authority belonging to a justice under sections two hundred and twenty-four and two hundred and twenty-five of chapter fifty of the code of West Virginia, in summoning and enforcing the attendance and examination of witnesses, in punishing for contempt, in granting continuances, and in securing and enforcing the further attendance of the accused with a view to a trial or hearing. If any recognizance be taken for such further attendance, and is forfeited, the mayor may record the default, and an action be maintained in the name of the city, before the mayor, or any justice having jurisdiction, against the accused and his sureties, if any, to recover the penalty thereof.

Sec. 21. The mayor shall have the power to issue an execution for any fine and costs assessed or imposed by him, for the violation of any ordinance, or he may at the time of rendering judgment therefor, or at any time thereafter and before satisfaction of such judgment by his order in writing, require the immediate payment thereof; and in default of such payment he may cause the person so in default to be apprehended and brought before him, and commit him to jail of Marshall county or in his discretion to the prison of said city, if one shall have been provided, until the fine and costs are fully paid; but such imprisonment shall not exceed ninety days.

Sec. 22. The jail of Marshall county may be used as a lockup for said city. The jailor of said county shall take and receive into his custody any person authorized to be confined therein by any ordinance of said city, or sentenced to imprisonment therein, or committed thereto, for non-payment of a fine or costs or for failure to enter into a recognizance by the judgment or order of the mayor, in proceedings for the violation of an ordinance; and the expense of maintaining such persons while so in confinement shall, if such person be found guilty of such violation, be charged to such person as part of the costs, but whether collected from such person or not, such expense shall be paid to said jailor by the city.

Mayor's Docket.

Sec. 23. A book well bound and indexed, to be denominated the "docket" shall be kept in the office of the mayor, in which shall be noted each case brought or tried by him, together with the proceedings therein, including a statement of complaint, the

summons, the return, the fact of appearance or non-appearance, the defense, the hearing, the judgment, the costs, and in case the judgment be one of conviction, the action taken to enforce the same; the record of such case shall be signed by the mayor or other person acting in his stead; and the original papers thereof, if no appeal be taken, shall be kept together and preserved in his office.

Appeal.

Sec. 24. In any case for the violation of an ordinance of the said city, in which there is a judgment by the mayor or imprisonment, or for a fine of more than ten dollars, an appeal shall lie at the instance of the person against whom such judgment is rendered, to the circuit court of Marshall county. Such appeal shall not be granted by the mayor unless, within ten days from the date of the judgment such person shall enter into a recognizance with security deemed sufficient, in a penalty double the amount of fine and costs, with condition that the person appealing will appear before the said court on the first day of the next term thereof, to answer for the offense against the city with which he stands charged, and not thence depart without leave of said court, and will perform and satisfy any judgment which may be rendered against him by the circuit court on appeal. The provisions of chapter one hundred and sixty-two of the code of West Virginia, relating to recognizance in criminal cases, shall be applicable to the recognizance contemplated by this section, except where herein otherwise provided; but any money recovered thereon or by virtue thereof shall inure to the said city.

Sec. 25. If such appeal be taken the mayor shall forthwith deliver to the clerk of said court the complaint in writing, if any, the summons, a transcript of the record including the judgment, the recognizance, and any other papers belonging to the case; and such clerk shall receive and file the same, and place the case upon the trial docket of the next succeeding term of said court and said. court shall proceed to try the same in its order.

Sec. 26. If the appellant be found guilty of a violation of the ordinance in question, whether upon the verdict of a jury or otherwise, the court shall ascertain by its judgment the fine or impris onment, or the fine and imprisonment to be paid or suffered by such defendant, having regard to the punishment prescribed by such ordinance, and shall include in any such judgment the costs

incurred by said city, as well in the proceedings before the mayor as those in court, including a fee to the attorney for the city of five dollars, and the fees, if any, of the jailor or the keeper of the city prison; and the proceedings to enforce the collection of any such fine and costs, as may be provided in section ten, eleven and twelve of chapter thirty-six of the code of West Virginia, except that the writ mentioned in the tenth section, may be issued by the clerk upon the order of the mayor of the city, and the notice contemplated by the eleventh section shall be given to such officer. If the judgment be for the defendant he shall recover his costs against the city, but no docket fee shall be charged against the city.

Sec. 27. From all judgments by the mayor in cases other than for violation of ordinances, appeals shall be allowed as in similar cases before justices.

Clerk.

Sec. 28. It shall be the duty of the city clerk to keep a journal of the proceedings of the council, and have charge of and preserve the records, papers, contracts and other documents belonging to the city; it shall be his duty to attend the sessions of the police court and keep an accurate record of its proceedings, and all judgments shall be entered by him within twenty-four hours after the same is rendered; he shall, in case of sickness or disability of the mayor to act, or in case of his absence from the city, or during any vacancy in the office of the mayor, perform the duties of mayor, and shall be vested with all the powers necessary for the performance of such duties; he shall also perform such other duties pertaining to the fiscal affairs of the city, or otherwise, as may be required of him by this act or by the council.

The officer whose duty it is to make out the land books for Marshall county, shall annually, not later than the twentieth day of July, furnish to the clerk showing in separate amounts, the aggregate value of all the personal property and the aggregate value of all the real estate in the city as ascertained from the land and personal property books of said county for the current year; upon receiving said statement the clerk shall present the same to the council at a meeting to be held not later than the first day of August, for the purpose of determining the rate of levy in said. city for the current year; as soon as the rate of levy shall have

been fixed by council, the clerk shall furnish the officer whose duty it is to make out the land and personal property books, a certified copy of the order of the council, fixing the rate of tax and such officer shall thereupon extend the tax against the property situated in the city in the land and personal property books in separate columns in said books.

Sec. 29. The clerk shall, when the extended copies of the assessor's books are completed and returned to the clerk of the county court, have access to the same for the purpose of making out the tax tickets of the taxes therein extended, and it shall be the duty of the clerk to make out all tax tickets, and when the same have been examined, compared and approved by the financial committee of the council and found to be correct, they shall be turned over to the clerk not later than the tenth day of September following the levy, whose receipt shall be returned to the council and entered upon its record and the clerk shall be charged therewith.

The clerk shall give notice that said tax tickets are in his hands for collection, stating the penalty for non-payment thereof, and the time and place where the same may be paid, which notice shall be published for fifteen days in one or more newspapers published in said city.

To all persons who shall pay their taxes in full before the first day of December next succeeding said levy there shall be allowed. a discount of two and one-half per centum on the whole amount of the taxes so paid, and not otherwise.

The clerk shall immediately proceed to collect from the persons by distraint or otherwise the entire amount of the taxes with which they are severally charged therein, and remaining unpaid on the first day of January next succeeding said levy, with interest at the rate of one per centum per month from the said first day of January until they are fully paid.

All license taxes shall be payable on the first day of May of each year, or at such time as such licenses may be issued.

Sec. 30. The said clerk shall receive all taxes, assessments, fines and costs or other money due the city authorized by this act, or by any ordinance of the said city, to be paid to the city, and shall receipt for the same; he shall keep an accurate account of all money paid to him for the use of said city, showing under separate accounts the amounts received for account of taxes, sewer purposes, street pavement, licenses, fines and costs and of other matters

pertaining to his office, which books shall at all times be open to the inspection of the council or to any committee appointed by it for such purpose; he shall pay over promptly all money which he may receive, within five days after the receipt thereof, into the hands of the treasurer of the said city, showing an itemized statement of the several funds included in said payment, taking the treasurer's receipt therefor; he shall keep his office at the office of the mayor, unless otherwise ordered by the council, and shall keep his office open for the transaction of business during usual business hours, and as may be directed by council; he shall on or before the first day of January and July of each year and oftener if directed by council, present to the council a full, complete and detailed statement of all money with which he is chargeable, or that has been received by him from all sources up to that time, together with a statement of all money paid to the treasurer and proper receipts therefor, and he shall at such times return a list of all taxes, levies, assessments and other claims in his hands for collection which he shall not have been able to collect by reason of insolvency, removal, or other cause, to which list he shall append an affidavit that he has used due diligence to collect the several items therein. mentioned, but has been unable to do so, and if the council should be satisfied as to the correctness of said list, it shall allow him a credit for said claims, but may thereafter take such lawful measures to collect the same as shall be by it prescribed. The said clerk shall receive all taxes on licenses, and receipt to the party paying the same by endorsement upon the permit granted by order of the council and shall charge himself with the amount received from the same, and report to the council at the next regular meeting thereafter, the amount so received, and pay the same over to the treasurer taking his receipt for the same; he shall upon the expiration of his term of office, or upon the order of council, turn over to his successor all money, books of account and other property of said city in his posession; he shall receive such salary as may be fixed by the council, which shall not be less than at the rate of six hundred dollars, nor more than one thousand dollars per annum.

Sec. 31. The clerk of said city before entering upon the discharge of his duties, shall execute a bond conditioned for the faithful performance of the duties of his office, and for the accounting for and paying over, as required by law, all money which