to offenders compelling him to labor without compensation upon any of the public works or improvements undertaken by the city, or upon any work upon which the city may employ labor, for which he shall receive such commutation per day, to be fixed by the council, as is allowance allowed by laborers regularly employed, until such so laboring. fines, costs, and costs of maintenance, shall have been fully paid: provided, that no person shall be compelled number of to labor as aforesaid for more than thirty days for any one offence. days limited. appeals from judg Appeals shall lie from the judgment of the mayor to the circuit court of Monongalia county, under the ment of mayregulations prescribed by law. Powers and Duties of the Recorder. or. form duties of mayor, when. 30. It shall be the duty of the recorder to keep the Recorder. journal of the proceedings of the council, to have charge and preserve all records and archives of the his duties. city, and to perform such other duties pertaining to his office as the council may prescribe. In the ab-max persence of the mayor from the city, or in case of his sickness or disability to act, or during any vacancy in the office of mayor, the recorder shall perform the duties belonging to the office of mayor and for that purpose shall have and possess all the powers of the mayor. The Police Officers. lice; his pow ers. 31. The chief of police shall be ex-officio a con- Chief of postable within the corporate limits of his city. He may execute any writ or process issued by the mayor or a justice of the peace at any place in Monongalia county. He 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 the execution and return of process, that can be legally exercised by a constable of the district in which the said city is situated, and he and his-his liabili sureties shall be liable to all the fines, penalties, and forfeitures that a constable of a district is liable to, for any failure or dereliction in his office, to be recovered in the same manner and in the same courts that the fines, penalties, and forfeitures may be recovered against such constable. All special police -special officers shall have and possess all the powers, rights, their powers. ties. police officers; -may not give bond, when. Council; right of to con demn real and how. and privileges of a constable of the district within the corporate limits of the city, in regard to the arrest of persons, and the execution and return of all criminal writs and process issued by the mayor; but the council may exempt them from giving the bond required of constables. Right to Condemn Real Estate. 32. The council shall have the right to institute proceedings in the name of the city for the condemnaestate: when tion of real estate for the use of roads, streets, alleys, drains, public buildings and grounds for the use of the city; and the manner of procedure shall, as nearly as practicable, conform to the provisions of -expense of chapter forty-two of the code, and the expense thereof shall be borne by the city. Acts repealed. -what not changed or modified, except, etc. City succeeds to all rights of the towns Repeal of Certain Acts. 33. All acts and parts of acts which are in conflict and inconsistent with this act, are hereby declared inoperative in so far only as they are in conflict or inconsistent with this act. And this act shall not be construed to repeal, change, or modify any previous act, not inconsistent with this act, authorizing the said town of Morgantown, the town of South Morgantown, the town of Greenmont, or the town of Seneca, to contract debts, or borrow money, or to take away any of the powers conferred upon any of said towns, or upon the council or any officer thereof, conferred by genral law, except so far as the same may be inconsistent with the powers conferred by this act. Rights and Liabilities of the City. 34. The said city shall succeed to all the rights and liabilities and liabilities of the said town of Morgantown, the incorporated. town of South Morgantown, the town of Greenmont, and the town of Seneca. It shall be liable for all the debts and obligations of the said several towns the same as if the bond or other evidences of indebtedness were issued in the corporate name of the city. Ordinances. ued in force. 35. The ordinances in force in the town of Morgan- What orditown, on the first day of May, one thousand nine hun-nances contindred and one, so far as they are not inconsistent with this charter, shall continue in force as ordinances of the city of Morgantown until amended or repealed by the council of said city. (House Bill No. 292.) CHAPTER 145. AN ACT to amend and re-enact and to reduce into one act the several acts incorporating the Town of Mannington, in the county of Marion, defining the powers thereof and describing the limits of said Town, and incorporating the City of Mannington in said Marion County. [Passed February 16, 1901. In effect from passage. ary 20, 1901.] Approved Febru Be it enacted by the Legislature of West Virginia: nington in name and 1. That the inhabitants of so much of the county City of Manof Marion as is within the bounds prescribed by sec- corporated. tion 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 Mannington," corporate and as such shall have perpetual succession and a powers. common seal, and by that 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. 2. The corporate limits of said city shall hereafter Corporate be as follows: Beginning at a sugar tree on the east bank of Buffalo creek below Burt tannery, an old corner, thence down the east side of said creek S. 54 E. 20 poles to a sycamore, S. 60 E. 28 poles to a stone, S. 75 E. 26 poles to a sycamore, N. 85 E. 32 poles to a willow, thence leaving the creek and crossing the railroad and pike, N. 5 W. 34 poles to a stone on the east side of Marion street, thence with east side of same N. 9 W. -corporate limits, continued. Wards. -first. -second. -third. Municipal horities. 24 poles to a stone, thence through lands of the Mannington development company N. 13 W. 64 poles to a post corner to lands of Dr. M. F. Hamilton and through the same N. 12 W. 37 poles to a maple on a point, thence through lands of said Hamilton, Rymer's and Erwin's N. 20 W. 66 poles to a stone in line of J. Blackshere's heirs and with their line N. 53 W. 17 poles to Knott's land and with their line N. 45 W. 243 poles to a walnut tree, thence through land of Simon's N. 84 W. 29 poles to east end of stock loading pens, thence crossing the railroad and down east side of Pyles' Fork creek S. 36 W. 32 poles to a stone, S. 10 W. 16 poles crossing the creek to a stone by the country road, thence crossing the road N. 89 W. 10 poles to a white oak tree, thence through lands of U. A. Clayton and Koen heirs N. 87 W. 41 poles to a walnut tree, thence N. 73 W. 42 poles to a stone, thence through Koen's and Furbee's lands S. 32 W. 64 poles crossing the pike to a white oak tree on the bank of Buffalo creek, thence crossing the creek S. 33 W. 20 poles to a willow, thence up the creek through the lands of M. J. Hough S. 16 W. 14 poles to a willow, thence leaving the creek S. 41 E. 16 poles to a small gum, thence S. 11 E. 31 4-10 poles to a crab apple tree, thence through lands of T. F. Koen and J. T. Koen N. 72 E. 443 poles to an ash tree by stone quarry, thence N. 61 E. 40 poles to a stone in line of town lots, thence S. 31 E. 32 poles to a linn tree an old corner, thence through lands of J. T. Koen S. 21 E. 46 poles crossing the Clarksburg pike to a stone corner to Thomas Smith's land and with same S. 53 E. 30 poles to a stone by Buffalo creek, thence crossing the creek S. 691 E. 38 poles to the beginning. 3. The territory of said city shall be divided as follows: First Ward: All that portion of said city lying on the north-east side of Buffalo creek and Pyles fork creek. Second Ward: All that portion of said city included in the forks of Buffalo creek, or between Pyles fork creek and upper Buffalo creek. Third Ward: All that portion of said city lying on the south side of Buffalo creek. 4. The municipal authorities of said city shall consist of a mayor, and six councilmen, who together form. shall form a common council, and who shall receive and what to such compensation as the council shall from time to compensatime determine, and which shall not be increased nor diminished during their term of office. tion. 5. All the corporate powers of said corporation Corporate shall be exercised by said council or under their au- Powers who thority, except when otherwise provided. to exercise. at the Qualification of mayor, 6. The mayor, recorder and councilmen time of their election shall be free holders in said city, recorder and and shall be entitled to vote for the members of the councilmen. common council of said city as residents and legal voters therein. and council 7. There shall be a chief of police, city attorney, officers other superintendent of streets, commissioner of of water than mayor works, city physician, assessor, three auditors, city men. collector and treasurer, city surveyor and recorder of said city, who at the time of their election or appoint- qualificament shall be entitled to vote for the members of its tion. common council. The city attorney, city physician -appointive and city surveyor shall be appointed by the common council, to hold their respective offices for the term -term. of one year from the first day in April, or until their successors shall have been appointed and qualified. offices. 8. On the second Monday in March nineteen hun- Election of dred and one, and on said day of every succeeding officers. year, there shall be elected by the qualified voters of said city a mayor, city collector, chief of police, three auditors and city recorder, who shall hold their respective offices for one year and until their successors -term. shall be elected and qualified. how determined. 9. On the same day two members of the council Election of shall be elected in each ward in said city who shall councilmen. reside in the ward for which they are elected, and the candidate receiving the highest number of votes shall be elected for two years, from the first day in terms and April, succeeding his election, and the candidate receiving the next highest number of votes shall be elected for one year from the first day in April sueceeding his election. And on the same day of each succeeding year one member of the council shall be elected in each ward in the said city whose term of office shall be for two years from the first day in April |