Intoxicating liquors.

In general.

Police force.

Regulations pointive offi

cers.

a fire department; to prevent the illegal sale of all intoxicating liquors, drinks, mixtures and preparations therein; to protect the persons and property of the citizens of such city, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the sergeant in the discharge of his duties; to prescribe the powers and define the duties of concerning ap- the officers appointed by the council, fix their terms of service and compensation, require and take from them bonds when deemed necessary, payable to such city, in its corporate name, with such sureties and in such penalty as the council may see fit, conditioned for the faithful discharge of their official duties, and for accounting for and paying over as required by law, all money which may come to their hands by virtue of their offices; to erect, or authorize or prohibit the erection of, gas works, electric light works, or water works, in the city; to prevent injury to or pollution of the same, or to the water or healthfulness thereof; to regulate and provide for the weighing of hay, coal and other articles sold or for sale in the city; to provide a revenue for the city, and appropriate the same to its expenses; to provide for Annual assess- the annual assessment of taxable property therein, to impose a license tax on persons or companies keeping for hire carriages, hacks, buggies or wagons, or for carrying passengers for pay in any such vehicle in such city.

Gas, water and electric ight works.

Pollution of water, etc.

Weighing of hay, coal, etc. City revenue.

ment.

Tax on public vehicles.

Adoption of ordinances,

etc.

11. To carry into effect these enumerated powers and all others conferred upon such city or its council, or upon any officer of the city, by this or any other future act of the legislature of this state, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the constitution and laws of this state; and to Fines, penal prescribe, impose and enact reasonable fines, penalties and imprisonments in the county jail or the place of imprisonment in said city, for a term not exceeding ninety days, for a violation thereof. Such fines, penalties and How recovered imprisonments shall be recovered and enforced under and enforced. the judgment of the mayor of such city, or the person lawfully exercising his functions.

ties and imprisonment.

Licenses.

Licenses.

12. Whenever anything for which a state license is required, is to be done within such city, the council may require a city license therefor, and may impose a tax toxicating liq- thereon for the use of the city. But no license to sell, offer or expose for sale any brandy, whiskey, rum, gin,

For sale of in

uors; how to be granted.

censee for sale

wine, porter, ale or beer, or any other spirituous, vinous or malt liquor, or any intoxicating liquor, drink, mixture or preparation whatever within such city, or within one mile of the corporation limits thereof, unless it be within another incorporated city, town or village, shall be authorized or granted, except as provided in chapter thirty-two of the code of West Virginia. The council Bond of lishall require from every person so licensed a bond with or intoxicants. good security, to be approved by the council, in a penalty of at least three thousand five hundred dollars, payable to such city by its corporate name, conditioned as prescribed in section twenty-two of chapter thirty-two of said code; and may revoke such license at any time May revoke the condition of said bond be broken, upon ten days' such license; previous notice to the person holding the same. And when, how. suits may be prosecuted and maintained on such bond Suits on such as prescribed in said section of said chapter, by the bonds. same persons, in the same manner, and to the same extent as upon the bonds mentioned in said section, and all the provisions of said section in relation to the bonds therein mentioned, shall be applicable to the bonds required by this section.

Sidewalks; How Made, etc.

walks, etc.

Owner failing to pave, etc.,

cil.

Expense there

13. If the owner or occupant of any sidewalk, foot- Paving, sideway or gutter in such city, or of the real property next adjacent thereto, shall fail or refuse to curb, pave or keep the same clean, in the manner or within the time duty of counrequired by the council, it shall be the duty of the council to cause the same to be done at the expense of the city, and to assess the amount of such expense upon of a lien on such owner, or occupant, which expense shall be a lien property; how upon said real property, and the same may be collected by the sergeant in the manner herein provided for the collection of the city taxes, or by suit in equity in the circuit court of Marshall county, at the option of the council.

enforced.

mate of ex

14. The council shall annually, before making the Annual esticity levy hereinafter mentioned, cause to be made up penses; levy and entered upon its journal, an accurate estimate of all for. sums which are or may become lawfully chargeable on said city and which ought to be paid within one year, and it shall order a city levy necessary to pay the same; but said city and its authorities are forever prohibited No debt to be from incurring any debts or liabilities or from borrowing money. The levy so ordered shall be a capitation Levy: to be on upon all male citizens over twenty-one years of age, what. and a tax upon all dogs, and upon all real and personal

tax

incurred.

property within said city, subject to state and county Maximum tax. taxes: Provided, That the tax so levied upon property

Assessor; pow

of.

How assessments to be made.

Assessment not

ation for

county pur

poses.

To list dogs.

for all purposes shall not exceed fifty cents on every one hundred dollars of the whole value thereof, any provision of any other law to the contrary notwithstanding, and shall not be increased unless by a vote of four-fifths of the legal voters of said city and a legislative enactment. It shall be the duty of the assessor to make an ers and duties assessment of the property within the said city subject to taxation, substantially in the manner and form in which assessments are made by the assessor of the county, and return the same to the council on or before the first day of July in each year; but said assessment shall not exceed the valuation for county purposes; and for to exceed valu- this purpose he shall have all the power conferred by law on county assessors. He shall list the number of dogs in the city, and the names of the owners, which list shall be returned to the council. There shall be a lien on real and personal estate within said corporation erty for taxes, for the city taxes assessed thereon, from the commencement of the year for which they are assessed, and for all other assessments, fines and penalties assessed or imposed upon the owners thereof by the authorities of said city, from the time the same are assessed or imposed; which lien may be enforced by the council in the same manner as the lien for taxes for county purposes is now enforced, or by suit in equity in the circuit court of Marshall county, in the name of the city, as judgment liens against real estate are enforced, or in such other manner as the council may by ordinance prescribe, and shall Priority of lien. have priority over all other liens, except liens for state and county taxes.

Lien on prop

etc.

How lien enforced.

Council not to

rights of cer

tions.

Nor with loca

railroads

through the streets.

The council or authorities of the said city shall not interfere with have power or authority to interfere with the property tain corpora- or the rights within the said city of any railroad, manufacturing or other corporation; nor to interfere with the location or construction through said city of the tion of certain railroad of any company heretofore organized, and shall have the right, if necessary, to locate and construct its railroad through the streets of said city. And the further power is granted said council to require the Baltimore and Ohio railroad company, upon three months' Co. to provide notice to said company, to provide safety gates, watchmen or signal bells, (the said railroad company to have the right to determine which of the three it will use,) at the following named places where its railroad at present crosses streets or roads in said city, (but at no other places where said railroad crosses,) that is to say: first, Marshall street, or Marshall street extended, just north of Bogg's run; second, where it crosses Fourth street,

May require B. & O. Railroad

safety gates,

watchmen, or signal bells; how.

Where to be used

signal bells.

Condemnation

proceedings.

or Fourth street extended, to Marshall street; and, third, where it crosses the pike or road leading to Moundsville, near the building formerly known as the Benwood store: Provided, however, That if signal bells Proviso as to are used, such signal bells will be used as will be amply sufficient to give timely warning to persons and vehicles of approaching trains; and, Provided, further, That said railroad company shall at all times, so far as practicable, keep the same in good order and repair. The condemnation of real estate for roads, streets, alleys, drains and gutters in said corporation, shall be as prescribed in chapter forty-two of the code of West Virginia, except as herein provided. But the realty of any Not to conrailroad or manufacturing corporation having property demn railroad in said city shall not be condemned for any such purpose; ing corporanor shall such railroad or manufacturing corporation be tion's property. compelled to curb or pave any sidewalks, footways, tions exempted crosswalks, drains or gutters, or to pay the expense of etc., or expense such curbing or paving. So long as the city shall keep thereof. in good repair its streets, alleys, walks and gutters, the legal residents thereof shall not be required to work on Residents exroads, or to pay any tax for the opening or repair of empted from any roads outside of the corporate limits of said city.

or manufactur

Such corpora

from paving,

road taxes.

and duties of

15. The mayor shall be the chief executive officer of Mayor; powers the city. He shall take care that the orders, by-laws, ordinances, acts, and resolutions of the council are faithfully executed. He shall be ex officio a justice and conservator of the peace within the said city, with all the powers, duties and responsibilities thereof. He shall have control of the police of the city, and may appoint special police officers by and with the consent of the council. It shall be his duty to see that the peace and good order of said city are preserved, and that the persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said city before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment therefor; and, in default of such payment, he may commit the party in default to the jail of the county or to any place of imprisonment in said city prescribed by said council, until the fine or penalty and costs shall be paid; but the term of imprisonment in such case shall not exceed ninety days; Imprisonment or the council may, by ordinance, require the liquida-limited. tion of such fine, penalty and costs by work on the Council may streets, roads and alleys of said city, or otherwise, as etc., to be paid the council may prescribe. The mayor shall from time by work on to time recommend to the council such measures as he

require fines,

streets.

may deem needful for the welfare of the city. The Compensation compensation of the mayor shall be the same allowed of mayor. justices of the peace, and he shall have no other or further compensation. The expense of maintaining any expense of in-person committed to the county jail shall be paid by the

City prisoners;

carceration of.

Recorder; duties and powers of.

Sergeant and treasurer to execute bonds.

Condition of sergeant's.

Condition of treasurer's.

city.

Duties and Powers of Recorder.

16. It shall be the duty of the recorder to keep the journal of the proceedings of the council and have charge of and preserve the records of the city. In the absence from the city, or sickness of, or during any vacancy in the office of mayor, he shall perform the duties of the mayor, and be invested with all his powers.

17. Before entering upon the duties of their offices the sergeant shall execute a bond in the sum of not less than three thousand dollars, and the treasurer shall execute a bond of not less than five thousand dollars, payable to said city, with securities satisfactory to the council. The sergeant's bond shall be conditioned for the faithful discharge by him of the duties of his office, and for the collecting, accounting for and paying over, as required by law, of all taxes, fines, penalties, assessments and other moneys which shall come into his hands or which it shall be his duty to collect, by virtue of his said office. The treasurer's bond shall be conditioned for the faithful discharge of the duties of his office, and that he will account for and pay over, as required by law, all moneys that shall come into his hands as treasurer, when and as he shall be thereto required by the council. The sergeant shall pay over to the treasurer on the second and fourth Monday of each month, or oftener if required by the council, all money belonging to the city in his hands, without deduction therefrom; and no money belonging to the city shall be paid out by the treasurer, unless ordered and appropriated by the council and upon certificate signed by the presiding officer of the council and countersigned by the recorder, or two members of the council. The sergeant and treasurer now in office shall give new bonds, in the penalty Sergeant and and with condition as hereinbefore in this section mentioned, with sureties approved by the council, within sixty days from the time this act takes effect.

Payments by sergeant.

How city money to be disbursed.

treasurer now in office to

give new bonds.

Sergeant: du

ties, powers

18. It shall be the duty of the sergeant of said city, and liabilities. at least once in every six months, or as often as required by the council, to render accounts of all taxes, fines, penalties, assessments and other claims in his hands for