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Auditor of Public Accounts, on or before the first day of November A. D. one thousand eight hundred and fiftytwo.

Approved March 3, 1852.

AN ACT CREATING THE OFFICE OF CODE COM-
MISSIONERS AND PRESCRIBING THEIR DU-
TIES.

created.

each year.

SEC. 1. Be it enacted by the Governor and Legislative As-Office of Code sembly of the Territory of Utuh, That the office of Codecommissioner Commissioners be, and the same is hereby created, to consist of three members, whose term of office shall continue term of office. three years, and until their successors are duly appointed and qualified. Sec. 2. The Governor shall nominate, and, by and with

How appointed the advice and consent of the Council,appoint said Commissioners; one for one year, one for two years, and one for three years; and thereafter, one shall be thus appointed

In the event of a vacancy in said Code Com Case of vacanmissioners, by death, resignation, removal from the Ter-cy. ritory, or otherwise, during the recess of the Legislative Assembly, the Governor alone shall fill the same by appointment. But if the Council at its next session, shall disapprove of such appointment, the same shall cease, and terminate from and after such disapproval.

Sec. 3. In the event that the Governor shall "neglect or refuse to nominate a person to fill such vacancy, may elect. or such office, then the Council shall elect by ballot, some suitable person to fill such vacancy or office.

Sec. 4. Such Commissioners, before they enter on their duties shall take an oath or affirmation, to support the Constitution of the United States, and to faithfully discharge their duties.

Sec. 5. It shall be the duty of said Code Commis-Duty of code sioners to arrange, adjust, and form a code of practice for

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commissioners

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necessaries and clerks.

the courts of Law and Chancery, and the Probate Courts, and Justices of the Peace; to arrange, adjust, and form a criminal code: a law regulating tower, descent, and distribution: a law regulating the sale, or incumbrance of real estate; and a law for the settlement of estates of deceased persons; and such other laws of a general nature as from time to time may be necessary or proper.

Sec. 6. It shall be the duty of the Governor, the SecreGow and oth tary of the Territory, the Judges of the courts, the general give informa- officers of the Militia, and all salaried or Territorial officers,

to give said Commissioners information, in writing, on any subject pertaining to their respective offices, whenever required in relation to their duties.

SEC. 7. Said Code Commissioners shall have power to May provido provide all necessary stationery, fuel and rooms, for their

use, and such clerks as may be necessary; not exceeding

two, and shall be allowed for their services, the same Compensation.compensation and mileage as are allowed to members of

the Legislative Assembly.

SEC. 8. Said Code Commissioners shall keep a JournShall keep a

al of their proceedings, and cause to be made, two copies of the laws by them proposed; one for the use of the house, and one for the use of the council, and as many of the proposed laws as can be prepared, shall be reported to the Governor, during the present session; and thereafter, they shall report on or before the first days of April and

November respectively in each year, or at the call of the Shall report to Governor, who shall report the same to the Legislative islative assez-Assembly for their enactment or disapproval, with such bly.

recommendations as he may think best.

Approved Jan. 16, 1852.

journal.

Gov. and Leg

AN ACT FOR THE ELECTION OF PROBATE
JUDGES.

Sec. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, in joint session assembled, That we do hereby elect the following persons for Judges

Namos of Probato Judges.

of Probate in the several counties for the Territory of Utah, viz: for Weber county, Isaac Clark; for Davis county, Joseph Holbrook; for Great Salt Lake county, Elias Smith; for Utah county, Preston Thomas; for Tooele county, Alfred Lee; for Juab county, George Bradley; for San Pete county, George Peacock; for Millard county, Anson Call; and for Iron county, Chapman Duncan.Term of office, The same are hereby elected for the term of four years, unless sooner removed by legislative enactment, or by removal from the county, or by death.

SEC. 2. In case of any vacancy occurring by removal,Case of vacan death or otherwise, of one or more of the above mention-cy. ed Judges, the Governor is hereby empowered to fill such vacancy, until the next sitting of the Legislature.

Approved Feb. 7, 1852.

AN ACT TO REPEAL THE ELEVENTH SECTION
OF AN ORDINANCE ENTITLED “AN ORDIN-
ANCE INCORPORATING THE UNIVERSITY OF
THE STATE OF DESERET,” PASSED BY THE
GENERAL ASSEMBLY OF DESERET FEB. 28, 1850.

Sec. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That, the 11th section of "An Ordinance incorporating the University of the State of Deseret,” appropriating five thousand dollars annually for the use of said University, shall be, and is hereby repealed.

Approved March 6, 1852.

AN ACT TO AMEND CERTAIN SECTIONS IN
GREAT SALT LAKE, OGDEN, MANTI, PROVO,
AND PAROWAN CITY CHARTERS.

Sec. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the word "April,"

in the 5th section of the above named charters be stricken out, and the word March be inserted in its stead.

Sec. 2. That the word “eight,” in the 35th section be erased and the word three be inserted in its stead.

SEC. 3. That the word “shall” in the 39th section of the above named chai ers be stricken out, and the word may

be inserted in its stead. Approved March 6, 1852.

AN ACT TO INCORPORATE CEDAR CITY, IN

IRON COUNTY, UTAH TERRITORY.

City boundar

tes.

ression.

Sec. 1. Be it enacted by the Gorernor and Legislative Assembly of the Territory of Utah, That all that district of Iron county, embraced in the following boundaries, to wit: beginning at the mouth of Coal creek kanyon, thence north three miles, thence west six iniles, thence south six miles, thence east six miles, thence north three miles to

place of beginning; shall be known and designated under Name & style. the name and style oi Cedar City; and the inhabitants

thereof, are hereby constituted a boly corporate and po

litic, by the name aforesaid; and shall have pepetual suePerpetual suc- cession, 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 Corporate pow

Vstyle aforesaid, shall have power to sue and be sued; to plead and be impleaded; defend and be defen led, in all courts of law and equity and in all aetions whaisoever; to purchase, receive and hold property, real and personal, in said city; to purchase, receive, and hold real property

eyond the city; for burying grounds, or other public purposes, for the inhabitants of said city; to sell, lease, or dispose of property, real and personil, for the benefit of said city; to improve, protect such property, and to do all

other things in relation thereto, as natural persons. City council. Sec. 3. There shall be a City Council, to consist of a

ers

Mayor, four Aldermen, and nine Councilors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall holdterm of office: their offices for two years, and until their successors shall be elected and qualitied. The City Council shall judge of the qualibcations, elections, and returns of their own Majority forin members and a majority of them shall form a quorum to do a quorumi. business; but a smaller number may adjourn from day to day, and come the attendance of absent members, under such penalies as may be prescribed by ordinance.

Sec. 4. The Mayor, Alderman, and Councillors before entering on the ùudies of their offices, shall take and subscribe an oath or afirmation, 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 ofiices, to the best of their skill and abilities.

Give bonds.

Times of elec

SEC. 5. On the second Monday of March next, and ions. every two ye:rs thereafier, on said day, an election shall be held for the electing of one Mayor, four Aldermen, and nine Councillors; and at the first election under this ordi-First election. nance, three Judges shall be chosen, viva voce, by the electors present. The said Judges shall choose two clerks; and the Judges and clerks, befure entering upon their durties, shall take and subscribe an oath or affirmation, such as is now required by law to be taken by Judges and clerks of other elections; and at all subsequent elections, the judges and necessary number of Judges and clerks shall be appointed clerks of elec

tions appointed by the City Council. At the first election so held, they city council. polls shall be opened at nine o'clock, A. M., and closed at six o'clock, P. M. At the close of the polls the votes shall be counted, and a statement thereof proclaimed at the front door of the house, at which said election shall be held; and the clerks shall leave with each person elec-o

“Duty of clerks ted, 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 afirmation 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.

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