cense. their granting; all other licenses may be for such term other lias the council may determine. institute Condemnacondem- tion of real mar work or to estate, for what. con--proceed ac -buildings more for municipal purposes; to council may for. 37. The council shall have the right to proceedings in the name of the town for the nation of real estate for streets, alleys, drains, kets, market ground, town prison or other purposes of public utility; such provision shall form to chapter forty-two of the code of West Vir- ings. ginia. And said council shall also have power quire by purchase, gift or condemnation one or lots necessary for municipal buildings on which place such buildings as they may deem necessary for acquire land the meeting of said council and for the keeping of the offices of said council, and for the keeping of the property of said town; and said council shall also have -fire comthe power to organize or authorize the organization panies. of fire companies, hose companies or any other company or aggregation of persons for the purpose of protecting the property of the citizens of said town against destruction by fire, and authorize such panies to create and hold property necessary and ordinarily held and used by such fire companies. cil shall not have power to release or relieve any tax- -no release payer from payment of taxes levied on or assessed of taxes. against him or them. com--may au thorize such companies to Coun- hold pron erty. labor upon every who liable to the ages streets, etc., days' and for what for the same by time. labor. 38. The council shall have power to require male resident residing in said town, between of twenty-one and fifty years, to expend two labor upon the streets, alleys and public works of said town during each current year when properly notified. so to do by the commissioner of streets; and the coun- -commutacil shall have power also to permit such persons liable tion of such to perform work upon the streets, alleys and public works, of the said town, to commute paying into the treasury of said town not to exceed one dollar and twenty-five cents per day for each day that he may fail so to labor when properly warn-failure to ed so to do; and in case any person liable to perform such labor. such labor shall fail to do so for ten days after having been properly and legally notified, to that effect, -duty of rethe said recorder of the said town, upon a return of corder and that fact to him by the said commissioner, shall make missioner as out and sign a tax bill, stating the amount for which to such failsuch individual is delinquent, and shall place the same in the hands of the collector of taxes, who shall have-duty of tax the same power, in relation thereto, to levy, distrain perform street com ure. The poor; lating to. and sell the property for the collection of such bill as he has under this charter or any by-law in regard to the collection of taxes of said town. 39. The council shall have full power to provide provision re- for the keeping of its poor or indigent persons within the limits of the said town, and the citizens of said town shall be exempt from the payment of all county poor taxes for each and every year which the said town council shall provide for the keeping of its own poor. Board of vision rela ting to. 40. The council shall have power to appoint and health; pro- constitute a board of health consisting of one reputable physician and two of its own members, which said board of health under the supervision and with the approval of said council shall have full power to make all needful rules and regulations for the keeping and maintaining of the said town in proper healthful condition, and when such board of health shell have been elected and organized it shall have exclusive control of all matters relating to the public health within the limits of the said town. Chief of police. Street commissioner: his duties. Repeal of inconsistent acts. Council in being, charged with 41. It shall be the duty of the chief of police to preserve order in the town under the supervision of the mayor. 42. The street commissioner, under direction of the council, shall have charge of the opening, maintenance, construction and repair of the streets, alleys, ways and wharves of the town and the control of the laborers thereon. 43. All acts or parts of acts inconsistent with this act are hereby repealed, but this act shall not be construed to repeal, change or modify any previous act, not inconsistent with this act, authorizing the town of New Martinsville to contract debts or to borrow money or to take away any of the power conferred by general law upon the said town, or upon the mayor or council or any of the officers, except SO far as the same may be inconsistent with the power hereby conferred. 44. The council in being, at the time this act shall take effect, shall appoint and provide places for votwhat duties. ing in the different wards of said town, as herein prescribed, for the election herein provided for to be held in said town, and to appoint the election officers officers; when act term to exof pire; their and duties: com powers and pensation. thereof, and shall pass all proper orders and ordinances to give this act full force and effect; and all of--present ficers of the town acting as such at the time this takes effect shall continue until the first Monday April, 1901, and until their successors are elected qualified, to exercise the powers and perform the duties and receive the compensation heretofore conferred, prescribed and allowed by former charter, general law, by-law, or ordinance of said town. Such ordinances in force at the time referred to shall tinue to have full operation and effect as ordinances remain operof the town of New Martinsville until amended, re- etc. pealed or superseded by the council of said town. -what orcon- dinances to ative, until, (House Bill No. 231.) CHAPTER 149. *AN ACT to amend and re-enact, an Act of the Legislature of West Virginia, passed February twentyfourth, one thousand eight hundred and eightyseven, in relation to the city of Wellsburg, as sections three, six, fourteen, thirty, thirty-one, thirty-two and thirty-six. to [Passed February 22, 1901. In effect from passage. Approved February 23, 1901.] Be it enacted by the Legislature of West Virginia: That sections three, six, fourteen, thirty, thirty-one, Acts thirty-two and thirty-six of an act of February twen- Amended. ty-fourth, one thousand eight hundred and eightyseven, in relation to the city of Wellsburg, be amended and re-enacted so as to read as follows: its officers. 3. The officers of said city shall be a mayor, four City of councilmen from each ward, city collector and treas- Wellsburg; urer, city clerk and street commissioner. The mayor, '-election of. members of council, city collector and treasurer and clerk shall be elected by the voters of said city as hereinafter provided. .g Duties of Collector and Treasurer. It shall be the duty of the city collector and Account to treasurer, at least once in every six months during render and his continuance in office, and oftener, if required NOTE BY THE CLERK-This act (Chapter 149) passed as printed. list returned; by when. -affidavit -credit allowed and when. council, to render an account of the taxes, fines, penalties, assessments and other claims in his hands for collection, and return a list of such as he shall not have been able to collect, by reason of insolvency, removal or other causes; to which list he shall make to such list. affidavit that he used due diligence to collect the same, but has been unable to do so; and if the council shall be satisfied of the correctness of said list and affidavit, it shall allow the city collector and treasurer a credit for said claims. He shall pay any money in his hands belonging to the city upon the order of council and not otherwise. For services rendered, he shall receive the same per centum on the amount collected, and accounted for, as the sheriff of Brooke county receives for similar services. For all received by the city collector and treasurer, of the ordinary revenues of said city, he shall such compensation as council may prescribe, ceeding five per cent. payment of moneys. -compensa tion. Officers; election of. when. -term of office. -proposed amendment. Officers-When Elected., moneys outside receive not ex coun 14. At the first election of officers held after the passage of this act, there shall be elected a mayor, city collector and treasurer, clerk and twelve cilmen; and thereafter the mayor and city collector and treasurer shall be elected every two years, and shall hold their offices for the term of two years, and until their successors are elected and qualified. In the fifty-third line of section twenty-four strike out the words "to appoint when necessary a police force to assist the marshal in the discharge of his duties." Sidewalks. Proposed amendment. Collection of taxes, fines, etc.. by whom. -may dis train, when. 30. In section thirty, in line six, from the top, strike out the word "Marshal" and insert in lieu thereof the words "City Collector and Treasurer.” Collection of Taxes. 31. It shall be the duty of the city collector and treasurer to collect all taxes, licenses, fines, levies, assessments and other revenues of said city, and in case the same are not paid one month after they are placed in his hands for collection, he for collection, he may distrain and sell property therefor in like manner and with sheriff of a county like effect, as the may distrain and sell property in the collection of State and county taxes, and said city collector and treasurer shall have -power of in all other respects the same power to enforce the collector, etc. payment and collection of such taxes, levies, fines, licenses and assessments and other revenues, as such sheriff now has or may hereafter have to enforce the payment and collection of State and county taxes; the city collector and treasurer shall, before entering -bond and upon the discharge of his duties, execute a bond, con- conditions. ditioned according to law with surety to to be approved by council, payable to the city of Wellsburg, in such penalty not less than eight thousand dollars, as cil may prescribe. 32. In section thirty-two, strike out the "marshal" and insert in lieu thereof the words collector and treasurer." coun word Proposed 36. Election of Officers. In the said section thirty- proposed six. strike out the word "marshal" and insert in lieu amendment. thereof the words "city clerk." Be it enacted by the Legislature of West Virginia: That sections thirty and thirty-one of chapter four- Proposed teen of the acts of the legislature of West Virginia, amendments. passed February twenty-second, one thousand eight hundred and ninety-five, amending and re-enacting said sections thirty and thirty-one of an act passed by the legislature of West Virginia, on the twenty-fourth day of February, one thousand eight hundred and eighty-seven, incorporating the city of Wellsburg: That the said section thirty be so amended and reenacted that the word "Marshal" shall be stricken out and the words, "city collector and treasurer" be inserted in lieu thereof, and that section thirty-one be amended so as to read as follows: It shall be the duties of duty of the city collector and treasurer to collect in collecting the taxes, fines, licenses, levies, assessments, and the revenues other revenues of said city. All licenses shall be payable at the time the license is granted, and shall be paid to the city collector and treasurer at that time; and no license shall issue until the license tax therefor is paid to the city collector and treasurer. taxes, levies and assessments may be distrained by the city collector and treasurer, after the first of November of each year; or at any time before that day, if the goods or chattels of the person assessed All collector, etc., of city. for -may dis day train, when. |