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body politic by the name of "The town of Beverly," and Corporate shall have perpetual succession and a common seal, and by powers. that name may sue and be sued, plead and be impleaded; may purchase 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 as provided for by the Code of West Virginia, in the 47th Chapter thereof, not inconsistent with this act.

5. The term of office shall be (except when to fill vacancies) for one year and until their successors have been elected and qualified as hereinafter provided.

Terms of office.

for office.

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

7. The first election under this act, shall be held on the First elecfirst Monday in May, 1871, in the town of Beverly, under tion. the supervision of a Justice, and Inspector of elections of Beverly township, and annually thereafter on the same day Annual under such supervision, rules and regulations as the coun- election. cil 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.

8. All white male persons residing in said town, or ow- Who may ing real estate therein, and who shall have paid the town vote. 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 the State for one year, and of the said town or owning real estate therein for six months next preceding the day of election, shall be permitted to vote while such disability continues.

9. At all elections the vote shall be by ballot, and when Vote by baltwo or more persons for the same office at any election shall lot. receive an equal number of votes, the person or persons Tie votes: conducting such election shall decide which of said persons how decided. shall be returned elected. And all contested elections shall be determined by the council for the time being. And elections. when a vacancy shall occur, the vacancy shall be filled by appointment of the council.


10. The Mayor, Recorder, Treasurer, Sergeant, Assessor, Oaths of Councilmen and Superintendent of roads, streets and al-office. leys, shall each before entering upon their duties, and within ten days after notice of his election, make oath or

Failure to


Presiding officer of council.


affirmation before an officer authorized to administer oaths, that they will truly, faithfully and impartially discharge the duties of their said office 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.

11. 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, and a majority of the council shall be necessary to constitute a quorum to do Journal of business. The council shall cause to be kept in a well bound book, an accurate account of its proceedings, bylaws, acts and orders, which shall be open to the inspection of the voters of the town. The proceedings of the last meeting shall be read to the council, corrected when necessary, and signed by the person presiding for the time being. Upon a call of any member, the ayes and noes in any question shall be called and recorded in the journal. The Casting vote. Mayor shall vote only in case of a tie, and shall have the casting vote.

Yeas and nays.

Powers of council.

12. The council so constituted shall have power within said town to lay off, open, curb and pave streets, alleys and gutters for the public use, and to alter, improve and to light the same as well as the streets and alleys now open, and to have said streets and alleys kept in good order and free from obstructions on or over them; to regulate the width of the side walks and streets, and to order the side walks, footways and gutters to be curbed, paved and kept in good order, free and clean by the owners of the adjacent property; to lay off public grounds and provide and contract for, and take care of public buildings, proper to the town; to prevent injury or annoyance to the public, or individuals from anything dangerous, offensive or unwholesome; to abate or cause to be abated anything, which in the opinion of the majority of the whole council shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide for the burial of the dead, and for this purpose, may purchase and hold the land necessary for a cemetery near or convenient to said town, and provide for its improvement and security; to provide for making division fences, and for shade and ornamental trees, and against danger or damage from fires or contagious diseases; shall have power to prevent hogs, and other animals from running at large in said town; to provide a revenue for the town and appropriate the same, and to provide the annual assessment of taxable persons and property of the town; to adopt rules for the government of its own body, to promote the general welfare of the town, and protect and preserve peace and good order therein; to appoint such officers as they may see proper; to define their powers and prescribe their duties, fix their term of service and compensation, re

quire and take from them bonds with such surety and in Powers of such penalty as the council may determine, conditioned for council. the true and faithful discharge of their duties; all bonds to be made payable to the town in its corporate name; to regulate and provide for weighing and measuring hay, coal and other articles sold, or for sale in said town, and to regulate the transportation thereof through the streets, and generally to do such things as the council shall deem necessary for the interest, prosperity, peace and good order of the citizens of said town. To carry into effect these enumerated powers, and all others conferred upon the said town, or its council, expressly, or by implication in this or any other acts of the Legislature, the council shall have the power to adopt and enforce all needful orders, by-laws and ordinances, not contrary to the Constitution and laws of this State, and to prescribe, impose and enforce reasonable fines and penalties, including imprisonment for a term not exceeding thirty days, under the judgment and order of the Mayor of said town, or the person lawfully exercising his functions. The council may have the right to use the jail of said county for the purpose of carrying into effect the administration of its affairs.

13. The annual levy ordered by the council may be upon Annual levy all male persons within said town over the age of twentyone years, and on all real and personal estate, not exempt from State taxation, and on all other subjects in said town, as may at the time be assessed with State taxes; provided the tax do not exceed fifty cents on every hundred dollars of the value of the real and personal property, and such property embraced in said corporate limits shall be exempt from county levy.

CHAPTER 22.-AN ACT legalizing the transfer of a certain part of the Wheeling and Bethany Turnpike to the Wellsburg and Bethany Turnpike in the County of Brooke.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia :

Order of Su

The order of the Board of Supervisors of the county of Brooke, made and entered on the twentieth day of October, pervisors of eighteen hundred and sixty-six, transferring the interest of Brooke the county of Brooke, in the Wheeling and Bethany turn- county lepike, from the junction of the said Wellsburg and Bethany turnpike, to the town of Bethany in said county, is hereby legalized and said transfer made valid.



Seven dollars and

Robert Mercer-City of Wheeling-Zebedee Brown. [CH. 24.

CHAPTER 23.-AN ACT for the relief of Robert Mercer; of
Hancock County.

Passed February 10, 1871,

Be it enacted by the Legislature of West Virginia :

The sum of seven dollars and ninety cents is hereby appropriated for the purpose of refunding to Robert Mercer, ninety cents of Hancock county, taxes improperly assessed against him ded for erro- on real estate, for the years 1859 to 1868 inclusive, said neous taxes. taxes having been paid by him to the Sheriff during said

to be refun

Powers of


CHAPTER 24.-AN ACT to amend and re-enact an act entitled "An act to amend the thirty-fifth section of the act passed by the General Assembly of Virginia, March 11th, 1836, entitled 'An act to incorporate the city of Wheeling, in the county of Ohio.""

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia:

That section thirty-five of an act of the General Assembly of the State of Virginia, entitled "An Act to incorporate the city of Wheeling, in Ohio county," as amended and re-enacted by the General Assembly of Virginia, passed March the fourth, eighteen hundred and fifty-four, be amended and re-enacted so as to read as follows:

"35. The council shall have exclusive authority within council to said city to grant or refuse license to the keepers of ordingrant or re-aries, inns and taverns, houses of public or private enterfuse licenses. tainment, boarding houses, public eating houses, coffee Exemption houses, places at which spirituous liquors shall be sold, of taverns places of public amusement, and boarding stables, or keepwith stabling ing and feeding horses, mules and cattle, for a compensation. attached. Provided, however, that this act shall not require persons keeping an inn or tavern, with stabling attached, to pay any additional license to that now required by law. They shall further have authority to regulate the manner in which such houses or places shall be kept, and to levy and collect taxes thereon in addition to any tax which is or shall be payable on the same to the State.

Power to regulate manner of

keeping ordinaries.

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CHAPTER 25.-AN ACT to repeal the act passed March 4th, 1869, entitled "An Act releasing Zebedee Brown, Treasurer of Clay township, in Braxton county, and his sureties, from the payment of certain money.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia:

That the act passed March 4th, 1869, entitled "An Act releasing Zebedee Brown, treasurer of Clay township, in Braxton county, and his sureties, from the payment of certain money," be, and the same is hereby repealed.

CHAPTER 26.-AN ACT to amend and re-enact the fourth Section of an Act extending the corporate powers and franchises of the Mill Creek Cannel Coal and Oil Company, passed February 23rd, 1869.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia :

1. That the fourth section of the act passed February, Corporate twenty-third, eighteen hundred and sixty-nine, entitled, powers. "An Act extending the corporate powers and franchises of the Mill Creek Cannel Coal and Oil Company," be, and is hereby amended and re-enacted so as to read as follows: "4. The said corporation may in like manner and by like proceedings make such sidings, branches, and extensions of said road,not exceeding fifteen miles in length in any direction,as it may deem necessary to the development of their property. The said corporation may take by purchase, devise or gift, land or money for the purpose of building or equipping said road, its sidings, branches and extensions aforesaid. The said corporation and those to whom it may by any transfer or assignment, convey or have conveyed its said property or franchises, shall commence the construction of said road to Elk river or other terminus thereof as aforesaid, within two years from the twenty-third day of February, eighteen hundred and seventy-one, and shall finish it within five years thereafter, otherwise this act shall be void. But said limintation, if said road to Elk river or other terminus thereof, as aforesaid, is finished within said five years, shall not apply to the other provisions of, and privileges granted by this act."

CHAPTER 27.-AN ACT for the Protection of the Cumberland Road.

Passed February 10, 1871.

Be it enacted by the Legislature of West Virginia:

Officers may

tal trees.

The officers or agents of the Cumberland road may enter upon any convenient lands for the purpose of obtaining obtain matetherefrom wood, stone, gravel or earth, which may be deem- rial. ed necessary by them in the repair of said road. But they Not to cut shall not cut down any fruit trees, or any tree preserved in down fruit any field or lot for shade or ornament, or take part of any or ornamen fence or building; nor take any of the said things from any lot in any town. Before taking any of the said things, the Notice to Superintendent of said road, unless he agree therefor with tenant. those having right thereto, shall give to the tenant of the freehold, cr his tenant for years, at least ten days notice, in writing, that at a certain time and place, to be specified in the notice, application will be made to a Justice to appoint Commissioners to ascertain what will be a just compensation

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