council of the said city of Beckley in the manner and to the effect hereinbefore provided.

Sec. 28. No person without first having obtained a state license therefor from the city of Beckley shall

(a) Keep a hotel or tavern, eating house or restaurant; or

(b) Carry on the business of a druggist; or

(c) Keep for public use or resort a bowling alley, billiard table, pool table, or any table of like kind or a shooting gallery or skating rink.

Sec. 29. That no person, firm or corporation shall, without first. having obtained a license therefor in the manner and to the effect provided for and prescribed by sections twenty-three and twenty-four.

(a) Sell or offer to expose for sale, or solicit or receive orders for spiritous liquors, wine, porter, ale or beer or any drink of a like nature; or

(b) Carry on the business of distiller or brewer of whiskey, brandy, beer, porter or ale.

All mixtures, preparations or liquids which will produce intoxication, whether they are patented or not, shall be deemed spiritous liquors wherever mentioned and contained in the charter of the said city of Beckley.

Sec. 30. That the city of Beckley shall be and is hereby vested with plenary power to punish any and all persons for the violation. of sections twenty-two, twenty-three, twenty-four, twenty-five, twentysix, twenty-seven, twenty-eight, twenty-nine, and that punishment for violations of any of the provisions of said sections shall be and is as prescribed by the existing laws of the state of West Virginia.

Sec. 31. There shall be a lien on real estate in said city for the city taxes assessed thereon and for all the fines and penalties assessed against or imposed against the owners thereof by the authorities of said city from the time the same are assessed or imposed which lien shall have priority over all other liens except for taxes due to the United States, the state of West Virginia and county and district taxes, and which may be enforced by the council in the same manner provided by law for the enforcement of county taxes; if any real estate within the said city be returned delinquent for the non-payment of taxes due thereon, a copy of such delinquent list shall be certified by the auditor of the state of West Virginia and said property may be sold for city taxes, interest and commission thereon in the same manner, at the same time, and by the same officer as real estate sold

for the non-payment of state taxes; all other liens created by this section may be enforced by said city by suit in equity in the name of the city against the person whom said lien exists.

Sec. 32. The treasurer of said city, before entering upon the discharge of his duties, shall execute a bond conditioned for the faithful performance by him of the duties of his office, and for the accounting for and paying over as required by law all moneys which may come into his hands by virtue of his office, with such surety thereon as shall be satisfactory to the council of said city and the bond aforesaid shall be payable to the said city and shall be in a sum not less than three thousand dollars nor in excess of fifteen thousand dollars, as the council of the said city may by ordinance prescribe. Said treasurer shall be the custodian of all money, bonds, notès, certificates, and all such other evidence of indebtedness to the said city, together with all valuable papers which may come into his hands under and by virtue. of his said office, and he shall be chargeable with and it shall be his duty to collect the city taxes, levies, assessments, fines and penalties under such regulations as the said council of said city may by ordinance prescribe and such treasurer shall have the same power and authority to distrain and sell property for delinquent taxes on personal property levies, assessments, fines and penalties in like manner and to the same effect as authorized and prescribed by the laws of the state of West Virginia for and respecting the collection of state and county taxes and levies; the compensation of said treasurer shall be such as the council of said city may by ordinance prescribe except the same shall not exceed five per centum of the amount of money collected by said treasurer under and by virtue of his said office and in case such treasurer shall fail or refuse to account for and pay over all funds or any part thereof received by him under and by virtue of his said office he shall be chargeable therewith and be held answerable therefor, and if the said treasurer shall fail or refuse to pay over to the proper officers or to the said city any money or funds received by him as aforesaid when required to do so, then the said city shall have the right to sue in its corporate name and to recover the same from the said treasurer on his official bond by an action at law or a suit in equity in a court having jurisdiction in the premises and in the event the amount sued for shall not exceed three hundred dollars the said city may recover the same by an action before a justice of the peace within the county of Raleigh against the treasurer and his sureties or any of them or his or their personal representatives upon giving ten days'

notice in writing of the nature of said claim and of the time of hearing thereof.

The treasurer of said city shall on the last day of each month fiie with the recorder of said city an itemized statement showing his total collections, if any, and disbursements for the preceding month, which said itemized statement shall be verified by affidavit, and said treasurer shall annually on or before the first day of July make settlement with the council of said city as the general laws of the state of West Virginia provide for settlement by the sheriff with the county court; and upon the completion of such settlement all orders surrendered by such treasurer shall be audited and cancelled by the recorder of said city in the presence of the council or in such manner as the council may prescribe, showing that such evidence of indebtedness has been fully paid.

Sec. 33. It shall be the duty of the assessor of said city to make an annual assessment of all real and personal property subject to taxation within said city beginning on the first day of January of each year and to complete said assessment as soon as practical and not later than the first day of April in the year of which such assessment is made, and make report thereof to the council of said city on the first day of April of each year for its adoption, and immediately after said assessment has been filed with the council it shall cause notice thereof to be published for two successive weeks in at least two newspapers of opposite political faith and after said expiration of said. two weeks the council shall hold a meeting for the purpose of hearing and determining the petition of any and all parties being themselves aggrieved by such assessment, at which time the said council shall correct such error as to it may appear to have been made in such assessment and to adopt and ratify the assessment as made and as corrected by said council, if any correction be made.

Sec. 34. The city shall construct and maintain its own roads, streets, and alleys, and said city shall not be required to pay any district road taxes for the construction or maintenance of roads without the limits of said city.

Sec. 35. It shall be the duty of the recorder to keep a journal of the proceedings of the council, to have charge of and preserve all records of the city, and perform such other duties pertaining to his office as the council may by ordinance prescribe. In the absence of the mayor of the city, or during any vacancy in the office of mayor, the recorder shall perform the duties pertaining to the office of mayor

and for that purpose he shall have and possess all power of the mayor. Sec. 36. The chief of police shall be ex-officio constable within the corporate limits of the city, and shall give such bond as shall be required by the council of said city in the penalty of at least one thousand dollars, conditioned as required by law for constables of the county of Raleigh; he may execute any writ or process issued by the mayor or a justice at any place within the limits of said city; and shall have all the powers, rights and privileges within the corporate limits of the city in regard to the arrest of persons, the collection of claims and execution and return of process which may be legally executed by a constable under the state laws and the liability of said constable shall be as prescribed by the general laws of the state of West Virginia.

The powers, duties and liabilities of all police officers within said city shall be as the council of said city shall by ordinance precribe.

Sec. 37. The council of the said city shall have the right to bond the said city for the purpose of paving the streets and alleys of said city and for constructing water works and a sewerage system for the same, and for the purpose of providing hose and other appliances for extinguishing fire, and for any and all public improvements whenever the council thereof may deem improvements necessary; and to refund outstanding bonds at a lower rate of interest, and to issue new bonds for the purpose of increasing the length of the time on any such indebtedness, but the aggregate indebtedness of said city, for all purposes, shall not at any time exceed five per centum · of the assessed valuation of the taxable property therein based upon the valuation of the last assessment next preceding the date of incurring said indebtedness; and the said council shall by taxation provide a fund for the payment of interest on any and all indebtedness of said city and to pay the principal of said indebtedness incurred in the manner aforesaid within the period of thirty-four years: provided that no debt shall be incurred hereunder until the question of a bond issue be submitted to a vote of the people and the issuance thereof authorized by a two-thirds vote.

Sec. 38 The council of said city, except as herein otherwise provided, shall by ordinance prescribe the salaries of all officers, employees and servants of the city.

Sec. 39. The council shall have the power to institute proceedings in the name of the city for the condemnation by the state for the use of roads, streets and alleys, drains, sewerage, public buildings

and grounds, including parks and cemeteries for use of the city, and the manner of procedure shall as near as possible be made to conform to the proceedings provided for in chapter forty-two of the code of West Virginia, and all expense thereof shall be paid by the city except as the court by judgment or decree provides.

Sec. 40. The said city of Beckley shall succeed to all the rights and liabilities of the town of Beckley and it shall be liable for all the debts and obligations of the town of Beckley in the same manner and to the same effect as if such indebtedness had been created by the said city of Beckley.

Sec. 41. That portion of the proposed city of Beckley now within the corporate limits of Atkinsville shall pay off all existing indebtedness, if any there be, and their present officers shall cease to exercise any official duties, except such as may be necessary for the purpose of finishing the business of said town of Atkinsville.

Sec. 42. All ordinances in force in said town of Beckley at the time this act goes into effect so far as the same or any part thereof are inconsistent with this charter are hereby repealed, and all ordinances of said town which are not inconsistent with this charter are hereby retained and shall continue in force within. the said city of Beckley until the same shall be repealed or amended by the said. council of the said city of Beckley

Sec. 43. That the new officers, provided for by this act shall be appointed by the council until the first election provided for by this act.

Sec. 44. All acts and parts of acts of the legislature of West Virginia and all existing laws which are in conflict or inconsistent with this charter are hereby repealed, and chapter forty-seven of the code of West Virginia in so far as the same is not inconsistent with the several provisions of this charter are hereby adopted and made a part hereof.