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CHAPTER 3.--An ACT to provide for selling a part of a
Church lot in Buckhannon, Upshur County.

Passed February 1, 1871.
Be it enacted by the Legislature of West Virginia :
Authority to
sell.

The trustees of the Methodist Episcopal Church South, in Buckhannon, Upshur county, West Virginia, are hereby authorized to sell and convey a part of the lot on which said church stands.

CHAPTER 4.-An ACT to amend and re-enact the Charter

and extend the corporate limits of the town of Philippi, in the County of Barbour.

Passed February 1, 1871. Be it enacted by the Legislature of West Virginia: Corporate 1. The corporate limits and boundaries of the town of limits.

Philippi, Barbour county, West Virginia, shall be as follows: Beginning at the mouth of Anglin's Run, and running up the same, with the meanderings thereof, to a Red Oak tree standing in an alley between lands' fo Lewis Wilson and lands formerly owned by Henry A. Barron; thence with said alley to the Beverly and Fairmont turnpike road; thence crossing said road with a line of lands of Wm. P. Keyes, Lewis Wilson and Edward F. Grant to a stone bridge on the left hand branch of said run; thence to the top of the ridge above the coal bank of David F. Byrer; thence with the ridge to a corner of lands of Lair D. Morrell and Samuel Woods, in a low gap of said ridge ; thence with the ridge on the lines of said Morrell's land to the Valley River; thence up said river, with the meander

ings thereof, to the beginning. Municipal 2. The municipal authorities of said town shall be a authorities. Mayor, a Recorder, and three councilmen, who, together,

shallform a common council. Town incor

3. The Mayor, Recorder and Councilmen, as soon as porated.

they have been elected and qualified, as hereinafter provided, shall be a body politic and corporate, by the name of

“the town of Philippi,” and shall have perpetual succession Corporate

and a common seal, and by that name may sue and be powers. sued; may appoint a town sergeant, a treasurer and com

missioner of the revenue, such to continue in office during its pleasure.

4. The Mayor, Recorder and Councilmen shall be elected Term of of

by the male tax-payers of said town, and shall hold office for the term of one year, and shall be residents of said town.

5. The first election under this act shall be held on the

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1st Monday in April, 1871, at the Court House in said
town, under the supervision of a Justice of Philippi town-
ship; and annually thereafter there shall be an election on Annual elec-
the same day in each year, at such place and under such su-
pervision, rúles and regulations as shall be prescribed by Certificate of
the town council. The person presiding at each election election.-
shall forthwith grant certificates of election to the persons Commenee-
elected; and their term of office shall commence on the ment of
second Monday after their election and continue until their fice.
successors are qualified.

Vacancies in 6. The common council shall have power to fill by ap

office.
pointment the vacancies occurring in its own body, or in
the office of mayor or recorder.

Vote by bal7. All elections shall be by ballot, and in case of tie. the lot. Tie

: How council shall decide between the candidates, and shall also tested elechear and determine all contested elections.

Oaths of of 8. The officers herein mentioned shall each within ten

fice. days after receiving the certificate of his election, take 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. The recorder shall take such oath before some person authorized to adminis- Before whom ter the same, and shall thereupon be authorized to admin- taken. ister the same to the other officers, and shall keep a record thereof in the journal of the council, and if any of these Failure to

qualify. officers shall fail within ten days so to qualify, his office shall be vacant.

Quorum. Sal9. A majority of the council shall be a legal quorum for aries; how the transaction of business, and may fix the salary of all fixed. town officers.

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Yeas and nays.

10. Upon the call of any member, the yeas and nays on any question shall be called and recorded in the journal. The proceedings of every meeting shall be signed by the Journal of person presiding, and the record of all proceedings of the council. council shall be open to the inspection of the voters in the

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11. The council, so constituted, shall have power within Powers of said town to lay off, alter or improve streets, alleys or walks ; to regulate the width of the same and to keep them in order ; to abate anything which, in the opinion of a majority, shall be a nuisance; to provide for shade and ornamental trees, and against fire and contagious diseases; to provide a revenue for the town, and appropriate the same; to make an annual assessment of taxable persons and property of the town; to adopt rules for its own government and the transaction of business; to appoint a sergeant, commissioner

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of the revenue and treasurer, and other officers if necessary,
and to fill vacancies; to define the powers, prescribe the
duties, fix the term of service and compensation of its ap-
pointees; require and take from them bonds with such
sureties and in such penalties as it may determine, for the
faithful discharge of their duties, (all bonds to be payable
to the town,) and remove its appointees at pleasure; to give
an additional license and require a tax on the same, for
anything for which a State license is required to be done
within the said town; to adopt and enforce all needful or-
dinances not contrary to the constitution and laws of this
State, and to impose and enforce fines and penalties not
exceeding the payment of one hundred dollars, or impris-
onment for thirty days, under judgment and order of the
mayor, or in his absence or inability, of the person lawfully
exercising its functions. The council, with the consent
of the Supervisors of Barbour county, entered of record,

may use the jail of said county for its purposes.
Annual levy. 12. The annual levy ordered by the council may be upon

all male persons within said town over twenty-one years of
age ; all real estate and other subjects in said town at the
time, assessed with State taxes: Provided, the tax do not
exceed one dollar on every hundred dollars of value of real
and personal property, or two dollars per head on each tax-

able person. Sergeant, his

13. The sergeant shall collect the town taxes, fines, levies powers, du- and licenses, and after thirty days from the time of receivsation and ing the commissioner's books, may distrain and levy thereLiabilities. for, in like manner as the sheriff may for State taxes, and

shall in all respects have the same power to enforce the pay.
ment and collection thereof, and shall, within the limits of
the town, exercise all the duties that a constable can legally
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 con-
stables.

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14. The mayor shall be the chief executive officer of the town; shall be ex-officio a conservator and justice of the peace, and shall, within the town, exercise all the powers and duties vested in justices.

15. The recorder shall keep a journal of the proceedings of the council; shall have charge of and preserve the records of the town, and in the absence or disability of the mayor, shall be vested with his powers, so far as to hear and determine all cases affecting the government of the town.

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16. 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 council, countersigned by the mayor and 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 notico, obtain judgment before the Circuit Court of against the Barbour county, on account therefor, against them and treasurer. their securities, respectively, or any or either of them, or their heirs or legal representatives. 17. There shall be a lien on leal estate for the taxes as

Lien on real

estate for sessed thereon from the commencement of the year of such assessment; and after having been returned delinquent for such taxes, the council may order the same to be sold or Sale of real rented by the sergeant at public auction for the arrears,

estate delinand with such per centum added for interest, charges and quent. expenses as the council may prescribe, which sale or renting shall only be after thirty days notice, posted at the

Notice of front door of the Court Honse in said town. The council sale. may regulate the time within and terms upon which said lands may be redeemed.

18 The said town and persons and property therein, shall Exemption be exempt from all expense or liability for taking care of from road the poor of the county; for the construction or repair of taxes. roads or bridges outside of its corporate limits : Provided, however, that the said town shall keep its streets and alleys in order, and take proper care of its own poor.

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CHAPTER 7.-AN ACT changing the times of holding the
Courts in the Twelfth Judicial Circuit.

Passed February 1, 1871.
Be it enacted by the Legislature of West Virginia:
That the times of holding the Courts in the several Terms of

Court in counties of the Twelfth Judicial Circuit of this State, shall hereafter be as follows:

For the county of Cabell on the second day of May, Au- Cabell, gust and December,

For the county of Wayne on the eleventh day of March, Wayne, May and December.

For the county of Logan on the fourth day of April, June Loyau, and October.

For the county of Boone on the tenth day of April, June Boone. and October

For the county of Lincoln on the twenty-fifth day of Lincoin. April, the twentieth day of September, and the twentieth day of November.

CHAPTER 6.-AN ACT authorizing the Trustees of the

Island M. E. Church in the city of Wheeling, to sell and
convey their Church property.

Passed February 3, 1871.
Be it enacted by the Legislature of West Virginia :

The Trustees of the Island M. E. Church in the city of
Authority to
seil. Wheeling are hereby authorized to sell their church pro-

perty on Wheeling Island, being Lot No. 62 in Daniel
Zane's additior to the city of Wheeling, with the buildings
thereon and to convey the same to the purchaser.

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CHAPTER 7.--AN ACT incorporating the town of Middle

bourne in the county of Tyler.

Passed February 3, 1871,
Be it enacted by the Legislature of West Virginia :

1. The corporate limits of the town of Middlebourne, in
the county of Tyler, shall be as follows: Beginning at the

mouth of Gorrell's run on the north side thereof, thence Corporate

running a straight line to the northwest corner of lot numLimits.

ber eighty-one, as laid down in the original plan of said
town, thence running with the south line of said lot, south
seventy degrees, east to the south east corner thereof, thence
running with the line of the lots on the extreme east, as
laid down in the original plan of said town, north twenty
degrees, east to the corner of lot number twenty-four, thence
continuing the same course (south twenty degrees east) to
the Waynesburg road, thence with said road to the Sisters-
ville and Salem turnpike road, and with said turnpike road
westwardly to Middle Island creek at the corner of Stealy's
flat, and thence running up said creek with the meanders

to the beginning.
Junicipal
Authorities, 2. The municipal authorities of said town shall be a
Common

Mayor and six Councilmen, who shall together form a com-
mon Council.

3. The Mayor and Councilmen shall be elected for one
Election.
Term of of- year by the citizens of said town entitled to vote under this

act, and as soon as they have been elected and qualified, as Town incor- hereinafter provided, shall be a body politic and corporate porated.

by the name of “The Town of Middlebourne,” and shall
have perpetual succession and a common seal, and by that

name may sue and be sued, implead and be impleaded, may
Corporate
powers.

purchase and hold real estate necessary to enable them the
better to discharge their duties, and needful for the good

order, government and welfare of said town.
Corporate 4. All corporate powers of said corporation shall be ex-
powers to be ercised by the said council or under their authority, except
exercised by
Council.

where otherwise provided.

1

Council.

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