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ACTS OF 1907



(Senate Bill No. 15.)

AN ACT amending and re-enacting section twenty-one of an act

passed on the twenty-fourth day of February, one thousand eight hundred and seventy-two, entitled, “An act to amend and act the charter of the town of Charles Town, in the county of Jefferson."

(Passed March 1, 1907.

In effect from pasage.


Approved Governor, March 6,


21. Powers and duties of council.

Be it enacted by the Legislature of West Virginia:


That section twenty-one of an act passed on the twenty-fourth day of February, one thousand eight hundred and seventy-two, entitled, “An act to amend and re-enact the charter of the town of Charles Town, in the county of Jefferson,” be and is amended and re-enacted so as to read as follows:

Sec. 21. The council shall have power to open new streets, and extend, widen, straighten and repair old streets and alleys; to curb and pave streets, sidewalks and gutters for public use, and to alter, improve and light the same; and shall have control of all the avenues for public use in said town, to have the same kept in good order and free from obstructions on or over them; to regulate and determine the width of all streets, sidewalks and public alleys; to order and direct the curbing and paving of all sidewalks and foot ways for public use in said town, to be done and kept in good order by the owners or occupants of the adjacent property; to control the construction and repairs of all houses, bridges and culverts; the opening and construction of all ditches, drains and gutters; to widen, deepen and clear the same of stagnant water and filth, and to determine at whose expense the same shall be done; to purchase, to lay off and appropriate public grounds and control the use of the same; to provide, contract for and take care of all public buildings proper to the town; to provide for the regular building of houses or other structures; to cause the removal of unsafe walls or buildings; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to abate or cause to be abated anything which, in the opinion of the majority of the whole council, shall be a nuisance; to regulate the keeping of gun powder and other combustibles; to provide in or near the town, places for the burial of the dead; and regulate the interments in the town, and provide ornamental trees; to provide for making division fences and for the draining of lots by proper drains and ditches; to make regulations for guarding against danger or damages from fire; to provide for the poor of the town; to organize one or more fire companies, and provide the necessary apparatus, tools, implements, engines, or any of them, for their use; to provide a sufficient revenue for said town, and appropriate the same to its expenses; to issue bonds of the corporation and make sale thereof; but no such bonds shall be sold by said corporation for less than par, nor bearing a higher rate of interest than eight per cent per annum; nor shall said corporation be indebted on account of such issue at any period in a greater sum than ten thousand dollars without the consent of a majority of the voters of the town, expressed at an election held for that purpose; nor shall the whole indebtedness of said town at any time ever exceed the sum of fifty thousand dollars; to provide for the annual assessment of taxable persons and property in the town; to adopt rules for the transaction of business and for the government and regulation of its own body, to promote the general welfare of the town, and to protect the persons and the property of the citizens therein; to appoint the officers authorized by section sixteen of this act, fix their term of service and compensation, require and take from them bonds, with such sureties and in such penalties as the council may determine, conditioned for the true and faithful discharge of their duties, and remove them at pleasure, (all bonds taken by the council shall be made payable to the town by its corporate name); to provide for and regulate the weighting of hay, coal, wood, and other articles sold or for sale in said town, and to regulate the transportation thereof through the streets; to esablish and regulate markets, to prescribe the time for holding the same, and what articles shall be sold only


in said markets; to protect places of divine worship; to lay off the town into three or more wards and to appoint and publish the places of holding town elections; to erect, or authorize, or prohibit, the erection of gas works in or near town, to prevent injuries to and provide protection of the same; to provide for the purity of the water and the healthfulness of the town; for all of which purposes, except that of taxation, the council shall have jurisdiction for one mile beyond the corporate limits of said town.


(House Bill No. 67—Regular Session.)

AN ACT providing for a charter for the city of Chester, in the

county of Hancock, and to nullify the certificate of incorporation heretofore granted by the circuit court of the said county to the town of Chester.

(Passed February 28, 1907; over the veto of the Governor.

from passage.]

In effect ninety days









Sec. 1.

Corporate name and powers. 2.

Corporate boundaries. 3. Wards. 4. Officers; qualifications ; common

council. 5. Election ;

when held; voters;
how elections held.
6. Contested elections.
7. Term of office of mayor, clerk and

councilmen; successors; officers
appointed by council; term of
office; clerk ineligible for second

appointment, unless, etc.
8. Oath of office.
9. Council to prescribe powers and

define duties of officers by it ap

pointed. 10. Council to take bond from officers

whose duty it is to receive

moneys. 11. Removals; how made; vacancies ;

how filled. 12. Power of council as to meetings;

duties of mayor; when member

of council cannot vote. 13. Minute book and ordinance book to

be kept; by whom. 14. Proceedings of council of last

meeting to be read, etc., and

signed by presiding officer. 15.

Requirements as to expenditure of

money other than to defray cur

rent and incidental expenses.
16. Powers of council.
17. Council to have full authority to

adopt needful ordinances, etc.,
mayor to inflict and enforce
fines; who to act in absence of

18. Salary of mayor.


Powers and duties of mayor.
Process in proceedings to enforce

Power of mayor as to the issue

of execution of fines imposed by

him. Duty of the jailor of Hancock

county as to receiving prison. ers: expenses

of maintaining prisoners. Docket to be kept; what to con

tain. Appeals; within what time

granted; provisions of law ap

plicable. Duty of mayor where appeal is

taken. If appellant found guilty of a vio

lation of ordinance in question ;

what then. Appeals in cases other than in

violation of ordinances. Duties of city clerk; salary; du.

ties of sergeant. Duties of assessor; compensation. Council to lay levy based on esti

mate of annual expenses ; what levy upon ; capitation tax; council to have published financial

statement. Clerk to give bond ; in what sum. Duty of city clerk after annual

levy is made ; duty of sergeant

as to collection. Duty of sergeant as to taxes in

his hands for collection; to keep regular books of account; compensation ; recourse if sergeant fail to collect, etc.. moneys with which he may be chargable.





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