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36. The council shall be presided over at its meetings Who to preside by the mayor, or in his absence by one of the council selected by a majority of the council present.

37. The presence of a majority of the council shall Quorum. be necessary to make a quorum for the transaction of business.

kept; what to

38. The council shall cause to be kept in well bound Reoks to be books by the city clerk, an accurate record of all its contain, proceedings, by-laws, orders and resolutions, which shall be fully indexed, and open to the inspection of any spect." one who is required to pay in tax to said corporation.

Who may in

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39. At each meeting of the council the proceedings Proceedings of of the last meeting shall be read, and corrected if er- read: to be roneous, and signed by the presiding officer for the time signed. being. Upon the call of any member, the ayes and noes Ayes and noes. on any question shall be taken and recorded in the journal, and the roll shall be called alphabetically. 40. The


shall have a yote only in case of a tie. casting vote The council shall have the power within the Council; powsaid city to construct sewers and other improvements, and also to lay off, open, close, alter, curb, pave and keep in good repair roads, streets, alleys, sidewalks, Strets, sidedrains and gutters, for the public use, and to improve and light the same, and have them . kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways and gutters to be curbed and paved and kept in good order, free and clean, by the owners or pants thereof, or of the real property next adjacent thereto ; to purchase, or otherwise procure, so much land for city land as they may deem necessary for the erection of a purposes. city hall and other building purposes for the use of said city, and for such other uses as the said council may, in its discretion, see proper to devote to the same; and to contract for, build, enlarge and improve said buildings, Public buildand to lease for such time and upon such terms as the said council may deem expedient, any such building or buildings to the county court of Cabell county, to be used as a court house, clerks' offices and jail; and to enclose, ornament and take care of all such buildings; to establish and regulate markets; to prescribe the times of holding the same, and what articles shall be sold only in such markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offen- gerous, offensive or unwholsome; to prevent hogs, cattle, horses, sive, eto,

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Purchase of




Things dan

Animals run

Places of divine worship.


Immoral shows.



Drainage of
Fire regula-

ervation of
Police force.


ningad saree sheep and other animals and fowls of all kinds from

going at large in said city; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which in the opinion of the majority of the whole council shall be deemed a nuisance; to prohibit any theatrical or other performance, show or exhibition which the council may deem

injurious to the morals or good order of the city; to Gunpowder,

regulate the keeping of gunpowder and other combustibles; to provide, in or near the city, places for the

burial of the dead, and to regulate the interments in the Building of

city; to provide and regulate the building of houses and other structures, and for making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations

for guarding against danger or damages from fire; to Protection of protect persons and property of the citizens of said city, propia pres- and to preserve peace and good order therein ; and for

this purpose to appoint, when necessary, a police force

to assist the chief of police in the discharge of his Gas and water duties; to erect, or authorize, or prohibit, the erection

of gas works or water wçrks in or near the city, to pre

vent injuries to or pollution of the same, or to the water Public health. and healthfulness of the city; to regulate and provide Weighing hay, for the weighing of hay, coal and other articles sold or transportation

for sale in the city, and to regulate the transportation thereof through the streets; to provide a revenue for the said city, and to appropriate the same to its expenses; to provide for the annual assessment of taxable persons

and property in the city; to establish and construct Wharves and buildings, wharfs and docks on any ground which does

or shall belong to said city, and to repair, alter or remove any building, wharf or dock which has been or

shall be constructed; and to levy and collect a reason„sels.

able duty on vessels coming to or using the same; and it shall have the power to pass and enforce such ordi

nances as shall be proper to keep the same in good order concerning

and repair; to preserve peace and good order in the same, docks, etc. and to regulate the manner in which they shall be used;

they shall have the power to appoint as many wharfmasters for said city as shall be necessary, to prescribe their duties, fix their fees, and make regulations in respect to such officers as they may deem proper.

The council shall provide for the employment and

safe-keeping of persons who may be committed in defines, etc. fault of the 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

Coal, etc.,

City revenue.

Annual assessment.


Duty en ves



Wharfmasters; their duties, etc.

Employment, etc., of persons in default of payment of

City clerk to

of fines, etc., so collected.


Maintenance of


keep on hand all necessary tools, implements, fixtures and facilities for the immediate employment of any and all such persons, and 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 city clerk kee account shall keep an account of all fines and penalties so collected and expended ; to adopt rules for the transaction of business and for the government of its own body ; for all of which purposes, except that of taxation, the council shall have jurisdiction, when necessary, for one

Jurisdiction. mile beyond the corporate limits of said city, excepting any other municipal corporation within said one mile limit. And the council shall have the power to provide, by taxation or otherwise, for the maintenance of the poor of the city, and contract with the overseer of the poor of Cabell county, to keep and maintain the poor of said city, upon terms to be agreed upon between the council and the overseer of the poor of said county. To carry into effect these enumerated powers conferred upon the said city or its council, expressly or by implication, by this or any future act of the legislature of this state, the council shall have the power to make and

By-laws, ordi pass all needful orders, by-laws, ordinances, resolutions, nances, etc. rules and regulations, not contrary to the constitution and laws of this state, and to prescribe, impose and enact reasonable fines, penalties and imprisonments in the Fines, penalcounty jail or such other place as they may provide, for prisonment. a term not exceeding thirty days, for violations thereof. Such fines, penalties and imprisonments shall be recovered and enforced under the judgment of the police judge of said city, or the person lawfully exercising his functions. And the authorities of the said city may, with the consent of the said county court entered of record, use the jail of the said county of Cabell for

Use of county

any purpose for which the use of a jail may be needed by them, under the acts of the council or of the state.


tions, contracts, ordi

nances; how > made and

42. No money shall be appropriated by the council, Appropriaand no contracts on behalf of said city shall be entered into or authorized, nor shall any ordinance be passed, unless two-thirds of the members present when the ques- passed. tion is put concur therein ; or unless the same be concurred in at two successive regular meetings of the council, held at different dates, by a majority of the members present at each meeting.

43. The council of said city shall annually, before Annual estilevying taxes provided for and authorized by this act, lesy. through such committees as it shall direct, ascertain the total expense of said city to be provided for by said

mate, before



Use of funds restricted.

Annual tax;

levy of.

levy for the fiscal year in which said levy is made; and it shall ascertain the sum of money necessary to pay interest accruing on the bonded indebtedness of said city, and what amounts it shall expend for the support of its various departments, and for the improvements of its streets, alleys, avenues and public grounds, or for

its contingent expenses; and before making such levy Rate to be ap-. it shall apportion the rate thereof among the several portioned be- funds so ascertained and provided for, which said apApportionment portionment shall be spread upon the records of said spread upon council, a copy of which, together with all other matter what to be pub- pertaining to the finances of said city, shall be annually lished and how. published by directions of the council, at the time of

making such levy, in at least two newspapers of said city and of opposite politics; and the funds raised by such levy shall be used for no other purpose than that for which it shall be directed by the apportionment aforesaid, and the use of such funds for any other purpose may be restrained by injunction upon a bill filed

a by any one or more of the taxpayers of said city.

44. The council shall have authority to levy and collect an annual tax on real estate, personal property, tithables and dogs in said city, and upon all other subjects of taxation under the several laws of the state, including bank stock, whether owned by persons residing within the limits of said city or not; gas companies, building associations loaning money, and all other incorporated companies, provided said tax does not exceed one and one-fourth per centum of the assessed value of said property, of the sum of two dollars upon every tithable therein, and not exceeding in other re

spects the amount for which the same subjects are taxed Ito be uniform, for state purposes, which taxes shall be uniform with

respect to persons and property within the jurisdiction
of said city, and shall only be levied on such property,
real, personal and mixed, and on capital, on which the
state imposes a tax.

In case any person shall neglect or refuse to pay in whole or in part any tax lawfully levied upon him or her for the benefit of said city, on or before the first day of January next after the assessment thereof, such person or persons shall be chargeable with interest upon the amount of said taxes, at the rate of one-half per centum per month, until the same are paid; and the officer ap: pointed to collect said tax, shall be chargeable with said interest and required to account therefor.

And it shall be lawful for such officers to take reasonable distress of any personal property in said city be

Limit as to rate.


Neglect or refusal to pay tax; what then.

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tate and not

longing to such delinquent or delinquents, or in which
they shall have any right or interest, and to sell the said
property, right or interest at public sale in said city,
having given ten days' notice of the time and place of
sale, by advertisement posted at some public place in
the said city; and out of the proceeds of such sale, after
paying all proper expenses, to pay to the said city the
amount which shall be due on account of said taxes and
interest, returning the balance, if any, to the owner of
the property, right or interest so solá.
46. In case any taxes levied


real estate for the Taxes levied benefit of said city shall not be paid in full within thirty Hipermarea hesdays after the same shall have become due, it shall be paid; what lawful for the officer appointed to collect such tax to make reasonable distress of any personal property belonging to the owner of said real estate in said city, or in which such owner shall have any right or interest, or of any personal property on the premises taxed belonging to any person in the possession or occupancy thereof, or in which any person shall have any right or interest, and apply the proceeds in the manner prescribed in the last preceding section. And the said officer shall have the right to distrain any such personal property and the same sell and apply as aforesaid, notwithstanding such personal property be included in any deed, deed of trust, mortgage, bill of sale, or other writing made subsequent to the time the tax became due.



47. All taxes assessed upon the real estate within the Taxes assessed said city, for the benefit of said city, shall remain a lien in real estate a thereon from the time the same are so assessed, which priority thereshall have priority over all other liens, except for taxes enforced. due the state, county or district; and may be enforced in the same manner as now provided by law for the enforcement of liens for county taxes, or in such other manner as the council may by ordinance prescribe; and if not paid on or before the first day of January succeeding assessment thereof, said lien and taxes shall bear interest at the rate of one-half per centum per such lien and month until the same be fully paid. And the personal beser property of every person to whom the said real estate erty of persons shall come by descent, purchase or gift of the person or real estate shall persons in possession or occupancy thereof, shall be sub-come by de jected to distress and sale in the same manner and to the ble for such same effect as if he, she or they were originally charged with the taxes. And in all cases in which any tax assessed

upon real estate for the benefit of said city shall tenants debe paid in whole or in part by the tenant, or out of his accruing rents, or her property, he or she shall be entitled to deduct the unless, etc.


to whom such

scent, etc., lia


Taxes paid by

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