erelease and hold real estate and personal property necessary require to the purposes of said corporation. such 2. The municipal authorities of said town shall be a Municipal he te Mayor and five (5) Councilmen, who together shall form a authorities. common council; but the said five councilmen shall receive Common no compensation for services. irty uncul s 1 council. 3. All the corporate powers of said corporation shall be Corporate exercised by the said council, or under their authority, ex- powers to be exercised by cept where otherwise provided. council. 4. The Mayor, Treasurer, Recorder and Councilmen Qualificashall be freeholders in said town, and entitled to vote for tions for of members of its common council. fice. office. 5. Their term of service shall be for one year, and until Terms of their successors have been elected and qualified, as hereinafter provided. 6. The Mayor and Councilmen, and all other officers Mayor and herein provided for, except the constable, shall be elected councilmen; by the voters of said town, who are entitled to vote at State and county elections. how elected. election. 7. The first election under this Act shall be held on the First elecfirst Monday in April, 1870, at the Court House in said tion. town, under the supervision of John S. Rider, Levi Shuman, Gabriel Leep, John McCaskey and John B. Priest, or any three of them; and annually thereafter there shall be Annual an election on the first Monday in April, at such place and under such supervisions, rules and regulations as the council may prescribe. The persons conducting the first election under this Act, shall grant a certificate to the persons elected, which certificate shall be recorded among the re- Certificate qi cords of said town. If from any cause the first election election. shall not be held on the day herein specified, the same may hold first be held on any subsequent day, upon ten day's notice there-election on of being posted at the front door of the Court House, by day specified any three of the qualified voters of said town, under the superintendence of the persons aforesaid, or under the superintendence of any three voters of said town appointed by the voters present. Failure to 8. At all elections under this Act, the voting shall be by Vote by bal. ballot. lot. 9. Whenever there is an equal number of votes for two Tie votes; or more persons for the same office, the persons conducting how decided. the election shall decide which of them shall be returned elected. Contested elections. office. 10. All contested elections shall be heard and decided by the council for the time being. Vacancies in 11. Whenever a vacancy in any office shall occur, except that of constable, the council shall order an election to fill said vacancy. Constable, 12. There shall be a constable and a recorder, (who shall Recorder and ex-officio be treasurer,) a superintendent of roads, streets Superintendent of roads, and alleys of said town, all of whom shall be elected annually by the qualified voters of said town, except the constable, who shall be appointed by the council, and hold his office during the pleasure of the council. The bond of the said constable and recorder shall be in such penalty as the council may prescribe, but not less than one thousand dol Bond of Constable and Recor der. Oaths of office. Continuance in office. Presiding officer. Quorum. Journal of council. Casting vote. Exemption from road and poor tax, lars. 13. All officers elected or appointed under the provisions of this Act, shall, before entering upon the duties of their office, within ten days after their election or appointment, take the oath prescribed for all officers of this State, and also the oath of office, which oaths may be administered by any person authorized to administer oaths. 14. All officers elected or appointed under this Act shall enter upon the duties of their offices as soon as they are qualified, and shall continue therein until their successors are elected and qualified. 15. The council shall be presided over at its meeting by the Mayor, or in his absence by a member of the council chosen by those present. 16. Two of the councilmen and the mayor shall constitute a quorum for the transaction of business. 17. The council shall cause to be kept by the recorder, an accurate record of its proceedings, which shall be open to the inspection of any tax-payer of the town who may desire to inspect the same. 18. The mayor shall not vote on any question before the council except in case of a tie, when he shall give the casting vote. 19. The said town within the corporate limits thereof, shall constitute a separate road precinct, and the persons and property therein shall be exempt from all expense and liabilities for the construction or repairs of roads and bridges outside the corporate limits of said town, for any year in which it shall appear that said town shall, at its own expense, provide for its own poor and keep its streets and alleys in repair. and de cur, ex ction t who st ds, stre ected ≡ the ca. hold nd of the and de of the ntment rel 20. Whenever anything for which a State license is re- Licenses. quired, is to be done within the said town, the council may require a town license therefor, and may impose a license thereon for the use of the town; but no license to sell strong or spirituous liquors, or wines, beer, ale, porter, or drinks of like nature, within one mile of the corporate limits thereof, shall be granted by the Board of Supervivors of the county of Wetzel, unless the person applying therefor shall produce to said board the certificates of the council of said town, of its consent to the granting of such license. The council may require from the person so licensed a bond, with security, payable to said corporation, in such penalty and with such conditions as it may think proper, and may revoke such license at any time if the condition of said bond be broken. 21. The powers, duties, liabilities and compensation of The Council; the council and officers of said town shall be those pre- duties, liabil their powers, scribed in Sections twenty-five, twenty-six, twenty-seven, ities and twenty-eight, thirty, thirty-one, thirty-two, thirty-three, compensathirty-four, thirty-eight, forty, forty-three, forty-four and tion. forty-five of Chapter sixteen, of the Acts of 1867, which sections shall have the same force and effect as if herein recited, except so far as they may be inconsistent with this Act. and duties. 22. The Mayor shall be the chief executive officer of the The Mayor; council; he shall take care that the orders, by-laws, ordi- his powers nances, acts and resolutions of the council are faithfully executed; he shall be ex-officio a conservator and justice within said town, and shall within the same possess and exercise all the powers and duties vested by law in a justice of the township, except that he shall have no jurisdiction 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 are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town before issuing his warrant therefor; he shall have power to issue executions for all fines, penalties and costs imposed by him, as he may require the immediate payment therefor; and in default of such payment, he may commit the party in default to the jail of Wetzel county, until the fine or penalty and costs shall be paid; he shall also have the power, in case of such default, to compel the person in default to work on the streets and alleys of said town, under the direction of the superintendent, but the terms of imprisonment or working on said streets and alleys, shall not exceed thirty days; he shall from time to time recommend to the council such measures as may deem needful to the welfare of the town; he shall he Recorder. Treasurer. Annual levy. Town levy; how paid. sypher to receive a compensation for his services, to be fixed by the council which shall not be increased during his term of service. 23. The Recorder shall keep a journal of proceedings of the council and have charge of the records of the town, and in the absence from town or sickness of the mayor, or during any vacancy in the office of mayor, he shall perform the duties of mayor, and be invested with all his powers; he may receive a compensation for his services, to be fixed by the council; he shall be a conservator of the peace within the town. 24. All monies belonging to the said town shall be paid over to the recorder, and no money shall be paid out by him except as the same shall have been appropriated by the council. The mayor shall sign all orders on the treasury. 25. The levy for town purposes shall be upon all male persons, residents of the town, over twenty-one years of age, dogs, and real and personal property within said town subject to State and county taxes: Provided, the tax so levied upon property do not exceed cne dollar on every hundred dollars of the value thereof, and upon persons one dollar per head. 26. Town levy shall be paid to the recorder after twenty days' notice being posted at the front door of the Court House, and all taxes remaining unpaid after sixty days' after the twenty days' notice shall have been so given, shall be placed in the hands of the constable for collection, who shall proceed to collect the same immediately, by distress or otherwise, as the council may prescribe. CHAPTER 42.-AN ACT providing for the removal of Passed February 14, 1871. Be it enacted by the Legislature of West Virginia. Authority to 1. A. W. Woodford, Sheriff of Lewis county, or such remove Jepthor in-person as he may appoint for the purpose, is hereby authorized to remove to his home, in the State of Tennessee, Tennessee. Jeptha G. Steinsypher, a lunatic confined in the jail of Lewis county, and who is a citizen of the State of Tennessee; and the expenses necessarily incurred in effecting such removal, including a compensation to the person making such removal of $1.50 per day for each day actually employed in making such removal, shall be paid out of the treasury on the warrant of the Auditor. 2. The Governor shall take such steps as he may deem proper, to obtain from the State of Tennessee re-payment of Expenses; such expenditure as may be made by this State under this how secured, act. CHAPTER 43.-AN ACT to amend and re-enact section two Passed February 15, 1871. Be it enacted by the Legislature of West Virginia : That section two of chapter one hundred and twentyfour of the Code of West Virginia, be amended and re-enacted so as to read as follows: and returna ecuted. "2. Process from any court, whether original mesne or How process final, may be directed to the Sheriff of any county except is directed that process against a defendant, (unless a railroad, canal, ble; when turnpike, telegraph company or insurance company be de- andby whom fendant) to answer in any action brought under the second it may be exsection of chapter one hundred and twenty-three shall not' be directed to any officer of any other county than that wherein the action is brought. Any process may be executed on or before the return day thereof If it appear to be duly served and good in other respects, it shall be deemed valid, although not directed to any officer, or if directed to an officer, though executed by any other to whom it might lawfully have been directed. Process to commence suits including writs of scire facias, mandamus, prohibition, and the alias or other process, when the original is returned not executed, may also be served by any credible person; and the return of such person, verified by his affidavit, shall be evidence of the manner and time of service. Any process shall be returnable within ninety days after its date, to the court on the first day of a term, or in the Clerk's office, to the first Monday in a month or to some rule day except as follows: A summons for a witness shall be returnable on whatever day his attendance is desired, and an order of attachment may be returnable to the next term of the court, although more than ninety days from the date of the order, and process awarded in court may be returnable as the court shall direct." CHAPTER 44.-AN ACT legalizing the election of Dana L. Passed February 15, 1871. Be it enacted by the Legislature of West Virginia : Dana L. 1. The election of Dana L. Hubbard as Clerk of the Mu- Election of nicipal Court of Wheeling by the council of that city on the 7th day of February, 1871, is hereby legalized and made galized, valid. |