his duties. 33. It shall be the duty of the city solicitor to ap- City solicitor; pear as attorney or counsel for the city in all actions at law or suits in equity by or against the same, to prepare all bonds, contracts or written documents, when so required by the council; to be present at all regular meetings of the council, and to give his advice and opinion as to all legal matters, either in writing or orally, as the council or its committee may at any time require. cian; his to medicine. 34. The city physician shall, whenever required city physi by the mayor or other city official having authority, duties. attend in his medical capacity and prescribe for all indigent and poor persons who are sick or otherwise physically disabled, and who may be pecuniarily unable to employ a physician. He shall also attend all sick and disabled persons who may be confined in the city jail or other place of imprisonment, and prescribe for them as their necessities may require. He provision as shall furnish all drugs and medicine to the persons so attended by him, not to exceed the aggregate amount allowed by the council, and which shall be refunded to him. He shall report monthly to the council his expenditures hereunder, and of other matters which may be required of him by the council. He shall be ex officio chairman of the health committee, if one mittee. shall be appointed by the council; and shall perform -further dusuch other duties in his medical capacity as may be ties. required of him by any ordinance of the city. report. chairman of health com other city 35. The duties of the city engineer, wharf-master, Duties of weigh master, inspector of buildings, lights and officers. water, cemetery sexton, and other officers who may be appointed by the council, shall be fixed by ordinances relating, respectively, to each official. side over council. 36. The council shall be presided over at its meet- who to preings by the mayor, or in his absence by one of the council selected by a majority of the council present. 37. The presence of a majority of the council shall Quorum. be necessary to make a quorum for the transaction of business. proceedings; 38. The council shall cause to be kept in well Record of bound books by the city clerk, an accurate record of what to conall its proceedings, by-laws, orders and resolutions, tain. which shall be fully indexed, and open to the inspec- inspection tion of any one who is required to pay in tax to said of. corporation. Proceedings; correcting, etc., of. -ayes and noes. Mayor's vote. Council; powers of, as to -sewers, etc., and, -public buildings, 39. At each meeting of the council the proceedings of the last meeting shall be read and corrected if erroneous, and signed by the presiding officer for the time being. Upon the call of any member, the ayes and noes on any question shall be taken and recorded in the journal, and the roll shall be called alphabetically. 40. The mayor shall have a vote only in the case of a tie. 41. The council shall have the power within the said city to construct sewers and other improvements, and also to lay off, open, close, alter, curb, pave and -streets, etc. keep in good repair roads, streets, alleys, sidewalks, drains and gutters, for the public use and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width -sidewalks, of sidewalks, on the streets, and to order the sidewalks, foot-ways and gutters to be curbed and paved and kept in good order free and clean, by the owners or occupants thereof, or of the real property next -purchase of adjacent thereto; to purchase, or otherwise procure, so much land as they may deem necessary for the erection of a city hall, and other building purposes for the use of said city, and for such other uses as the said council may, in its discretion, see proper to devote to the same; and to contract for, build, enlarge and improve said buildings, and to lease, for such time and upon such terms as the said council may deem expedient, any such building or buildings to the county court of Cabell county, to be used as a court house, clerks offices and jail; and to enclose, ornament and take care of all such buildings; to establish and regulate markets; to prescribe the time of holding the same, and what articles shall be sold only in such markets; to prevent injury or annoyance to the public or individuals from anything dangerous, of -hogs, cattle, fensive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from going at large in said city; to protect places of divine wor- divine worship in and about the premises where held; to abate or cause to be abated anything which, in the opinion of the majority of the whole council, shall be deemed a nuisance; to prohibit any theatrical or other performance, show or exhibition which the council may deem injurious to the morals or good order of the city; to regulate the keeping of gun powder and -markets. etc. and fowls, ship, - nuisances, -theatres. -gun powder, houses, etc., persons and other combustibles; to provide in or near the city, cemeteries, places for the burial of the dead, and to regulate the interments in the city; to provide and regulate the building building of houses and other structures, and for making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for guarding against fire, danger or dangers from fire; to protect persons and protecting property of the citizens of said city, and to preserve property, peace and good order therein; and for this purpose to appoint, when necessary, a police force to assist - police, the chief of police in the discharge of his duties; to erect, or authorize, or prohibit the erection of gas -gas or works or water works in or near the city, to prevent injuries to or pollution of the same, or to the water and healthfulness of the city; to regulate and provide hay coal, for the weighing of hay, coal and other articles sold etc., or for sale in the city, and to regulate the transportation thereof through the streets; to privide a rev- —revenue, enue for the said city, and to appropriate the same to water works, ments, docks, etc., ter, its expenses; to provide for the annual assessment of -assesstaxable persons and property in the city; to establish and construct buildings, and wharves and docks on wharves, any ground which does or shall belong to said city, and to repair, alter or remove any building, wharf or dock which has been or shall be constructed; and to levy and collect a reasonable duty on vessels coming wharfage, to or using the same; and it shall have the power to pass and enforce such ordinances as shall be proper to keep the same in good order and repair; to preserve peace and good order in the same, and to regulate the manner in which they shall be used; they shall —wharfmashave the power to appoint as many wharfmasters for said city as shall be necessary, to prescribe their duties, fix their fees, and make regulations in respect to such officers as they may deem proper. The coun--persons in cil shall provide for the employment and safe keep- payment of ing of persons who may be committed in default of fines, etc., the payment of fines, penalties or costs under this act, and who are otherwise unable to discharge the same, by putting them to work for the benefit of the city; and to use such means to prevent their escape, while at work, as they may deem expedient; and shall keep on hand all necessary tools, implements, fixtures and facilities for the immediate employment of any and all such persons, and shall fix a reasonable rate per diem as wages to be allowed to any such person default of -city clerk, -rules, etc., until such fine and cost against him are discharged; and the city clerk shall keep an account of all fines, and penalties so collected and expended; to adopt rules for the transaction of business, and for the gov ernment of its own body; for all of which purposes, -Jurisdiction, except that of taxation, the council shall have jurisdiction, when necessary, for one mile beyond the corporate limits of said city, excepting any other munici pal corporation within said one mile limit. -the poor, -by-laws, ordinances, etc.. -fines, penalties, and im prisonment, -how such fines, etc., recovered, etc.. -use of jail. Appropriations, contracts, and ordinancs. Annual esti mate before And the council shall have power to provide, by taxation or otherwise, for the maintenance of the poor of the city, and contract with the overseer of the poor of Cabell county, to keep and maintain the poor of said city, upon terms to be agreed upon between the council and the overseer of the poor of said county. To carry into effect these enumerated powers conferred upon the said city or its council expressly or by implication, by this or any future act of the legislature of this State, the council shall have the power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the constitution and laws of this State, and to prescribe, impose and enact reasonable fines, penalties and imprisonment in the county jail or such other place as they may provide, for a term not exceeding thirty days for violation thereof. Such fines, penalties and imprisonments shall be recovered and enforced under the judgment of the police judge of said city, or the person lawfully exercising his functions. And the authorities of said city may, with the consent of the said county court entered of record, use the jail of the said county of Cabell for any purpose for which the use of a jail may be needed by them, under the acts of the council or of the State. 42. No money shall be appropriated by the council, and no contract on behalf of said city shall be entered into or authorized, nor shall any ordinance be passed unless two-thirds of the members present when the question is put concur therein; or unless the same be concurred in at two successive regular meetings of the council, held at different dates, by a majority of the members present at each meeting. 43. The council of said city shall annually, before levy: what to levying taxes provided for and authorized by this act, through such committees as it shall direct, ascer show. tioned before tain the total expense of said city to be provided for by said levy for the fiscal year in which said levy is made; and it shall ascertain the sum of money necessary to pay interest accruing on the bonded indebtedness of said city, and what amounts it shall expend for the support of its various departments, and for the improvements of its streets, alleys, avenues and public grounds, or for its contingent expenses; and rate apporbefore making such levy it shall apportion the rate levy. thereof among the several funds so ascertained and provided for, which said apportionment shall be spread ment spread upon the records of said council, a copy of which, to- on records. gether with all other matter pertaining to the finan--annual pubces of said city, shall be annually published by direction of the council, at the time of making such levy, in at least two newspapers of said city and of opposite politics; and the funds raised by such levy shall be-use of used for no other purpose than that for which it shall stricted. be directed by the apportionment aforesaid, and the use of such funds for any other purpose may be re-injunction. strained by injunction upon a bill filed by any one or more of the taxpayers of the said city. lication. funds, re levy and col rate. 44. The council shall have authority to levy and Annual tax: collect an annual tax on real estate, personal prop- lection of. erty, tithables and dogs in said city, and upon all other subjects of taxation under the several laws of the State, including bank stock, whether owned by persons residing within the limits of said city or not; gas companies, building associations loaning money, and all other incorporated companies: provided, said limit to tax does not exceed one and one-fourth per centum of the assessed value of said property, of the sum of two dollars upon every tithable therein, and not exceeding in other respects the amounts for which the same subjects are taxed for State purposes, which to be unitaxes shall be uniform with respect to persons and property within the jurisdiction of said city, and shall only be levied on such property, real, personal and mixed, and on capital, on which the State imposes a tax. form. fusal to pay then. 45. In case any person shall neglect or refuse to Neglect or repay in whole or in part any tax lawfully levied upon tax, what him or her for the benefit of said city, on or before the first day of January next after the assessment thereof, such person or persons shall be chargeable with interest upon the amount of said taxes at the rate |