The boundaries of the city of Wellsburg shall also extend to and include the tract of land conveyed to the city by I. H. Duval and wife, by deed dated March twenty-ninth, one thousand eight hundred and eighty-six, recorded in deed book number twentysix, page four hundred and sixty-six of the records of Brooke county, which said tract contains the reservoir for the city water works.

Officers.

Sec. 3. The officers of said city shall be a mayor, two councilmen from each ward, after the first Monday in May, one thousand nine and eight, until that time three councilmen from each ward, city collector and treasurer, solicitor, city clerk, street commissioner and chief of police. The mayor, members of council and chief of police of said city shall be elected by the voters of the said city as hereinafter provided.

Powers and Duties of Mayor.

Sec. 4. The mayor shall be the chief executive officer of said city; he shall take care that the provisions of this act, and the orders, by-laws, ordinances, acts and resolutions of the council of said city are faithfully executed; he shall have authority to convene council in special session whenever he may deem it advisable to do so, and shall be ex officio a justice and conservator of the peace within said city, and shall within the same have, possess and exercise all the powers and perform all the duties vested by law in a justice of the peace, except that he shall have no jurisdiction in civil cases or causes of action arising out of the corporate limits of the city; he shall have the same powers to issue attachments in civil cases as a justice of this county has, although the cause of action may have arisen out of the city; but in such cases he shall have no power to try the same, but such attachment shall be returnable to and be heard by some justice of his county; any warrant or other process issued by him may be executed any place within the county of Brooke; he shall have control of the police of said city, and may appoint special police officers whenever he may deem it necessary; and it shall be his duty especially to see that the peace and good order of the city are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all

riotous and disorderly persons in the city before issuing his warrant therefor; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require immediate payment thereof, and in default of such payment he may commit the party in default to the jail of Brooke county, or other place of imprisonment in said city until the fine or penalty and costs are paid; but the term of imprisonment shall not exceed thirty days; he shall from time to time recommend to council such measures as he may deem necessary or needful for the welfare of the city. The expense of maintaining any person imprisoned by him, except it be to answer an indictment, or be under the provisions of sections two hundred and twenty-seven and two hundred and twenty-eight of chapter fifty of the code of West Virginia, shall be paid by the city. The mayor shall not receive any money belonging to the state or individuals, unless he shall give the bond and security required of a justice of the peace by chapter fifty of the code of West Virginia; and all the provisions of said chapter relating to moneys received by justices shall apply to like moneys received by the mayor; and for such service when acting in the capacity of a justice of the peace, he shall receive such fees as are allowed by law to justices for similar services.

Council-How Composed.

Sec. 13. The council of said city shall, after the first Monday of May, one thousand nine hundred and eight, consist of two members from each ward within said city, one member from each ward to be elected annually at the city election to be held upon the second Tuesday in April of each year, and to hold office for the term of two years or until his successor is elected and qualified.

Sec. 14. At the election of officers to be held upon the second Tuesday in April, one thousand nine hundred and seven, after the passage of this act, there shall be elected a mayor, city collector and treasurer, one councilman from each ward, and chief of police; and thereafter the mayor, city collector and treasurer and chief of police shall be elected every two years and shall hold their respective offices for the term of two years and until their successors shall be elected and qualified.

The clerk elected in said city at the election held therein on the second Tuesday in April, one thousand nine hundred and six,

shall hold his office for the term of two years from the first Monday in May, one thousand nine hundred and six, and thereafter a clerk shall be elected every two years, who shall hold his office for the term of two years and until his successor is elected and qualified.

Eligibility of Officers.

Sec. 14 a. No person shall be eligible to the office of mayor, city collector and treasurer, or councilman unless at the time of his election he is legally entitled to vote in the city election for member of council, and was for the preceding year assessed with taxes upon real or personal property within the said city of the assessed value of five hundred dollars, and shall actually have paid the taxes so assessed; and no person shall be eligible to any office under said city, who is not at the time of his election or appointment entitled to vote for members of council.

This section not applying, however, to any officers who have prior to the passage of this act, previously been elected or appointed, they being allowed to fill out their present terms.

Duties and Compensation.

Sec. 16. Section sixteen as foremly existing, repealed and now re-enacted as follows:

The powers, duties and compensation of all officers shall be established by ordinance; but the compensation pertaining to any office shall not be increased or diminished so as to effect any officer subsequent to his election or appointment and during the terms for which he was elected or appointed.

Sec. 19. Council shall choose one of their own number as president, who shall preside at the meetings of council, and in case of the absence, sickness, death or disability of the mayor shall have and exercise all the powers and duties of the mayor; in the absence of the president of the council they shall choose one of their own members as president pro tem. Council shall not transact any business at any meeting thereof, unless a majority of the members be present at such meeting; but a less number than a majority may compel the attendance of the absent members.

No member of council shall vote on any order, measure, resolution or proposition, in which he may be interested otherwise than as a citizen of said city.

Duties of the Clerk.

Sec. 21. The clerk of said city shall be clerk of the council, and all of the committees thereof; have charge of all the records and archives, make out an assessment book from the books of the assessor of Brooke county and perform such other duties pertaining to his office as the council may prescribe.

Sec. 23. Every bill, order, measure or resolution passed by council shall, before it becomes effective and a law, be presented to the mayor. If he approve, he shall sign it, and thereupon it shall be in full force and effect; but if not, he shall return it with his objections, to the council, who shall enter the objections at large upon its journal, and proceed to reconsider it. If after such reconsideration, a majority of the members elected to the council approve the same, it shall become of full force and effect, notwithstanding the objections of the mayor. But in all such cases, the vote of the council shall be determined by yeas and nays and be entered upon the journal. A bill, order, measure or resolution which shall not be returned by the mayor by the next regular meeting of the council after it shall be presented to him, shall become of full force and effect, in like manner as if he had signed it.

Paving and Sewering.

Sec. 30. If the owner of any real property next adjacent to any sidewalk, footway, gutter or drain within said city, shall fail or refuse to curb, pave or keep clean the same, in the manner or within the time required by council, it shall be the duty of the council to cause the same to be done at the expense of such owner; and the cost thereof may be collected by the city collector and treasurer in the manner prescribed by this act for the collection of city taxes. Council shall also have authority to pave or macadamize the streets, alleys, sidewalks, footways, gutters and drains in said city at the expense of the city. Whenever a petition is presented to council signed by persons who own lots or parts of lots which have a frontage equal to not less than two-thirds of the frontage of all the lots fronting or abutting on both sides of any part of a street or alley. sought to be paved or sewered, or without a petition therefor, by a majority of not less than three-fourths of all of the members constituting said body of council, the council shall have authority to order such street or alley or part thereof to which said petition applies, or which is carried by said three-fourths vote, to be paved

with cobble stone, brick or other suitable paving material, or to be macadamized or a sewer to be constructed therein, under such supervision and in such manner as may be prescribed by ordinance, and upon the lowest and best terms to be obtained by advertisement for bids and proposals therefor; and the cost of such paving or macadamizing or sewing shall be assessed as follows: twothirds of such cost shall be assessed to the owners of lots or parts of lots fronting or abutting on the street or alley or part thereof which is paved or sewered, in the proportion in which the frontage of such lots or parts thereof on such street or alley bear to the whole frontage of the lots which front or abut on the street or alley which is paved or sewered. The one-fourth of the amount so assessed to said lot owners shall be paid within thirty days after the completion of the work and the acceptance thereof by the council, and the remainder in three equal installments, payable at such times as council may by ordinance prescribe; the other third of the cost of such paving or sewering shall be paid by the city, and the intersection of all streets and alleys and streets with alleys, shall be paved or macadamized or sewered at the sole expense of the city; but no part of a street or alley less than one block in length shall be paved or macadamized or sewered under the provisions of this section. The costs of such paving or macadamizing or sewering which may be charged against any lots or parts of lots shall be a lien thereon, and may be enforced by suit in equity in any court having jurisdiction thereof, or such costs or any installments thereof may be collected by action in any court or before any justice having jurisdiction thereof. The money collected by virtue of this section shall be in addition to the money collected by said city for other purposes, and shall be used for no other purposes than those provided for in this section; and the use of such money for any other purpose may be restrained by injunction at the suit of any one or more of the taxpayers of said city.

Duties of Chief of Police.

Sec. 31a. The chief of police shall, subject to the directions of the mayor, have charge of and be responsible for the police force of the city and see that all subordinate police officers faithfully perform their official duties; he shall nominate, and by and with the advice and consent of the council, a majority of all the councilmen elected concurring by yeas and nays, appoint all the subor