a open for how paid out. -annual taxes. such other moneys of the city as he is authorized by this chapter to receive, and all moneys ordered paid him by the council, giving receipts therefor to the parties paying, and shall keep an accurate account of the same, and his books shall at all times be open for inspection to any taxpayer of the city, and he shall books to be produce said books to said council for inspection at at all times any meeting thereof, upon the order of the council. inspection. He shall pay out the moneys in his hands upon the -moneys; orders of the council, signed by the mayor and the recorder. He shall, on or before the fifteenth day of April of each year, present to the council a full, complete and detailed statement of all moneys with which he is chargeable, or that have been received by him up statement to to the first day of April of that year, and shall at the whom made. same time, in like manner, furnish a statement of all disbursements made by him during such previous. year, with vouchers evidencing the same. He shall-license upon the order of the council at any time, submit statement of the amount with which he is chargeable, and his collections and disbursements. He shall receive all taxes upon licenses, and receipt to the party paying the same by the endorsement upon the permit granted by order of the council or excise board, which permit shall be furnished him by the recorder, and charge himself with the amount SO ceived, and report to the council at its next regular meeting thereafter the amounts so received by him. He shall upon all moneys coming into his hands as such sergeant, and duly paid out or turned over by -compensahim upon order of the council, receive as compensation therefor, a sum to be fixed by the council, not exceeding five per cent. on the amounts collected. He shall upon the expiration of his term of office turn over to the council all moneys, books and other property in his possession belonging to said city; and shall, before entering upon the duties of his office, execute -bond rea bond with good security payable to the city of St. quired; Marys in the penalty of not less than five thousand conditions. dollars, conditioned for the faithful performance of the duties of his office, and for the accounting for and paying as required by law, all money which may come into his hands by virtue of his office. He shall be with what chargeable with all the city taxes, levies and assessments and money of the city that may come into his hands, and shall account therefor. re tion. penalty and charged. obtained. Licenses, how 36. The council shall, in conformity to this act, prescribe by ordinance the manner in which licenses of all kinds shall be applied for and granted, and it shall require the payment of the tax thereon before delivery to the person applying therefor. Provisions of 37. The provisions of the twenty-ninth and law applica- thirtieth sections of chapter thirty-two, of the code. ble to licenses. of West Virginia, relating to state licenses, -expiration of dog license, etc. May condemn land for streets, etc. Acts, inconsistent, re pealed; but previous act, not inconsistent, etc. shall be deemed applicable to licenses of a similar character to those therein mentioned, when granted by or under the authority of the said city. Licenses for the keeping of dogs shall expire on the thirtieth day of April next after they are granted, and all other city licenses may be for such time as the council may determine. 38. The council shall have the right to institute proceedings in the name of the city, for the condemnation of real estate for streets, alleys, drains, market grounds, city prison or other work or purposes of publie utility. Such proceedings shall conform to the provisions of chapter forty-two of the code of West Virginia, and the expenses thereof shall be borne by the city. 39. or All acts, or parts of acts, inconsistent with this act, are hereby repealed; but this act shall not be connot to repeal strued to repeal, change or modify any previous act or change any not inconsistent with this act, authorizing the town of St. Marys to contract debts or to borrow money, or to take away any of the powers conferred upon said town of St. Marys, or upon the mayor or council, any of the officers, conferred by general law, except so far as the same are inconsistent with the powerc hereby conferred; and the city of St. Marys, hereby created, shall be held in all things to be the legal suc-previous ob cessor to the town of St. Marys, heretofore existing and all legal obligations of the said town shall be valid and binding upon the city of St. Marys. ligations binding. 40. The council in being at the time this act shall take effect, shall appoint and provide places for voting in said city, as herein prescribed, for the elec tions herein provided for to be held in said city, and appoint the election officers thereof; and shall pass all proper ordinances and orders to give this act full force and effect. municipal hold until successors 41. The mayor and council in being and all elective Present officers of the town of St. Marys, in office at the time officers to of the passage of this act, shall hold their respective offices and exercise all the powers and discharge all are elected. the duties thereof until their successors are elected and qualified; and shall exercise the powers, perform the duties, and receive the compensation heretofore conferred, prescribed and allowed by former charter, by general law or by the ordinances of the said town, while they shall remain in office under the provisions of this act. at -all orditak-nances now in oper- tinue in force, Marys council force to con All ordinances in force in the town of St. Marys the time of the passage of this charter, and the ing effect of the same, shall continue to have full ation and effect as ordinances of the city of St. until amended, repealed or superseded by the of said city, except such thereof as are inconsistent with the provisions of this act. until, etc. porate limits. 42. The said city council shall have full power and Council may authority to change and enlarge the corporate limits enlarge orts of said city in manner and in form, and under the provisions provided by sections forty-eight and forty-nine, chapter forty-seven, of the code of West Virginia, edition of one thousand eight hundred and ninetynine. all when ratified this vote of the by majority voters in two limits pre This act shall be in force as soon after its passage act in force as it shall have been ratified by a majority vote of the qualified voters voting on the same, under charter, within the territory described in section of this act. The present council of the town of St. scribed. Marys shall have power to call an election, or elections, to take the vote of the people upon the ratification or rejection of this charter and shall publish in two newspapers in said town, and post in public. places, notices of such election. New Martinsville, acts incorporating the town of, consolidated (Senate Bill No. 105.) CHAPTER 148. into AN ACT to amend and re-enact and to reduce town. [Passed February 5, 1901. In effect from passage. Approved February 12, 1901.] Be it enacted by the Legislature of West Virginia: 1. The inhabitants of so much of the county of Wetzel as is within the bounds prescribed by section two of this act, and their successors, shall be and reand amended. main, and they are hereby made a body politic, incorporated by the name of the town of New Martinsville 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 for the use and purpose of said incorporation. -corporate powers. Corporate limits. -police jurisdiction. -Wards, number of; to 2. The corporate limits of said town shall hereafter be as follows: Beginning at the intersection of Big Fishing creek with the Ohio river at Ohio river at low water mark; thence up said Ohio river with the meanders thereof at low water mark, five thousand eight hundred feet to a stake at low water mark of said river; thence leaving said river south eighty-two and onehalf degrees east three thousand one hundred feet a stake; thence south eight degrees west four thousand three hundred feet to a stake; thence south fifty degrees west one thousand nine hundred and forty feet to a stake; thence south forty-three degrees west nine hundred and fifty feet to said Big Fishing creek; thence down the same with the meanders thereof and at low water mark two thousand feet to the point of beginning at the mouth of said Big Fishing creek; and the corporate authorities of the said town shall have, for police purposes, jurisdiction over the waters of the Ohio river and said Big Fishing creek. 3. The territory of said town shall be divided into three wards, as soon as convenient after the passage of this act, by the council in being of said town, which said wards shall be as nearly equal in population as is possible and shall consist of compact territory; which said wards so laid off shall remain until other- when and wise changed by the council of said town, and a record how laid off. and map of the said wards shall be entered upon the journal of the council of said town and preserved. No wards. change shall be made in the limits of the said wards. within six months previous to any regular election be held for the election of town officers. -record of to change of wards. shall Common 4. The municipal authorities of said town. consist of a mayor and six councilmen, who together shall form a common council, and shall receive such compensation as the council shall from time to time determine, which shall not be increased or diminished during their term of office. council, who to constitute. -compensa tion. 5. All the corporate powers of said corporation Corporate shall be exercised by said council or under their thority except when otherwise provided. au- powers, how exercised. coun Municipal officers, how 6. There shall be elected by the qualified voters of said town, as hereinafter provided, a mayor, six cilmen and a recorder, who at the time of their elec- elected; qualtion shall be freeholders in said town and be entitled to vote for the members of the common council of said town as residents and legal voters therein. 7. There shall be a chief of police, street commis ifications. sioner, assessor and tax collector, each of whom at the same subject. time of their election shall be entitled to vote for the members of the common conncil, each of which officers shall be elected by the qualified voters of said and shall hold office for the period of one the date of their election. year town elect- Term of mayor and mayor recorder; exhold ception. 8. The said mayor and recorder shall each be ed for the period of two years, except that the and recorder first elected under this charter shall office respectively until the second Tuesday in January, the year nineteen hundred and three, and until their successors are elected and qualified. Election of 9. On the first Monday in April, one thousand nine hundred and one, there shall be elected by the quali- officers, fied voters of said town a mayor, recorder and six when; who to be elected; councilmen, chief of police, street commissioner, as- terms. sessor and tax collector, and two councilemn shall be |