(House Bill No. 179.)

CHAPTER 146.

AN ACT to amend and re-enact section twenty-eight of Chapter four of the Acts of the Legislature of one thousand eight hundred and ninety-nine, being an Act to amend and re-enact and to reduce into one Act the several Acts incorporating the Town of Sistersville, in the county of Tyler; defining the powers thereof, and describing the limits of said town and incorporating the City of Sistersville in said Tyler county.

[Passed February 8, 1901. In effect from passage. Approved February

18, 1901.]

Be it enacted by the Legislature of West Virginia:

That section twenty-eight of chapter four of the Act acts of the legislature of one thousand eight hundred amended. and ninety-nine be amended and re-enacted

read as follows:

so as to

or

of, as to.

-streets, al

-markets.

28. The council of said city shall have power to Council; genlay off, vacate, close, open, alter, grade, and keep in eral powers good repair the roads, streets, alleys, pavements, crosswalks, sidewalks, drains and gutters therein, for the leys, etc. use of the citizens or of the public, and to improve and light the same, and to keep them free from obstructions of every kind; to regulate the width of the pave--pavements, ments, sidewalks, on the streets and alleys and to etc. der the pavements, sidewalks, footways, drains, and gutters to be kept in good order, free and clean, by the owner or occupants of the real property next adjacent thereto; to establish and regulate markets, prescribe the time of holding the same, provide suitable and convenient buildings therefor, and prevent the forestalling of such markets; to prevent injury or noyance to the public, or to individuals from anything dangerous, offensive or unwholesome; to prohibit and regulate slaughter houses, tan houses and soap fac-slaughtertories within the city limits; or the exercise of any unhealthy or offensive business, trade or employment; to abate all nuisances within the city limits, or to re- nuisances. quire and compel the abatement or removal thereof, or at the expense of the persons causing the same, or by or at the expense of the owner or occupant of the ground on which they are placed or found; to cause to

an

houses, etc.

-horses, cattle, fowls, etc.

-places of divine wor

ship.

-gun powder, etc.

-building houses, etc.

-fire.

-assaults.

-loitering,

etc.

-lewdness,

etc.

or sub

pro

be filled up, raised or drained, by or at the expense of the owner, any city lot or tract of land covered ject to be covered by stagnant water; to prevent horses, hogs, cattle, sheep or other animals, and fowls of all kinds from going or being at large in such city, and as one means of prevention, to provide for impounding and confining such animals and fowls, and upon failure to reclaim, for the sale thereof; to tect places of divine worship, and to preserve order in and about the premises where and when such worship is held to regulate the keeping of gun-powder and other inflammable or dangerous substances; to provide for the regular building of houses or other structures, and for the making and maintaining of division fences by the owners of adjoining premises, and for the proper draining of city lots or other parcels of land by or at the expense of the owner or occupant thereof; to provide against danger or damage by fire; to punish for assaults and batteries; to prohibit the keeping of or loitering in or visiting houses of ill fame, or loitering in saloons, or upon the streets; to prevent lewd or lascivious conduct, the sale or exhibition of indecent pictures or other representations; the desecration of the Sabbath day, profane swearing, the illegal sale of all intoxicating liquors, mixtures and preparations, beer, ale, wine or drinks of a fike nature; to protect the persons of those residing or being within said city; to appoint when necessary or advisable a police force, permanent or temporary, to assist the chief of police in the discharge of his duties: to build or purchase or lease and to use as a suitable place of imprisonment, within or near said city, for the safe keeping or punishment of persons charged with or convicted with the violation of ordinances; to erect or authorize or prohibit the erection of gas or water works. water works within the city limits: to prevent injury of such works, or the pollution of any gas or water used or intended to be used by the public or by individuals; to provide for and regulate the weighing or measuring of hay, coal, lumber or other articles sold or kept, or offered for sale within said city, and to establish rates and charges for said weighing or measuring; to regulate the running and speed of engines and cars within said city; to create by ordi-committees nance such committees and boards and delegate such authority thereto as may be deemed necessary or advisable to provide for the annual assessment of the taxable property therein, including dogs kept in said.

-sabbath day; etc. -illegal sales.

-persons. -police.

-prison.

-gas or

-hay, coal,

etc.

-engines and cars.

and boards.

-annual

assessment.

be

-appropria

city and to regulate their running at large, and to provide a revenue for the city for municipal purposes, and to appropriate such revenue to its expenses, and generally to take such measures as may deemed necessary or advisable to protect the prop- tion of reveerty, public and private, within the city; to preserve and maintain peace, quiet and good order therein," and to preserve and promote the health, safety and-good comfort and well being of the inhabitants thereof.

may

nues.

order, etc.

-ordinances

and labor.

The council shall have authority to pass all ordinances (not repugnant to the constitution and laws of the United States and of this state), which shall and for what be necessary or proper to carry into full effect and purposes. power the authority, capacity and jurisdiction which is or shall be granted or vested in said city, or in the council, or in any officer or body of officers of said city, and to enforce any and all ordinances by reasonable fines and penalties, and by imprisoning the of fender or offenders, and upon failure to pay any fine-offenders; or penalty imposed by compelling them to labor imprisonment without compensation on any of the public work or improvements, undertaken or to be undertaken by said city, or to labor at any work which the said city lawfully employ labor upon, at such a rate per diem as the council may fix, but not at a less rate than is fixed by said city council for like labor from other employes of said city, until any fine or fines imposed upon any such offender or offenders, by said city, shall have been fully paid and discharged, after deducting charges of support while in the custody of the officers of said city; and all ordinances relating to licenses and sale of spirituous liquors, malt liquors or wines, and the keeping of or dwelling or loitering -licenses, in houses of ill fame; and such police regulations as may be ordained for said city, and the right and-power depower to enforce the same, shall extend one mile, in yond corpothe State of West Virginia, beyond the corporate limits of the city: provided, however, that no fine shall be imposed exceeding one hundred dollars and that -maximum no person shall be imprisoned or compelled to labor, fine, imprisas aforesaid, more than thirty days for any one offence. And in all cases where a fine is imposed for an amount exceeding ten dollars, or a person be imprisoned or compelled to labor, as aforesaid, for a

etc.

rate limits.

onment, etc.

-appeal.

-recovery.

etc.

-change of corporate limits.

term greater than ten days, an appeal may be taken from such decision, upon the same terms and condition that appeals are taken from the judgment of a justice of this State. Such fines and penalties shall etc., of fines be imposed and recovered, and such imprisonment inflicted by and under the judgment of the mayor the city, or in the case of his absence or inability to act, by the clerk of said city, or if he be unable to act, then a member of the council, to be appointed by the council for that purpose. The said city council shall have full power and authority to change and enlarge the corporate limits of said city in manner and form and under the provisions provided by chapter forty-seven, sections forty-eight and forty-nine of the code of West Virginia, edition of one thousand eight hundred and ninety-nine. In addition to the powers above enumerated, the said city council shall have water works, power to improve, amplify and expand the water works of said city, and to contract for an adequate supply of pure, healthful water for said city, and do all things necessary to adequately supply said city with pure, wholesome water; and provide, contract for and construct an adequate sewerage system for said city.

-additionar

powers of council as to

etc.

-as to sewerage.

licenses.

-has sole power.

Whenever anything for which a state license is re1 granting of quired, is to be done within the limits of said city, the council may decide whether such license may be granted, or not, and if granted it shall be assessed and collected the same as if granted by the county court of Tyler county; such license shall be issued in the manner and form provided by sections ten and eleven of chapter thirty-two of the code of West Virginia. And sole and exclusive power is vested in the said city council to grant or refuse state licenses within the limits of said city. When any such license, as is hereinbefore mentioned, is granted by said city council, said city council may impose a tax thereon for the use of the city in conformity with the state law and shall also require of the licensee bond payable to said city in its corporate name, with good security; such bond to be approved by said council, and to be in the same penalty as required by the state law. And said city council may revoke such license. And suits may be prosecuted and maintained on such bond, as prescribed in section twenty-two, chapter thirty-two of the code of West Virginia, by

-tax on license.

-Bond of licensee.

-may revoke license.

-suit on bond;

the same person, in the same manner, and to the same extent, as upon the bonds mentioned in said section, and all the provisions of said section. in relation to the bonds therein mentioned shall be applicable to the bonds required by this section.

licenses;

No license to sell brandy, whisky, rum, gin, porter, liquor ale, beer or any other spirituous, vinous, or malt special proliquor or drink of like nature, shall be granted with- vision as to. out the affirmative vote of at least a majority of the councilmen elected in said city, entered of record in each case. No such license shall be granted. until after the first election of councilmen under this act.

(Senate Bill No. 135.)

CHAPTER 147.

AN ACT to amend and re-enact and to reduce into one act the several acts incorporating the town of St. Marys, in the County of Pleasants, and State of West Virginia, defining the powers thereof, and describing the limits of said town and incorporating the City of St. Marys in said Pleasants County.

[Passed February 15, 1901. In effect from passage. Approved February

18, 1901.]

Be it enacted by the Legislature of West Virginia:

anew,

-new name.

1. That the inhabitants of so much of the county st. Marys of Pleasants as is within the bounds described by see- incorporated 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 St. Marys," and as such shall have perpetual succession and a 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 the purpose of said corporation.

New bound

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

Beginning at the mouth of a slough on the bank of the Ohio river, thence up said slough and binding thereon north seventy-seven east eight poles, north thirty and one-half east ninety-six poles to a post in

corporate limits.