taxea.

arrest and bring before the mayor all disorderly persons.
He shall execute all process issued by the mayor, collect
all monies required thereby, and shall exercise the duties
of a constable in regard thereto, and receive the same com-
pensation therefor, and his sureties shall be liable to all
the fines, penalties and forfeitures that a constable of a
township and his sureties are liable to, for any failure or
«ereliction in said office, to be recovered in the same man-
ner and in the same courts that the said fines, penalties,

and forfeitures are now recovered against such constables. Lien on real 31. There shall be a lien on real estate within said towa, estate for

for the town taxes assessed thereon from the time the same

are so assessed, and the council may order or require the Sale of real same to be sold or rented by the sergeant at public auction estate delin- for the arrears, with interest thereon, with such per centum quent. as the council may prescribe for charges and expenses

thereof, and may regulate the terms upon, and the time
within which the same may be redeemed. No such sale or

renting shall be ordered until such realty shall be returned Notice of

delinquent, and the sale shall be after twenty days notice sale.

posted at the front door of the court house aforesaid and at
the post office in said town. But all such property shall be
sold subject to the payment of all State, county, and town-
ship taxes that may at the time of sale be properly charge-

able thereon.
Sergeant; his 85. It shall be the duty of the sergeant whenever requir-
duty in reli- ed by the council, to render due account of the taxes, fines,
tion to taxes,
fines, penal- penalties, assessments, and other claims in his hands for

assess- collection, and return a list of such as he shall not have ments and

been able to collect, by reason of insolvency, removal, or
other cause ; to which list he shall make an affidavit that he
has used due dilligence to collect the same, but has been
unable to do so, and if the council shall be satisfied of the

correctness of said lisi, it shall allow the sergeant a credit His con pen

for the amount thereof. He shall receive for his services sation there in the collection and assessments, a compensation to be for.

fixed by the council of not exceeding five per centum on

the amount duly collected and accounted for. He shall Money in his pay over any money in his hands belonging to the town, to hands to be the treasurer at such times and under such regulations as paid over to

the council may prescribe. the treasurer

36. If the sergeant shall fail to collect, account for, and pay over all or any of the moneys with which he may

be against ser-chargeable, belonging to said town, according to the condigeant.

tions of his bond and the orders of the council, it shall be
lawful for the council to recover the same by motion, in the
corporate name of the town in the Circuit Court of the
county aforesaid, or where the sum does not exceed one
hnndred dollars, before a Justice of the county or township

ties,

other claims.

2

Motion

ersons collect

duties Le com

to al e of a ure or

man alties bles

duties

a

tore,

same ce the

ction mtum enses time

in which the same is situated, against the 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.

37. The mayor shall be the chief executive officer of said Mayor; his
town. He shall take care that the orders, by-laws, ordin-powers and
ances, acts and resolutions of the council are faithfully ex-
ecuted. He shall be ex-officio a Justice and conservator of
the peace within the twn, and shall within the same, pos-
sess and exercise all the powers and duties vested by law in
a Justice of a township, except that he shall have no juris-
diction as such in civil cases. He shall have control of the
police of the town and may appoint special police officers
whenever he deems it necessary; and it shall be his duty
especially to see that the peace and good order of the town
are preserved and that persons and property therein are
protected, and to this end he may cause the arrest and de-
tention of all riotous and disorderly persons in the town be-
fore issuing his warrant therefor. He shall have power to
issue executions for all fines, penalties and costs imposed
by him, or he may require the immediate payment thereof,
and in default of such payment, he may commit the party
in default to the jail of the said county or other place of
imprisonment in said corporation, if there be one, until the
fine or penalty and costs shall be paid; but the term of im-
prisonment in such case shall exceed thirty days. He shall
from time to time, recommend to tl e council such measures
as he may deem needful for the welfare of the town. And
he shall charge such fees as may be fixed by the council,
and the council may allow him a salary, and fix the amount
thereof, which shall not be increased or diminished during
the term of service for which he shall have been elected.

38. In the absence from said town, or sickness of the

Mayor pro-
Mayor, or during any vacancy in the office of Mayor, the tein.
Mayor pro tem shall perform all the duties of the Mayor
and be vested with all his powers.

39. The town Clerk shall keep a journal of the proceed- "Town Clerk.
ings of the council, and discharge such other duties as the his duties.
council may prescribe, and shall have charge of and pre-
serve the records of said town.

1

Assessor, his

40. It shall be the duty of the assessor to make an assess-
ment of the property within the town subject to taxation, duties.
substantially in the manner and form in which assessments
are made by the assessor of the county, and to return the
same to the council on or before the first day of May in each
year, and for this purpose he shall have all the powers con-
ferred by law on county assessors.

He shall list the num-
ber of dogs in the town and the names of the persons own-
ing the same, where required by the council so to do, which

1

Monies of the town

to be

urer.

urer.

list he shall return to the council with his assessment of
property made in the same year.

41. All monies belonging to the said town shall be paid

over to the treasurer, who shall not pay the same out expaid to treas

cept upon the order of the council, certified by the clerk

and countersigned by the mayor. Motion

42. If the treasurer shall fail to pay orer all or any against treas monies that shall come into his hands, belonging to said

town, when thereto required by the council, it shall be
lawful for the council to recover the same upon motion, in
the corporate name of the said town, in the circuit court of
said county of Tyler, or where the sum does not exceed one
hundred dollars, before a justice of the township in which
said town is situated, against the treasurer and his sureties
or any or either of them, or his or their legal representa-
tives, after ten days previous notice has been given of such

motion.
Expenses of 43. The expense of maintaining any person committed
persons
mitted to jail to the county jail by the mayor, shall be paid by the town.
how paid.

44. The legal residents of said town shall not be required Residentsnot

to work on the roads outside of the corporate limits thereof, work outside and no taxes or levies shall henceforth be assessed upon or roads, nor to collected from the taxable persons or property, within the

corporate limits of said town, for the construction and re-
therefor.
Supervisors, pair of roads outside of said corporate limits, and the board
no jurisdie- of supervisors of said county, shall not have or exercise any
tion over

jurisdiction within said corporate limits, in relation to the
roads, streets, or alleys.

45. The said town shall proceed without unreasonable Repair of

delay to put its streets, alleys, walks and gutters in good
repair, and shall after that is accomplished, keep the same
in that condition.

46. When the said town shall for one year, fail to comply Charter, how

with the requirements of the preceding section, it shall for

feit all the rights and privileges enumerated in this act. Acts repeal

47. All acts heretofore passed, chartering, or amending the charter of said town are hereby repealed.

be taxed

roads.

streets.

forfeited.

ed.

ent of

e paid at ex clerk

ant

said ll be

CHAPTER 8.-An ACT to amend and re-enact Section 11,

Chapter 103, of the Acts of the Legislature of West Vir-
ginia, passed March 3rd, 1870.

Passed February 3, 1871.
Be it enacted by the Legislature of West Virginia :

Road Sar-
"It shall be the duty of said road surveyors to expose all the veyors, their
county roads, one section at a time, at public sale, to the duty.
lowest and best bidder, commencing on the first Saturday
in April, eighteen hundred and seventy-one, and to con- Sections to
tinue from day to day, if necessary, until all are sold, and be pffered at

sale. every thiee years thereafter, commencing on the first Saturday in April, and continuing, as aforesaid, until all are sold; of which sales at least ten days notice shall be given Notice of by not less than ten handbills posted in the most public places in the township: Provided, that any person pur. Purchaser of chasing a contract or contracts at any sale herein provided contract to for shall give bond, with freehold security, to be approved give bond. by said surveyors, in a sum to be fixed by said surveyors, for the performance of every contract so purchased."

irt of

lone

sales.

hich eties intasuch

fice

ble od

CHAPTER 9.-An ACT to amend and re-enact Sections one,

two and three of Chapter nine, of the Code of West Vir-
ginia, in relation to oaths of office.

Passed February 3, 1871.
Be it enacted by the Legislature of West Virginia:

Sections one, two and three of Chapter nine, of the Code
of West Virginia, are hereby amended and re-enacted so as
to read as follows:

"1. Every person elected or appointed to any office or Caths of of-
trust, civil or military, shall, before proceeding to exercise
the authority, or discharge the duties of the same, take the
following oath : I, A. B., do solemnly swear that I will sup-
port the Constitution of the United States, and the Con-
stitution of the State of West Virginia.”

“2. He shall also, at the same time, take an oath that Oaths of he will faithfully and impartially perform the duties of his officers. office to the best of his skill and judgment.”

3. The first Section shall not apply to the case of a per- To what ofson residing in another State or country who is appointed seetion does a commissioner by the Governor, or designated, pursuant not apply. to law, for any office, agency, or service, to be performed out of this State.

thence up

CHAPTER 10.-An ACT to amend the Charter and extend
and prescribe the limits of the City of Wheeling.

Passed February 3, 1871.
Be it enacted by the Legislature of West Virginia:
Corporate
limits. 1. The corporate limits and boundaries of the city of

Wheeling, in the county of Ohio, shall be as follows: Be-
ginning on the east side of the Ohio River, at the Northeast
corner of the Johnathan Zane survey, in Washington town-
ship, Ohio county, now corner of lands belonging to the
estate of Hugh Nicholas, dec'd, and the Wheeling Iron
Works Company; thence with the original Zane line called
S. 27 East to the ash corner of the Steinrod survey, near
Coal Run; thence down Coal Run to Wheeling Creek, and

said Creek to the mouth of Stack Yard Hollow;
thence in a direct line Southward to a double Locust cor-
ner on the top of the hill in the line between the Steinrod
and Reily estates; thence in a direct line Southwardly to
the mouth of George's Branch, in Caldwell's Run; thence
South to the Ohio and Marshall county line, and with the
same Westwardly to the Ohio and Marshall county stone,
near the river bank; thence crossing the Ohio River, by a
due West course, to the line between the States of West
Virginia and Ohio, and with said line Northwardly to the
North side of Hanover street, in the town of Martinsville,
or Martin's Ferry, Belmont county, Ohio; thence in a

direct line and crossing the river to the place of beginning. Powers, du- 2. The powers, 'duties and obligations of the municipal ties and ob-authorities of said city shall be and remain as prescribed by ligations of the munici

the laws now in force, in relation thereto, and shall herepal authori- after extend to and be exercised within the boundaries ties. specified in Section one of this Act, except when inconsis

tent with this Act.

The rights 3. The money, taxes, real estate, rights in action, de-
and property mands, and property of whatever nature, and the papers,
of South
Wheeling

documents and records belonging to the said town of South vested in the Wheeling are hereby transferred to and vested in the city city of

of Wheeling, as its successor, as fully and effectually as Wheeling

as they now do in said town. Eighth ward

4. Until otherwise provided, all that part of the territory established. described in the first Section of this Act, which lies within

the Township of Ritchie, shall be a separate ward, and shall

be styled the eighth ward, in which an election shall be First election held on the first Monday in April next, at such places

therein as the Mayor of said city shall designate, and in
the manner prescribed by the laws and ordinances of the

city for similar elections. At the said time and place there Officers elec

shall be elected by the qualified voters of said Township of
Ritchie, residing within said ward, two (2) citizens thereof

therein.