Degree of liability. Proviso. to support parents, if they be children of sufficient ability, and if there be none of sufficient ability, the parents of such person shall next be called upon, and if there be no parents nor children, the brothers and sisters shall next be called upon, and if there be no brothers nor sisters, the grandchildren of such poor person shall next be called upon, and then the grand parents; Provided, Married females, while they live with their husbands, shall not be liable to a suit for maintenance beyond the interest or incomes of the estate of such married female held in her own right. Approved March 13, 1884. CHAPTER XXVII. OF DELEGATE TO CONGRESS. to be called. AN ACT providing for the Filling of a Vacancy in the office of Delegate to the House of Representatives of the United States for the Territory of Utah. SECTION 1. Be it enacted by the Governor and LegisSpecial election lative Assembly of the Territory of Utah: That in case of the death, resignation, or other disability of the Delegate to the House of Representatives of the United States for the Territory of Utah, it is hereby made the duty of the Governor, within twenty days after receiving notice of such vacancy, to call a special election to fill said office. How conducted etc. SEC. 2. The special election provided for in this act shall be held, conducted, and returns thereof made in the same manner as is now, or may hereafter be provided for general elections in the Territory. Approved March 13, 1884. CHAPTER XXVIII. OF SPANISH FORK CITY. AN ACT amending "An Act Incorporating Spanish Fork City," approved January 19, 1855. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the city council of Spanish Fork City shall have power, and is hereby authorized by ordinance, and enforcement thereof within the corporate limits to regulate, restrain, or prohibit the running at large of horses, mules, cattle, sheep, swine, goats, and all kinds of poultry, and when so running at large, to distrain, impound and sell the same for the penalty, and costs incurred therein, and impose penalties by fine upon the owner of the same, for violation of such ordinance; Provided, That the proceeds of such sale shall be paid into the treasury of the county, wherein such city is located, less the amounts of costs and expenses incurred in distraining, impounding, and selling the same, to be used as provided for in Section 408 of the Compiled laws of Utah. SEC. 2. To enforce the payment of all city taxes by levy and sale of the real or personal property of any delinquent taxpayer, in the manner provided by law for assessing and collecting Territorial and county taxes. The city assessor and collector shall have the same power within his jurisdiction as is exercised by county assessors and collectors, and any city taxes assessed shall be a lien on the property assessed until paid. The city shall also have power to annually assess, collect, and expend a water tax to supply the city with water for domestic and irrigating purposes, and may regulate the use of water for manufacturing purposes, and to tax individuals for the use of such water, in proportion to the amount of water used by each; Provided, That nothing herein contained shall be so construed as to interfere with the water rights accrued by priority of appropriation. SEC. 3. To direct and control the location of railroad tracks, within the city, and regulate the use of locomotive engines therein, and regulate the rate of speed at which the trains may run within the inhabited portions. SEC. 4. To fix and collect a license tax on, and regulate billiard, and pool tables, and bowling alleys, in public places, and punish the proprietors or keepers thereof, for violating the provisions of any city ordinance relating to the same. Approved March 13, 1884. When and how a town may incorporate. provided for, etc. CHAPTER XXIX. OF INCORPORATION OF TOWNS. AN ACT providing for the Incorporation of Towns of not SECTION. 1 Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That a majority of the taxpayers of any town having a population of not less than three hundred desiring to incorporate, may, on petition to the county court of the county in which said town is situated, said petition to set forth the section, township, entry and boundary lines thereof, which, being approved by said court, and a copy thereof filed in the office of the county recorder, and on compliance with the provisions of this act, be, and are hereby, constituted a body corporate and politic under the name and style of said town, and each may have and use a common seal, which they may change and alter at pleasure. SEC. 2. There shall be a board of trustees in said town, to consist of a president and four trustees, who shall Board of trustees have the qualifications of electors of said town, and shall be chosen by the qualified voters thereof, and shall hold their office for two years, and until their successors shall be elected and qualified. The board of trustees shall judge of the qualifications, election and return of their own members; and a majority of them shall form a quorum to do business at all special or general meetings, due notice of which has been given, and the president shall preside at all meetings when present, and have the casting vote. When the president is absent, one of the trustees may be appointed 43 by the board to act in his place during his absence; and any vacancy in any of the offices of such corporation, occasioned by death, resignation, removal or otherwise, may be filled for the unexpired term of such office by a majority vote of the whole board. the Governor, SEC. 3. The president and trustees in each town, before entering upon the duties of their office, shall be com- Board must be missioned by the Governor, and shall take and subscribe commissioned by 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 ability, which oath shall be filed with the Secretary of the Territory. SEC. 4. One president and four trustees shall be elected biennially in each town at the time specified by law, Elections, when for the election of county and Territorial officers; said held. election shall be held and conducted in the manner as provided by law for holding elections, and at the first election all voters legally qualified shall be entitled to vote. SEC. 5. The clerks of election, in each town, shall leave with each person elected, or at his usual place of resi- Duties of elecdence, within five days after election, a written notice of his tion clerks. 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 clerk, whose appointment is hereinafter provided for, and be by him preserved; and all subsequent elections shall be held, conducted, and returns thereof be made, as may be provided for by ordinance of the board of trustees. SEC. 6. The board of trustees, in each town, shall have the following powers, to-wit: First-To purchase, Powers of hold, or convey all necessary estate, real or personal, for board of trustees. the use and benefit of the corporation. Second-To prevent, abate, and remove nuisances, and adopt such other measures for the public health, as they may deem proper. Third-To purchase, hold, own, and lay out graveyards or cemeteries, and regulate the burial of the dead. Fourth-To restrain from running at large, horses, cattle, sheep, goats, swine and all kinds of poultry, in such towns, under such penalties and regulations as may be prescribed by the ordinances of such towns. Fifth-To provide for the protection of shade trees, monuments, and other public property in such town. Sixth-To license, tax, and regulate the manufacturing, vending, or giving away of spirituous, vinous or fer mented liquors, and to license and regulate hotel or tavern keepers, eating houses and restaurants, merchants, grocers and peddlers. Seventh-To license all exhibitions of showmen, concerts, theatricals, circuses, or other traveling shows, public dances or amusements, or to suppress any of the foregoing which are indecent. Eighth-To restrain and punish vagrants, prostitutes and libertines. Ninth-To appoint policemen, and watchmen, and prescribe their duties, powers, and qualifications. Tenth-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. Eleventh-To levy and collect an annual tax for general corporation purposes on all such property as shall be subject to county and Territorial taxes, and such tax shall, when so levied, constitute a lien on all such property, and shall be collected as county and Territorial taxes are collected; Provided, 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 twothirds of the electors voting at a special meeting 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. Twelfth-To lay out, construct, open, grade, pave, and otherwise improve streets, lanes, alleys, sidewalks, or cross walks, and to prohibit the encumbering of sidewalks with any material whatever, and riding or driving thereon, except to cross the same. Thirteenth-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. Fourteenth-To direct in the prosecution and defense of actions at law in which such towns may be a party, and may sue and be sued in their corporate names. Fifteenth-To fix and establish the compensation of the officers made elective or appointed by the board. Sixteenth-To prevent horse racing and immoderate driving or riding in the streets of said town. Seventeenth-To prevent the running at large of dogs, by imposing a tax on the same, or otherwise, or to author |