CHAPER XII. An Act to amend an act to incorporate the Passed February 6, 1872. Be it enacted by the Legislature of Wett Virginia: 1. The sixth section of chapter one hundred and chapter ameneighteen of the acts of eighteen hundred and sixty-nine is hereby amended and re-enacted so as to read as follows: ded. Jefferson county helder. 6. The board of supervisors of the county may sub- Subscription by scribe not exceeding twenty-seven thousand dollars of said capital stock, and levy the same on the taxable prop- How made. erty of said county in such levies as the board may deem expedient, and the county shall be a stockholder to the County a stockextent of its stock subscribed; and the board of supervisors shall appoint one or more persons to cast the vote How vote of of the county in any meeting of the stockholders, and the number of such votes shall be in proportion to the number of shares of stock held by the county at the time of such meeting." county cast. ་ CHAPTER XIII. An Act to alter part of the division line between the counties of Hampshire and Mineral. Passed Feb. 8, 1872. Be it enacted by the Legislature of West Virginia: viding lines. That the act passed the twenty-ninth day of February, Acts repealed. 1868, entitled "An act to alter part of the division line between the counties of Hampshire and Mineral," be and the same is hereby repealed, and the territory by said act Alteration of di annexed to and made part of the county of Mineral, is hereby re-annexed to, and made part of the county of Hampshire, and the township constituted by said act, shall continue to be known as Mill Creek township, to be governed as other townships of the said county of Hampshire, and all officers therein shall continue to perform their duties until their successors are duly elected and qualified, or until otherwise ordered by law. Township effi cers. Charter amen ded. Corporate limits. Municipal authorities. CHAPTER XIV: An Act to amend and re-enact the charter of the town of Moorefield, in the county of Hardy. Passed February 9, 1872. Be it enacted by the Legislature of West Virginia: That the charter of the town of Moorefield, in the county of Hardy, is hereby amended and re-enacted so as to read as follows: 1. The corporate limits and boundaries of the town of Moorefield shall be as follows: Beginning at the post of the cemetery gate nearest to the east side of the Wardensville and Moorefield turnpike, and with a line from said post, crossing said turnpike, and through the lands of James Kuykendall to a large black oak tree standing on the bank, and near the South Branch of Potomac, on the land of the said James Kuykendall, thence to said South. Branch and up said South Branch to the South Fork, and up said South Fork to a large sycamore tree, situated at the lower end of a tract of land belonging to the heirs of Adam Harness, and thence in a direct line through said Harness' land, and through the land of Samual H. Alexander and Thomas Maslin to a large elm tree on the land of said Maslin, thence in a direct line from said elm tree, with the division fence between Thomas Maslin, Levi N. Burk and others to the South Fork, and up the said South Fork to the line of James W. F. Allen, thence down the run with said Allen's line and the line of the late William Seymore, deceased, to locust tree standing a few feet in the field on said Seymore's land, a short distance above the lot and residence of Thomas Maslin, thence in a direct line from said locust through the lands belonging to the said Seymore's estate, to a small apple tree on the east side of an old ice house on said Seymore's land, thence in a direct line through said ice house to the beginning. 2. The municipal authorities of said town shall be a mayor, recorder and five councilmen, who together shall form a common council. 3. The mayor, recorder and councilmen, so soon as they have been elected and qualified, as hereinafter provided. poration of town powers. shall be a body corporate, by the name of "the town of Style and incorMoorefield," and shall have perpetual succession and a and corporate common seal, and by that name may sue and be sued, implead and be impleaded, may purchase and hold real estate necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of said town. powes exercised. 4. All the corporate powers of said corporation shall be How corporate exercised by the said council or under their authority, except when otherwise provided. 5. There shall de a town sergeant, a treasurer and commissioner of the revenue appointed by the council, to continue in office at its pleasure, and perform the duties respectively as hereinafter prescribed, or may be required by the council. Officers; their appointment. may be dis 6. The duties of the office of recorder, treasurer and Their duties commissioner of the revenue, may be discharged by the charged by same same person or otherwise, as the council from time to time may determine. person. council. 7. The mayor, recorder and councilmen, shall be elected Term of office of for the term of one year. They shall hold their offices until their successors are elected and qualified, and no one shall be eligible to either of said offices who is not a resi- Qualification for dent of said town, and qualified to vote for its common council. office. tions. 8. The first election shall be held on the third Satur- First election. day in March, 1872, at the court-house in said town, under the supervision of a justice of Moorefield township, and annually thereafter there thall be an election on that Subsequent clecsame day in each year, at such place, and under such supervision, rules and regulations as the council of said town may prescribe. The persons conducting the first election shall grant certificates to the persons elected, Certificates of which shall be entered upon the records with the ordinances of said council, and their term of office shall com- office commenmence on the first day of April next after their election. ces. electon. When term of filled. 9. All persons resident in said town, and entitled to Vacancy-how vote for county and township officers shall be entitled to vote for mayor, recorder and councilmen. Vacancy; how filled. Vote by ballot. ing equal number of votes. 10. When a vacancy shall occur, from any cause, in the office of mayor, recorder or council, the vacancy shall be filled by appointment by the council. 11. At all elections the vote shall be by ballot, and when two or more persons for the same office, at any elecPersons receiv- tion shall receive an equal number of votes, the person or persons conducting such election shall decide by lot which of said persons shall be returned elected. And all Contested elec- contested elections shall be heard and determined by the council for the time being. tions; how de termined. Oath of office. By whom administered. When new coun cil enter on their duties. When offices de 12. The mayor, recorder, councilmen, sergeant, treasurer and commissioner of the revenue shall each, before entering upon the duties of their office, and within ten days after being furnished with a certificate of his election. take and subscribe an oath that they will truly, faithfully and impartially discharge the duties of their said offices, respectively, to the best of their abilities so long as they shall continue therein. The recorder shall take such oath or affirmation, before a justice, or other officer authorized to administer oaths, and thereupon he shall administer the oath aforesaid to the other officers and councilmen. Certificates of the said oaths or affirmation shall be recorded in the journal of the proceedings of the council. 13. When any four of the newly elected councilmen shall have been qualified, they shall enter upon their said offices and supersede the former councilmen. 14. If any one elected mayor, recorder or councilman clared vacant. shall not have been eligible, or shall fail or refuse to take the oath or affirmation required under this act within the ten days aforesaid, such office shall be declared vacant, and the vacancy filled as hereinbefore prescribed, but in all cases from among the citizens of the town eligible to such office or position under this act. Council; who to preside. 15. The council shall be presided over at its meetings by the mayor, or in his absence, by one of the councilmen selected by a majority of the council present; and a maQuorum of coun-jority of the council shall be necessary to constitute a quorum to do business. cil. cil. 16. The council shall cause a journal to be kept, and Journal of counan accurate record cf all its proceedings, by-laws, acts and orders, which shall be fully indexed, and open to the inspection of the voters of the town. ead and ap 17. The proceedings of the last meeting shall be read Proceedings to the council, corrected when necessary, and signed by proved. the person presiding for the time being. Upon the call of Ayes and noes any member, the ayes and noes on any question shall be may be called. called and recorded in the journal. The mayor, though voting as a member of the council, in cases of a tie, shall casting vote. have the casting vote. Mayor to have cil. 18. The council so constituted shall have power within Powers of counsaid town, to lay off, open, curb and pave streets, alleys, walks and gutters for public use, and to alter improve and light the same, and to have them kept in good order and free from obstructions on, or over them, to regulate the width and grade of side-walks and streets, and to order the side walks, foot ways and gutters to be curbed, paved and kept in good order, free and clean by the owners, or occupant, of the adjacent property; to lay off public grounds and provide contracts for and take care of public buildings proper to the town 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 a majority of the whole council, shall be a nuisance; to regulate the keeping of gun powder and other combustibles; to provide for the burial of the dead, and for this purpose may purchase and hold the necessary land for a cemetery, near or convenient to said town, and provide for its improvement and security; to provide for the regular building of houses and other structures in, or for, said town; for the making of division fences, and to provide for shade and ornamental trees, and against danger of damage from fires or contagious diseases; to provide a revenue for the town and appropriate the same, and to provide for the annual assessment of taxable persons and property of the town; to adopt rules for the transaction of business, and the government and regulation of its own body; to promote the general welfare of the town and protect the property and preserve the peace and good order therein; to keep a town guard, appoint and |