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Realestate re

turned delin

quent; how return made,

to whom cer


How such real

estate sold..


from certain taxes.

same out of the accruing rent or to recover the same amount so paid from the owner of such real estate, unless it shall have otherwise been especially agreed. If any real estate in said city be returned delinquent for the non-payment of taxes thereon, and such return shall be made by the collector thereof in such manner as the council of said city may prescribe, a copy of such delinquent list may be certified by the council to the auditor of the state, and the same may be sold for the taxes, interest and commission thereon, in the same manner and at the same time, by the same officer, as real estate is sold for non-payment of state taxes.

48. No taxes or levies shall be assessed upon or collected from the taxable persons or property within the corporate limits of said city, for the construction or keeping in repair of roads or bridges, the building, leasing or repairing of school houses, or the purchase of lands for the same or for the support of schools, or for the support of the poor of Cabell county, outside of said corporate limits, for any year in which it shall appear that said city shall at its own expense provide for its own poor and keep its own roads, streets and bridges in good order; and neither the county court of Cabell county, nor the authorities of the district in which said control roads city is situated, shall have or exercise jurisdiction within the corporate limits with relation to the roads, streets, alleys, bridges, school or school-houses therein, but the same shall be and remain under the exclusive jurisdiction and control of the municipal authorities of said city.

Authority to

and schools.

Licenses; for


refuse or re



49. Whenever anything for which a state license is what city may required to be done within the said county, the council may require a city license therefor, and may impose a tax thereon for the use of the city; and the council shall Power to grant, have the power to grant, refuse or revoke such license, and also license to owners or keepers of hotels, carts or wagons, drays and every other description of wheeled carriages kept or used for hire in said city, and to levy and collect tax thereon and to subject the same to such regulations as the interest and convenience of To sell spirit- the inhabitants of said city, in the opinion of the council, uous liquors. shall require. No license to sell strong or spirituous liquors, or wine, ale, beer, porter, or drink of like nature, within the said city, or within one mile of the corporate limits thereof, excepting any other municipal corporation which may lie within said limit, shall be granted by the county court of the county of Cabell; but the common council of said city shall have the power


to grant, refuse or revoke any such license within the corporate limits thereof. The council may require from the person so licensed a bond, with approved security, Bond of lipayable to said city, in such penalty and with such conditions as it may think proper, and may revoke such license at anytime if the condition of the bond be broken; and the council shall have authority to subject any Power to fine, person or persons, who without having paid the tax business withimposed by the said council for the privilege, shall do any act or follow any employment or business in the said city, upon which the council are or shall be authorized to impose a tax, to any fine or imprisonment which they are or may be authorized to impose or inflict for the enforcement of their ordinances.

etc., for doing

out license.

Authority to

direct the con struction of

Authority to

walks, etc.,


50. The council shall have authority to put down a suitable curb of brick, stone or other material at the ex- curb for, and pense of the said city along and for the footways and sidewalks of the streets and alleys of said city, and to sidewalks, etc order the construction and repair of sidewalks and gutters of such material and width as the council may determine, by the owners or occupiers of the lots or parts of lots facing upon said streets and alleys; and in case they or any part of them refuse to put down or repair such sidewalks and gutters when required, it shall be lawful for the council to have such sidewalks and gut- construct sideters constructed or repaired, and to collect the expense and to collect thereof, with one per centum per month interest added expenses thereafter a demand of thirty days, from the said owner, How such exowners, occupier, or occupiers, or any of them, by dis- pense coltress or sale, in the same manner in which taxes levied upon real estate for the benefit of the said city are herein authorized to be collected, and shall remain a lien upon said lot or part of lot, the same as taxes levied upon real estate in said city; which lien may be enforced by a suit in equity before any court having jurisdiction, as other liens against real estate are enforced: Provided, however, Notice to conThat a reasonable notice shall first be given to the said walks, ets. owner or occupier, or their agent; that they are required to construct or repair such sidewalk or gutters. In case of non-residents who have no known agent in said city, given. such notice may be given by publication for not less than four consecutive weeks in any newspaper printed in said city; and in all cases where a tenant shall be re- Tenats may quired to construct or repair sidewalks or gutters in front of the property of his or her occupancy, the expense of such construction or repairing may be deducted rent, unless, out of the accruing rent of said property, and he or she etc. may recover the amount so paid, from the owner, unless otherwise especially agreed upon.

To non-residents; how

pave sidewalks, etc., and deduct amount from accruing

Road and street tax; amount; by

whom paid and


51. There shall be a tax of one dollar annually assessed on each and every male inhabitant of said city how collected. Over twenty-one and under fifty years of age, by the city assessor at the time of his listing personal property, and for the purpose hereinafter set forth, and the same shall be set out and included in the personal property book against every such inhabitant, and shall be collected by the city collector at the time of collecting other levies and taxes. All moneys collected and fines recoved under this section shall be expended upon the roads, streets, alleys, sidewalks, cross walks, footways, drains, gutters and wharfs of said city; and the common council thereof shall have power to expend from the revenue of said city additional sums upon the highways that it may deem proper and necessary for work, tools or material. The commissioner of. streets shall have all the rights, powers and privileges, and perform 'all the duties, by law conferred upon and required of surveyors of roads in a district, and shall be subject to the same fines and penalties imposed by law upon such surveyor or for any neglect of his duty.

Authority to
ex end addi-
tional sums.
of streets:
powers, duties,
etc.. of.

[blocks in formation]

52. The present mayor, city clerk, city assessor, treasurer and councilmen, and other officers of said city, shall remain in office and exercise the same duties as are prescribed for them by the laws or ordinances of said city in force previous to the passage of this act, until, and no longer than, an election for mayor, councilmen, and other officers, and their qualifications be held under this act according to the provisions thereof.

53. All other acts and parts of acts coming within the purview of this act, and inconsistent herewith, are hereby repealed.

WILLIAM SEYMOUR EDWARDS, Speaker of the House of Delegates.


President of the Senate.



February 20, 1895.

I certify that the foregoing act, having been presented to the governor for his approval, and not having been returned by him to the house of the legislature in which it originated within the time prescribed by the constitution of this state, has become a law without his approval. W. E. CHILTON, Secretary of State.

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.

(House Bill No. 15.)


AN ACT to amend and re-enact sections two, three, five, eight, nine, eleven, thirteen, seventeen, twenty, twenty-seven, twenty-nine, thirty-one, thirty-two, thirty-five and forty-two of chapter four of the acts of the legislature of West Virginia, passed on the thirteenth day of February, one thousand eight hundred and eighty-nine, to amend the charter of the city of Moundsville and to extend its corporate limits.

[Passed January 29, 1895.]

Be it enacted by the Legislature of West Virginia:

That sections two, three, five, eight, nine, eleven, thir- Acts amended teen, seventeen, twenty, twenty-seven, twenty-nine, thirty-one, thirty-two, thirty-five and forty-two of chapter four of the acts of the legislature of West Virginia of the year one thousand eight hundred and eighty-nine, be amended and re-enacted so as to read as follows:


2. The boundary of said city shall be as follows: Corporate Beginning at the mouth of Big Grave creek, on the north side thereof and at the intersection of the low water mark of said creek with the low water mark of the Ohio river; thence up said creek, south, sixty-two degrees and twenty-five minutes east, forty-four rods; south, seventy-four degrees east, twenty-two and onehalf rods; north, seventy-seven degrees east, thirteen and four-fifths rods; north, sixty-two degrees east, sixteen and seven twenty-fifth rods; south, eighty-two degrees east, sixty-seven and three twenty-fifth rods; north, sixty-six degrees east, nineteen and one-half rods; north, three degrees east, twenty-four and one-half rods;

north, sixty-one degrees and thirty minutes east, fifty rods; north, eighty degrees and thirty minutes east, twenty-seven rods; north sixty-three degrees, thirtytwo and one-half rods; south, thirty-six degrees and fifteen minutes east, thirty-six and two-fifth rods; south, eighty-eight degrees and twenty minutes east, twentysix and four-fifth rods, to a point in said Big Grave creek, which point is located, north, thirty-one degrees west, fifteen feet from the centre of a large sycamore tree marked as a pointer to this corner; thence, up Middle Grave creek, north, seven degrees and thirty minutes east, thirty-two rods; north, nineteen degrees and fifteen 'minutes east, fifty-one rods, to a point at low water mark of Middle Grave creek, on the north side thereof, which point is situated, south, sixty degrees and twelve minutes east, eight and two-fifth rods from the centre of the opening of the penitentiary sewer; thence, leaving said creek, north, eight degrees and thirty-five minutes west, thirty-eight and sixty-three one-hundredth rods, to a stone at the intersection of two roads; thence, leaving old corporation line, north, fifty-seven degrees and thirty-six and one-half minutes east, one hundred and fortysix and two-tenth rods, to the northwest corner of Fair ground property; thence, with north line of said Fair ground property, south, eighty-eight degrees eight and one-half minutes east, nine and forty-six one-hundredth rods, to a point on west side of the extension of Myrtle avenue in Annadale addition to Moundsville; thence, with said west side of Myrtle avenue, north, three degrees twenty-six and one-half minutes east, seventy-nine and seventy-three one-hundredth rods, to a point in north side of Fourth street; thence, with north side of Fourth street, south, eighty-six degrees and thirty-three and one-half east, fourteen and ninety-seven onehundredth rods, to a point in the line between B. W. Price and Jonathan Roberts; thence, with said Price-Roberts line, north, four degrees fifty-seven and one-half minutes east, forty-one and forty-two one-hundredth rods, to a point in B. W. Price's line; thence, with said Price's and the line between the M. M. and M. Co.'s land and Jonathan Roberts, north, eighty-six degrees eight and one-half minutes east, sixty-seven and thirteen one-hundredth rods, to a point in the extension of west side of Pine avenue in the M. M. and M. Co.'s addition to Moundsville; thence, with west side of Pine avenue, north, eighteen degrees forty-seven and onehalf minutes west, one hundred and forty-six and seyenty-five one-hundredth rods, to a point on the southwest side of Highland avenue; thence, with the southwest side of Highland avenue, on a curve having a

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