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lection

collection, and return a list of such as he shall not have been able to collect by reason of insolvency, removal or other cause; to which list he shall make atfidavit that it is correct and that he has used due diligence for and in the collection of the same; and for any default he shall be liable on his bond, recoverable as hereinafter provided. The council may allow the sergeant a credit for To be credited so much of the list as it is satisfied is correct, but he and ible taxes, etc. the sureties on his bond shall be liable for so much of the list as is not allowed as a credit by the council. He shall receive for his services such compensation as the His compensacouncil shall fix and determine; but any person owing such taxes or assessments may pay the same to the treasurer and take his receipt therefor. It shall be the duty of the city sergeant to collect the city taxes, fines, levies and assessments; and in case the same are not paid within sixty days after they are placed in his hands for collection, he may distrain and sell thereof, in like man- Distraint and ner as a sheriff may distrain and sell for state taxes; sale for taxes, and he shall have in all other respects the same power as a sheriff to enforce the payment and collection thereof; and he shall have all the powers, rights and privileges within the corporate limits of said city, in regard Powers as to to the arrest of persons, the collection of claims, and rests, colthe execution and return of process, that can be legally claims, and exercised by a constable of a district, and he shall be entitled to the same compensation therefor, and he and Sergeant's

compensation. his securities shall be liable to all the fines, penalties and forfeitures that a constable is legally liable to for any failure ar dereliction in office, which shall be recoverable in the same manner and in the same courts as the same are now or may be recovered against a constable.

19. If the sergeant shall fail to collect, account for Recovery on or pay over to the treasurer all the taxes, fines, penal- bond, proceedties, assessments and other moneys, belonging to the ings for. said city collected by him, or placed in his hands for collection, which are not allowed as a credit to the sergeant, as in the next preceding section mentioned, it shall be lawful for the said city to recover the same, by motion, in the corporate name of the city, in the circuit In circuit court of Marshall county; or, where the same does not exceed three hundred dollars, before a justice of the Before a jusdistrict in which said city is situated, against the said sergeant and his sureties, or any or either of them, or his or their executors or administrators, on giving ten days' notice of such motion. And in case the treasurer shall fail to account for and pay over all or any part of treasures on the moneys that shall come into his hands, belonging to bond. the city, when required by the council, it shall be lawful

.

Liabilities of.

court.

for the city to recover the same, in like manner and upon the like notice, from the treasurer and his securities, or either of them, or his or their personal representatives, as is provided in relation to the sergeant.

.

Salaries of officers not to be

Former ordi

Superintend

20. It shall be the duty of the superintendent of ent of streets; streets, roads and alleys to superintend the opening, powers and lia-construction and repair of the streets, roads, alleys,

sidewalks, crossways, footways, drains and gutters within said city, and to put and keep the same in good repair, and to carry into execution all the orders, resolutions and ordinances of the council in relation thereto; and for this purpose he shall have all the rights, powers and privileges, and perform all the duties, by law conferred upon and required of surveyors of roads; and he shall be subject to the same penalties and liabilities imposed by law upon such surveyors, for any neglect of his duty, and subject to such responsibilities as may be prescribed by council, not otherwise provided for.

21. The salary or compensation of no officer of said increased. city shall be increased or diminished during his term of

ottice.

22. All ordinances and parts of ordinances of said nances valid. city heretofore passed, not inconsistent with this act or

the constitution and laws of the United States or of this state, shall remain of full force and virtue until repealed,

amended or changed by the council. Acts repealed. 23. All acts and parts of acts in so far as in conflict with this act, are hereby repealed.

WILLIAN SEYMOUR EDWARDS, Speaker of the House of Delegatts. Wn. G. WORLEY,

President of the Senate. STATE OF WEST VIRGINIA, OFFICE OF SECRETARY OF STATE,

February 28, 1895. I certify that the foregoing act, having been presented to the governor for his approval and not having been returned by him to the house of the legislature in which it originated within the time prescribed by the constitution of the state, has become a law without his approval.

W. E. CHILTON,

Secretary of State. [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.– The foregoing act takes etfeet at the expiration of ninety days after its passage.]

(Senate Bill No. 148.)

CHAPTER 64.

AN ACT to amend and re-enact, the charter of the

town of Grafton, in Taylor county, to abolish the charter of the town of West Grafton, in said county, and to provide for submitting the provisions of this act to the qualified voters of said towns.

[Passed February 19, 1895.]

Be it enacted by the Legislature of West Virginia:

First-That sections one, two and thirty-three of an Acts amende . act to incorporate the town of Grafton, in Taylor county, passed March fifteen, one thousand eight hundred and fifty-six, by the general assembly of Virginia, as amended by the acts of the legislature of West Virginia passed February twenty-eighth, one thousand eight hundred and sixty-six, and February fifteenth, one thousand eight hundred and seventy-one, and as amended and re-enacted by the acts of the legislature of West Virginia of one thousand eight hundred and eighty-seven, be amended and re-enacted so as to read as follows:

ton: corporate to whom.

1. The corporate limits and boundaries of the town of Grafton shall be as follows: Beginning on the north Town of Grafbank of the Valley river, opposite the mouth of Bart- limits. ley creek, at two sycamore trees, thence to the intersection of Grant and Main streets; thence with Grant street to Washington street; thence to a large spring on the Northwestern turnpike; thence east, with the meanderings of said turnpike, to the intersection with the Grafton road near the dwelling of the late John W. Blue; thence south to the railroad bridge at the cut-off; thence, with north bank of Three-fork creek to southeast corner of Roger's mill; thence south to the eastern pier of the boom; thence, crossing the Valley river, to a point on the west bank thereof where the present boundary line of the town of West Grafton intersects, said river, at a point near said boom; and thence, with the said boundary line of West Grafton over the hill, to near V. I. Handley's; and thence, with said boundary line still, to where the said line again intersects the said Valley river, below the mouth of Bartley creek, and near the mouth of Short creek; thence

up the mouth of Bartley creek; and thence across said river to the beginning point of the boundaries of said town of Grafton.

Municipal authorities.

Council to divide town into wards.

2. The municipal authorities of said town shall be a mayor and nine councilmen, who shall be freeholders therein, and who shall form a common council.

33. The council shall, upon the passage and ratification of this act, and at least once in every ten years

thereafter, divide the town into not less than five nor Apportionment of Councilmen more than nine wards; and cause enumerations to be to wards. made of the number of persons residing in the several

wards and town; and they shall apportion the number of members among the several wards, as nearly as prac

ticable, in proportion to the number of persons residing Councilmen- therein. But provision may be made by said council, if

necessary, to equally proportion representation in the council, for the election of a councilman-at-large from two or more contiguous wards.

SecondThat the charter of the said town of West Grafton be and the same is hereby abolished.

at-large.

Charter of West Grafton a bolished.

This act to be submitted to a vote; when.

Ballots.

ma

Third-That the provisions of this act shall be submitted to the qualified voters of said towns at an election to be held therein on the second Monday in June, one thousand eight hundred and ninety-five. Those in favor of ratifying the provisions of this act shall have written or printed on their ballots the words, "For annexation;" those opposed shall have written or printed thereon the words, "Against annexation.” If a majority of the votes cast at such election so held in the town of Grafton be in favor of annexation and a majority of the votes cast at such election so held in the town of West Grafton be in

favor of annexation, this act shall be in full force and This act to be effect from and including said election ; and if a

jority be against annexation, this act shall be of no further force and effect.

Said election shall be held at the usual places of voting in said town of Grafton and at the mayor's office in said town of West Grafton, and shall be held, con

ducted and the returns certitied as provided by the genCouncil of each eral election law of this state. The council of the town of town to provide Grafton shall provide for holding said election in the election there- territory of said town, and the council of the town of

West Grafton shall provide for holding said election in

the territory of West Grafton. It shall be the duty of West Grafton the mayor and council of said town of West Grafton to to certify what

certify the result of said election therein to the mayor

.

Election; where to be held.

How con

in.

Council of

If act ratified

West Grafton

councilmen

cil and officers of Grafton to

til when.

and council of the said town of Grafton; and if said act be ratified at said election the mayor of said town of how result pro

mulgated. Grafton shall within ten days thereafter issue his proclamation declaring such fact. At such election the qualified voters of said town of West Grafton shall elect to elect three three councilmen-at-large, who, if this act be ratified, at-large. shall be members of the common council of the town of Grafton, and hold their office until their successors are elected and qualitied. The mayor and other l’resent counofficers and the councilmen of the town of Grafton, as it now is, in office at the time of such élection, shall hold office unhold their office until their successors are elected, or appointed, and qualified. But it is hereby expressly pro- West Grafton vided that no levy shall be laid upon the persons or exempted from

certain levies, property residing or situated within the town of West unless, etc. Grafton as it now is, to pay off or discharge any of the principal or interest of the debt heretofore contracted by the town of Grafton for the construction of water works, or to pay for maintaining the same, until and unless the benetits of such water works are extended to the town of West Grafton.

WILLIAM SEYMOUR EDWARDS,
Speaker of the Ilouse of Delegates.

WM. G. WORLEY,

President of the Senate.

STATE OF WEST VIRGINIA,
OFFICE OF SECRETARY OF STATE,

February 28, 1895.
I certify that the foregoing act, having been presented
to the governor for his approval, and not having been
returned by him to the house of the legislature in which
it originated within the time prescribed by the consti-
tution of this state, has become a law without his ap-
proval.

W. E. CHILTOX,

Secretary of State.

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

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