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and dollars, as the council may prescribe; he shall receive such salary as may be fixed by council, which shall not be less than six hundred nor more than one thousand dollars per annum.

Sec. 37. In case a violation of any ordinance of said city is committed in the presence, or within view, of the chief of police or other police officers, the offender may be forth with apprehended and taken before the mayor, and a complaint under oath, stating such violation there lodged and filed; and thereupon such offender may be tried and dealt with according to law, without summons.

The chief of police shall execute, within the county of Hancock, any proper process issued by the mayor o proceedings for the enforcement of ordinances; and shall collect, by levy or execution or otherwise, and duly account for all fines assessed and costs imposed in such proceedings; he shall have all the right and powers, within said «ity, in regard to the arrest of persons, the collection of claims and the execution and return of process, that are or may be lawfully exercised by a constable of a district within the same, and shall be entitled to the compensation therefor; and he and his sureties shall be liable to all fines, penalties and forfeitures that a constable is liable to for any dereliction of duty in office, to he recovered in the same manner, and in the same courts, that such fines, penalties and forfeitures are recovered against constables.

Sec. 38. The council shall have the authority to require a city license as follows: For anything to be done, carried on or exhibited within the city, for which a state license is now or may hereafter be required (other than the sale of spirituous, vinous or malt liquors) also for the keeping of hacks, carriages, carts, wagons, and other vehicles for hire within the city, and for the keeping of dogs within the city, and the council may provide for the killing of all dogs, the keeping of which is not so licensed; and upon all such ljcenses the council may impose a reasonable tax for the use of the city

Sec. 39. The council shall prescribe by ordinance, the manner in which licenses of all kinds shall be applied for and granted, and shall require the payment of the tax thereon to be made to the collector and treasurer before delivery to the person applying therefor.

Sec. 10. The provisions of the twenty-ninth section of chapter thirty-two of the code of West Virginia, relating to state license shall be deemed applicable to licenses of a similar character to those therein mentioned, when granted by or under the authority of the council of said city; licenses for keeping dogs shall also expire on the thirtieth day of April next after they are granted.

Sec. 41. The council shall have the right to institute proceedin the name of the city, for the condemnation of real estate for streets, alleys, drains, market grounds, landings, wharves, city prison or other work or purposes of public utility; such proceedings shall conform to the provisions of chapter forty-two of the code of West Virginia; and the cost thereof shall be borne by the city, except that in contests involving a hearing in the circuit court shall be reserved by the prevailing party.

Sec. 42. After having caused proper curb of brick, stone or other suitable material to be set and placed on any of the streets or alleys of said city at the expense of the property owner, the council may require sidewalks or footways on such streets or alleys to be paved with brick, stone or such other suitable material as the council may determine, under the direction of the street commissioner, by the owners respectively of the lots, or the fractional part of lots, facing or abutting on such sidewalk or footway and if the owner of any such sidewalk or footway, or of the real property next adjacent thereto, shall fail or refuse to pave the same in the manner or within the time required by the council, it shall be the duty of the council to cause the same to be done at the expense of the city, and to assess the amount of such expense upon such owper; and the same may be collected in the manner herein provided for the collection of city taxes, and the same shall constitute a lien on such property, which may be enforced by a suit in equity in the name of the city in the circuit court of Hancock county as other liens against real estate are enforced; provided, however, that reasonable notice shall first be given to said owners that they are required to construct such sidewalks or footways, and in case the owner is a non-resident of the state, the notice aforesaid may be given by publication for four successive weeks, in a newspaper published in said city or county; the provisions of this section shall also be applicable to needed repairs to any of the pavements of the city, and to the substitution of new pavements for any which may have been heretofore or which may be hereafter laid and completed, and which may be deemed insufficient.

Sec. 43. The council shall have the authority to provide that any street or alley, or any portion thereof between the curbstones, shall be macadamized, or paved with bricks, cobblestones or other suitable material, upon the lowest and best terms obtainable, after advertisement for four weeks in one or more newspapers of the city or county for bids and proposals for the work; and the twothirds of the cost of such macadamizing or paving, from curb to curb of such street or alley, shall be assessed to the owners of the lots, or fractional parts of lots, fronting or abutting on such street or alley, that is to say: The property owners on each side of said street or alley to be assessed one-third of the cost of said improvements, to each property owner a sum proportionate to the distance, or extent in feet by him owned, and one-third of the sum so assessed shall be paid by each property owner to the city within thirty days after the completion of the work, and the remainder in two equal installments in six and twelve months thereafter, or at such other times as the council may prescribe; the remaining one-third of such expense, as well as the expense of macadamizing or paving at the intersections of streets and alleys, shall be defrayed by the city; the council shall cause a notice to be published for one week in a newspaper of said city or county showing the owners of the property and the number of feet fronting on said improvements, as well as the time and the place where the said council will proceed to fix said assessments as above provided, and giving notice to any person having an interest in said property to appear and show cause, if any they can, why such assessment should not be made; and the council may, in making said assessments, consider the petition of any person or corporation relative to the inequality of said assessment, and may equalize and adjust the same; the assessment to be made to any owner of real estate shall constitute a lien on such estate; and like proceedings may be had and taken to enforce such lien, or to recover from such owner the amount of such assessment, or of any installment thereof, as those provided for in the preceding section, providing for the laying of pavements. The council of said city may cause an additional annual levy of twentyfive cents on the hundred dollars of the ascertained value of all the real and personal property within said city, or subject to taxation, for the purpose only of defraying the expense of paving the streets and alleys of said city as herein provided; such levy shall be made at the time the general levy is laid, and shall be collected in like manner, but a separate account shall be kept of the receipts and expenditures of such fund.

Sec. 44. The city of Chester shall succeed to all the rights. powers and responsibilities, and be vested with the title to all property. of the town of Chester as heretofore existing, and all officers of said city acting as such at the time this enactment takes effect shall continue until the first Monday in April, one thousand nine hundred and eight, or until their successors, the officers herein mentioned, are elected or appointed and qualify, to exercise the powers, perform the duties, and receive the compensation heretofore conferred, prescribed and allowed by former charter, by general law, or by the ordinances of said city; such ordinances in forep at the time referred to shall continue to have full operation and ef. fect until amended, repealed or superseded by the council of said city. The certificate of incorporation heretofore granted by the circuit court of said county of Hancock, incorporating the town of Chester, is hereby annulled.

Sec. 45. All acts or parts of acts which are in conflict and inconsistent with this act are hereby declared inoperative in so far as they are in conflict or inconsistent with this act; and this act shall not be construed to take away any of the powers conferred upon said town or upon the council or any officer thereof, conferred by general law, except so far as the same may be inconsistent with the powers conferred by this act; this act shall be in force as soon after its passage as it shall have been ratified by a majority vote of all the qualified voters on the same, under this charter, within the territory described in this act. The present council of the town of Chester shall have power to call an election, or elections to take the vote of the people upon the ratification or rejection of this charter, and shall publish in some newspaper of the county and post notices of said election in at least three public places for a period of not less than ten days preceding such election.

CHAPTER 3.

(Senate Bill No. 14.)

AN ACT to create the municipal corporation of the city of Logan.

in the county of Logan, to grant a charter thereto and to annul the charter of the town of Aracoma.

[Passed March 5, 1907.

In effect ninety days from passage..

Governor, March 6, 1907. )

Approred is the

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to

18

10. 11.

ap

Corporate name; corporate rights

and powers.
Corporate limits and boundaries.
Wards.
Officers ; board of control; by

whom appointed; their term of
office and qualifications; other
officers to be elected by vote of

the people.
Powers of council.
Who eligible to hold office.
Duties and qualification of mayor.
Power and duties of council.
Vacancies; how filled.
Qualitications of voters.
Time of holding elections ; term of

office; when term of office of ap-
pointed officers to expire; con-
tested elections; how heard and
decided; tie vote how decided ;
candidates aggrieved shall have
right to appeal to the circuit

court.
Time for elected or appointed of-

ticers to qualify.
Council to prescribe powers and

detine duties of appointed offi.
(ers : and to require bonds of

them.
Council to have authority to re-

move officers for misconduct or
incompetency; how removed; of-
ficers shall have right to ap-

peal.
Presiding officer of council; who

to be.
Tie vote in council; recorder to

have no vote in council.
Council

to keep journal; records of the town of Aracoma ; where deposited.

SEC.
18. Council to have authority to make

ordinances ; mayor to impose

fines; in his absence, who then. 19. Council to enter on its journal of

all sums chargable to city ; its duty to make lery; how made ;

to be agreed to by board of 20. control. 21. All taxes and fines collected for

violations of city ordinances shall be applied to the benefit of the city; all receipts and ex. penditures

be published; when. Control of liquor sales by coun

cil; persons granted license to give bond; license to be

proved by the county court. 23.

Council may revoke license. 24. Other licenses to be granted. 25. Construct sid

and by whom paid; city to have authority to

issue bonds; how issued. 26. There shall be a lien on all real

estate in the city for city taxes;

real estate returned delinquent. 27. Duties of treasurer; qualitication ;

compensation. 28. Duties of assessor; compensation

and how paid. 29. City to support its own poor. 30. Duties of recorder; his powers. 31. Duties of chief of police; qualifi

cation and powers; powers of

special police. 32. ('ouncil to fix salaries of officers. 33.

Condemnation of real estais 34. Inconsistent acts repealed.

City shall succeed to all rights

and liabilities of the town of 36. Aracoma.

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33.

Be it enacted by the Legislature of West Virginia:

See. 1. That the inhabitants of that portion of Logan county, in the state of West Virginia, included in the boundary in section two of this act, be and they are hereby made a municipal corporation by the name of "The city of Logan,'' by which name they shall have perpetual succession, and a common seal and by which name they may sue and be sued, plead and be impleaded, contract and be contracted with, purchase and otherwise acquire and hold real estate and personal property, needed in the discharge of the funetion of government conferred by this chapter.

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

Beginning at a stake in the center line of the Guyan Valley Railroad at the Bill Ellis hollow; thence north 17° 33' east 851.65 feet to a dead sugar tree in the Bill Ellis hollow; thence north 29° 39' west 7019 feet to a stake in the center line of the Guyan Valley railroad at

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