Licenses to

sell spirituous

less, etc.

may revoke such license at any time if the condition of the said bond be broken. And no license to sell strong liquors; not to or spirituous liquors, or wine or beer, ale, porter or be granted, un- drinks of like nature, within said city, or within one mile of the corporate limits thereof, shall be granted by the county court of Kanawha county, unless the person applying therefor shall produce to said county court the certificate of the council of said city, of its consent to the granting of such license. They may impose a liLicense tax on cense and assess a tax thereon on all wheeled vehicles for public vehicles and dogs. public hire, and upon all dogs kept within the corporate limits.

Sergeant; his Jowers and duties.

May distrain and sell for taxes.

To take noth

ing but money

for taxes, with

out, etc. His bond.

Not to collect fines nor con

trol police.

Lien for taxes, etc.

27. The sergeant shall have the power to collect the city taxes, levies, wharfage, licenses, and all other claims due the city placed in his hand by the council for collection.

He may distrain and sell for taxes, and in all respects have the same power to enforce the collection thereof as the sheriff has to enforce the payment of state taxes, after sixty days from the time the assessor's books are placed in his hands for collection. He shall take nothing but money for taxes he has to collect, nor for any other collection, without the direction of council. He shall give bond in such amount as the council may require, but in no case shall his said bond be for a less sum than twenty thousand dollars. He shall not collect the fines imposed by the mayor, nor shall he have any control of the police, who shall collect said fines, and whose duties and compensation may be determined by said council.

28.

There shall be a lien upon real estate within said corporation for the city taxes assessed thereon, from the commencement of the year in which they are assessed; and for all other assessments, fines and penalties assessed or imposed upon the owners thereof by the authorities of the city, from the time the same are so assessed or imHow enforced. posed; which lien shall be enforced by the council in the

same manner as the lien for taxes for county purposes is now enforced, or by appropriate suit in any court of record in Kanawha county. The lien aforesaid shall have priority over all other liens, except that for taxes due the state. The lien upon real estate within said corporation for corporation taxes heretofore assessed thereon and not paid, may be enforced by appropriate suit in any court of record in Kanawha county: Provided, Such be instituted within five years from the commencement of the year in which said taxes were assessed.

prohibit cer

29. The council may prohibit any theatrical or other Council may performance, show or exhibition, which it may deem tain shows, injurious to the morals or good order of the city.

etc.

bond from cer

ditions, etc.,

30. The council shall have the power to require and May require take from the mayor, recorder, sergeant, treasurer, or tain officers: ar y other officer that may be appointed or elected to any penalties, conoffice of trust under this act, an official bond; and the thereof. said council shall determine the amount of the penalty of the bond, and shall by a recorded vote determine and approve said bond or bonds.

No officer to be taken as

surety. tional bond.

New or addi

The bond of the sergeant shall not be for a less Sergeant's amount than twenty thousand dollars; and all such bond. bonds shall be made payable to the city of Charleston, and shall be conditioned for the true and faithful performance of the duties of his office and that he will faithfully pay over and account for all moneys that may come into his hands as such officer, whenever and as he shall be required by the council. No councilman or other officer of the city shall be taken as security on any of the bonds of any other officer; and new or additional bonds may be required of the said officers at any time and, in the event the said officer fails or refuses to give such new or other bond when required by the council, within thirty days after said requirement, his office shall be declared vacant. The council shall have power to remove any of its officers or members for good cause shown, and the order of removal shall show the Removal of cause, and the same shall be entered of record on the what; how. journal of the council. Misconduct in office, habitual or wilful neglect of any duty, manifest incompetence, the commission of any offence punishable by imprisonment, or involving a violation of his official oath, habitual intemperance, or grossly immoral conduct, shall be deemed good cause of removal.

officers: for

duties.

31. The mayor shall be the chief executive officer of Mayor; his the city, and shall take care that all by-laws, ordinances powers and and orders of the council are faithfully executed. He shall be ex officio a conservator and justice of the peace within the city, and shall within the same exercise all the powers and duties vested in justices, except that he shall have no jurisdiction as such in civil cases. He Control of poshall have control of the police of the city, and may appoint special police officers whenever he deems it necessary; and it shall be his duty especially to see that the peace and good order of said city are preserved, and that the persons and property therein are protected; and order. to this end he may cause the arrest and detention of all

lice; special police.

To preserve

Arrest of rioters, etc.

Execution for fines, etc.

riotous and disorderly persons in said city before issuing his warrant therefor.

He shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof; and, in default of such payment, he may commit the party in default to the jail of Kanawha county, or city prison, until the fine or penalty and costs shall be paid, to be employed during Commitment 1 the term of his imprisonment as hereinafter provided; for non-pay-but the term of imprisonment in such cases shall not exceed the term of thirty days.

ment.

Imprisonment limited.

Mayor's compensation.

powers and

duties.

or, when.

He shall from time to time recommend to the council such measures as he may deem needful to the welfare of the city.

He shall receive a compensation for his services, to be fixed annually by the council, which shall not be increased or diminished during the year.

32. The duty of the recorder shall be to keep a journal of the proceedings of the council and have charge of and preserve the records of the city. He shall attend the mayor in all examinations, receive and. and issue his orders, swear witnesses, and perform all the duties of a clerk in the council and mayor's court. Recorder: his In the absence of the mayor he shall have all the authority of that officer, and shall exercise the functions. of the office of mayor. He shall charge the sergeant To act as may- with the whole amount of the taxes on the assessor's books, in a book provided for the purpose, and shall give him credit for all the money shown by treasurer's receipts to have been paid to the treasurer, and such other credits as the council may direct, or be allowed by law; and shall charge the treasurer in a book provided for the purpose with all the money shown to have been received by him from the duplicate receipts received from the sergeant, and credit him with all the orders. issued by authority of the council and paid by him. He shall receive a compensation for his services to be fixed annually by the council, which shall not be increased or diminished during the year.

Accounts to be

kept by him.

His compensation.

33. It shall be the duty of the sergeant to collect all such taxes, levies and other claims due the city that may be placed in his hands for collection by the council, and Sergeant; his shall pay over said taxes as follows: One-half of the levy on or before the first day of March, and the residue on the first day of September next succeeding the date when said taxes were placed in his hands for collections; and he shall pay interest at the rate of ten per

powers and duties.

When to pay

over his collections.

cent. per annum on any deficiency on said payments from the day he shall so fail to pay as required.

If he fail, to be

charged interest.

be made; how.

He shall be charged with all such collections, and no deductions shall be allowed him for taxes, unless he make a delinquent list within one year from the time he Delinquent receives the assessor's books for collection, and return list; when to the said list to the council with an oath thereto attached, stating that the said list is correct and just; that he has received no part of the taxes mentioned in said list so returned, and that he has used due diligence to find property liable to distress for said taxes, and has found none, and that he could not collect the same.

urer: how dis

Council may

34. All moneys belonging to the city shall be paid to Funds to be the treasurer and be receipted for by him in duplicate, paid to treasand none of which shall be paid out by him except upon bursed. an order of the council signed by the mayor and recorder. The council may fund its indebtedness by issue bonds. issuing bonds of the city, payable within twenty years, when payable: bearing no greater rate of interest than six per cent., voters must but the indebtedness of the city shall not thereby be in- consent. creased without the consent of the voters of said city being first had and obtained, as provided for by law.

rate of interest;

be sold, etc.,

Such bonds shall not be sold for less than par, nor ex- Bonds not to changed for the evidences of indebtedness of said city under par. except dollar for dollar; and there shall be provided a sinking fund that will discharge said bonds and interest sinking fund. thereon as the same shall become due; said bonds shall express on their face that they may be paid at any time Time to run. after five years from their date, at the pleasure of the council, and a record shall be kept of all proceedings hereunder: Provided, That nothing herein contained Bonded debt shall be construed to authorize an increase of the bonded limited. indebtedness beyond the amount now allowed by law.

35. If the said treasurer shall fail to account for and Proceedings against treaspay over all or any moneys that shall come into his urer; where to hands when thereto required by the council, it shall be be had. lawful for the council, in the corporate name of the city, by motion before the circuit or county court of Kanawha county, after ten days' previous notice, to recover from the treasurer and his sureties, or their personal representatives, any sum that may be due from said treasurer to said city.

geant: where

36. If the segeant shall fail to collect, account for Proceedings and pay over all the taxes, fines and other revenue of the against sertown in his hands for collection, according to the con- to be had. 'ditions of his bond, it shall be lawful for the council to recover the same by motion in the corporate name of the

Citizens, etc., exempt from road, etc, taxes, when.

Vested rights, consistent laws, etc, unaffected.

Needful regula

tions, street

etc.

city, before the said circuit or county court of Kanawha county, after ten days' notice, against the said sergeant and sureties, or any, or either of them, his or their executors or administrators.

37. The said city and the taxable persons and property therein shall be exempt from all expenses or liability for the construction or repair of roads or bridges or other taxes for county or district purposes outside of the corporate limits of said city for any year in which it shall appear that said city shall at its own expense provide for its own poor and keep its streets in order.

38. All rights, privileges and property of the said city heretofore acquired and possessed, owned and enjoyed, by any act now in force, shall continue undiminished and remain vested in said, city under this act; and all laws, ordinances, acts and resolutions of the council now in force and not inconsistent with this act, shall be and continue in full force and effect until regularly repealed by a council elected as provided under this act.

39. The council shall shall adopt all needful and just expenditures, ward regulations, whether general or special, for the good of the citizens thereof. It shall also authorize street expenditure in several wards as equity and justice shall demand, and may authorize the collection of a special tax for a specified purpose.

Fines, etc., to be worked out, when.

40. The council shall provide for the employment and safe keeping of persons who may be committed for default in payment of fines, penalties or costs under this act, and who are otherwise unable to discharge the same, by putting them to work for the benefit of the city, and to use such means to prevent their escape while at work as they may deem expedient; and shall keep on hand an ample supply of necessary material for the same, and shall provide all necessary tools, implements, fixtures and facilities for the immediate employment of any and all of such persons; shall fix a reasonable rate per diem as wages to be allowed to any such person, until such fine and costs against him are discharged; and the recorder shall keep an account of all fines and such fines, etc. penalties so collected and expended.

Facilities therefor.

Wages allowed.

Account of

Elk City; du

41. It shall be the duty of the officers of Elk City ties of officers when this act goes into effect, to at once turn over to of, hereunder. the corporate authorities of Charleston all records and property of Elk City, for preservation and use, as part