such territory shall be deemed complete, and said territory shall be no longer subject to the jurisdiction of said city. ARTICLE XIX. tion, how effected. HOW CITIES MAY DISINCORPORATE. SECTION 1. On petition in writing, signed by Disincorpora- not less than one-half of the electors of any city, as shown by the registration list of the preceding year, to the city council of any city, praying for the disincorporation of said city, it shall be the duty of said council to submit such question to the electors of said city at the next general municipal election, and to give notice thereof by publication in a newspaper published in said city at least once a week for a period of four successive weeks prior to such election, or if no paper be published therein, then by posting notices for at least four weeks prior to said election, in eight or more public places in said city; Provided, that the question of disincorporating the city shall not be submitted at any election unless the obligations and liabilities of such city have been fully met and provided for. Such notices shall distinctly state the proposition to be voted for, the time and place of the election, and the electors shall be notified thereby to vote upon such proposition by placing upon their ballots the words "For Disincorporation" or Against Disincorporation." The election shall be conducted, the votes canvassed and the returns made in the same manner as provided by law. Disincorporation. 66 SEC. 2. If three-fourths of the votes cast at such election shall be for "disincorporation" the corporate existence of such city shall be ended, and the officers elected shall not qualify, and the terms of incumbent officers shall be deemed to have expired. SEC. 3. The retiring officers of such disincorporated city shall deposit with the treasurer Effect of disinof the county in which said city is situated, all corporation. the records, books, maps, and other personal property belonging to said city, and all moneys, accounts, notes and other property, both real and personal, belonging thereto, shall revert to and rest in said county; and said county is hereby empowered to sue in its own name for the collection of all accounts and the enforcement of any claim of said city, and to use the property so vesting as all other property belonging to said county. SEC. 4. Whenever any city is disincorporated as herein provided, it shall be the duty of Duty of mayor the retiring mayor of such city to have recorded a copy of said petition, the order of the city council in submitting the proposition to the electors, a certified copy of said notices and the number of votes cast for and against disincorporation, by the county recorder of the county in which such city is situated, and he shall further make publication of such disincorporation, by publishing for at least four successive weeks in some newspaper having general circulation within the Territory. ARTICLE XX. MISCELLANEOUS. Miscellaneous SECTION. 1. When by this act the power is conferred upon the city council to do and per- power of form any act or thing, and the manner of exer- council cising the same is not specifically pointed out, the city council may provide by ordinance the manner and details necessary for the full exercise of such power. SEC. 2. The duties, powers, and privileges of all officers in any way connected with the city Defining of duties. Ordinances, Fines, etc., where paid. government not herein defined, and the defining by this act of the duties of city officers, shall not preclude the city council from defining by ordinance further and additional duties to be performed by any such officer. SEC. 3. The city council may pass all ordinances necessary to carry into effect any of the powers herein granted, and may prescribe punishments for any violation of the same; Provided, That such punishments be by fine in any sum less than three hundred dollars or by imprisonment not exceeding six months. or both. SEC. 4. All fines, penalties and forfeitures collected for offenses against the ordinances of the city shall be paid into the city treasury. SEC. 5. Article 4, Sec. 3 of Article 5, Secs. 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, and 12 of Article 6, Sec. 4 of Article 10, Article 11, Subdivisions 2, 3, 4, and five of Sec. 2 of Article 14, Article 15, Articles 17, 18, 19, and Secs. 1, 2, and 3 of Article 20, of this Act are hereby made applicable to all incorporated cities now organized in this Territory and shall be construed to be cumulative and supplemental to the charters of said cities. SEC. 6. This Act shall take effect from and after its passage and approval. Approved March 8, 1888. Hection. Qualification. CHAPTER XLIX. AN ACT Defining the Duties of County Recorder. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That at the next general election in August, A. D. 1888, and biennially thereafter, there shall be elected in each county of this Territory, a county recorder, whose term of office shall be for two (2) years and until his successor is elected and qualified. SEC. 2. The recorders in their respective counties in this Territory, before entering upon the duties of their offices, shall take the oath of office, and shall enter into bonds in the penal sum of not less than five nor more than twenty thousand dollars, in the discretion of the county court, with two or more sureties, to be approved by said county court, conditioned for the faithful performance of their duties, and to deliver up all papers, books. records and other things appertaining to their offices, whole, safe_and_undefaced, when lawfully required so to do. Every bond shall be in form joint and several, and made payable to the Territory of Utah; and shall be in force and obligatory upon the principal therein, to and for the said Territory and to and for the benefit of all persons who may be injured or aggrieved by the wrongful act, neglect or default of the recorder in the performance or non-performance of any of the duties imposed upon him by law, and any person so injured or aggrieved, may bring suit on such bond in his or her name without an assignment thereof. Every such bond shall be deemed to be in force and obligatory upon the principal and sureties therein, for the faithful discharge of all duties which may he required of such recorder by any law enacted subsequently to the execution of such bond, and such condition shall be expressed therein. Bond. Recorder. SEC. 3. Each recorder may appoint one or more deputies; the appointment shall be in writ- Deputy ing and entered upon the records of his office. Each deputy shall, before entering upon the duties of his office, take and subscribe the oath of office in like form as is required of the recorder, which shall be filed in the office of the county clerk of his county. SEC. 4. Deputy recorders, duly appointed and qualified, may perform any and all duties of the recorder in the name of the recorder, and the acts of such deputies shall be held to be the acts of the recorder, and in case of the death of the recorder, or his deposition from office, the chief deputy shall thereupon become the acting recorder until such vacancy shall be filled ac Vacancy. how recorded. cording to law, and he shall file a like bond and be vested with the same powers, and be subject to the same responsibilities and entitled to the same compensation as in the case of the recorder. The recorder shall be liable for any neglect or omission of the duties of his office when occasioned by a deputy, in the same manner as for his own personal neglect or omission. The recorder and his deputy shall have authority to administer oaths and affirmations in all matters of conveyance of real or personal property. SEC. 5. Every recorder shall, as soon as Instrumente practicable after the filing of any instrument of writing in his office entitled to be recorded, record the same at length in the order of time of its reception, in well bound books, to be provided for that purpose; Provided, that separate books shall be kept for the recording of different classes of instruments. On the filing of any instrument in writing for record in a recorder's office, the recorder shall, when requested, give to the person leaving the same to be recorded, a receipt therefor. Receipts. struments and SEC. 6. When any instrument in writing is Filing of in filed in the recorder's office, the recorder shall indorsements, endorse upon such instrument a certificate of notice, etc. the time, including the hour of the day, when try book. the same was filed for record, which shall be considered the time of recording the same, and when said instrument is recorded, the book and page in which the same is recorded, which certificate shall be signed by the recorder, and shall be prima facie evidence of the facts therein stated. SEC. 7. Every recorder shall keep the following books: 1. An "entry book," in which he shall immediately upon the receipt of any instrument to be recorded, enter in the order of its reception, the names of the parties thereto, its date, the day of the month, hour and year of filing the same, and a brief description of the premises, endorsing upon each instrument a number corresponding with the number of such entry. |