Sec. 43. The council shall have the authority to impose, for the use of said city, a uniform tax upon such license at the rate of not less than one thousand dollars nor more than niteen hundred dollars for each license so granted for each year.

Licenses Generally.

Sec. 44. The council shall have the authority to require a city license as follows: For anything to be done, carried on or exhibited within the city, for which a state license is now or may hereafter be required, for the keeping of hacks, carriages, carts, wagons and other vehicles for hire within the city, and for the keeping of dogs within the city, and the council may provide for the killing of all dogs, the keeping of which is not so licensed. And upon all such licenses the council may impose a reasonable tax for the use of the city.

Sec. 45. The council shall prescribe by ordinance, the manner in which license of all kinds shall be applied for and granted, and shall require the payment of the tax thereon to be made to the clerk of said city before delivery to the person applying therefor, and the provisions, of sections thirty-nine, forty and forty-one of chapter thirty-six of the acts of one thousand nine hundred and five, relating to licenses shall govern the city in the granting of licenses similar in character to those therein mentioned, except where otherwise herein provided. Licenses for keeping dogs shall also expire on the thirtieth day of April next after they are granted, and all other licenses may be for such times as the council may determine.

Power to Condemn.

Sec. 46. The council shall have the right to institute proceedings, in the name of the city, for the condemnation of real estate for streets, alleys, sewers, drains, market grounds, landings, wharves, city prison, or other work or purpose of public utility; such proceedings shall conform to the provisions of chapter forty-two of the code of West Virginia, and the costs thereof shall be borne by the city, except that in contests involving a hearing in the circuit court, costs shall be recovered by the prevailing party..

Sidewalks.

Sec. 47. After having caused proper curb or brick, stone or

other suitable material, to be set and placed on any of the streets or alleys of said city at the expense of said city, the council may require sidewalks or footways on such streets or alleys to be paved with brick, stone or such other suitable material as the council may determine, under the direction of the street commissioner, by the owners respectively of the lots or the fractional parts of lots, facing or abutting on such sidewalk or footway, and if the owner of any such sidewalk or footway, or of the real property next adjacent thereto, shall fail or refuse to pave the same in the manner or within the time required by the council, it shall be the duty of the council to cause the same to be done at the expense of the city, and to assess the amount of such expense upon such owner, and the clerk shall notify the owner of said lot the amount of such assessment and if the said assessment be not paid within thirty days from the date of said notice he shall cause a memorandum showing the name of the owner of said lot, a description of the lot, and the amount of such assessment, to be filed in the office of the clerk of the county court of Marshall county, which shall be entered of record in the judgment lien docket in his office and the same. shall constitute a lien on such property, which may be enforced by a suit in equity in the name of the city, in the circuit court of Marshall county as other liens against real estate are enforced, and upon the payment of said assessment the clerk shall issue to the person entitled thereto a release of said lien; provided, however, that reasonable notice shall first be given to said owners that they are required to construct such sidewalks or footways, and in case the owner is a non-resident of the state, the notice aforesaid may be given by publication for four successive weeks in a newspaper published in said city. The provisions of this section shall also be applicable to needed repairs to any of the pavements of the city, and to the substitution of new pavements for any which may have been heretofore or which may be hereafter laid and completed, and which may be deemed insufficient.

Street Paving.

Sec. 48. The council shall have the authority to provide that any street or alley, or any portion thereof, between the curbstones, shall be macadamized, or paved with bricks, cobblestones or other suitable material, upon the lowest and best terms obtainable, after advertisement for four weeks in one or more newspapers of

the city, for bids and proposals for the work; and the whole cost of such macadamizing or paving, from curb to curb of such street or alley, shall be assessed to the owners of the lots or fractional parts of lots, fronting or abutting on such street or alley, that is to say the property owners on each side of said street or alley to be assessed one-half of the costs of said improvements, to each property owner a sum proportionate to the distance, or extent in feet by him owned, and one-third of the sum so assessed shall be paid by each property owner to the city within thirty days after the completion of the work, and the remainder in two equal installments in six and twelve months thereafter with interest thereon, or at such other times as the council may prescribe. The expense of macadamizing or paving at the intersections of streets and alleys, shall be defrayed by the city. After the said improvement has been made the council shall cause a notice to be published for one week in a newspaper of said city, showing the owners of the property and the number of feet fronting on said improvements, as well as the time and the place where the said council. will proceed to fix said assessment as above provided, and giving notice to any person having any interest in said property to appear and show cause, if any they can, why such assessment should not be made; and the council may in making said assessments, consider the petition of any person or corporation relative to the inequality of said assessment, and may equalize and adjust the same. A copy of the list of such assessments, showing name of owner, number of lot, amount of assessment, attested by the mayor and clerk, shall be filed in the office of the clerk of the county court of Marshall county, and recorded in the judgment lien docket in said office within thirty days after the said assessments are approved by the said council, otherwise the lien of said assessment shall be void as to any purchaser of said real estate, for value and without notice, who shall have purchased such real estate, and the clerk shall execute and deliver on behalf of said city a release of such lien, upon the payment in full of said assessment. The assessment so made to any owner of real estate shall constitute a lien on such estate; and like proceedings may be had and taken to enforce such lien, or to recover from such owner the amount of such assessment, or of any installment thereof, as those provided for in the preceding section providing for the laying of pavements.

Sewers.

Sec. 49. The council of said city of Moundsville shall have the authority under the provisions of ordinances adopted by the council of said city to cause all necessary sewers to be constructed in any or all of the streets, alleys and public grounds of said city upon the lowest and best terms to be obtained by advertisements for bids or proposals therefor by the clerk of the city by direction of said council, and shall fix a uniform assessment against the owners of the real estate, lots or parcels of ground within said. city, abutting or abounding on the streets, alleys or public grounds, in which sewers are so constructed, which assessment shall not exceed seventy-five cents for each front foot of land, lot or parcel of ground, fronting or abutting on the street, alley or public ground in which such sewer is constructed; and no other special tax shall be levied against the said real estate, lots or parcels of ground for the use of said sewer, the cost of constructing such sewers in the intersection of such streets or alleys to be paid by the city. The one-half of said assessment shall be paid within thirty days after said sewer is completed and ready for use, and the remaining onehalf, with interest at the rate of six per centum per annum, shall be paid within six months after said last named date, and the said council may by ordinance compel the owners of lots or parcels of ground, fronting or abutting on any street or alley in which such sewer is constructed, under the supervision of such officer as the council may designate, to connect any residence, store or warehouse, factory or other building occupied by persons as a place of residence or for labor, with such sewer within thirty days after its completion, and may inflict fines and penalties for any violation of such ordinance.

The intersections of all streets and alleys shall be provided with sewers at the expense of the city, but all connections to sewer in street or alley to be made by property owner abutting on said street wherein sewer is constructed. The sums of money thus assessed for sewer construction shall be a lien on the lots, tracts or parcels of land upon which they are assessed, which lien may be enforced by a suit in equity in the circuit court of Marshall county to subject the said real estate to the payment of the sum so assessed against it as herein provided, in the same manner that judgment liens are enforced. The council shall cause a notice to be pub

lished for one week in some newspaper published in said city, showing the owners of the real estate and number of feet, owned by each fronting on said improvement, as well as the time and place where the said council will proceed to fix said assessments as herein provided, and giving notice to any person having an interest in the property so assessed to appear and show cause, if any he can, why such assessment should not be made; and the council may in making or reviewing said assessment consider the petition of any person, or corporation affected thereby, relative to the inequality of said assessment, and may equalize and adjust the same. A copy of the list of such assessments, showing name of owner, number of lot, and amount of assessment, attested by the mayor and clerk, shall be filed in the office of the clerk of the county court of Marshall county and recorded in the judgment lien docket in said office within thirty days after the said assessments are approved by the said council, otherwise the lien of said assessment shall be void as to any purchaser of said real estate, for value and without notice, who shall have purchased such real estate, and the clerk shall execute and deliver on behalf of said city a release of such lien, upon the payment in full of said assessment.

The funds derived by the said city from assessments or construction of sewers, as herein provided, shall be used by said city for sewer construction only, and the clerk and treasurer shall keep separate accounts of receipts and disbursements of said fund, and shall make separate report with respect to said fund from time to time, as the council may direct, and the said clerk and treasurer shall be liable to said city on their official bonds for the payment of all money which may come into their hands, respectively, by virtue hereof, and shall pay over the same upon the proper order of the council.

Sec. 50. The sewers heretofore constructed in any of the streets or alleys of said city, at the expense of the property owners abutting thereon, and by the authority of said council, may be taken for public use by said city, and the same may be used subject to the provisions of the preceding section, but before any such sewer is so occupied by the city, compensation shall be made to the persons having paid for the same or entitled thereto. Such compensation shall be determined by the award of three arbitrators, one selected by the council, one selected by the person or persons having paid for the construction of said sewer, or his assigns, and the