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Mavor: power and duties of.

26. The mayor shall be the chief executive officer of the city, and shall take care that all orders, ordinances, acts and resolutions of the council thereof are faithfully executed by those officials or persons whose duty it may be to execute the same.

He shall be ex officio a justice and conservator of the peace within the 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 he shall have no jurisdiction to try cases civil or criminal in their nature ; and all warrants of arrest, if any, issued by him for the violation of any city ordinance, shall be made returnable before and heard by the police judge of said city, and also all other original process, if any, issued by said mayor, shall be made returnable before and heard by some justice of said county.

Any warrant of arrest or other process so issued by the mayor may be executed at any place in said county.. He shall have control of the police of the city, and may appoint special police officers whenever he deems it necessary, subject to any ordinance of the council in regard to police officers, their appointment, powers and duties.

And it shall be the mayor's duty especially to see that the peace and good order of the city are preserved, and that all 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. The mayor shall at each regular meeting of the common council recommend for their consideration such measures as he may deem needful for the welfare of the city.

City clerk; his powers and duties.

27. The city clerk shall keep the journal of the proceedings of the council, and have charge of and preserve the records, bonds, papers and other documents belonging to the city. He shall in case of sickness or other inability of the mayor or police judge, or in case of their absence from the city, or during any vacancy in their respective offices, perform the duties of mayor and police judge, which pertain to their said offices, and shall be vested with all powers necessary for the performance of such duties.

The city clerk shall also perform such other duties pertaining to the fiscal affairs of the city, or otherwise, as may be required of him by the council. He shall be a conservator of the peace within said city.

Ilis further duties.

City assessor; his powers and duties: what laws applicable.

28. The city assessor in the performance of his duties, shall, so far as practicable and subject to any

ordi

to certain rec

Powers and

nance of the council prescribing his said duties, be governed by the provision of chapter twenty-nine of the code of West Virginia (1891), relating to the assessment of taxes: Provided, however, That no capitation No ca pitation tax shall be assessed hereunder upon any citizen of said tax assessed, city, other than according to the provisions of section except, etc. fifty-one hereof.

In order to aid the said council in ascertaining the To have access property and tithables subject to taxation by said city, ords. the assessor of said city shall have access to all books and public records of Cabell county without expense to said city or assessor; and he shall also have the same power and be subject to the same penalties in ascertaining and assessing the property and subjects of taxation duties as to us

sessing propin said city, as are granted and imposed upon the county Sres.

erty assessors throughout the state by general law; and the

Council may council shall also have authority to prescribe by ordi- prescribe rules nance such other rules and regulations as may be neces- tions, concernsary to enable and to require such assessor to ascertain ing. and properly assess all property and tithables liable to be taxed by said city, so that such assessment and taxation shall be uniform; and so that no personalty or realty, as far as practicable, shall be assessed and taxed at a higher or at a lower rate than other personalty or realty, respectively, of the same class, or in the same locality; and to enforce such ordinances by reasonable fines and penalties.

29. The treasurer of said city shall be the custodian Treasurer; his of all moneys, bonds, notes, certificates or other evi-Auties. dence of indebtedness to the city, together with all valuable papers which may be placed in his possession by the council. It shall be his duty to collect all the city taxes, licenses, levies, assessments, and such other city claims as may be placed in his hands by the council.

He shall in the collection of taxes, levies and assess-trol of council ments be governed, so far as practicable, (and subject and chapter 30 to the control and direction of the council,) by the provisions of chapter thirty of the code of West Virginia (1891), relating to the collection of taxes, except as to the compensation paid said treasurer, and as to section compensation six of said chapter, and as hereinafter provided.

It shall be the duty of the said treasurer to give notice by publishing for ten successive days before the count on taxes; time appointed, in two daily newspapers of said city, of how given. opposite politics, and by posting a copy thereof on the front door of the city hall for the same number of days, that all persons who will pay their city taxes, levies and assessments between the first day of September and the first day of December following, inclusive, of any year,

powers and

Subject to con

Except as to

Notice of dis

.

Commissions
on certain
taxes collected.

To keep books of accounts;

to the said treasurer in his office, shall be allowed a discount of two and one-half per cent.

All taxes remaining unpaid on the first day of December of any year, shall be collected by the said treasurer, for which he shall, in addition to his salary, be allowed a commission to be fixed by the council, and to

a be paid by the person from whom the taxes are collected.

The treasurer shall keep regular books of accounts, what to show. to be approved by the council, of all moneys received

and disbursed by him, and of other matters pertaining Open to inspection of whome. to his office; which books shall at all times be open to

the inspection of the council or any member thereof;

and said treasurer shall, in the month of January of Reports to be each year, and at other times as the council may require,

make a detailed report in writing to the council of all matters pertaining to his office.

All moneys belonging to the city shall be paid over be paid to him; to the treasurer, and no money shall be paid out by him, how out.

except as the same shall have been appropriated by the council, and then only upon an order signed by the mayor or other presiding officer of the council, and countersigned by the city clerk or person acting in his place, and not otherwise.

made by,

a

All money to

Police judge; his powers and duties.

To keep record of his proceedings.

30. The police judge of said city shall be ex officio & justice and a conservator of the peace with the same authority to issue process as exercised by the mayor aforesaid, and shall have charge of and preside over the police court thereof. It shall be his duty in court to try all persons charged with any offence against the city, , in regard to which he may have jurisdiction by virtue of any state law, and also all persons charged with the violation of any ordinance

ordinance of the city. He shall keep an accurate record of all his judicial proceedings in said court, showing the style of each

case, which shall be properly indexed and numbered. Daily sessions It shall be his duty to hold daily sessions of his said

court, Sundays excepted.

He shall see that the peace and good order of the city are preserved, and that the persons and property therein are protected, and to this end he may also cause the

arrest and detention of all riotous and disorderly ers, etc.; trial persons in the city before issuing his warrant therefor; of and others. but before trying such and all other persons charged

with any offence or with any violation of an ordinance, as aforesaid, he shall issue his warrant, (unless one shall have been issued by the mayor or other person holding his oflice,) specifying the offence or violation charged. He shall render judgment in any case as the law of the

of police court.

His further duties.

Arrest of riot

,

ment.

given, when.

; bond re

state or the ordinance of the city applying thereto may require. He shall have power to issue executions for Executions for all fines, penalties and costs imposed by him, or he (the "nes, etc. said judge) may require the immediate payment thereof, and in default of such payment, he may commit the party so in default to the jail of the county of Cabell, or for fines, etc. other place of imprisonment in such corporation (if there be one), until the fine and penalty and costs shall be paid or satisfied; but the term of imprisonment in Maximum term any such case shall not exceed thirty days. And in all of imprisoncases where a person is sentenced to imprisonment or to the payment of a fine of ten dollars or more, (and in no Appealable case shall a judgment for a fine of less than ten dollars judgment to be be given by the mayor, if the defendant, his agent or attorney object thereto,) such person shall be allowed an appeal from such decision to the circuit court of said Appeal allowed Cabell county, upon the execution of an appeal bond tourisme with surety deemed sufficient by the said judge, in a quired for. penalty double the amount of fine and costs imposed by him, with condition that the person proposing to appeal will perform and satisfy any judgment which may be rendered against him by the circuit court on such appeal. If such appeal be taken, the warrant of arrest, puty of police the transcript of the judgment, the appeal bond and judge therein. other papers of the case shall be forth with delivered by the said judge to the clerk of the said court, and the court shall proceed to try the case as upon indictment or presentment, and render such judgment, including that of costs, as the law and the evidence may require.

The expense of maintaining any person committed to Expenses of the jail of the county by him, except it be to answer an city prisoners. indictment or be under the provisions of sections two hundred and twenty-seven and two hundred and twentyeight of chapter fifty of the amended code of the state, Police judge to shall be paid by the city. The police judge shall pay po led by hiin the amount of fines collected by him weekly to the to treasurer: to treasurer of the city, and shall make monthly reports thereof, and of other matters pertaining to his office, to the common council of the city. 31. It shall be the duty of the chief of police to see Chief of police;

; that all subordinate police officers faithfully perform ties of. their official duty. He shall be present in the police court whenever the same shall be in session and see that all its orders and requirements are properly executed. He to attend poshall, within the said city and county, execute all pro- What process cess of said police court, and of the mayor or other per- tea by. son holding his office. He shall be ex officio a constable within the corporate limits of said city, and shall have power to execute all process issued by a justice of the

maintaiuing

pay col

make report.

lice court.

may be execu

etc.

Keeper of city prison.

keeper

Commissioner of streets; duties of.

To keep accounts and make reports.

City solicitor;

peace of said county. It shall also be the duty of the To collect fines, chief of police to collect all tines and penalties imposed

by the police court, which he shall pay daily as collected to the police judge. He shall also be er officio the

of the city jail, or other place of imprisonment. Further duties. And he shall perform such other duties as may be re

quired of him by any ordinance of the city.

32. The commissioner of streets shall, under the control and direction of the council, have the care and supervision of the roads, streets, avenues and alleys within the corporate limits of the city, and shall see that the same are kept in proper repair and free from all obstructions or places of danger to the traveling public. He shall be required to keep an accurate account of all expenditures by him as such commissioner, and to make report of same monthly to the council.

33. It shall be the duty of the city solicitor to apduties of.

pear as attorney or counsel for the city in all actions at law or suits in equity by or against the same, to prepare all bonds, contracts, or written documents, when so required by the council; to be present at all regular meetings of the council, and give his advice and opinion as to all legal matters, either in writing or orally, as the

council or its committee may at any time require. City physician;

34. The city physician shall, whenever required by the mayor or other city official having authority, attend in his medical capacity and prescribe for all indigent and poor persons who are sick or otherwise physically disabled and who may be pecuniarily unable to employ a physician. He shall also attend all sick and disabled persons who may be confined in the city jail or other place of imprisonment, and prescribe for them as their necessities may require. He shall furnish all drugs and medicine to the persons so attended by him, not to exceed the aggregate amount allowed by the council, and which shall be refunded to him. He shall report monthly to the council his expenditures hereunder, and of other matters which may be required of him by the council. He shall be ex officio chairman of the health committee, if one shall be appointed by the council; and shall perform such other duties in his medical capacity as may be required of him by any ordinance of the city.

35. The duties of the city engineer, wharfmaster, weighmaster, weighmaster, inspector of buildings, lights and water,

cemetery sexton, and other officers who may be apetery sexton; pointed by the council, shall be fixed by ordinances re

lating, respectively, to each official.

duties of.

To furnish drugs and medicine.

To report monthly.

Chairman of health committee. Further duties.

City engineer,

inspector of buildings, cem

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