-power to make levy when.

-further

power as to

distraint and

etc.

for taxes are about to be removed from the county of
Brooke; and the city collector and treasurer shall
have power and authority to make a levy for
due to the city anywhere within the county of Brooke.

taxes

revenues as

The city collector and treasurer may distrain and sell property for taxes and assessments in like mansale for taxes, ner and with like effect as the sheriff of a county may distrain and sell property in the collection of state and county taxes; and said city collector and treasurer shall have in all other respects the same power to enforce the collection and payment of taxes, fines, licenses, levies, assessments and other such sheriff now has or may hereafter have to enforce the payment and collection of state and county taxes. And on all taxes which are not paid by the first day of February next succeeding the year for which they are assessed, there shall be charged and collected interest at the rate of six per cent. per annum. The city collector and treasurer shall before entering upon the duties of his office, execute a bond conditional according to law, with surety to be approved by council, payable to the city in such penalty as the council may prescribe, but not less than eight thousand dollars.

-interest on taxes, when.

-bond and conditions.

Acts amended.

City of Hunt

ington reincorporated; corporate powers.

(House Bill No. 33.)

CHAPTER 150.

AN ACT amending and re-enacting chapter sixty of the Acts of one thousand eight hundred and ninetyfive, incorporating the City of Huntington.

[Passed January 25, 1901. In effect from passage. Approved February 4, 1901.]

Be it enacted by the Legislature of West Virginia:

That chapter sixty of the acts of the legislature of one thousand eight hundred and ninety-five be amended and re-enacted so as to read as follows:

1. That part of the county of Cabell included in the limits hereinafter mentioned, is hereby made a city corporate and body politic, by the name of "The

sue

City of Huntington," and shall have perpetual success-
sion and a common seal, and by that name may
and be sued, plead and be impleaded, and purchase,
lease, and hold real and personal property necessary
to the purpose of the said corporation.

limits.

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

Beginning at a stake at low water mark on the Ohio river forty feet west of the northwest boundary line of Consolidated Light and Railway company land (upon which its electric power house and gas plant stand); thence up said river at low water mark to the west bank at of the Guyandotte river at low water mark; thence up the last mentioned river at low water mark, and with the east line of the lands of the Central Land company of West Virginia, to a point where said line leaves said river; thence with the east line of the Central Land Company of West Virginia lands to the south-east corner of said lands; thence with the south and west boundary line of said Central Land company of West Virginia lands to the southwest corner of lands formerly owned by W. H. Hagan; thence in a direct line to the southeast corner of the lands formerly owned by J. M. Hendley; thence with the south boundary line of the lands of the Central Land company of West Virginia to the southwest corner of the lands of the late Samuel Johnson; thence with the south line of the said late Samuel Johnson's land to the southeast corner of said Johnson's lands; thence with the west line of the Central Land company of West Virginia lands to the northeast corner of the lands of Thomas H. Harvey; thence with the said Thomas H. Harvey's north line to the west side of a street known as Johnson street; thence north along the west line of said street to the point of beginning.

3. The territory of said city shall be divided into wards. three wards, and such division shall be as follows:

The first ward shall include all that portion of said territory which is situated to the west of what is known and designated on a map of said city, drawn by one Rufus Cook, and of record in the office of clerk of the county court of said county, as Ninth street extended to the southern boundary line of said city.

the

1st ward.

The second ward shall include all that portion of -2nd ward.

3rd wara.

-number may be increased.

Municipal authorities, and what to form.

-compensation.

Corporate

powers, who to exercise.

Qualification

said territory which is situated to the west of what
is designated on said map as Sixteenth street, ex-
tended to said southern
southern boundary line, and which

lies east of the first ward.

The third ward shall include all the remaining territory of said city, which is situated east of the second ward.

It is provided, however, that the common council of said city, after the expiration of four years from the time this act takes effect, may, in their discretion, increase the number and fix the boundaries of wards.

to

4. The municipal authorities of said city shall sist of a mayor and twelve councilmen (subject be increased according to the provisions of section nine hereof) who together shall form a common council, and who shall receive such compensation as the council may from time to time determine (subject to the provisions and the maximum amounts prescribed by section twenty section twenty hereof), and which shall not be increased or diminished their term of office.

during

5. All the corporate powers of said corporation shall be exercised by said council, or under their authority, except where otherwise provided.

6. The mayor and councilmen must at the time of of mayor and their election be entitled to vote for the members of the common council of said city.

councilmen.

Mayor's term of office.

Elective

officers, other

qua.ifica

tions term of office.

7. The term of office for the mayor shall be two years, and until his successor shall have been elected and qualified, as hereinafter provided.

8. There shall be a treasurer, city clerk and city assessor elected by the qualified voters of said city, than mayor; and who at the time of their election shall be entitled to vote for members of its said common council. They shall hold their office for the term of two years, and until their successors shall be elected and qualified; and shall receive such compensation (subject to the provisions and the maximum amounts prescribed by section twenty hereof), as the said council may determine, and which shall not be increased or diminished during their term of office.

-compensa

tion.

First election. -when.

9. The first election under this act shall be held on the first Thursday in April, anno domini one thou

-who

city elected. term -for what each term. and year-regular such election;

comtreas

when.

-where.

-who for elected.

from

-their term of office.

sand nine hundred and one, at such places in each-where. ward as may be designated by the common council of the city; at which election a mayor, a treasurer, a clerk and a city assessor shall be elected for the of two years, and six councilmen (two from ward) shall be elected for the term of four years; on the first Thursday in April in every second thereafter an election shall be held in said city at places in each ward as may be designated by the mon council of said city, at which a mayor, a urer, a clerk and a city assessor shall be elected the term of two years, and six councilmen (two each ward) shall be elected for the term of four years. But the six councilmen of said city who were elected at the election held in and for said city on the visions as to first Thursday in April, anno domini one thousand councilmen nine hundred, or such person or persons as may be 1900 for two appointed to fill any vacancy or vacancies caused in any manner in the said offices of the six councilmen, shall continue in said offices and continue to exercise all the duties of their said offices until six councilmen elected and qualified as their successors (two from each ward) at the election to be held in said city under the provisions of this act on the first Thursday in April, anno domini one thousand nine hundred and three.

-special pro

elected in

years.

-if number

what then.

Councilmen shall be elected by wards so that the -councilmen, voters shall vote for councilmen only of the wards how elected. in which such voters may reside. And if the number of wards at any time be increased, as provided of wards be by section three of this act, there shall be elected as increased, provided therein four councilmen from each ward, to be classified as to their terms of office by the council making changes in wards and boundaries thereof, but so that after the first two years of such changes, two councilmen shall be elected from each ward the term of four years.

for

10. Every male person residing in said city and who ennot disqualified as hereinafter stated,

shall be

titled to vote.

en

person who is

act,

a-who not to vote.

titled to vote for all officers elected under this
and also at all elections of said city held by the cor-
porate authorities thereof; but no
minor, or of unsound mind, or a pauper, or who is
under conviction of treason, felony or bribery in an
election, not having been pardoned or punished there-
for, or who has not been a resident of this State for

Elections, method of voting law governing.

-duties of council; what laws to ap

ply.

The vote · how decided.

Contested elections: how heard

and decided.

Vacancies; how filled.

one year, and of the city of Huntington for sixty days,
and of the ward in which he offers to vote for ten
days next preceding such offer, shall be entitled to
vote at any election held under
while such
disability continues.

this act

11. At all elections the vote shall be given by ballot, and in the manner prescribed by the general election law of the State as to the holding of elections in municipalities; and the common council of said city shall perform the duties in relation to such elections as are required by general law of the State from county courts concerning concerning general elections held in the State and said county; and for the preservation of the purity of the ballot and for the prevention of fraud in relation thereto, the provisions of chapter five of the code of West Virginia, concerning offences relating to elections. SO far as the same are praeticable, shall govern the elections held in and for said city and the penalties therein prescribed for offences relating to elections shall be enforced against the of fenders at such corporate elections, and said chapter shall have the same force and effect, as if it were especially applicable to such corporate elections.

12. Whenever two or more persons shall receive an equal number of votes for the same office, the common council under whose directions such election may have been held, shall decide by a majority of all the members elected which of such persons shall be returned as elected, and shall make return accordingly.

13. All contested elections shall be heard and 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 such contest for county and district offices; 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 occur a vacancy shall from any cause in the office of mayor, councilman, treasurer, city clerk or city assessor, the council for the time being shall by a majority vote of all the members elected, fill the vacancy until the next general election, at which time a successor shall be elected by the qualified voters of said city.