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dinate police officers; he shall be ex-officio a constable within the corporate limits of his city; may execute any writ or process issued by the mayor or a justice of the peace at any place in Brooke county. It shall be the duty of the chief of police to collect all fines and costs at the time of trial or assessment of said fines and costs by the mayor, and make monthly reports thereof to the council and pay said fines and costs and all city moneys that may come into his possession to the city collector and treasurer weekly; and he shall have in all respects the same power to enforce the collection of fines and costs as the sheriff of Brooke county now has, or may hereafter have, to enforce the collection and payment of fines and costs; he shall have all the powers, rights and privileges within the corporate limits of the city and anywhere within Brooke county, in regard to the arrest of persons, the collection of claims and the execution and return of process, that can be legally exercised by a constable of a district in which the said city is situated, and he and his sure. ties shall be liable to all fines, penalties and forfeitures that a constable of a district is liable to, for any failure or dereliction in his office, to be recovered in the same manner and in the same courts that the fines, penalties and forfeitures may be recovered against such constable. All subordinate police officers shall have all the powers, rights and privileges of a constable of the district within the corporate limits of the city, in regard to the arrest of persons and the execution and return of all criminal writs and process issued by the mayor, but the council may exempt them from giving the bond required by constables.

The chief of police shall before entering upon the duties of his office, execute a bond for the faithful performance by him of the duties of his office, and for the accounting for and paying over as required by law, all the money which may come into his hands by virtue of his office, with sureties satisfactory to the council, in a penalty of two thousand dollars.



(Senate Bill No. 185.) AN ACT to amend, revise and consolidate into one act, the act of

the General Assembly of Virginia, passed March eleven, one thousand eight hundred and thirty-six, entitled “An act to incorporate the city of Wheeling in Ohio county,” and all subsequent acts both of the General Assembly or Virginia and of the legislature of West Virginia, which form a part of the charter of the city of Wheeling.

(Passed February 11, 1907.

Approved by the Governor.

In effect from passage.

February 14, 1907. ]











1. 1 Corporate name, boundaries and

3. Wards; enumeration to be made.
4. Elections: qualification of voters.
5. Time of holding elections.

Council, powers and duties; eligi

bility. 7. First branch of council; term of

office; shall elect clerk, duties 8. and compensation of clerk. 9. Second branch of council; term of

office; president: apportionment 10.

among the several wards. 11. Members of council to be residents

of wards.
12. Vacancy in council; how filled.
13. Removal.
14 Members of council or other officer

to hold office until successor is
elected and qualified; tie yote,

how decided. 15.

Council may prescribe period

within which oath of office may

be taken. 16.

Meetings and powers of council. 17.

Quorum. 18. Majority present to decide ques

tions. 19. Each branch of council to keep

20. Money--how appropriated.

When member cannot vote.
Council shall have authority by
ordinance. to establish, own and

operate water works, etc. 23.

To provide for proper weighing or

measurement. 24.

Establish and conduct landings,

etc. 25.

May purchase or build bridges. 28.

Regulate building of bridges. 27.

May establish and control mark

ets. 28.

To cause offensive substances to be

removed. 29.

Council may pass ordinances pro

tecting inhabitants against per

sons violating public pease. 30.

Regulate storage of combustibles.
Regulate performances, etc. and

collect tax on same.
Granting of licenses.
Unlawful professions.
License of auctioneers.
Exclusive authority in city to

grant or refuse licenses.
Other licences.


Penalty for acting without license.
Open and control streets, etc.
Improvements under direction of

board of control.
Condemnation of property.
Persons making plats for city ad-

ditions must submit same to council for approval. Regulate width of sidewalks; pay

ment for paving same. Regulate construction of build

ings. Plans of buildings to be submitted

to board of control: building permits; regulate buildings al

ready constructed. Power of council to pass ordi

nances. Election of mayor, auditor, treas

urer and chief of police: term of

Mayor's duties; salary.
Audivor's duties; salary.
Treasurer's duties; Salary.
Duties of chief of police; salary.
Board of control; how elected;

term of office.
Vacancies: how filled.
Member of council ineligible as

member of board of control. Members of board of control to

give bond: salaries; powers and duties; city employees. Office of city engineer; how con

ducted and managed. Jurisdiction of board of control. Council to define rules and regula

tions of various works.
To provide for inspection of milk,

Abatement of nuisances,
Officers elected by council.
Solicitor; qualifications; duties;

Building inspector; duties.
Police judge; qualification; duties:

Jurisdiction of police court.
Proceedings for recovery of fine.
Absence of clerk.
Action in case of violation of laws

of state.
Sessions of police court.
Court to have power to enforce

orders and judgments.
(lerk to administer oaths.
Records of police court.











33. 34. 35.




SEC. 72.


73. 74. 75. 76.




[ocr errors]


79. 80.


Power of police court upon render

ing judgment.
Maintain city prison.
General provisions as to officers,
Salaries not increased or dimin-

ished during term of office.
No officer to be interested in city

Malfeasance or non-feasance in of-

Taxation and finance; fiscal year.
Property subject to taxation;

amount of levy.
Oapitation tax.
County assessor to furnish tran-

script of real and personal prop-
Disposition of annual amounts

raised by general tax; issuance
of bonds.
Estimate of expenditures; council

to lay levy
Time taxes due.
Collection of unpaid taxes on per-

sonal property
Lien on real estate.

Collection of water rents.
Collection by suit.
Restraining provision for issuing

of checks or orders. Unauthorzied debts to be submit

ted to vote of people. State law, relating to bonds ap

plicable to city. Statement of receipts and expend

itures to be published.
Public streets and franchises.
Franchises for works of public util-

ity; restrictions.
Renewal of franchise.
Dis-used franchises.
Switch or tramway on part of pub.

lic street.
Certified copies of ordinances,

prima facie evidence of acts of

omcers; when to qualify; ordi-

nances now in effect
Civil service provisions.
Oivil service commission.
Rules and regulations governing

civil service.


81. 82.





85. 86,



Be it enacted by the Legislature of West Virginia:

Boundaries and Powers.

Sec. 1. That the inhabitants of so much of the county of Ohio as is within the following boundaries, that is to say, beginning on the east side of the Ohio river at the north corner of the Jonathan Zane survey in Washington district, Ohio county, corner of lands formerly belonging to the estate of Hugh Nichols, deceased, and the Wheeling Steel & Iron Company; thence with the original Zane line, called south twenty-seven degrees east to the Ash corner of the Steenrod survey near Coal run; thence down Coal run to Wheeling creek, and thence up said creek with the easterly bank thereof to the mouth of Stackyard Hollow; thence in a direct line southward to a double locust on top of the hill, in the line between the Steenrod and Riley estates; thence in a direct line southwardly to the mouth of George's branch, in Caldwell's run; thence south to the Ohio and Marshall county line and with the same westwardly to the Ohio and Marshall county stone, near the river bank; thence crossing the Ohio river by a due west course, to a line between the states of West Virginia and Ohio, and with said line northwardly to the north side of Hanover street, in the town of Martins Ferry, Belmont county, Ohio; thence in a direct line and crossing the river to the place of beginning, are, and they and their successors shall continue to be a body politic and corporate by the name and style of " The city of Wheeling,'' and as such, and by that name, may contract and be contracted with, sue and be sued, plead and be im

pleaded, answer and be answered unto, and may purchase, take, receive, hold and use goods and chattels, lands and tenements, and chose in action, or any interest, right or estate therein, either for the proper use of the said city or in trust for the benefit of any persons or associations therein; and the same may grant, sell, convey, transfer and assign, let, pledge, mortgage, charge and encumber, in any case and in any manner in which it would be lawful for a private individual so to do, except where such power may be limited by law; and may have and use a common seal, and alter and renew the same at pleasure; and generally shall have all the rights, franchises, capacities and powers appertaining to municipal corporations in this state.

Sec. 2. All real and personal estate heretofore conveyed to, or acquired by the said city, and now owned by it, whether absolutely or in trust, shall continue to be its property, as hitherto owned, subject to any modifications that may be made by law.


Sec. 3. The said city shall be divided into not less than eight nor more than twelve wards; but, until after the first election after this act goes into effect shall remain divided into eight wards as at present. A change in the wards may be made by the council, by ordinance; but in making any such change regard must be had to the compactness of the territory of each ward, and to an equalizing of the number of inhabitants of the several wards; and no ordinance shall be passed changing the wards which effects a gerrymander of territory, or which does not more nearly equalize the number of inhabitants in the several wards. To aid in fixing the number of wards, the boundaries thereof and the number of repre. sentatives to which each ward is entitled in the second branch of council, council may cause an enumeration to be made during the first year in every tenth year after this act goes into effect, of the inhabitants within the city, and within designated boundaries therein.


Sec. 4. Every person qualified by law to vote for members of the legislature of the state, who shall have been a resident of said city for at least one year preceding the election, or any male person of the age of twenty-one years who at the time of the election shall be the bona fide owner of any freehold estate within said city of the assessed value of at least two hundred dollars, shall be entitled to vote at elections for corporate authorities, and on questions authorized by law to be determined by popular vote. Provided, always, that no person, although in other respects duly qualified, shall be entitled to vote at any such election if he shall have failed to pay any taxes whatever, lawfully assessed or levied upon him for the benefits of said city during the year preceding the election, and that every voter when offering to vote may be required to exhibit a receipt for all taxes due the city. Provided, that a voter just coming of age and who was not subject to taxation at the time of the last assessment shall be exempt from the requirement of producing his tax receipt. And, provided further, that no person legally entitled to vote shall be permitted to vote at any other place than the precinct in which his residence is situated and may not vote at any other precinct in which he may own property, unless he be a non-resident property holder, in which event he may vote in any one precinct of the city in which he owns property.

Sec. 5. The first election under the new charter shall be held on. the fourth Thursday in May, one thousand nine hundred and nine, and every city election shall be held biennially on the fourth Thursday in May; said first election shall be conducted in the manner now required by the ordinances of said city in regard to elections, except that the officers to be elected shall be as prescribed by this act; thereafter such election shall be held in such manner as shall be prescribed by law All other elections or votes on any question by the qualified voters of the said city shall be held or taken at such places, under the superintendency of such persons and subject to such regulations not inconsistent with the charter of the city and the laws of the state as council shall from time to time hereafter ordain.


Sec. 6. The council of the said city of Wheeling shall consist of two distinct bodies, one of which bodies shall be the first branch of the council of the said city of Wheeling, and the other shall be the second branch of the council of the city of Wheeling, and no tax shall be levied, no appropriation of money made, no contract entered into, no ordinance, by-law or order made or enacted without the consent of both of said branches of said city council; but

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