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the state or individuals, unless he shall give the bond and security required of a justice of the peace by chapter fifty of the said code, and all provisions of said chapter relating to money received by justices shall apply as to like money's received by the mayor. The mayor shall have power, when authorized by a proper ordinance of the city, in case of an offender upon whom a fine has been imposed and who neglects or refuse to pay the same, to sentence such offender to work out the amount of the fine imposed, together with the costs of the maintenance of such offender from day to day, by compelling him to labor without compensation upon any of the public works or improvements undertaken by the city ; he shall receive such commutation per day, to be fixed by the council, as is allowed laborers regularly employed, until such fines, costs, and costs of maintenance, shall have been fully paid; provided, that no person shall be compelled to labor as aforesaid for more than thirty days for any one offense.
Appeals shall lie from the judgment of the mayor to the circuit court of Tucker county, under regulations prescribed by law.
Powers and Duties of the Recorder.
Sec. 31. It shall be the duty of the recorder to keep the journal of the proceedings of the council, to have charge and preserve all records and archives of the city, and to perform such other duties pertaining to his office as the council shall prescribe. In the absence of the mayor from the city, or in case of his sickness or disabilty to act, or during any vacancy in the office of mayor, the recorder shall perform the duties belonging to the office of mayor and for that purpose shall have and possess all the powers of the mayor.
Duties of the City Attorney.
Sec. 32. The city attorney shall be the city solicitor and counsel in all legal matters arising upon which counsel is necessary, or in which legal proceedings are taken; he shall defend all suits against the city, and when requested in writing, shall give his written opinion to the mayor, the council, or any standing committee thereof, upon such legal questions as may be referred to him affecting the city's interests. When required by the mayor he shall attend and prosecute all trials in his court, and shall prosecute all appeals that are taken from such court to the circuit court, or if there be one the criminal court of Tucker county, and for his services he shall receive such sum as the council may allow.
Duties of City Treasurer.
Sec. 33. The city treasury shall be one or more of the banks of the city, and shall be selected biennially by the council. The bank or banks which shall be designated city treasury shall be first chosen at the first regular meeting of the council held in February, one thousand nine hundred and eight, and thereafter on the same day each second year. The money deposited therein shall be disbursed only upon order drawn against the same signed and countersigned as hereinbefore prescribed. The treasurer shall on the last day of each month, furnish the council a statement showing by items its receipts and disbursements for said month, and the amount on hands; and it shall annually, on or immediately before the first day of July, make settlement with the council as the general laws of this state provide for sheriff's settlements with the county courts.
Liquor License. Sec. 34. That said city council shall have, and are hereby granted the exclusive control of all licenses required by law; provided, how'cver, that the council shall cause to be submitted to the voters of the city at the annual election every two years the question whether a license for the sale of spirituous liquors, vinous and malt liquors, shall be granted within the city. In case a majority of votes cast at said election are against licenses no such license shall be granted during the two succeeding years; and all such other licenses it may see fit to impose and require within the corporate limits of said city not contrary to the constitution of the state of West Virginia. And in case of any such license granted by said city council it shall not be necessary for the person or persons, or corporation, holding the same to apply for, obtain or hold any state license or other additional license from the county court of Tucker county, West Virginia, for the carrying on or conducting the business so licensed by said city council; but the person or persons, or corporations so licensed by said city council shall not be exempt from paying the usual state license tax required by law. When any such license as hereinbefore mentioned is granted by said city council, said council may impose a tax thereon for the use of the city in conformity with the requirements of the state law, and shall also require bond payable to said city in its corporate name, with good security from the person, or persons, or corporations so licensed; said bond to be approved by said city council in the same sum and penalty as required by the state law. The said city council shall, upon granting any such license required by law, within ten days thereafter furnish to the clerk of the county court, the prosecuting attorney, and the assessor of Tucker county, by mail to their respective post office addresses, duly certified copies, under the corporate seal of said city, of the order granting every such license, whereupon such assessor shall cause the sheriff of Tucker county to collect the state tax thereon, in the same manner as if said license was granted by the county court of Tucker county, West Virginia ; and said city council may revoke such license at any time the condition of said bond be broken upon ten days' previous notice to the person, persons, or corporation holding the same; and suits may be prosecuted and maintained on such bonds as prescribed in section twenty-two of chapter thirty-two of the code of West Virginia by the same persons in the same manner and to the same extent as upon the bonds mentioned in said section, and all the provisions of said section in relation to the bonds therein named and mentioned shall be applicable to the bonds required by this section.
Notice for the application for license to sell spirituous liquors, wine, porter, ale, beer, and drinks of like nature, shall be given by publication in some newspaper published in the city, for at least two weeks prior to the date said application is made, and notice of said application shall likewise be filed with the recorder of the city at least two weeks before the application is acted upon; which notice and application shall show the name and residence of the applicant, the particular place for which the license is desired, and who is the owner of the property in which the business is to be carried on.
The Police Officers.
Sec. 35. The chief of police shall be ex-officio a constable within the corporate limits of his city; he may execute any writ or process issued by the mayor or justice of the peace at any place in Tucker county; he shall have all the powers, rights and privileges within the corporate limits of the city in regard to the arrest of persons, the collection of claims, and the execution and return of process that can be legally exercised by a constable of the district in which the said wity is situated, and he and his sureties shall be liable to all fines, penalties and forfeitures that a constable is liable to for any failure or dereliction in his office, to be recovered in the same manner and in the same courts that the fines, penalties and forfeitures may be recovered against such constable. All special police officers shall have and posess all the powers, rights and priviliges of a constable of the district within the corporate limits of the city, in regard to the arrest of persons, and th: execartion and return of all criminal writs and process issued by the mayor; but the council may exempt them from giving the bond required of constables.
Right to Condemn Real Estate.
. Sec. 36. The council shall have the right to institute proceediings in the name of the city for the condemnation of real estate for the use of roads, streets, alleys, drains, public buildings and grounds, including parks and cemeteries, for the use of the city; and the manner of procedure shall as nearly as practicable, conform to the provisions of chapter forty-two of the code.
Repeal of Certain Acts.
See. 37. All acts and parts of acts which are in conflict and inconsistent with this act are hereby declared inoperative in so far as they are in conflict or inconsistent with this act; and this act shall not be construed to take away any of the powers conferred upon said town, or upon the council, or any officer thereof, conferred by general law, except so far as the same may be inconsistent with the powers conferred by this act.
Rights and Liabilities of the City.
Sec. 38. The said city shall succeed to all the rights and liabilities of the said town of Parsons; it shall be liable for all the debts and obligations of the said town the same as if the bond or other evidence of indehtedness were issued in the corporate name of the city.
Ordinances. . Sec. 39. The ordinances in force in the town of Parsons on the first day of February, one thousand nine hundred and éight, so far as they are not inconsistent with this charter, shall continue in force as ordinances of the city of Parsons until amended or repealed by the council of said city.
(House Bill No. 97).
AX ACT to amend and re-enact sections four, six, seven, nine,
eighteen, twenty-six and twenty-nine of chapter thirteen of the acts of one thousand nine hundred and five, of the legislature of West Virginia, concerning the charter of the city of Philippi:
Be it enacted by the Legislature of West Virginia:
That sections four, six, seven, nine, eighteen, twenty-six and twenty-nine, of chapter thirteen of the acts of one thousand nine hundred and five of the legislature of West Virginia, be amended and re-enactd so as to read as follows:
Sec. 4. The officers of said city shall be a mayor, clerk, chief of police, street commissioner, one councilman from each ward and one councilman-at-large. The mayor, clerk and councilman-at-large shall be elected by the qualified voters of said city. The other officers named, except members of council, shall be appointed by the council and the councilmen, other than councilman-at-large, shall be elected by the qualified voters of their respective wards. No person shall be eligible to any elective city office unless he is a qualified voter thereof, nor unless he has resided therein for at least six months before his election; and in the case of a councilman, unless he is a bona fide resident of the ward from which he is elected and a freeholder of said city; and the removal of a councilman from the ward in which he is elected shall vacate his office; and no person shall be eligible to any city office unless he is a taxpaver and a qualified voter thereof.