Lien on real estate for taxea.

quent.

arrest and bring before the mayor all disorderly persons. He shall execute all process issued by the mayor, collect all monies required thereby, and shall exercise the duties of a constable in regard thereto, and receive the same compensation therefor, and his sureties shall be liable to all the fines, penalties and forfeitures that a constable of a township and his sureties are liable to, for any failure or dereliction in said office, to be recovered in the same manner and in the same courts that the said fines, penalties, and forfeitures are now recovered against such constables.

34. There shall be a lien on real estate within said town, for the town taxes assessed thereon from the time the same are so assessed, and the council may order or require the Sale of real Same to be sold or rented by the sergeant at public auction estate delin- for the arrears, with interest thereon, with such per centum as the council may prescribe for charges and expenses thereof, and may regulate the terms upon, and the time within which the same may be redeemed. No such sale or renting shall be ordered until such realty shall be returned delinquent, and the sale shall be after twenty days notice posted at the front door of the court house aforesaid and at the post office in said town. But all such property shall be sold subject to the payment of all State, county, and township taxes that may at the time of sale be properly chargeable thereon.

Notice of sale.

Sergeant; his

tion to taxes,

ments and

other claims.

35. It shall be the duty of the sergeant whenever requir duty in rela- ed by the council, to render due account of the taxes, fines, fines, penal penalties, assessments, and other claims in his hands for ties, assess- collection, and return a list of such as he shall not have been able to collect, by reason of insolvency, removal, or other cause; to which list he shall make an affidavit that he has used due diligence to collect the same, but has been unable to do so, and if the council shall be satisfied of the correctness of said list, it shall allow the sergeant a credit for the amount thereof. He shall receive for his services sation there- in the collection and assessments, a compensation to be fixed by the council of not exceeding five per centum on the amount duly collected and accounted for. He shall Money in his pay over any money in his hands belonging to the town, to hands to be the treasurer at such times and under such regulations as paid over to the council may prescribe. the treasurer

His compen

for.

Motion

geant.

36. If the sergeant shall fail to collect, account for, and pay over all or any of the moneys with which he may be against ser- chargeable, belonging to said town, according to the conditions of his bond and the orders of the council, it shall be lawful for the council to recover the same by motion, in the corporate name of the town in the Circuit Court of the county aforesaid, or where the sum does not exceed one hnndred dollars, before a Justice of the county or township

in which the same is situated, against the sergeant and his sureties or any or either of them, or his or their executors or administrators, on giving ten days notice of such motion.

duties.

37. The mayor shall be the chief executive officer of said Mayor; his town. He shall take care that the orders, by-laws, ordin- powers and ances, acts and resolutions of the council are faithfully executed. He shall be ex-officio a Justice and conservator of the peace within the town, and shall within the same, possess and exercise all the powers and duties vested by law in a Justice of a township, except that he shall have no jurisdiction as such in civil cases. He shall have control of the police of the town and may appoint special police officers whenever he deems it necessary; and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town 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 thereof, and in default of such payment, he may commit the party in default to the jail of the said county or other place of imprisonment in said corporation, if there be one, until the fine or penalty and costs shall be paid; but the term of imprisonment in such case shall exceed thirty days. He shall from time to time, recommend to tl e council such measures as he may deem needful for the welfare of the town. And he shall charge such fees as may be fixed by the council, and the council may allow him a salary, and fix the amount thereof, which shall not be increased or diminished during the term of service for which he shall have been elected.

Mayor pro

38. In the absence from said town, or sickness of the Mayor, or during any vacancy in the office of Mayor, the tem. Mayor pro tem shall perform all the duties of the Mayor and be vested with all his powers.

39. The town Clerk shall keep a journal of the proceed- Town Clerk, ings of the council, and discharge such other duties as the his duties. council may prescribe, and shall have charge of and pre

serve the records of said town.

Assessor, his

40. It shall be the duty of the assessor to make an assessment of the property within the town subject to taxation, duties. substantially in the manner and form in which assessments are made by the assessor of the county, and to return the same to the council on or before the first day of May in each year, and for this purpose he shall have all the powers conferred by law on county assessors. He shall list the number of dogs in the town and the names of the persons owning the same, where required by the council so to do, which

Monies of the

town to be paid to treas

urer.

Motion

urer.

list he shall return to the council with his assessm property made in the same year.

41. All monies belonging to the said town shall b over to the treasurer, who shall not pay the same o cept upon the order of the council, certified by the and countersigned by the mayor.

42. If the treasurer shall fail to pay over all o against treas monies that shall come into his hands, belonging t town, when thereto required by the council, it sh lawful for the council to recover the same upon moti the corporate name of the said town, in the circuit co said county of Tyler, or where the sum does not excee hundred dollars, before a justice of the township in said town is situated, against the treasurer and his su or any or either of them, or his or their legal repre tives, after ten days previous notice has been given o motion.

Expenses of

persons com

43. The expense of maintaining any person com mitted to jail to the county jail by the mayor, shall be paid by the how paid. 44. The legal residents cf said town shall not be rec Residentsnot to work on the roads outside of the corporate limits th required to work outside and no taxes or levies shall henceforth be assessed up roads, nor to collected from the taxable persons or property, withi corporate limits of said town, for the construction an Supervisors, pair of roads outside of said corporate limits, and the no jurisdic- of supervisors of said county, shall not have or exercis jurisdiction within said corporate limits, in relation t roads, streets, or alleys.

be taxed

therefor.

tion over

roads.

Repair of

streets.

Charter, how forfeited.

Acts repealed.

45. The said town shall proceed without unreaso delay to put its streets, alleys, walks and gutters in repair, and shall after that is accomplished, keep the in that condition.

46. When the said town shall for one year, fail to co with the requirements of the preceding section, it shal feit all the rights and privileges enumerated in this a

47. All acts heretofore passed, chartering, or amen the charter of said town are hereby repealed.

CHAPTER 8.-An ACT to amend and re-enact Section 11, Chapter 103, of the Acts of the Legislature of West Virginia, passed March 3rd, 1870.

Passed February 3, 1871.

Be it enacted by the Legislature of West Virginia:

Road

veyors, their

Sections to

be offered at public sale.

"It shall be the duty of said road surveyors to expose all the exors, the county roads, one section at a time, at public sale, to the duty. lowest and best bidder, commencing on the first Saturday in April, eighteen hundred and seventy-one, and to continue from day to day, if necessary, until all are sold, and every three years thereafter, commencing on the first Saturday in April, and continuing, as aforesaid, until all are sold; of which sales at least ten days notice shall be given Notice of by not less than ten handbills posted in the most public places in the township: Provided, that any person pur- Purchaser of chasing a contract or contracts at any sale herein provided contract to for shall give bond, with freehold security, to be approved give bond. by said surveyors, in a sum to be fixed by said surveyors, for the performance of every contract so purchased."

CHAPTER 9.-An ACT to amend and re-enact Sections one, two and three of Chapter nine, of the Code of West Virginia, in relation to oaths of office.

Passed February 3, 1871.

Be it enacted by the Legislature of West Virginia:

Sections one, two and three of Chapter nine, of the Code of West Virginia, are hereby amended and re-enacted so as to read as follows:

"1. Every person elected or appointed to any office or trust, civil or military, shall, before proceeding to exercise the authority, or discharge the duties of the same, take the following oath: I, A. B., do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of West Virginia."

sales.

Oaths of of

fice.

"2. He shall also, at the same time, take an oath that Oaths of he will faithfully and impartially perform the duties of his officers. office to the best of his skill and judgment."

ficers first

3. The first Section shall not apply to the case of a per- To what ofson residing in another State or country who is appointed section does a commissioner by the Governor, or designated, pursuant not apply. to law, for any office, agency, or service, to be performed out

of this State.

Corporate limits.

CHAPTER 10.-An ACT to amend the Charter and extend and prescribe the limits of the City of Wheeling. Passed February 3, 1871.

Be it enacted by the Legislature of West Virginia :

1. The corporate limits and boundaries of the city of Wheeling, in the county of Ohio, shall be as follows: Beginning on the east side of the Ohio River, at the Northeast corner of the Johnathan Zane survey, in Washington township, Ohio county, now corner of lands belonging to the estate of Hugh Nicholas, dec'd, and the Wheeling Iron Works Company; thence with the original Zane line called S. 27 East to the ash corner of the Steinrod survey, near Coal Run; thence down Coal Run to Wheeling Creek, and thence up said Creek to the mouth of Stack Yard Hollow; thence in a direct line Southward to a double Locust corner on the top of the hill in the line between the Steinrod and Reily estates; thence in a direct line Southwardly to the mouth of George's Branch, in Caldwell's Run; thence South to the Ohio and Marshall county line, and with the same Westwardly to the Ohio and Marshall county stone, near the river bank; thence crossing the Ohio River, by a due West course, to the line between the States of West Virginia and Ohio, and with said line Northwardly to the North side of Hanover street, in the town of Martinsville, or Martin's Ferry, Belmont county, Ohio; thence in a direct line and crossing the river to the place of beginning.

Powers, du- 2. The powers, 'duties and obligations of the municipal ties and ob- authorities of said city shall be and remain as prescribed by ligations of the laws now in force, in relation thereto, and shall herepal authori- after extend to and be exercised within the boundaries specified in Section one of this Act, except when inconsistent with this Act.

the munici

ties.

The rights

of South

Wheeling

3. The money, taxes, real estate, rights in action, deand property mands, and property of whatever nature, and the papers, documents and records belonging to the said town of South vested in the Wheeling are hereby transferred to and vested in the city city of of Wheeling, as its successor, as fully and effectually as Wheeling as they now do in said town.

Eighth ward 4. Until otherwise provided, all that part of the territory established. described in the first Section of this Act, which lies within the Township of Ritchie, shall be a separate ward, and shall be styled the eighth ward, in which an election shall be First election held on the first Monday in April next, at such places therein as the Mayor of said city shall designate, and in the manner prescribed by the laws and ordinances of the city for similar elections. At the said time and place there shall be elected by the qualified voters of said Township of Ritchie, residing within said ward, two (2) citizens thereof

therein.

Officers elected.