fire engines, and other apparatus; to organize fire, hose, and hook and ladder companies, appoint foremen therefor and prescribe their duties and make rules and regulations for their government. And shall have power to prohibit and prevent the construction of any wooden or frame houses, store, shop, or other building on such streets, alleys and places, and within such limits in said city as they may from time to time prescribe; to prohibit and prevent the removing of wooden or frame buildings from any part of said city to any lot on such street, alley and places within said limits.

SEC. 18. To exclusively control, regulate, repair and clear streets, alleys, bridges, sidewalks and crosswalks, and open, widen, straighten, or vacate streets and alleys, and put drains and ditches therein; and prevent the encumbering or obstructing of the streets, lanes, alleys, sidewalks or public grounds with lumber, timber, posts, awnings, signs, other thing, material or substance whatever.

or any

SEC. 19. To cause the expense of grading or paving of streets and sidewalks, of making drains and sewers, and all other local improvements to be assessed against the owners of the premises the value of which is increased by such improvement and in proportion to which such premises are improved thereby, or cause the expense thereof to be paid out of the city treasury, as they may deem just and proper.

SEC. 20. The council shall have exclusive authority to establish and regulate the police of the city, and to make all such by-laws and ordinances for the preservation of the public peace; for the suppression of routs and riots; for the apprehension and punishment of vagrants, drunkards, and disorderly persons; and to suppress disorderly houses and houses of ill-fame and to punish the keepers and inmates thereof; to prohibit every species of gaming, and to punish all persons indulging in any species of gaming or gambling; to define and declare what are nuisances and provide for the prevention and abatement of the same; to regulate the keeping or storing of gun or blasting powder or other high explosives; to prohibit the violation of Sunday; the discharge of any species of firearms; and the disturbance of any religious congregation or any other public meeting assembled for any lawful purpose; to provide against and punish fast or immoderate riding or driving; to license, tax and regulate the manufacturing, selling, or giving away of any vinous, spirituous or fermented liquors; to license, tax and regulate billiard and pool tables, nine or ten pin alleys; to regulate and license all exhibitions of

common showmen, shows of every kind, concerts, circuses, theatrical performances, and all other exhibitions and amusements; to license and regulate peddlers, auctioneers and traveling salesmen; to restrain, regulate or prohibit the running at large of cattle, horses, mules, swine, sheep, goats, and poultry, and to authorize the distraining or impounding and sale of the same, and to regulate and control the distribution of the proceeds of such sale; to tax, prevent or regulate the keeping of dogs and to authorize the destruction of the same when at large contrary to ordinance; to license, tax and regulate merchants, butchers, traders and dealers in merchandise and property of every description; to license and regulate banks, hotels, restaurants, livery stables, barber shops, bath houses and laundries. To make all needful rules to prevent the spreading of all contagious or infectious diseases; and all needful rules to regulate the health and cleanliness of said city. To establish and maintain a system of water works for fire, domestic, and other purposes, together with necessary reservoirs, pipes and hydrants. To erect street lamps and regulate the lighting thereof. To regulate all public graveyards and the burial of the dead in said city. And to make all other by-laws, ordinances, and regulations, for the purpose of carrying into effect the powers conferred by this act, which they deem necessary for the safety and good government of said city, and to preserve the health and protect the property of the inhabitants thereof, and to repeal, alter or amend the same at pleasure. And to this end the common council may impose fines and penalties for any violation of the by-laws or ordinances which may be made by them as aforesaid and may provide that any offender refusing to pay such fine or penalty be compelled to labor on the streets or public works of said city; Provided, That no by-law or ordinance shall impose a fine exceeding two hundred dollars, nor subject the offender to imprisonment in the city jail exceeding ninety days, or both; And provided further, That no by-law or ordinance imposing a penalty or punishment shall be of any effect until the same shall have been published for two weeks successively in a newspaper published in said city or by posting up certified copies of said by-laws or ordinances in two public places, in each ward of said city.

SEC. 21. All ordinances or by-laws of the city may be proven by the seal of the corporation; and when published in book or pamphlet form purporting to be printed or published by the authority of the city, the same shall be

received in evidence in all courts or places without further proof.

SEC. 22. The salary of the mayor and aldermen of said city shall not exceed the sum of one dollar each per

annum.

SEC. 23. The recorder shall be the clerk of the common council and keep the corporate seal and the books and papers of the corporation entrusted to him by the council; he shall attend all meetings of the council and record all their proceedings. He shall attest all ordinances or bylaws of the corporation and affix the seal of the corporation thereto. He shall sign all warrants drawn on the treasurer; he shall also perform other duties which may be required of him by ordinance of said city or the order of said council.

SEC. 24. The police justice of said city shall have exclusive original jurisdiction of all cases arising under or by reason of the violation of any ordinance or by-law of said city, and shall have the same jurisdiction within the limits of the city as other justices of the peace in cases arising under the laws of the Territory. The practice in said police justice's court shall be the same, and governed by the same rules, as provided by law for justices' courts. From all final judgments of said police justice's court, whether civil or for violation of any ordinance of said city, an appeal shall be allowed by either party, against whom the judgment is rendered, to the district or other appellate court provided by law, in the same manner and upon the same terms as provided by law for appeals from justices' courts in similar cases.

SEC. 25. All process issued by said police justice's court in all cases arising under the ordinances of said city shall be directed to the marshal or any of his deputies.

SEC. 26. The police justice shall account for and pay over all moneys coming into his hands belonging to said city, whether from fines, penalties, forfeitures, recoveries on execution or otherwise, into the city treasury as often as the council may direct.

SEC. 27. He shall keep a docket in which shall be entered all cases commenced before him, and all his proceedings thereunder in such manner as may be required by the council, which docket at the expiration of his term of office, with all papers in his possession pertaining to said office, he shall turn over to his successor.

SEC. 28. The treasurer shall by virtue of his office be collector of taxes, and shall receive and safely keep, and pursuant to the warrant of the recorder, disburse all the moneys of the corporation. He shall keep proper books

of account which shall be open to inspection by any elector of the city at all reasonable hours. He shall furnish to the common council as often as required a full, fair and correct account of all receipts and disbursements and also the state of the treasury. He shall perform such other duties as shall be required of him by ordinances or by-laws of said city or by order of the common council.

SEC. 29. The marshal shall be chief of police; it shall be his duty to serve all process that may lawfully be directed and delivered to him for service; to see that all by-laws and ordinances of the common council are promptly and effectually enforced; he shall obey all lawful commands of the mayor, and may command the aid and assistance of all other citizens of said city in the discharge of his duties he may appoint such number of deputies as the common; council may direct and approve, who shall perform the same duties as the marshal, and for whose official acts he shall be responsible.

SEC. 30. The marshal and deputies shall have power to serve and execute all process in behalf of the city as sheriffs and constables have by law to execute similar processes.

SEC. 31. The mayor and aldermen before entering upon the duties of their respective offices shall take and subscribe an oath that they will support the Constitution of the United States, and the laws of this Territory, and that they will faithfully perform the duties of the office to which they have been elected, to the best of their skill and abilities, which oath shall be filed with the Secretary of the Territory, and they shall be commissioned by the Governor.

SEC. 32. The treasurer, recorder, assessor, police justice and marshal of said city, before entering upon the duties of their respective offices shall enter into an undertaking with said city and whomsoever it may concern, in such sum, not less than five hundred dollars, as the common council may require, conditioned for the faithful performance of the duties of their respective offices; they shall also take and subscribe an oath to support the Constitution of the United States and the laws of this Territory, and that they will faithfully perform the duties of their respective offices to the best of their skill and abilities; said undertakings shall be approved by the common council and together with said oath of office filed in the office of the recorder of said city; Provided, That the undertaking and oath of the recorder be filed with the mayor. The police justice shall be commissioned by the Governor upon pre

sentation of the certificate of his election or appointment, and his qualification as hereinbefore required.

SEC. 33. All claims against the city shall be audited by the council and, when allowed, paid by a warrant on the treasurer signed by the recorder and countersigned by the

mayor.

SEC. 34. Nothing in this act shall be so construed as to impair the jurisdiction of the justices of the peace and constables in the precincts of which said city is a part, in such matters as may come under their jurisdiction under the laws of this Territory. Nor to deprive the citizens of said city, properly qualified to vote, from voting at all precinct elections.

SEC. 35. The police justice and marshal of said city shall receive, and they are hereby authorized to tax, the same fees which are allowed by law to justices of the peace and constables in similar cases, which fees when collected shall be paid into the city treasury; and said police justice and said marshal and his deputies shall receive no other compensation, for services rendered for, or in behalf of, said city, than the salary fixed and allowed them by the common council.

SEC. 36. If any alderman shall during his term of office remove from the ward from which he shall have been elected, his office shall at once become vacant.

SEC. 37. That an act entitled "An Act Incorporating Park City," approved March 9, 1882, be and the same is hereby repealed.

SEC. 38. This act shall be in force from and after the fifteenth day of March, A. D. 1884. Approved March 1, 1884.

CHAPTER VIII.

OF LAWS OF 1882.

AN ACT amending Section 5 of Chapter 28, Laws of 1882.

Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 5, Chapter