59 and public records of said county without expense to said city 60 or assessor, and he shall also have the same power and be sub61 ject to the same penalties in ascertaining and assessing prop62 erty and subjects of taxation in said city as are granted and 63 imposed upon the county assessors throughout the state by the 64 state law, and the council shall also have authority to pre65 scribe by order such other rules and regulations as may be 66 necessary to enable and require such assessor to ascertain and 67 properly assess all property liable to be taxed by said city so 68 that such assessments and taxation shall be uniform, and to 69 enforce such ordinances by reasonable fines and penalties. 70 The city clerk shall have an officce in the city hall, council 71 chamber or such other place as the council shall designate and 72 provide, and he shall keep his office open for at least four con73 secutive hours in the forenoon and four consecutive hours in 74 the afternoon of each day.

75 In addition to the other duties of the city clerk as herein 76 set forth he shall, whenever required by the mayor, attend the 77 police court and attend to all the duties as clerk of the police 78 court of the city. In the absence of the mayor or police judge, 79 he shall exercise the functions of the police judge and he shall 80 perform all other duties required of him by order or by ordi81 nance of the council.

82 In addition to the other duties to be performed by the city 83 clerk he shall also be the city collector, charged with the duty 84 of collecting all taxes, levies, assessments, water rents and all 85 other funds due the city, and as such collector shall have and 86 exercise all of the rights, authority and powers conferred upon 87 town sergeants by the general law of the state with reference 88 to the collection of taxes and funds of cities, towns and villages, 89 and upon sheriffs with reference to the collection of state and 90 county taxes and funds. He shall at least once in each week, 91 or oftener if the council so require, submit a report of all 92 moneys received by him as such collector.

93 In addition to these duties of the said city clerk he shall 94 also act as treasurer of the city of Piedmont and shall receive 95 and account for all moneys from all sources of municipal 96 revenue, all license taxes and fees shall be paid to him direct 97 by the person to whom such license is issued, and no license 98 shall be valid without the receipt of the city clerk for such 99 tax and fees endorsed thereon. All officers and agents of the

100 city, authorized to receive money for the city, or revenues 101 thereof, from any source whatsoever, shall pay the same over 102 to the city clerk within one week after the receipt thereof or 103 sooner if required by the council.

104 The city clerk shall keep the funds of the city in some bank 105 or banks within the city, which shall pay to the city three per 106 centum or more per annum interest on such deposits, payable 107 quarterly, based on the average daily balance on such funds 108 in all accounts. If no bank within the city is willing at any 109 time to receive the deposits of the city clerk and to pay such 110 interest thereon, the city clerk shall report this fact to the 111 council, which shall thereupon designate a bank or banks in 112 which he shall deposit such funds for the time being and until 113 some bank in the city will receive deposits at the rate of inter114 est so fixed.

115 Said bank or banks shall give bond if required by the coun116 cil in the penalty prescribed by the council, and with sureties 117 to be approved by the council conditioned for the prompt 118 payment, whenever lawfully required, of all public moneys, or 119 parts thereof which may be deposited with them.

120 The city clerk shall pay all warrants or other proper orders 121 legally drawn and presented, out of any moneys at the time 122 in the fund on which such warrant or order is drawn, but no 123 money shall be paid by him except as the same shall have been 124 appropriated by the council and upon an order signed by the 125 mayor and city clerk.

126 If no money is in the fund with which to pay such warrant 127 or order, the city clerk shall endorse on the back thereof the 128 words "no funds" and affix the date of such endorsement, and 129 shall preserve a record of such endorsement in his office. The 130 city clerk shall perform any other duties which the council 131 may from time to time prescribe and which are not inconsistent 132 with the general scope of his duties.

133 Before entering upon the duties of his office the city clerk 134 shall give the bond hereinbefore required, payable to the city 135 of Piedmont in the penalty of not less than five thousand dol136 lars, conditioned for the faithful performance of the duties of 137 the office of city clerk, collector, treasurer, recorder and police 138 judge and to account for and pay over as required by law all 139 moneys which may come into his hands by virtue of any and 140 all of said offices, and shall be chargeable with all of

141 the city taxes, levies, assessments, rents and water rents, from 142 the time the bills therefor are required to be made up and 143 collected, and with all moneys of the city, including fines, fees 144 and penalties that may come into his hands. The city clerk 145 shall receive no fees or commission for his services, but shall 146 account to the city for all fees received by him. And in ad147 dition to the report herein required he shall at the first stated 148 meeting of the council in each month make a monthly report 149 to the council of all moneys and credits coming to his hands as 150 city clerk, recorder, police judge, treasurer and collector and 151 he shall publish once in every six months a detailed itemized 152 statement of all receipts and expenses of the city for the pre153 ceding six months.

154 The city clerk may appoint deputies and assistants, with 155 the consent and approval of the council, as the duties of his 156 office render necessary. The deputies shall take the oath re157 quired of the city clerk and shall give such bond as the clerk 158 and the council may require, but such deputies or assistants 159 shall not perform any duties as police judge in the absence of 160 the mayor.

161 The salary fixed by the council for the city clerk shall not be 162 increased or diminished during his term of office and shall be 163 deemed to include all the services of all deputies, clerks, assist164 ants or agents employed by him and no additional allowance 165 shall be made for or on account of any services so rendered by 166 the city clerk as herein enumerated and set forth. 167 The duties of the sergeant, treasurer, recorder and those of 168 the city auditor relating to assessments and the preparation of 169 the tax books for the city are intended by this section to be 170 combined and transferred to the office of the city clerk hereby 171 created and all such duties heretofore and now performed by 172 said officers shall from the time of this act takes effect devolve 173 upon and be performed by the city clerk.

173 All acts or parts of acts and provisions of the charter of the 175 city of Piedmont inconsistent herewith are hereby repealed.

CHAPTER 71

(Senate Bill No. 157-Mr. Byrer)

AN ACT to amend and re-enact chapter thirteen of the acts of the legislature of one thousand nine hundred and five, as amended by chapter seven of the acts of the legislature of one thousand

nine hundred and seven, and as amended by chapter eleven of the acts of the legislature of one thousand nine hundred and fifteen, concerning the charter of the city of Philippi.

[Passed April 17, 1923. In effect from passage. Became a law without the approval of the Governor]

SEC.

SEC.

1. Corporate name, rights and pow

21.

ers.

22.

Same; in cases

contested

elections; registra

tion of voters; returns of elec

28.

Clerk; duties of.

7.

Terms of office.

8.

9.

10. Bonds of other officers.

Records and archives; copies by
clerk prima facie evidence.
Reading and correction of former
proceedings; when yeas and nays
to be entered.

Reading of ordinances, etc.;
fines imposed by mayor; clerk
to act in mayor's absence.
Powers of council.

35.
36.

16.

37.

Estimates and levy.

Clerk; bond; to be custodian of moneys; other duties.

Same; to extend levies and collect taxes; discount and interest on taxes.

Same; to return list of delinquent taxes; accounts, etc. Lien for city taxes; manner of enforcement.

Chief of police; duties and bond. Arrests for violation of ordinances in sight of police officers; chief of police to execute process; other powers and duties and compensation therefor, suretie liable for dereliction of duty. City to have right of eminent domain.

Council may issue bonds, etc. Officers subject to this act until first Monday in April, 1924; acts in conflict repealed.

Be it enacted by the Legislature of West Virginia:

That chapter thirteen of the acts of the legislature of one thousand nine hundred and five, as amended by chapter seven of the acts of the legislature of one thousand nine hundred and seven, and as amended by chapter eleven of the acts of the legislature of one thousand nine hundred and fifteen, be amended, re-enacted and consolidated so as to read as follows:

Section 1. The inhabitants of that portion of Barbour 2 county, this state, now and hereafter residing within the boun3 daries described in the next section hereof, shall be and they are 4 hereby constituted a body politic and corporate, by and under 5 the name of "The City of Philippi", and as such and by and in 6 that name, shall have perpetual succession and a common seal 7 and may sue and be sued, contract and be contracted with, pur8 chase, lease, hold and use real and personal property 9 necessary for corporate purposes and generally shall have all 10 the rights, powers and franchises, belonging to or appertaining 11 to municipal corporations in this state.

Sec. 2. The corporate limits of said city shall be hereafter 2 as follows:

3

Beginning at a sugar tree on the east bank of the Tygarts 4 Valley river above the present brick and tile factory; thence 5 south sixty-four degrees fifteen minutes east, one thousand three 6 hundred and seven feet to a stake in the county road; thence 7 north seventy-four degrees forty minutes east, one thousand one 8 hundred and eighty-four feet to a stake; thence north forty9 eight degrees twenty-two minutes east, one thousand six hun10 dred and sixty-one feet to a chestnut in the W. G. Key's prop11 erty; thence north nine degrees nine minutes east, one thousand 12 five hundred and five feet to a stake in the divide of the farm 13 of J. Hop. Woods; thence north twenty-five degrees forty-two 14 minutes west, six hundred and twenty-nine feet to a stake; thence 15 north thirty-four degrees fifty-one minutes west, four thousand 16 five hundred and seventy feet to an apple tree in David Smith's 17 farm; thence north seventy-eight degrees twenty-seven minutes 18 west, six hundred and twenty-seven feet to a stake on the said 19 farm; thence south twenty-seven degrees forty-six minutes west, 20 seven hundred and fifty-seven feet to a pear tree; thence south 21 twenty-one degrees twenty-one minutes west, one thousand six 22 hundred and seventy feet to a stake in the Talbott farm; thence 23 south twenty-six degrees thirteen minutes east, one thousand 24 four hundred and sixty feet to a stone in the pike; thence 25 north nine degrees fifty-five minutes east, four hundred and 26 forty-four feet to the east bank of Tygarts Valley river; thence 27 with the low water mark following the meanders of the east 28 bank of said river to the beginning.

Sec. 3. The council of said city, shall divide the territory 2 of said city into wards, of not less than four, and may increase 3 the number of wards from time to time, due regard being had to 4 the increase of population, and shall, by ordinance, bound each 5 ward with reasonable certainty, and give to each ward equal 6 representation in the council.

Sec. 4. The officers of said city shall be a mayor, clerk, chief 2 of police, street commissioner, and one councilman from each 3 ward, and, until the council shall increase the wards in said 4 city to more than four, one councilman-at-large, and upon in5 creasing the wards in said city to five or more, the office of coun6 cilman-at-large shall cease. The mayor and clerk shall be 7 elected by the qualified voters of said city, as shall also the