and pay the tolls thereon, within ten days, it shall be lawful for the corporation, after advertising the same for two weeks in some newspaper published in Wirt county, or by posting the same for two weeks at three public places in said county, with marks thereon, to sell said lumber to the best advantage, if no owner appear to claim the same, and at any time within six months from said sale the owner shall be entitled to receive the proceeds thereof, after de- How proceeds ducting the taxes, expenses, tools and necessary charges, but if not claimed within said six months, the proceeds shall inure to, and be vested in said corporation for its own

use.

7. That if any person or persons shall willfully and maliciously injure or destroy any of said booms, piers, or other works connected therewith, or shall remove, alter or deface any mark or marks on any logs, or other timber intended for said boom or booms, he shall pay triple damages, to be received by an action of trespass brought in the name of said corporation before a justice of the peace, or any court of the county in which he or they shall reside, or in the county in which the offence was committed, and upon conviction thereof may be punished by fine and im- . prisonment, as is provided by law, for the punishment of willful trespass.

disposed of.

Penalty for in

juring com defacing marks

pany's works or

on logs.

timber.

8. That all timber in said boom or booms shall be count- Measurement of ed and measured, and its quantity ascertained by some competent person or persons, to be appointed by the company, and confirmed by the circuit court of Wirt county.

Penalty for eon

carried away by winds or currents.

9. That should any boards, logs, or other timber belonging to said corporation be carried by the wind, force of the verting timber current, or otherwise, into any bays, creeks, coves, or upon the shore or any flat lands, it shall be a penal offense for any person or persons, except the owners thereof, to take possession of, sell or convert to his or their own use such logs or timber, punishable as provided in the seventh section of this act. The corporation shall not be liable for Liability of com any loss or damage that may be caused by fire, or flood, or ages. by the unlawful acts of any person or persons not in their employ.

10. Where the words logs or timber occur in this act

pnny for dam

words "logs"

Meaning of the they shall be taken to mean logs and timber of every kind and "timber." and description, manufactured or unmanufactured.

Act amendable but not to impair vested

rights.

11. The right is reserved to the legislature to alter or amend this act, but such alteration or amendment shall not affect the rights of creditors or impair the vested rights of the corporation.

Corporate limits

Municipal authorities.

Election.

Recorder and treasurer appointed.

Common council

Bond of sergeant. and treasurer.

CHAPTER LXV.

An Act to incorporate the town of St. Marys, in the county of Pleasants.

Passed February 21, 1872.

Be it enacted by the Legislature of West Virginia :

1. The corporate limits of the town of St. Marys shall be as follows: Beginning at the west corner of a lot belonging to G. W. Riggs, on the Ohio river, thence with the south line of said lot to the south corner thereof, same course to the public road, thence with said road to the west corner of a lot belonging to the heirs of Charles. Donna, dec'd., and with the south line of said lot to the south corner thereof, thence a course through the lands of Edmund Riggs and Samuel Barkwell to the St. Marys branch of the Middle Island turnpike, (so as to include all the original plat of said town, as recorded in recorder's office of said county of Pleasants,) thence with said branch road and the lands of Silas Gallaher to the Ohio river, thence with the river to the beginning.

2. The municipal authorities of said town shall be a mayor, five councilmen, sergeant, recorder, treasurer and a superintendent of roads, streets and alleys, all of whom shall be elected annually by the citizens of said corpoporation, (who may be entitled under this act to vote,) except the treasurer and recorder, who shall be appointed. by the council from among their own number, and all of whom together shall constitute a common council.

3. The bond of the sergeant and treasurer shall each be in such penalty (not less than two hundred dollars,) as the council may prescribe.

aated.

4. The mayor, sergeant, superintendent of roads, streets Town incorpoand alleys, and the councilmen, so soon as they have been elected and qualified, as hereinafter provided, shall be a body politic and corporate, by the name of the town of St. Marys, and shall have perpetual succession and a common Corporate seal, and by that name may sue and be sued, plead and be impleaded, may purchase and hold real estate and other property necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of said corporation.

powers.

ers to be exer

5. All corporate powers of the said town shall be exer- Corporate powcised by the said council, or under their authority, except cised by council. where otherwise provided.

6. The term of office shall (except when to fill vacan- Term of office. cies,) be for one year, and until their successors have been elected and qualified as hereinafter provided.

office.

7. All the officers of the said corporation must be voters Qualification for therein, and entitled to vote for members of the common council.

vise election.

8. The first election under this act shall be held on the First election. first Monday in April, 1872, at the recorder's office of Pleasants county, in the town of St. Marys, under the supervision of a justice and inspector of elections of Who to superWashington township, and annually thereafter there shall be an election in each year at such time and place, and Annual election. under such supervision, rules and regulations as the council may prescribe. The officers conducting the first election shall grant a certificate of election to the persons elected, election. which certificate shall be recorded in the journal kept by the council.

9. All male persons residing in said town who shall have paid the town taxes, if any assessed against them for the preceding year, shall be entitled to vote at all elections held in pursuance of this act, but a person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony or bribery in any election, or who has not been a resident of this state for one year, and of the said town for six months next preceding the day of election, shall not be permitted to vote while such disability continues.

Certificate of

Who may vote

Vote by ballot.

Tie votes; how decided.

Contested elections.

Vacancies; how filled.

Oath of office.

10. At all elections the vote shall be given by ballot.

11. Whenever two or more persons shall receive an equal number of votes for the same office, the persons under whose supervision the election was held, shall decide which of them shall be returned as elected, and shall make their return accordingly.

12. All contested elections shall be heard and decided by the council for the time being.

13. Whenever a vacancy shall occur in any office, (except that of treasurer or recorder,) the sergeant shall order an election to fill said vacancy.

14. All the officers herein mentioned shall, each within ten days after receiving certificate of his election, or appointment, take and subscribe an oath that they will truly, faithfully and impartially discharge the duties of their said offices respectively so long as they continue therein, Failure to qual- and if any of these officers shall fail within ten days so to qualify, his office shall be vacant.

ify.

Journal of .council.

ceedings.

15. The council shall be presided over at its meetings by the mayor, or in his absence by one of the councilmen chosen by a majority of the council.

16. The council shall cause to be kept in a well bound book, an accurate record of its proceedings, by-laws, acts and orders, which shall be open to the inspection of the Reading of pro- citizens of the town. The proceedings of each meeting. shall be read and corrected at the succeeding meeting, and signed by the officer presiding for the time being; upon the call of any member, the ayes and nays on any question. shall be called and recorded in the journal; the mayor, or presiding officer, shall not vote in common as a member of Presiding officer the council, but in all cases of a tie, the mayor, or presiding officer, shall have the casting vote.

Yeas and nays.

to vote only in case of a tie.

Powers of council.

17. The council so constituted shall have power within said town to improve the streets, lay off alleys or walks, and to regulate the width of the same, and to keep them in order, to purchase and lay off public grounds, and to erect, provide for, and take care of public buildings; and they shall annually make appropriations of such sums of money as

as may be needed for the proper improvement of the same; Pow. Powers of 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 or other combustibles; to provide against danger or damage from fire or contagious diseases; to provide a revenue for the town, and appropriate the same to make an annual assessment of the taxable persons and property of the town; to adopt rules for its government and the transaction of business; to appoint a treasurer and recorder, and to fill vacancies, to define the powers, to prescribe the duties, fix the term of service and com.pensation of its appointees, require and take bonds with such sureties and in such penalties as it may determine, (not inconsistent with this act,) conditioned for the full and faithful performanee of their duties, (all bonds to be payable to the town); to regulate and provide for the weighing of hay, coal and live stock sold by weight in said town; to give an additional license, and to require a tax where a previous tax has been granted by the State or county authorities only, for the sale of intoxicating drinks, or to prohibit the sale of the same in the town, and for the carrying on of any other business, and generally do such things for the prosperity, quiet and good order of the citizens of said town; to adopt and enforce all needful ordinances not contrary to the Constitution and laws of this State, and to impose fines and penalties not exceeding payment of ten dollars or imprisionment for ten days

the

under judgment and order of the Mayor, or in his absence or inability, of the person lawfully exercising his functions; the council, with the consent of the Board of Supervisors of Pleasants county entered of record, may use the jail of said county for its p

18. The annual levy ordered by the council may be Annual levy. upon the tax list made by the proper officer for taxation for State and county purposes: Provided, that the amount levied in any year shall not exceed thirty cents on each hundred dollars of the valuation of such property, for State and county purposes, and twenty-five cents on each male person over the age of twenty-one years.