ACTS OF 1908.

Extra Session.

(Senate Bill No. 37.)

CHAPTER 1.

AN ACT to amend and reenact and reduce into one the several acts and certificates incorporating the "Town of Beckley," and describing the limits of said town.

[Passed February 14, 1908. In effect ninety days from passage. Became a law without the approval of the Governor.]

18.

21.

22.

23.

24.

25.

26.

SEC.

27.

28. 29.

.30.

31.

32.

33. 34.

County court to have power to re-
fuse license granted by the city
of Beckley.

all

For what a state license required.
For what a city license required;
and how obtained; what deemed
spirituous liquors.
City vested with plenary power to
punish all persons for violation
of certain sections.
Lien on real estate for city taxes:
liens to have priority over
other liens; except; delinquent
lists to be certified by the audi-
tor; property returned delinquent
to be sold for city taxes.
Duties of treasurer.
Duties of city assessor.
City to construct and maintain its
own roads, shall not be required
to pay district road tax without
limits of city.

35. Duties of recorder.

SEC.

38.

39.

40.

for paving, etc., aggregate indebtedness of city not to exceed five per centum of the assessed valuation of taxable property; to provide a sinking fund; question on bond issue to be submitted to vote of the people.

Council to prescribe salaries of officers, except, etc.

Council to have power to institute proceedings in the name of the city for the condemnation by the state for the use of roads, etc. City of Beckley shall succeed to all the rights and liabilities of the town of Beckley; shall be liable for all debts of the town of Beckley.

41. Atkinsville to pay off all existing indebtedness; Atkinsville officers shall cease to exercise any official duties, except, etc.

42.

43.

44.

Inconsistent ordinances repealed; ordinances not inconsistent to remain in force.

New officers to be appointed by council until first election. Inconsistent acts repealed.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That the inhabitants of so much of the county of Raleigh as is within the bounds prescribed by section two, of this act, and their successors shall be and remain, and they are hereby made, a body politic and corporate by the name of "The city of Beckley," and as such shall have perpetual succession and a common seal, and by the name may sue and be sued, plead and be impleaded, purchase, lease and hold real estate and personal property, necessary to the purpose of said, corporation.

Sec. 2. The corporate limits of said city shall hereafter be as follows:

Beginning where the present corporate limits of the town of Beckley and Atkinsville intersect near the Wildwood cemetery: thence with the present corporate limits of the said town of Atkinsville, including the present town of Atkinsville, to where the said corporate limits of said town of Atkinsville intersect with the corporate limits of the town of Beckley; thence a straight line to Cranberry junction; thence with and including the Paint Creek and Piney River railroad to the corporate limits of the town of Beckley; thence with said corporate limits to a point on said corporate line nearest the reservoir; thence a straight line to the nearest point of the corporate limits of the town of Skelton; thence with said corporate limits in the direction of the former residence of C. M. Calloway, near Little

White Stick to Little White Stick, where the said corporate limits of said town of Skelton leaves said Little White Stick creek; thence down and with Little White Stick creek to the Paint Creek and Piney River railroad; thence a straight line to the forks of the road n John's town; near the Fred Bair store; and thence a straight line to the intersection of the corporate limits of the said town of Beckley and Atkinsville, the place of beginning.

Sec. 3. If at any time the common council of said city shall deem it necessary, they may divide the territory of said city into wards, having regard to the compactness of the territory included in each ward and equalizing as far as possible the population of the several wards; and they may from time to time change the boundaries of the several wards so as to equalize the number of inhabitants of each ward as near as may be: provided, however, that no such change shail be made within ninety days next preceding any election.

Sec. 4. The municipal authorities of said city shall be a mayor, recorder, chief of police, assessor, treasurer, health officer, street commissioner and (until the city shall be divided into wards as provided in section three) five councilmen.

The mayor, recorder, treasurer and councilmen shall be elected by the qualified voters of said city; the other officers named shall be appointed by the common council. After the territory of said city shall have been divided into wards, then each ward shall have one councilman for each three hundred (300) or fraction thereof exceeding one hundred and fifty (150) of its inhabitants, but each ward shall have at least one councilman.

Sec. 5. All the corporate powers and functions pertaining to said city shall be exercised by the common council or under its authority in the corporate name of the city, unless otherwise provided by the state law or municipal ordinance.

Sec. 6. No person shall be eligible to any office in said city, unless he is a qualified voter thereof, nor unless he has resided therein for at least one year next before his election and be a free holder in said city, and if a councilman he shall be a bona fide resident of the ward for which he is elected, and the removal from a ward of a councilman from which he is elected shall vacate his office; and no person shall be eligible to any office in said city unless he is a qualified voter thereof.

.

Sec. 7. The mayor shall be the chief executive officer of said city and shall see that the ordinances, by-laws and resolutions of the

council are faithfully executed; he shall be ca-officio justice of the peace within the city, within the same time, possess and exercise all the powers and perform all the duties vested by law in a justice of the peace; and warrant or other process issued by him may be executed at any place within the county of Raleigh; but such mayor shall not receive any money belonging to the state, or to individuals, unless he shall give bond and security required of a justice of the peace by chapter fifty of the code of West Virginia, and all the provisions of said chapter relative to moneys received by justices shall apply to like moneys received by such mayor.

Sec. 8. The council of said city shall have power to lay off, vacate, close, open, alter, grade and keep in good repair the roads, streets, alleys, pavements, sidewalks, cross walks, drains, and gutters therein, for the use of the public, and to improve and light the same and keep the same clean and free from obstructions of every kind; to regulate the width of pavements, sidewalks, footways, drains, and gutters, to be kept in good order, free and clean by the owner, or occupants of the real property next adjacent thereto; to establish and regulate markets, prescribe the time of holding the same, provide suitable and convenient buildings therefor; prevent injury or annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prohibit or regulate slaughter houses and soap factories within thecity limits or the exercise of any unhealthful or offensive business, trade or employment; prohibit all nuisances within the city limits, or to require and compel the abatement or removal thereof, by or at the expense of the owner of the ground on which they are placed or found; to cause to be filled up, raised or drained by or at the expense of the owner of any city lot or tract of land covered or subject to be covered by stagnant water; to prevent horses, hogs or sheep or other domestic animals or fowls of all kinds from going or being at large in said city, and as one means of prevention thereof, to provide for impounding and confining such animals and fowls and upon failure to reclaim for the sale thereof; to protect places of divine worship and to preserve order in and about the premises where such worship is held; to regulate the keeping of gun-powder or other inflammable or dangerous substances; to provide and regulate the building of houses and other structures, and for the making and maintaining of division fences by the owners of adjoining premises, and for the proper drainage of city lots or other parcels of land by or at the expense of the owner or occupant thereof; to provide against damages or danger by

fire; to punish for assault and battery; to prohibit loitering or visiting houses of ill fame, or loitering in saloons or upon streets; to punish for offences committed and forbidden under and by virtue of section seven of chapter one hundred and forty-eight of the code of West Virginia, relating to the carrying of dangerous and deadly weapons; to prevent the operation and maintenance of slot machines and other gambling devices; to prevent lewd and lascivious conduct, the sale or exhibition of indecent pictures or other representation; to prevent and punish for profane swearing; illegal sale of all intoxicating liquors; to protect the persons of those residing or being within the city, and to prevent and punish for all crimes and misdemeanors other than felonies; to build, purchase, or lease and to use a suitable place within or near said city for the safe keeping or punishment of persons charged with or convicted of the violation of ordinances; to provide for the employment of persons convicted of the violation of ordinances or who may be committed in default of the payment of fines, and penalties, or costs and who are otherwise unable to discharge the same, by putting them to work for the benefit of the city, and to use such other means to prevent their escape while at work as they may deem expedient; to require, erect or prohibit the erection of gas works, electric light works, or water works within the said city limits; to prevent injury to such works or the pollution of any gas or water used or intended to be used by the public or individuals, and to do all things necessary to adequately supply said city and the inhabitants thereof with pure, healthful and wholesome water; to use, generate, distribute, sell, and control the electricity and gas for heat, light, power, and to furnish for the streets, houses, and buildings, and other places in and about said city; to provide a sewerage system for said city; to regulate the speed of moving trains in or through said city; to organize one or more fire companies and to provide the necessary tools, implements, and engines and any of them for their use with respect to the erection and location of all telephone, telegraph, electric light or other poles within the said city, and the extension of wires, lines or poles to any individuals or corporation; to grant and regulate all franchises in, upon, over and under the streets, alleys and public ways in said city, under such restrictions as shall be provided by ordinance, but no exclusive franchise shall be granted, nor shall franchise be granted for a longer period than twenty years; to create by ordinance, such committees or boards and to grant such authority thereto as may be deemed advisable; and to provide a revenue for the