Be it enacted by the Legislature of West Virginia:

Sec. 1. The inhabitants of Hancock county in this state, now and hereafter residing within the boundaries prescribed in the next section hereof, shall be and they are hereby constituted a body politic and corporate, by and under the name of "City of Chester" and as such, and by and in that name, shall have perpetual succession and a common seal, and may sue and be sued, contract and be contracted with, purchase, lease, hold and use real and personal property necessary for corporate purposes; and generally, shall have all the rights, powers and franchises belonging or appertaining to municipal corporations in this state.

Sec. 2. The boundaries of the said city shall be as follows: They shall include all of the territory included within the limits of the town of Chester, in Grant district, in said county, as the same existed at and prior to the passage of this act, and in addition thereto shall include the territory included by extending the eastern and western boundary lines as formerly existing to the north bank of the Ohio river and using the north bank of the Ohio river between these points of intersection as the north boundary lines of said town of Chester.

Sec. 3. The territory of the said city is hereby divided into five wards, as follows: The boundaries of the wards of said town of Chester as heretofore existing, shall remain and designate the limits of the several wards of said city.

The council of said city may change the boundaries of the different wards; and if at any time the number of inhabitants exceed ten thousand, the council may increase the number of wards to not more than eight; but in either case regard shall be had to equality of population; should the number of wards be increased the coun

cil shall re-apportion the representation of the several wards in the council, giving to each ward equal representation.

Sec. 4. The officers of said city shall be a mayor, sergeant, clerk, solicitor, chief of police, health officer, street commissioner, assessor and one councilman from each ward; the mayor and clerk shall be elected by the qualified voters of said city; the other officers named except members of the council shall be appointed by the council and the councilmen shall be elected by the qualified voters of their respective wards.

No person shall be eligible to any city office unless he is a qualified voter thereof, nor unless he has resided therein for at least six months before his election; and, in the case of a councilman, unless he is a bona fide resident of the ward from which he is elected, or appointed and a free-holder of said city; and the removal of a councilman from the ward from which he is elected shall vacate his office; and no person shall be eligible to any city office unless he is a taxpayer and assessed and paid tax on at least $100 worth of real or personal property in said city and a qualified voter thereof. The municipal authorities of said city shall consist of the mayor and councilmen, who together shall form a common council, and all the corporate powers of said corporation shall be exercised by said council, or under its authority except where otherwise provided.

Sec. 5. The first election hereunder shall be held on the second Thursday in March, one thousand nine hunderd and eight and biennially thereafter; every person who has been a bona fide resident of the city and otherwise a qualified voter, under the constitution and laws of the state, shall be entitled to vote at such election, in the ward in which he resides; the electon shall be held, conducted and the results thereof ascertained, certified, returned and deter mined, under such rules and regulations as may be prescribed by council, which shall not be inconsistent with the general laws of the state governing municipal elections, and shall conform as nearly as practicable to such laws.

Sec. 6. Contested elections shall be heard and decided by the council, and the proceedings therein shall conform as nearly as may be to similar proceedings in the case of county and district officers; the council shall be the judge of election, returns and qualifications of its own members. In case two or more persons receive an equal number of votes for the same office, if such number be the highest

cast for such office, the persons under whom the supervision of such election is held shall decide by lot which of such two or more shall be returned elected and shall make their own return accordingly.

Sec. 7. The term of office of the mayor, clerk and councilmen shall begin on the first Monday in April next succeeding their election and shall be for the term of two years and until their successors shall have been elected and qualified; the sergant, chief of police, assessor, health officer and street commissioner shall be appointed by the council, and shall hold their office during the pleasure of the council; the same person shall not be appointed clerk for more than two consecutive terms, and any former incumbent shall be ineligible for a second appointment unless he shall have fully settled up the business of his former term or terms.

Sec. 8. Every person elected or appointed to any office in said city shall within twenty days after his election or appointment and before entering upon the discharge of the duties thereof, take and subscribe the oath of office prescribed by law for officers generally, which may be done before the mayor or clerk of said city, or before any person authorized by law to administer oaths; and the same, together with the certificate of the officer administering the oath, shall be filed with the clerk of said city.

Sec. 9. The council shall prescribe the powers and define the duties of all officers by it appointed, except so far as the same are by this act defined; shall fix their compensation, and may require and take from them, respectively, bonds payable to the city in its corporate name with such sureties and in such penalties, as may be deemed proper, conditioned for the faithful performance of their duties.

Sec. 10. The council shall require and take from all officers elected or appointed as aforesaid whose duty it shall be to receive. funds, assets or property belonging to said city, or have charge of the same, such bonds, obligations or other writings, as may be deemed necessary and proper, to secure the faithful performance of their several duties. All bonds, obligations and other writings taken in pursuance of any of the provisions of this act shall be made payable to the city of Chester, with such sureties and in such penalties as may be deemed proper, conditioned for the faithful performance of their duties, and for the accounting for and paying over, as required by law, all moneys coming into their hands by virtue of their offices, and the respective persons, and their heirs,

executors and assigns bound thereby, shall be subject to the same proceedings on said bonds, obligations and other writings, for enforcing the conditions of the terms hereof, by a motion or otherwise, before any court of competent jurisdiction held in the county of Hancock, that collectors of county levies and other sureties are or shall be subject to on their bonds for enforcing the payment of county levies.

Sec. 11. The council shall have the authority to remove from office any officer of the city, whether elected or appointed, for misconduct or neglect of duty, by an affirmative vote of three-fourths of the members of the council, but only after reasonable notice to such officer, and a hearing of the charges preferred; and any vacancy in office however occasioned may be filled by the council for the unexpired term.

Sec. 12. The council shall fix the place and times of holding its regular meetings; may provide for special and adjourned meetings; shall have power to compel the attendance of its members; and may prescribe rules and regulations not inconsistent herewith, for the transaction of business and for its own guidance and government; the council shall be presided over at its meetings by the mayor, or in his absence by one of the councilmen selected by a majority of the council present, who may vote on any question as member of the council; the mayor shall have a vote only in case of a tie, and in no case shall the presiding officer have but one vote; a majority of the council shall be necessary to constitute a quorum for the transaction of business; no members of the council shall vote upon or take part in the consideration of any proposition in which he is or may be interested otherwise than as a resident of said city.

Sec. 13. The council shall cause to be kept by the clerk in a well bound book, to be called the "minute book" accurate record of all its proceedings, ordinances, acts, orders and resolutions, and in another to be called "ordinance book" accurate copies of all general ordinances adopted by the council; both of which shall be fully indexed and open to the inspection of any one required to pay taxes to the city, or who may be otherwise interested; all oaths and bonds of officers of the city, and all papers of the council, shall be endorsed, filed and securely kept by the clerk; all printed copies of such ordinances purporting to be published under authority of the council, and transcripts of such ordinances, etc., orders and resolutions, certified by the clerk, under the seal of the

city, shall be deemed prima facie correct, when sought to be used as evidence in any court, or before any justice.

Sec. 14. At each meeting of the council the proceedings of the last meeting shall be read, and if erroneous, corrected, and signed by the presiding officer for the time being. Upon the call of any member the yeas and nays on any question shall be taken and recorded in the minute book.

Sec. 15. No ordinance or by-law, and no resolution or measure for the expenditure of money, other than to defray the current and incidental expenses of the city, shall be deemed passed or adopted, unless it shall have been fully read at two consecutive meetings of the council, and shall have received a majority of the votes of the members present, when it shall stand and be declared adopted, and not otherwise.

Sec. 16. The council of said city shall have power to lay off, vacate, close, open, alter, grade and keep in good repair roads, streets, alleys, pavements, sidewalks, crossings, drains, and gutters therein and light the same for the use of the citizens or of the public, and to keep the same free from obstruction of every kind; to regulate the width of pavements and sidewalks on the streets and alleys, and to order the pavements, sidewalks, footways, drains and gutters to be kept in good order, free and clean, by the owners or occupants of the real property next adjacent thereto; to establish and regulate markets, prescribe the times of holding the same, provide suitable and convenient buildings therefor, and prevent the forestalling or regrating of such markets; to prevent injury or annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prohibit or regulate slaughter houses and soap factories within the city limits; or the exercise of any unhealthy or offensive business, trade or employment; to abate all nuisances within the city limits, or to require and compel the abatement or removal thereof, by or at the expense of the owner or oc cupant of the ground on which they are placed or found; to cause to be filled up, raised or drained by or at the expense of the owner, any city lot or tract of land covered or subject to be covered by stagnant water; to prevent horses, hogs, cattle, sheep or other animals and fowls of all kinds from going or being at large in such city, and, as one means of prevention, to provide for impounding and confining such animals and fowls, and, upon failure to reclaim, for the sale thereof; to protect places of divine worship and to pre