the mouth of Varney branch; thence north 78° 29' west 528.07 feet crossing Guyandotte river to a stake at high water mark and on the lower edge of the county road; thence with the high water mark of said river to the mouth of Island creek, a distance of about onehalf of a mile; thence with the right hand side of said creek as you descend the same to the mouth of Coal branch; thence crossing said Island creek, to a stake at high water mark; thence down said Island creek with the right hand side thereof as you descend to the mouth of a small tributary thereof, known as the Tide; thence with the meanders of the Tide in an easterly direction to a stake at high water mark on the bank of the Guyandotte river at the east mouth of said Tide; thence following the right hand side of the said Guyandotte river at high water mark as you ascend the same to a point opposite the mouth of the Bill Ellis hollow, a distance of about one mile; thence crossing said Guyandotte river to a stake, the point of beginning.

Sec. 3. If at any time the common council of said city shall deem it necessary, they may divide the territory of said city into wards, having regard to compactness of the territory included in each ward and equalizing as far as possible the population of the several wards; and may from time to time change the boundaries of the several wards so as to equalize the number of inhabitants in each ward as near as may be; provided, however, that no such change shall be made within ninety days next preceding any city election.

Sec. 4. The municipal authorities of said city shall be a mayor. recorder, chief of police, assessor, treasurer, health officer, street commissioner, and (until the city shall be divided into wards as provided in section three) five councilmen and a board of control.

The board of control shall consist of four persons who shall be first appointed by the mayor of said city and shall be a non-partisan board, two of whom shall be republicans and two democrats and they shall be appointed for the following number of years; one for the period of one year and one for the period of two years, one for the period of three years and one for the period of four years, and at the expiration of the term for which a member shall be so appointed his successors shall be appointed by the members of said board of control, from the same political party as such outgoing member for the period of four years, and thereafter the term of office of a member of said board of control shall be four years, one to be ap

pointed each year by said board of control and said board shall at all times be composed of two members each of the two dominant political parties of this state; said members of said board of control shall be freeholders of the city of Logan, bona fide residents thereof, and qualified voters therein and shall receive no compensation as such members of said board; and no member of said board shall be appointed to succeed himself as a member of said board.

The mayor, recorder, treasurer and councilmen shall be elected by the qualified voters of said city; the other officers named shall be appointed by the board of control. After the territory of said city shall have been divided into wards, then each ward shall have one councilman for each three hundred (300) or fraction thereof exceeding one hundred and fifty of its inhabitants, but each ward shall have at least one councilman.

Sec. 5. All the corporate powers and functions pertaining to said city shall be exercised by the common council or under its authority in the corporate name of the city, unless otherwise provided by the state law or municipal ordinance.

Sec. 6. No person shall be eligible to any elective office, or be a member of the board of control, in said city, unless he is a qualified voter thereof, nor unless he has resided therein for at least one year next before his election, and be a free-holder in said city, and if a councilman he shall be a bona fide resident of the ward for which he is elected, and the removal from the ward of a councilman from which he is elected shall vacate his office; and no person shall be eligible to any office in said city unless he is a qualified voter thereof. Sec. 7. The mayor shall be the chief executive officer of said city and shall see that the ordinances, by-laws and resolutions of the council are faithfully executed; he shall be ex-officio justice of the peace within the city, within the same time, possess and exercise all the powers and perform all the duties vested by law in a justice of the peace; any warrant or other process issued by him may be executed at any place within the county of Logan; but such mayor shall not receive any money belonging to the state, or to individuals, unless he shall give bond and security required of a justice of the peace by chapter fifty of the code of West Virginia, and all the provisions of said chapter relative to moneys received by justices shall apply to like moneys received by such mayor.

Sec. 8. The council of said city shall have power to lay off, vacate, close, open, alter, grade and keep in good repair the roads,

streets, alleys, pavements, sidewalks, crosswalks, drains, and gutters therein, for the use of the public, and to improve and light the same and to keep the same clean and free from obstructions 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 time of holding the same, provide suitable and convenient buildings therefor; 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 unhealthful or offensive business, trade or employment; prohibit all nuisances within the city limits, or to require and compel the abatement or removal thereof, by or at the expense of the owner 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 of any city lot or tract of land covered or subject to be covered by stagnant water; to prevent horses, hogs or sheep or other domestic animals or fowls of all kinds from going or being at large in said city, and as one means of prevention thereof, 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 preserve order in and about the premises where such worship is held; to regulate the keeping of gun powder or other inflammable or dangerous substances; to provide and regulate the building of houses and other structures, and for the making and maintaining of division fences by the owners of adjoining premises, and for the proper drainage of city lots or other parcels of land by or at the expense of the owner or occupant thereof; to provide against damages or danger by fire; to punish for assault and battery; to prohibit loitering or visiting houses of ill-fame, or loitering in saloons. or upon streets; to punish for offenses committed and forbidden under and by virtue of section seven of chapter one hundred and forty-eight of the code of West Virginia, relating to the carrying of pistols and other dangerous and deadly weapons; to prevent the operation and maintenance of slot machines and other gambling devices; to prevent lewd and lascivious conduct, the sale or exhibition of indecent pictures or other representations; to prevent and punish for profane swearing; illegal sale of all intoxicating liquors; to

protect the persons of those residing or being within the city, and to prevent and punish for all crimes and misdemeanors other than felonies; to build, purchase or lease and to use a suitable place within or near said city for the safe keeping or punishment of persons charged with or convicted of the violation of ordinances; to provide for the employment of persons convicted of the violations of ordinances or who may be committed in default of the payment of fines, penalties or costs, and who are otherwise unable to discharge the same, by putting them to work for the benefit of the city, and to use such other means to prevent their escape while at work as they may deem expedient; to acquire, erect or prohibit the erection of gas works, electric light works, or water works within the said city limits; to prevent injury to such works or the pollution of any gas or water used or intended to be used by the publie or individuals, and to do all things necessary to adequately supply said city and inhabitants thereof with pure, healthful and wholesome water; to use, generate, distribute, sell and control the electricity and gas for heat, light and power, and to furnish light for the streets, houses, buildings and other places in and about said city; to provide a sewerage system for said city, to regulate the speed of moving trains in or through said city, to organize one or more fire companies and to provide the necessary tools, implements and engines or any of them for their use; to make regulations with respect to the erection and location of all telephone, telegraph, electric light or other poles within said city, and the extension of wires, lines or poles by any individual or corporation; to grant and regulate all franchises in, upon, over and under the streets, alleys and public ways in said city, under such restrictions as shall be provided by ordinance, but no exclusive franchise shall be granted nor shall any franchise be granted for a longer period than twenty years; to create by ordinance, such committees or boards and grant such authority thereto as may be deemed advisable; to provide for the annual assessments of taxable property in said city, including dogs kept therein, and to provide a revenue for the city for municipal purposes, and appropriate such revenue to its expenses and generally to take such measures as may be deemed necessary or advisable to protect the property, public or private, within the city; such police regulations as may be ordained by said city and the right and power to enforce the same, shall extend one mile in the state of West Virginia beyond the corporate limits of the city; pro

vided, however, that no fine shall be imposed for the violation of any ordinance exceeding one hundred ($100.00) dollars, and that no person shall be imprisoned or compelled to labor as aforesaid for more than six (6) months for any one offense, and in all cases where a fine is imposed for an amount exceeding ten ($10.00) dollars, or the person be imprisoned or compelled to labor as aforesaid, an appeal may be taken from the decision, upon the same terms and conditions that appeals are taken from the judgments of justices of the peace of this state. Provided, however, that in the granting of all franchises, the construction of all sewers, pavements and public buildings and the expenditure of all moneys exceeding in amount the sum of twenty-five dollars, the assent of a majority of the board of control of said city be first had agreeing and assenting thereto.

The council of said city shall have power and authority to control and regulate the construction and repair of all houses and other buildings within the said city; to provide for the granting of building permits; to cause the removal of unsafe walls or buildings, and may upon the petition of any person or persons owning the greater amount of the frontage of the lots abutting on any street between any two cross streets, or in any square in said city, prohibit the erection on such streets, or in such square, of any building or any addition to any building unless the outer walls thereof be made of brick and mortar or other fire-proof materials, and to provide for the removal of any building or addition, which shall have been erected contrary to such prohibition, at the expense of the owner or owners thereof.

Sec. 9. Whenever a vacancy shall occur in the office of mayor, recorder, treasurer or councilman, the common council shall fill the same by election, by a viva voce vote for the unexpired term.

Sec. 10. Every person who has been a bona fide resident of the city for six months next preceding any city election therein and who is a qualified voter under the constitution and laws of this state. shall be entitled to vote at any city election and (after the city has been divided into wards, in the ward in which he resides): but no person shall be deemed a resident of such city by reason of being stationed therein for any temporary purpose.

Sec. 11. The first election hereunder shall be held the first Thursday in January, one thousand nine hundred and eight, at which election all the elective officers provided for in section four,