Sergeant; his powers, duties, compensation and liabilities. Mayor; his powers and duties. Treasurer; his duties. How proceeded against. Persons and 19. The sergeant shall collect the town taxes, fines, levies and licenses, and, after twenty days from the time of ascertaining and receiving the assessments made by order of the council, may distrain and levy therefor, in like manner as the sheriff may do for state taxes, and shall, in all respects, have the same power to enforce the payment and collection thereof, and shall, within the limits of the town, exercise all the duties that a constable can lawfully exercise in regard to the collection of claims, and executing and levying process, entitled to the same compensation therefor, and liable to all the fines, penalties and forfeitures, together with his sureties, that a constable is legally liable to, to be recovered in the same manner and before the same tribunals, that the same are now recovered. against constables. 20. The mayor shall be the chief executive officer of the town, shall take care that the by-laws and ordinances of the council are faithfully executed. He shall be exofficio a conservator and justice of the peace within the corporation, and, as such, shall exercise the powers and duties therein in matters pertaining to the corporation, but shall have no jurisdiction whatever in civil cases; but for offenses committed against the corporate laws, he shall have power to impose reasonable fines, penalties and costs, and in default of such payment he may commit to the jail of Pleasants county until the fine and costs be paid: Provided, the term of imprisonment shall not exceed ten days, nor shall any fine be imposed exceeding ten dollars. 21. The treasurer shall have charge of all money belonging to said town, and shall pay the same out on the order the mayor countersigned by the recorder, and not otherwise, and for any default or liability on the part of the sergeant or treasurer, the council in the corporate name of said town, may on motion, after ten days' notice, obtain judgment before the circuit court of Pleasants county on account therefor, against them and their sureties respectively, or any or either of them, or their heirs or legal representatives. 22. The said town, and persons, and property therein property exempt shall be exempt from all tax, expense or liability for the outside corpo- construction or repair of roads or bridges, or poor tax, from all taxss rate limits. outside of its corporate limits: Provided, however, that Proviso. cil take office. 23. When four of the newly elected members shall have When new counbeen duly qualified they shall enter upon the duties of their said offices and supersede the former council. 24. Anything for which a state license is required to be Licenses. done in said town, the council may require a town license to be had for doing the same, and may impose a tax thereon for the use of the town, and the council may in any case, require from the person so licensed a bond with securities, in such penalties and with such conditions as it may determine. The council may also prohibit any theat- shows. rical or other performance, show, or other exhibition it may deem injurious to the morals or good order of the town. Prohibition of of superinten 25. The superintendent oi roads, streets and alleys shall Compensation receive a compensation for his services, fixed by the coun- dent of streets. cil, which shall not be increased or diminished for the term for which he was elected. taken for upon payment 26. No new street, alley or foot path (not heretofore Lands not to be provided by survey,) shall be laid off on or opened streets except through any lands within the corporate limits of the said of damages. town, unless the owners of said lands be first duly compensated by assessment, and payment of proper damages. be void on failure to carry out charter. 27. Whenever the mayor and trustees of said town shall Corporatior. to fail in any one year to cause to be levied a tax upon the property, both real and personal, of said town, for the purpose of keeping in repair the streets and alleys thereof, and provide for its poor, or shall fail in any other way to carry out the provisions of this act, then this act shall be null and void, and the property of the citizens of said town shall be liable to be assessed with county taxes for all purposes as well as road and poor tax. 28. This act shall at all times be subject to modification Act amendable. or repeal at the pleasure of the Legislature. Town incorporated. Corporate limits CHAPTER LXVI. An Act to incorporate the town of Beckley, in the county of Raleigh. Passed Feb. 20, 1872. Be it enacted by the Legislature of West Virginia: 1. That the place known as "Beckley" in the county of Raleigh, be and the same is' hereby made a town corporate and a body politic by the name of "The town of Beckley," and shall in all respects be subject to the provisions of chapter forty-seven of the code, entitled "of townships and villages." 2. The corporate limits of said town shall be as follows: Beginning at a white oak stump, corner of E. Prince's survey of one hundred and twenty-nine and a half acres, and with his line north twenty-four degrees, west eighty poles to Manser's northeast corner, with his line north sixty-six degrees, west twenty-nine poles to his northwest corner, thence with E. Prince's one hundred and twenty-nine and a half acre survey north eighty-seven degrees, west twenty poles to a point on the turnpike opposite a chestnut tree, beginning corner of the town plat for E. Prince's five acre home lot, and with his line south eighty-eight east, thirty-seven and a half poles to a dead chestnut tree, the said E. Prince's corner, and with his line south twentyfour degrees, east twelve poles to George H. Prince's corner of two and a half acres, corner on a fallen white oak tree, and with the same, south sixty-six degrees, west twenty-eight poles to the beginning corner, a dog-wood tree, on John B. Beckley's line on brickyard road, then crossing the road with the same course of Joseph Hanna's line twenty-five poles to his corner, a stake, and with his line south two degrees and seventy-five poles to the Logan turnpike, and with the same south about fifty-seven degrees, west to corner of Judge Gillaspie's home inclosure, and with said inclosure around to big branch and to Beckley's corner, and thence with William Prince's line, formerly Haymaker's line, north sixty-six east, one hundred and fifty-five poles to the beginning. CHAPTER LXVII. An Act to authorize the city of Wheeling to subscribe to the capital stock of the Wheeling and Tuscarawas Valley Railroad Company. Passed February 20, 1872. Be it enacted by the Legislature of West Virginia : subscribe to 1. That the council of the city of Wheeling, in Ohio Authority to county, is authorized and empowered to subscribe in the capital stock. name and on behalf of the said city, to the capital stock of the Wheeling and Tuscarawas Valley Railroad company, a corporation incorporated under the laws of the State of Ohio, having its eastern terminus at the city of Wheeling, to an amount not exceeding three hundred Amount. thousand dollars, on such terms as they may deem advisable, and may pay such subscription by issuing the bonds of May issue bonds said city, or otherwise, and may provide by taxation, or their payment. otherwise, for the redemption of such bonds and payment of interest on the same. and provide for scription to be vote. 2. Before making such subscription, the council of said Question of subcity, shall cause a vote to be taken upon the question at submitted to a the several places of voting in the said city, at any gencral, or special election ordered by them for that purpose, notice of which must be published in each newspaper pub- Notice. lished in said city for fifteen days at least, before the poll is taken, at which election all persons having the right to Who may vote. vote for mayor of said city shall be entitled to vote. The Result; how aspoll shall thereupon be taken and the result ascertained certained. under the regulations prescribed for city elections. On What the ballots the ballot used at the said polls there shall be written must show. or printed thereon the words "For subscription," or "Against subscription." If it appear by the said poll, Three-fifths vote that not less than three-fifths of the voters of the city, thorize subwho voted upon the question of the proposed subscription, are in favor of the same, the subscription may then be made to the amount proposed or any less amount. required to au scription. where vested. 3. The right to the stock subscribed for, in pursuance of Captal stock; the preceding sections, or any special act of the legislature hereafter passed, shall be vested in the said city of Wheeling, and the council thereof shall have authority from How represented. time to time to appoint a proxy to represent the said stock in the meetings and elections to be held by the stockDividends; how holders of the company. The dividends on such stock shall be collected, as the city council may order, and paid into the city treasury. collected, and where paid. Before subscrip tion company to 4. Before such subscription, authorized by this act shall give guarantee. be made, said railroad company shall give a guarantee to the council of said city, that it will construct its road into said city and make its eastern terminus, and have its depot grounds and buildings thereon, within the corporate limits of said city, east of the east channel of the Ohio river. Council authorized to grant right of way. 5. The council of said city of Wheeling is authorized to grant to said railroad company the use of any of the streets and alleys or public grounds within said city for the track upon such terms and restrictions as it may prescribe. Act of 1870, made to apply CHAPTER LXVIII. An Act to authorize the extension of the Shenandoah Valley Railroad through the counties of Monroe, Summers, Mercer and McDowell, and to provide for such extension, by empowering the boards of supervisors of said counties, to submit the question of a subscription to the capital stock of and for the condemnation of land for right of way for the Shenandoah Valley Railroad Company, by the said counties, or either of them, to the legal voters thereof; and also, to authorize any township, in either of said counties, or any municipal corporation within the same, to subscribe to said capital stock forthe same purpose, and to confer additional privileges upon said company, to facilitate such extension. Passed February 20, 1872. Be it enacted by the Legislature of West Virginia : 1. That the provisions of chapter thirty-nine, of the to the counties acts of 1870, authorizing the Shenandoah Valley Railroad company to construet their road through the State of West of Monroe, |