121 said clerk shall receive a fee of twenty-five cents to be paid 122 by the city.

123 All moneys appropriated for the paving, repaving and re124 pairing of streets or alleys shall be used for that purpose 125 only, and the revenue received by the city from assessments 126 against any and all property or property owners shall be 127 placed in a "street paving" fund and shall be considered and 128 treated the same as moneys appropriated for that purpose.

Sec. 98. The city council shall elect a civil service com2 mission for the purpose of examining applicants for positions 3-5 and promotions in the police and fire departments. The 6 civil service commission shall consist of three citizens, not 7 all of whom shall be of one political party. At the first elec8 tion of members of the civil service commission after the pas9 sage of this act one member shall be elected for a term of six 10 years, one member for a term of four years, and one member 11 for a term of two years. Thereafter the term of office of each 12 member shall be six years. Any vacancies occurring in the 13 commission shall be filled by the council. For the purpose of 14 conducting tests in the departments specified, the civil ser15 vice commission shall conduct practical examinations annually 16 or oftener, fixing grades and classifications as they may de17 termine, and a list of those successfully passing the examina18 tions prescribed shall be furnished the city manager, such list 19 to be known as the eligible list and selections must be made from 20 among the three applicants rated highest for the appointments 21 necessary to be made. Said list and all examination papers shall 22 be kept on file in the office of the city clerk and available to 23 the public at all times; provided, any appointees in the de24 partments under civil service shall be subjected to examina25 tions from time to time in the interest of efficiency, and that 26 the passing of the required examinations prior to entering the 27 city's employ shall not constitute a life tenure in office. No 28 member of the civil service during his encumbency shall be 29 the holder of any state, county or municipal office.

CHAPTER 74

(Senate Bill No. 293—Mr. Boone)

AN ACT to amend and re-enact section forty-one of chapter five of the acts of the legislature of one thousand nine hundred and nineteen (Municipal Charters), relative to the construction and paving of sidewalks and footways in the city of Ronceverte, and assessing the expense thereof to the owners of lots abutting thereon, and making such expense a lien upon such abutting lot, and providing for the enforcement of such lien.

[Passed April 17, 1923. In effect ninety days from passage. Approved by the Governor April 26, 1923]

Be it enacted by the Legislature of West Virginia:

That section forty-one of chapter five of the acts of the legislature of West Virginia of one thousand nine hundred and nineteen be amended and re-enacted so as to read as follows:

Section 41. The board of commissioners shall have power 2 to determine the material to be used in building all sidewalks 3 and footways, and shall determine where and how such side4 walks and footways shall be constructed, and the width and 5 grade thereof, including any fill, substructure, retaining wall, 6 cut or grade for such sidewalks and footways that the board of 7 commissioners may deem necessary, and shall prescribe the 8 materials with which the same shall be built, and may make 9 an order requiring the owner or owners of the lots or parts 10 of lots abutting on such sidewalk or footway to so construct the 11 same, including any such fill, substructure, retaining wall, cut 12 or grade therefor, and to properly lay the paving thereon, ac13 cording to the specifications of the board of commissioners, at 14 the expense of such owner of such abutting lot or lots and under 15 the supervision of the official of the city of Ronceverte desig16 nated by the board of commissioners; and if such lot owner 17 fail or refuse to so construct such sidewalk or footway, includ18 ing such fill, substructure, retaining wall, cut or grade as may 19 be so prescribed, and to so lay the paving thereon, in the man20 ner or within the time required by the board of commissioners, 21 said board of commissioners may cause the same to be done at 22 the expense of the city and assess the amount of such expense

23 upon such lot owner, and the clerk shall notify such lot owner 24 of the amount of such assessment, and if the same be not paid 25 within thirty days from the date of said notice, he shall cause 26 a memorandum showing the name of the owner of said lot, 27 a description of the lot and the amount of such assessment, to 28 be filed in the office of the clerk of the county court of Green29 brier county, which shall be entered of record in the judgment 30 lien docket in said office, and the same shall constitute a lien 31 on said property, which may be enforced by a suit in equity in 32 the name of the city in the circuit court of Greenbrier county; 33 and upon the payment of such assessment the city clerk shall 34 issue to the person entitled thereto a release of said lien; pro35 vided, however, that reasonable notice shall first be given to 36 such owner or owners of such abutting lot or lots that he or 37 they are required to construct such sidewalk or footway, and 38 also any fill, substructure, retaining wall, cut or grade that may 39 be deemed necessary by the board of commissioners, and to so 40 pave the same; and in case the owner is a non-resident of the 41 state, the notice aforesaid may be given by publication for 42 four consecutive weeks in a newspaper published in the city. 43 The provisions of this section shall also be applicable to needed 44 repairs to any of the sidewalks or footways of the city, and to 45 the substitution of new pavements for any which may have been 46 heretofore or which hereafter may be laid and completed, and 47 which may be deemed insufficient.

CHAPTER 75

(Senate Bill No. 306-Mr. Arnold)

AN ACT to amend and re-enact sections four, seven, fifteen, twenty and twenty-one of chapter one hundred and fifty-one of the acts of one thousand nine hundred and one, relating to the election of councilmen; the appointment and qualifications of town officials; the authority of the council; and to provide for additional officers and employees, and conferring necessary powers for and within the city of Elkins; and providing for submission of these amendments to the voters of said city at a regular election.

Be it enacted by the Legislature of West Virginia:

That sections four, seven, fifteen, twenty and twenty-one of chapter one hundred and fifty-one of the acts of one thousand nine hundred and one, relating to the charter of the city of Elkins, be amended and re-enacted so as to read as follows:

Section 4. The municipal authorities of said city shall 2 consist of a mayor to be elected by the voters of the whole city, 3 two councilmen from each ward, to be elected by the voters of 4 such ward, ten councilmen as provided by this charter, but the 5 number thereof to be increased or diminished as the number of 6 wards be increased or diminished, who, together shall form a 7 common council and who shall receive as compensation fifty 8 dollars per annum, unless the council, by ordinance, change 9 such compensation, and which compensation shall not be in10 creased or diminished during their term of office.

Sec. 7. There shall be a city manager, chief of police, city 2 attorney, city assessor, city collector and treasurer and city 3 clerk, who, at the time of their election or appointment (except 4 the city manager), shall be entitled to vote for members of the 5 common council. The several offices or any two or more of 6 them may be held by the same person, except that the office of 7 city manager shall be deemed incompatible with any other 8 office. These several offices shall be filled by appointment by 9 the common council and held by the appointees during the 10 pleasure of the council and until their successor shall be ap11 pointed and qualify. Provided, however, that the common 12 council by ordinances may provide for the election of any of 13 said officers, except city manager, and prescribe their term of 14 office at not less than one or more than two years.

Sec. 15. The council shall also have authority to provide, 2 by ordinance, for the appointment of such other officers as shall 3 be necessary and proper to carry in full force the authority, 4 capacity, jurisdiction and duties of said city, which is or shall 5 be vested therein, or in the council, or in the mayor, or in any 6 other officer or body of officers thereof, and to grant to the 7 officers so appointed the power necessary or proper for the 8 purposes above mentioned. The council, by ordinance, shall 9 define the duties of all officers so appointed or elected as afore10 said, but shall not by ordinance diminish any powers conferred 11 upon the city manager by the charter, and allow them reason12 able compensation which shall be by monthly or quarterly 13 salaries and not otherwise, except as to the collection of taxes, 14 and fees of the mayor and chief of police in criminal convictions 15 wherein the fees are recovered from the defendant, which com16 pensation shall not be increased or diminished during their 17 term of office; and shall require and take from all of them whose 18 duty it shall be to receive its funds, assets or property, or have 19 charge of the same, such bonds, obligations or other writings as 20 they shall deem necessary or proper to insure the faithful per21 formance of their several duties. All officers whether ap22 pointed or elected may be removed from office for mal-feasance, 23 non-feasance or mis-feasance by the council, but provided al24 ways that any appointed officer who holds his office at the 25 pleasure of the council may be removed from his office at any 26 time without notice, except that when any term of office may be 27 fixed by ordinance, such officer shall not be removed during 28 said term except for cause and upon notice. The chief of 29 police shall have all powers, rights and privileges within the 30 corporate limits of said city in regard to the arrests of persons, 31 the collection of claims, the execution and return of process, 32 that can be legally exercised by a constable of a district within 33 this state; and may without having any warrant or other 34 process therefor arrest any person who commits any offence 35 against the laws of this state or infraction of the ordinances 36 of said city, in his presence. He shall be ex-officio the keeper 37 of the jail and have charge of the city prisoners confined therein, 38 and may confine any persons arrested by him in the city jail 39 until such time as the charges against such person can be in40 quired into by the mayor. Any person fined by the mayor 41 for infraction of any of the ordinances of the city may pay