||120 LAWS OF UTAH. The City Recorder shall cause a notice to be published to all persons interested, of the completion of the assessment, and the time and place shall be designated therein when the City Council shall hear appeals and objections and correct or confirm said assessment. When the said-assessment shall have been completed, the City Recorder shall, within ten days thereafter, make a correct tax-list, which shall be delivered to the Collector or any authorized agent appointed by the City Council, who shall collect said taxes within such, time as may be prescribed by said Council. If any assessment i3 set aside by order of any Court, the City Council may cause a new one to be made in like manner for the same purpose, for the collection of the amount so assessed. If the first assessment prove insufficient, another may be made in the same manner, or, if too large a sum shall at any time be raised, the excess shall be refunded, rateably, to those by whom it was paid. Approved Jan. 14, 1865. CHAPTER XCIII. An ACT to Incorporate Provo City. Sec. 1.-Be it enacted by the Governor and Legislative Asseinby of the Territory of Utah: That all that district of country embraced in the following boundaries, in TJtah county, to wit: Commencing two miles south from the present survey of the city of Provo, at the edge of Utah Lake, thence east to the mountain, thence northerly with the mountain to the north bank of Provo river, thence west to the said Lake, thence southerly along the edge of the Lake to the place of beginning shall be known and designated under the name and style of Provo City; and the inhabitants thereof are hereby constituted a body corporate and politic, by the name aforesaid; and shall have perpetual succession, 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 style aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended in all Courts of law and equity; and in all actions whatsoever; to purchase, receive, hold, sell, lease, convey and dispose of property real and personal for the benefit of said city, both within and without its corporate boundaries; to improve and protect such property, and to do all othe'r things in relation thereto as natural persons. Sec. 3.-The municipal government of said city is hereby vested in a City Council, to be composed of a Mayor, three Aldermen, one from each ward, and five Councilors, who shall have the qualifications of electors in said city, and shall be chosen by the qualified voters thereof, and shall hold their office for two years, and until their successors are elected and qualified. Sec. 4.-An election shall be held on the second Monday in February next, and every two years thereafter, on said day, at which there shall be elected, one Mayor, three Aldermen and five Councilors; and the persons respectively receiving the highest number of votes cast in the city, for said officers, shall be declared elected. When two or more candidates shall have an equal number of votes for the same office, the election shall be determined by the City Council. Sec. 5.-The first election under this act shall be conducted in the following manner, to wit:. The County Clerk of Utah county shall cause notice of the time and place, and the number and kind of officers to be chosen, to be posted up in four public places in said city, at least ten days previous to said election. Two Judges shall be selected, by the Probate Judge of Utah county, at least one week previous to the day of election,; said Judges shall choose two Clerks, and the Judges and Clerks, before entering upon their duties, shall take and subscribe an oath or affirmation for the faithful discharge thereof. The poll shall be open at 8 o'clock a.m., and shall close at 6 o'clock p.m. At the close of the election the Judges shall seal up the ballot box and the list of names of the electors and transmit the same, within two days, to the County Clerk of Utah county. As soon as the returns are received, the County Clerk, in the presence of the Probate Judge, shall unseal and examine them,_and furnish within five days, to each person having the highest number of votes, a certificate of his election. In case of a tie, it shall be decided by lot drawn by the County Clerk in presence of the Probate Judge. .