expenses to be certified as a basis for the annual levy. After such annual levy is made in each year, it shall be the duty of the treasurer to extend said levy upon said real estate and personal property books for said city, and to prepare proper tax tickets therefrom against all owners of real estate and personal property subject to taxation in said city.

License.

Sec. 35. The council shall prescribe by ordinance the time and manner in which licenses of all kinds shall be applied for and granted, and shall require the payment of the tax thereon to the city treasurer before the delivery thereof to the person applying therefor. The council may revoke any such license for a breach of any of the conditions or for other good cause shown, but the person holding such license must first have reasonable notice of the time and place of hearing and adjudicating the matter, as well as the cause alleged; and shall be entitled to be heard in person or by counsel, in opposition to such revocation. The term for which license provided for in this charter shall be granted shall be governed by general law providing for state license.

Condemnation of Land for Public Use.

Sec. 36. The council shall have the right to institute and prosecute proceedings in the name of the city for condemnation of real estate, for streets, alleys, roads, drains, sewers, market grounds, city prison, city hall, water works, electric light plant or other works, or purposes of public utility. Such proceedings shall conform to the provisions of chapter forty-two of the code of West Virginia, and the expenses thereof shall be borne by the city, except in cases where it is proper under said chapter to charge said expenses or any part thereof against the defendant.

Provisions for Bonding City.

Sec. 37. The council of the said city shall have the right to bond the said city for the purpose of paving the said streets, or for other permanent improvement, whenever the council thereof may deem the same necessary, but the aggregate indebtedness of the said city for all purposes shall never at any time exceed five per centum of the assessed valuation of the taxable property therein according to the last assessment next preceding said date, and the said council shall

provide a fund for the payment of the interest annually on the said indebtedness so created and to pay the principal thereof within and not exceeding thirty-four years; provided, that no debt shall be contracted hereunder, unless all questions connected with the same be first submitted to a vote of the qualified voters of said city, and have received three-fifths of all of the votes cast for and against the same.

No Indebtedness to be Created for Current Expenses.

Sec. 38. The council of the said city shall not at any time or for any purpose, create any indebtedness against the said city except as provided in the next preceding section, exceeding the available assets of the said city for the current year, and if the said council shall create such indebtedness or issue orders on the said city for an amount exceeding the amount of money collected for that year for said city from all sources and the amount of money then in the treasury appropriated, the members of said council shall be severally and jointly liable for the payment of the excess of such indebtedness or orders over the amount of money applicable thereto, and the same may be recovered in any court having jurisdiction thereof.

Provided, however, this shall not be applicable to such members who have voted against said excess; and, provided, further, that the vote of each member of council shall be recorded.

Streets, Roads and Bridges.

Sec. 39. The said city shall construct, conduct and maintain its own roads and streets, and by reason thereof shall not be required to pay any district or county road levies, for the construction and maintenance of roads outside of the city limits.

Existing Ordinances.

Sec. 40. All ordinances, by-laws, resolutions and rules of the city of Princeton in force on the day preceding the passage of this act, which are not inconsistent therewith, shall be and remain in full force over the whole boundary of said city of Princeton, as established by this act, until the same are amended or repealed by the council of said city, and the officers elected on the first Tuesday in May, one thousand nine hundred and twelve, in the city of Princeton shall remain in office until their successors under this act are elected and qualified as hereinbefore provided, and after this act takes effect shall have jurisdiction over all the territory embraced in the boundary

specified in this act, and shall perform all the duties of such respective officers under this act; but nothing in this act shall be construed or held to in any way affect or impair any of the bonds, obligations or indebtedness of the city of Princeton issued or contracted prior to the passage of this act, but on the contrary, the said city of Princeton shall be liable for all the bonds, obligations and indebtedness of the city of Princeton as though the same had been created under this charter.

Power to Make and Maintain Sidewalks, Streets, Etc.

Sec. 41. The council shall have power to provide for the construction of sidewalks upon the streets of the city, and assess the expense of the construction of the same upon the property abutting thereon and the owners thereof and collect the same in the same manner as other taxes and levies are collected, and shall have power to macadamize and pave the streets of the said city, or any of them, and assess part of the expenses of macadamizing and paving not to exceed one-third thereof upon the abutting property on each side thereof, and the owners thereof, and collect the same in the same manner as other taxes and levies are collected, and such assessments for sidewalks, macadamizing and paving shall be a lien upon such abutting property, the same as other taxes and levies within said city upon the property therein. Provided, that nothing herein shall be construed to prevent the council from arranging for the construction of any such improvement, by agreement with the abutting property owners, if the council shall so desire and deem it advisable to do so.

The Duty of the Council to Appoint Officers to Hold Elections Hereunder.

Sec. 42. The council of the city of Princeton shall provide places for voting in each ward in all municipal elections of the city, and appoint commissioners residing therein to hold and conduct the election herein before provided to be held, and shall pass all proper ordinances to give this act full force and effect.

Duties of City Attorney.

Sec. 43. The city attorney shall be the legal adviser of the city and all its officers in all matters arising and in which legal proceedings may be taken; he shall prosecute all suits, actions and proceed

ings instituted on behalf of said city, and defend all suits and actions against said city, and when requested in writing shall give his written opinion to the mayor or council or any standing committee thereof upon such legal questions as may be referred to him affecting the city's interest; he shall perform such other duties as may be required. It shall be his duty to attend the sessions of the council when requested and prosecute all trials before said mayor and all appeals that are taken from such mayor to the criminal or circuit courts, and for his services he shall receive such compensation as the council shall provide, and in addition thereto in all criminal prosecutions conducted by said city attorney, where there is a conviction of the defendant, there shall be taxed an attorney's fee in favor of said city attorney, not less than five nor more than ten dollars, which said fee shall be taxed as a part of the costs in the case.

Where Money to be Deposited.

Sec. 44. It shall be the duty of the city treasurer to keep all funds of the city in some bank or banks within said city, which shall pay interest on such deposits and on the average daily balances of such funds of the per cent equal, at least, to that paid by state depositories on all funds of the state of West Virginia and in the same manner and at the same time. If no bank within said city is willing at any time to receive deposits of the treasurer and pay such interest thereon, the treasurer shall report this fact to the council, whereupon the council shall designate the bank or banks in which he shall deposit said funds for the time being, and until some bank in said city will receive such deposits on such terms.

Salaries of Various Officers.

Sec. 45. Each of the officers mentioned in this section shall receive from the city to be paid out of the city treasury, an annual salary as follows: Mayor, eight hundred dollars; recorder, four hundred dollars; treasurer, eleven hundred dollars; councilmen, one hundred dollars. There shall be deducted from the salary of the mayor, recorder, and each of the councilmen two dollars and fifty cents for each meeting of the council from which said mayor, recorder or councilman shall be voluntarily absent.

Repeal of Inconsistent Acts and Ordinances.

Sec. 46. All ordinances of the city of Princeton as they exist at

the time of the passage of this act, which are inconsistent therewith, are hereby abrogated, and all acts and parts of acts inconsistent with any of the provisions of this act are hereby repealed.

(Senate Bill No. 40.)

CHAPTER 88.

AN ACT to amend and re-enact section nineteen of chapter eightythree of the acts of one thousand nine hundred and eleven, of the legislature of West Virginia, entitled, "an act to amend and re-enact chapter sixty-six of the acts of one thousand nine hundred and three, and chapter four of the acts of one thousand nine hundred and seven, extraordinary session of the legislature, incorporating the city of Parkersburg, in the county of Wood, and repealing all acts and parts of acts inconsistent or in conflict therewith."

Be it enacted by the Legislature of West Virginia:

That section nineteen of chapter eighty-three of the acts of one thousand nine hundred and eleven be amended and re-enacted so as to read as follows:

Sec. 19. The council of the city may cause any street or alley or part thereof, to be paved with cobblestone, brick, concrete or other suitable material, curbing and suitable sidewalks laid, and a sewer or sewers to be constructed therein, or to have such paving done without the construction of such sewer or sewers, or a sewer or sewers constructed without such paving, under such regulations not inconsistent with the provisions of this section as shall be fixed by council, upon the lowest and best terms to be obtained by the council by advertising for bids or proposals therefor, and the whole cost thereof (which cost shall include the cost and expense of preliminary and other survey, of printing and publishing all notices required to be published in relation thereto, and of cost of construction) shall be