Act amended.

Term of officers first elected.

Regular term;

(Senate Bill No. 65.)

CHAPTER 65.

AN ACT to amend and re-enact sections ten, twelve, twenty-five, twenty-six, thirty and thirty-one of chapter fourteen of the acts of the legislature of West Virginia, passed February twenty-one, one thousand eight hundred and eighty-seven, incorporating the City of Wellsburg.

[Passed February 22, 1895.]

Be it enacted by the Legislature of West Virginia:

That sections ten, twelve, twenty-five, twenty-six, thirty and thirty-one of chapter fourteen of the acts of the legislature of West Virginia of eighteen hundred and eighty-seven, be and the same are hereby amended and re-enacted so as to read as follows:

10. The officers first elected under this act shall hold their offices from the first Monday in May next succeeding their election until their successors are elected and qualified. The term of all officers elected after the said when it begins. election shall commence on the first Monday in May next succeeding their election. Vacancies in all offices shall be filled by the council of said city until the next city election, at which time the unexpired time of any officer who has died, resigned, or in any manner been removed, shall be filled by election.

Vacancies; how filled.

Who entitled

12. All male citizens of this state who have been to vote; where. bona fide residents of the said city for not less than sixty days next preceding the election and who are qualified voters under the constitution and laws of this state, shall be entitled to vote at all municipal elections held in said city, but only in the ward of which they are residents.

Annual estimate of expenses.

25. As soon as practicable after each annual election said council shall, at a regular session thereof, proceed to make up an estimate of the amount necessary to be levied for such year, to cover all the debts and liabilities of said city which may be due, or which may become due or payable during the year, including the probable expenditures for city purposes, the number and amount of city orders outstanding and unpaid, and the proper

To be entered

Capitation tax.

allowance for delinquent taxes, expenses of collection, and contingencies; but deducting the money in the city treasury available for the payment of charges against said city, the payment of which, in the opinion of council, may be relied on during the year. Such estimates shall, when approved by council, be entered on the on the journal. journal of each branch thereof; and council shall thereupon proceed to levy so many cents on each one hundred Annual levy. dollars of the valuation of the taxable property within said city, according to the last assessment thereof for state and county purposes, as will provide a fund sufficient to pay the amount necessary to be raised for city purposes for such year. The council shall have authority to impose a capitation tax of one dollar on each male person over the age of twenty-one years residing in said city on the first day of April of each year and who is listed for capitation tax on the personal property book made by the assessor of Brooke county for said year, and shall also have authority to collect a tax on all dogs Tax on dogs. in said city. And the council shall also have authority to levy and collect an annual tax upon all real and and per-onal personal property within said city, subject to taxation property: not for state and county purposes, but the taxes so levied shall not exceed one dollar on every one hundred dollars of the valuation thereof. And for all purposes of levy city levies to and assessment of taxes within said city the land and be laid on aspersonal property books for the assessment of lands, made for persons and personal property of said county of Brooke, county purso far as they relate to and cover persons and property within the corporate limits of said city, shall be deemed and treated as the books of assessment of taxable property within said city, on which the council shall make

Tax on real

to exceed what.

sessments

poses.

essary.

its aforesaid levies. And it shall not be necessary for other assessthe purpose of levying taxes within the said city, to ments not necmake any books or lists of assessments of persons or property other than the land and personal property books of the said county of Brooke for the assessment of state and county taxes therein.

city license

26. Whenever anything for which a state license is For what a required is to be done within said city the council there- may be reof may require a license therefor, and may impose a tax quired. thereon for the use of the city. And the council shall On public vealso have authority to impose a license tax on all wagons, hicles. carts, drays, carriages, and other vehicles used in said city in hauling of goods, freight, coal and other merchandise therein, or which are used for hire for hauling authority to passengers or hired for any other purpose. Council grant license to sell spiritushall have the authority within the said city to grant or ous liquors, to refuse license to sell spirituous liquors, wine, porter, table, etc.

Council has

keep billiard

spirituous liq

uors.

No license to

liquors to be granted, except, etc.

What deemed ale, beer, or any drink of like nature, or any drink or mixture which will produce intoxication, or to keep a pool or billiard table, as is now provided by law. And all mixtures or preparations which are known as "bitters" or otherwise, which will produce intoxication, whether they be patented or not, shall be deemed spirituous liquors within the meaning of this section. But no license to sell, offer or expose for sale any sell spirituous spirituous liquors, wine, porter, ale, beer, or any drink of like nature or any drink or mixture which will produce intoxication, or any preparation, drink or mixture mentioned in this section, within said city or within two miles of the corporate limits thereof, unless it be within another incorporated city, town or village, shall be authorized or granted, except as provided in the next section. Council shall require from every person so licensed a bond with good security to be approved by council, in a penalty of not less than three thousand five hundred dollars, payable to said city in its corporate name, conditioned as prescribed in section twenty-two of chapter thirty-two of the code of West Virginia; and council may revoke such license at any time if the condition of said bond be broken, upon ten days' previous notice to the person holding such license. suits may be prosecuted and maintained on such bond by the same persons, in the same manner, and to the same extent, and with like effect, as if the said bond was given under the said section of said code; and all provisions of chapter thirty-two of said code, in relation to bonds therein mentioned, shall be applicable to the bonds required by this section.

Bond of licensee.

Council may revoke such license, when.

Suits on bonds of licensees; what laws applicable to.

refuse to pave,

etc., what to be done.

And

If owner fail or 30. If the owner of any real property next adjacent etc., sidewalk, 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 council to cause the same to be done at the expense of such owner; and the cost thereof may be collected by the marshal 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. Whention, how; who ever a petition is presented to the council signed by the

Power of council to pave streets, etc.

If upon peti

to pay and how.

persons who own lots or parts of lots which have a frontage equal to not less than two-thirds of the frontage of all of the lots fronting or abutting on both sides of any part of a street or alley sought to be paved, the council shall have authority to order such street or alley or part thereof to which the said petition applies, to be

paved with cobble stone, brick or other suitable paving material, or to be macadamized, 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 shall be assessed

paving, etc:

who to pay.

one-third:

entire cost.

as follows: Two-thirds of such cost shall be assessed Cost of such to the owners of lots or parts of lots fronting or abut- how assessed ting on the street or alley or part thereof which is paved, in the proportions 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 or part of street or alley which is paved. The one-fourth of the amount so assessed to said lot When to ke paid. 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 instalments, payable at such time as council may by ordinance prescribe. The other third of the cost of such paving City to pay shall be paid by the city; and the intersection of all when to pay streets and alleys and street with alleys, shall be paved or macadamized at the sole expense of the city. But no Not less than part of a street or alley less than one block in length paved. shall be paved or macadamized under the provisions of this section. The costs of such paving or macadamizing Costs of paving which may be charged against any lots or parts of lots lots, when. shall be a lien thereon, and may be enforced by suit in equity in any court having jurisdiction thereof; or such costs or any instalment thereof may be collected by How enforced. action in any court or before any justice having jurisdiction thereof. The money collected by virtue of this Money so colsection shall be in addition to the money collected by used. said city for other purposes, and shall be used for no other purpose than those provided for in this section; Use for other and the use of such for money other any purpose may be be restrained. restrained by injunction at the suit of any one or more of the taxpayers of said city.

one block to be

to be a lien on

lected, how

purpose may

ers, duties and

taxes payable.

be granted un

31. It shall be the duty of the marshal to collect the Marshall; powtaxes, fines, licenses, levies, assessments and other reve- liabilities of. nues of said city. All licenses shall be payable at the When licensetime the license is granted, and shall be paid to the mar- No license to shal at that time; and no license shall issue until the til tax paid. license tax therefor is paid to the marshal. All taxes, levies and assessments may be distrained for by the When taxes, marshal after the first day of November of each year; sessments may or at any time before that day, if the goods or chattels be distrained of the person assessed for taxes are about to be removed from the county of Brooke; and the marshal shall have Where marshal power and authority to make a levy for taxes due the levy for taxes.

levies and as

for.

may make a

sale for taxes.

Marshal to

have the same authority as

sheriff, when.

Interest on taxes.

Power of mar

Distraint and city anywhere within the county of Brooke. The marshal may distrain and sell property for taxes and assessments in like manner and with like effect as the sheriff of a county may distrain and sell property in the collection of state and county taxes; and said marshal shall have in all other respects the same power to enforce the collection and payment of taxes, fines, licenses, levies, assessments and other revenues as such sheriff now has or may hereafter have to enforce the payment and collection of state and county taxes. And on all taxes which are not paid by the first day of February next succeeding the year for which they are assessed there shall be charged and collected interest at the rate of six per cent. per annum. The marshal shall have all the rights, powers and privileges within the said city, in regard to the arrest of persons and the execution and return of process, that can be legally exercised by a constable therein; and he shall be entitled to the same comHis compensa-pensation therefor; and he and his sureties shall be liable to all the fines, penalties and forfeitures that a constable Penalties, etc., is liable to for any failure or dereliction in office, to be recovered and enforced in the same manner and in the same courts in which fines, penalties and forfeitures are now or may hereafter be recovered and enforced against constables. The marshal shall before entering upon the duties of his office, execute a bond, conditioned according to law, with surety to be approved by council, payable to the city, in such penalty as council may prescribe, but not less than eight thousand dollars.

shal as to arrests; and pro

cess.

tion

bility.

against marshal, how enforced, etc.

Rond of m: rshal.

(Approved February 22, 1895.)

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

(House Bill No. 195.)

CHAPTER 66.

AN ACT to allow the town of Harrisville to borrow money, issue and sell bonds for oil and gas purposes, to operate oil wells, gas wells, etc., to lay gas lines in said town, and manage and operate the same.

[Passed February 19, 1895.]