the treasurer in case a sufficient amount of money shall remain in the treasury to pay all warrants issued previous to such warrant. [C. L. § 1778.

235. Receipts. The treasurer shall give every person paying money to the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the auditor or recorder as the council may direct at the date of his monthly report. [C. L. $ 1779*.

236. Public money to be kept separate. The treasurer shall keep all money belonging to the city separate 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 the 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. [C. L. § 1780*.

237. Reports. Registry of warrants. The treasurer shall report to the city council at such times as may be prescribed by ordinance, giving a full and detailed account 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, describing 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 report. [C. L. § 1781.

238. Special funds. All moneys on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever. [C. L. § 1782.

CHAPTER 9.

CITY JUSTICE OF THE PEACE.

239. Jurisdiction. The city justice of the peace shall have exclusive original jurisdiction of cases 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. [C. L. § 1790%; '92, p. 24*. Limitation on punishment under ordinances, ?2 206, sub. 88.

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 judgments of a city justice's court an appeal may be taken by either party in a civil case, or by the defendant in a criminal case, to the district court of the county, in the manner provided by law for appeals from justices' courts in similar cases. [C. L. § 1790*: '92, p. 24.

Appeal. 5160-5165.

241. Jury trial. All actions before a city justice arising 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 longer 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 impaneled in the same manner as provided for the impaneling of a jury in other justices'

courts.

N. Dak. (1895) 1⁄2 2206*.

242. Vacancy. Disqualification. Salary. If a vacancy shall occur in the office of a city justice, the mayor, by and with the consent of the city council, shall forthwith 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 such 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 within the county to act as city justice of the peace pro tem., 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 receive such salary for his services while exercising jurisdiction under the ordinances and by-laws of the city as may be prescribed by ordinance. ['92, p. 25*; '94, p. 12*.

May be paid a salary, Con. art. 21, sec. 1.

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. [C. L. §§ 1757*, 1816*.

Payment into treasury, 209.

244. Warrants, to whom issued. All warrants issued by the city justice for the violation of any general 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. [C. L. § 1794.

Authority to sheriff or constable to serve process, 212.

CHAPTER 10.

MARSHAL AND POLICE.

245. Chief of police. Duties. The chief of police shall in the discharge of his duties have like powers, and be subject to like responsibilty as sheriffs and constables in similar cases; and he shall suppress riots, disturbances, and breaches of the peace, and apprehend all persons committing any offense against the laws of the state or the ordinances of the city. And at all times he shall diligently and faithfully discharge his duties and enforce all ordinances and regulations of the city for the preservation of peace and good order, and the protection of the rights and property of all persons. [C. L. § 1793*; '94, p. 41*.

It is the right of the military authorities to station a provost guard in a city to arrest any soldier who shall violate any city ordinance. Ex parte Bright, 1 U. 145. For decisions concerning the power and method of removal under the fire and

police act recently repealed, see Eslinger v. Pratt. U.; 46 P. 763. Gilbert v. Board of P. and F. Com'rs, 11 U. 378; 40 P. 264. Pratt v. Com'rs, de cided June 14, 1897.

246. Police officers. Powers and 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 nuisances existing in the public streets, roads, and highways, enforce every law relating to the suppression of offenses, and perform all duties enjoined upon them by ordinance. [C. L. § 1795*.

247. Id. Arrests. The several members of the police force 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

officer, or within his view, any breach of the peace or any offense directly prohibited by the laws of this state or by any ordinance. [C. L. § 1796.

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 authority 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 prescribed by ordinance. [C. L. § 1793*; '94, p. 41*.

General appointive power in cities, ? 214.

249. Bail commissioners. The mayor of any city in this state may, by and with the consent of the city council, appoint from among the officers and men in the police department of said city, one or more discreet persons to be known as bail 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; provided, that any person who has been ordered by any such bail commissioner to give bail, may deposit the amount thereof in money with such bail commissioner. ['96, p. 309.

250. Id. Oath and bond.

Commissioners appointed under 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 the city council, all moneys, bonds, property, and records coming into their hands as such commissioners, and that at the expiration of their term of office, they will surrender and turn over as aforesaid all funds, bonds, property, papers, and records pertaining to their respective offices, then in their hands. Suit upon

any such bond may be brought by any county, city, or person injured. ['96, pp. 309-10*.

251. Id. Filing. The oaths of office and bonds of said commissioners shall be filed with the city recorders of their respective cities. ['96, p. 310.

CHAPTER 11.

GENERAL TAXES.

252. Fiscal year. The fiscal year of cities shall commence on the first day of January. [C. L. § 1797*.

Con. art. 13, sec. 1.

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 contingent 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 purposes.

3. Not to exceed five mills on the dollar to open, improve, and repair the streets and sidewalks.

4.

drains.

Not to exceed five mills on the dollar to construct and repair sewers and

[C. L.

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. § 1798*; '92, p. 74*.

Power to levy taxes, 7 206, sub. 3. Street tax, 206, sub. 82. License tax. 2 206, sub. 87. Legislature not to levy tax for city purposes, Con. art. 13, sec. 5. Poll tax, 1743. Special taxes generally, 22 255-282. Special or local taxes for water, 279. Where defendant lived on a farm outside the city, and beyond the benefit of municipal expenditures, an act of the legislature subjecting his property to municipal taxation was not rightful legislation, and was in violation of the constitution of the U. S., amendment 5, providing that private property shall not be taken for public use without just compensation. People v. Daniels, 6 U. 288; 22 P. 159. A municipal corporation which is a small village, but having extensive limits, cannot tax farming lands for municipal purposes lying within the cor

porate 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, affirming Territory v. Daniels, 6 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 situated one mile away from the platted portion of the city, but where a street extended 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 People v. Daniels, 6 U. 290. 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 passage of the same. ['92, p. 74*.

CHAPTER 12.

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 grounds, 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 construct 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. ['90. pp. 54-5*

Power to establish and improve streets, etc., 206, sub. 8.

ΤΟ

256. Special taxes. Ordinary repairs. Paving districts. 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, or which may be especially benefited by any of said improvements: provided, that the above provisions shall not apply to ordinary repairs of streets or alleys, and that one-half of the expense of bringing 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 numbered, such work to be done under contract. ['90, p. 55*.

The legislature has no power to levy or authorize a municipality to levy a local tax for general purposes. Bromley v. Reynolds, 2 U. 525. Where a city has power to levy taxes by local assessment for certain purposes, permanent in their nature, and

for other like purposes, but street sprinkling, not being included in the enumeration, and not being a "like purpose" to those enumerated, is excluded. and a local tax levy to provide for street sprink ling is void. Pettit v. Duke, 10 U. 311; 37 P. 568.

257. Paving taxes, how levied. The cost of paving, 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 assessed 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. ['90, p. 55.

258.

Id. When delinquent. Collection. Supplemental assessment. The assessments of special taxes for paving purposes herein provided for, shall be made as follows: The total costs of the improvements shall be levied at one time upon the property, and become delinquent as herein provided: one-tenth of the total amount shall be delinquent in fifty days 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 years, one-tenth in seven years, one-tenth in eight years, and one-tenth in nine years. Each of said instalments, 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 instalments, or the entire sum at one time, as the city council of such city may prescribe; but such entire sum shall not become delinquent in a less time than one year. Such taxes shall be collected and enforced as in other cases of special taxes. In cases of omission, errors, or mistakes, 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. ['90, pp. 55-6*; '92, p. 77.

259. Intersections. Duties of railway companies. The cost of paving, macadamizing, or repaving the intersections of streets and spaces opposite alleys in any paving district shall be paid by the city as hereinafter provided; 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, macadamized, or otherwise in such condition for public travel as the city council of such city may from time to time direct, keeping 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. ['90, p. 56.

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 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 assessments 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 valne: provided, that the entire cost of paving, repaving, or macadamizing any such streets, avenues, or alleys, properly chargeable to any blocks, lots of lands, or part 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 charge therefor. ['90, p. 56.