Assessor and 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, 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 ceived 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. clare the re- · vote. 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 offer, 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. how filled. 12. All vacancies occurring from any cause in any of the Vacancies; 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. 13. At all elections the vote shall be by ballot. Vote by ballot. 14. Whenever two or more persons, for the same office, Tie votes; at any election, shall receive an equal number of votes, the 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. Quorum. Oath of office Failure to qualify. Vacancies in office. Presiding officer. Journal of council, Powers of council. der a new election if they are satisfied the ends of justice will be better attained thereby. 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. 17. The Mayor, Recorder, Councilmen and all officers herein provided for, shall each, before entering upon the duties of his office, and within two weeks from the time 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 minister the same to the councilmen and other officers. 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 supercede the former council of said town. ad 18. If any one who shall have been duly elected Mayor, 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 prescribed, the council, for the time being, shall declare his said office vacant, and proceed to fill such vacancy as provided in section eleven of this Act. 19. 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 present. 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 ring the m e an fj 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 ment kept in good order and free from obstructions on or over them; to regulate and determine the width of all streets, side-walks and public alleys; to order and direct the curbing and paving of all side-walks and foot-ways for public use in said city, to be done and kept in good order by the owners or occupants of the adjacent property; to contro the construction and repairs of all houses, bridges and cul, verts, 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, 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 city places for the burial of the dead, and to regulate interments 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 regulations 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 provide 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 corporation 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 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 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 council. de Powers of compensation, require and take from them bonds, with such sureties and in such penalty as the council may termine, 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 streets; 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 wor ship; 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 council. docks. 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 Legislature, 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, impose and enforce reasonable fines and penalties, including imprisonment under judgment and orders of the Mayor and Recorder of said city, or the persons lawfully exercising 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 purpose necessary in the administration of its affairs. Authority to 23. It shall be lawful for the council to establish and construct wharves and construct landings, wharves and docks on any ground which 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 preserve 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 sums which ought to be paid within one year; and it shall 25. The levy so ordered shall be upon all male persons, How made. 26. Whenever anything for which a State license is re- Licenses. quired, is to be done within said city, the council may require a city license to be had for doing the same, and may impose a tax thereon for the use of the city; and the council may in any case require from the person licensed, a bond with such sureties and in such penalty and with such conditions 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, duties 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 sergeant shall have power to exercise, within the corporate limits of said city, all the duties that a constable can legally exercise in regard to the collection of claims, executing and levying process, and he shall be entitled to the same compensation therefor, except in the case of the arrest of any person for violating any of the ordinances of the council; upon the conviction of such person he shall be entitled 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 forfeitures are now recoverable against constables. taxes. 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 imposed upon the owners thereof by the authorities of the |
