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If etate discontinue use of
mont shall use and occupy same.
4. If at any time the state shall discontinue the use of said buildings school normal school buildings at Fairmont for the purpose for
which they were constructed, the same with the appur-
An Act to amend and re-enact the charter of the
town of Charlestown, in the county of Jeffer
Passed February 24, 1872,
Be it enacted by the Legislature of West Virginia:
That the charter of the town of Charlestown be, and the same is hereby amended and re-enacted to read as follows:
1. The corporate limits of the town of Charlestown shall be as follows, to wit:
Beginning at the corner of Wm. H. Travers and Andrew Hunter, on the north side of the Smithfield, Charlestown and Isarper's Ferry turnpike, being 41:1 poles from the cast end of the town alley, (figure one in the plat of J. Howell Brown's survey of Jan. 18, 1872); running thence with the line of the said Travers and Hunter, and also the line of Richard Hessey and the said Hunter, N. 21° 30' W. to the Winchester and Potomac railroad, and extending the same course in all 79:3 poles to a stake in James M. Ranson's field (2); thence parallel to Washington street, S. 68° 30'; W. 290 poles to a stake at the prolongation of the line of Mrs. Buskirk and Henry B. Davenport (3); thence in the direction of said line S. 21° 30'; E. 10:8 poles to a stake at the west side of new road, where the same intersects the "old mill road” (4): thence
with west side of new road S. 19°; W. 52:9 poles, crossing joel the aforesaid turnpike to a stake in the line of said Dav
cnport, 5); and thence with the said line S. 19°; E. 30-9
prolongation of the aforesaid line of Buskirk and DavenI ELS port (7); thence extending said course S. 21° 30'; E. 147:
13 poles to a stake in William Drew's field, (8); thence
stake in George H. Tate's field(9); thence N. 21° 30';
2. The municipal authorities of said town shall be a Municipal au-
recorder and councilmen, as soon as they Town incorpo-
4. All the corporate powers of the said town shall be Corporate exercised by the said council, or under their authority, except when otherwise provided, but the recorder shall have no vote at any meeting of said council, except in the absence of the mayor.
5. The mayor and recorder shall be elected by the citi- Mayor and rezens of said corporation, who may be entitled under this elected? act to vote. Two councilmen shall be elected by the qualified voters of each ward.
Terms of office.
6. Their term of office shall be (except when to fill vacancies,) for two years, and until their successors shall have been elected and qualified as hereinafter provided.
Qualifications for office.
7. The mayor, recorder and councilmen must be freeholders in said corporation, and entitled to vote for members of its common council.
and place of voting
Certificates of election.
8. The said town shall consist of three wards, located and bounded as follows, to-wit: The first ward shall include all the territory within the corporate limits, lying west of West street in said town; the second ward, all the territory lying between West and George streets; the third ward, all the territory within said corporate limits lying east of George street. Elections under this act shall be held thirty days after its passage, and biennially thereafter on
the fourth Thursday of May; the said election to be under Supervision of. the supervision of three inspectors at each election pre
cinct, in said town, who are to be appointed by the council Rules governing thereof, and who shall be governed by such rules and regu
lations as the council may prescribe. The council shall
9. As soon as the result of said election for mayor, re-
Who may vote.
10. Every male person residing in said town, shall be entitled to vote for all officers elected under this act; but
THE the ter thinda ringer
Preafie tober ection the ever sandra
no person, who is a minor, or of unsound mind, or a pau-
vacancy has occurred.
12. At all elections the mode of voting shall be pre- Mode of voting. scribed by the state constitution for the election of state officers.
13. Whenever two or more persons, for the same office, Tie yotes. at any election, shall receive an equal number of votes, the council shall in an equitable mode determine which of the
persons so voted for shall be returned elected. 14. All contested elections shall be heard and decided contested elecby the council for the time being, but the council may order a new election, if they are satisfied that the ends of justice will be better attained thereby.
15. A majority of the councilmen elected by the several Quorum. wards shall be necessary for the transaction of any busi
16. There shall be a sergeant, a treasurer and assessor
charged by the same person, or otherwise, as the council may
from time to time determine.
Oath of office.
17. The mayor, recorder, councilmen and all officers herein provided for, shall each, before entering upon the duties of his office, and within ten days of the time of his election or appointment, take and subscribe an oath to faithfully and impartially discharge the duties of his office, and the oath to support the constitution of the United States, and the constitution of the State of West Virginia. The mayor having taken such oath or affirmation, may administer the same to the councilmen and other officers. Certificates of said oaths or affirmation shall be recorded on the journal kept by the council, and whenever twothirds of the members of the common council shall have qualified, they shall enter upon the said offices.
Failure to qual
18. If any one shall have been duly elected mayor, reify.
corder or councilman, shall not have been eligible as herein prescribed, or shall refuse or fail to take the oath or affirmation required under this act, within the time prescribed, the council for the time being shall declare his said office vacant and proceed to fill said vacancy as provided in section eleven of this act.
19. The council shall be presided over at its meetings by Presiding officer
the mayor, or in his absence, by the recorder, and in the absence of both mayor and recorder, by one of the councilmen, chosen by a majority of the council present.
20. The council shall cause to be kept in a well bound book an accurate record of all its proceedings, by-laws, acts and orders, which shall be fully endorsed and 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 signed by the person presiding for the time being. Upon the call of any member, the ayes
and nays shall or called and recorded in the jourual. In Prosiding oficer all cases of ir tie, the person presiding at the time shall to give casting have the casting vote.
Yeas and nays.
in case of a tio
Powers of council.
21. The council shall have power to open new streets, and extend, widen, straighten and repair old streets and alleys; to curb and to pave streets, side-walks and gutters