Committees and boards.

City revenue.

In general.

Adoption of or

Fines, penalty

to create by ordinances such committees or boards, and delegate such authority thereto, as may be deemed necessary or advisable; to provide for the annual assessments of the taxable property therein, and for a revenue for the city for municipal purposes, and to appropriate such revenue to its expenses; and generally to take such measures as may be necessary or advisable to protect the property, public and private, within the city; to preserve and maintain peace, quiet and good order therein, and to preserve and promote the health, safety, comfort and well being of the inhabitants thereof.

Ordinances Inflicting Fines and Penalties.

10. To carry into effect these enumerated powers, dinances, etc. and all others by this act or by general law conferred, or which may hereafter be conferred, upon the said city or its council, or any of its officers, the said council shall have and possess full authority to make, pass and adopt all needful ordinances, by-laws, orders and resolutions, not repugnant to the constitution and laws of the United States, or of this state, and to enforce any and all of such ordinances, by-laws, orders or resoluand imprison- tions by prescribing for a violation thereof, fines and penalties, and imprisonment either in the county jail of Tyler county or in the city prison, if there be one; but no fine shall exceed the amount fixed by the state law for similar offenses, and no term of imprisonment shall exceed thirty days. Such fines and penalties shall be By whom im- imposed, recovered, and such imprisonments inflicted and enforced, by and under the judgment of the mayor of said city; or, in case of his absence or inability to act, of a justice of one of the districts within the same.

ment.

posed, etc.

Removal of officers.

Vacancies; how filled.

Meetings of council.

Removals, Vacancies, etc.

11. The council shall have authority to remove any officer of the city, whether elected or appointed, for misconduct or neglect of duty, by an affirmative. vote of two-thirds of the members of the council, but only after reasonable notice to such officer and a hearing of the charge or charges preferred; and any vacancy in office, however occasioned, may be filled by the council for the unexpired term, until the next city election.

Meetings of Council; Transaction of Business.

12. The council shall fix the place and times of holdRules and reg- ing regular meetings, and may prescribe rules and regulations, not inconsistent herewith, for the transaction of

ulations.

over council.

business, and for its guidance and government. The mayor shall be president of the council, but in case of Who to preside his absence the recorder shall preside; and in case of his absence, one of the council present at any of the meetings thereof, selected for the purpose by a majority. of the members present, shall act temporarily as such presiding officer. A majority of the council shall be Quorum. necessary to constitute a quorum. No member of the council shall vote upon or take part in the consideration ber not to vote. of any proposition in which he is or may be interested otherwise than as a resident of said city; and the mayor Mayor has but or other presiding officer shall have but one vote on any question, and that as a member of council.

Second Vote on Ordinances, etc.

When a mem

one vote.

13. In case any by-law, ordinance, resolution or Passage of ormeasure shall receive a majority of the votes of the dinances, etc. members of the council present, but less than two-thirds of the votes of all members, the mayor, or any two of the councilmen, may insist upon the further consideration thereof, and thereupon it shall not be deemed passed, but it shall be postponed until the next regular meeting of the council, when, if it shall again receive a majority of the votes of the members present, it shall stand and be declared adopted, and not otherwise.

Records.

kept therein. *

be kept there

14. The council shall cause to be kept by the re- Minute book; corder, in a well bound book, to be called the "minute what to be book," an accurate record of all its proceedings, ordinances, acts, orders and resolutions, and in another, to be called "ordinance book," accurate copies of all Ordinance the general ordinances adopted by the council, both of book: what to which shall be fully indexed and open to the inspection in. of anyone required to pay taxes to the city or who may be otherwise interested. All oaths and bonds of officers Oaths and in the city, and all papers of the council, shall be in- be filed. dorsed, filed and securely kept by the recorder. All copies of such ordinances purporting to be published nances; when under authority of the council and transcript of such evidence. ordinances, acts, orders and resolutions, certified by the recorder, under seal of the city, shall be deemed prima facie correct when sought to be used as evidence in any

bonds, etc., to

Copies of ordi

mav be used as

court or before any justice. His salary to be fixed by salary of rethe council and not to be less than one hundred dollars corder. per annum.

Proceedings;

reading, correcting and signing of.

Minutes; Yeas and Nays.

15. At each meeting of the council the proceedings of the last meeting shall be read, and, if erroneous, corrected, and signed by the presiding officer for the time being. Upon the call of any member the yeas and Yeas and nays. nays on any question shall be taken and recorded on the "minute book," and the yeas and nays shall be taken and recorded upon the passage of every ordinance.

Mayor's salary.

Mayor; powers

court.

in criminal

cases.

The Mayor's Salary.

16. The mayor shall receive a salary of not less than one hundred dollars, to be fixed by council; such salary shall be in addition to the fees which may accrue to him in the proceedings for the enforcement of ordinances.

General Powers and Duties of Mayor.

and duties of. 17. The mayor shall be the chief executive officer of the city, and shall take care that the orders, by-laws, ordinances and resolutions of the council thereof are Judge of police faithfully executed. He shall act as judge of the police court, be er officio a justice and conservator of the peace within said city, and shall within the same have, possess Jurisdiction of and may exercise all the powers and perform all the duties in criminal proceeding vested by law in a justice of the peace, but shall have no jurisdiction in civil actions or contracts. Any summons, warrant or other process issued by him in criminal proceedings, at any place within the county, may be executed by him. He may May appoint appoint special police officers whenever he deems it nccessary for special occasions; and it shall be his duty specially to see that the peace and good order of the city are preserved, and that persons and property therein are protected; and to this end he may arrest and detain, or cause the arrest and detention of, all riotous and disorderly persons, before taking other proceedings in the case. He shall from time time recommend to the council such measures as he may deem needful for the welfare of the city. He shall not receive any money due or belonging to the town, until he gives a bond as required by council.

special police

To preserve peace, etc.

His recommendations.

Shall receive no city funds; when.

Proceedings to enforce ordi

nances.

Providing for the Violation of Certain Ordinances.

18. The process in proceedings to enforce any ordinance prescribing a fine or imprisonment, or a fine and imprisonment, for the violation thereof, shall be a summons in the name of the City of Sistersville as plaintiff,

what to con

directed to the sergeant or to any constable of any district within the said city, requiring him to summons the person accused of such violation, and who may thereafter be designated as defendant, to appear before the mayor, at any time and place therein named, to make answer to such accusation, and to be dealt with according to law. Such summons shall contain such statement of the facts alleged as will inform such person of Summons; the general nature of the offense against the city with tain; how iswhich he stands charged; and, except in cases of arrest sued. upon view, shall be issued only upon the complaint on oath of some credible person. But the mayor may, for good cause appearing, by indorsement upon the summons, order the person so accused to be forthwith apprehended and brought before him for a hearing of the charge. The recorder of said city, as well as the mayor, Recorder may shall have authority to receive any complaint in writing issue summon of the violation of an ordinance, and to sign and issue the proper summons based upon such complaint. The Mayor may exmayor shall have, possess and may exercise the power ercise certain and authority belonging to a justice, under section two powers of a hundred and twenty-five of chapter fifty of the code of West Virginia, in summoning and forcing the attendance and examination of witnesses, in punishing for contempts, in granting continuances, and in securing and enforcing the further attendance of accused with a view to a trial or hearing. If any recognizance be taken for further attendance and is forfeited, the mayor recognizance. shall record the default, and an action may be maintained in the name of the city before the mayor or any justice having jurisdiction, against the accused and his sureties, if any, to recover the penalty thereof.

Enforcement of Judgment.

on complaint.

justice.

Forfeiture of

costs collected.

19. The mayor or recorder shall have power to issue How fines and an execution for any fine and cost assessed or imposed by him for the violation of any ordinance, or he may at the time of rendering judgment therefor, or at any time thereafter, and before satisfaction of such judgment, by his order in writing require the immediate payment thereof, and, in default of such payment, he may commit the person so in default to the jail of Tyler county, or, in his discretion, to the prison of said city, if one shall have been provided by the council, until fine and costs are fully paid; but such imprisonment shall not prisonment. exceed thirty days.

Limit of im

Jailer of Tyler

ceive certain

persons,

Duty of Jailer; Jail Expenses.

20. The jailer of Tyler county shall take and receive county to re-into his custody any person sentenced to imprisonment when. in the jail of said county, or committed thereto for the non-payment of a fine and costs, or for the failure to enter into a recognizance, by the judgment or order of the mayor in proceedings for the violation of an ordinance; and the expense of maintaining such person while so in confinement shall be paid by the city.

Expenses

thereof; how paid.

Mayor's docket.

Docket.

21. A book well bound and indexed, to be denominated "the docket," shall be kept in the office of the mayor, in which shall be noted each case brought or tried by him, together with the proceedings therein, including a statement of the complaint, the summons, the return, the fact of appearance or non-appearance, the defense, the hearing, the judgment, the costs; and, in case the judgment be one of conviction, the action taken to enforce the same. The record of each case shall be papers of cass signed by the mayor, and the original papers thereof, if no appeal, with writ of error or certiorari be taken, shall be kept together and preserved in his office.

Record and

before mayor.

Appea's from

mayor's judgment; when and how allowed.

Proceeding in appeals.

22.

Appeal from Judgment in City Cases.

In any case for the violation of an ordinance of the said city, in which there is judgment by the mayor of imprisonment, for a fine of more than ten dollars, an appeal shall lie at the instance of the person against whom such judgment is rendered, to the circuit court of Tyler county. Such appeal shall not be granted by the mayor, unless within ten days from the date of the judgment, such person shall enter into a recognizance, with security deemed sufficient, to appear before the said court on the first day of the next term thereof, to answer for the offense against the city, with which he stands charged, and not thence depart without leave of said court. The provisions of chapter one hundred and sixty-two of the code of West Virginia, relating to recognizances contemplated by this section; but any money recovered thereon or by virtue thereof shall inure to the said city.

23.

Trial in Court.

If such appeal be taken, the mayor shall forthwith deliver to the clerk of said court the complaint in