may come into his hands by virtue of his office, with sureties satisfactory to the council, payable to the city of Moundsville, in a penalty of not less than five thousand nor more than ten thousand dollars, as the council may prescribe; he shall be custodian of all bonds, notes, certificates and other evidences of indebtedness to the city, together with all valuable papers which may be placed in his possession by the council, except that bond of the clerk shall be deposited with the mayor; he shall be chargeable with, and it shall be his duty to collect the city taxes, levies and assessments under such regulations as may be prescribed by law and the ordinances of the city, and in case the same are not paid within one month, after they are placed in his hands for collection, he may destrain and sell therefor in like manner and have the same power and authority possessed by the officer charged with the collection of state taxes.

If the clerk shall fail to collect, account for and pay over to the treasurer of said city, any or all of the money with which he may be chargeable, belonging to the said city, according to the conditions of his bond and orders of council, it shall be lawful for the council to recover the same by action or by motion, upon ten days' notice, in the corporate name of the city, in the circuit court of Marshall county, against him and his sureties, or any or either of them, or his or their executors or administrators.

Solicitor.

Sec. 32. It shall be the duty of the solicitor to prepare when directed by council, all ordinances for said city, to represent the said city in all matters and proceedings in any court, in which the said city in interested, and counsel the said council when requested; he shall receive as compensation for his services, to be fixed by the council, not less than three hundred dollars nor more than five hundred dollars per annum.

Chief of Police.

Sec. 33. It shall be the duty of the chief of police to preserve order and quiet in said city, and to see that all subordinate police officers faithfully perform their official duties, and he may for good cause appearing to him, for neglect of duty or insubordination, suspend any such officer from duty, and report his action and his reasons therefor to the next regular meeting of council for

action thereon; he shall make a list of all dogs within said city liable to tax, collect the license tax thereon and pay the same to the clerk, as may be provided by ordinance of said city; he shall be present in the police court, whenever the same shall be in session, and see that all its orders and requirements are properly executed; he shall with the consent of the council entered of record, but not otherwise, appoint one or more policemen as the council may determine; he shall before entering upon the discharge of his duties, execute a bond conditioned for the faithful performance by him of the duties of his office, and for the accounting for and paying over, as required by law, all money which may come into his hands by virtue of his office, with sureties satisfactory to the council, in a penalty of not less than one thousand dollars nor more than three thousand 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 dollars nor more than one thousand dollars per annum.

Sec. 34. 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 officer, the offender may be forthwith 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 Marshall, when directed to him, any proper process issued by the mayor in proceedings for the enforcement of ordinances; and shall collect by levy of execution or otherwise, and duly account for, all fines assessed and costs imposed in such proceedings. He shall also have all the rights and powers, within said city 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, for any dereliction of duty in office, to be recovered in the same manner, and in the same courts, that such fines, penalties and forfeitures are recovered against constables.

Health Officer.

Sec. 35. The health officer shall perform such duties as may be

provided by any ordinance of said city, or by resolution of the council, and shall receive a salary at the rate of not more than three hundred dollars per year. He shall receive no compensation from said city, other than the salary herein provided.

Treasurer.

Sec. 36. The treasurer may be any citizen, a bank or trust company of said city, and shall be selected by council and shall hold office during the pleasure of the council. All money due the city shall be paid to the clerk, and be by the clerk deposited with the treasurer. The money deposited with the treasurer shall be disbursed only upon orders drawn against the same, signed by the mayor and countersigned by the clerk. The treasurer shall receipt to the clerk for all money paid by him, and shall keep regular books of account, showing the amount of the several funds paid or deposited with the treasurer by said clerk, and shall make report to the council once a month or at such other times as the council may direct, showing the receipts and disbursement of the funds of the city, and the treasurer shall produce his books of account to the council or any committee of the same for inspection, upon the order of the council.

The treasurer shall give bond with security to be approved by the council in a sum of not less than five thousand dollars with condition that the said treasurer shall account for and pay over all money received for the account of said city, as may be directed by the council. The said treasurer shall receive such compensation as the council may fix, which shall not be more than at the rate of two hundred dollars per annum. Any bank or trust company of said city is hereby authorized to act as treasurer of said city, and the same shall be liable for all money deposited therein.

Street Commissioner.

Sec. 37. The street commissioner shall perform such duties as are now, or which may hereafter be imposed upon him by any ordinance of said city, and shall receive such compensation as may be fixed by council, which shall be at the rate of not less than five hundred dollars nor more than seven hundred and fifty dol'ars per annum.

City Engineer.

Sec. 38. The city engineer shall be selected by the council,

and shall hold office during the pleasure of the council; he shall perform such duties as may be required of him by the council, or provided by ordinance of said city, and his compensation therefor shall be fixed by the council.

Lien for Taxes.

Sec. 39. There shall be a lien on real estate within said city, for the city taxes assessed thereon, and for all fines and penalties assessed to, or imposed upon the owners thereof, by the authorities of such city, from the time the same are so assessed or imposed, which shall have priority over all other liens, except the lien for taxes due the state, county and district; and which may be enforced by the council in the same manner provided by law for the enforcement of the lien for county taxes. If any real estate within said city be returned delinquent for the non-payment of the delinquent taxes thereon, a copy of such delinquent list may be certified by the council to the auditor, and the same may be sold for the city taxes, interest and commissions thereon, in the same manner, at the same time and by the same officer as real estate is sold for the non-payment of state taxes.

Liquor License.

At each general city election, the question of granting or refusing licenses for the sale of spirituous liquors, wine, porter, ale or beer and drinks of like nature, shall be submitted to the voters of the city; the persons voting in favor of granting such licenses shall have on their ballots, the words, printed or written, "for license" and those voting against the granting of such license shall have on their ballots the words, written or printed "against license", and it shall be the duty of the ballot commissioners of said city to cause the said words to be printed on all the ballots to be voted at said election; if a majority of the votes cast on this question be in favor of license, it shall be the duty of the council until the next general municipal election, to grant such license to proper persons applying therefor as provided in the next following section of this act; but if a majority of such votes so cast be opposed, no license shall be granted by the council of said city.

Sec. 41. The council of said city shall, if a majority of the votes cast on the question of granting such liquor license be in

favor of granting such licenses, grant not to exceed one license to sell, offer or expose for sale, spirituous liquors, wine, porter, ale or beer, or drinks of a like nature, for each one thousand persons resident in said city or fraction over five hundred as shown by the last authorized census of the same; when any such license is granted by the council it shall take from the person so licensed, a bond with appproved security, in a penalty of not less than three thousand five hundred dollars, payable to the city of Moundsville, and conditioned as prescribed in section twenty-one of chapter thirty-two of the code of West Virginia. The council may provide for the punishment of such persons for the violation of any of the conditions of said bond, and suits may be brought and maintained against such persons and their sureties on such bonás, for the same objects, by the same persons, in the same manner and with like effect, as upon a bond taken under the section mentioned and also for any fines and costs that may be imposed by the mayor for any offense against the city, under its ordinances, involving a breach of the conditions of such bond.

Sec. 42. The council may revoke any license for a breach of any of the conditions of such bond, or for other good cause shown; but the person holding the license must first have reasonable notice of the time and place of hearing and adjudicating the matter, as well as the cause alleged; and he shall be entitled to be heard, in person or by counsel, in opposition to such revocation. Upon the conviction of any person holding such license, of a violation of any of the provisions of section twenty-one of chapter thirty-two of the code or of any ordinance of said city in pursuance thereof, he shall be fined by the mayor not less than twenty dollars nor more than fifty dollars for the first offense; and not less than fifty dollars nor more than one hundred dollars for any offense after the first, and in the discretion of the mayor, in addition to the fine for a conviction of an offense, after the first, such person shall be confined in the jail of Marshall county for not more than sixty days. Upon the conviction of any such person of any such offense, other than the first, the mayor may revoke the said license of such person, and thereafter any sale made by him shall be a sale without license; to which judgment of the mayor an appeal may lie at the instance of the person holding such license, to the circuit court of Marshall county as provided in section twenty-four of this act.