which ought to be paid within one year, and it shall order at a meeting held by it in the month of August of each year, as provided by law, a levy of so much as will, in its judgment, be necessary to pay the same. Such levy shall be upon all real and personal property otherwise subject to state and county taxes, and an annual capitation tax of one dollar upon each male inhabitant of said city who has attained the age of twenty-one years; provided, that such levy shall not exceed the amount prescribed by statute law on each one hundred dollars of the ascertained value of such property, except as herein otherwise provided.

Financial Statement.

Sec. 53. In the month of March in each year the council shall cause to be published in some newspaper published in the city, or Marshall county, at a compensation not to exceed the rate as provided by law for like publications, for one issue, a sworn statement of the financial condition of said corporation; and said statement shall be prepared by the city clerk as provided in section thirty of this act, and shall contain an itemized account of the receipts and expenditures of the city, showing the source from which all the money was derived, and the name of the person to whom an order was issued, together with the amount of each order, and why such order was issued, arranging the same under distinct heads; and also

specific list of the debts of the city, showing the purpose for which any debt was contracted, the time it becomes due, the rate of interest, up to what time the interest thereon has been paid, the amount of money in the treasury at the end of the preceding administration and the debts contracted by it. Such statement shall be prepared by the city at the close of each fiscal year and then shall be printed according to the provisions of this section. This report shall be sworn to by the clerk, by the mayor and by members of the financial committee of the council. A copy of such printed report shall be delivered to the judge of the circuit court, one to the clerk of the county court and one to the clerk of the circuit court of Marshall county, and one shall be kept as a part of the records of the city. If council fail or refuse to perform the duties herein named, every member of such council and the clerk thereof concurring in such failure or refusal, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars.

Bonds-Additional Levy.

Sec. 54. The municipal authorities of said city shall have the power and authority to issue and make sale of the bonds of the said city and to apply the proceeds thereof to the payment for any general improvements therein, or to any debt or obligation of said city which by general statute or by this act the said city is permitted or required to pay; and to meet the demands of such bond issue, or issues, the council may levy, in addition to the levy by general statute authorized, a sum sufficient to pay off said bonds and the accruing interest, when so directed by ordinance calling for such bond issue; and in addition to the levying power of council herein set out, such additional levies as are authorized by section five of chapter nine of the acts of the extra session of the legislature of one thousand nine hundred and eight, may be made whenever council may deem it advisable, and they meet the requirements of said section.

Sec. 55. The city of Cameron shall succeed to all the rights, powers and responsibilities, and be vested with the title of all property of the town of Cameron as heretofore and at present existing; and all officers of said town acting at the time this enactment shall take effect shall continue in office and relinquish the same as directed in sections four, five and six of this act, and receive for such services the compensation allowed therefor by the said town of Cameron. All ordinances, by-laws and rules of council in force in said town at the time this act takes effect, unless in conflict herewith, shall continue to have full force, operation and effect until amended, repealed or superseded by council under authority herein given, or by general statute.

Sec. 56. But this act shall not become effective unless the same shall first be submitted to the qualified voters residing within the proposed city of Cameron, as shown by the boundaries thereof set out in section two of this act, and having received a majority of all votes cast at the special election hereinafter provided for.

This act shall be submitted to said voters at a special election to be held within the proposed city of Cameron on the fourth Tuesday of the month next succeeding the calendar month in which this act is enacted by the legislature of West Virginia.

This act shall be published in full once a week for three successive weeks immediately preceding said special election in the Cameron Star-Tribune, a newspaper published in said city, and if ratified

at such election this act shall go into effect as provided for in section 4-a of this act.

Form of Ballot.

The ballots at said election shall be in the following form:

[ ] For ratification.

[ ] Against ratification.

Sec. 57. It shall be the duty of the mayor, the council and the recorder now in office to perform the duties in relation to such election as required by general law of county courts and officers on January first, one thousand nine hundred and thirteen; and the provisions of chapter three of the code of West Virginia, and the amendments thereof in effect on that date shall govern such election, and the penalties prescribed relating to elections shall be enforced against offenders at such election hereinbefore provided.

Sec. 58. All acts and parts of acts, whether special or general, coming within the purview of this act and inconsistent herewith are hereby repealed.

(House Bill No. 79.)

CHAPTER 77.

AN ACT amending and re-enacting section twenty-one of an act passed on the twenty-fourth day of February, one thousand eight hundred and seventy-two, entitled, "an act to amend and re-enact the charter of the town of Charles Town, in the county of Jefferson," as last amended and re-enacted by chapter one, of the acts of one thousand nine hundred and seven, extra session.

(Passed February 3, 1913. In effect from passage. Approved by the Governor February 7, 1913.)

SEC. 21. Power of council defined.

Be it enacted by the Legislature of West Virginia:

That section twenty-one of an act passed on the twenty-fourth day of February, one thousand eight hundred and seventy-two, entitled, "an act to amend and re-enact the charter of the town of Charles Town,

in the county of Jefferson," as amended and re-enacted by chapter one of the acts of one thousand nine hundred and seven, extra session, be, and the same is hereby amended and re-enacted so as to read as follows:

Sec. 21. The council shall have power to open new streets and extend, widen, straighten and repair old streets and alleys; to curb and pave streets, sidewalks and gutters for public use, and to alter, improve and light the same; and shall have control of all the avenues for public use in said town; to have the same kept in good order and free from obstructions on or over them; to regulate and determine the width of all streets, sidewalks and public alleys; to order and direct the curbing and paving of all sidewalks and footways for public use in said town, to be done and kept in good order by the owners or occupants of the adjacent property; to control the construction and repair of all houses, bridges and culverts; the opening and construction of all ditches, drains and gutters; to widen, deepen and clear the same of stagnant water and filth, and to determine at whose expense the same shall be done; to purchase, to lay off and appropriate public grounds and control the use of the same; to provide, contract for and take care of all public buildings proper to the town; to provide for the regular building of houses or other structures; to cause the removal of unsafe walls or buildings; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to abate or cause to be abated anything which, in the opinion of the majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the town places for the burial of the dead, and regulate the interments in the town, and provide ornamental trees; to provide for making division fences and for the draining of lots by proper drains and ditches; to make regulations for guarding against danger or damages from fire; to provide for the poor of the town; to organize one or more fire companies and provide the necessary apparatus, tools, implements, engines, or any of them, for their use; to provide a sufficient revenue for said town, and appropriate the same to its expenses; to issue bonds of the corporation and make sale thereof; but no such bonds shall be sold by said corporation for less than par, nor bearing a higher rate of interest than eight per cent per annum; nor shall said corporation be indebted on account of such issue at any period in a greater sum than ten thousand dollars without the consent of a majority of the voters of

the town expressed at an election held for that purpose; nor shall the whole indebtedness of said town at any time ever exceed the sum of one hundred thousand dollars; to provide for the annual assessment of taxable persons and property in the town; to adopt rules for the transaction of business and for the government and regulation of its own body; to promote the general. welfare of the town, and to protect the persons and the property of the citizens therein; to appoint the officers authorized by section sixteen of this act, fix their term of service and compensation, require and take from them bonds, with such sureties and in such penalties as the council may determine. conditioned for the true and faithful discharge of their duties and remove them at pleasure, (all bonds taken by the council shall be made payable to the town by its corporate name); to provide for and regulate the weighing of hay, coal, wood and other articles sold or for sale in said town and to regulate the transportation thereof through the streets; to establish and regulate markets, to prescribe the time før holding the same, and what articles shall be sold only in said markets; to protect places of divine worship; to lay off the town into three or more wards and to appoint and publish the places of holding town elections; to erect, or authorize, or prohibit the erection of gas works in or near the town; to prevent injuries to and provide protection of the same; to provide for the purity of the water and the healthfulness of the town; for all of which purposes, except that of taxation, the council shall have jurisdiction for one mile beyond the corporate limits of said town.

(House Bill No. 95.)

CHAPTER 78.

AN ACT to amend an act of the legislature of West Virginia passed on the twenty-seventh day of February, one thousand eight hundred and sixty-six, entitled, "an act to amend an act to incorporate the town of Piedmont, in the county of Mineral, (late Hampshire).” and being chapter eighty-six of the acts of one thousand eight hundred and sixty-six, and to change the corporate limits of said town, so as to include additional territory and consolidate into one act, the whole charter of said town.