If state discontinue use of district of Fair 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 appurtenances and grounds on which they are situated shall be used and occupied by the school district of Fairmont for school purposes, until such time as the state may desire again to use the said property for the purposes for which it was constructed, when it shall be occupied and used by the state and said school district as specified in the second section of this act. CHAPTER LXXI. An Act to amend and re-enact the charter of the town of Charlestown, in the county of Jeffer son. Corporate limits 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 Harper's Ferry turnpike, being 41:1 poles from the east 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 the aforesaid turnpike to a stake in the line of said Davenport, (5); and thence with the said line S. 19°; E. 30-9 poles to the south side of the "old Winchester road" (6); thence with it N. 68° 30'; E. 36:05 poles to a point at the prolongation of the aforesaid line of Buskirk and Davenport (7); thence extending said course S. 21° 30'; E. 147: 13 poles to a stake in William Drew's field, (8); thence parallel to Washington street, N. 68° 30'; E. 290 poles to a stake in George H. Tate's field(9); thence N. 21° 30'; W. 150-18 poles to the beginning, containing one hundred and twenty-seven acres, one rod and six perches. thorities. 2. The municipal authorities of said town shall be a Municipal aumayor, recorder and six councilmen, who together shall be a common council. rated. 3. The mayor, recorder and councilmen, as soon as they Town incorpohave been elected and qualified, as hereinafter provided, shall be a body politic, by the name of "the Corporation of Charlestown," and shall have perpetual succession, and a common seal; and by that name may sue, and be sued, plead and be impleaded, and may purchase and hold real estate and other property necessary the better to enable them to discharge their duties, and needful for the good order, government and welfare of the said corporation. powers. 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. corder; how 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. 6. Their term of office shall be (except when to fill Terms of office. vacancies,) for two years, and until their successors shall have been elected and qualified as hereinafter provided. Qualifications 7. The mayor, recorder and councilmen must be free- for office. holders in said corporation, and entitled to vote for members of its common council. Wards. Elections. 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 precinct, in said town, who are to be appointed by the council Rules governing thereof, and who shall be governed by such rules and regulations as the council may prescribe. The council shall also select and designate the voting place in each ward of said town: Provided, however, that for the first election to be held under this act, the inspectors shall be appointed and the voting places selected by the justices of the peace, for the township of Charlestown. and place of voting. Proviso. Certificates of election. Proviso. Who may vote. 9. As soon as the result of said election for mayor, recorder and councilmen is ascertained, the inspectors of election shall sign a certificate containing complete returns of the polls taken at their place of voting, for all the said offices, and shall enclose the certificates in an envelope which shall be sealed up and indorsed by each of such inspectors. The inspectors, or one of them, shall within three days after the day on which the election was held, deliver said certificates, sealed up as hereinbefore provided, to the recorder of the town of Charlestown; at the next meeting of the council thereafter, the recorder shall present such certificates to the council, who shall examine the same and ascertain the true result of such election in said town, and the persons appearing to have received the highest number of votes for the several offices mentioned in this section, shall be declared elected, and a certificate thereof, signed by the mayor and recorder, shall be granted to the persons so elected: Provided, however, that in the first election provided for under this act, said returns shall be made to, and said certificates given by, the justices of the peace for the township of Charlestown. 10. Every male person residing in said town, shall be entitled to vote for all officers elected under this act; but no person, who is a minor, or of unsound mind, or a pau- 11. All vacancies, occurring from any cause, in any of Vacancies. fice provided for in this act, shall be filled by appointment by the council; but in case of a councilman, such appointment shall be made only of a resident of the ward in which such 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 votes. 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. tions. 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 ness. pointed. 16. There shall be a sergeant, a treasurer and assessor Officers apand a commissioner of the roads, streets and alleys of the town, who shall be appointed by the council thereof, and hold their office during the pleasure of said council. The duties of recorder and treasurer and assessor may be dis Oath of office. Failure to qualify. Presiding officer Journe counci charged by the same person, or otherwise, as the council may from time to time determine. 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 of fice, 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. 18. If any one shall have been duly elected mayor, recorder 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 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 Presiding officer all cases of a tie, the person presiding at the time shall to give casting have the casting vote. Yeas and nays. in case of a tio vote. 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 |