and three-fourths degrees, east forty-three and one-tenth poles, to the beginning.

thorities.

2. The municipal authorities of said town shall be a Municipal aumayor, five councilmen, a sergeant, recorder, treasurer, and a superintendent of roads, streets and alleys, all of whom shall be elected annually by the citizens of said corporation Common council (who may be entitled under this act to vote,) except the recorder and treasurer, who shall be appointed by the council from among their own number, and all of whom together shall constitute a common council.

geant and treas

3. The bond of the sergeant and treasurer shall each be in Bonds of sersuch penalty, not less than three hundred dollars, as the coun- urer. cil may prescribe.

ated.

4. The mayor, sergeant, superintendent of roads, streets Town incorporand alleys, and the councilmen, so soon as they have been elected and qualified as hereinafter provided, shall be a body politic, by the name of "The Town of Hedgesville,” and shall have perpetual succession and a common seal; and by that name may sue and be sued, plead and be impleaded; may Corporate powpurchase and hold real estate and other property necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of the said corporation.

ers.

ers to be exer

5. All corporate powers of the said town shall be exer- Corporate powcised by the said council, or under their authority, except cised by counwhere otherwise provided.

cil.

6. The term of office shall be (except when to fill vacan- Terms of office. cies) for one year, and until their successors have been elected and qualified, as hereinafter provided.

office.

7. All of the officers of the said corporation must be voters Qualifications for therein, and entitled to vote for members of its common council.

8. The first election under this act shall be held on the first First election. Monday in May, eighteen hundred and seventy, in the town of Hedgesville, under the supervision of a justice and in

Annual elections. Spector of elections of Hedgesville township; and annually thereafter there shall be an election in each year, at such time and place, and under such supervision, rules, and regulations as the council may prescribe. The officers conducting the first election shall grant a certificate of election to the persons elected, which certificate shall be recorded in the journal kept by the council.

Certificates of election.

Who may vote.

Vote by ballot.

Tie votes; how decided.

Contested elections.

Vacancies in office,

Oaths of office.

9. All white male persons residing in said town who shall have paid the town taxes, if any, assessed against them, for the preceding year, shall be entitled to vote at all elections held in pursuance of this act; but no person who is a minor or of unsound mind, or a pauper, or who is under conviction of treason, felony, or bribery in any election, or who has not been a resident of this state for one year, and of the said town for six months next preceding the day of election, shall be permitted to vote while such disability continues.

10. At all elections the vote shall be given by ballot.

11. Whenever two or more persons shall receive an equal number of votes, for the same office, the persons under whose supervision the election was held shall decide which of them shall be returned as elected, and shall make their return accordingly.

12. All contested elections shall be heard and decided by the council for the time being.

13. Whenever a vacancy shall occur in any office, except that of treasurer or recorder, the sergeant shall order an election to fill said vacancy.

14. All the officers herein mentioned shall each, within ten days after receiving the certificate of his election, take and subscribe an oath that they will truly, faithfully, and Failure to qual- impartially discharge the duties of their said offices, respectively, so long as they continue therein. And if any of these officers shall fail, within ten days, so to qualify, his office shall be vacant.

ify.

Presiding officer of council.

15. The council shall be presided over at its meetings by the mayor, or in his absence, by one of the councilmen, chosen by a majority of the council.

cil.

16. The council shall cause to be kept, in a well bound Journal of counbook, an accurate record of its proceedings, by-laws, acts, and orders, which shall be open to the inspection of the citizens of the town. The proceedings of each meeting shall be read and corrected at the succeeding meeting, and signed by

the person presiding for the time being. Upon the call of Yeas and nays. any member, the yeas and nays on any question shall be called, and recorded in the journal. The mayor or presiding

officer shall not vote in common as a member of the council; Casting vote. but in all cases of a tie, the mayor or presiding officer shall have the casting vote.

cil.

17. The council so constituted shall have power within Powers of counsaid town to improve the streets, to lay off alleys or walks, and to regulate the width of the same, and to keep them in order; to purchase and lay off public grounds, and to erect, provide for, and take care of public buildings; to exercise jurisdiction and control of the stock watering places, town spring, and the grounds adjacent thereto, (reserved to the use of the said town by the heirs of Josiah Hedges, senior, deceased.) And they shall annually make appropriations of such sums of money as may be needed for the proper improvement and decoration of the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholsome; to abate or cause to be abated anything which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder or other combustibles; to provide for shade and ornamental trees, and against danger or damage from fires or contagious diseases; to provide a revenue for the town, and appropriate the same; to make an annual assessment of the taxable persons and property of the town; to adopt rules for its government and the transaction of business; to appoint a treasurer and recorder, and to fill vacancies; to define the powers, prescribe the duties, fix the term of service and compensation of its appointees; require and take from them bonds, with such sureties and in such penalties as it may determine, conditioned to the full discharge and faithful performance of their duties, (all bonds to be payable to the town ;) to regulate and provide for the weighing and measuring of hay, wool, and other articles sold, or for sale, in said town; to prohibit the sale of intoxicating drinks within the town; to give an additional license, and to require a tax

cil.

Powers of coun- on the same, for anything for which a state license is required, to be done within the said town; and generally to do such things for the prosperity, quiet and good order of the citizens of said town; to adopt and enforce all needful ordinances not contrary to the constitution and laws of this state, and to impose fines and penalties not exceeding payment of ten dollars, or imprisonment for ten days, under judgment and order of the mayor, or in his absence or inability, of the person lawfully exercising its functions. The council, with consent of the supervisors of Berkeley county, entered of record, may use the jail of said county for its purposes.

Annual levy.

Sergeant; his powers, duties, and compensation.

Mayor; his powers and duties.

18. The annual levy ordered by the council may be upon the tax lists made by the proper officers for taxation for state and county purposes, provided that the amount levied in any year shall not exceed forty cents on each hundred dollars of the valuation of such property, for state and county purposes, and one dollar on each titheable or male person over eighteen years of age.

19. The sergeant shall collect the town taxes, fines, levies and licenses, and, after ten days from the time of ascertaining and receiving the assessment made by order of the council, may distrain and levy therefor in like manner as the sheriff may do for state taxes, and shall in all respects have the same power to enforce the payment and collection thereof, and shall within the limits of the town, exercise all the duties that a constable can lawfully exercise in regard to the collection of claims, and executing and levying processes, entitled to the same compensation therefor, and liable to all the fines, penalties and forfeitures, together with his sureties, that a constable is legally liable to; to be recovered in the same manner and before the same tribunals that the same are now recovered against constables.

20. The mayor shall be the chief executive officer of the town; shall take care that the by-laws and ordinances of the council are faithfully executed. He shall be ex-officio a conservator and justice of the peace, within the corporation, and as such shall exercise the powers and duties therein in matters pertaining to the corporation; but shall have no jurisdiction whatever in civil cases, but for offenses committed against the corporate laws, he shall have power to impose reasonable

fines, penalties, and costs, and in default of such payment he may commit the party in default to the jail of Berkeley county, until the fine and costs be paid; provided, the term of imprisonment shall not exceed ten days, nor shall any fine be imposed exceeding ten dollars.

21. The recorder shall keep a journal of the proceedings Recorder. of the council, and shall have charge of and preserve the records of the town.

22. The treasurer shall have charge of all money belong- Treasurer. ing to said town, and shall pay the same out on the order of the mayor, countersigned by the recorder, and not otherwise; and for any default or liability on the part of the sergeant or treasurer, the council, in the corporate name of said town, may, on motion, after ten days' notice, obtain judgment before the sergeant or treascircuit court of Berkeley county, on account therefor against them and their securities respectively, or any or either of them, or their heirs or legal representatives.

Motion against

urer.

road tax.

23. The said town and persons and property therein shall Exemption from be exempt from all tax, expense or liability for the construction or repair of roads or bridges outside of its corporate limits; provided, however, that the said town shall keep its streets and alleys in good order.

cil to take office.

24. When four of the newly elected members shall have When new counbeen duly qualified, they shall enter upon the duties of their said offices and supersede the former council.

25. Anything for which a state license is required to be Licenses. done in said town, the council may require a town license to be had for so doing the same, and may impose a tax thereon for the use of the town, and the council may, in any case, require from the person so licensed a bond with securities, in such penalties and with such conditions as it may determine. The council may also prohibit any theatrical or other performance, show or other exhibition, it may deem injurious to the morals or good order of the town.

Prohibition of shows.

superintendent

26. The superintendent of roads, streets and alleys shall Compensation of receive a compensation for his services, fixed by the council, of streets. which shall not be increased or diminished for the term for which he was elected.