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ize their destruction, in a summary manner, when running at large contrary to ordinance of such town.

Eighteenth-To make, ordain, pass, establish and enforce such ordinances and regulations, not repugnant to the Constitution of the United States, or the laws of this Territory, for the purpose of carrying into effect the provisions of this act, as they deem proper; and to repeal, alter or amend the same, at pleasure; but no such ordinance or regulations shall take effect or be enforced until the same shall have been published ten days in some newspaper having a general circulation in such town, or by notice posted in not less than three public places therein.

Nineteenth-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 to take and subscribe an oath, and give such bonds as shall be provided by ordinance, which oath and bond shall be filed with the board. of trustees.

of trustees.

SEC. 7. The board of trustees of each town may ordain and provide such reasonable fines, forfeitures and Powers of board penalties as they may deem proper, in any sum less than that prescribed for like crimes in the laws of the Territory, to be prosecuted before any justice of the peace in the county, in the name of the corporation, and all expenses incurred in the unsuccessful prosecution for the recovery of any fine, or penalty, or forfeiture, shall be paid by the corporation, and all fines, forfeitures and penalties, when collected, shall be paid to the corporation, as may be provided by ordinance; Provided, The justice's court shall be held always within the corporate limits, when any other than a justice residing in said town is called to try any case, he shall be required to hold court in said town.

SEC. 8. The clerk of the board of trustees in each town shall have the custody of and safely keep the corpor- Duties of the ate seal, records, books and papers thereof, intrusted to him clerk.

by the board, and attend all meetings of the trustees and record all their proceedings, and he shall audit all accounts allowed by such board of trustees, and perform such other duties as may be required of him.

Marshal etc.

SEC. 9. The marshal of each town shall possess the same powers, be subject to like liabilities, and exercise the Powers of the same privileges as are possessed and conferred by law upon constables, to execute such legal orders as may be required of him, and to assess and collect all taxes levied by the trustees of such town, in the same manner as county and

Territorial taxes are collected, so far as consistent with the provisions of this act, and perform such other lawful duties as may be required by the board of trustees.

SEC. 10. This act shall be in force on and after the first day of April, A. D. 1884 (and may be amended or repealed at the pleasure of the Legislative Assembly). Approved March 13, 1884.

CHAPTER XXX.

OF LAWS OF 1880.

AN ACT amending Sections 4, 7, 8, 11, 19 and 21 of
Chapter XIX. of the Laws of 1880.

SECTION. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 4 of Chapter XIX. of the Laws of Utah of 1880 be and School districts the same is hereby amended to read as follows: SEC. 4.

may levy tax annually. Amount of.

Challenges, how decided.

Whenever it shall be necessary to raise funds to purchase, build, repair or furnish school houses, or for other school purposes, an estimate of the approximate cost thereof shall be made by the trustees, and the rate per cent. may be fixed at any sum not exceeding two per cent. per annum, as shall be decided by a majority vote of the property taxpayers resident in the district, present at a meeting called for that purpose, to be assessed and collected as a special tax upon all the taxable property in the district. The trustees of any school district having a population of over twelve hundred, when authorized by a majority vote of the property taxpayers resident in the district, present at a meeting called for that purpose, may establish and maintain a graded school, or a graded department in a school in such district, in which pupils may be instructed in higher branches of education than those usually taught in common schools, and pupils over eighteen years of age may be admitted to and instructed in such school or department, on such terms as to tuition and otherwise as the trustees may prescribe. In case of a challenge of the right of any person to vote on said tax, the oath of such person as to qual

ification, his tax receipt for the past year, or a copy of the tax list showing that said person owns taxable property in the district, shall be received as evidence of such right to vote; Provided, The trustees shall have power to assess and collect annually a tax of one-fourth of one per cent. on all taxable property in the district without calling a meeting for that purpose.

Proviso.

SEC. 2. That Section 7 of said act is hereby amended to read as follows: SEC. 7. The assessor shall, within Powers and dusuch time as the trustees may direct, make an assessment at ties of the a fair cash valuation, of all the taxable property in his assessor. district, and report the same to the trustees.

The assessor is hereby empowered to administer oaths in the discharge of his official duty, and may require persons to give a statement of their taxable property under oath. The assessor, when he deems it necessary, may leave with the person to be assessed, or at his residence, or place of business, a blank form of the assessment list, and with corporations, firms, or associations, suitable forms, requiring the taxpayer to fill out and return the same to the assessor within twenty days from date of service; and any person, corporation, firm, or association, furnished with such blank forms, must comply with the requirements thereof, or be liable to a fine of not to exceed one hundred dollars for each neglect. If any person shall wilfully and knowingly make a false list to the assessor, or make a false statement Penalty for makof his property, or of property under his charge, he shall ing false return, be deemed guilty of a misdemeanor, and on conviction thereof may be fined in any sum not exceeding one hundred dollars, or imprisonment not exceeding one hundred days, or both. The trustees shall give notice by advertising or posting notices as in calling a tax meeting, of the time and place when they will meet to hear and determine complaints, if any, in regard to the assessed valuation of Trustees to any property, and may equalize and correct the same; and equalize assess they shall have the power to remit or rebate the taxes of any indigent person, to any amount not exceeding five dollars on any such assessment. They shall fix the time. within which the tax shall be paid, which in no case shall be less than thirty days, and approve the assessment roll and hand it to the collector to collect the tax.

ments, etc.

SEC. 3. That Section 8 of said act be and the same is hereby amended to read as follows: SEC. 8. The collector Duties of the shall forthwith notify the taxpayers of the district of the collector. amount of their tax and where the same is payable, and -hall proceed to collect the same within the time specified

When tax becomes delin

quent.

Manner of col· lection,

by the trustees, and pay the money collected to the district treasurer, if there be one, otherwise to the trustees, and all taxes remaining unpaid for sixty days after they become due shall become delinquent, and a list thereof shall be handed to the county collector of the county in which said district is located, which collector shall immediately proceed to collect the said tax in the manner as provided for the collecting of Territorial, school and county taxes, in "An Act to Provide Revenue for the Territory of Utah and the several Counties thereof," approved February 22, 1878. The collector shall receive such fees and mileage Fees of collector for collecting delinquent school tax as are provided for collecting delinquent taxes under said act. The delinquent taxes thus collected shall be paid into the county treasury and placed to the credit of such school district, and be drawn therefrom upon the order of the trustees of such district.

Board of examiners to be appointed.

Their powers and duties.

SEC. 4. That Section 11 of said act be and the same is hereby amended to read as follows: SEC. 11. The county court of each county shall appoint in their respective counties, where not already done, a board of examiners to consist of the county superintendent and two other competent persons, who shall hold examinations and judge of the qualifications of school teachers applying for schools; and all applicants of a good moral character considered competent shall receive a suitable certificate signed by the board, which certificate shall be valid for only one year from its date, and without which no person shall be eligible to employment as teacher by the trustees, and such districts employing other than eligible teachers shall forfeit their apportionment of any public school fund. The services of the board of examiners shall be paid for by the county.

SEC. 5. That Sections 19 and 21 of said act be and the same are hereby amended by striking out the words "county treasurer" wherever they appear in said Sections and inserting in lieu thereof the words "Territorial subtreasurer."

Approved March 13, 1884.

CHAPTER XXXI.

OF PROVO CITY.

AN ACT amending "An Act to Incorporate Provo City," approved Jan. 21, 1864.

SECTION. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 1 of an 66 Act to Incorporate Provo City," approved January 21, 1864, is hereby amended by striking out of said section all that portion after the words "to-wit," in the third line of said section, and before the word "shall" in the eighth line thereof, and inserting in lieu thereof, the following: Commencing on the west bank of Provo River at a point where the north line of Section (7) Township (6) South of Range three (3) East intersects the said river, thence southerly along the west bank of the said river to a point where the north section line of Section thirty-six (36) Township six (6) South of Range two (2) East intersects the said river, thence west to the northwest corner of Section thirty-five (35) Township six (6) South of Range two (2) East then south to the north bank of Provo River, thence west along the north bank of said river to the shore of Utah Lake, thence southerly and easterly along the shore of said lake to a point where the quarter section line running east and west through Section eighteen (18) Township (7) South of Range three (3) East intersects the shore of said lake, thence east to the east line of Section seventeen (17) Township (7) South of Range (3) East, then north to the northeast corner of Section seventeen (17) Township six (6) South of Range three (3) East, thence west to the southwest corner of Section eight (8) Township six (6) South of Range three (3) East, thence north to the northwest corner of said Section eight (8), thence west to the point of beginning.

SEC. 2. The city council of said city shall have power by ordinance and enforcement thereof to license, tax and regulate, or to absolutely prohibit the manufacture, sale or giving away in any quantity of spirituous, vinous, fermented or other intoxicating liquors; Provided, That if any person, corporation or association of persons is author

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