-power to grant, etc. -hotels, carts, wagons, etc. -tax. council shall have the power to grant, refuse or revoke any such license, and also license to owners or keepers of hotels, carts or wagons, drays and every other description of wheeled carriages kept or used for hire in said city, and to levy and collect tax thereon and to subject the same to such regulations as the interest and convenience of the inhabitants of said city, in the opinion of the council, may require. No license sel spirituous to sell strong or spirituous liquors, or wine, ale. beer, -license to etc., provisions relating to. -bond of licensee. --power to fine, etc., for doing business without license. Authority to curb, and order construction of sidewalks, etc. -to construct, etc., sidewalks, etc., when. -expense of same, how collected. ex porter, or drink of like nature, within the said city, or act 50. The council shall have authority to put down a suitable curb of brick, stone or other material at the expense of the said city along and for the footways and sidewalks of the streets and alleys of said city, and to order the construction and repair of sidewalks and gutters of such material and width as the council may determine, by the owners or occupiers of the lots or parts of lots facing upon said streets and alleys; and in case they, or any part of them refuse to put down or repair such sidewalks and gutters when required, it shall be lawful for the council to have such sidewalks and gutters constructed or repaired, and to collect the expense thereof, with one per centum per month interest added after a demand of thirty days, from the said owner, owners, occupier or occupiers, or any of them, by distress or sale, in the same manner in which taxes levied upon real tate for the benefit of the said city are herein author es or ment of lien. to notice. ized to be collected, and shall remain a lien upon said lot or part of lot, the same as taxes levied upon real estate in said city; which lien may be enforced by a-enforcesuit in equity before any court having jurisdiction, as other liens against real estate are enforced: provided, proviso as however, that a reasonable notice shall first be given to said owner or occupier, or their agent, that they are required to construct or repair such sidewalks gutters. In case of non-residents, who have no known -non-resiagent in said city, such notice may be given by pub- dents. lication for not less than four consecutive weeks in any newspaper printed in said city; and in all cases if tenants where a tenant shall be required to construct or re- repair sidepair sidewalks or gutters in front of the property of walk, etc., his or her occupancy, the expense of such construction or repairing may be deducted out of the accruing rent of said property, and he or she may recover the amount so paid from the owner, unless especially agreed upon. construct or what then. otherwise annually Road and of said street tax; amount; by who to pay; 51. There shall be a tax of one dollar assessed on each and every male inhabitant city, over twenty-one and under fifty years of age, the city assessor at the time of his listing personal how collected. property, and for the purpose hereinafter set forth, and the same shall be set out and included in the personal property book against every such inhabitant, and shall be collected by the city collector at the time of collecting other levies and taxes. All money col--how exlected and fines recovered under this section shall be pended. expended upon the roads, streets, alleys, side-walks cross-walks, footways, drains, gutters and wharfs of said city; and the common council thereof shall have -may expower to expend, from the revenue of said city, addi-pend additional sums upon the highways that it may deem proper and necessary for work, tools and material. The commissioner of streets. shall have all of rights, powers and privileges, and perform all duties, by law conferred upon and required of veyor of roads in a district, and shall be subject the same fines and penalties imposed by law such surveyor for any neglect of his duty. the tional sums. -commis the sioner of sur-powers, streets; his to duties and upon penalties. abate and 52. The council of said city shall have authority Council; auto abate and remove all nuisances in said city. It thority to may compel the owners, agents, assignees, occupants remove nuior tenants, of any lot, premises, property, building or structure, upon or in which any nuisance may be, to sances. orders therefor, and -officers, appointees, etc. -water closets, stables, etc. -failure or refusal to abate or remove nuisances, etc., what then. -notice. -expense and how collected. --lien for such expense, and how enforced. -notice to non-resident owners. -if tenant, etc., is required to abate, etc., Duisance, what then. abate and remove the same by by ordinance provide a penalty for the violation of such orders. Said council may also by its own officers, appointees and employees abate and remove nuisances. It may by ordinance regulate the location, construction, repair, use, emptying and cleaning of all water closets, privies, cess pools, sinks, plumbing, drains, yards, pens, stables, and other places, where offensive or dangerous substances or liquids are, or may may accumulate, and provide suitable penalties for the violation of such regulations, which may be enforced against the owner, agents, assignee, occupant or tenant, of any premises or structure where such violation may occur. occupant, or strucrefuse to mentioned If the owner, agent, tenant, assignee, or of any such premises, lot, property, building ture, as is mentioned herein, shall fail or abate or remove any such nuisance, as is herein, or to comply with the provisions of any such ordinance, and the regulations herein contained, the said council may have said nuisance abated or the provisions of said ordinance or ordinances carried out, after reasonable notice to said owner, occupant, tenant, agent or assignee of its intentions so to do, and collect the expense thereof, with one per centum per month interest added from the date of said notice, from the said owner, occupant, tenant, agent, or assignee, by distress or sale, in the same manner in which taxes levied upon real estate for the benefit of said city are herein authorized to be collected, and the expense shall remain a lien upon said lot, or part of lot, the same as taxes levied upon real estate in said city which lien may be enforced by a suit in equity before any court having jurisdiction, as other Hens against real estate are enforced. In case of nonresident owners of real served upon any tenant, agent, or by publication four consecutive weeks in said city. And in all cases estate such notice may be occupant, assignee, or rental thereof for not less than in any newspaper published or where any tenant. occupant agent is required to abate and remove any nuisance under the provisions of this section, or comply with the provisions of any such ordinance ast is mentioned herein, the expense thereof may be deducted out of the accruing or accrued rent of said property, or amount due said owner from tenant, occupant or agent may so paid from the owner, unless agreed upon. said agent, and such The council may by ordinance create such and officers as it may deem necessary, and upon them such duties and invest in them such ers as are imposed upon and invested in the by this act, subject, however, at all times to trol and supervision of said council. boards -power to impose create boards and officers; pow-with what council authority, the con the Any expense incurred by the council as herein vided, in the manner aforesaid, may be collected the manner herein provided, notwithstanding position of any other penalty or penalties upon of the persons named herein, under any of the visions of this act. pro etc. -expense inin curred by im- council, how any pro collected. cers to con when. 53. The present mayor, city clerk, city assessor, Present mutreasurer and councilmen and other officers of said nicipal offcity shall remain in office and exercise the same duties tinue in ofas are prescribed for them by the laws or ordinances fice, until of said city in force previous to passage of this act, until and no longer than an election for mayor, councilmen and other officers, and their qualification be held under this act according to the provisions of, except that the six councilmen who were at the election held on the first Thursday in one thousand nine hundred, shall continue in said offices until their successors are elected at the election to be held on the first Thursday in April, one thousand nine hundred and three, and thereafter qualified, as provided in section nine hereof. here- -exception elected as to council- 54. All other acts and parts of acts coming within the purview of this act, and inconsistent herewith, are hereby repealed. Acts repealed. City of El amended. (House Bill No. 187.) CHAPTER 151. AN ACT to amend and re-enact the charter of the City of Elkins, in Randolph county, to consolidate the City of Elkins and the Town of South Elkins, to repeal the Charter of the town of South Elkins, in the County of Randolph and to add additional territory to the City of Elkins. [Passed February 7, 1901, In effect 90 days from passage. Approved February 18, 1901.] Be it enacted by the Legislature of West Virginia : 1. That the inhabitants of so much of the county kins, charter of Randolph as is within the bounds prescribed by section 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 Elkins," and as such shall have a perpetual succession 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 for the pur -corporate name and powers. Corporate limits. pose of said corporation. 2. The corporate limits of said city shall hereafter be as follows: Hut Beginning at the southern abutment of bridge number two, of the West Virginia Central and Pittsburg railway across the Tygarts Valley river, on its tonsville branch, being the bridge of said railway uated about one thousand feet south of the junction of the Belington extension and Huttonsville branch of said railway, and running thence down said Tvgarts Valley river on the east bank thereof to the nearest corner of land now owned by S. B. Elkins, formerly known as the "Yokum land," thence by a straight line to the highest point of the hill situated in the angle between the Beverly and Fairmont pike and the Coal and Iron railway immediately in the rear of property now occupied by J. A. Cutright, which is claimed by L. I. Keenan, thence by a straight line to the highest point in the land line between the lands of Elizabeth Goddin and Lewis Woolwine at the top of the hill immediately back of the residence of J. W. Goddin, thence by a straight line to the southeastern corner of the Reservoir lot on the top of the "Wees |