Mayor. &c., to take oath. Flections. Qualifications of officers. Subsequent elections. Municipal taxes. Appointment of officers. upon SEC. 4. The Mayor and Councilors, before entering 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, 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 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 by law for the holding of elections for County and Territorial officers; and at the said first election, all electors residing within the limits of said City, shall be entitled to vote. SEC. 6. The clerks of elections 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 certificate of which oath shall be deposited with the recorder, whose appointment is hereinafter provided for, and be by him preserved; and all subsequent elections shall be held, conducted and returns thereof made, as may be provided for by Ordinance of the City Council. SEC. 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 by Ordinance, not repugnant to the Constitution of the United States or laws of this Territory. SCE. 8. The City Council shall have power to appoint a Recorder, Treasurer, Assessor and Collector, Marshal and Supervisors of Streets, They also have the power to appoint all such other officers, by Ordinance, as may be necessary, define the duties of all city officers, and remove them from office at pleasure. SEC. 9. The City Council shall have power to require officers of all officers appointed in pursuance of this Act, Qualifications bonds with security, for the faithful performance of of appointed 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. dinances. SEC. 10. The City Council shall have power and authority to make, ordain, establish and execute all such May make orordinances, 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 thereof, and shall have control of the water courses and mill privileges within said City; Provided, That such control shall not be exercised to the injury of any rights already acquired by actual settlers there- May fill vacanon. They shall have power to fill all vacancies that may happen by death, resignation or removal in any of the offices herein made elective; to fix and establish Fees of officers the fees of the officers of said corporation, to impose such fines, not exceeding one hundred dollars, and im- Punishment of prisonment not exceeding six months, for each offence, for the breach or violation of any city ordinance, to divide the city into wards and specify the boundaries thereof. cies. offences. Publication of SEC. 11. All ordinances passed by the City Council shall, within one month after they shall have been ordinances. passed, be published in some newspaper printed in said City, or certified copies thereof be posted up in three of the most public places in the city. Authentication SEC. 12. All ordinances of the city may be proven by the seal of the corporation; and when printed or of ordinances. 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. Duties of May SEC. 13. The Mayor shall be the chief executive officer of said corporation. He shall preside in the City or Council and shall have power to veto any ordinances, but when passed by two-thirds majority, after considering his objections, if he still declines to approve the ! Police. License.. Quarantine. Hospitals. Pound laws Making and ordinance, it shall go into effect without his approval, a statement to that effect being attached thereto: Provided, That in the absence of the Mayor at any meeting of the Council, the Council shall have power to appoint one of their number to preside. SEC.-14. The City Council shall have exclusive power by ordinance to regulate the police of the city, to license, tax and regulate auctioneers, merchants, retailers, theatrical and other exhibitions, shows and amusements; to prohibit and suppress gaming; to prohibit and suppress bawdy-and other disorderly houses and punish the keepers thereof. SEC. 15. To make regulations to prevent the introduction of contagious diseases into the city, to make quarantine laws and enforce the same within the city To establish hospitals and make regulations for the government of the same. To make regulations to secure the general health of the inhabitants, to declare what shall be nuisances and prevent and remove the same. SEC. 16. 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. 17. To license, regulate, prohibit or restrain sale of liquors. the manufacturing, selling or giving away of spirituous, vinous or fermented liquors, tavern keepers, dram or tippling shop keepers, boarding, victualing or coffee houses, restaurants, saloons or other houses or places for the selling or giving away of ardent, vinuous or fermented liquors. Justices of the SEC. 18. The Justices of the Peace provided for in this act shall hold their office two years and until their successors are qualified, and shall have exclusive original jurisdiction in all cases arising under the ordinances of the corporation, and issue such processes as may be necessary to carry such ordinances into execution, and may exercise civil and criminal jurisdiction in cases arising under the laws of the Territory. They shall perform the same duties, be governed by the same laws, give the same bonds and securities as other justices of the peace and shall be commissioned by the Governor. SEC. 19. Appeals may be had from any decision or Appeals. judgment of said Justices arising under the ordinances of said City, or laws of the Territory, in the same manner as appeals are or may be taken from other justices of the peace. When to take SEC. 20. This act shall be in force on and after the first day of April, one thousand eight hundred and effect. seventy-two. CHAPTER XXI. An Act prescribing a summary mode of proceedure for the recovery of the possession of Real Property forcibly or unlawfully withheld. (Approved February 16th, 1872.) SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That any person lawfully and peaceably in possession of real property is Who deemed in deemed rightfully possessed therof, to the bounds of his possession until otherwise determined by due course of law; and it is unlawful for another forcibly Forcible entry and against his will to enter such real property; or defined. having entered peaceably, by force or threats to turn out the person so possessed; or having entered unlawfully, to hold and keep possession thereof by force or threats. Any person who shall have been in open peaceable and undisturbed possession of real property within thirty days preceding such unlawful entry or Time. detainer, is entitled to the benefit of this Act. SEC. 2. Any person unlawfully deprived of the possession of real property in the manner mentioned in Proceedings. this act may present to any justice of the peace within the county within which such real property is situated a written complaint, verified according to law, setting forth the facts of the case, describing the premises, Complaint. showing that the defendant is guilty of the unlawful 34 Corporation defendant. Summons. acts charged, stating the damages he shall have sustained, and praying a restoration of the possession of such property and compensatory damages. A corporation may be a defendant when the unlawful acts complained of are done by its agents, at its instance or fo its benefit. The justice of the peace shall file said complaint and endorse the date thereon; and shall thereupon issue a summons directed to the defendant, which summons shall contain the names of the parties, the name and residence of the justice, a description of the premises, a general statement of the nature of the unlawful act complained of, the amount of damages claimed and the relief demanded. It shall also state the place, When return and the day and hour, which shall be not less than two nor more than ten days from the service of the summons, at which said justice will hear in a summary manner the proofs of the parties and notify the defendant to appear and answer before that time or the relief demanded against him will be granted. able. Service, by whom. How made. Appearance. non-suit. SEC. 3. The summons may be served by the sheriff or any constable of the county, or other person specially authorized in writing by the justice, (which authorization shall be endorsed upon or annexed to the summons). The summons shall be served without unnecessary delay and returned as in civil actions. Service shall be made by delivering a copy of the summons to the defendant personally; or, if he cannot be found, by leaving a copy with some person, suitable age and discretion, at his usual place of business or residence or, if such place of business or residence cannot be found within the county, by affixing a copy in a conspicuous place upon the property and also delivering a copy to some person there residing or remaining if any. of SEC. 4. At the time and place appointed the defendant, or any person in possesssion of said real property or any part thereof, may appear and answer or demur to the complaint. But no demurrer shall lie nor shall Demurrer and the plaintiff be non-suited on account of the nonjoinder of any person who might have been made a defendant; nor because the defendant is a married woman, when it shall also appear that her husband is not a resident of the county, or, being a resident, conceals himself to avoid service of summons. The Married wo man. |