Name and style.

Seal.

Powers.

and one half miles to the parallel line of the place of beginning shall be known and designated under the name of Hyrum City, and the inhabitants thereof are hereby constituted a body corporate and politic by the name aforesaid, and shall have succession, and may have and use a common seal which they may change and alter at pleasure.

SEC. 2. The inhabitants of said city by the name and style aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city; to purchase, receive and hold real property beyond the city for burying grounds or other public purposes for the use of the inhabitants of said city; to sell, lease, convey or dispose of property, real and personal, for the benefit of said city; to improve and protect such property, and to do all other things in relation thereto as natural persons.

SEC. 3. There shall be a City Council, to consist of a City Council. Mayor and six Councilors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their offices for two years and until their successors shall be elected and qualified. The City Council shall judge of the qualifications, elections and returns of their own members, and a majority of them shall form a quorum to do business; but a smaller number may adjourn. from day to day and compel the attendance of absent members under such penalties as may be prescribed by ordinance; there shall also be elected in like manner, two Justices of the Peace, who shall have the qualifications of voters, be commissioned by the Governor, and have jurisdiction in all cases arising under the ordinances of the city.

Oath.

Election.

How conducted.

Notifications.

SEC. 4. The Mayor and Councilors, before entering upon the duties of their offices, shall take and subscribe an oath or affirmation that they will support the Constitution of the United States and the laws of this Territory, and that they will well and truly perform all the duties of their offices to the best of their skill and abilities.

SEC. 5. A Mayor and six Councilors shall be elected biennially, and the first election under this Act shall be at such times in said city as the Probate Judge of Cache County shall direct: provided, said election shall be on or before the first Monday in August next. Said election shall be held and conducted as now is provided by law for the holding of elections for County and Territorial officers; and at the said first election all electors within said city limits shall be entitled to vote.

SEC. 6. The clerks of election shall leave with each person elected, or at his usual place of residence, within five days after the election, a written notice of his election; and each person so notified shall, within ten days after the election, take the oath or affirmation hereinbefore mentioned, a certficate of which oath shall be deposited with the Recorder, whose appointment is hereinafter provided for, and be by him

preserved; and all subsequent elections shall be held, conducted and returns thereof made, as may be provided for by. ordinance of the City Council.

SEC. 7. The City Council shall have power to levy and collect taxes for city purposes upon all taxable property, real and personal, within the limits of the city, not exceeding one. half of one per cent. per annum, upon the assessed value thereof; and may enforce the payment of the same, to be provided for by ordinance not repugnant to the Constitution of the United States or the laws of this Territory.

Taxes.

SEC. 8. The City Council shall have power to appoint a Recorder, Treasurer, Assessor and Collector, Marshal and City Officers. Supervisor of Streets. They shall also have the power to appoint all such other officers, by ordinance, as may be neces sary, define the duties of all city officers and remove them from office at pleasure.

SEC. 9. The City Council shall have power to require of all officers appointed in pursuance of this Act, bonds with Bond. security for the faithful performance of their respective duties, and also to require of all officers appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices.

SEC. 10. The City Council shall have power and authority to make, ordain, establish and execute all such ordinances, Ordinances. not repugnant to the Constitution of the United States or the laws of this Territory, as they may deem necessary for the peace, benefit, good order, regulation, convenience, and cleanliness of said city; for the protection of property therein from destruction by fire or otherwise, and for the health and happiness of the inhabitants thereof; and shall have control of the water and water courses leading to the city; provided, that such control shall not be exercised to the injury of any rights already acquired by actual settlers thereon, and shall have control of the water courses and mill privileges within said city; but in no case shall they interfere with the natural rights of others heretofore acquired in relation to water. They shall have power to fill all vacancies that may happen by death, resignation, removal or otherwise, of any of the officers herein made elective; to fix and establish the fees of the officers of said Corporation. The City Council shall have power to divide the city into wards and specify the boundaries thereof.

Vacancies.

SEC. 11. All ordinances passed by the City Council shall, within ten days after they shall have been passed, be published in some newspaper printed in said city, or certified copies thereof be posted up in three of the most public places Publication. in the city. They shall not be in force until thus published or posted up.

SEC. 12. All ordinances of the city may be proven by the seal of the Corporation affixed thereto; and, when printed Proof. or published in book or pamphlet form, purporting to be printed or published by the authority of the Corporation, the same shall be received in evidence in all courts and places without further proof.

Justices of the Peace.

Jurisdiction.

Appeals.

Power and

duty of Mayor.

General powers.

SEC. 13. The Justices of the Peace of said city shall have all the powers of other Justices of the Peace, both in civil and criminal cases, arising under the laws of the Territory. They shall perform the same duties, be governed by the same laws and give the same bonds and securities as other Justices of the Peace. They shall have exclusive original jurisdiction in all cases arising under the ordinances of the Corporation, and shall issue such process as may be necessary to carry such ordinances into execution. Appeals may be had from any decision or judgment of said Justices arising under the ordinances of said city, or the laws of the Territory, to the Probate. Court of said Cache County; in the same manner as appeals are or may be taken from other Justices of the Peace.

SEC. 14. The Mayor shall be the Chief Executive Officer of said Corporation; he shall preside in the City Council, and shall have power to veto any ordinance when not passed by two-thirds majority, and it shall be his duty to sign all city ordinances.

SEC. 15. The City Council shall have power to restrain, regulate or prohibit the running at large of cattle, horses, mules, sheep, swine, goats, and all kinds of poultry; and to tax and regulate the keeping of dogs, and to authorize the destruction of the same, when at large contrary to city ordinance.

SEC. 16. To license, regulate, prohibit or restrain the To license, &c. manufacturing, selling or giving away of spirituous, vinous or fermented liquors; to tax and regulate tavern keepers, dram or tippling-shop keepers, victualing or coffee houses, restaurants, saloons, or other houses or places for the selling or giving away of ardent, vinous or fermented liquors.

Exclusive power by Ordinance.

SEC. 17. The City Council shall have exclusive power, by ordinance, to regulate the police of the city; to license, tax and regulate auctioneers, merchants and retailers: to license, tax and regulate theatrical and other exhibitions, shows and amusements; to prohibit and suppress gaming, bawdy and other disorderly houses.

SEC. 18. This Act shall be in force on and after the first day of April, one thousand eight hundred and seventy, and may be amended at the pleasure of the Legislative Assembly.

Boundary.

AN ACT

Incorporating Spring City, in Sanpete County.

[Approved February 11, 1870.]

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That, all that portion of Sanpete County embraced in the following boundaries, to wit: Beginning at Cedar Creek Bridge, on the County Road, between Mount Pleasant City and Springtown, thence along the south

line of Mount Pleasant City boundary, to the southeast corner of said City Corporation, thence in a southwesterly direction to the southeast corner of Springtown Precinct, thence westerly to the south line of Springtown Meadow Survey, thence along said line to Sanpitch River, thence up the center of said river three-fourths of a mile, thence east to the dugway, on the County Road, between Ephraim City and Moroni City, thence northerly to the southeast corner of Moroni City Corporation, thence northeasterly to the south line of Mount Pleasant City boundary, one and a fourth miles west of Cedar Creek Bridge, thence east along said line to the place of beginning, be known Name and and designated under the name and style of Spring City; and the style. inhabitants thereof are hereby constituted a Body Corporate and Politic, by the name and style aforesaid and may have and use a common seal, which they may change and alter at pleasure.

SEC. 2. The inhabitants of said city by the name and style aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended in all courts of law and equity, and in all actions whatsoever; to purchase, Powers. receive and hold property, real and personal in said city; to purchase, receive and hold real property beyond the city for burying grounds or other public purposes for the use of the inhabitants of said city; to sell, lease, convey or dispose of property, real and personal for the benefit of said city; to improve and protect such property, and to do all other things in relation thereto as natural persons.

SEC. 3. There shall be a City Council, to consist of a Mayor and six Councilors, who shall have the qualifications of Electors of said city, and shall be chosen by the qualified city Council. voters thereof, and shall hold their offices for two years and until their successors shall be elected and qualified. The City Council shall judge of the qualifications, elections and returns of their own members, and a majority of them shall form a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members under such penalties as may be prescribed by ordinance; there shall also in like manner be elected, two Justices of the Peace, who shall have the qualifications of voters, be Justices of the commissioned by the Governor, and have jurisdiction in all cases arising under the ordinances of the city.

Peace.

SEC. 4. The Mayor and Councilors before entering upon the duties of their offices, shall take and subscribe an oath or Oath affirmation that they will support the Constitution of the United States, and the Laws of this Territory, and that they will well and truly perform all the duties of their offices to the best of their skill and abilities.

Election.

SEC. 5. A Mayor, six Councilors and two Justices of the Peace, shall be elected biennially, and the first election under this Act shall be at such time and place in said city, as the Probate Judge of Sanpete County shall direct: provided, said election shall be on or before the first Monday in August, next. Said election shall be held and conducted as is now provided ducted.

How con

by law for the holding of elections for County and Territorial Officers; and at the said first election, all electors residing within said city limits shall be entitled to vote.

SEC. 6. The Clerks of election shall leave with each person elected, or at his usual place of residence, within five days after the election, a written notice of his election, and each person so notified, shall, within ten days after the election, take Notifications. the oath or affirmation hereinbefore mentioned, a certificate of which oath shall be deposited with the Recorder, whose appointment is hereinafter provided for, and be by him preserved; and all subsequent elections shall be held, conducted, and returns thereof made as may be provided for by ordinance of the City Council.

Taxes.

SEC. 7. The City Council shall have authority to levy and collect taxes for city purposes upon all taxable property, real and personal, within the limits of the city, not exceeding one half of one per cent. per annum upon the assessed value thereof, and may enforce the payment of the same in any manner, to be provided for by ordinance, not repugnant to the Constitution of the United States, or the Laws of this Territory.

SEC. 8. The City Council shall have power to appoint a City Officers. Recorder, Treasurer, Assessor and Collector, Marshal and Supervisor of Streets, and all other officers, by ordinance, as may be necessary; define the duties of all City Officers, and remove them from office at pleasure.

Bond.

Ordinanees.

SEC. 9. The City Council shall have power to require of all officers appointed in pursuance of this Act, bonds with security, for the faithful performance of their respective duties; and also to require of all officers appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices.

SEC. 10. The City Council shall have power and authority, to make, ordain, establish and execute all such ordinances, not repugnant to the Constitution of the United States or the Laws of this Territory, as they may deem necessary for the peace, good order, benefit, regulation, convenience and cleanliness of said city, for the protection of property therein from destruction by fire or otherwise, and for the health and happiness of the inhabitants thereof; and shall have control of the water and water courses leading to the city: provided, that such control shall not be exercised to the injury of any rights already, acquired by actual settlers thereon, or any rights granted in this Charter; and shall have control of the water courses and mill privileges within said city, but in no case shall they interfere with the natural rights of others, acquired in relation to water privileges within said city. They shall have power to fill all vacancies that may happen by death, resignation, removal or otherwise in any of the offices herein made elective; to fix and establish the fees of the officers of said Corporation, to impose such fines not exceeding one hundred dollars, and imprisonment, not exceeding six months for each offence, for the breach or violation of any city ordinance; to Publication. divide the city into wards, and specify the boundaries thereof.

Vacancies.