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at such time and place, and under such supervision, rules Annual election. and regulations as the council may prescribe. The officers conducting the first election shall grant a certificate of elec- Certificates tion to the persons elected, which certificate shall be record- of election. ed in the journal kept by the council.

9. All male persons residing in said town, who shall have who may paid the town taxes, if any assessed against them, for the vote. preceding year, shall be entitled to vote at all elections held in pursuance of this act, but a 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.

Vote by bal


how decided.

11. Whenever two or more persons shall receive an equal Tie votes; 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 Contested elections. by the council for the time being.

13. Whenever a vacancy shall occur in any office, except Vacancies in that of Treasurer or Recorder, the Sergeant shall order an office. election to fill said vacancy.

14. All the officers herein mentioned shall each, within Oaths of ten days after receiving the certificate of his election, take office. and subscribe an oath that they will truly, faithfully, and 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 Failure to

office shall be vacant.



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

16. The council shall cause to be kept in a well bound Journal of book, an accurate record of its proceedings, by-laws, acts, council. 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 sign

ed by the officer presiding for the time being. Upon the Yeas and call of any member, the yeas and nays on any question shall nays. be called and recorded in the journal. The Mayor or presiding officer shall not vote in common as a member of the

Casting vote. council, but in all cases of a tie the Mayor or presiding officer shall have the casting vote.

Powers of council.

Annual levy

17. The council so constituted shall have power within said 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. And they shall annually make appropriations of such sums of money as may be needed for the proper improvement of the same; 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 gun-powder or other combust tibles; to provide 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 for the full discharge and faithful performance of their duties, (all bonds to bepayable to the town); to regulate and provide for the weigh; ing of hay, coal, and live stock, sold by weight in said town; to give an additional license, and to require a tax where a previous tax has been granted by the State or county authorities only, for the sale of intoxicating drinks, or to prohibit the sale of the same in the town, and for the carrying on of any other business, 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 the 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 his functions. The Council with the consent of the Board of Supervisors of Hancock county, entered of record, may use the jail of said county for its purposes.

18. The annual levy ordered by the council may be upon the tax list made by the proper officers for taxation for State and county purposes, provided, that the amount levied in any year shall not exceed thirty cents on each hundred dollars of the valuation of such property, for State and county purposes, and twenty-five cents on each male person over twenty-one years of age.

powers, du

19. The Sergeant shall collect the town taxes, fines and Sergeant, his levies, and licenses, and after ten days from the time of as- ties and comčertaining and receiving the assessment made by order of pensation. 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 process, 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 Mayor, his town; shall take care that the by-laws and ordinances of powers and duties. 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 in default to the jail of Hancock 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 Treasurer shall have charge of all money be- Treasurer. longing 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, Motion obtain judgment before the Circuit Court of Hancock coun- against Treasurer. ty, on account therefor against them and their sureties, respectively, or any or either of them, or their heirs or legal representatives.

from road


22. The said town and persons and property therein, shall Exemption 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.


Council take office.

23. When four of the newly elected members shall have When been duly qualified, they shall enter upon the duties of their said offices and supercede the former couucil.


24. Anything for which a State license is required to be done in said town, the council may require a town license to be had for 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 deterProhibition mine. The council may also prohibit any theatrica! or of Shows. other performance, show or other exhibition it may deem injurious to the morals or good order of the town.


25. The Superintendent of roads, streets and alleys shall tion of Su- receive a compensation for his services, fixed by the council, which shall not be increased or diminished for the term for which he was elected.

perintendent of streets.

Lands not to

be taken for

streets, except upon

payment of damages.

Incorporation to be

void on fail

ure to carry

26. No new street, alley or foot path (not heretofore provided by survey) shall be laid off on, or opened through any lands within the corporate limits of the said town, unless the owners of said lands be first duly compensated by assessment and payment of proper damages.

27. Whenever the Mayor and Trustees of said town shall fail in any one year to cause to be levied a tax upon the property, both real and personal, of said town for the purout charter. pose of keeping in repair the streets and alleys thereof, or shall fail in any other way to carry out the provisions of this act, then this act shall be null and void, and the property of the citizens of said town shall be liable to be assessed with county taxes for all purposes, as well as road tax.

Act may be amended.

Boundary lines.

28. This act shall at all times be subject to modification or repeal at the pleasure of the Legislature.

CHAPTER 35.-An ACT changing the boundary lines of the
Morgantown Independent School District.

Passed February 13, 1871.

Be it enacted by the Legislature of West Virginia:

The boundary line of the Morgantown Independent School Distrct is hereby changed so as to include all the territory embraced within the following lines, viz: Beginning at the bridge below the Paper Mill on Decker's Creek; thence running up the road to the "Hog Back," thence east to Decker's Creek, and with the meanders of the same to a corner of lands owned by J. L. Simpson and A. L. Wade; thence with the line of said Simpson and Wade in a southern direction to said Simpson's corner; thence same course continued through said Wade's lands to line of lands owned by P. W. Harner; thence with said Harner's line, and line of C. B. Watts, to the present line of said School District.

CHAPTER 36.-An ACT to amend an Act entitled an Act to re-enact the Charter of the Town of Mannington, in the county of Marion.

Passed February 13, 1871.

Be it enacted by the Legislature of West Virginia:

The charter of the town of Mannington, in the county of Marion, is hereby amended and re-enacted to read as follows:

1. The corporate limits and bounds of the town of Man- Corporate nington shall be as follows: Beginning at a stake in a line limits. of Jeremiah Beatty's; thence north 16 and east 56 poles to a stake; north 36 and west 47 poles to a white oak; north north 37 and west 78 poles to a stake; south 10 and west 37 poles to an apple tree; south 72 and west 102 poles to a stake; south 14 east 56 poles to a beach tree; south 43 east 14 poles to a stake, north 62 and east 22 poles to a small white oak tree above J. B. Nay's mill; south 38 and east 41 poles to a linn tree; south 35 and east 72 poles to a sugar tree on the east bank of Buffalo Creek; thence north 34 and east 32 poles to a rock in the road; north 34 and east 34 to a gum tree or a point; thence north 30 and east 20 poles to the place of beginning.

2. The municipal authorities of said town shall be a Municipal Mayor and five Councilmen, who shall together form a com- authorities mon council, one of which shall be elected by the board of council to act as Alderman, whose duty shall be to act as Mayor in his absence.

3. The Mayor and Councilmen, so soon as they have been Town incorelected and qualified, as hereinafter provided, shall be a porated. body politic and corporate by the name of "thetown of Mannington," and shall have perpetual succession and a common seal; and by that name shall sue and be sued, implead Corporate and be impleaded; may purchase and hold real estate nec- powers. essary to enable them the better to discharge their duties and needful for the order and government of said town.

4. All corporate powers of said corporation shall be ex- Corporate ercised by the said council or under their authority, except powers to be when otherwise provided. exercised by council

5. There shall be a town clerk, and a sergeant, and a Officers to be commissioner of the revenue appointed by the council, to appointed. continue in office at its pleasure and perform the duties respectively, as hereinafter prescribed, or as may be required by the council.

6. The duties of the office of clerk and commissioner of Same person the revenue may be discharged by the same person, or may act as toherwise, as the council may from time to time determine. missioner.

clerk & com

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