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CHAPTER 3.--An ACT to provide for selling a part of a
Passed February 1, 1871.
The trustees of the Methodist Episcopal Church South, in Buckhannon, Upshur county, West Virginia, are hereby authorized to sell and convey a part of the lót on which said church stands.
CHAPTER 4.-An ACT to amend and re-enact the Charter
and extend the corporate limits of the town of Philippi, in the County of Barbour.
Passed February 1, 1871. Be it enacted by the Legislature of West Virginia : Corporate 1. The corporate limits and boundaries of the town of limits.
Philippi, Barbour county, West Virginia, shall be as follows: Beginning at the mouth of Anglin's Run, and running up the same, with the meanderings thereof, to a Red Oak tree standing in an alley between lands fo Lewis Wilson and lands formerly owned by Henry A. Barron; thence with said alley to the Beverly and Fairmont turnpike road; thence crossing said road with a line of lands of Wm. P. Keyes, Lewis Wilson and Edward F. Grant to a stone bridge on the left hand branch of said run; thence to the top of the ridge above the coal bank of David F. Byrer; thence with the ridge to a corner of lands of Lair D. Morrell and Samuel Woods, in a low gap of said ridge ; thence with the ridge on the lines of said Morrell's land to the Valley River; thence up said river, with the meander
ings thereof, to the beginning. Municipal 2. The municipal authorities of said town shall be a authorities. Mayor, a Recorder, and three councilmen, who, together,
shallform a common council. Town incor
3. The Mayor, Recorder and Councilmen, as soon as porated.
they have been elected and qualified, as hereinafter provided, shall be a body politic and corporate, by the name of
“the town of Philippi,” and shall have perpetual succession Corporate
and a common seal, and by that name may sue and be powers. sued; may appoint a town sergeant, a treasurer and com
missioner of the revenue, such to continue in office during its pleasure.
4. The Mayor, Recorder and Councilmen shall be elected Term of of
by the male tax-payers of said town, and shall hold office
for the term of one year, and shall be residents of said town. First election
7. The first election under this act shall be held on the
art of: .
ment of terms of of.
lot. Tie: How
1st Monday in April, 1871, at the Court House in said
persons elected; and their term of office shall commence on the second Monday after their election and continue until their fice. successors are qualified.
Vacancies in 6. The common council shall have power to fill by appointment the vacancies occurring in its own body, or in the office of mayor or recorder.
Vote by bal7. All elections shall be by ballot, and in case of tie, the
decided. Con council shall decide between the candidates, and shall also tested elechear and determine all contested elections.
Oaths of of 8. The officers herein mentioned shall each within ten
fice. days after receiving the certificate of his election, take and subscribe an oath that they will truly, faithfully and impartially discharge the duties of their said offices, respectively, so long as they continue therein. The recorder shall take such oath before some person authorized to adminis- Before whom ter the same, and shall thereupon be authorized to admin- taken. ister the same to the other officers, and shall keep a record thereof in the journal of the council, and if any of these Failure to officers shall fail within ten days so to qualify, his office qualify. shall be vacant.
Quorum. Sal. 9. A majority of the council shall be a legal quorum for aries; how the transaction of business, and may fix the salary of all fixed. town officers.
irn of as fal
d to der
je : her,
10. Upon the call of any member, the yeas and nays on
nays. any question shall be called and recorded in the journal. The proceedings of every meeting shall be signed by the Journal of person presiding, and the record of all proceedings of the council. council shall be open to the inspection of the voters in the town.
11. The council, so constituted, shall have power within Powers of said town to lay off, alter or improve streets, alleys or walks ; to regulate the width of the same and to keep them in order; to abate anything which, in the opinion of a majority, shall be a nuisance; to provide for shade and ornamental trees, and against fire and contagious diseases; to provide a revenue for the town, and appropriate the same; to make an annual assessment of taxable persons and property of the town; to adopt rules for its own government and the transaction of business; to appoint a sergeant, commissioner
of the revenue and treasurer, and other officers if necessary,
may use the jail of said county for its purposes.
all male persons within said town over twenty-one years of
all real estate and other subjects in said town at the time, assessed with State taxes: Provided, the tax do not exceed one dollar on erery hundred dollars of value of real and personal property, or two dollars per head on each tax
shall in all respects have the same power to enforce the pay-
14. The mayor shall be the chief executive officer of the town ; shall be ex-officio a conservator and justice of the peace, and shall, within the town, exercise all the powers and duties vested in justices.
15. The recorder shall keep a journal of the proceedings of the council; shall have charge of and preserve the records of the town, and in the absence or disability of the mayor, shall be vested with his powers, so far as to hear and determine all cases affecting the government of the town.
estate for taxes.
16. The treasurer shall have charge of all money be- Treasuror. longing to said town, and shall pay the same out on the order of the council, countersigned by the mayor and recorder, and not otherwise; and for any default or liability on the part of the sergeant or treasurer, the council, in the corpcrate name of said town, may, on motion, after ten days notico, obtain judgment before the Circuit Court of sergeant or
against the Barbour county, on account therefor, against them and treasurer. their securities, respectively, or any or either of them, or their heirs or legal representatives. 17. There shall be a lien on real estate for the taxes as
Lien on real
18 The said town and persons and property therein, shall Exemption
CHAPTER Ö.-AN ACT changing the times of holding the
Passed February 1, 1871.
Court in counties of the Twelfth Judicial Circuit of this State, shall hereafter be as follows:
For the county of Cabell on the second day of May, Au- C'abell, gust and December.
For the county of Wayne on the eleventh day of March, Wayne,
For the county of Logan on the fourth day of April, June Loya, and October.
For the county of Boone on the tenth day of April. June Boote. and October
For the county of Lincoln on the twenty-fifth day of Lincoin. April, the twentieth day of September, and the twentieth day of November.
CHAPTER 6.-AN ACT authorizing the Trustees of the
Island M. E. Church in the city of Wheeling, to sell and
Passed February 3, 1871.
The Trustees of the Island M. E. Church in the city of seil. Wheeling are hereby authorized to sell their church pro
perty on Wheeling Island, being Lot No. 62 in Daniel
CHAPTER 7.-AN ACT incorporating the town of Middle
bourne in the county of Tyler.
Passed February 3, 1871.
1. The corporate limits of the town of Middlebourne, in
mouth of Gorrell's run on the north side thereof, thence Corporate running a straight line to the north west corner of lot numLimits.
ber eighty-one, as laid down in the original plan of said
turnpike road, and with said turnpike road
to the beginning.
3. The Mayor and Councilmen shall be elected for one Election. Term of of- year by the citizens of said town entitled to vote under this
act, and as soon as they have been elected and qualified, as Town incor- hereinafter provided, shall be a body politic and corporate porated.
by the name of “The Town of Middlebourne,” and shall
name may sue and be sued, implead and be impleaded, may
purchase and hold real estate necessary to enable them the
order, government and welfare of said town.
where otherwise provided. Council.