shall be elected; the term of office of all officers elected at said first election shall begin on the first day of February, one thousand nine hundred and eight, and shall continue until the first day of May, one thousand nine hundred and nine, and until their successors are duly elected and qualified; the next election held hereunder shall be held on the first Thursday in April, one thousand nine hundred and nine, and all subsequent elections, each second year thereafter on the first Thursday in April. The term of office of all persons elected hereunder in one thousand nine hundred and nine and all succeeding elections, shall begin on the first day of May, next after said election and shall be for two years and until their successors are elected and qualified unless they are sooner removed in the manner provided by law.

The term of all appointive officers, except the board of control, shall expire at the same time as elected officers and vacancies, if any, shall be filled for the unexpired term; the election shall be held, conducted and the result ascertained, certified, returned and determined under the constitutional and general laws of the state, governing municipal elections, and shall conform as nearly as practicable to such laws; 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 the election returns and qualifications of its own members; in case two or more persons shall receive an equal number of votes for the same office, if such numbers be the highest cast for such office, the persons under whom the supervision is held, shall decide by lot which of them shall be elected and shall make their return accordingly.

Any candidate thinking himself aggrieved by the action of said council in any contested election, shall have the right to appeal to the circuit court of the county of Logan.

Sec. 12. Every person elected or appointed to an office in such city, shall within twenty days after his election or appointment and before entering upon the duties of his office, take and subscribe the oath of office prescribed by law in the case of district officers, which may be done before any person authorized by law to administer oaths in this state, and the certificate of the officers administering the oath, shall be filed with the recorder of the city.

Sec. 13. The council shall prescribe the powers and define the duties of all the officers appointed, except so far as the same is here

in prescribed and defined, and may require and take from them, respectively, bonds payable to the city in the corporate name, with such sureties and in such penalties as may be deemed proper, conditioned for the faithful performance of their duties.

Sec. 14. The council shall have the authority to remove from office any officer of the city, whether elected or appointed, for misconduct in office, incompetency to perform the duties required by their office and gross immorality, by vote of four-fifths of the members. elected to the common council, but no officer of said city shall be removed as aforesaid, until he shall have been served with a written notice, specifying the charges and reason for such removal, and such notice shall be given at least ten days prior to the day therein set for hearing the same, and shall also state the place where said hearing shall take place, and the said officer shall have the full right to be heard in his own defense, and in the case of an elective officer, said officer shall have the right to appeal to the circuit court of the county and the right of trial by jury, but said appeal shall not be taken after ten days have expired from the decision of the council.

Sec. 15. The council shall be presided over at its meetings by the mayor, or in his absence by the recorder, or, in the absence of both mayor and recorder, by a councilman, selected by the majority of the council present. A majority of the council shall be necessary to form a quorum for the transaction of business.

Sec. 16. The recorder shall have no vote as a member of council; the mayor, or recorder presiding in his stead, shall have a vote only in case of a tie, and in no case shall the presiding officer have more than one vote. No member 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. 17. The council shall cause to be kept in a well bound book called the council journal, an accurate record of all its procedings, by-laws, ordinances, orders and resolutions, which shall be fully indexed and shall be open to the inspection of any one who is required to pay taxes to the city. The records of the town of Aracoma shall be deposited with the council of said city and it shall make suitable provisions for the safe keeping of same; at each meeting of council, the proceedings of the last meeting shall be read, corrected, if erroneous, and signed by the then presiding officer.

Sec. 18. To carry into effect the enumerated powers and all others by this act or by general law conferred or which may hereaf

ter be conferred upon the said city or its council or any of its of ficers, the said council shall have and possess full authority to make all needful ordinances, by-laws, orders and resolutions, not repugnant to the laws and constitution of the United States, and of this state, and to enforce any and all of such ordinances, by-laws, orders or resolutions by prescribing for a violation thereof fines and penalties and imprisonment in either the county jail of Logan county, or the city of Logan prison, if there be one, but such fines and penalties shall be imposed and recovered, and such imprisonment inflicted and enforced by and under the judgment of the mayor of said city, or in case of his absence or inability to act, of the recorder of said city, or in case of the absence or inability to act of both of said officers, of one of the councilmen appointed for that purpose by the council.

Sec. 19. The council shall cause to be annually made up and entered on its journal not later than the first day of July of each year, an accurate estimate of all sums that are or may become chargeable to such city, and which should be paid within one year, and it shall order a levy sufficient, in its opinion, to pay the same; provided, however, that said levy be agreed to by a majority of the board of control of said city.

Sec. 20. The levy so ordered shall be a specific levy of not more than ten ($10.00) dollars on each dog within the said city, and tax upon all real and personal property therein, subject to state taxes upon the basis of the valuation of such property as fixed for state purposes; but the taxes so levied upon the said property shall not exceed the rate of forty (40) cents on every one hundred dollars of the valuation thereof in any one year for the current expenses for the said city, unless authorized by twothirds of the voters of said city voting at an election to be held for that purpose, and in no case shall said levy exceed fifty cents on every one hundred dollars valuation.

Sec. 21. All taxes which the council are or may be authorized to levy and collect, and all fines and penalties which may be imposed and collected for violations of the laws and ordinances of said city, shall enure to the exclusive benefit of said city, and all moneys received or collected for the use of said city, shall be paid into the city treasury and shall not be drawn therefrom, except as the council in accordance with this act, may by order duly recorded in the council journal of said city and by orders drawn

upon the city treasurer, signed by the mayor and countersigned by the recorder, and no order shall be issued upon any fund unless there is an unexpended balance to the credit thereof sufficient to cover such order, and money in the treasury to pay it; the council shall on or before the first day of April in every year, cause to be published in two newspapers of different political faith if there be two newspapers of different political faith published in said city, and if not, then in one newspaper published in said city, a statement of receipts and expenditures of said city for the past year, for each of the several funds, and the same shall be signed and sworn to by the recorder.

Sec. 22. The council shall have full power to make and enforce ordinances for the regulation and control of the sale of all spirituous, vinous and malt liquors within the city, provide for the forfeiture, cancellation and annullment of any license for the violation of any condition of the bond given by any licensee, or for a violation of any ordinance regulating and controling the sale of such liquors; to make and enforce ordinances determining the class, character and qualifications of licensee and their employees; to impose a license for the sale of such liquors upon the licensee for the use of the city in excess of the amount required to be paid to the state for the same purpose.

When any such license is granted by the council it shall take from the person so licensed, a bond with approved security in a penalty not less than three thousand dollars payable to the city of Logan and conditioned as prescribed by the constitution and laws of the state of West Virginia. The council may provide for the punishment of such person, or persons, for the violation of any of the conditions for the said bond, and suit may be brought and maintained against any person, or persons, or their securities on such bond for the same object, by the same persons, in the same manner and with like effect as upon a bond taken under the laws mentioned; and also for any fines and costs that may be imposed by the mayor for any offenses against the city under its ordinances involving a breach of the conditions of such bond; but nothing contained in this act shall be construed to authorize the corporate authorites of said city to grant state license for the sale of spirituous liquors, wines, ale, beer, or drink of like nature within the corporate limits of said city without the consent and approval of the county court of Logan county; provided, however, that in no

event shall such license be granted to any person without the assent of a majority of the board of control of said city.

Sec. 23. The council may revoke any license for the breach of any of the conditions of such bond or for other good cause shown, but the person holding the license must first have ten days' notice of the time and place of hearing as well as the cause alleged, and he shall be entitled to be heard in person or by counsel in opposition of such revocation.

Sec. 24. When anything for which a state license is required, other than the sale of intoxicating liquors, is to be done within said city, the council may require a city license therefor, in the manner prescribed by law and may impose a tax thereon for the use of the city; and the council may make and enforce all reasonable ordinances respecting the same, provided, only that such ordinances shall not be in conflict with the constitution and laws of this state or of the United States.

Sec. 25. If the owner or occupant of any real property abutting on any sidewalk, footway or gutter of said city, shall fail or refuse to curb, pave or keep the same clean 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 on such property or upon the owner thereof, and the same may be collected by the treasurer in the same manner provided herein for the collection of city taxes.

Upon the petition in writing of the person or persons owning the greater amount of frontage of the lots abutting on any street or alley, between any two cross streets, or between a cross street and an alley, the council of the city by a majority thereof, may order such part of any such street or alley to be paved between the sidewalk with brick or other suitable material from one of such cross streets or alleys to the other, under such regulations as may be fixed by ordinances duly passed by the council; the cost of such paving shall be paid by the city; but nothing in this act shall be construed as to prevent the said city from issuing bonds, upon a vote of three-fifths of the qualified voters thereof, assenting thereto for the purpose of paying for the one-third of all paving, except crossings and then to pay for all of such paving over such crossing, and paving the streets and alleys of the said city, or any of them; provided that the council shall not by the issue and sale of said bonds cause the aggregate of the city debt of every kind.