ARTICLE VII.

SECTION 1. This charter may go into effect on and after such day as a majority of the qualified electors residing within the limits of said Bannack city, at a general election to be held after twenty days notice, to be given by six written notices, posted in the most public places within said limits, and signed by at least twelve of said electors, shall vote to accept the same.

APPROVED February 4, 1864.

AN ACT

To Incorporate the City of Placerville, Boise County.

ARTICLE I.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The city of Placerville shall be bounded as follows: Commencing at a point half a mile north of the centre of plaza, (which plaza is located in the centre of the most business portion of said city, the centre of which is represented by a well), running thence west half a mile, thence south one mile, thence east one mile, thence north one mile, thence west half a mile, to the place of beginning.

SEC. 2. The inhabitants of the said city of Placerville shall be, and they are hereby constituted a body politic and corporate, by the name of the city of "Placerville," and by that name they and their successors shall be known in law, and have perpetual succession, sue and be sued, plead and be impleaded, in all the courts of law whatsoever, and receive property personal and real, within said city for public buildings, public works and city improvements, and may dispose of the same for the benefit of the city, may purchase property beyond the limits of the city to be used for burial purposes, and for the establishment of a hospital for the reception of persons afflicted with contagious or other diseases; also, for water works to supply the city with water, and may dispose of the same for the benefit of said city, and shall have a seal which they may alter at pleasure.

ARTICLE II.

SECTION 1. For the government of the city there shall be elected in the manner hereinafter provided, the following officers: A common council, (consisting of five members), a mayor, a recorder, a treasurer, a marshal, and an assessor, who shall hold their offices for one year, and until their successors shall be duly elected and qualified; and there shall be appointed annually by the city council, a city attorney, a street commissioner, a city surveyor and a city collector.

ARTICLE III.

SECTION 1. That a general election for all city officers of the corporation required to be elected under this act, shall be held on the first Monday of April in each year.

SEC. 2. No person shall be entitled to vote at any city election, who shall not be an elector for territorial officers, and have resided in the city fifteen days next preceding the day of election, and no person shall be eligible to any office under this charter, who is not a qualified voter of said city.

SEC. 3. At all elections for city officers, the vote shall be by ballot, at the time and place designated by the city council. SEC. 4. That all vacancies happening before the annual election, shall be filled by the city council.

SEC. 5. That all elections for city officers shall continue one day, during which time the polls shall be open from ten o'clock, A. M., to four o'clock, P. M.

SEC. 6. The persons who shall have received a plurality of votes for any office, shall be declared duly elected, and the clerk shall issue to him a certificate of election; upon presentation of the same by him to the council, he shall be sworn into office.

ARTICLE IV.

SECTION 1. The members of the common council shall fix the time and place of holding their stated meetings and may be convened by the mayor at any time; a majority of the members shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members.

SEC. 2. Any ordinance which shall have been passed by the common council, shall, before it becomes a law, be presented to the mayor for his approval; if he approves he shall sign it; if not, he shall within ten days, return it with his

objections in writing, to the common council, who shall cause the same to be entered in the journal, and shall proceed to recommend the same. If, after such recommendation, twothirds of the members of the common council shall agree to pass the same, it shall become a law.

SEC. 3. The mayor and common council shall have power within the city: First. To make by-laws and ordinances not repugnant to the laws of the United States, or to the laws of this territory, necessary to carry into effect the provisions of this act. Second. To levy taxes not to exceed one per cent. per annum upon all real and personal property made taxable by law for territorial and county purposes. Third. To make regulations to prevent the introduction of contagious diseases into the city, and for securing health, peace, cleanliness and good order of the city. Fourth. To make such regulations as may be necessary to protect the city against fire. Fifth. To appoint and employ such a police force as they may deem necessary for the protection, peace and safety of the city. Sixth. To prevent and restrain any disturbance, or disorderly conduct, or any indecent and immoral practices, within the limits of said city.

ARTICLE V.

SECTION 1. The mayor and members of the common council shall receive no pay for their services, until the city shall contain five thousand inhabitants, and then such pay to be determined by a vote of the city.

SEC. 2. The recorder shall receive the same fees for his services as justices of the peace are entitled to by law for services of a similar nature.

SEC. 3. The marshal shall receive the same fees for his services, as constables are entitled to by law for services of a similar nature, and for other services such compensation as may be provided by ordinance.

SEC. 4. All other officers provided for by this act, or to be created, shall receive such compensation as may be established by ordinance.

ARTICLE VI.-OF THE DUTIES OF CITY OFFICERS.

SECTION 1. It shall be the duty of the mayor to communicate to the common council at least once in each year, the condition of the city, its finances and improvements.

SEC. 2. All and each of the officers elected, or provided for

by the provisions of this act, shall reside within the limits of the city.

SEC. 3. It shall be the duty of the city marshal, in addition to the duties by the common council, to execute and return all processes issued by the recorder.

SEC. 4. It shall be the duty of the assessor, in addition to the duties prescribed by the common council, to make out within such time as the common council shall order, a correct list of all the property taxable by law within said city. It shall also be the duty of the assessor to collect all moneys and taxes levied by authority of the city, and pay the same over to the city treasurer monthly.

SEC. 5. It shall be the duty of the city treasurer to receive all moneys that shall come into his hands by taxation or otherwise, and pay out the same in such manner as shall be prescribed by the common council.

SEC. 6. It shall be the duty of the city attorney to attend to all suits, matters and things in which the city may be legally interested, give his advice and opinion in writing upon each when required by the mayor or common council, and attend to all prosecutions against offenders of the city ordinances.

SEC. 7. The common council shall define the duties of all officers by ordinance, which are not herein prescribed.

ARTICLE VII.

SECTION 1. All officers required to be elected under this act shall, before entering upon the duties of their office, take an oath or affirmation (as prescribed by law for county officers) before any person competent to administer oaths.

SEC. 2. All resolutions and ordinances calling for the appropriation of any sums of money exceeding one hundred (100) dollars shall lie over at least one meeting.

SEC. 3. The first election shall be held at the office of Thomas H. Stringham, which shall be called by printed notices in not less than three public places in the village of Placerville, signed by not less than five electors of said city; the judges of said election shall be nominated and elected by the electors assembled at the place of holding the election on the morning of said election day, together with two clerks, which judges and clerks shall be qualified in the same manner as judges and clerks of county elections.

SEC. 4. This act to take effect and be in force from and after its approval by the governor.

APPROVED, February 4th, 1864.

Incorporating the Bannack Ditch and Mining Company, and granting a charter to the same, to locate and construct a Ditch with branches.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. George Coply, E. P. Lewis, N. J. Davis, George Wing, A. J. Smith, A. F. Graeter, W. C. Rheem, N. J. Brannard, their associates and successors, are hereby made and constituted a body politic under the name and style of the Bannack Ditch and Mining Company, with the ordinary powers and liabilities of corporations, with a capital stock of twenty thousand dollars, which may be increased to one hundred thousand dollars.

SEC. 2. The above named corporators shall have the exclusive authority to survey, lay out, construct and maintain a ditch, with necessary branches, for inlet and outlet, to and in the mines, in and about Grasshopper creek, in the territory of Idaho, of sufficient length and size to supply with water the mines opened or to be opened on said Grasshopper creek, below said ditch and its branches, and between the points at which water shall be received into said ditch, and a point down said creek six miles below Bannack city.

SEC. 3. The maximum rates at which said company may sell and furnish water from their said ditch to purchasers, shall be as follows, viz: One dollar per inch for the first head, seventy-five cents per inch for the second head, fifty cents per inch for the third head, and twenty-five cents per inch for the fourth head, measured according to the custom of miners, under six-inch pressure.

SEC. 4. The said corporators, for the purpose of filling and keeping full their said ditch, shall have the exclusive right to the water of and in said Grasshopper creek (saving and excepting all prior and vested rights in and to the same), and of and in the branches of said creek, which flow into it from a southerly and southwesterly direction, and of and in the nearest branch of Horse Prairie creek, being the north fork of the same, and no other person or company shall take or use the waters in the streams above mentioned, above or at the points of supply of said ditch, in such manner or quantity as will in any way conflict with the right of said corporators, to first fill and keep full their said ditch with water from said streams.