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appointed by the council. The offices of recorder and assessor shall be deemed incompatible.

patible.

No person shall Offices incombe eligible to any elected office unless he is a qualified Who eligible. voter of said town.

4.

Elections.

First election;

office to re

tion: when to

Who entitled

to vote.

The first election under this act shall be held on the first Monday in April, one thousand eight hundred when held. and ninety-five, as hereinafter provided; and all of the officials of said city now in office, shall remain in their officers now in respective positions until their successors are elected and main, etc. qualified under the provisions of this act; and there shall be an election held on the first Monday of March Annual elecin each year thereafter. The vote at such election shall be held. be by ballot. All persons who shall have been bona fide residents of the city for three months next preceding any election, and entitled to vote under the constitution of the state, shall be entitled to vote at such election, but only in the ward of their residence. The Places of votsaid election shall be held and conducted at such places, How elections and under such rules and regulations not inconsistent held, etc. with the laws regulating district elections, as may be prescribed by the council. Contested elections shall be contests; how heard and decided by the council, and the proceedings decided. therein shall conform as nearly as may be to similar proceedings in the case of county and district officers. The council shall be the judge of elections, returns and qualifications of its own members.

5.

Terms of Office.

ing.

Terms of office

The term of office of the mayor, recorder and solicitor and other elective officers shall be one year, of councilmen. and of councilmen shall be two years, beginning on the second Monday of April, one thousand eight hundred and ninety-five, and as to all subsequent elections on the second Monday in March next succeeding that election and continuing until their successors are elected and qualified, except that the term of office of one of the councilmen from each of the wards elected at the first election provided for under the next preceding section who shall be designated by lot in the presence of and under the direction of council, shall be one year. The term of office of all officers appointed by the council cers. shall be as prescribed by the council, but shall not exceed one year.

Term of appointive offi

City of Sisters

powers.

City of Sistersville; Corporate Powers.

1. The inhabitants of Tyler county, in this state, ville; corporate now and hereafter residing within the boundaries prescribed in the next section hereof, shall be and they are hereby constituted a body politic and corporate by and under the name of "The City of Sistersville," and as such, and by and in that name, shall have perpetual succession and a common seal, and may sue and be sued, contract and be contracted with, purchase, lease, hold and use real and personal property necessary for corporate purposes, and generally shall have all the rights, powers and franchises appertaining to municipal corporations in this state.

Boundaries.

Boundaries. 2. The boundaries of said city shall be as follows: Beginning at a stone and small apple tree on the northwest side of the Ohio River railroad track on the river bank, a short distance above the high trestle at Steele's planing mill and box factory; thence S., 2 E., crossing Williamson's rock quarry on the point, 116 rods to an apple tree and stone in Woods' orchard, on said Woods' line next to Jno. W. Shay; thence S., 40 W., crossing the Sistersville and Point Pleasant road below the graveyard and just to the right of oil well of C. P. McCoy below said road; thence, passing through J. B. McCoy's orchard, crossing the Sistersville and Salem turnpike, and 320 rods in all, to a stone corner on the river hill in E. Wells' field near an oil well (distant five rods off) and bearing N., 13 W., from said corner; thence N., 72 W., crossing the Ohio River railroad track at 50 rods, crossing the county road at 100 rods, and 152 rods in all, to an oil well on the Ohio river bank and 27 rods above the mouth of Cow House run; thence up the Ohio river, and including the river to low water mark on the Ohio side, to the place of beginning.

Officers.

By whom elected.

Appointive officers.

Officers.

two

3. The officers of said city shall be a mayor, councilmen for each ward, a collector and treasurer, a recorder, a street commissioner, an assessor, a superintendent of the electric lights, gas, water works, and streets and sewers; all of whom shall be elected by the qualified voters of the city, and the councilmen by the qualified voters of their respective wards. Chief of police and solictor shall be appointed by the council of the said city. The other officers named in this section shall be

regulations.

ter.

vine worship

etc.

houses.

fences.

forestalling or regrating of such markets, to prevent injury or annoyance to the public or to individuals from General police anything dangerous, offensive or unwholesome; to prohibit or regulate slaughter-houses, tan-houses and soap factories within the city limits, or the exercise of any unhealthy or offensive business, trade or employment; to abate all nuisances within the city limits, or to require and compel the abatement or removal thereof, by or at the expense of the person causing the same, or by or at the expenses of the owner or occupant of the ground on which they are placed or found; to cause to be filled up, raised or drained, by or at the expense of the owner, any town lot covered or subject to be covered by stagnate water; to prevent horses, hogs, cattle, stagnant washeep or other animals and fowls of all kinds, from Animals rungoing or being at large in said city, and as one means ning at large. of prevention to provide for impounding and confining such animals and fowls, and, upon failure to reclaim, for the sale thereof; to protect places of divine worship, and Places of dipreserve order in and about the premises where and when such worship is held; to regulate the keeping of gunpowder, dynamite, glycerine and other inflammable Gunpowder, or dangerous substances; to provide for the regular Building of building of houses or other structures, and for making and maintaining of division fences by the owners of ad- Division joining premises, and for the proper drainage of town lots, by or at the expense of the owner or occupant thereof; to provide against danger or damages by fire; Fire regulato punish for assaults and batteries; to prevent loitering tions. in or visiting houses of ill-fame, or loitering in saloons, or upon the streets; to prevent lewd or lascivious conduct, the sale or exhibition of indecent pictures or other Certain ofrepresentation; to prevent and punish gambling, the desecration of the Sabbath day, profane swearing, the illegal sale of all intoxicating liquors, drinks, mixtures and preparations; to protect the persons of those residing or being within the city; to build or purchase, or lease and use, a suitable place of imprisonment within City prison. the said city, for the safe keeping or punishment of persons charged with or convicted of the violation of ordinances; to erect or authorize or prohibit the erection of additional electric, gas or water works within the city Electric, gas limits; to prevent injury to such works, or the pollution works. of any gas or water used, or intended to be used, by the public or by individuals; to provide for and regulate the weighing of hay, coal and lumber and other articles hay, coal, etc. sold or kept for sale within said city; to alter, remove and repair landings, wharfs and docks, and to establish Wharves, and collect rates and charges for the use thereof; to regulate the running and speed of cars within said city; speed of cars

fenses.

and water

Weighing of

docks, etc.

Appointive

officers: pow

tion, duties,

bonds of.

Appointed Officers; Duties, Bonds, etc.

6. The council shall prescribe the powers and duties ers, compensa- of all officers by it appointed, except so far as the same are by this act prescribed. It shall fix their compensation and may require and take from them respectively bonds payable to the city in such penalties and with such sureties as it may deem proper, conditioned for the faithful discharge of their duties.

Wards.

Boundaries of
wards; may be
changed;
when; how

Powers o council.

Boundaries of Wards.

7. The council of said city shall divide the same into three or more wards, after making a careful enumeration of the population resident therein; and shall, as far as possible, make the population of each ward uniform: and two members of council shall be elected from each of said wards as provided in the third section of this

act.

8. The council may, after one year after the passage of this act, by ordinance, change the boundaries of the several wards, and may increase or decrease the number of said wards; but no such increase or decrease shall be made until notice of change of boundaries, or increase or decrease of the number of wards, has been given by order of council, by publication in one or more of the newspapers published in said city, for two successive weeks prior to the meetings of council at which ordinance it is proposed for passage; and said notice shall name the time of such meeting. No such ordinance shall affect the title of councilman in office at the time of its passage.

9.

Of Council: Its General Powers.

The council of said city shall have the power to lay off, vacate, close, open, alter, grade and keep in repair, and free from obstructions, the roads, streets, alleys, pavements, sidewalks, crosswalks, drains, sewers and sidewalks, etc. gutters therein, for the use of the citizens or of the pub

As to streets,

Markets.

lic; to improve and light the streets, alleys, buildings and grounds of said city; to regulate the width of pavements, sidewalks, footways, on the streets and alleys, and to order the pavements, sidewalks, footwalks, drains and gutters to be kept in good order, free and clean, by the owners or occupants of the real property next adjacent thereto; to establish and regulate markets. prescribe the time of holding same, provide suitable building or buildings therefor, and preventing the

regulations.

ter.

vine worship

etc.

forestalling or regrating of such markets, to prevent injury or annoyance to the public or to individuals from General police anything dangerous, offensive or unwholesome; to prohibit or regulate slaughter-houses, tan-houses and soap factories within the city limits, or the exercise of any unhealthy or offensive business, trade or employment; to abate all nuisances within the city limits, or to require and compel the abatement or removal thereof, by or at the expense of the person causing the same, or by or at the expenses of the owner or occupant of the ground on which they are placed or found; to cause to be filled up, raised or drained, by or at the expense of the owner, any town lot covered or subject to be covered by stagnate water; to prevent horses, hogs, cattle, Stagnant washeep or other animals and fowls of all kinds, from Animals rungoing or being at large in said city, and as one means ning at large. of prevention to provide for impounding and confining such animals and fowls, and, upon failure to reclaim, for the sale thereof; to protect places of divine worship, and Places of dipreserve order in and about the premises where and when such worship is held; to regulate the keeping of gunpowder, dynamite, glycerine and other inflammable Gunpowder, or dangerous substances; to provide for the regular Building of building of houses or other structures, and for making houses. and maintaining of division fences by the owners of ad- Division joining premises, and for the proper drainage of town lots, by or at the expense of the owner or occupant thereof; to provide against danger or damages by fire; Fire regulato punish for assaults and batteries; to prevent loitering tions. in or visiting houses of ill-fame, or loitering in saloons, or upon the streets; to prevent lewd or lascivious conduct, the sale or exhibition of indecent pictures or other Certain ofrepresentation; to prevent and punish gambling, the desecration of the Sabbath day, profane swearing, the illegal sale of all intoxicating liquors, drinks, mixtures and preparations; to protect the persons of those residing or being within the city; to build or purchase, or lease and use, a suitable place of imprisonment within City prison. the said city, for the safe keeping or punishment of persons charged with or convicted of the violation of ordinances; to erect or authorize or prohibit the erection of additional electric, gas or water works within the city Electric, gas limits; to prevent injury to such works, or the pollution works. of any gas or water used, or intended to be used, by the public or by individuals; to provide for and regulate the weighing of hay, coal and lumber and other articles hay, coal, etc. sold or kept for sale within said city; to alter, remove and repair landings, wharfs and docks, and to establish Wharves, and collect rates and charges for the use thereof; to regulate the running and speed of cars within said city; speed of cars

fences.

fenses.

and water

Weighing of

docks, etc.

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