ordinance by him, that the same is within the lawful debt limit of the city, and is lawfully issued. He shall sign such certificate in his official character. Sec. 252. Id. Debt limit. Warrants for interest on the bonded debt, for salaries, and for the current ex- Revised Ordinances. 153 penses of the city, may be certified by the city recorder, to be within the lawful debt limit of the city, whenever the same, tog-ether with all other indebtedness of the city shall not exceed the amount of the indebtedness of the city at the time of the admission of this State of Utah into the Union, in addition to the whole amount of taxes of the city for the year in and for which such warrant or warrants are issued. Sec. 253. Recorder certifying, when protec- ted. Whenever the city council shall find or declare that any appropriation or expenditure for which a warrant or warrants are to be issued, was or is for interest upon the bonded debt, for salaries, or for the current expenses of the city, such finding or declaration shall conclusively protect the city recorder as to such facts, in certifying any warrant or warrants therefor to be within the lawful debt limit of the city. Peaalty, § 149, p. 7, CHAPTER XX. CITY SEAL, Sec. 254, Impression. The seal proyided for Ephraim city, circular in form, one and five-eighths inches in diameter, the impression on which is two circles, “Star, Ephraim City, Utah, star. Corporate Seal,’’ and within the inner circle, a representation of a beehive and branches; shall be, and the same is hereby established and declared to be the seal of Ephraim city. RAILROAD FRANCHISE. AN ORDINANCE GRANTING THE RIGHT OE WAY TO THE RIO GRANDE WESTERN RAILWAY COMPANY INTO AND THROUGH THE CITY OF EPHRAIM. Section 1. Be it ordained by the city council of the city of Ephraim: That the Rio Grande Western Railway Company is hereby authorized to locate, grade, and con- 154 Revised Ordinances. struct their said railway into and through this city; and the right of way is hereby granted to the said Rio Grande Western Railway Company to use and occupy the necessary portion of the east half of what is known as “B” West Street, beginning at the north side of Third North Street, the said point being three thousand three hundred and six- ty-six and three-tenths feet west, and two thousand six hundred and seven feet south of the northeast corner of sec- tion four, township seventeen south, range three east, Salt Lake Meridian, thence running south two degrees and ten minutes, west four thousand and thirteen feet to a point on the south side of Third South Street, said point being one thousand eight hundred and seventy-five feet east and one thousand five hundred and thirty-nine feet south of the southeast corner of said section four, township seventeen south, range three east. Salt Lake Meridian, and the said railway company is also authorized to lay all tracks, turn- outs and switches upon and along the said street necessary for the use of said railway company, and to run their loco- motives and trains of cars upon and over the same at such rate of speed and under such other regulations as may be, from time to time, fixed by the city council; provided, the rights and privileges above granted'shall not be exclusive or prevent the city council from granting to an^^ other rail- road company the right-of-way upon the same street in such manner as not to interfere with the rights herein granted. Sec. 2. The grant made in the preceding section is up- on the express conditions that the said Rio Grande Western Railway Company shall construct their road and grade to con- form to the grade of the streets across and upon which it is built whenever and wherever such grade may be established by the city council. Said railway company shall construct and keep in constant repair all crossings of said railway track, and all cross-walks and bridges wherever said rail- way shall cross any street, road, alley or sidewalk and all crossings rendered or made necessary for private use by reason of the construction or maintaining of said tracks for the use of the inhabitants on said street, and shall restore and keep in constant repair all water-sects, canals and ditches and flumes intersected by their said railway in the city, all to be done, kept in repair and constructed to the ac- Revised Okdinances. 155 ceptance of the street supervisor and watermaster. Said railway company shall not be permitted to dig- up or exca- vate any portion of said street; and all earth or other ma- terial necessary to the construction of said track shall be conveyed upon said street; and said track shall be so con- structed and maintained by said company as to leave the same in as safe and convenient condition as possible for the use of the public; said railway company shall run their trains into and through this city within six months from the date of the passage of this ordinance. Sec. 3. A violation of any of the conditions and stipu- lations mentioned in the preceding section, by said railway compan}’ shall render void and revoke the grant made in section one of this ordinance. Sec. 4. The preceding grant and each and every part thereof, and the conditions and stipulations hereinbefore contained shall be deemed and taken to be accepted by the said Rio Grande Western Railway Company upon their con- structing their said railway track upon said street, and im- mediately upon the commencement of the construction of said track, shall be considered and construed as a contract between the city of Ephraim by the city council thereof, and the Rio Grande Western Railway Company and shall be and remain in force and irrepealable as a contract during the corporate existence of the said Rio Grande Western Railway company unless the same shall, for breach thereof, be declared void, and forfeited by said railway company. AN ORDINANCE GRANTING A FRANCHISE TO THE SANPETE VALLEY RAILWAY COMPANY, TO CONSTRUCT AND OPERATE A LINE OF RAILWAY THROUGH AND ACROSS CERTAIN streets in the city of EPHRAIM. Section. 1. Be it ordained by the city council of the city of Ephraim: That the Sanpete Valley Railway Com- pany, a corporation duly organized under the laws of Utah Territory, its successors and assigns have the authority and consent of the city council, and the permission is hereby granted it, of constructing and permanently operating aline of railway in, through and across certain streets of the city of Ephraim as follows, to wit: Beginning at the north side 156 Revised Ordinances. of Third North Street, thence south on the west side of West Street to the south side of Third South Street. Also the right to lay a side track west of main track at depot. Sec. 2 That said main track of said railway, shall be laid to the east side of the west half of “B” West Street, as near thereto as can be safely done taking into considera- tion the present location of the tracks of the Rio Grande Western Railway Company already located and operated on the east half of said “B” West Street. Sec. 3. The conditions upon which this franchise is granted and accepted, are that said railway company shall at its own expense construct and keep in good repair all water sects crossing said street, and shall grade and ballast said street to the extent of one-half of the same, to wit: The west half, to the center of the street, making the grade of said street conform to the grade of the line of railway so laid or to be laid, said construction of water sects and the grading and ballasting of said street to the centre there- of to be done in such a manner as not to impede wagon tra- vel on the west half of said street, and to be done to the ac- ceptance and approval of the duly constituted acting water- master and street supervisor of the city of Ephraim; a fail- ure of said railway company at any time to keep or put said street in such condition for travel, shall be sufficient to authorize the city council upon due notice to said company to revoke this franchise. Sec. 4. And be it further ordained, that said grantee shall in all respects be subject to all such rules, regulations and ordinances of the city of Ephraim as now are or here- after may be enacted or adopted, and the penalties prescribed for their violation the same as other corporations and per- sons. RESOLUTION REGARDING LOCATION OF SANPETE VALLEY RAILROAD DEPOT. Resolved by the city council that said petition of the San Pete Valley Railway Company be granted in such a manner that the company be and is hereby given permission to keep and continue their said station building on the pres- ent location until such a time as the city council shall deem it necessary to order its removal from the street. Revised Ordinances. 157 CHAPTER XXI. RESOLUTIONS, contracts, AND FRANCHISES OF THE CITY PERPETUATED. Sec. 260. Friiiichises, Contracts, and Resolu- tions, Id. All franchises, resolutions, g-rants and con- tracts of the city in force and effect when the ‘’Revised Or- dinances” are passed and approved, and not repug’nant to the provisions thereof, are hereby perpetuated and con- tinued in full force and effect until the same shall be ex- pressly repealed. Passed by the City Council on the 1st day of May, A. D. 1899. Approved by the Mayor on the 1st day of May, A. D. 1899. J. P. Hanson, Mayor. By the Mayor. Attested: Adolph Hanson, Recorder. 158 ReVIvSED OkDINANCEvS, CERTIFICATE AND AUTHENTICATION. State of Utah, City of Ephraim. I, Adolph Hanson, Recorder of Ephraim City, do hereby certify that the foregoing- “Revised Ordinances,” containing 21 chapters, and sections numbered from 1 to 255 consecutively, was duly passed by the city council of said city, on the 1st day of May, 1899, by the following vote to wit: Yeas 5, Na}^s 0, and approved by the mayor of said city on the 1st day of May, 1899. That the foregoing is a full, true and correct copy of the original “Revised Ordinances” now on file in my office, and that the same is published by authority of said city. In testimony whereof, I have hereunto set my hand, and affixed the corporate seal of said city, on this 1st day of May, A. D. 1899. Adolph Hanson, Recorder of said City. APPENDIX F^ules and Order of BusiQess OF THE CITY COUNCIL. ORDER AND DECORUM. Rule 1. When any member wishes to speak, or de- liver any matter to the council, he shall respectfully ad- dress himself to the president, and shall not proceed until he shall have been recog-nized by him. Rule 2. While the president is putting* a question or a count is being had, no member shall speak or leave his place. Rule 3. No member shall speak more than once on the same general question, without the unanimous consent of the council, until every member desiring to speak, shall have spoken. Rule 4, If any member in speaking, transgresses any rule of the council, the president shall, or any member may, call to order, and the member so called to order shall imme- II Appendix. diately cease speaking* unless he explains or proceeds in order. Rule 5. The president shall decide all points of order subject to an appeal to the council. Rule 6. No person, not a member of the council, shall be permitted to address the same, except by consent of the majority of the council. ORDER OF BUSINESS. Rule 7. The order of business shall be as follows: 1. — Roll call. 2. — Prayer. 3. — Reading* of minutes of last meeting*. 4. — Presentation of petitions and other communica- tions. 5. — Unfinished business. 6. — Reports of committees. 7. — Reports of city officers. 8. — Claims. 9. — Miscellaneous business. Rule 8. — The first reading* of a bill for an ordinance shall be for information; it may then be committed, post- poned, laid on the table, or rejected, or it may pass to its second reading*, when it shall be opened for debate, amend- ment or such order as the council may make. Every bill shall receive three several reading*s in the council previous to its passag*e. The second and third reading*s may be by title. Rule 9. Whenever any ordinance or resolution is passed by the council it shall be sig*ned by the mayor, or if he did not preside at the passag*e thereof, the mayor pro tempore; the recorder shall add the date of the passag*e thereof, attest the same with his sig*nature and the corporate seal, and file the same in his office. Rule 10. Every motion or resolution shall be first Appendix. Ill stated by the president, or read by the recorder before de- bate, and immediately before putting- the question; and shall be reduced to writing- if the president or any two members desire it, and every member present shall vote. Rude 11. When a question is before the council, no motion shall be received, except the motions herein speci- fied, which shall have precedence in the order herein sta- ted: 1. — To adjourn. 2. — To lie on the table. 3. — For the previous question. 4. — To postpone indefinitely. 5. — To postpone to a certain day. 6. — To commit to a standing- committee. 7. — To commit to a special committee. 8. — To commit to the committee of the whole. 9. — To amend. Rule 12. The motion to adjourn, to lie on the table, or for the previous question, shall be decided without de- bate, and the motion to adjourn shall always be in order except: 1. — When a member is in possession of the floor. 2. — While the yeas and nays are being called. 3. — When the members are voting. 4. — When adjournment was the last preceding motion. 5. - — When it has been decided that the previous ques- tion shall be taken. Rule 13. A motion to adjourn to a given day is open to amendment and debate. Rule 14. A motion to lie on the table conditionally, is subject to amendments and debate. Rule 15. When a question is postponed indefinitely, it shall not be taken up again before the next regular meet- ing. Rule 16. A motion to amend an amendment shall be IV Appendix. in order, but a motion to amend an amendment to an amendment shall not be entertained. Rule 17. An amendment modifying" the intention of a motion shall be in order, but an amendment relating- to a different subject shall not be in order. RECONSIDERATION. Rule 18. No motion to reconsider any vote shall be in order, unless one of the majority voting- thereon shall move such reconsideration; a motion to reconsider being- put and lost, shall not be renewed without unanimous consent. THE PREVIOUS QUESTION. Rule 19. By a majority vote the previous question may be ordered on the main question (the passag-e of the bill, resolution or other matter under consideration ) or on any pending amendment; when moved on the main ques- tion it shall be as follows: ‘‘Shall the main question be now put to vote?” when moved on a pending amendment it shall be as follows: “Shall the amendment be now put to vote?” If the motion for the previous question on an amendment is carried, such amendment shall be immediately put to vote without further debate, motion or amendment. If the motion is carried that the main question be now put to vote, there shall be no further debate, motion or amendment, and the vote shall be taken (1) on pending amendments, if any, in their order, and (2) on the main question. If the mo- tion for the previous question is lost, the council shall pro- ceed with the question and motions pending, the Same as if the motion for the previous question had not been made, but such motion shall not be renewed until there has been further debate or amendment. EXECUTIVE SESSIONS. Rule 20. Whenever confidential communications are Appendix. V received from any officer of the city, or whenever the presi- dent or any other member shall inform the council that he has communications to make which he conceives oug*ht to be kept private, the council chamber shall be cleared of all persons except the members, recorder, marshal and attor- ney, and so continue during- the reading- or receiving- of such communications, and (unless otherwise ordered by the council) during- all debate and proceeding-s to be had thereon. Rude 21. Any member or officer who shall disclose the confidential business or proceeding-s of the council, shall be reprimanded by the president for the first offense, and for the second offense he shall be liable to suffer ex- pulsion, if a member; and if an officer, to dismissal from service. . COMMITTEE OF THE WHOLE. Rule 22. When the council shall be ready to g-o into committee of the whole, the president shall appoint a chair- man to preside therein. The same rules shall be observed as in the council so far as applicable; except that the “pre- vious question” shall not apply, nor shall the number of times a member may speak be limited, nor the yeas and nays taken. Rule 23. A motion to rise and report shall be in or- der at any stag-e, and shall be decided without debate. Rule 24. Bills for ordinances and other matters shall be considered in committee of the whole, in the following- manner, viz: they may be first read throug-h if the commit- tee so direct, otherwise they shall be read and considered by sections, leaving- the title to be last considered. STANDING AND SPECIAL COMMITTEES. Rule 25. The standing- committees of the council shall be appointed by the mayor bi-ennially, on entering- upon the duties of his office, and shall consist of not less VI Appendix. than three members each, and the first person named on the committee shall be the chairman thereof. The following- shall be the standing- committees of the council: 1. — On Finance. 2. — On Claims. 3. — On Police and City Prison. 4. — On Public Grounds and City Property. 5. — On Streets and Lig-hting-. 6. — On Irrigation and Water Works. 7. — On Engrossing and Printing. 8. — On Fire Department. Rule 26. All special committees shall consist of three members each, unless some other number be specified, and the first person named shall be chairman. Rule 27. Every special committee shall be appointed by the president, unless otherwise provided in the motion for appointment. Rule 28. On the acceptance of a final report from a special committee, the said committee shall be considered discharged. reports of committees. Rule 29. Standing and special committees, to whom references are made, shall in all cases report thereon at the next regular session of the council in writing. DUTIES OF RECORDER. Rule 30. The recorder shall forward or deliver every paper referred, to the chairman of the committee, not later than three days after the reference shall have been made. Rule 31. If the recorder shall be more than thirty minutes late in attending any meeting of the council he shall forfeit the sum of one dollar for each and every time it shall occur. Appendix. VII Rule 32. If any member of the council shall be more than thirty minutes late to any council meeting-, the recor- der shall desig-nate the same by proper marks on the roll, and said member shall forfeit the sum of one dollar. SUSPENSION AND AMENDMENTS. Rule 33. These rules may be temporarily suspended by a two-thirds vote of the members present, but not to be repealed or amended unless by the concurrence of two- thirds of all the members of the council. TABLE OF CONTENTS. IX Page. Title. Date of Incorporation I Revisor’s Certificate of Appointment . II City Officers and Committees for 1898-9 . Ill Boundaries of the City IV Constitutional Provisions I to 5 Statutory Provisions 6 to 83 Revised Ordinances .84 to 154 Certificate of Passage and Approval 154 Certificate of Authentication 155 APPENDIX. Rules and Order of Business of the City Council I to VII Index to Constitutional Provisions IX Index to Statutory Provisions X Index to Revised Ordinance ... XIV INDEX TO CONSTITUTIONAL PROVISIONS. Accounting- for fees Aid, public, to church schools forbidden - Borrowed mone 3 " to be applied on debts only Cities not to take stock in priv^ate concerns Contractors, extra pa.v forbidden Credit, public, lending forbidden Corporation employee not to hold office Day’s labor, eight hours Debts not to exceed revenue Extra compensation forbidden Employee of corporation not to hold office Eight hours, day’s work .... Fees, legislature to provide Id. Accounting- for Indebtedness not to exceed revenue Id. Exception when Id. Limit of ' Id. For cit 3 ' purposes onlv Id. Existing not impaired Lending public credit forbidden Limit of indebtedness Municipal powers not to be delegated Municipalities must not sell water works or rights Oath of office Officers, extra compensation forbidden Salaries fixed, to be paid officers 'Waterworks or rights must not be sold .• Water rights confirmed Sec. A KT, Page. 2 XXI 5 13 X 2 5 XIV 4 31 VI 2 30 VI 1 31 VI 2 17 XII 3 6 XVI 4 3 XIV 3 30 VI 1 17 XII 3 6 XVI 4 2 XXI 5 2 XXI 5 3 XIV 3 3 3 4 “ 3 4 3 7 “ 4 31 VI 2 4 XIV 3 20 VI 1 6 XI 2 10 IV 1 30 VI 1 1 XXI 4 6 XI 2 1 XVII 4 INDEX TO STATUTORY PROVISIONS Sec. Arrest without warrant 247 Assessments, special taxes 252-282 Annual financial statement 231 Bail coxvimissioners, appointment. . 249 duties, etc 249, 250 Annual TAX : 253 Charters repealed: effect generally 311 upon ordinances 311 upon rights, officers 211 class: three classes 174 change of 175 proclamation 175 effect 175-179 judicial notice 176 legal results 177 ordinances 178 officers not affected 179 Contracts: officers not to be interested in 222 interested in, penalt 3 ' 223 recorder to countersign 229 Council, general provisions: member not to hold created office.. 220 qualifications 183 b>’ whom elected . 184 election , 887- 891 vacancies, how filled 179 compensation not changed 225 expulsion of member 198 to determine rules of proceeding 198 (quorum , 200 reconsideration of vote 203 reijorts, when deferred 204 five members, third class cities 182 ma^'or presides in third class cities 188 meetings, majority is quorum 200,201 attendance compelled 200 time and place prescribed 201 at least one each month 201 special call, notice 201 to be public 202 jourual 202 voting, yeas and nays 202 special, rescinding vote 203 committee reports 204 appointment and removal of offi- cers 214, 215 Sec. Pge. Council, powers of: general 206 13-27 alley s, etc , to la>’ out, etc 255 40 bomls, paving, etc., issue 261 43 curbing, etc., issue 263 44 limit of debt 272 49-50 for water, etc . . . 308-310 56-57 recorder to certifv 146-149 6, 7 duties of officers, define... . 227 31 elections, appoint judges . 809 63 canvas votes 891 62 electricit 3 ", bonds for ...303-310 56,57 gas, bonds for ....308 -310 56-58 connections 271 49 gutters, bonds for 263 44 health, create board 1105 65 regulations, make 1109 66 libraries, establish, maintain.... .1369-1371 69 liquor ..206, 1242-1256 19,66 lighting bonds, issue ....308-310 56-58 liquor, license . 206, 1242-125f 19-66 paving streets, etc ... 255-282 40-53 pave intersections 259 42 pave and repair ... 266-270 46-48 sewers, build, repair 255 40 connections . 271 49 bond to construct ....308-310 56,57 sidewalKs. lay out, etc ...255-282 40-53 paving, etc .. .255-282 40-53 streets, change of grade... ....255-282 40-53 curbs and gutters . ..255-282 40-53 lay out, etc 255 40 repairs, costs, etc ...... 280 52 changing grade, damages . 282 53 taxes, lew and collect . . .. 253 39 water, bond for ....308-310 56-57 connections 271 49 control courses 279 52 fix rate 278 52 waters of, special tax to maintain. etc 279 52 Damages: change of grade, liability of citv 282 53 for negligence of cit 3 ’, claim, pre- sentment, bar 312, 313 58 notes 312 58 Election: general municipal 887-891 62,63 Pge 40-83 33 38 38,39 39 57-58 57-58 57-58 7 8 8 8, 9 8 8 8, 9 9 30,31 31 32 31 9 10 62-63 9 31 11 11 12 12 12 9 10 12 12 12 12 12 12 12 12 12 12 29 Index. XI Sec. Pfje. registration 816, 817, 821, 890 60-62 biennial 887 62 terms of officers 887 62 qualifications of electors 889 62 judges, appointment 890 62 general law governs 890 62 canvass 891 63 certificates of election 891 63 tie vote 891 63 Fiscal year: begins when 252 39 Fines: how recovered 208 28 mayor may remit 189 iO to be paid into treasury 209, 243 28,37 imprisonment until paid 210 28 credit convict labor 211 28 limitation upon 206 27 Justice of the peace: election, term of office 213,887 29,62 jurisdiction under ordinances 206, 239 27,35 practice, appeals,... 208, 210, 240 28,36 jury, criminal cases, when allowed 241 36 vacancy 242 36 disqualification 242 36 salary 242 36 fines paid to city treasurer 243 37 warrants, to whom issued 212, 244 28,37 Criminal procedure: jurisdiction extends to limits of county 5124 73 complaint, what to contain 5125 73 demurrer to complaint 5136 75 warrant of arrest 5126 73 bail 5169 82 docket of 5127 73 arraignment 5128 73 Trial: complaint read to defendant 5128 73 name of defendant, amendment 5129 74 pleas, kinds 5129 74 oral, entered on minutes 5130 74 of guilty, examination 5130 74 competency of witnesses 5172 83 postponement 5135 75 change of venue 5132-5134 75 court to decide questions of law only5143 76 jury, waived unless demanded.,5131, 5139 74-76 formation, challenges 5140 76 oath 5141 76 duty 5142 5145 76-77 Sec. Pge. oath of officer 5144 77 verdict, how delivered 5145 77 as to part of defendants 5146 77 form of 5147 17 when jury discharged 5148, 5150 77 re-trial 5149 77 sickness of juror, procedure 5150 77 New trial: motion, form, when made 5151 78 in what cases granted 5152 78 Judgment; motion in arrest, grounds,effect 5151,5153 78 time for pronouncing, postpone- ment 5154 79 plea of guilty, fine, imprisonment... 5155 7o acquital, complainant to pat' costs.. 5156 '|9 fine, how enforced 5157 79 of imprisonement, procedure 5158 79 fines, etc. .paid into countt' treasury 5159 80 sentence, limit, note 5154 79 Appeal: taken within thirty days 5160 80 how taken, undertaking 5161 80 notice of filing, service 5162 81 transmission of papers, deposit 5163 81 undertaking for attendance of wit- ness! 5164 81 effect of, ground for dismissal 5165 81 complaint dismissed on, when 5166 81 procedure if complaint not dis- missed 5167 82 General provisions: may issue subpoenas 5168 82 bail procedure 5169 82 contempts, procedure 5170 82 entitling papers 5171 82 competency of witnesses 5172 83 may depute person to act as consta- ble. ... 5173 83 Limits: extension, petition, proceedings 287 53,54 ordinance declaring 287 53,54 plat recorded 287 53,54 restriction, petition, proceedings.. .. 288 54 commissioners adjust terms 289 55 report 290 55 decree of court 290 55 recording, costs 292 56 court may order, tax levy 291 55 Marshal: election, term of office 213,887 29,62 XII Index Sec. Pge. and police 245 37 ex officio chief of police, when 248 35 duties and powers 248 38 Map of city; to be filed 196 11 Money paid into treasury Z09 21 Hayor: by whom elected 1S4 10 election 887 62 qualifications 183 9 when not to Ijold other office 224 31 chief executive officer 185 10 vacancy, how filled 186 10 ma^-or pro tern 185 10 removal from city vacates office 187 10 appointive power 214,249 29-38 third class cities presides over council 188 10 vote in council, tie 188 10 power to remove officers. .. 215 29 powers and duties 1S9-196 10,11 to file map when 196 11 vacancies filled by 214 29 remit fines, etc 189 10 may inspect books, etc 191 10 recommendations to council 192 11 call citizens to enforce law 193 11 appoint revisors of ordinances 194 11 approve officers’ bonds 216 29 suspend treasurer, when 236 35 misconduct, penalty 219 30 may solemnize marriag-e, note 89 Name: aetions and contracts in 180 9 Officers; elective, terms 213 29 election, g-eneral 887-891 62-63 appointed by mayor, with consent . 214 29 vacancies filled by mayor 214 29 appointive, term of office 215, 888 29,62 removal by mayor 215 29 by council 215 29 oaths and bonds 216-218 29-30 additional bonds 218 30 bonds filed where 218 30 misconduct, penalty 219 30 delivery of books to successors 220 30 must be qualified electors 221 30 defaulter inelig-ible to office 221 30 not to be interested in contracts. .222, 223 31 bribery, penalty 223, 31 compensation fixed by ordinance... 225 31 ! Sec. Pg'e. increa.se, etc., forbidden 225 to hold created of- fice 226 duties, etc., fixed by ordinance 227 31 Ordinances; not affecled by change of organiza- tion 178 8 by repeal of charter 311 57 publication or posting 205 12-13 in effect when 205 12-13 how proved 205 12-13 record of 205 12-13 revision publication unnecessar3v. 205 12-i3 duties of officers fixed by 227 31 jurisdiction of justice under 206, 239 27,35 to protect water suppl3' 206 15 appointment to revise 194 11 power of council to pass 206, 207 27 define mode of exercising powers 207 27 action for violation, in name of city 208 28 action for violation, bar 208 28 pleading 210 28 imprisonment 206, 211 27,28 salaries to be fixed b3’ 225 31 duties of officers fi.xed 63' 227 31 Police: chief, duties and powers 245 37 have powers of constable 246 37 execute process 246 37 general duties 246, 247 37 arrest without warrant 247 37 special appointment 248 38 governed b3' special statutes 4539 uia3" be ordered to preserve peace at public meetings 4540 72 bail commissioners, appointed 249 38 oath and bond.. 250 38 duties, etc 249-251 38-39 Powers as bodies corporate 180 9 Process, WHO MAY serve 212,244,246 28,37 Property, may hold, etc , 180 9 Recorder; where to keep his office 228 32 duties 228 32 election, term of office 213, 887 29,62 acts as auditor, when 230 32 orders on treasurer 230 22 countersign cit3' contracts 229 32 contracts void unless signed by 229 32 annual financial statement b3" 231 33 to certify bonds and warrants to be within debt, limit, exception 146, 147 <, Index. XIII Sec. Page Recordei*, ma.y Issue liquor license . . .1248 68 Repeal of cit3' charters, effect 311 57 Rights not affected bj' general act 177, 178 8 Seal ]£0 9 Streets, etc., paving, etc 255, 282 40-53 Changing grade, damages 255, 282 40-55 Taxes, general: fiscal year, begins Jan 1 252 39 levy by council in Jul>" . . .253 39 limitation on amount 253 39 levj' certified to count>’ clerk 254 40 purposes of 253 39 assessment, collection, etc 2687-2690 70-72 Taxes, special for improvements, etc: power to make local improvements 255 40 for oicinarv repairs 256 40 paving clisti icts 256 40 honds 260 42 laj.es, assessment 257,258 41 delinquency 258 11 railway intersections. . . 259 42 city bonds 261 43 “lot,*’ “lands,” “street,” defined .... 261 43 according to benefit 262 44 curfing and guttering, district bonds 263 44 not void for error, etc. 264 45 action to recover 264 45 equalization 265 45 railways, to pave and repair 266 46 failure, lev^- 267 47 seizure and Sale 268 48 ac ion, defense 269 48 bat. r gas and sewer connections 271 49 bonded debt, limit ‘ ^72 49 intention to tax, notice . . .273 50 to be equitable, how' levied .. .274 50 lev3’, description of 275 51 total cost in one 276 51 when made 277 51 Sec. Pge, notice of delinquency 278 51 for other purposes 279 52 for irrigation, acreage tax 279 52 repaving and repairs distinguished. 280 52 special assessment, lien 281 53 rnone^" kept separate. . 238 35 Treasurer: election, term of office 213, 887 29, 62 duties 232 34 bond, amount 316 29 Warrants only, money paid on 233 34 paid in order . 234 34 shall give receipts 235 35 keep city mone^^ separate 236 35 making profit of public monej" for- bidden 236 35 registry of warrants 237 35 reports 237 35 special fund kept separate 238 35 fines paid to 243 37 to collect taxes 2683 72 Warrants: recorder to certifj' 146-149 6-7 treasurer to pay "money on 233 44 paid in order 234 34 registry 237 35 to wffiom issued 244 37 of arrest, executed by whom .212, 244-246 28-37 particularized in annual statement 231 33 Water and water-works: power of coancil over— see -‘council supra. special tax to maintain, etc 279 52 general tax to maintain, etc 253 39 bonding for 308-310 56-57 ordinance to protoct, jurisdiction 206 15 Year: fiscal year begins January 1 ..252 39 Index to Statutory Provisions for 1899 . Elective officers, terms, etc,, as amended 213 29 Recorders financial statement, as amended 231 33-4 Powers of city councils relative to re- moval of railroad tracks, erec- tion of gates, viaducts, etc . 1-2 83a Expenses of assessing taxes I (2695) 83b Nuisances injurious to health defined punishment provided, etc. lto8 83b to 83d Contagious diseases defined and rules and regulations for control pro- ....9 to 11 83dto83e Quarantine rules 12 to IS 83e to 83g Burial permits required, how i.ssued etc 19 to 23 83gto83h Health of schools, jurisdiction, etc 24 to 26 83h XIV, Index INDEX TO REVISED ORDINANCES. A Sec. Accounting-, all officers monthly 10 86 Appointments b3’ ma^or 23 88 Animals impounded, notice of sale of.. 72 89 claimants of .... 73 100 bill of sale 74 100 record of 74 100 disposition of proceeds for 75 101 running- at larg-e 76 101 penalt3- for taking from officer 77 101 Attorne3', duties of 103 108 shall keep docket 104 109 B Bond of officers 15 87 approval of 16 87 amount of 17 87 where filed 18 87 Barb wnre fences forbidden 67 96 Building inspector, duties of 105 109 penalty for obstruction 108 110 Buildings, chimne3"S of 106 109 safety of public from fire 107 109 dangerous 109 110 Butchers, license, etc 140-1 121 “ “ 142-5 122 Billiard tables, license for 168-9 129 Births, rules for recording 119 113 Burials “ “ 119 114 C Council, time of meetings 25 89 Carriage steps, where placed 63 97 Cemetery, sale of lots in 82 103 headboards, etc 83 103 penalt3' for injur3' 85 104 burials must be in 86 104 plat of 87 104 Crimes, abusive language 178 132 ' cruelty to animals 179-80 132 driving through city 181 132 assault and battery 182 132 bathing in cit3' 183 133 concealed w-eapons 184 133 defacing and destroying propert3' 185 133 discharging guns 186 123 disorderly houses 187 133 disturbing the peace 188 134 disturbing elections 189 134 disturbing religious meetings . .190 134 drugs to be labeled 191 134 drunkenness 192 134 enticing minors 193 135 Sec. Pg. Crimes, escape of prisoners 194 135 aiding or abetting same 195 135 taking weapons to prisoners ... 196 135 faise pretenses 197 135 fighting 198 136 selling unwholesome food and liquors 199 136 trespass of fowls .... 200 136 gambling housss 201 136 gambling 202 137 interfering with officers 203 137 lottery forbidden 204 137 obscene literature or conduct 205 137 opium dens forbidden 206 138 petit larceny . 208 139 posting bills without permission . .209 139 destroying posted ordinance, etc. 210 139 profanity 211 139 reckless driving 212 139 riot defined, etc 213 140 “ suppressing 214 140 trespass 215 140 vagrancy 216 140 insulting females 218 141 obstruction, thoroughfares 219 141 Claims . . .247 151 allowance or rejection 248 152 officers not to advocate 249 152 Certification of bonds and warrants. . . 251 152 within debt limit 252 152 recorder protected 253 152 Curfew', time 232 145 bell to be rung — '. .233 145 penalt3’ 234 1-+5 closing time of dances, etc 148 124 D Dogs, registered and taxed — 172 130 collars and numbers 173 131 female in heat. 174 131 not permitted in churches 175 131 dangerous, not at large .. ..176 131 penalty for killing 177 131 Driving, reckiess 212 139 Drains, unclean 222 142 Dancing halls closing 148 124 E Elections, municipal, when 13 86 officers to be elected ..13 86 how held 14 86 F Fences, barb wire forbidden 61 9o Fow'ls, must not trespass 200 136 INDEX. XV Sec. Pg-. Food, unwholesome 199 136 Females, insulting- 218 141 Fees and salaries 225 146 justices 237 147 marshal and police 239 148 poundkeeper 240 149 sexton 241 150 snrve3^or 242 150 jurors 245 151 witnesses 246 151 inspector 243 150 sealer 244 150 G Gates to swing inward 60 96 Gambling houses forbidden 2)1 136 Gambling forbidden 202 137 H Hitching posts defined 59 96 Health, board of, eetablishment 114 111 duties and powers 115 112 dut3' of health officer 116 112 dut_v of clerk 117 113 penalt.v for violating rules of 118 113 rules for recording births 119 113 burials 114 quarantine 114 I Irrigation, period of 92 106 apportionment of water 88 105 Id, appeal from 99 I07b transferring water 94 107 gates, etc 95 107 J Justice of the peace, duties of 33-34 90 report so council 33 90 L License, implied power to 6 85 must be obtained 128 118 application, etc 129 118 assignment 130 H8 time in 131 ng free when 12i ng penalti" for violation I33 119 auctioneer’s I34 119 banker’s, broker’s I35 119 merchant’s 136 119 hotels ' 137 120 restaurants 138 120 livery stables I39 120 butchers 140 120 slaughter houses 141-5 121 peddlers and hawkers 146 122 Sec. Pg. Licenses, pa3'able in advance 147 123 miscellaneous 148 123 liquor license 149 124 classes 150 125 amount 151 125 selling without 155 126 judgment for 156 126 billiard tables, etc 168 129 Liquor, intoxicating, not to be sold to females 152 125 insane or idiotic 153 125 on Sunday 154 126 no gambling, dancing, etc. on premises 154 126 selling on election day 157 127 selling on doctor’s prescription 158 127 proclamation forbidding sale of 159 127 penalt3' for violating 160 128 minors must not be in saloon 161 128 M Mayor, duties of 19 88 “ 24 89 may offer rewards 20 88 ma3' remit fines 21 88 grant pardons 21 38 report to council 22 88 appointments b3' 23 88 Misdemeanors, (eee crimes) Marshal, powers and duties of 35 to 42 91 keep register 36-38 91 receipt for property 37 91 to be jailor 39 91 Minors, not to be in saloon 161 128 tobacco not to be sold to 165 129 not to use narcotics I66 129 exceptions i67 129 restrictions or. 170 130 N Nuisances, slaughter house, etc 221 142 number of stock to be kept in city 220 142 unclean drains, etc 222 142 vegetable waste 223 143 barns, pig sty. etc 224 143 dead animals 225 184 unsound food, etc 226 144 miscellaneous 227 144 police to report 228 144 health officer to abate 229 144 penalt3" for violation 230 144 notice to abate 231 145 XVI INDEX Sec. Pg^. O Ordinances, revised 1 84 existing repealed 1 84 accrued rights not affected 2 84 meaning of words in 3 85 penalty for violating general 4 85 who liable to penalty under 5 85 when goes into effect 8 85 constitution and laws same effect 9 85 revised take effect when..,. 12 86 Officers, elective 13 s7 oath and bond of 15 87 appointive 23 88 monthly accounting of... 10 85 annual reports of 11 85 personating 207 138 refusing to perform duty 217 141 Obstruction of streets 47 93 action for removal SO 94 removal without action 51 94 penalty for maintaining 55 95 P Police (see marshal) regulation for 40 92 oath and duties of 41 92 report nuisances 228 144 Prison regulations 40 92 Pound, established ",0 98 Poundkeeper. duties of 71-4 99 record and report 78 102 Quarantine rules 114 R Recorder, may appoint deputy . : ...... 26 89 may administer oath 27 89 report to council 28 89 duties of 29 90 Revenue and taxation 120 115 Reports, annual of all officers 11 86 Railroad franchise, R. G. Western 153-5 Sanpete Valley 155-6 Resolutions etc, perpetuated 255 157 S Saiaries 235 146 when paid 236 146 Seal, corporate 254 153 Streets, meaning of 7 85 names, etc 43 92 encroachments of 47 93 notice to remove 48 93 penalty for obstructing 49 03 action for removal 50 94 Id. without action 41 04 Id. cost of,eic 52 04 See. P^. Streets, excavation of 53 94 liabilit3" in occupjing 54 95 penalt3" for damage to 55 95 obstructions defined ....... 56 95 games on forbidden 58 96 Sidewalks, shade teees along 45 93 penalt3’ for failure to repair 46 93 penalty for driving on 57 96 Supervisor of streets, duties of 64-65 97 work prisoners 66 98 appoint assistants .. 67 98 report quarterl3* 68 98 care of tools, etc r.... 69 98 collect snd expend poll tax 121*127 115 Surve3"or, duties of 101, 102 108 Sexton, duties 01 79 to 84 102 registrar of deaths 70 102 report of 80 103 deput3’ 81 103 to sell cemeter3" lots 82 103 Sealer of weights and measures duties of 110*113 111 Slaughter houses 141 120 142-145 121 “ “ 221 142 Saloons, minors not admitted 161 128 opening and closing 162 128 how arranged 163 128 Sunda3’ closing 148 124 T Treasurer, duties of 30 90 “ 32 90 deput3' 31 90 report to council 30 90 Teams, must be secured 62 97 Trespass 215 140 Taxation, assessment and collection... 120 115 poll tax 121*127 115 W Water record 88 105 public ditches defined 89 105 Watermaster, duties of 90-1 105 to aoportion wafer 88 105 Water, apportionment for irrigation... 88 105 damage by 96 107a unlawful interfering with 98 107b penalty for 100 197b ditches for mills, etc.. 97 107a Weights, to be tested 112 HI false Ill 111 Warrants and claims 247 151 registration, payment 250 152 certification 251 152 ERRATA Pag-e 27. Sub. 88, line 12, strike out “not” after “sum.” Pag-e 37, Sec. 247, line 1, add “force” after “police.” Pag-e 46, Sec. 266, line 13, “provided” should read re- quired.” Page 48, Sec. 269, line 7, “thereof” should be “therefor.” Page 52, Sec. 279, between lines 22 and 23, insert “dis- trict, or according to such other rule as the council may adopt for such distribution or adjustment of such costs upon the lots or real estate of such” Page 54, Sec 287, line 8, “property” should be “territory.” Page 69, Sec. 1369, alter line 16, insert “be levied and collected as other general taxes of said city or town, and shall be known as the ‘library fund,’ pj'ovidcd, that such tax shall” Page 112, Sec. 115, in line 14 in lieu of “be the” read “provide a” Page 123, Sec. 148, in line 23 in lieu of “$5.00” read “$2.50,” and omit the word “dancing.” md