History, 1838–1856, volume E-1 [1 July 1843–30 April 1844]

  • Source Note
  • Historical Introduction
Page 1797
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<​December 8​> Section 1. Be it ordained by the city Council of the city of , according to the intent and meaning of the charter for the “benefit and convenience” of , that hereafter, if any person or persons shall come with process, demand or requisition, founded upon the aforesaid difficulties, to arrest said Joseph Smith, he or they so offending shall be subject to be arrested by any officer of the , with or without process, and tried by the Municipal court, upon testimony, and if found guilty sentenced to imprisonment in the city Prison for life, which convict or convicts can only be pardoned by the Governor, with the consent of the Mayor of said .
Section 2. And be it further ordained, that the preceeding Section shall apply to the case of every and all persons, that may be arrested, demanded or required upon any charge founded in the aforesaid difficulties.
Section 3. And be it further ordained, that the Jury that makes the presentment, in any case above specified, shall not, nor either of them, [HC 6:105] act as Jurors on the final trial, but the trial shall be conducted according to the fifth and sixth articles of the Amendment to the Constitution of the . Passed December 8th. 1843.
Recorder
Joseph Smith Mayor.”
The city Council also passed “An ordinance to erect a Dam in the , and for other purposes.”
“Section 1. Be it ordained by the city Council of the city of , that Joseph Smith and his successors for the term of perpetual succession, are hereby authorized and empowered to erect a dam, of suitable height to propel mills and machinery, from any point within the limits of said and below the , and in a proper direction to reach the Island this side of , but not to interfere with the main channel of the .
Section 2. And be it further ordained that the said Joseph Smith and his successors are further authorized to erect North of the aforesaid Island, a Dam, Pier, or Break-water to intersect the Sand Bar above.
Section 3. Be it further ordained that said Joseph Smith and his successors are also authorized and have full liberty to use the said Dam and water for the purpose of propelling mills and machinery, and shall be governed in their rates of toll, and rules of Manufactory by ordinance of said .
Section 4. And be it further ordained that the said Joseph Smith and his successors, are further authorized and empowered, to use the space within the limits of the said Dam as a Harbor or Basin for Steam Boats, and other Water Craft, and for which purpose they may construct docks, wharves, and landings, and receive such fees for wharfage, as may be regulated by ordinance of said .
Section 5. And be it further ordained that said Joseph Smith and his successors, are further authorized to build an embankment on the East side of the aforesaid Island— to connect the said Dam with the Pier on the North, and to use the top of said Dam for a public Road or highway [p. 1797]
December 8 Section 1. Be it ordained by the city Council of the city of , according to the intent and meaning of the charter for the “benefit and convenience” of , that hereafter, if any person or persons shall come with process, demand or requisition, founded upon the aforesaid difficulties, to arrest said Joseph Smith, he or they so offending shall be subject to be arrested by any officer of the , with or without process, and tried by the Municipal court, upon testimony, and if found guilty sentenced to imprisonment in the city Prison for life, which convict or convicts can only be pardoned by the Governor, with the consent of the Mayor of said .
Section 2. And be it further ordained, that the preceeding Section shall apply to the case of every and all persons, that may be arrested, demanded or required upon any charge founded in the aforesaid difficulties.
Section 3. And be it further ordained, that the Jury that makes the presentment, in any case above specified, shall not, nor either of them, [HC 6:105] act as Jurors on the final trial, but the trial shall be conducted according to the fifth and sixth articles of the Amendment to the Constitution of the . Passed December 8th. 1843.
Recorder
Joseph Smith Mayor.”
The city Council also passed “An ordinance to erect a Dam in the , and for other purposes.”
“Section 1. Be it ordained by the city Council of the city of , that Joseph Smith and his successors for the term of perpetual succession, are hereby authorized and empowered to erect a dam, of suitable height to propel mills and machinery, from any point within the limits of said and below the , and in a proper direction to reach the Island this side of , but not to interfere with the main channel of the .
Section 2. And be it further ordained that the said Joseph Smith and his successors are further authorized to erect North of the aforesaid Island, a Dam, Pier, or Break-water to intersect the Sand Bar above.
Section 3. Be it further ordained that said Joseph Smith and his successors are also authorized and have full liberty to use the said Dam and water for the purpose of propelling mills and machinery, and shall be governed in their rates of toll, and rules of Manufactory by ordinance of said .
Section 4. And be it further ordained that the said Joseph Smith and his successors, are further authorized and empowered, to use the space within the limits of the said Dam as a Harbor or Basin for Steam Boats, and other Water Craft, and for which purpose they may construct docks, wharves, and landings, and receive such fees for wharfage, as may be regulated by ordinance of said .
Section 5. And be it further ordained that said Joseph Smith and his successors, are further authorized to build an embankment on the East side of the aforesaid Island— to connect the said Dam with the Pier on the North, and to use the top of said Dam for a public Road or highway [p. 1797]
Page 1797