9. Policemen. To appoint policemen and watchmen, and prescribe their duties, powers, and qualifications. [C. L. § 1824, sub. 9. 10. Disorderly and gambling houses. To prohibit and suppress disorderly, lewd, or gambling houses, and all devices for gambling, and to suppress any drunkenness, rout, riot, noise, disturbance, or disorderly assemblage. [C. L. § 1824, sub. 10. 11. General taxes. To levy an annual tax for general corporation purposes on all such property as shall be subject to county and state taxes, and such tax shall, when so levied, constitute a lien on all such property, and shall be collected as county and state taxes are collected; provided, that all taxes for such purposes in any one year shall not exceed one-fourth of one per cent on the assessed valuation of the property so assessed, unless two-thirds of the electors voting at a special election called for that purpose, shall vote a larger per cent to be levied; but in no case shall said tax exceed, nor electors be allowed to levy, more than one-half of one per cent of the assessed valuation aforesaid in one year. [C. L. § 1824, sub. 11*. Legislature not to impose taxes for town purposes, Con. art. 13, sec. 5. Election to levy tax for public library, 1369, 1370. Poll tax, 1743. 12. Streets and sidewalks. To lay out, construct, open, grade, pave. and otherwise improve streets, lanes, alleys, sidewalks, and crosswalks, and prohibit the encumbering of the same with any material whatever, and to prohibit riding or driving on sidewalks, except to cross the same. ['90, p. 80. 13. Water supply and tax. To lay out, construct, open, and keep in repair canals, water ditches, or water pipes for irrigation, domestic, or other use for the inhabitants of such town, and to annually assess and collect a water tax for said purposes, upon the real property in said town benefited thereby. ['90, p. 80. 14. Maintain and defend suits. To direct in the prosecution and defense of actions at law in which such towns may be a party. [C. L. § 1824, sub. 14*. 15. Salaries. To fix and establish the compensation of the officers made elective or appointed by the board. [C. L. § 1824, sub. 15. Salaries to be fixed, Con. art. 21, sec. 1. 16. Fast driving. To prevent horse racing and immoderate driving or riding in the streets of said town. [C. L. § 1824, sub. 16. 17. Dogs. To prevent the running at large of dogs, by imposing a tax on the same, or otherwise, or to authorize their destruction, in a summary manner, when running at large contrary to the ordinances of such town. [C. L. § 1824. sub. 17. 18. Ordinances. To make, ordain, pass, establish, and enforce such ordinances and regulations, not repugnant to the laws of this state, for the purpose of carrying into effect the provisions of this title, as it may deem proper; and to repeal, alter, or amend the same at pleasure; but no such ordinance or regulation shall take effect or be enforced until ten days after the same shall have been published in some newspaper having a general circulation in such town, or have been posted in not less than three public places therein. [C. L. § 1824, sub. 18. 19. Appoint necessary officers. To appoint a clerk, a marshal, and such other officers as may be necessary for the good order and well being of such town, define their duties, remove them from office at pleasure, and require them to take and subscribe an oath and give such bond as shall be provided by ordinance, which oath and bond shall be filed with the clerk of the board of trustees, except the bond of the clerk, which shall be filed with the treasurer. [C. L. § 1824. sub. 19*. General provisions as to bonds, ?? 1682-1686. are 303. Fines and imprisonment. Jurisdiction of justice. To enforce obedience to the ordinances of the town, the board of trustees may ordain and provide such fines, forfeitures, and penalties as it may deem proper, to be prosecuted before the justice of the peace of the precinct in which such town may be situated, in the name of the corporation, and all expenses incurred in prosecutions for the recovery of any fine, forfeiture, or penalty shall be paid by the corporation, and all fines and forfeitures when collected shall be paid to the corporation as may be provided by ordinance; provided, that the fine or penalty for any offense shall be less than one hundred dollars, and the imprisonment shall not exceed three months; and provided further, that in case the fine and costs, or either, not paid, the court before whom the conviction is had may order the person committed to the county jail at hard labor until such fine or penalty and costs are fully paid, but under no circumstances shall a person be imprisoned upon one conviction for more than three months. The expense of boarding such prisoner shall be paid by the corporation. A justice of the peace before whom any case is tried shall hold court in the town where the offense was committed. The board of trustees are hereby authorized to erect a jail for said town, and when erected, persons committed for violation of said ordinances shall be imprisoned in said jail. [C. L. § 1825*: '90, pp. 80-1*. 304. Clerk. Duties. The clerk of the board of trustees in each town shall have the custody of and safely keep the corporate seal, records, books, and papers thereof entrusted to him by the board of trustees and shall attend all meetings of the board, and record all its proceedings; and he shall audit all accounts allowed by the board, and shall annually make, and keep posted in his office, a statement showing the financial condition of the town, including all receipts and disbursements, debts due to or owing by the town, the names of the parties to or from whom such debts are due, and on what account such debts were contracted, the source from which all receipts were received and upon what accounts such expenditures were made; and he shall perform such other duties as may be required of him by the board of trustees. [C. L. § 1826*; '90, p. 81. 305. Marshal. Duties and powers. The marshal of each town shall possess the same powers, be subject to like liabilities, and exercise the same privileges as are possessed and conferred by law upon constables, to execute such legal orders as may be required of him. [C. L. § 1827*. 306. Administering oaths. The president, or any trustee appointed by the board of trustees to act as such president in his absence, may administer oaths to any person when necessary in the performance of his official duties. ['94, p. 61. 307. Change of limits. The provisions for disincorporating cities and for annexing territory thereto, and for detaching territory lying within but on the borders thereof, as provided in chapters fourteen, fifteen, and sixteen of this title, so far as may be, are hereby made applicable to towns. Change of class, etc., 22 174-180. CHAPTER 18. 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 exceeding four per cent of the value of the taxable property therein, for the purpose of supplying such city or town with water, artificial light, or sewers, when the works for supplying such water, light, and sewers shall be owned and controlled by the municipality, when the proposition to create 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. ['97, pp. 55–6. 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 question 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 question 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 otherwise 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 newspapers published in the city or town for four weeks prior thereto; or if there be no newspaper, then by posting notices. The council or the board, as the case may be, shall cause ballots to be printed and furnished to the qualfied electors, which shall read: "For the issue of bonds." "Yes." "No." If a majority of the qualified electors voting thereon shall have voted in favor of incurring such indebtedness, the board may proceed to issue the amount of bonds specified. ['97, p. 56. Municipal election, general provisions, 22 887-891. Registration for municipal election, 816. 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 disposal 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. ['97, p. 56. CHAPTER 19. 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 hereby perpetuated as such respectively under their present names and boundaries and subject to the provisions of this title. The officers of such cities and towns now in office, shall continue in their respective offices until the election and the 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 any kind, shall be affected by such change, but the same shall stand and progress as if no change 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. [C. L. §§ 1720*, 1721. Similar sections, 22 177, 178. Legislature shall provide for municipal incorporation by general law, Con. art. 11, sec. 5. CHAPTER 20. 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 obstructed condition of any street, alley, crosswalk, sidewalk, culvert, or bridge of such city or town or from the negligence 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 by some authorized person, and properly verified, describing the time, place, cause, and extent of the damage or injury; and no action shall be maintained against any city or town as aforesaid for injuries to person or property, 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 thereafter, audit and allow the same. N. Dak. (1895) ? 2172-3*. It is the duty of municipal officers to use reasonable diligence in keeping streets and sidewalks reasonably safe for persons using them with reasonable care. Scott v. Provo City, · U. —; 45 P. 1006. In Utah, where snow and ice, although not unusual, are by no means continuous, it is not anreasonable to require municipalities to keep their walks free from ice and snow. Scoville v. Salt Lake City, 11 U. 60; 39 P. 481. Where a city permits water to be discharged from adjoining houses upon a sidewalk much used for travel, and lets it freeze, accumulate, and remain upon the sidewalk so that it is in a dangerous condition, the city is liable to persons properly using the walk, who are injured thereon. Id. Respondent's horse, while being driven along the street, stepped through a hole caused by a break in the water pipe, which had occurred a day or two before the injury; held, that a verdict for the respondents was not so clearly against the weight of the evidence as to require a new trial. Hopkins v. Ogden City, 5 U. 390; 16 P. 596. Where the plaintiff's wife was driving a gentle horse across a bridge of the defendant city, and the horse becoming frightened at a place that had been negligently repaired and backed off the bridge and precipitated the plaintiff's wife in the stream, from which accident she suffered injuries: held, negligence on the part of the defendant. Thomas v. Springville City, 9 U. 426; 35 P. 503. Where an obstruction had remained in the street a sufficient length of time to give the city notice thereof, and the same was left without guard or light, a finding of negligence on the part of the ity will not be disturbed. Naylor v. Salt Lake City, 9 U. 491; 35 P. 509. A municipal corporation is liable for a defect in a sewer caused by an obstruction placed in the sewer by workmen of the city under the direction of the city engineer; knowledge on the part of the city is presumed. Kiesel v. Ogden City, 8 U. 237; 30 P. 758. An action cannot be maintained against a municipal corporation for a failure to construct improvements or for injuries from inadequate improvements; but if injuries result from defective or inadequate improve ments and the municipal authorities neglect to use 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 person, 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 ninety days as aforesaid. N. Dak. (1895) ? 2174. TITLE 11. CORPORATIONS. CHAPTER 1. GENERAL INCORPORATION. 314. Purpose. Incorporators. Private corporations may be formed in the manner prescribed in this title, for any purpose for which individuals may lawfully associate. The number of incorporators shall not be less than five, at least one of whom must be a resident of this state. [C. L. § 2267*; '96, p. 299*. At least one-third of directors must be residents, 324. Term "corporation" includes what, Con. art. 12, sec. 4. CORPORATIONS FOR PECUNIARY PROFIT. 315. Articles of agreement. Contents. The incorporators shall enter into an agreement in writing, signed by each of them and by at least three of their number acknowledged before the county clerk or any notary public of the county in which they have established, or intend to establish, their principal place of business, stating: The name of the corporation. 2. The precinct or city where it is organized. 3. The names of the incorporators and their places of residence. 4. The time of its duration, which shall not in any case be less than three nor more than fifty years. 5. The pursuit or business agreed upon, specifying it in general terms. 6. The place of its general business. 7. The amount of stock each party has subscribed. 8. The amount of each share, and the limit of capital stock agreed upon. 9. The number and kind of officers, their qualifications and term of office, and the time and manner of their election, removal, and resignation, with the names of the officers to serve until the first general election; provided, that in no case shall the number of directors be less than three nor more than twenty-five. 10. How many of the entire board of directors shall be necessary to form a quorum and be authorized to transact the business and exercise the corporate powers of the corporation; provided, that a quorum shall not be less than onefourth of the entire number. 11. Whether or not the private property of the stockholders shall be liable for its obligations. 12. Such additional clauses as the incorporators deem necessary for conducting the business of the corporation and for its future safety and welfare. [C. L. $$ 2268*, 2272*, 2273*; '96, p. 299*. Corporations limited to business expressly authorized, Con. art. 12, sec. 10. 316. Oath of agreement. Subscriptions paid in property. To the agreement prepared in accordance with the provisions of the preceding section, there shall be added the oath or affirmation of three or more of the incorporators taken before any officer duly authorized to administer an oath, to the effect that they have commenced, or it is bona fide their intention to commence and carry on, the business mentioned in the agreement, and that the affiants verily believe that each party to the agreement has paid or is able to and will pay the amount of the stock subscribed for by him; provided, that said acknowledgment shall not be made until at least ten per cent of the stock subscribed by each stock |