to receive property, real and personal, and may dispose of the same for the benefit of the city. All deeds, conveying real estate belonging to said city, shall be signed by the Mayor and attested by the City Clerk, and the seal of said city, and shall be acknowledged and recorded as other deeds; and no conveyance not thus executed, acknowledged and recorded, shall have any validity whatever as against said city.

SEC. 3. For the government of said city, there shall be annually elected, in the manner hereinafter provided, the following officers: a Mayor; a Common Council, consisting of five members; a City Marshal, Collector and Treasurer. And the Mayor and Common Council shall have power to appoint such other officers as they shall think necessary, and to fix the compensation of all the officers herein provided for, except the Mayor and Common Council, who shall receive no compensation; the Mayor shall preside at all meetings of the Common Council, and shall have the right to veto any ordinance passed by the Council; and the same, when so vetoed, shall be returned within three days, with his reasons, to the Council, after which the same shall not become a law unless re-passed by a two thirds vote.

SEC. 4. A general election for all city officers required by this Act to be elected shall be held on the first Monday in January in each year; at such election any person shall be entitled to vote, who shall have, at the time of said election, the qualification of voters at the several county elections provided by law, and who, in addition thereto, shall have resided in said city thirty days next preceding said city election. Said election shall be conducted as near as may be in the same manner as the county elections, and returns thereof shall, within five days thereafter, be made to the City Clerk, who shall open and canvass the same in the presence of the Mayor and Common Council. A vacancy in any city office may be filled by

the Common Council until the next election. In the absence of the Mayor, his duties shall be performed by a member of the Council, to be chosen by them for that purpose. The Common Council may elect one of their own number to act as City Clerk, and fix his compensation..

SEC. 5. Said Mayor and Common Council shall have full power and authority to levy taxes for municipal purposes, not to exceed one half of one per centum per annum, upon all taxable property in said city, and to collect the same in the manner hereinafter prescribed to prevent and restrain any disturbance or disorderly conduct, riot, drunkenness, or any indecent or immoral practice within the limits of said city; to make such regulations as shall promote the health, peace, cleanliness

and good order within said city; to control and regulate the fire department, and to provide by ordinance for the election of the officers of said department, by the members thereof, specifying such offices, and defining their duties; to open and establish streets, and widen the same, when deemed necessary, and for that purpose to condemn property for the city use, under such regulations as they may provide for that purpose, but the amount to be paid to the claimant shall be fixed by three disinterested persons, after due notice to the claimant and hearing all the evidence to be offered, their report to be afterwards acted upon by the Council; the claimant of such property shall be entitled to an appeal from the decision of said Council, or of any commissioners or appraisers appointed by them, to the District Court, by filing with the City Clerk, within ten days after such decision shall be rendered, a bond, with security in double the value of property so claimed, to be approved by said Clerk, conditioned for the payment of all costs of said appeal, and to surrender the property if so required by the District Court; in any such condemnation of property the same shall be done in accordance with the general laws which now are, or hereafter may be, in force on the subject. The Mayor and Council shall have power to make all needful by-laws, ordinances and regulations, not repugnant to the Constitution or the laws of the United States, nor to the laws of this Territory; they shall also have power to prescribe their own rules for doing business; they shall also have power to remove and prevent nuisances; to license, tax, and regulate auctioneers, tavern-keepers, peddlers, hawkers, pawnbrokers, and money changers; to license, tax, and regulate wagons, carts and drays, and to fix the rates to be charged for the wagonage, cartage and drayage of property; to license, tax, regulate and restrain bar-rooms, theaters, and other exhitions, shows and amusements; to license, tax, restrain, prohibit and suppress billiard tables, tippling houses, gaming and gambling houses, and houses of ill-fame; to erect market houses, establish market places, and to provide for the government and regulation thereof; to provide for the preservation and extinguishment of fires, and to organize and establish fire companies; to establish and regulate a police, night watch and patrol; to regulate the storage of gunpowder and other combustible materials, and the use of candles, lamps, or other lights, in shops, stables, and other places; and to regulate and prescribe the manner of building partition walls and fences.

SEC. 6. The City Assessor shall proceed to assess the taxable property of the city, under such regulations as may be prescribed by the Council, and shall deliver a certified list of

said property, so assessed, to the Collector. The City Collector, after receiving such list, shall proceed to collect the same, in the same manner that other taxes are collected, and all the laws and provisions regulating the assessment and collection of taxes under the general revenue laws, shall be followed in the assessment and collection of said city taxes, so far as the same may be applicable, and not inconsistent with the ordinances of the city, passed in relation to the same subject matter.

SEC. 7. In case the taxes so assessed upon any property shall not be paid, and no other property of the owner can be found upon which to levy, the City Collector shall proceed to make out a list of said delinquent property, and after advertising the same for four successive weeks, in some newspaper published in said city, shall sell at public auction the property so assessed, whether the same be personal property or real estate, or of what nature soever it may be. In selling said real estate for taxes, the same course shall be pursued, as near as may be, which is or may be prescribed by law for the sale of property on execution.

SEC. 8. Should any person feel aggrieved by any assessment made by the City Assessor, he may, at any time before sale for taxes, apply to the Common Council to have the same reduced. If said Council shall refuse to reduce such assessment, said owner or claimant shall give public notice of such refusal at the tax sale, and such refusal, if unjust or oppressive, shall then be good cause for invalidating the sale of such property so unjustly assessed. In all cases, a deed shall be executed by the City, in the manner hereinafter prescribed, to any purchaser at a tax sale, when the same shall be applied for, and such deed shall be prima facie evidence of the regularity and validity of all previous proceedings. Said deed may be invalidated by showing, first, that said property was not subject to taxation; or, second, that taxes on the same had been paid; or, third, that said assessment was unjust or oppressive, and that application to reduce the same had been made to the Common Council, and refused, and that public notice of such refusal had been given at the tax sale, as herein before required, but said deed shall not be invalidated for any other cause whatever.

SEC. 9. Said Common Council shall appoint one of the Justices of the Peace, residing within said city, as Committing Magistrate, whose duty it shall be to hear all complaints of violation of said ordinances, and to examine all persons arrested by the Marshal. Said Justice shall have power to punish, by fine or imprisonment, or both, any violation of any of said or dinances, but no such punishment shall exceed a fine of one

hundred dollars, or imprisonment for twenty days in the county or city jail.

SEC. 10. The roads, streets and alleys within said city limits shall be under the exclusive control of said Common Council, who shall make all needful rules in relation to the improve. ment, repair, grading, cleaning, etc., of the same, and said city shall not be included in any road district in said county.

SEC. 11. All officers required to be elected by this Act, shall, before entering upon the duties of their office, take an oath or affirmation of office, before any person competent to administer oaths. All demands and accounts against the city shall be audited by the City Council, and shall be paid by the Treasurer, on the warrant of the Mayor, countersigned by the City Clerk. All ordinances shall be signed by the Mayor, and filed and recorded by the Clerk.

SEC. 12. The Common Council shall have power to improve any street, and levy the cost of said improvement, in whole or in part, upon the property fronting on said street, and draw the balance, if any, from the General Fund; said special assessment to be collected in the same manner as the general city taxes.

SEC. 13. In order that the inhabitants of said city may enjoy the immediate benefit of this Act, the following named persons are hereby appointed to fill the various city offices, and to hold the same until their successors are elected and have qualified:

Mayor, Members of the Council, Treasurer, Marshal, ex officio Collector, Assessor.

SEC. 14. There shall be an election held in Boise City on the first Monday of May, A. D., 1866, for the purpose of electing the various officers provided for under this Act. And for the purpose of holding said election, C. Jacobs, J. H. F. Green and J. M. Stephenson, are hereby appointed Judges of election, who shall superintend the same, and shall give to the persons elected, a certificate of election. The persons thus elected shall hold the offices until their successors are elected and qualified, unless they resign or are removed from office.

SEC. 15. This Act to take effect and be in force from and after the approval of the same by the Governor.

APPROVED, January 11th, A. D. 1866.

14A

CHAPTER LIII.

AN ACT

To repeal an Act entitled "An Act to Incorporate the City of Placerville, Boise County," approved Febru ary 4, 1864.

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

SECTION 1. That an Act entitled "An Act to incorporate the City of Placerville, Boise County," is hereby repealed.

SEC. 2. That William Finch, Mayor of the city of Placerville, shall levy and cause to be collected, a special tax, to pay all indebtedness of said city of Placerville, after such indebtedness shall become known, after settlement of all accounts against said corporation.

SEC. 3. This Act to take effect and be in force from and after its approval by the Governor.

APPROVED, January 9th, A. D. 1866.