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Authority to sell.

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 :

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.

Corporate limits.

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:

1. The corporate limits and boundaries of the town of 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 meanderings 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 incorporated.

Corporate powers.

ElectorsTerm of office.

First election

3. The Mayor, Recorder and Councilmen, as soon as 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 and a common seal, and by that name may sue and be sued; may appoint a town sergeant, a treasurer and commissioner of the revenue, such to continue in office during its pleasure.

4. The Mayor, Recorder and Councilmen shall be elected 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


1st Monday in April, 1871, at the Court House in said town, under the supervision of a Justice of Philippi township; and annually thereafter there shall be an election on Annual electhe same day in each year, at such place and under such supervision, rules 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 Commenceelected; and their term of office shall commence on the terms of of. second Monday after their election and continue until their fice. successors are qualified.

6. The common council shall have power to fill by appointment the vacancies occurring in its own body, or in the office of mayor or recorder.

ment of

-Vacancies in


Vote by bal

decided. Con

7. 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.



8. The officers herein mentioned shall each within ten Oaths of ofdays 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 officers shall fail within ten days so to qualify, his office shall be vacant.


Quorum. Sal

9. 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.

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


11. The council, so constituted, shall have power within Powers of said town to lay off, alter or improve streets, alleys or walks; council. 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

Annual levy.

Sergeant, his


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 appointees; 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 ordinances 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 imprisonment 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.

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 taxable person.

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

Mayor, his powers and duties.


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.

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 Motion corporate name of said town, may, on motion, after ten against the days notice, obtain judgment before the Circuit Court of sergeant or Barbour county, on account therefor, against them and treasurer. their securities, respectively, or any or either of them, or their heirs or legal representatives.

year of such

estate for taxes.

17. There shall be a lien on real estate for the taxes as- Lien on real sessed thereon from the commencement of the 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 expenses as the council may prescribe, which sale or rent


ing 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.

and poor

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.

CHAPTER 5.-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:

Court in

That the times of holding the Courts in the several Terms of 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 Logan, 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 Lincoln. April, the twentieth day of September, and the twentieth day of November.

Authority to seil.




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 Wheeling are hereby authorized to sell their church property on Wheeling Island, being Lot No. 62 in Daniel Zane's addition to the city of Wheeling, with the buildings thereon and to convey the same to the purchaser.

CHAPTER 7.-AN ACT incorporating the town of Middlebourne 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 running a straight line to the northwest corner of lot number 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 Sistersville 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.

Authorities. 2. The municipal authorities of said town shall be a Mayor and six Councilmen, who shall together form a common Council.




3. The Mayor and Councilmen shall be elected for one 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 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 powers.


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


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