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10. As soon as the result of such election for Mayor, Re- Certificates corder, Sergeant, Treasurer, Assessor and Overseer of the of election of

the Mayor, Poor is ascertained, the inspectors of election shall sign a Recorder, certificate containing complete returns of the polls taken Sergeant, at their place of voting, for each of the said offices, and Treasurer,

Assessor and shall enclose the ballots in an envelope, which shall be seal- Overseer of ed up and endorsed by each of such inspectors. The in-the Poor. spectors, or one of them shall, within three days after the day on which the election was held, deliver the said certificates and the ballots sealed up as hereinbefore provided, to the Recorder of the city of Charleston; at the next meeting of the council thereafter, the Recorder shall present such certificates and ballots to the council, who shall examine the same and ascertain the true result of such election in said city. And the persons appearing to have re- Council to de

clare the received the highest number of all the votes cast at the several sult. voting places in-said city, for the several offices mentioned in this section, shall be declared elected, and a certificate thereof signed by the Mayor and Recorder shall be granted to the persons so elected.

11. Every male person residing in said city shall be en-Who may titled to vote for all officers elected under this act; but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason, felony or bribery in an election, or who has not been a resident of the State for one year, and of the city of Charleston for thirty days, and of the ward in which he offers to vote for five days next preceding such ofter, or who has not been assessed with corporation taxes in the last preceding year, or who has not paid the same shall be permitted to vote at any election under this act while such disability continues. Provided that if any person's right to vote be challenged on account of any constitutional disability not herein mentioned, such person shall not be denied the right to vote, unless and until record evidence of such disability be produced. 12. All vacancies occurring from any cause in any of the Vacancies;

how filled. offices provided for in this act; shall be filled by appointment by the council; but in case of a councilman, such appointment shall be made only of a resident of the ward in which such vacancy has occurred.

Vote by bal. 13. At all elections the vote shall be by ballot.

lot. 14. Whenever two or more persons, for the same office, Tie yotes ; at any election, shall receive an equal number of votes, thé how decided, council shall, in an equitable mode, determine which of the persons so voted for shall be returned elected.

15. All contested elections shall be heard and decided Contested. by the council for the time being, but the council may or- elections.

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der a new election if they are satisfied the ends of justice

will be better attained thereby. Quorum. 16. A majority of the whole number of officers mentioned

in the second section of this Act, shall be necessary to the

transaction of any business whatever.
Oath of office 17. The Mayor, Recorder, Councilmen and all offi-

cers herein provided for, shall each, before entering upon
the duties of his office, ard within two weeks from the time EUSE
of his election or appointment, take and subscribe an oath
to faithfully and impartially discharge the duties of his
office, and the oath to support the Constitution of the United
States and the Constitution of the State of West Virginia.
The Mayor having taken such oath or affirmation, may ad-
minister the same to the councilmen and other officers.

T. M.
Certificates of said oaths or affirmations shall be recorded in
the journal kept by the council, and whenever two thirds
of the members of the common council shall have qualified
they shall enter upon their said offices, and shall super-

cede the former council of said town. Failure to

18. If any one who shall have been duly elected Mayor, qualify.

Recorder or Councilman, , shall not have been eligible, as
herein prescribed, or shall refuse or fail to take the oath
or affirmation required under this Act within the time pre-
scribed, the council, for the time being, shall declare his said

office vacant, and proceed to fill such vacancy as provided Vacancies in

in section eleven of this Act. ofilce.

19. The council shall be presided over at its meetings Presiding of

by the Mayor, or in his absence by one of the councilmen
chosen by a majority of the council present.

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20. 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 fully indexed and open to the inspection of the citizens of the city. The proceedings of each meeting shall be read and corrected at the succeeding meeting and signed by the person presiding for the time being. Upon the call of any member the yeas

and nays shall be called and recorded in the journal. The presiding officer may vote as a member of the council, and in all cases of a tie the person presiding at the time shall have the casting vote.

21. The council shall have power to re-survey said town, and for this purpose may employ a competent engineer, (which officer may be made elective by order of the council,) and prescribe his duties, term of office and amount of compensation; to open new streets, and extend, straighten, widen and repair old streets and alleys; to curb and pave

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ende ofix streets, side-walks and gutters for public use, and to alter, Powers of

improve and light the same; and shall have control of all council.

the avenues for public use in said city, to have the same ficers mening kept in good order and free from obstructions on or over e Cessat them; to regulate and determine the width of all streets,

side-walks and public alleys; to order and direct the curb

ing and paving of all side-walks and foot-ways for public and ili use in said city, to be done and kept in good order by the entering i owners or occupants of the adjacent property ; to control from the the construction and repairs of all houses, bridges and cul

verts, the opening and construction of all ditches, drains e duties as and gutters, to widen, deepen and clear the same of stagof the list nant water and filth, and to determine .at whose expense

the same shall be done ; to purchase, lay off and approprition, mai ate public grounds, and control the use of the same; to pro

vide, 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 shall sza

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 city
places for the burial of the dead, and to regulate inter-
ments in the city, and provide for shade and ornamental
trees; to provide for the making of division fences, and for
the draining of lots by proper drains and ditches; to make reg-
ulations for guarding against danger or damages from fires;
to provide for the poor of the city ; to organize one or more
fire companies, and provide the necessary apparatus, tools,
implements, engines, or any of them, for their use; to pro-
vide a sufficient revenue for the said city, 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
such corporation for less than eighty cents on each one
hundred cents thereof, nor shall any such bonds be issued
without providing during the year of such issue a sinking
fund sufficient to discharge and pay off the same, principal
and interest, within thirty years ; nor shall said corpora-
tion be indebted on account of such issue at any period in
a greater sum than one hundred thousand dollars, without
the consent of a majority of the voters of the city, expressed
at an election held for that purpose ; to provide for the an-
nual 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 pro-
mote the general welfare of the city, and to protect the
persons and property of the citizens therein; to appoint
such officers as they may .deem proper; to define their
powers, prescribe their duties, fix their term of service and


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Powers of compensation, require and take from them bonds, with council.

such sureties and in such penalty 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 city by its corporate name ;) to regulate and provide for the weighing of hay, coal, wood and other articles sold or for sale in said city, and to regulate the transportation thereof through the reets; to establish and regulate markets, to prescribe the time for holding the same, and what articles shall be sold only in said markets; to protect places of divine worship; to lay off the city into three or more wards, and to appoint and publish the places of holding city elections; to erect, or authorize, or prohibit the erection of gas works or water works in or near the town, to prevent injury to and provide for the protection of the same; to provide for the purity of the water and healthfulness of the city,—for all of which purposes, except that of taxation, the council shall have jurisdiction for one mile beyond the corporate limits

of said city.
Powers of 22. To carry into effect these enumerated powers and all

others conferred upon the said city or its council, expressly
or by implication in this or any other acts of the Legisla-
ture, the council shall have power to adopt and enforce all
needful orders, by-laws and ordinances not contrary to the
Constitution and laws of the State, and to prescribe, im-
pose and enforce reasonable fines and penalties, including
imprisonment under judgment and orders of the Mayor
and Recorder of said city, or the persons lawfully exercis-
ing their functions; and the council, with the consent of the
Supervisors of Kanawha county, entered of record, may
have the right to use the jail of said county, for any pur-

pose necessary in the administration of its affairs. Authority to 23. It shall be lawful for the council to establish and Wharres and construct landings, wharves and docks on any ground which docks. does or shall belong to said city, and to repair, alter or

remove any building, wharf or dock which has been or
shall be so constructed, and to lay and collect a reasonable
duty on vessels coming to or using the same; and it shall
have power to pass and enforce such ordinance as shall be
proper to keep the same in good order and repair, to pre-
serve peace and good order at the same, and regulate the
manner in which they shall be used; it shall have

power to
appoint as many wharf-masters for said town as may ap;
pear necessary, to prescribe their duties, fix their fees and
make all regulations in respect to such officers as they may

deem proper: Annual levy. 24. The council shall cause to be annually made up and

entered upon its journal an account and estimate of all

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en bonds sums which ought to be paid within one year; and it shall order a city levy of so much as in its opinion is the amount

be raised from licenses and other sources. all bonde N city byies

25. The levy so ordered shall be upon all male persons, How made,

residents of said city, over the age of eighteen years, dogs Eor sale 1:

and all real and personal estate within said town subject to of through

to State and county taxes. s, to prez ticles shall 26. Whenever anything for which a State license is re- Licenses. -f diviner

quired, is to be done within said city, the council may redah

quire a city license to be had for doing the same, and may election :

impose a tax thereon for the use of the city; and the coun

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in any case require from the person licensed, a bond with such sureties and in such penalty and with such conide fra

ditions as it may deem proper, and may revoke such license
at any time if the conditions of said bond be broken. And
no license to sell strong or spirituous liquors, or wine, or
beer, ale, porter, or drinks of like nature within said city,
or within one mile of the corporate limits thereof, shall be
granted by the supervisors of Kanawha county, unless the
person applying therefor shall produce to said supervisors
the certificate of the council of said city of its consent to
the granting of such license.

27. The Sergeant shall have the power to collect the city Sergeant; his taxes, fines and levies, and shall have the power, one month powers, du

ties and liaafter he shall have received the books of the assessor of bilities. said city, to distrain and sell therefor, in like manner as the sheriff may distrain and sell for State taxes, and shall in other respects have the same powers as a sheriff to en-. force the payment and collection thereof; and the said ser

geant shall have power to exercise, within the corporate 17

limits of said city, all the duties that a constable can le-
gally exercise in regard to the collection of claims, execu-
ting and levying process, and he shall be entitled to the
same compensation therefor, except in the case of the ar-
rest of any person for violating any of the ordinances of the
council; upon the conviction of such person he shall be en-
titled to one dollar for such arrest, to be taxed in the costs
against the person so convicted. And he and his securities
shall be liable to all fines, penalties and forfeitures that a
constable is legally liable to, for any failure or dereliction
in his said office, to be recovered in the same manner and
before the same courts that said fines, penalties and for-
feitures are now recoverable against constables.

28. There shall be a lien upon real estate within said Lean on real corporation for the city taxes assessed thereon, from the estate for

commencement of the year in which they are assessed, and
for all other assessments, fines and penalties assessed or im-
posed upon the owners thereof by the authorities of the


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