said city, or posted in not less than three public places therein.

Nineteenth-To appoint a city clerk, a city marshal and such other officers as may be necessary for the good order and well being of said city, define their duties, remove them from office at pleasure, and require them to take and sub-scribe an oath, and give such bonds as shall be provided by ordinances, which oath and bond shall be filed with the mayor and board of alder

men.

SEO. 7. The mayor and board of aldermen of said city may ordain and provide such reasonable fines, forfeitures and penalties as they shall 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 said city, in the name of the corporation; and all expenses incurred in unsuccessful prosecutions for the recovery of any fine or penalty, or forfeitures, 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.

SEC. 8. The city clerk of said city shall have the custody of and safely keep the corporate seal, records, books and papers thereof entrusted to him by the mayor and board of aldermen, and attend all meetings of the board and record all their proceedings, and he shall audit all accounts allowed by the mayor and board of aldermen, and perform such other duties as may be required of him.

SEO. 9. The marshal of said city shall possess the same power, be subject to like liabilities, and exercise 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 mayor and board of aldermen in said city 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 mayor and board of aldermen.

SEC. 10. The qualified voters of said city

shall elect, at the same time and in the same manner as the mayor and aldermen of said city, three justices of the peace, who shall be commissioned by the Governor, and possess the same powers as are conferred by the laws of this Territory upon such officers, and shall have jurisdiction to try and determine all cases arising under the ordinances of said city. At the same time and manner, the qualified voters of said city may elect three constables, who shall have the same powers as are conferred upon constables by the laws, and shall be commissioned by the Governor.

SEC. 11. The mayor and aldermen of said city may provide by ordinance, and enforcement thereof, such regulations as may be necessary to protect the property of the inhabitants of said city from loss by fire.

SEC. 12. This act may be amended or repealed at the pleasure of the Legislative Assembly.

Approved March 9, 1882.

CHAPTER XLIV.

OF FEES.

AN ACT Prescribing Fees for the Secretary of the Territory in certain cases, and for other purposes.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That from and after the passage of this act the Secretary of Utah Territory shall be entitled to receive the following fee: For issuing warrants, Fees of Secres to be paid by applicants, $5.00. For filing papers of incorporation, $5.00.

tary.

may adminis

SEC. 2. The Secretary of Utah Territory is Secretary, hereby authorized to take and certify to acknowl- ter oaths, etc. edgements and to administer oaths.

Approved March 9, 1882.

CHAPTER XLV.

OF COMPILED LAWS.

AN ACT to amend Title XX, Compiled Laws of Utah.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 1226 of the Compiled Laws of Utah is hereby amended by adding thereto the following: And all courts possessing chancery as well as common law jurisdiction, may administer legal Jurisdiction. and equitable rights, and apply legal and equitable remedies, in favor of either party, in one and the same action: Provided, That whenever there is any variance between the rules of equity and the rules of common law, in reference to the same matter, the rules of equity shall prevail.

Proviso.

appear.

SEC. 2. Section 1234 is hereby repealed and the following enacted in lieu thereof: When an infant, or insane, or incompetent person is a party, he must appear either by his general guardian, Minor, how to or by a guardian ad litum appointed by the court, or by a judge thereof, in which the action is pending in each case. A guardian ad litum may be appointed in any case when it is deemed necessary by the court in which the action or proceeding is prosecuted, or by a judge thereof,`expedient to represent the infant, insane, or incompetent person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by him.

74

SEC. 3. Section 1235 is hereby amended by adding thereto the following: Third-When an insane or incompetent person is party to an action or proceeding, upon the application of a relative or friend of each insane or incompetent person, or of any other party to the action or proceeding.

SEC. 4. Section 1236 is hereby amended by adding thereto the following: And a father, or in case of his death or desertion of his family, the mother, may prosecute, as plaintiff, for the seduchow appoint- tion of the daughter, and the guardian for the

Guardian,

ed.

Proviso.

Defendant,

made.

seduction of the ward, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction, or afterward, and there be no loss of service; Provided, That an unmarried female may prosecute, as plaintiff, in an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.

SEC. 5. Section 1238 is hereby amended by who may be adding thereto the following: And in an action to determine the title or right of possession to real property which, at the time or commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant.

Summons may be issued, how.

Service of

SEC. 6. Section 1248 is hereby amended by adding thereto the following: And if the action be brought against two or more defendants, who reside in different judicial districts, or in different counties within the same or other judicial districts in this Territory, the plaintiff may have a summons issued for each of such counties or for each of such districts, as he shall demand, at the same time, if a summons is returned without being served on any or all of the defendants, or if it has been lost, the clerk, upon demand of the plaintiff, may issue an alias summons, in the same form as the original, and such alias summons shall have the same force and effect as the original.

SEC. 7. Section 1255 is hereby amended by publication. Striking out the words "shall in like," in the eighth line, and the words "manner appear," in line nine of said section and inserting in lieu thereof the following: "Also appears by such affidavit, or by the verified complaint on file."