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city, from the time the same are so assessed or imposed, How enforc- which lien shall be enforced by the council in the same
manner as the lien for taxes for county purposes is now
other liens, except that for taxes due the State. Prohibition 29. The council may prohibit any theatrical or other perof Shows.
formance, show or exhibition, which it may deem injurious
to the morals or good order of the city. Bonds of 30. The council shall have power to require and take Sergeant
from the Sergeant and Treasurer bonds, with sureties satand Treas
isfactory to the council, in such penalty as it may deem sufficient, except that as to the Sergeant it shall not be for a penalty less than five thousand dollars; and said bond shall be conditioned for the true and faithful performance of his duties as sergeant, and for the collecting and accounting for and payment of the taxes, fines and other monies of the city which shall come into his hands, or which it shall be his duty to collect, at such times and to such persons as the council may order. The Treasurer's bond shall be conditioned for the true and faithful performance of his duties as treasurer, and that he will faithfully pay over and account for all monies that shall come into his hands as treasurer, when and as he shall be thereto required by the council.
31. The Mayor shall be the chief executive officer of the powers du- city, and shall take care that all by-laws, ordinances and ties and com
orders of the council are faithfully executed. He shall pensation.
be ex-officio a conservator and justice of the peace within said city, and shall, within the same, exercise all the powers and duties vested in justices, except that he shall have no jurisdiction as such in civil cases. He shall have control of the police of the city, and may appoint special police officers whenever he deems it necessary; and it shall be his duty especially to see that the peace and good order of said town are preserved, and that the persons and property therein are protected; and to this end he may cause the arrest and detention of all rioters and disorderly persons in said city before issuing his warrant therefor. He shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such payment he may commit the party in default to the jail of Kanawha county until the fine or penalty and costs shall be paid, to be employed during the term of his imprisonment, as hereinafter provided, but the term of imprisonment in such case shall not exceed thirty days. He shall, from time to time, recommend to the council such measures as he may deem needful to the welfare of the city. He shall receive a compensation for his services, to be fixed by the council, which
'shall not be increased nor diminished during the term for
purposes it oriority ore tate.
-32. The duty of the Recorder shall be to keep the journal Recorder; his of the proceedings of the council, and have charge of and duties and
compensapreserve the records of the city. He shall attend the mayor tion. in all examinations, receive and issue his orders, swear witnesses and perform all the duties of a clerk in the council and mayor's court. In the absence of the mayor he shall have all the authority of that officer, and shall exercise the functions of the office of mayor. He shall receive a compensation for his services, to be fixed by the council, which shall not be increased nor diminished during the term for which he shall have been elected.
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33. It shall be the duty of the city Sergeant to collect Sergeant; the taxes, fines and other income and revenue of the city,
liabilities specified in his bond, and to account for and pay the same and compento the treasurer at such time as the council may order. sation. And it shall be his duty, at least once in every six months, during his continuance in office, and oftener if thereto required by the council, to render an account of the taxes, fines and other claims in his hands for collection, and return a list of such as he shall have been unable to collect by reason of insolvency, to which list he shall make oath, that he has used due diligence to collect the same, but has been unable to do so. The council shall, if it be satisfied he could not have collected the same by use of due diligence, allow them. But if the council shall be of opinion that by use of due diligence on the part of said sergeant he could have collected the same, or any part thereof, then he shall be charged with such as he might have collected. The said sergeant shall do and perform all other acts pertaining to the office of sergeant of a corporation, and of a police officer and constable within said city, and as such shall have the same powers, duties, fees and liabilities as are by law prescribed to a constable. IIe shall for his services receive such compensation as shall be fixed by the council.
34. All monies belonging to said city shall be paid over Treasurer. to the treasurer, none of which shall be paid out by him except as the same shall have been apportioned and ordered to be paid by the council ; and the said treasurer shall pay the same upon the certificate of the recorder, or, in his absence, upon the certificate of the mayor.
35. If the said treasurer shall fail to account for and pay Motion over all or any monies that shall come into his hands, when against
Treasurer. thereto required by the council; it shall be lawful for the council, in the corporate name of the city, by motion before thé Circuit Court of Kanawha county, after ten days previous notice, to recover from the treasurer and his sure
ties, or their personal representatives, any sum that may be
due from said treasurer to said city. Motion 36. If the sergeant shall fail to collect, account for and against Ser
рау over all the taxes, fines and other revenue of the town geant.
in his hands for coļlection, according to the conditions of
or their executors or administrators.
therein, shall be exempt from all expenses or liability for and poor tax,
the construction or repairs of roads or bridges, or other
pense, provide for its own poor and keep its streets in order. Rights re- 38. All rights, privileges and properties of the said city, served.
heretofore acquired and possessed, owned and enjoyed by
elected, as provided under this act. Daties of
39. The council shall adopt all needful and just ward Council.
regulations, whether general or special, for the good of the
safe keeping of persons who may be committed for default
against him are discharged; and the recorder shall keep
41. This Act shall, at all times, be subject to modifica-Act amendtion or repeal, at the pleasure of the Legislature.
account enue of the
CHAPTER 63.-AN ACT for the relief of the securities of
Passed February 17. 1871.
And whereas, some of the suréties of said Roach are also
That the Auditor be directed to ascertain the exact in- Auditor to debtedness of the said William Roach, as such sheriff, to
debtedness this State, and the proportion thereof which should be paid of William by each of his sureties, to be ascertained by dividing the Roach, late sum of such indebtedness by the whole number of such sheriff of sureties. Upon such proportion of said indebtedness being county, etc. $0 ascertained, any one or more of such sureties may pay into the treasury of this State his proportion of said indebtedness, and thereupon he shall be released from all further liability to this State, growing out of the said indebtedness.
CHAPTER 64.-AN ACT authorizing the county of Kanawha
Passed February 17, 1871.
That the county of Kanawha, through the properly con- Authority to
CHAPTER 65.-AN ACT to amend Section ten of Chapter
Passed February 17, 1871,
That so much of section ten of chapter one hundred and Part of chap
of the State school fund from the State Auditor on the
is qualified. Graded
4. Said commissioners shall take the necessary steps, for school.
the establishment of a graded school in said district, which
six months in each year thereafter.
now inflicted by law, for the offense upon similar officers.
CHAPTER 69.-AN ACT extending the time of Joseph
Passed February 2, 1871.
That the time in which Joseph Sprigg is required to
Time to qualify.
Sale under deed of trust
CHAPTER 70.-AN ACT relating to sales made under
deeds of trust, or mortgages, by railroads, or other in-
Passed February 18, 1871.
1. If a sale be made under a deed of trust, or mortgage,
executed by a railroad or other internal improvement comproperty own- pany in this State, on all its works and property, and there ed by railroad be a conveyance pursuant thereto, such sale and convey
ance shall pass to the purchaser at the sale, not only the
company at time osale.
for for 181