Ordinances.

tinued in

35. The ordinances in force in the town of Morgan- what orditown, on the first day of May, one thousand nine hun-nances condred and one, so far as they are not inconsistent with force. this charter, shall continue in force as ordinances of the city of Morgantown until amended or repealed by the council of said city.

(House Bill No. 292.)

CHAPTER 145.

AN ACT to amend and re-enact and to reduce into one act the several acts incorporating the Town of Mannington, in the county of Marion, defining the powers thereof and describing the limits of said. Town, and incorporating the City of Mannington in said Marion County.

[Passed February 16, 1901. In effect from passage. Approved February 20, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That the inhabitants of so much of the county City of Manof Marion as is within the bounds prescribed by nington insec- corporated. tion two of this act, and their successors, shall be and remain, and they are hereby made, a body politic and corporate by the name of "The City of Mannington," corporate and as such shall have perpetual succession and a name and common seal, and by that name may sue and be sued, plead and be impleaded, purchase, lease and hold real estate and personal property necessary to pose of said corporation.

the pur

powers.

2. The corporate limits of said city shall hereafter Corporate be as follows:

Beginning at a sugar tree on the cast bank of Buffalo creek below Burt tannery, an old corner, thence down the east side of said creek S. 51 E. 20 poles to a sycamore, S. 60 E. 28 poles to a stone, S. 75 E. 26 poles to a sycamore, N. 85 E. 32 poles to a willow, thence leaving the creek and crossing the railroad and pike, N. 5 W. 34 poles to a stone on the east side of Marion street, thence with east side of same N. 9 W.

limits.

-corporate limits, continued.

Wards.

-first.

-second.

-third.

Municipal

authorities.

24 poles to a stone, thence through lands of the Mannington development company N. 13 W. 64 poles to a post corner to lands of Dr. M. F. Hamilton and through the same N. 12 W. 37 poles to a maple on a point, thence through lands of said Hamilton, Rymer's and Erwin's N. 20 W. 66 poles to a stone in line of J. Blackshere's heirs and with their line N. 53 W. 1 poles to Knott's land and with their line N. 45 W. 243 poles to a walnut tree, thence through land of Simon's N. 8 W. 29 poles to east end of stock loading pens, thence crossing the railroad and down east side of Pyle's Fork creek S. 36 W. 32 poles to a stone, S. 10 W. 16 poles crossing the creek to a stone by the country road, thence crossing the road N. 89 W. 10 poles to a white oak tree, thence through lands of U. A. Clayton and Koen heirs N. 873 W. 41 poles to a walnut tree, thence N. 13 W. 42 poles to a stone, thence through Koen's and Furbee's lands S. 32 W. 61 poles crossing the pike to a white oak tree on the bank of Buffalo creek, thence crossing the creek S. 33 W. 20 poles to a willow, thence up the creek through the lands of M. J. Hough S. 16 W. 11 poles to a willow, thence leaving the creek S. 41 E. 16 poles to a small gum, thence S. 11 E. 31 4-10 poles to a crab apple tree, thence through lands of T. F. Koen and J. T. Koen N. 72 E. 443 poles to an ash tree by stone quarry, thence N. 61 E. 40 poles to a stone in line of town lots, thence S. 31 E. 32 poles to a linn tree an old corner, thence through lands of J. T. Koen S. 21 E. 46 poles crossing the Clarksburg pike to a stone corner to Thomas Smith's land and with same S. 53 E. 30 poles to a stone by Buffalo creek, thence crossing the creek S. 69 E. 38 poles to the beginning.

3. The territory of said city shall be divided as: follows:

First Ward: All that portion of said city lying on the north-east side of Buffalo creek and Pyles fork creek.

Second Ward: All that portion of said city included in the forks of Buffalo creek, or between Pyles fork creek and upper Buffalo creek.

Third Ward: All that portion of said city lying on the south side of Buffalo creek.

4. The municipal authorities of said city shall consist of a mayor, and six councilmen, who together

form.

shall form a common council, and who shall receive and what to such compensation as the council shall from time to -compensatime determine, and which shall not be increased nor tion. diminished during their term of office.

powers, who

5. All the corporate powers of said corporation Corporate shall be exercised by said council or under their au- to exercise. thority, except when otherwise provided.

the qualification

city,

of mayor, recorder and

6. The mayor, recorder and councilmen at time of their election shall be free holders in said and shall be entitled to vote for the members of the councilmen. common council of said city as residents and legal voters therein.

than mayor

city men.

7. There shall be a chief of police, city attorney, Officers other superintendent of streets, commissioner of water- and councilworks, city physician, assessor, three auditors, collector and treasurer, city surveyor and recorder of said city, who at the time of their election or appoint- -qualificament shall be entitled to vote for the members of its tion.

common council. The city attorney, city physician -appointive and city surveyor shall be appointed by the common offices. council, to hold their respective offices for the term

-term.

of one year from the first day in April, or until their successors shall have been appointed and qualified.

officers.

8. On the second Monday in March nineteen hun- Election of dred and one, and on said day of every succeeding year, there shall be elected by the qualified voters of said city a mayor, city collector, chief of police, three auditors and city recorder, who shall hold their respective offices for one year and until their successors -term. shall be elected and qualified.

9. On the same day two members of the council Election of shall be elected in each ward in said city who shall councilmen. reside in the ward for which they are elected, and the candidate receiving the highest number of votes shall be elected for two years, from the first day in -terms and April, succeeding his election, and the candidate re- how deterceiving the next highest number of votes shall be elected for one year from the first day in April succeeding his election. And on the same day of each succeeding year one member of the council shall be elected in each ward in the said city whose term of office shall be for two years from the first day in April

mined.

-election by ward.

-voter must reside in ward.

Who may vote, who not.

-vote for two auditors.

Elections; method of voting.

-held and determined, how.

-duties of authorities; laws governing.

Tie vote.

succeeding his election, and until his successor shall be elected and qualified. Each ward shall constitute an election precinct, and the council shall establish a voting place in each, and the election of councilmen shall be by wards. No voter shall be entitled to vote at any city election except in the ward in which he resides, and if any voter shall vote for any person for councilman who is not a resident of the ward in which he is voted for, such vote or votes shall not be counted for such person or persons.

10. Every male person residing in said city shall be entitled 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 a conviction of treason, felony or bribery in an election, or who has not been a resident of this State for one year, and of the city of Mannington for sixty days, and is a bona fide resident of the ward in which he offers to vote, and each voter shall be entitled to vote for only two auditors.

The

11. In all the elections by the people the mode of voting shall be by ballot; but the voter shall be left free to vote by open, sealed or secret ballot, as he may elect. The election in said city shall be held and conducted and the result thereof certified, returned and finally determined under the laws in force in this State, relating to general elections, on the tenth day of March, eighteen hundred and ninety-one. corporate authorities of said city shall perform the duties in relation to such election required by general law of county courts and officers on March tenth, eighteen hundred and ninety-one, and the provisions of chapter three, of the Code of West Virginia, in effect on that date concerning elections by the people, shall govern such election and be applicable thereto, and the penalties therein prescribed for offenders relating to elections shall be enforced against the offenders at such corporate elections, and said act shall have the same force and effect as if it were specially applicable to such corporate elections.

12. Whenever two or more

persons shall

receive an equal number of votes for councilman or other city officers, such tie shall be decided by the council

in being.

cided how.

13. All contested elections shall be heard and de- Contests; decided by the common council for the time being; and the contest shall be made and conducted in the same manner as provided for in contests for county and district officers; and the common council shall conduct their proceedings in such cases as nearly as practicable in conformity with the proceedings of the county court in such cases.

14. Whenever a vacancy shall occur from anv Vacancies, cause in the office of mayor. councilman, city col- how filled. lector, chief of police, superintendent of streets, commissioners of water works, city assessor or recorder, the council for the time being shall, by a vote of the majority of those present, fill the vacancy until the next election, at which time a successor to fill the unexpired term of such office shall be elected by the people, or be appointed by the council.

officers:

-council to

of all officers.

-compensa

15. The superintendent of streets, commissioner Appointive of water works, city attorney, city physician, and city officers; who. surveyor, shall be appointed by the council. The council shall also have authority to provide by ordinance for the appointment of such other officers as other such shall be necessary and proper to carry into full force when; powany authority, power, capacity, or jurisdiction which ers. is or shall be vested in the said city, or in the council, or in the mayor, or any other officer or body of officers thereof, and to grant to the officers so appointed the power necessary or proper for the purpose above mentioned. The council shall by ordinance define the duties of all officers so appointed or define duties elected as aforesaid and allow them reasonable compensation, which shall be by monthly salaries, and tion. not otherwise, except as to the collection of taxes, and which compensation shall not be increased or diminished during their term of office; and shall re-bonds, quire and take from all of them whose duty it shall and when. be to receive its funds, assets or property, or have charge of the same, such bonds, obligations or other writings as they shall deem necessary or proper to insure the faithful performance of their several duties. All officers so appointed or elected may be removed from office for malfeasance, non-feasance, or misfeasance by the council, and, unless their term of -term. office be otherwise fixed by ordinance, they shall be considered as holding their respective offices at the pleasure of the council. The chief of police shall

-removal and for what.