aated.

powers.

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.

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.

Certificate of

9. All male persons residing in said town who shall have who may vote 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.

Vote by ballot.

Tie votes; how decided.

Contested elec

tions.

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

Powers of

as may be needed for the proper improvement of the same; council. 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 compensation 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 the payment of ten dollars or imprisionment for ten days 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 purposes.

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.

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

from all taxss

outside corpo- construction or repair of roads or bridges, or poor tax,

rate limits.

outside of its corporate limits: Provided, however, that Proviso. the said town shall keep its streets and alleys in good

order, and provide for its poor.

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 fail

ure to carry out

charter..

27. Whenever the mayor and trustees of said town shall Corporation, 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 purposes as well as road and poor tax.

all

28. This act shall at all times be subject to modification Act amendable. or repeal at the pleasure of the Legislature.