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342.0975 L87

Loomis, G.

Corporation laws of the city of

Parkersburg.

CARNEGIE PUBLIC LIBRARY

OF PARKERSBURG & WOOD COUNTY

725 GREEN ST.

PARKERSBURG, W. VA. 26101

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Do not circulate

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CORrOKATION LAWS

OF THE

CITY OF PARKERSBURG;

INCLUDINl! THE

SEVERAL ACTS OP INCORPORATION

AND ALL OTHER

CTS OF A SPECIAL OR GENERAL NATURE RELATING TO

THE CITY.

TO WHICH ARE ADDED

V VARIETY OF FORMS ADAPTED TO PROCEEDINGS

BEFORE THE RECORDER FOR THE RECOVERY

OF FINES AND THE ENFORCEMENT

OF THE CITY ORDINANCES;

AND ALSO,

i SUMMARY OF THE LAWS DEFINING THE POWERS, DUTIES

AND RESPONSIBILITIES OF THE VARIOUS

CITY OFFICERS,

WITH COPIOUS INDEX .

BY

GEORGE LOOMIS,

C i t y A t t o r n e y .

PARKERSBURG:

Clibbens Brothers, Steiun Print,

-----------------------------------------------------Page 4-----------------------------------------------------

CORPORATION LAWS

OP THE

CITY OF PARKERSBURG;

INCLUDING THE

SEVERAL ACTS OP INCORPORATION

AND ALL OTHER

ACTS OF A SPECIAL OR GENERAL NATURE RELATING TO

THE CITY.

TO WHICH ARE ADDED

A VARIETY OF FORMS ADAPTED TO PROCEEDINGS

BEFORE THE RECORDER FOR THE RECOVERY

OF FINES AND THE ENFORCEMENT

OF THE CITY ORDINANCES;

AND ALSO,

A SUMMARY OF THE LAWS DEFINING THE POWERS, DUTIES

AND RESPONSIBILITIES OF THE VARIOUS

CITY OFFICERS,

WITH COPIOUS INDEX.

BY

GEORGE LOOMIS,

C it y A t t o r n e y .

PARKERSBURG:

Olbbens Brothers, Steam Print.

1874.

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1*1

Entered, according to Aotof Congress, In the year 1871.

BY GEOIIGE LOOMIS,

In the 0111 co of the Librarian of Congress, at Washington,

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P R E F A C E .

To the Mon: The, Mayor and City Council of Parkersburg:

G u n t l k m k n :— I have llio honor to lay before you in printed form the result ol my labor in compiling the laws of this city. I beg leave to sub­ mit a brief explanation of the general arrangement and scope of the work. The several acts of incorporation and acts amendatory thereof, have boon inserted in the order of the dates of their passage. Succeeding these, are the various Acts of Assembly passed, from time to time, affecting the city, some of a special, some of a general character. A dilligent examination has been mado of old statutes, affecting many of our municipal interests, and refer­ ences given to such of them its Were deemed of possible importance, and in some instances, the entire legislation touching subjects that are likely to de­ mand investigation, has been embodied in the work. This feature will af­ ford great aid in researches after information in regard to the matters treated of. The Ordinances have been arranged and classified under appropriate titles, with respect to their subjects, rather than to the dates of their passage; in most cases, however, such dates are given. The tidles arc numbered, and following the subject of the title are the heads of the several chapters that compose the title. At the beginning of each chapter, the subject matter of 'each section composing the chapter is given. JJy this arrangement, almost any subject can S>6 conveniently found by referring to the appropriate title, following the ordinances, is a Summary of the Laws, defining the powers, duties and responsibilities of the various city officers.

The principles of law laid down in this and some other chapters, aro given without citing the various authorities consulted; the object boing to bring together in convenient form and space, some of the woll established and general principles governing the ordinary official acts of municipal offi­ cers.

The Forma given at the end of the body of the work, (with an index to them,) have been carefully prepared, and it is believed that they may be readily adapted by the intelligent officer, to any case likely to arise under the ordinances to which they relate:

The General Index not only refers to every subject treated in the body of the work, but the same subject is, in many cases, referred to under various titles. In future compilations of tho.City Ordinances, it is hoped that the general division of them will be by appropriate Tiilcs , substantially as in this, there bvsocuring great advantages over any previous compilation arranged sim-

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iv                     Preface.

ply with rofeionce to the dates of the ordinances. The present work will be found, no doubt, to contain many defects; hoping that they will be noted from time to time us they are.discovered, to the end that future editions of it may approach a perfection not attained in this; I icspoctfully mbinit it for your consideration and judgment.

GEORGE LOOMIS.

Parkersburg, W. Va., March 2d, 1871.

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CITY OFFICERS

For 1873.

Mayor,

H o n . CHAS. S. DESPAR.D.

Councilmen.

WILLIAM BURK.                J. ED. SMITH.

WM. II. STAHLMANN.           C. B. KIRKPATRICK. HIRAM P. FARROW. THOMAS HUGHES.

W. W. VAN WINKLE.

Clerk,

w m . 11 .   M c K in n e y .

City Attorney.

GEORGE LOOMIS.

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CITY OFFICERS

For 1874.

Mayor .

H o n . WM.   N. CHANCELLOR.

Councilmen.

THOMAS DOLAN.                    F. A. DAVIDSON. J. ED. SMITH.                         J. W. MITCHELL. Dr. M. CAMPBELL.                   G. W. TALLY.

WM. II. STAIILMANN.

Clerk.

R. H. STOUTEN BOROUGH.

City Attorney .

CYRUS IIALL.

ft

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CONTENTS.

Tm.rc No. 1.

Charter $; oni/inal and amended.

Chap. 1. An act inoorporut in..- the Town of J > :irk'OvslKir^

1 ji III i tH Of III

llin'il, Mini' ri® olmoMlnm Prill

ionite; limy sin*, nnd lie sited

N ui!: , «.v , oin::..V‘               , |MUSH

liiii'i ilin, lilllnj; vacancies, 151'1'ur.l I" I"' i*oii-"w.ui>r ul tin i >«- j ». i -

Kitfhfs ul Individuals In slime; nl' Kiser preserved .................................................................... l'lncr I'm holding I'Hcellon I'm' Town Udders ..........................................................................

Chap. 2. The Act of Incorporation ameiidid.

Tilin' fill' holdhit? elect ion of TruMees. Tim Marshal a conservator uf I In* I'a-iU'v. Power nl Trustees I. i > remove iiiilsmices iiin.l 1 1 vy laxiis ..................................... ...................................................................... *................. . li,

Chap. 3. Acts of Incorporation further aineii'leti.

Marshal li.iissni* nl' .•uuhoil/.iid nmi-i'i -idcnl (<> <I1 llaide 11 ;ln Im' I'm' liixr taxes . mi ......................................................... Ini. Art exlcinh il ............................................. ; .................... II,

< ‘ri in I mi! i i i k I pollen powers, nm I dulics 01 a Justice ul Hi" t'e«i*«

III Hlising tltllll 1 II I’N ..............................................................

Chap. I. Limits of Parkcrslnirtf extruded.

“ rtlcphcusnn’K Add It inn" Mildi'll In •■'•r ;.1 • nl • 1 1 tnl!-■ ................... ............................. Autlimit.v in wcrlt-m I .: null 1 m i i u - n t ................................................................. .state's rl;{ht t<: !•:.( I ..i Nn. I 'i W . :, . I I T i l nptke r.;iv.1 .....................................................

Chap. f). The several At'.- of Imorpoi-.iii n reduced into one

nil. Persons I ml oiU'.ihlc .'IS Mayor. I'moil Hi I" .jin la'' III el.eilon .Mayor. Oath l,o he laUen wdliiii IMdnys. Who considered .'us im' Mayui'or 111 (' 111 1 1 <* i ' s . 1 1 Council. Whirl iliiiii' ill ...................... I a lie ml", m' it' t* etUm

-Mi i'iiiiKsiil i 'ouni'il. Win re held. < No iiiiiin'.t I" )»■ n|>{ii*<>|ii aiii'il, nor

........ ...............

V; : li '• I’/       ■' : ; V.°.

I i i' I "i iy 11' 1 1 i i'l J iVl' i Iy

r coni nil

h'dinnnecs may in on forced liy Hues and inhm ........................................................................

:::::::::::

Power of Cmine!I to levy lux, mid punish liy liiiprlMininonl ....................................................

Taxes limy lie (le.slraillnl for. Those mi real ' ' Taxes oonsfllido llmi im i v i '

y open SU'eels, <Ve,,

el eel Town 11 all, »VI n.i'ltel. I

Vlay compel o

1'iiia'iil sal

Aisimoseeun'i'hiaiViiimisaiV uiiisi Iiiieves, InmUais, iV.e...

Also Mi do wlllll Is necessary to pi • I'Ve health .......................................................................... Anil Hcnemlly l.o henellt i lie clliy.eus ................................................................................... -7 [o t'ines amt penalties inniire lo hen, ill nf Town ............................................................................. Ocrlillcd conies nl On II nun c u n I" he e\'|i|i llee ........................................................................

I fieri lull of lleenrdi".', his dill if; , Ac ......................................................................... lo preside at llleel Ill'CS In keep the seal, liill 1"S, Ac ............................................... lone when Mayor, ami I Kijemdoi' uijsciH fi'oiii met Una ........................................ rity to Appoint Wergcaiu ................................ .................................... .........................

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x                        Contents.

Chap. C. Corporate limits of City farther extended.

Extended limits defined. .Jurisdiction of the city over the same. Annexed territory not to bo taxed until laid oil'in streets and lots..., 33 Certain buildings therein not to be taxed. When annexed land to bo taxed as other similar properly. Turnpike within extenlion

relinquished to town on what conditions .......................................................... 31 Exterior line, to he surveyed. Town of Parkersburg to be known as

City of Parkersburg ........................................................................................... 35

Chap. 7. Charter Amended.

Annual elections to ha held same time ns state election. Ballots for

city kept separate .............................................................................................. 35 Wiieu terms of oltlce to begin. Mayor to have veto power .............................. 30

Chap. 8. Charter farther amended.

Certain sections of chapter V. title I. amended, and other sections

added to same Chapter ................................................................................. 30 37 38

Chap. !). Of towns and villages.

Certain sections of chapter 47 of tho Code of West Virginia made to

apply to Parkersburg .................................................................................... 89 to 41

T it l e No. 2.

Legislative acts of a special nature affecting the city.

Chap. 1. An act to discontinue a street ....................................... 41 Chap. 2. References to acts of a special natu.ro in relation to Parkersburg ........................................................... 42 to 46

T i t l e No. 3.

Legislative acts of a more general and permanent nature.

Chap. 1. To turn Pond Run into tho Ohio .River ........................ 47 Chap. 2. To enable tho council to change names of streets.... 49

To oul lmrize council to change location of streets and to establish

uniform grade &v .............................................................................................. 'll) 50

Chap. 3. Authorizing bonds of city to bo loaned for manufac­ turing purposes ...................................................... 51 to 53 Chap. 4. incorporating Parkersburg Bridge Co ...................... 53 54 Chap. 5. Little Kanawha Navigation Co ............................ 54 to 59

T i t l e N o . 4.

Nuisances. Chap. 1. To provent certain nuisances,

Lots covered with stagnant wilier to ho filled .................................................. 00 Penalties for allowing nuisances on streets and alleys ..................................... (il

Chap. 2. For tho correction of certain nuisances.

I' m i I i inli ne: swine and sheep Irani going al large .......................................................................... ill I Toll Dili lug virions an.mill- from going at large ......................................... ................................ 03 Fast i Iding, dangerous gumes Ac., lorhldd.-n .................................................. ............................. 0.3

slaughter of animals lii city prohibited ............................................................................. IH

Chap. 3.

Blowing of steam whistles prohibited ............................................................................................ . til

T i t l e No. 5.

Public Market.

Chap. 1.

Establishing and regulating Public'Market .............................. 05 to 71

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Contents.                          xi

T it l e No. 6.

Taxes,

Chap. 1. To enforce loin for City Taxes.

Lois delimpiont for taxes lo be advertised ........................................................ 72 Lots not sulliclently deseribeil to be surveyed .................................................. 78 Sale or whole, or part of lot to satisfy taxes ................................. ..................... 78 Duty of Sergeant wln>n sale made ................................................................... 71 I low lots sold may be redeemed- in what time ................................................ 71 Deed for lot sold for taxes.— Persons under disability ...................................... 75

Chap. 2. Fixing duties of assessor of taxes.

Assessor to ascertain all properly subject to tax. To report same to council. Required to call upon all persons. Pen ally lor refusing to

give information ............................................................................................... 7(1 When assessor to make out list from best information. Assessor

governed by (JOdeof West Virginia .................................................................. 77

Chap. 3. To regulate collection of taxes and penalties.

Hills to be made out for t axes. What done with them ............................ ......... 77

T it l e No. 7.

.Lamp Posts.

Chap. 1. Penalties for hitching animals to, and for injuries dor/o

to lamp-posts and gas bijrnors ................................................................ •. ....* 78

T it l e N o . 8.

Pumps.

Chap. 1. For protection of public pumps and wells.

Penalties for injuries done to ............................................................................ 7(1

Chap. 2 To protect public pumps ....................................................................................... 80

T it l e No. 9.

Wharves.

Chap. 1. Ordinance amended.

Keeping public wlmrl or landing without license ............................................ s " A pplleal Inn for license lo be made l" Die council .......................................... M Powers of wharf muster. Wharf-bout lo be lie. used ......................... ............... si Lights to lie kept on wharf-bout during I lie night time ................................... 82

Chap. 2. A mandatory ordinance, regulating and establishing

rates of wharfage.

Hates of wharfage. Wharf master to bo appointed .......................................... 8884 Duties mid oat It of olilee. To keep aeeouii! bonis landing. What

done I "iiynien'. of wharfage lie i wfiised ........................................................ *1 85 Willin' lil.-'stei lo iCeep leg. sler. May appoint a dreul.N ................................. Sll May assign position tor bout*. For n gufai In at* ........................................... 86 87 Mr.v assign space on Piedlm: fo: ■■ it i. I'enalt> ............................................. 87 May suppress ilisor.ler. IVaitlv lor resisting nr obstructing ............................. K7 Compensation. Wharf eoillloltlee lo lie appointed ........................................... 88

Chap. 3. Amendatory ordinance.

Wharf master may sell boa I or wilier emit lor non-payment of charges, ltow freight di. sell urged whore, no consignee. City to have

a lien for wharfage ........................................................................................... 88 89

T it l e N o . 10.

Streets, Sidewalks, Gutters and Alleys.

Chap. 1. To remove and prevent obstructions to streets.

Obstructions to must, bo removed by owner .................................................... 90 Penalty for obstructing, liullding material not lo occupy ................................. 91 To be removed after notice. Sweepings and rubbish lo lie removed ‘ y city ................................................................................................................. M

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xii                               Contents.

Chap. 2. To prevent leaving vehicles on streets.

Penally for leaving on street, alley, wharf, or landing .......................... 03

Chap. 3. To inhibit hitching horses, ami standing vohiolos on

the public square.

Unlawful l<> lilleh horses and oilier animals on square ....................... 03 Unlawful lo deface (roes, wilier animals, or injure pump on Public Square ..................................................................................................... 03 01

Chap. 4. To widen "Washington Street.

For what purpose widened ......................................... ........................... 91 95

Chap. 5. Creating office of’ street commissioner,

Term of olllee. Duties. Compensation .................................................. 05 03

Chap. 0. To permit N. W. Ya. iiail K6ad Co. to lay rails along

certain streets.

Permission given, Co. may use Ktoivm power ........................... ........ .07 !W KxHu'lv •• us.-..i ciiiiiii alleys. < oiiKlileral Ion ................................... UK 00 ;:xn esi ii • f Parkersburg Uinneli IC. It. authorised ....................... 'Hj to 102

Chap 7 '■'<> whim Washington Street, and authorize Parkers­

burg Mranc'n It. K. Co to extend track through city

to Ohio Diver. Acceptance ................................................... 102 to 1.07

Chap. 8. Sundry uses of streets, declared offences, and mado

punishable ..................................................................................... 107 1 08

Chap. 0. To provide for paving sidewalks.

Owners required to pave. To lie of uniform grade with street. Duty of supervisor If paving not done ............................................................. 100

Cluip 10. To require cleaning of streols &e.

Duty of property holders. Penalty .......................................................... 110

Chap. 11. Ordinance to widen Washington Street amended

and re-enacted.

It. H. Co.may discharge certain of former acts ...................................... Ill Permission lo lay lemporary track. Wharf at the foot of Oroen S! reel ................................................................................................... Ill 112

Chap. 12. Permitting Gas Co. to construct railway across Green

Street.

Permission given. Penalties for violating provisions .............................. 113

Chap. 13. Permitting Messrs .Jackson & Co to construct rail­

way across Depot Street ........................................................................ 114

Chap. 14. .Regulating speed of railway cars in City.

Speed limited. Penalty. Unlawful for cars to occupy streols ................. 115

Chap. 15.Northwestern Turnpike.

Acts or Legislature in regard to ........................................................ 113 to 11

T it l e No. 11.

City Officers.

Chap. 1. Creating office of Deputy Marshall ......................................................... 120 Chap. 2. Creating office of Weigh Master.

Annual election, bonds, oath, fees, duties, compensation ................. 120 121

Chap. 3. Creating offico of Inspector.

To be appointed annually. To test weights and measures. To mens-, lire vehicles for hauling coal &c. lo measure sawed or hewed Umber,

gauge c&s Its i&c.,,,,, .... ......... I . . . , . . . . i . . . 1 2 2

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Contents.                        xiii

C hap. 4. Duties of Peace Officers.

Special duties of Sergeant on Sabbath days ...................................................... IfB

Penally for resisting. May command assistance. Persons arrested to be taken bolore the ltocordor. Pines ............................................................................. i-i

Clnvp. 5. Town Guard.

To be appointed. Duty. Oath. Compensation .................................................................... 125

Chap. 0. To establish Board of Health.

Power defined ...................................................... ................ ....

To consist of o member*, .'Inollngof. Holes, city divided lulu du­

ll lets. Dlstilei committee .................................. 127

Haoltary police. When nuisance reported ......................................................................... 128

Health oilli-er. Annual election of. Duties... . .................................................... 121 ) To he a physical!. To make report. Compensation ........................................................... I.M)

To prohibit inirodiieiion oi Infections disease* ................................................................ i:it

Chap. 7. Duties of curtain officers defined.

Annual appointment of Kucorder, Treasurer, Clerk. Sergeant, and

Kirn Warden ................................................................................................................. . Duties .of each proscribed ............................................................................................ l‘l-

!:«

Chap. 8. Ordinance creating ollice of Fire Warden, and defi­

ning his duties amended.

Pi re Warden. Appointmonl of. Duties. Authority ........................................................... 1 ; H

('omplaiiit Certain acts made to. forbidden. Peliallles. Compensaiion Penalties for .......................................................... injuring lire apparatus. I 1 ...... ur- !"•'

ther duties ...................................................................................................................... l ;tl1

Cliay. 9. To regulate gauging .................................................... I3G Clmp. 10. To prevent policomon from imposition by false calls. 137

Ordinance to establish and regulate police of City, Council may ap­

point policemen ............................................................................................................... ! ; " Duties. Oath. Sergeant head of police force ..................................................................... l ;w (lily divided Into police districts. Sergeant and Mayor to make reg­

ulations for relief, to llx upon uniform. Duties of police force ....................................... I.D Police not to receive grainIty. Regulations in eases oi lire or riot. Members suspended, dismissed. Mayor may commission special_ police. Persons at her limn policemen mil to wear uniform. Age of

policomon .................................................................................................................... I;!!) 11 1

T it l e N o . 12.

Powder , Oil, and other injlaviable and explosire substances.

Chap. 1. Keeping or storage of powder forbidden.

Powder In uunn titles of more l lmii 50 pounds, not to be kept in City.

Sergeant's duly upon complaint made ................................................................................ 112

Chap. 2. Hauling of powder in City regulated ........................... 143

Explosive and dangerous substances .................................................................... Uli-Ml

T i t l e N o . 13.

Licenses.

Chap. 1. License required to keep wheeled carriage for hire,

Not lawful to keep l'or hire I lack, &c, without license ..................................................... 115 Such vehicles to be registered ............................................................................................ 115 Bond—tax—penalty ol bond -registry number .......................................................... M5-117

Clmp. 2. Raspocting the collecting of liconsos.

License required in certain eases— penalty ..................................................................... M7 Sergeant’s duty li taxon license not paid .......................................................................... MU

Chap. 3. “In regard to” License.

Who required to lake out lh enso—Certificate ................................................................. MS Amount annually levied License to exhibit, show Ac,-penally— ^Sergeant may dostrain—license expires .................................................................... MS-152

Ordinance la-tler to secure lieallh of City ........................................................................ i:ui

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xiv                   Contents.

T it l e N o . 14.

Buildings.

01 iap. 1. Erection of frame buildings on Ann streot forbidden Chap. 2. “ on part of Court street and public square 153,154 Chap. 3. “ on Court street 153,154 Clmp. 4. l: of wooden buildings within certain limits of

the city prohibited.

I limits (.lollpenally—who to pitosooiiU) olt'.'mlor.s ....................................................... 105

T i t l e N o . 15.

Ordinaries and places of public resort.

Chap. 1. Games of chance forbidden at. Drunkenness riot­ ing, lowdness, &e. forbidden ....................................... 150

Sale ol' ill toxical lag drinks on sabbath day, and to apprentices and minors forbidden ......................................................................................................... 15(1 157

T i t l e N o . 16.

City Council .

Time and place of meeting—mode of calling special meet­ ings ........................................................................ 157 158

T i t l e N o . 17.

Fines.

Providing for the recovery of                                158

T i t l e N o . 18.

City Found.

Chap. 1. In relation to city pound, its purpose, policemen keep- pors of ........................................................................... 159

Notice to lie posted ol' animals Impounded ..................................................................... 15!) A llowtf.il6b tor keeping animals—penalty lor iimuithorlzod person entering and taking animals trout ................................................................................ lot) 100

T i t l e N o . 19.

Dogs.

Chap. 1. In relation to dogs.

Annual tax to ho paid on— assessor to report names of owners — false report, to assessor, penalty for fax to lie collected, dogs to wear

collar ............................................................................................................................ 1(H) 1(11 To So mu/./.led during certain months, registered, hydrophobia, al­ lowance to Sergeant for killing ........................................................................................ 1(12

T i t l e N o . 20.

Charges for Hauling.

Chap. 1. Prices for hauling regulated ........................................ 163

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Contents •                      Xv

T i t l e N o . 21.

Gas, Works.

Chap. 1. Erection of gas works.

Exclusive! privileges granted, penalty for unlawful interference. Co. rt'iiuireil to lay pipes upon application, privilegesgranted, work lo

bo commenced, authority to erect works. Hlgltts reserved ....................................... Kil 107

T i t l e No. 22.

Water IVbr/iS.

Chap. 1. City may issue bonds to erect water works—when work to begin—lion oil works .............................. lilt 1GB

Chap. 2. Water works to bo erected.

Citizens to vote, bonds to be Issued, commissioners appointed, leg­ islation, commissioners to report ................................................................... ................. Kill Water lobe taken from Ohio river, bonds and interest coupons re­ ceivable for taxes, sinking lutut separate lax laid, lands to be pur­ chased, proceeds of bonds negotiated, ordinance a part of contract,.. 170

Chap. 3. Provisions for the erection of water works.

Issue of bond's authorized, commissioners to sell bonds, work to

commence when SoO,000 of bonds sold ......................................................................... 171 l'lan tube reported, proceeds of bonds bow deposited, bonds recei­ vable for taxes, lax levied annually, wafer-rents a separate fuitd, lands to be procured. Parts of this ordinance lo constitute eon-

tract ............................................................................................................................. 172 1711

T i t l e N o . 23.

Subscription to North Western Virginia Railroad. Chap. 1. Payment of city subscription provided for.

Provisions to raise money, trustees of sinking fund, sale of cerlIll-

cates of loan, sinking fund .......................................................................................... 17:! 17li

T i t l e No. 24.

Improvement Loan .

Chap. 1. Payment of city certificates provided for.

(Jerlllleatcs to lie issued sufficient lo raise 3100,000 ..................................................... 177 .Sinking fund provided, Trustees loan exempt from tax ................................................. 17.3

T i t l e N o . 25.

Offences.

Chap. 1. Defining certain offences and misdemeanors.

Certain nets declared offences and misdemeanors ..................................................... I'll ISO All ordinances In conlllcl, with the foregoing repealed ............................................ 18.1 181

T i t l e No. 2G.

Summary of laws Ac.                                                    IK!)

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CORPORATION LAWS

OF TI1E

CITY OF PA11KERSBURG.

TITLE No. 1.

CHARTERS;

Original and Amended .

1. An act incorporating tho Town of Parkersburg.

2. An act to amend an' act entitled, “An act to incorpo­

rate tho Town of Parkersburg.

3. An act further to amend the act of incorporation:

4. An act extending tho coporate limits of tho Town of

Parkersburg.

5. An act to reduce into one tho several acts incorpora­ ting the Town ot Parkersburg and define tho powers of said town.

6. An act to oxtond tho corporate limits of tho City of

Parkersburg.

7. Amonding tho charter of Parkersburg.

8. An act to amend tho charter of tho City of Parkers­

burg.

9. Of TownH and Villages. General powers conferred on Towns and Villages heretofore established, although not conferred by their respective charters.

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10               Act of Incorporation.

CHAPTER I.

AN ACT,

Incorporating the Town of Parkersburg

P a s s e d J a n u a r y 22, lS20f

S e c .

1        Limits of tlio Town doflncd and

l imellxod lor choosing President, Recorder and Trustees.

2        Tlie name of the body corporate,

its succession and capacity to ac­ quire ('stale, losuo and lie sued.

8    Until of olllco ; power to appoint,

officers, jiass by-laws and impose lines.

•i Quorum. Filling vacancies.

.} Recorder, to lie a conservator of tlio

peace, with powers of a .lust ice. li Heservlng rights to individuals in tile shores or banks of tin; Ohio* Little Kanawha Rivers.

7 rinee for holdlngelec! ions IdrJTcsi-

dent, Recorder and 'I'rustees. | s Time Ute act takes (meet.

Bo it enacted.by the General Assembly :

§1. That tlio Town of Parkersburg, in the count}' of Wood, as the same has been heretofore laid off, including tlio shores and banks between the front streot of said town, and the Ohio and Littlo Kanawha rivers, shall be, and the same is hereby erected into it town corporate, to bo known and distinguished by the name of Parkersburg; and for tlio better governing and well ordering the affairs of the said town, it shall be lawful for the white male free holders and house-keepers thereof, to meet at some convenient place in said town, on the first Monday in June next, and on the samo day in each and every year thereafter, then and thero to choose, by ballot, seven suitable persons, being freehol­ ders and inhabitants of the.said town, to servo as President, Ko- coi’dor and Trustees of tlio same; and the persons so elected shall, within ten days after such election, proceed to choose out of tlvcir own body, by ballot, a President and Kccordor; and the remaining five persons, in conjunction with tho President and Kccordor, shall act as Trustees of said town, and shall con­ tinue in olllco until their successors aro elected and qualified. §2. ThoPresident,Itocorder and Trustees so eloctod, and their successors in ofllco, shall bo, and aro hereby made a body politic and corporate, by the name of The President, .Recorder and Trus­ tees of the Town of Parkersburg, and, by tho naino aforesaid, shall have perpetual succession, with capacity to purchase, receive, possess and convey any real or personal estato for tho use of said town and shall be capablo in law to sue and bo sued, plead and bo impleaded, in any action or suit boforo any of tho courts of this

-----------------------------------------------------Page 19-----------------------------------------------------

Act of Incorporation.                  11

Commonwealth, or elsewhere ; and it any action or suit, shall at any time bo commenced against the said corporation, the servico of the original or other process, on the President or Recorder alone, shall |j© sufficient. The President, Recorder and Trustees are hereby authorized to havo one common Seal for the uso of the said corporation, and the same to alter at their discretion. § 3. Tho persons elected President, Recorder and Trustees, shall, annually before they enter upon the duties of their res* poctivo offices, talco an oath, or make solemn affirmation, well and truly to perform the duties of their sevoral offices, according to tho best of their skill and abilities; tho President, and Re­ corder and Trustees so appointed and qualified, shall have power to appoint an Assessor, a Collector or Town Marshall, a Clerk of the Market, Supervisors of the streets and highways, and such other officers as they may deem necessary, and allow such com­ pensation to such officers, as they may judge rosonablo. They shall also havo power to pass such by-laws and ordinances for tho regulation, preservation, and improve­ ment of tho streets, and public landings, for tho remo­ val of nuisances, and for such other purposes as tlioy may deem necessary, for the internal safety and convenioneo of said town, and the inhabitants thereof, and to impose reasonable fines and penalties on such persons, as shall offend against tho laws and ordinances made as aforesaid, provided,' such by-laws and ordinances arc not contrary to the laws and constitution of this State, or of tho United States.

§4. At all meetings of tho President, Recorder and Trustees, oftho said town, four, including oithcr tho President or Recorder, shall form a quorum. In case of vacancy in tho offico of Presi­ dent or Recorder, such vacancy shall be supplied, for tho balanco of tho year, by ballot from among the Trustees; and in case of a vacancy in the offico of Trustees, the same shall bo supplied by ballot from among the freeholders of said town.

§5. The Record of of the said town shall be a conservator of tho peace, within the limits of tho same, and in all cases arising under tho by-laws and ordinances of said town, ho shall have tho like power and authority to hear and determine the samo, and to enforce judgment, as a Justice of tho Peace of tho County of Wood, could or might havo, and from the decisions of the said.

-----------------------------------------------------Page 20-----------------------------------------------------

12        Act of Incorporation and Amendment

Recorder appeals may bo taken to tho Court of tho said County, in liko manner as from tho judgments of a Justice of tho Poaco. § 6 . Nothing herein contained shall bo so construed as to affect in any wise tho interests or rights, which individuals may have in tho shores or banks of tho Ohio or Littlo Kanawha rivers, along tho front of said town, but such claims, rights or interests shall remain tho same as if this act had never been passed.

^7. Tho olection of President, Recorder and Trustees, shall bo held at tho Court House, in the said town, under superintendence of the Sheriff of Wood county, or ono of his deputies; and all future elections shall be hold at such place in tho said town, and under tho direction of such persons as tho said President, Recor­ der and Trustees may appoint.

J 58 . This act shall bo in forco from tho passage thereof.

CHAPTER II.

AN ACT

To amend an Act, entitled “An Act to Incor­

porate the Town of Parkersburg. 99

P a s s it i) J a n   oaky   17, 1820.

S e c . I s e c .

1 Time for holding olection for Trustees 3 Power of Trustees to remove mil* 2 Town Marshall, conservator of the sauces and levy taxes,

peace, Ac.

Bo it enacted by tho General Assembly :

81. That the annual election for Trustees for tho town of Par­ kersburg shall be holden on tho last Saturday in May, eighteen hundred and twenty-six, and on the last Saturday in May in every succeeding year, instead of tho time now prescribed by law, and in all cases, when an election is not held at tho time, tho officers theretofore elected and qualified shall hold their offices until thoir successors, at tho next succeeding or subsequent elec­ tion, shall bo duly elected and qualified.

§2. Tho Collector or Town Marshall shall be a conservator of the peace within the limits of tho corporation, in like manner as Constables are, and for services as such, shall bo entitled to tho same fees as with Constables in liko cases.

§3. For tho better enabling the Trustees to improve the streets

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Amendments to Act of Incorporation.               13

and alleys, and to remove such nuisances ns affoct the health of the inhabitants of the said town, they shall have power to levy such reasonable taxes on all tithables, and on all real and person­ al property within the said town, as they may deem necessary : Provided that they shall notin any one year levy more than one dollar on each tithable, or moro than fifty cents on every hun­ dred dollars worth of property in said town.

CHAPTER III.

AN ACT

Further to amend the Act entitled “An Act incorporating the town of Parkersburg.’'

l’nsHcd Mnrch 20,18-12.

Sec.

]. Marshal authorized to distrain tor

taxes.

2. Lessee, tenant or occupant of the lot. of non-resident liable lor tuxes levied upon such lot.

.1. Provisions of this act may heextended.

4. Criminal and police powers and du­ ties of iv Justice of thell’enco conferred upon the Recorder,

Sec.

6. Certain maps and drawings of the plan of tin- town undcertified copies to he evidence.

0. Authority to construct wharves, Landings, and docks, and to collect

tax for use of same.

7. Appeals from Judgment arising un­

der a by-law Ac.,

8. Act takes effect.

Bo it enacted by the General Assembly :

§1. That the Marshall of tho town of Parkersburg, in the county of Wood, is hereby authorized to distrain upon and sell the properly of all persons liable for any tax duly imposed and levied by tho President, Recorder and Trustees of the said town, or so much thereof as may be necessary for the payment of said tax, unless the same shall be paid to him at or before tho expiration of three months from tho levying of tho same.

Provided, however, That if tho Marshall shall satisfy tho Re­ corder by his own oath, or that of some other creditable person, that there is just cause to believe that any person liable for any taxes so imposed, will remove his effects beyond the limits of tho said town, before tho expiration of the said period of threo months, tho Recorder may issue his warrant authorizing and requiring an immediate distress thereof, and a sale of the same, alter, the expiration of the said period, unless tho said taxes be sooner paid.

And provided, also, That public notice of the time and place of

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14         Amendment to Act of Incorporation.

sale of all property so distrained shall be given by advertise­ ment, set up at the front door of the Court House of the said County, at least ten days previous thereto.

§2. Be it further enacted, That in all cases when the owner of any in-lot or out-lot, of the said town, or any part of either, shall not reside within the said town, tho lessee, tenant or occupant of the same shall be liable for tho tuxes levied on so much thereof us is loused, rented or occupied, by him or her, and the Marshall may proceed to collect the same in tho same manner as author­ ized in tho preceding section of this act, and all taxes levied up­ on any in-lot or out-lot, or any part thereof, which shall not bo so collected, shall be, and remain a lien thereon; and if tho same shall remain unpaid for tho space of one year after tho lay­ ing of the same, the said President, .Recorder and Trustees of said town, may direct the Marshall to sell any such in-lot or out-lot or part thereof, or so much as may bo necessary for the purpose, to tho highest bidder, for ready money, at public auc­ tion, for the payment of the taxes, charged upon tho same, with interest thereon, from tho dato of tho levying of such tax and a fee of sixty-two and half cents, in each case to bo paid to the Marshall for his services in tho premises:

Provided , That the owner, his heirs or assigns, of any land sold under tho authority of this section, shall have the right to redeem the same by paying to the purchaser, his heirs, or assigns, within two years after the sale thereof, his purchase money, with damages thereon at the rato of ten per centum, per annum in lieu of interest, also all costs and charges attending tho sale, as also all other taxes due thereon, (together with ten per centum damages on tho same,) up to tho period of redemption, and af­ ter the expiration of tho said period without redemption, the said President, Recorder and Trustees by deed under their com­ mon seal, and attested by the hand of their President, shall con­ vey the land so sold for taxes to the purchaser thereof, or to his heirs or assigns:

And provided also, That no such sale shall be made unless pub­ lic notice of the time and place thereof be given by advertisement inserted in some newspaper published in tho said town of Park­ ersburg, if there be any or in some newspaper nearest thereto, if there be none in the said town, and also in either case posted at the front door of the Court liouso of the said County, at least

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Amendment to Act of Incorporation.            15

one month previous to the day of sale, and an affidavit or affida­ vits of the due publication of such notice shall be filed with the Recorder of said town, to be preserved amongst the records of his office.

§3. Be it further enacted, That it shall be lawful for the said President, Recorder and Trustees, within throe months alter the passing of this act, to extend the provisions thereof to all taxes heretofore levied, and remaining unpaid, by giving a sim­ ilar notico as above of their intention so to do.

$ 4. Be it further enacted, That the Recorder of the said town shall have and exercise therein, all tho criminal and police pow­ ers and duties which a Jnstico of the Peace for tho County of Wood may lawfully exercise, except that he shall not in virtue of anything in this act contained be a member of tho court of the said county, and the Marshall of the said town shall therein exercise all the powers and duties of a Constable in criminal

cases.

§5. Be it further enacted, That tho map or drawings of the plan of said town, sometimes called tho plat of the town, and accom­ panying descriptions thereto annexed or belonging, or ordered to bo recorded by tho County Court of tho said County of Wood, at tho February term thereof, in tho year eighteen hundred and sixteen, and as the same now stands recorded indeed book, num­ ber five, pages three hundred and thirty-seven, and three hun­ dred and thirty-eight of the records thereof, and copies of tho same duly certified by tho clerk of the said Court, shall bo re­ ceived as evidence in all the courts of tho Commonwealth in any controversy that may arise concerning tho limits and boundaries of the said town, and of the out-lots, streets, alleys, courts and squares thereof.

§ 6 . Be it f urther enacted, That it shall bo lawful for tho Presi­ dent, Recorder and Trusteos of the town of Parkersburg to es­ tablish and construct wharves, landings and docks on any street or alley, or on any ground which does now belong,or which may hereafter belong to tho said town, or which may bo condemned in duo coursoof law for such purpose, and to repair, alter or ro- movo any wharf, dock or landing at tho mouth of any street, or any other ground in the said town to which the said town, or the Trustees thereof, may have been, or may horeafter bo author­ ized by individual conveyance, or any other manner, to use for

-----------------------------------------------------Page 24-----------------------------------------------------

16        Amendment to Act of Incorporation.

landing, wharfing or dock purpose, and to establish and collect rates and taxes for using in any manner tho said landings, •wharves, or docks; and they shall furthor have authority to pass and enforce such by-laws, rules and regulations as shall be proper to keep not only those hereby authorized, but all other public landings, wharfs and docks of said town, in proper order and repair, and to preserve peace and good order at tho samo, and to regulato the manner in which tho samo shall bo used by any ferry and other boats or vessels whatsoever.

2 7. Be it. further enacted , That in all suits and prosecutions arising under any by-law, rule or regulation of tho said town of Parkersburg, when the constitutionality or validity of such by­ law, rule or regulation shall bo contested, appeals shall lie, in behalf of the party aggrieved, from tho judgment of any Jus­ tice of tho Peace of the County of Wood, or from the judgment of any similar offioor of said town, now or hereafter authorized to render the same to the Circuit Superior Court of Law and Chancery, for the county of Wood, without regard to tho sum of or amount in controversy; such appeals shall bo taken within the same time, and upon tho samo terms, as are prescribed by law for taking appeals from judgments of Justices of the Peace to the several county and corporation courts within this Com­ monwealth ; and the said Circuit Superior Court of Law and Chancery shall try and decide such 3 , in tho samo manner as the soveral county and corporation courts within this Com­ monwealth aro by law directed to try appeals from tho judg­ ments of Justices of tho Peace; and tho judgments of the said Superior Circuit Court of Law and Chancery, rendored upon such appeals, shall bo executed as othor judgments of tho said court aro executed.

§ 8 . This act shall bo in force from tho passage thereof.

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An Act Extending the Corporate Limits. 17

CHAPTER IV.

AN ACT

Extending the corporate limits of the town

of Parkersburg, in the county of Wood, and for other purposes.

Paused March 17,1851.

Bur. I S e c .

1. “Stephenson’s Addition” added to :J. Slate’s right to a part of the North-

the corporate limits, I western turnpike,               released to town.

2. Authority to subscribe for work of In- | ternal improvement- |

Be it enacted by the general assembly :

$ 1. That the lots, strocts, and alloys laid off by James M. Sto- phonson, adjoining tho town of Parkersburg, in Wood county, known as “Stephenson's Addition,” be, and they are hereby added to the corporate limits of said town; and also that tho jurisdiction of said town he so extended as to include those lots, streets, and alleys adjoining said town, commencing at the east corner of out-lot number fifteen, on Littloton street, and with a continuation of tho said street in a straight lino to the lands owned by William Berry; thence a line running with three of his lines to the Northwestern turnpike road; thence with said turnpike to a lino of said town of Parkersburg, and with a line of said town to the beginning; subject to the provisions of tho act incorporating the town of Parkersburg, and all acts relating thereto ; provided, however, that the Council, or Board of Trus­ tees of said town shall cause to bo made a eurvey or plan of tho town, including tho addition hereby made to its limits, showing distinctly each lot, public street and alley, tho size and number of the lots, and tho widths of the streets and alleys, with such ex. planations or remarks as they may deem proper. The said plan upon being approved, by tho Council or Board, shall be entered upon some of their books, and shall afterwards bo recorded in tho office of the Court of tho County of Wood, and remain in such office. It shall boprima facie ovidonco of the boundaries of the said lots, streets and alleys.

$2. The President, Recorder and Trustees of tho said town shall have power to subscribe for not exceeding two-fifths of the

3

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18 An Act Extending the Corporate Limits.

capital stock of any joint stock company incorporated for tlio purpose of constructing any 'work of internal improvement to passthrough, or by, or terminating at or near the said town, and to borrow money for Iho purpose of paying such subscription, and from time to time to appoint a proxy to represent thoir stock in the mooting of the stockholders of such company. They shall also have powor to borrow any sum or sums of money, not exceeding in the wholo one hundred thousand dollars, for the purpose of opening, regulating, and improving the streets, alleys, and public places thereof; erecting public buildings, construct­ ing wharves and landings, and acquiring the lands necessary for such purposes, and for securing the payment of any such loan, they shall have power to issue thoir bonds for the amount thereof, in sums not less than one hundred dollars, and having not more than twenty years to run ; but no such subscription shall be made, nor any sum exceeding one thousand dollars for any one purpose, shall be borrowed as aforesaid, except for the purpose of paying such subscription, until approved by a ma­ jority of the qualified voters of th'o said, town voting for or against the same, at any election of Trustees, thereof, or at any election held for tho purpose; notice in either case of the time and placo of holding the election, and of the object and amount of the proposed subscription or loan hav­ ing b<?cn advertised in the newspapers printed in the said town at least once in each week, for four weeks next preceding. All the right, title and interest of tho Commonwealth in and to b o much of tho Northwestern turnpike road as passes through tho said town and the wharf at tho termination thereof, is hereby granted and released to tho said town, on condition that the said town will keep the samo in order, and shall not demand any toll for passing over the said road, nor charge any greater rates of wharfago for the use of tho said wharf than may be charged at any wharf owned by tho said town in the vicinity thereof; pro­ vided that nothing herein contained shall alter or effect tho rights and privileges of tho forry established from the said town across tho Ohio river.

§3. This act shall bo in force from its passage.

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To reduce into one the several Acts of Incorporation. 19

CHAPTER V.

AN ACT

To reduce into one the several Acts incorporating the Town of Parkersburg , in the county of Wood, and define the powers of said town.

P a s s e d M a h c ii 17,1800.

bo Reciting .                                          the several acts of lncorpo- ID Council | S e may c . open streets, alleys,A«,

ration, debiting 1 lie lintll.s<>i the City, May erect town hall, market house, ils powers to eonlract, sue, purchase! work house, jail, Ac.

and dispose of property anu right to.20 Authority of couiudl to have foot-

lo use a eoinmou seal. I ways, sidewalks, streets or alleys ijuallllcal Ion of Voters. | paved by owners of adjoining lots,

l'.leetiou ol'Mayor and Council, llieir 21 Authority ol council to ordain regu- lerm of olllee. latlonsto prevent accidents from tire;

Persons not eligible as Mayor, or to remove buildings or combustible member of Council. | material that endanger adjacent .pro-

Council to bo the Judge of tho bloc- petty, ........................ establish "........................ lire companies, Reg­ lion and itualilieal ion of Mayor, and ulate the storage of gunpowder and of their own body, Mayor or member' other dangerous articles.

of council nui com pel on I to act untll|22 Authority of council to passordinan- they take thi‘ oath of olllee. Dalh toj ees to secure inhabitants against lie taken wiihin20 days alter election, ■ thieves, robbers, burglars, Ac., to sup­ Who shall he considered as elected press riots, gaming, to punish va­ for Mayor, or member of council,I grancy, lewdtiesr *• what done in case of a lie vole, what 2:1 Council may do what is necessary to

done if election not held at the pro­ preserve the health of the town, to per time. secure from contagious diseases, to How vacancy in the olllee of Mayor abate nuisances and regulate slaugh­ tilled. How member of council may ter houses, the exercise of ollensivo he removed- business—to prevent the keeping of

I when, meeting of council stale meats, Ac.

held, special meetings. lj,uesllons'21 Connell may cause owner of ground put to be decided by majority. subject to lie covered with stagnant

9 No money to be appropriated, nor water to 1111 up same.

contract made norordinanee passed, 25 Council may establish assize of bread

unless two thirds of the members' ' “ and other tilings. ----- Markets, **— Ac. ’ .......... *•- present and concur therein. 2(1 Council may establish landings, 1(1 Council to keep a Journal of their wharves and docks, collect rates and

proceedings. llave authority for use of same.

Council may prevent firing of guns crackers, Ac. Riding or driving at

ness. | Improper speed.

11 All corporate powers vested In liters Taking private property tor streets

council. Funds, revenues, Ac., under; ami other public purposes.

Hie control and desposilion of coun-29 Council may provide for proper ell. i weighing or admeasurement of hay,

12 Authority of the council In pass onil- sione, coal, Ac.

nances to enforce I he' same, by llnejtto Kines and penalties lunnro to benefit

and imprisonment, and by the com­ of town, moneys for use of town,to bo pulsion of labor. paid into town treasury. How drawn 13 Council may appoint necessary oUl­ therefrom. Statement of receipts cers to carry Ils authority IntoeH'cct, and expenditures, to bo annually Ac. Power to remove such ollleersat I published.

pleasure. 31 Certified copies of ordinances, re­

M Bonds, obligations, Ac, taken, shall! ceived as evidence.

be made payable to town of Parkers­ 32 Recorder to he elected annually. Ills burg. powers, duties, Jurisdiction, Ac.

15 Authority of council to levy tax. 33 Mnyor.h l.s duty to preside at meetings Persons may be Imprisoned for exer­ of council ; to keep the seal. His du­ cising certain privileges without des, powers and jurisdiction. Further paying the tax therefor. provisions concerning Mayor and

1(1 Olllccr appointed to collect tax may Recorder.

destruln therefor. Ml I n case of absence of Mayor and Re­ 17 Power to distrain for tax levied upon corder from meeting of council, what

real estate. done.

18 Taxes assessed upon real estate con­ 35 Aut hority of council to appol ut'Scr-

stitute a lieu on tljo sumo. geaut. what may ho required of Her.

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20 To reduce into one the several Acts of Incorporation.

S e c .                                          |8 k o .

h i * 11111. i!7 Additional oath required of officers.

SO /’resident, Recorder and Trustees, at]UK Certain acts repealed. date of this act, how long to remain ;)!) Tlino this aet takes ell’oot. In office. I

Bo it enacted by tho General Assembly :

§1. That the inhabitants of so much of the county of Wood as

is within tho bounds prescribed by the Act of Assembly entitled

“An Act Incorporating tho town Parkersburg,” passed January

the twenty-second, eighteen hundred and twenty, and an act enti­

tled “An Act extending the limits of tho town of Parkersburg

in tho county of Wood,' and for other purposes,” passed Marcl

tho seventeenth, eighteen hundred and fifty one, as the boundf

and limits thereof, and their successors shall be, and remain, anc

they are hereby made a body politic and corporate, by tin

name and style of tho town of Parkorsburg; and as such, anc

by that namo, may contract and be contracted with, sue and h

sued, plead and bo impleaded, answer and bo answered unto, am

may purchase, take, rocoivc, hold and use goods and chattels

lands and tenements, and choscs in action, or any interest, righ

or estate therein, either for the proper use of the said town, o

in trust for tho benefit of any persons or associations therein

and tho same may grant, sell, convoy, transfer, lot and assigi:

plcdgo, mortgage, charge and encumber in any case, and in an;

mannor in which it would bo lawful for a private individual sot

do; and may have and use a common seal, and alter and rcnc’

the same at pleasuro; and generally'’ shall have all the right

franchises, capacities and powers appertaining to like corpora

tions in this Commonwealth.

$2. At all elections which shall be held by the voters of sai

town for the corporate authorities thereof, tho following persoi

shall bo entitled to vote: First—every porson qualified to vote ft

members of tho General Assembly of this State, who shall line

boon a resident of the said town for at least six months prec

ding said election ; and second—every white male citizen of tl

Stato of tho ago of twcnty r -ono years or upwards, who at tl

time of the election shall be tho bona-fide owner of any froeho

cstato within said town ; provided always, that no perso

although in other respects qualified, shall bo entitled to vote

any such election, if ho shall have failed to pay any tax whs

over, lawfully assessed or leviod upon him for the benofit of sa town during or for the year preceding such election,„

-----------------------------------------------------Page 29-----------------------------------------------------

Officers; when and how 'Elected.            21

§3. Before the expiration of the term of office of the present President, Recorder and Trustees of the said town, they shall appoint a day upon which, at such placo in the said town as they may fix, and under the control and direction of such person or persons as they may direct, there shall be elected by the qual­ ified voters of said town a Mayor and a board of seven mem­ bers, which shall be called the council of the town of Parkers­ burg, who shall hold their office for and during the term of one year from the fifteenth day of January, eighteen hundred and sixty-one, or until their successors be elected and qualified; and in each and every year thereafter, on such day and at such place, and under the direction of such person or persons as the coun­ cil may ordain, there shall bo an election of Mayor and Council aforesaid, whose term of office shall commence on the fifteenth day of January in each and every year, and shall eontinuo for the term of one year thereafter, or until their successors be elect­ ed and qualified. [This section amended. See sections 1, and 3 of Chapter VIIof this title.

§4. No person shall bo eligible as Mayor or member of the Council, unless ho be a citizen of tho State, and for at least six months preceding his election shall have been tho owner of a freehold in said town, or a housekeeper thorcin, and shall havo resided in the said town for at least one year preceding his election.

§5. The Council shall bo the judge of tho election and qualifi­ cation of tho Mayor and of their own body ; and no person elected as Mayor or a member of the Council shall be competent to act as such until he shall have taken an oath or affirmation to porform tho duties of his office honestly and to tho best of his capacity ; and if any person so elected shall not have taken such oath or affirmation within twenty days after his election, ho shall bo considered as having vacated his offico.

$(>. At the election which shall be hold for Mayor and mem­ bers of tho Council, tho person or persons receiving the highest number of votes, if duly qualified, shall bo considered as elected; and if two or more persons receive an equal number of voles for mayor, or for member of tho Council, so that tho proper number be not elected, the Council or the members thereof actually elect­ ed shall decidobetween tho persons so tied. And if from any cause, any election for Mayor oy members of the Council shall

-----------------------------------------------------Page 30-----------------------------------------------------

22 Officers; when and how Elected, Duties, &c.

not bo hold at the proper time for holding the same, it shall bo lawful for and the duty of tho Council to cause such oloction to bo held as soon as practicable thereafter.

§7. If any vacancy shall occur in the Office of Mayor, or in tho Council, tho Council, ortho remaining members thereof, shall, as soon as practicable, fill the same by the appointment of some qualified person. And the Council shall have authority at any time, on charges preferred by any member thereof, to removo any member of their own body, provided two-thirds of all tho members of which the Council shall then consist, concur in such removal.

§ 8 . The mooting of the Council shall be held at such places in the said town and at such times as they shall from time to time ordain and appoint; but it shall be lawful for the Council by ordinance to vest in any officer of said town, or in any mem­ ber or number of members of their own body, the authority to call special meetings; and it shall by ordinance prescribe the mode in which notice of their meetings shall bo given ; and no business shall be transacted unless a majority of all the members of which it then consists shall be present, except that ft, %ss num­ ber may compel the attendance of absent members, under such reasonable penalties as they may think proper to impose; and all questions put, except in such matters as arc hereinafter pro­ vided for, shall be decided by a majority of the members pres­ ent.

§9. .No money shall he appropriated by tho Council; no con­ tract on behalf of said town entered into or authorized, nor shall any ordinancobo passed, unless two-thirds of tho members present when the question is put, concur therein, or unless tho same be concurred in at two successive meetings of the council held on different days, by a majority of tho members present at each of said meetings.

{ 5 10. The council shall keep a journal of their proceedings, which shall at all times bo open to the inspection of any voter of said town ; and at the request of one-fifth of tho members pres­ ent. tho ayes and nocs on any question shall bo taken and en­ tered in the journal. Tho council shall have authority to adopt such rules and to appoint such officers and clerks as they may deem proper for tho regulation of their proceedings and for tho convenient transaction of their business.

-----------------------------------------------------Page 31-----------------------------------------------------

Duties and Powers of Officers.                 23

§ 11. All the corporate powers, capacities and jurisdiction of said town shall be vested in and exorcised by the council, unless otherwise expressly enacted. And all the real and personal estate, and the funds, revenues, claims, rights, titles and privi­ leges of said town shall be under the care, management, control and disposition of the council.

§12. The council shall have authority to pass all ordinances (not repugnantto’tho Constitution and lawsof the United States, or of this Slate) which shall be necessary or proper to cany into full effect any power, aulhority, capacity, or jurisdiction which is or shall be granted to or vested in the said town, or in the council, or any officer of said town; and to enforce any or all ol their ordinances by reasonable lines and penalties, and by imprisoning the offendor or offenders; and upon failure to pay any fine or penalty imposed, by compelling them to labor without compen­ sation, at any of the public works or improvements undertaken or to be undertaken by said town, or by either or both of tho modes first aforementioned ; provided, however, that no person shall bo imprisoned or compelled to labor as aforesaid more than thirty days for any one offence. (See also sections 2 and 3 of Chapter IX of this title.

§13. The council shall have authority to provide by ordinance for the appointment of such officers as shall be necessary or proper to carry into full effect any authority, power, capacity, or jurisdiction which is or shall be vested in the said town, or in tho council, or in the Mayor, or any other office® thereof; to grant to the officers so appointed the powers necessary or proper for tho purposes above mentioned ; to define their duties, to fix their terms of office, to allow them reasonable fees and compensation ; and to require and take of any or all of them such bonds, obli­ gations, or other writings as the)’ shall deem necessary or proper to insure tho proper performance of their several duties. All officers so appointed may be removed from office at tho pleasure of the Council; and unless their terms of office be otherwise fixed by ordinance, they shall bo considered as holding their respective offices at tho pleasure of tho Council. (Additionalpow­ ers conferred on council, see section 3 of Chapter IX of this title. §14. All bonds, obligations, or other writings, taken in pursu­ ance of tho preceding section, shall bo made payable to tho town of Parkersburg; and the respective persons, their heirs, execu­

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24           Duties and Powers of Officers.

tors and administrators, bound thereby, ahull bo subject to tli

mime proceedings on tho said bonds, obligations, and othc

writings, for enforcing the condition and terms thereof, by motio

or otherwise, before any court of record held in and for tl:

county of Wood; that collectors of tho county lovics and the

securities aro or shall be subject to on their bonds for enforcin

tho payment of county levies.

$15. Th;o Council shall havo authority to levy and collect a

annual tax on tho real estate, personal property and tithables i

the said town, and upon all other subjects of taxation under tl

revenue laws of tho .State: provided, that said tax does n<

exceed ono'por centum of the assessed value of said property, <

the sum of two dollars upon every tithable therein ; to impose tax upon all licenses for which a tax is now or may hcroaftcr 1 imposed lor Slate purposes, in addition to the tax paid tho St at which said taxes aro to be for tho uso of tho said town ; and tl Council shall have authority to subject any person or porsoi who, without having paid the taxes imposed by tho said Count lor the privilege, shall do any act, or follow any employment . business in said town, upon which tho Council aro or shall I

authorized to impose a tax, to any fine or punishment whii

they are or may bo authorized to impose or inflict lor the e forcemeat of their ordinances. [This section amended. See st lion 1, chapter VI11 of this title.

iU>. In case any person shall neglect or refuse to pay, in who

or in part, any tax lawfully levied upon him or her for tho be efit of said town, it shall bo lawful for tho officer appointed collect such tax, to take reasonable distress of any personal pro

erty in said town belonging to tho said delinquent, or in whi<

he or she shall have any right or interest, and to sell tho sa

property, right or interest, at public sale in said town (havii given ten days notice of the time and place of sale, by advt tisemont posted at some public place in said town,) and out the proceeds of such sale, after paying all propor expenses, pay to the said town the amount which shall be duo on accou of said lax, returning the balance, if any, to tho owner of t property, right or interest so sold.

$17. In case any tax levied upon real estate for tho benefit said town shall not bo paid in full within thirty days after t same shall have become duo, it shall bo lawful for. t ha-officer. j

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Duties and Powers of Officers.                 25

pointed to collect such tax, to take reasonable distress of any personal property belonging to the owner of said real estate in said town, or in which such owner shall have any right or inter­ est, or of any personal properly on the premises taxed, belonging to any person in the possession or occupancy thereof, or in which any such person shall have any right or interest, and apply the proceeds in the manner prescribed in the last preceding section.- .And the said officer shall have the right to distrain any such personal properly, and the same to sell and apply as aforesaid, notwithstanding such personal property, be included in any deed, deed of trust, mortgage, bill of sale, or other writing, made subsequent to the time when said taxes became due.

$ 18. All taxes assessed upon real estate lor the benefit of said town, shall remain a lien thereon, bearing interest at the rate of ten per centum per annum, until the same bo fully paid, and the said lien may be enforced in the same manner that equitable liens upon real estate may be enforced. And the personal prop­ erty of every person to whom the said real estate shall come by descent, purchase, or gift, or ol the person or persons in posses­ sion or occupancy thereof, shall bo subject to distress and sale in the same manner and to the same effect as if he, she or they wore originally chargeable with the said taxes. And in all eases in which any tax assessed upon real estate Idr the benefit of said town shall be paid, in whole or in part by the tenant, or out of his or her property, he or she shall be entitled to deduct the same out of the accruing rent, or to recover the amount so paid from the owner of such real estate, unless it shall otherwise have been specially agreed. [>SVr also Section 4 of Chapter IX of this title.

$19. The council shall have authority within the said town to lay out and cause to be opened any streets, walks, alleys, market grounds, and public squares, or to extend or widen the same having first obtained title to the ground necessary for that pur­ pose, ami to graduate any street, walk, alloy market ground or public square, which is or may be established within said town: to pave or otherwise improve the same; to cause them lo be kept open and in good repair; and generally lo ordain and enforce such regulations respecting the same, or any of them, as shall he

health, interest, or convenience of the inhabitants

Tho council shall also have authority to erect a

L '

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26           Duties and Powers of Officers.

town hall and market house or houses, and to regulate tho same 5 n work-house, jail, and other buildings necessary for tho said town ; and until such jail be erected and prepared for the recep­ tion of prisoners, the said town shall bo allowed tho use of tho county jail of Wood county for the confinement of all persons who shall be sentenced to imprisonment under tho ordinances of said town ; and all persons so confined shall be under the charge and custody of tho sheriff of said county, who shall receive, keep, and discharge tho same in such manner as shall bo prescribed by the ordinances of said town, or otherwise, by duo course of law. §20. Tho Council shall havo authority to have the footways.or sidewalks of the streets or alleys, of said town paved- by the owners or occupiers of tho lots or parts of lots facing upon said streets or alleys; and in case they or any of them refuse to pave the same when required, it shall bo lawful for tho Council to havo the same paved, and recover tho expense thereof from the said owner or owners, or occupier or occupiers, or any of them, by distross and sale, in the same manner in which taxes levied upon real estate for tho benefit of said town are herein before author­ ized to bo collected, and shall remain and be alien upon the said lots or parts of lots, tho same as taxes levied upon real estate in said town ; which lien may bo enforced in tho same manner as the lien for the taxes upon such real estato ; provided, however, that reasonable notice shall bo first given to the said owners or occupiers, or their agents, that they are required to pave tho said footway or sidewalk. In case of non-resident owners, who have no known agent in said town, such notice may bo given by a publication for not less than four successive weeks in any newspaper printed in said town. And in all cases where a ten­ ant shall bo required to pave in front of the property in his or her occupation, tho expense of paving the same may bo deducted out of the accruing rent for said property. lie or she may re­ recover tho amount so paid from tho owner, unless otherwise specially agreed. [For form of notice required by this section see “Forms" No. 1.]

§21. It shall bo lawful for tho Council to ordain and enforce such regulations as shall bo necessary or proper to prevent accidents by fire within said town, or to secure tho inhabitants thereof, as far as practicable, from injury thereby, and specially to cause tho removal of any building or other combustible materials which

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Duties and Powers of Officers.                 27

may in their opinion endanger the adjacent property by its lia­ bility to take fire, the expense of which to bo levied of the owner or owners of the same, and collected as taxoslovied for the benefit of the said town aro collected, to provido for the establishment, organization, equipment and government of fire companies in said town, and for the purchase of firo engines and other fixtures nocessary thorofor ; and to ordain suitable regulations for the storago of gunpowder or other combustible and dangerous arti­ cles, and to ordain and enforce such regulations ns they may deem necessary respecting the places and manner of keeping the same.

$22. The Council shall have authority to pass such ordinances as shall bo necessary or proper to secure the inhabitants of said town against thiovos, robbers, burglars, and ail other porsons violating the j peace of said town ; for the suppression of riots and gaming; and for the provontion and punishment of vagrancy, of lewd, lascivious, indecent or disorderly conduct in said town; to provido for tho appointment of a town watch or polico forco; to prescribe tho duties and to define tho powors of the several officers, members and classes thereof, in such manner as will most effectually preserve tho peace and good order of said town, and secure the inhabitants theroof from personal violence, and their property from fires or other loss or injury.

$23. Tho council shall have authority to ordain and enforce such regulations within said town as shall bo necessary or pro­ per to preserve the health of tho inhabitants of said town, and to securo them from contagious, infections or other diseases ; to roquiro and compel the abatement and removal of all nuisances within said town, at tho expense of the person or porsons caus­ ing tho saino, or of tho owner or owners of tho ground Whereon tho same shall be. They shall further have authority to prevont or regulate slaughter-houses within said town, or tho exercise of any offensive or unhealthy business, trade or employment there­ in, or to ordain and enforce such regulations respecting the same as the comfort, health or convenience of the inhabitants of said town shall require to prevont the keopingof any stale meats, fish, vegetable or other matter, ortho depositing the samo or any dirt, rubbish, offal or othcraubstancesupon any lot, streot, alloy, wharf or square in said town, or upon tho banks of the river within the limits qf.,t,he said town, and to prevont hogs, dogs and other

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28           Duties and Dowers of Officers ,

animals from running at large in said town, or to subject the same to such regulations and taxes .as they may deem proper. $24. lit caso any ground in said town shall bo subject to bo covered by stagnant water, or if the owner or owners, occupier, or occupiers thereof shall permit any offensive or unwholesome substance to remain or accumulate thereon, it shall bo lawful for the council to cause such ground to bo filled up, raised or drained, or to cause such substanco to bo covcrod, or to bo removed therefrom, and to collect the expense of so doing from the owner or owners, occupier or occupiers, in tho manner and after the notice required by section twenty of this act; and tho tenant of any. such lot may have tho deduction and remedy provided for in said section. |i $'eeform No. 2.]

$25. Tho council shall have authority within said town to es­ tablish an assize of bread and other things; to establish mar­ kets in and for said town ; to appoint tho times and places for holding the samo ; to provide suitable buildings therefor, and to ordain and enforce such regulations respecting the said markets, as in their opinion tho convenience or interest of tho inhabitants of said town may require. They shall further have authority to ordain and enforce such regulations as shall be necessary or pro­ per to prevent forestalling or regrating. (This section amended —Sec section 1 of chapter VJ.11 of this title).

$26. Tho council shall have authority to establish and con­ struct landings, wharves, and docks, and to repair, alter or remove any landing, wharf or dock which has been or shall bo so constructed; and to establish and collect rates and taxes for using in any manner the landings, wharvosand docks belonging to said town. And they shall further have authority to pass and enforce such ordinances as shall bo proper to keep the same in proper order and repair, to preserve peace and good order at th* same, and to regulate tho manner in which they shall bo used. $27. It shall bo lawful for tho council to prevent the practice of firing guns, crackers, or any combination of gunpowder or other combustible or dangerous materials, and tho throwing of fire balls within the said town; and to prevent tho riding or driving of horses or other animals at an improper speed within tho limits of tho said town and generally they shall have author­ ity to ordain and enforce all such by-laws, ordinances, rules and regulations [not inconsistent with tho constitution aiuUlaws of

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Duties and Dowers of Officers,              29

the United States or of this State] as they shall deem necessary or groper for the peace, good order, health or safety of said town, or of the people or property therein.

§ 28. The council shall not use or take any private property for streets, alleys, market grounds, landings, wharves or docks or other public purposes, without making to the owner or owners thereof full and adequate compensation for the same. And in all cases where tho said town cannot by agreement obtain title to to tho ground necessary for such purpose, it shall bo lawful for the said town to apply to tho County or Circuit Court for Wood County for a writ in tho nature of a writ of ad quod damnum ; which court shall thereupon direct tho clerk thereof to issuo such writ, directed to the sheriff of Wood county, commanding him to summon and empanel twelvo fit, able and discreet free­ holders of his county (residing out of said town, and having no freehold therein, and who are in no wise related to any person claiming as proprietor of such grounds, or any part thereof or any interest therein.) to meet on or near said ground on a cer­ tain day to bo named by said court, and inserted in said writ of which notico shall bo given to tho owner or occupier thereof at least ten days before the execution of said writ; or if personal sorvico of said notice cannot bo obtainod, then by publication, for at least four successive weeks before the day ap­ pointed for tho execution of said writ, in some newspaper pub­ lished in said town ; which freeholders shall bo charged upon oath by the said sheriff or some one c ......... ities, impartially and to tho best of their skill and judgment, to view tho lands or grounds which it is proposed to condemn, and to convert to public uso, and to say, all circumstances considered, to what damage it will be to tho proprietor or proprietors thereof,or of any interest therein, if such lands or grounds bo condemned to such public use; and if tho said inquestbe not commenced, or being-com­ menced be not completed on tho day fixed therefor, the sheriff or deputy shall adjourn the same from day to day until the samo bo completed; which inquest, sealed by the jurors, together with tho writ, shall be returned to said court, and entered among tho rec­ ords thereof. And the damages assessed as aforesaid shall bo paid by tho said town into court, or to tho person or persons en­ titled thereto ; and if paid into court, the court may make such ■orde&&QBpooting the same ap it may tiling just and right; and

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30           Duties and Powers of Officers.

upon ouch payment being made, it shall be lawful for said town, by its proper officers, to enter upon, hold and possess such grounds or lands for the purpose for which it was proposed to condemn the samo. Whore grounds or lands so proposed to be condemned and converted to public uses, shall be under lease, or one or more shall have the fee therein, and one or more a pres­ ent or lesser ostato in the samo, the said jury shall assess and fix the damages that such respective owners or persons having different interests or estates therein are respectively entitled to, all circumstances being considered as aforesaid.

§29. The council shall have authority to provide for the pro­ per weighing or admeasurement of all hay, stone, eoal, lumber, wood, boards, and spirituous liquors and wines which shall bo offered for sale in said town. They shall also have power to grant, rojuse or revoke licensos to the owners or keepers of hacks, carts or wagons, drays, and of every other description of wheeled carriage kept or used for hire in said town ; to levy and collect a tax thereon, and to subject the same to such regulations as the interest or convenionco of tho inhabitants of said town, in the opinion of the council, shall require ; to grant, refuse and revoke licenses, to theatrical exhibitions, public shows, musical performances, and all shows, exhibitions and performances, by which admission is obtained by tho payment of money or other reward, and to levy and collect taxes upon tho same.

§30. All taxes which tho council are or shall bo authorized to levy and collect, and all fines and penalties which may bo im­ posed and collected for violations of tho laws and ordinances of tho said town, shall innure to the exclusive benefit of said town And all moneys rocoived or collected for tho use of said town, shall bo paid into tho town treasury, and shall not bo drawn therefrom except as tho council may order or prescribe ; and the council shall, once at lonst in every year, cause to be published in somo newspaper printed in said town a statement of tho re­ ceipts and expenditure of said town for tho past year.

§31. All copies purporting to bo copies of the ordinances of said town, or extracts from tho journal of the council, which shall bo printed by authority of the council, or which shall bo certi­ fied to bo correct by the Mayor of said town, under tho seal thereof shall bo rocoived by all courts and justices ot this State »■ prima facie oyjdynco of tho tenor of such, orcUnanees,, aadjjftke

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Duties and Powers of Officers,

31

acts and proceedings of the council, as therein set forth.

§32. The said council shall annually, from their own body, elect a Recorder of said town, who shall bo a conservator of the peace therein, and hnvo and exercise therein all the criminal and police powers and duties which a justice of the said county of Wood may lawfully exercise, oxcopt that ho shall not be a motnber of the court of said county. Ho shall havo power to hear and determine all complaints for violations of the laws or ordinances of said town ; to issue his warrant to summon or ap­ prehend the persons charged therewith; and to impose such penalties and punishment as are proscribed by the said laws and ordinances. Ho shall .also have jurisdiction to hear and deter­ mine all actions for any moneys claimed by or from the said town, where the amount does not exceed thirty dollars; and in all cases to issue his execution, or onforce all such fines, punish­ ments and judgments in the same way as are prescribed for of­ fences against the Stato. lie shall also, in the absence of the Mayor, preside over the sittings of the council, and shall havo such power, when so presiding, as is hereinafter proscribed for the Mayor. (This section amended. Sec section], chapter VIII of this title).

§33. It shall bo the duty of the Mayor to preside, when pros- ont, at the meetings of the council, and to keep the seal of the said town, and do and perform such duties or services as the council may ordain, not inconsistent with this act or the laws and Constitution of the commonwealth, or of the United States. He shall also, within the said town, be aeonservator ol the peace, and shall have the same powers and jurisdiction—criminal, po­ lice and civil, as are or may bo conferred upon the Recorder. — And the Mayor and Recorder may receive such sum from the town treasury as the council may appoint, and such fees and perquisites as the council may prescribe; the same to bo taxed and collected as tho ordinances of the town may direct. Vacan­ cies in the offices of Mayor and Recorder may bo filled by tho council or tho remaining members thereof. And tho said Mayor and Recorder, when presiding at any meeting of the council, shall havo no vote upon any question before tho council, except in case of a tie, when they shall give tho casting voto. ( Mayor to have veto power. See section 4 of chapter IXof this title.)

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32           Duties and Powers of Officers.

§34. In caso of the absence of the Mayor and .Recorder from any meeting of the council, .the council may designate some one of their body to preside at such meeting.

§35. The council shall have authority, annually, to appoint a Sergeant lor said town, and may allow such Sergeant such dep­ uty or deputies as they may think proper. No deputy, however, shall bo appointed without the consent of the council; and the principal shall always bo responsible for the acts of his deputy, in the same sense and extent that a high sheriff is liable for his deputies. The council may require of the Sergeant such bond and and in such penalty as they may think proper, to insure the due performance of his duties; and shall have authority to define his duties, fix his compensation, and to remove him, at their pleasure, from office, and to fill any vacancy in the said office, should any such occur.

§3(1. The present President, Recorder and Trustees of the said town shall remain in office, and exercise the sumo powers and perform the same duties as are herein prescribed for the Mayor, Council and Recorder, until their present term of office expires, or until an election be held under this act for such Mayor and council.

§37. All officers who shall bo elected or appointed under this act shall, before entering upon the duties of their respective of­ fices, take, in addition to the oath to perform the duties of their office honestly and to the best of their capacity, an oath to sup­ port tho constitution of tho United States, of fidelity to this State, and tho anti-dueling oath.

§38. All acts or parts of acts inconsistent with this act are hereby repealed ; but this act shall not be construed to repeal, change or modify any previous act of tho General Assembly au­ thorizing said town to contract debts or borrow money.

§39. This act shall bo in force from its passage. ['This chap­ ter amended by adding seven new sections, idee flection 2, Chapter

Ym of this title,

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Act to extend the Corporate Limits.

33

CHAPTER VI.

AN ACT

To extend the corporate limits of the City

of Parkersburg.

Passed November 0) 18(1.'!.

B e c . Sue.

1.      Extended limits of the City do- (1.    Any turnpike within said exten­ Hned. sion relinquished to tin; town, when 2.      Jurisdiction of City overextended and upon what conditions. limits. 7.     Exterior line to be surveyed.

3.      Annexed territory not .to be taxed 8.      '{own of Parkersburg after passage until laid oil'into streets and lots. of this act to be known as the City of

4.      Certain buildings In the annexed

territory not to be taxed.

6.      When annexed land to bo assessed former designation to have the

and taxed as similar property wit h­ same relation to the “Wo."

in present limits is taxed.

Be it enacted by tlio Legislature of West Virginia:

§1. The corporate limits of tho town of Parkersburg, in the county of Wood, are hereby so extended as to include all tho land lying between tho Ohio and Little Kanawha rivers, to tho south and west of a line beginning on the Ohio river at lino be­ tween the lands now or late of Albert (I. Leonard and Tilling- lnist A. Cook, and running theneo with the said lino and an extension thereof to a lino of lands now or late of James M. Stephenson; and thence wit h the last mentioned line to the Little Kanawha river; and all tho land lying between tho said rivers and to tho south and west of the above described line, not here­ tofore a part of the said town, is hereby annexed thereto and made part thereof.

§2. Tho land so annexed to tho said town, and tho inhabitants thereof, arc hereby made subject to tho jurisdiction of tho coun­ cil of the said town, as fully as the present town and its inhab­ itants aro now subject thereto ; and shall bo governed by all tho provisions of tho original charter of tho said town and tho acts amendatory thereof, so far as the same are now of force, oxcopt as hereinafter excepted.

§3. No part or parcel of the land hereby annexed to tho said town, now used exclusively for gardening, farming, grazing, pasturing or other agricultural purposes, shall be assessed with or be liable for any taxes levied for tho use of tho said town or the council thereof, unless or until such part or parcel has been, ■or ahaUjioreaftor bo laid off into streets and lots, and such lots

Ptiritriburg. Caws relating to the “Town" by its

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34         Act to extend the Corporate Limits.

have been, or shall hereafter bo sold or offered for sale by the owner or owners thereof.

§4. No building now or hereafter erected on the land so an­ nexed to the said town shall be taxed by the said town or the council thereof, unless the same fronts on some street, alloy, road or turnpike, by which such building is accessible from the present limits of the said town ; but where any building is so situated, the sarno , and not exceeding one aero of land, connected there­ with and appropriated to the purposes thereof, or of its occu­ pants, may bo assessed according to its value, and the owner or occupier thereof charged with such taxes or lovies thoroon as may be lawfully imposed by the said council; but thorato of taxation so charged shall not exceed one half of the rate at the same time charged against similar property within the present limits of the said town.

§5. Whenever the said council shall cause any side-walk, or any part thereof, on any street, road or turnpike that is now or may horoaftor bo oponed through any part of the oby annexed to tho said town, to bo graded and the curbstone there­ of to be set or placed on one or both sides of such street, road or turnpiko, all tho land on both sides thereof, so far as the said grading and curbing extends, to the depth, not exceeding two hundred feet, or ono tier ol lots on either side, may at tho next or any subsequent assessment of the property of the said town, be assessed according to its value, and thereafter taxed at tho same rate as similar property within the present limits of the said town is or may bo taxed.

$6. So much of any turnpiko in which the Slate is interested, as lies within tho said extension, is hereby to tho extent of such interest ceded and relinquished to the said town, upon condition that the said town shall keep the same in good order and repair and shall not at any time charge or receive any toll or other com­ pensation for the passage or transportation over tho same. The said Council having acquired the necessary land for tho purpose, may alter the location of so much of any turnpiko or of any public road as lies within tho said extension, in order to conform tjio same to the general plan of tho said town, or for any other public purpose. They shall also cause all tho streets and public roads lying within tho same to bo kept in goo,l order and con­ dition ; but this shall not apply to any street or road hereafter

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Act Amending the Charter.                35

opened or dedicated to the public within the said extension by private persons, unless the said Council shall have first accepted such street or road as a stroet of the said town.

$7. As soon as practicable after the passage of this act, the said Council shall cause the exterior lino of the said town from river to river, as described in the first section of this act, to be accurately surveyed, if necessary, and designated on the ground by suitable marked objects or monuments, and two accurate maps or plats of the land hereby annexed to the said town to bo made, one of which shall be retained by them, and the other do- posited in the office of the Recorder of tho county of Wood, to be there recorded at tho expense of tho said town.

§8. From and after the passage of this act tho said town shall be known as tho City of Parkersburg; and all laws now in force having relation to the said town by its former designation, shall

have tho same relation to the said city.

CHAPTER VII.

AN ACT

Amending the charter of the city of

Parkersburg.

Passed March 2,18(18.

Sue. S e c .

It Animal election'to lie held nt same 8. When terms of office to begin, time us State election. ■i. Mayor to have the veto power.

2 . llallots for city otllcors to bo kept 5. Laws, repealed.

separate.

lio it enacted by the Legislature of West Virginia:

§ 1. The annual election of Mayor and councilmen of the city of Parkersburg, in the county of Wood, shall hereafter be held on tho fourth Thursday in October in each year, along with the, State, county and township elections, and by tho officers con­ ducting tho same in said county, instead of tho time and manner now provided by law.

$2. The ballots for Mayor and city Councilmen for the said city of Parkersburg, shall be kept separate from those for all other officers, and for this purpose tho mayor for said city shall, jit the expense of said city, provide and furnish at Wood court

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36              Acts Amending Charter.

house, an additional ballot box, in which the ballots for city of­ ficers shall bo doposited by the officers of said election.

§3. The term of office of mayor and councilmen for the said city of Parkersburg, shall hereafter commence on the first day of January, instead of the time now provided by law.

§4. The mayor of the said city shall havo the veto power; and in every caso of the appropriation of money, or thepassago of any ordinance or resolution by the board of councilmen of the said city, the mayor thoroof shall havo authority to return the sume to the next stated meeting of the said board, not less than ono week thereafter, with his objections, and in evory such caso, the same shall have no force nor effect, unless it bo subse­ quently passed by a two-thirds vote of the said board of council- men.

§5. Anything in any charter heretofore granted to the town or city of Parkersburg, inconsistent with the provisions of this net, is hereby repealed.

CH APTER VIII.

AN ACT

To Amend the Charter of the City of Park­

ersburg, in the County of Wood.

Passed February 7, 1870.

B k c .                                         I Hue.

l. The 15(11, H5t.li and 82d sections 12. Maine chapter .amended by adding of (,'HAl'TKii V, TITl.l'l I, of Mils | at the end thereof sections 89, Id, book amended, and re-enacted. | II, 12,48,44, and 46.

Be it enacted by the Legislature of West Virginia:

§1. The fifteenth, twenty-fifth, and thirty-second sections of an act entitled “An Act to reduce into ono the several acts incor­ porating the city of Parkersburg, in the county of Wood,” pas­ sed by the General Assembly of Virginia, March seventeenth, eighteen hundred and sixty, are hereby amended and re-enacted so as to read as follows:

“§15.” The council shall have authority to levy and collect an annual tax on the real estate, personal property, and tithables in the said city', and upon all other subjects of taxation under the several laws of the state, including bank stocks, whether owned

Safe

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Act Amending Charier.                 37

by persons residing within tlio limits of said city or not, gas companies, insurance companies, building associations loaning money, and other incorporated companies; provided, that said tax does not exceed one per centum of the assessed value of said property, or the sum of two dollars upon every tithcable therein, and not exceeding, in other respects, the amount for which the same subjects are taxed for state purposes; to impose a tax upon all licenses for which a tax is now or may hereafter ;bo imposed for stato purposes, in addition to the tax paid the state, which said taxes are to bo for the use of said city. And the council shall have authority to subject any person or persons, who, with­ out having paid tho tax imposed by the said council for the priv­ ilege, shall do any act, or follow any employment or business in the said city, upon which tho council are or shall bo authorized to impose a tax, to any line or imprisonment which they are or may be authorized to imposo or inflict for the enforcement of their ordinances.

‘ S 25. The council shall havo authority, within said city, to grant all such licenses as are authorized by tho first and second sections of chapter thirty-two of the Codo of West Virginia, where the act, occupation, or business for whichsuch statelicenso is necessary to be done or carried on in said city, and to estab­ lish an assize of broad and other things; to establish and regu­ late markets in and for said city; to prescribe tho time and places for holding the same, and what articles shall bo sold only in said markets during market hours ; to provide suitable build- ings-for said markets, and to regulate tho renting of stalls therein and rents thereon, and to ordain and cnforco such regulations re­ specting tho said markets, as in their opinion, the convenience or interests of the inhabitants of said city may require. They shall fur­ ther have power to ordain and enforce such regulations asshall be necessary or proper to prevent forestalling or regrating.”

“§32, The council shall annually eloct a recorder of said city, who shall be a conservator of the peace therein, and have and exercise therein all the criminal and polico powers and duties which a justice of said county of Wood may legally exercise" lie shall havo exclusive original jurisdiction to hear and deter­ mine all complaints for violation of tho laws or ordinances of said city. lie shall issuo his warrant to summon or apprehend tho porsons charged therewith ; and to impose such penalty and

-----------------------------------------------------Page 46-----------------------------------------------------

38              Act Amending Charter.

punishments as arc prescribed by said law and ordinances. He shall havo exclusive and original jurisdiction to hear and deter­ mine all actions lor money claimed by or from said city, when the amount does not exceed one hundred dollars. And in tho event tho said recorder of said city is, from any cause, disabled from acting, the mayor may, in his place and stead, exercise all tho powers of Recorder of said city. Provided, that in all cases where a fine is imposed or a judgment rendered for an amount exceeding ten dollars, or theparty is imprisoned for a term greater than ten days, an appeal may bo taken from any such decision upon the same terms and conditions that appeals are taken from tho judgment of a justice.”

$2. Tho aforesaid act is hereby further amended by adding at

the end thereof tho following:

“$39. The said city, and the taxable persons and property therein, shall be exempt from tho payment of any poor tax, and from contributing for any county expenses for tho poor, for any your in which said city shall, at its own expense, provide for its own poor.”

“$40. Tho city infirmary and hospital and grounds are hero- b}' exempted from all stato, county and township taxation.” “§41.The election for Mayor and council for said city shall bo held annually, on tho Saturday after tho first Monday in each year, and their term of office shall comincnco on tho third Mon­ day of January in each year, and shall continue for one year, or until their successors shall bo elected and qualified.

“$42. The council shall have power to fix upon the places of voting in said city for all city elections, and to alter and change tho same as they may deem best for tho convenience of the vo­

ters thorcof.

“$43. No person shall be allowed to voto at any election held for said city who p ha 11 not have actually paid all assessments and taxes due from him to said city for any year prior to said election.

“$44. Power is hereb}' given to said Mayor and city council to pass all necessary laws and ordinances, to carry into effect tho provisions of this act, and to enforco tho faithful perfor­ mance of tho same.

“$45. All acts and parts of acts in conflict with the provisions

of this act aro hereby repealed,

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Additional Charter Powers,                39

CHAPTER IX.

Of Towns and Villages. Certain sections of chapter 47 of

the Code of West Virginia, conferring additional charter powers, and deemed as amendments to exist­ ing charters.

I n Foitcrc F r o m A pr il 1, i860.

H k c .                                      I Sue.

1 To what, towns ami villages the act give efl'eot to thelegislallou grant* applies. | lug powers to towns and villages. 2 Powers and duties of the council. i 1 Lien on real estate creuleil lor the 3 Powers conferred on council to pass taxes levied thereon,

needful by-laws, ordinances, <&«■., to |

“§1. The towns and villages heretofore established in this state remain subjoet to the law now in force applicable thereto respectively ; and the provisions hereinafter contained in this chapter shall be deemed applicable only to towns and villages hereafter established, except that the council of a town or village heretofore established may exercise all the powers conferred by this chapter, although the same may not bo conferred by their charter; and so far as this chapter confers powers on a town or villago council not conferred by the charter of any such town or village, the same shall bo doomed an amendment to said charter. “§28. The council of such town or village shall havepowerthero- in to lay off, vacate, close, open, alter, curb, pave, and lcoop in good repair roads, streets, alleys, sidewalks, crosswalks, drains, and gutters, for the use of the public, or of any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crosswalks, drains, and gutters to bo curbed and paved, and kept in good order, free and clean, by the owners or occupants thereof, or of the real property next adjacent thereto ; to estab­ lish and regulate markets ; to prescribe the times of holding the same to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome ; to prevent hogs, cattle, horses, sheep, and other animals, and fowls of all kinds, from going at largo in such town or village; to protect plncesof diviuo worship in and about the premises whore held ; to ubgto, or cause to be abated, anything which, in the opinion

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40            Additional Charter Powers.

of a majority of the whole council, shall bo a nuisance; to regu­ late the keeping of gunpowder and other combustibles; to pro­ vide in or near the town or village places for the burial of the dead, and to regulate interments therein ; to provide for the reg­ ular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by the proper drains and ditches; to make reg­ ulations for guarding against danger or damage by fire; to pro­ tect the persons and property of the citizens of such town or village, and to preserve peace and good order therein ; and for this purposo, to appoint, when necessary, a police force to assist the sergeant in the discharge of his duties; to prescribe the pow­ ers and define the duties of the officers appointed by the council fix their terms of service and compensation, require and tako from them bonds, when deemed necessary, payable to such town in its corporate name, with such sureties and in such penalty as the council may see fit, conditioned for the faithful discharge of their duties; to erect, or authorize or prohibit the erection of gasworks or waterworks in the town; to prevent injury to or pollution of the same, or to the water or health fulness of the town ; to regulate and provide for the weighing of hay, coal, and other articles sold or for sale in the town, and to provide a revenue for the the town, and to appropriate the same to its ex­ penses ; to provide for tho annual assessment of taxablo prop­ erty thoroin ; to adopt rules for tho transaction of business, and the government and regulation of its own body.

“$20. To carry into effect these enumerated powers and all others conferred upon such town or village, or its council, by this chapter or by any future act of the legislature of this state, tho council shall have power to make and pass all needful orders, by laws, ordinances, resolutions, rules and regulations, not con­ trary to tho constitution and laws of this state; and to pre­ scribe, impose, and enact reasonable fines, penalties, and impris­ onments in tho county jail or the place of imprisonment in said corporation, if there bo one, for a term not exceeding thirty days, for violation thereof. Such lines, penalties, and imprison­ ment shall bo recovered and enforced under tho judgment of tho Mayor of such town or villago, or the person lawfully exor­ cising his functions.

Ҥ36, There shall bo a lien on real estate within such

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Acts of a special nature,

41

town or villago for tho town or village taxes assesod thereon, and for all other assessments, lines, and penalties assessed or imposed upon tho owners therereof by tho authorities of such town or village, from tho time the same aro so assessed or imposed ; which shall have priority over all other liens, except the lien for taxes duo the state, county, and township, and may be enforced by the council in the same manner now provided by law for the en­ forcement of tho lion for county taxes, or in such other manner as tho council may by ordinance prescribe.”

TITLE No. 2.

Legislative acts of a special nature affecting

the city of Parkersburg.

C' iia p .   1. An act, to discontinue'll street in Parkersburg, passed

December 21, 1832. An act to discontinue part of Court street, passed January 2, 1834.

C h a p . 2. Deferences to acts of Legislature of a special nature. C h a p . 3. An act to empower certain rail road companies to pur­

chase and hold real estate in tho city of Parkersburg.

CHAPTER I.

An act to discontinue a street in Parkersburg,

P a s s e d D e c e m b e r 21, 1832.

Be it enacted by tho General Assembly:

§1. That, so much of a street, in tho town of Parkersburg in tho county of Wood, lying on the bank of the Little Kanawha river, as leads from Green street, to the upper limits of said town shall be, and the same is hereby discontinued as a street of said town.

2. This act shall be in force from the passing thereof.

An act , to discontinue part of Court /Street.

P a s s e d J a n u a r y 2, 1831.

Bo it enacted, &c.

£j l, .That, so much of tho Court street as extonds from Green

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i'Z References to Legislative Acts of a special nature.

street, to the Little Kanawha river in the town of Parkersburg in the County of Wood shall be, and the same is hereby discon­ tinued as a streot of said town.

CHAPTER II.

References to Legislative ads of a special nature in relation

to Rarkersburg.

§1. “An act to incorporate the Parkersburg Manufacturing Company” passed February 9, 1829, “lor the purpose of manu­ facturing cotton, hemp, wool, flax, flour, Indian meal or any of them.” Capital stock to be not loss than five thousand, nor moro than twenty thousand dollars. (Acts of 1829, chapter 119, page 117.)

§2, “An act to amend the charter of the Parkersburg Manufac­ turing Company,” passed March 30, 1837. Authority to increase the capital stock to any sum not exceeding one hundred thousand dollars—and permission given to manufacture, iron castings, lumber, steam engines and boats or any of thorn, in addition to the articles specified in the act of February 9.1820. Acte of 1837 chapter 201, pages 244-5.)

§3. An act, to establish an inspection of tobacco at Parkers­ burg, Passed January 10, 1842. (Acts of 1842, chapter 141, page 87.)

§4. An act, to incorporate tho Parkersburg Literary Associa­ tion, passed January 11. 1844. (Acte of 1844. chapter 114. page 90.)

AN ACT

§5. Concerning the town of Parkersburg, in the County of

Wood.

P a MR KM M AHC.U 30, ISIS.

“Be it enacted by tho General Assemblj*:

§1. That tho President, Rocordor, and Trustees of the town of Parkersburg; in their corporate capacity, be, and they are here-

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Authority to purchase Property.             43

by authorized and empowered to purchase for such sum as may bo agreed on, not exceeding two thousand five hundred dollars, the right, title, interest and estate which individuals may havo in and to the shores and banks of the Little Kanawha and Ohio rivers, along the front ol the said town, and which were re­ served by the sixth section of “An Act Incorporating the town of Parkersburg,” and in and to so much of the land adjacent thereto, us lies between the said rivers, and Kanawha and Ohio streets, as the said streets are dolinoated on the map or plan of the said town, now of record in the county of Wood.

$$2. Be it further enacted , That upon the conveyance to the said corporation of the right, title, interest and estate aforesaid, it shall bo lawful for the President, Recorder and Trustees to exe­ cute and deliver to the parties entitled thereto, bonds signed by their President, and sealed with their common seal, conditioned for the payment by the said corporation of the said purchase money, and the interest which may aceruo thereon ; and it shall moreover bo lawful for the said President,Recorder and Trustees constituting the council of the said town, to appropriate tho pro­ ceeds of any taxes which they are now, or may bo hereafter em­ powered to levy and collect, or any other revenue of the said town to tho payment of the said bonds and interests.

§ 3. Be it further enacted, That tho said lands, banks, and shores when conveyed as aforesaid, shall be held by the said cor­ poration lor the use of tho inhabitants of the said town, and no part thereof shall be occupied or appropriated, except for public purposes conducive to tho welfare, comfort or convenience of the said inhabitants and of those doing business, or having inter­ course with them by land or water, or appertaining to tho navi­

gation and use of tho said rivers, or either of them, including (

tho construction of wharves and landings, which tho said council are hereby authorized to establish along tho whole front of the said town, or any part thereof, and for tho use thereof, to de­ mand, recover and receive such reasonable compensation or fees, as they shall fromtimo to time ordain and establish.

Provided , That nothing in this or tho preceding sections of this act contained, shall bo so construed as to impair or in any wise prejudice the rights and privileges of the vendors or present proprietors of tho said lands, banks and shoros, in and to any ferries hci’otoforo established from the same across the said riv«

-----------------------------------------------------Page 52-----------------------------------------------------

44              Duties of Officers, &e.

ovs, or either of them; nor so as to make the boats or other crafts employed thereon, or on any ferries which the said proprietors may hereafter apply for and procure to bo established from the said lands, banks and shores, chargeable with wharfage fees, at any wharf or landing established at the usual place of landing .any such ferry.

And jxrovided further, That all Ferry rights and privileges) in­ cluding the exclusive righfeto apply for, and have established addi­ tional ferries which now do or might appertain to the lands, banks and shores hereby authorized to be purchased by the said corpo­ ration, are expressly reserved to the present proprietors thereof, their heirs and assigns, but the right is hereby reserved to the Genoral Assembly to require the said proprietors, their heirs and assigns to increase and improve the facilities for crossing the said rivers at any of the ferries, and to alter and modify tho rates of toll chargeable at tho same, as the necessities and convenience of tho public may from time to time demand.

§4. Be it further enacted, and is hereby declared, That tho citi­ zens and residents of the said town are not, and shall not here­ after bo liable to' work tho roads of tho County of Wood, lying within tho bounds of tho said corporation ; and that the Court of tho said County has not and shall not. hereafter have power to lay off tho said town or any part thereof into a road, precinct or precincts.

§ 5. Be it further enacted, That tho said Council shall have au­ thority to ordain and enforce by suitable penalties such regula­ tions as they shall deem necessary or proper to prevent accidents by fire within the said town, or to secure the inhabitants there­ of, and their property, as far as practicable, from injury thereby, and especially to provide for the establishment, organization, equipment and government of fire companies in tho said town, and to purchase and keep in good order and repair fire engines and other apparatuses for the extinguishment of fires, and the necessary land and building for depositing and securing tho same.

§6. Be it further enacted, That it shall bo lawful for the said Council to grant or rofuso licenses to the owners or keepers of hacks, carts, wagons, drays and other wheeled carriages, kept in the said town for hire; to levy and collect taxes thereon, and to subject the same to such regulations as, in their opinion, the in-

-----------------------------------------------------Page 53-----------------------------------------------------

Minor Legislative Acts.

45

terost or convenience of the inhabitants of the said town re­ quires. They shall further havo and collect taxes from hawkers, pedlars and store-boatmen, vending goods, wares and merchan­ dise, within the said town or at the wharves, landings, banks and shores thereof.

§7. .Un it further enacted, That after the present year, the an­ nual elections of Trustees of tho said town, shall bo held on the Saturday noxt succeeding the first Monday in January, instead of the time now prescribed by law, and the Trustees elected at the election to bo held in May next, shall vacato their offices as soon as a majority of thoso elected in tho ensuing January are duly qualified.

§ 8. This act shall be in force from its passage.”

§ 6. An act to authorize tho Northwestern Bank of Virginia at Parkersburg to loan tho town of Parkersburg any sum not ex­ ceeding ten thousand dollars. Passed May 11, 1852. (Acts of 1852, chapter 398, page 294.)

$7, An act to incorporate tho Parkersburg Bridge Company. Capital stock. Votes of stockholders, construction of bridge, height, tolls, reserved rights of Legislature. Acts of 1867, chap­ ter 12, page 16. Amended and revived by act , of 1871, chapter 82. page 109.)

§8. An act to incorporate tho ‘'Citizens liailway Company" of tho city of Parkersburg, capital stock not less than ten thousand dollars, nor more than two hundred thousand, dividod into shares of fifty dollars each. Kailway of singlo tract, may com­ mence at any point at tho corner of Kanawha and Ann streets and run along and upon other streets, #c, Acts of 1869, chapter 128, pages 96-7-8.

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46 Rail Road Companies to purchase Real Estate.

CHAPTER III.

AN ACT

To empower certain Railroad Companies to purchase and hold real estate in the city of Parkersburg and Wood

County.

P a s s e d F e b r u a r y 28, lSttii,

Bo it enacted by Die Legislature of West Virginia :

The Baltimore and Ohio Railroad Company, the Northwestern Virginia Railroad Company, and the Marietta and Cincinnati Railroad Company, or any of them, or any railroad company connecting with any of the above named companies, or which may become the purchaser or purchasers of the North-western Virginia Railroad, are empowered to purchase and hold the fol­ lowing real estato in the city of Parkersburg, viz: Lois num­ bered thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight and thirty-nine, on the plat of said city, being in quantity two and two-thirds acres of ground, bounded by Washington, Green, Littleton and Avery streets, being the same formerly held by the North-western Virginia Railroad Company, known as the Central Depot, together with such other real estate in said city any in Wood county, not ex­ ceeding twenty acres in addition to the lands which such com­ panies now have the right to acquire by law, as may be necessa­ ry for depot buildings, machine shops and other purposes apper­ taining to the businoss of railroad companies.

TITLE NO. 3 .

Legislative acts of a more general and per­ manent nature, affecting the City and certain Companies and Corporations.

Q i i a p . 1. An act authorizing the Council to turn Pond Run into

the Ohio River.

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Authority to turn Pond Pun.                   47

C h a p .   2. An act enabling’ the Council to change the names of

the streets of Parkersburg. Same act amended ancl re­ enacted. Authority to change location of one of its streets. An aot establishing uniform grades and sys­ tem of drainage.

C h a p . 3. Authorizing the Mayor and City Council and Board of

Supervisors of Wood county to lend their bonds for man Ufa cturi n g p u rposos.

C h a p . 4. An act amending and revising an act to incorporate

the Parkersburg Bridge Company.

C h a p . 5. References to laws relating to the Little .Kanawha

Navigation Company. Ordinance to create a sinking- fund lor redemption of bonds termed “Little .Kanawha Navigation Loan.”

CHAPTER I

AN ACT

Authorizing the Council of the town of Parkersburg to

turn Pond Pun into the Ohio Piver without the cor­

porate limits of the said town.

Passed Ootober 21,1SG3.

S e c .                                           I Si# a

1.     Council autihorlssed to turn Pond I. Mootings of tins same. llun into tin! Ohio UI v im -. 15. Proceedings conformed to Code. 2. Arbitration in ciiso of disagreement | Additional authority of Council, about lands. | Subject to (Jimp. 50 of tlio Code.

ii. Notice io bo given of appoiatmont

of arbitrators.

Be it enacted by the Legislature of West Virginia:

§1. The council of the town of Parkersburg are hereby au­ thorized and empowered to cause the channel or bed of Pond Pun, in the county of Wood, to bo so changed as to discharge the water thoreof into the Ohio river, at such point or place, without ,thc present corporate limits of the said town, as they shall determine, and for that purpose to cause to be constructed such dams, embankments, canals, and aqueducts as they may deem expedient.

§2. If the council of the said town cannot agree on the terms of purchase with those entitled to lands wanted for the purposes of this act, five disinterested freeholders shall bo appointed by tho circuit court of the said county, any three of whotn may act

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48            Authority to turn Pond Pun.

for the purpose of ascertaining a just'compensation for such lands.

^3. Where it is intended to apply for such appointment, ten days previous notice thereof shall bo served on the tenant of the freehold, or his guardian or committee. But if there bo no such tenant, guardian or committee within tho said county, the notico instead of being thus served, may be published once a week^for four weeks in some newspaper published in tho said county, and postod at tho door of the court house thereof.

§4. Upon its appearing that notico has boon so given, the said court shall appoint such commissioners, and in the order appoint­ ing them shall designate the day for them to meet. Any one or more of them attending on the land may adjourn from time to time until the business shall bo finished.

§5. All other proceedings necessary iri tho premises shall bo conformed to and in accordance with the provisions, so far as applicable, of the ninth, tenth, eleventh,twelfth, thirteenth,four­ teenth, sixteenth and twenty-ninth sections of chapter fifty-six of the Code of Virginia, second edition, substituting for tho words “court of the county or corporation,” wherever they oc­ cur in tho said sections, tho words “circuit court of tho county of Wood.” And the said council is hereby further authorized and empowered to enter upon any convenient lands for the purpose of obtaining therefrom wood, stone, gravel and earth to be used in the construction of tho works mentioned in the first section of this act, under and subject to the provisions, so far as applica­ ble, of the twenty-seventh section of the said chapter of tho said Code.

CHAPTER II.

AN ACT

To enable the Council of the City of Parkersburg to

u change the name of the streets thereof.

Passed February 10. 1806.

Bo it enacted by tho Legislature of West Virginia;

That tho Mayor and city council of t.lio city of Parkorsbug’at

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Changing the location of a street ,           49

the first meeting thereof, in the month of April, eighteen hun­ dred and sixty-six, aro hereby authorized and empowered to change the names of any, or all the streets in said city, and sub­ stitute such names as they may deem proper, and that the names so substituted shall bo legally hold as the names of said streets, after (lie publication thereof. Santo act amended and ro-euact­ ed. (See acts of 1808, Chapter 42, page 31,) by adding the fol­ lowing words ; “For a period, of two weeks in any paper published in said City."

AN ACT

To authorize the City Council of Parkersburg to change

the location of one of its streets.

Passed February 15,1800.'

Be it enacted by the Legislature of West Virginia :

That the Council of the city of Parkersburg bo and the same is hereby authorized to change the location of so much of the northwestern turnpike as now extends from Julian street to Ann street, in said city, by discontinuing the same and substi­ tute Now street for that portion of said turnpike thus discontin­ ued. But this change is not to tako place until the consent of the owners of the property on the turnpike discontinued as aforesaid, bo obtained to the change thereof.

AN ACT

Establishing uniform grade and system of drainage in

the City of Parkersburg

Passed February 27,1807.

Be it enacted by tho Legislature of West Virginia:

§jl. The city Council of Parkersburg shall previous to the first day of March, eighteen hundred and sixty-seven, cause to bo made and adopt a completo system of grades and drainage for tho stroots and alloys thereof, and place the same on record in the Recorder’s office of Wood county, and also in tho office of the city Engineer; which system of grades and drainage shall be fixed and permanent, subject to tho provisions and limitations of this act.

§ 2. When property now within the city limits, or hereafter added thereto, is laid out, it shall bo the duty of tho Council to

-----------------------------------------------------Page 58-----------------------------------------------------

50          Oracle and system of drainage.

cause to be made and adopt a system of grade and drainage lor said additions, within six months from the date thereof, which shall in like manner bo recorded, as provided in soction first of this act; and if found necessary, the previous system of grades and drainago may bo changed for a distance not exceeding one square within tho connecting lines thereof.

§8. If, at any time, the City Council of Parkersburg may de­ sire to change the grade of any street or alley from that estab­ lished by virtue of this act, it may have the power to do »o, provided the assont of a majority of tho property owners along the line of said proposed change, bo first obtained thereto; Provided, That if said change be doomed expedient for the gen­ eral welfare of the city, and tho assent of a majority of tho property owners along tho lino of said proposed change cannot bo obtained thereto, the Council may make tho change upon the payment of such damages as may be agreed upon by said prop­ erty-holders and council; and in case such damages cannot bo agreed upon by any of said property-holders and Council, then tho Council may make tho desired change in such grado, upon lowering or raising the buildings along said line to the proposed grade.

$4. No person or property-holder opening now streets or laying out lots within the corporate limits of the city of Park­ ersburg. shall have tho right to change tho direction or course of or continuation of any street oralley then existing in parts laid out and adjacent thereto, nor to closo any stroet or alley, so that it cannot bo continued through tho said property, nor to lesson or decrease the width of any such street or alley; and such survey continuation of streets and alloys shall be subject to the endorse­ ment or rejection of the City Engineer; and upon the return to the city Council of any plat of streets and alloys, endorsed by the city Engineer and duly recorded, the said Council shall cause to bo released from taxation so much of said property as is com­ prised in streets, alleys or public squares.

N o t ic . —The first section of the foregoing Act was amended by nil Act passed Fob. 28, 1872, by Inserting tho words, “previous In tho first day of November, 1872,” in lieu ol' “previous to tlie first dny of March, 1807.”

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'lo Loan Bonds for Manufacturing Purposes. 51

CHAPTER III.

AN ACT

Authorizing the Mayor and City Council of the City of Parkersburg and the Board of Supervisors of Wood County, West Virginia to lend their bonds for manu­

facturing purposes.

P a s s e d D e c . 15,1808.

[Action of the City Council under this Law in the matter of M. J.

O'Brien <& Bros.']

8KC.                                      I      made; borrowers to pav Interest 1.          Issue of City Bods authorized; rate I      semi-annually; how loans secured, of Interest,; trustees of Loan; on I              Bonds not to be Issued until major- wlmt terms loans of Bonds may be ]           ity of voters concur.

.Be it enacted by tlio Legislature of West Virginia:

§1. That the Mayor and Council of tho city of Parkersburg are hereby authorized and empowered to issue the bonds of said city to an amount not exceeding two hundred thousand dollars, for the purpose loading tho same to manufacturers carrying on business in or near tho said city, in said county of Wood. The said bonds shall run twenty years, and bear interest at six per centum per annum ; and they shall be issued upon tho recom- mondation of tho following named persons, who shall bo consid­ ered tho trustees of said loan, that is to say : Daniel Jl. Neal, Hamucl Stewart, Henry Logan, Jus. M. Jackson, Wm. B. Cas­ well, Thomas D. Wilson and Wm.N, Chancellor, who shall have power to fill all vacancies that may occur in their number. They shall have power to make loans of said bonds to good, sol­ vent companies, or individuals on the following terms, that is to say: When persons engaging in manufacturing shall have in­ vested in their business, thirty-fivo (35) per cent of tho amount proposed to bo omployed in tho business of manufacturing, clear of all liabilities; to be shown to said trustees by affidavits of the applicants, or by other satisfactory evidence, and when such proof is furnished, then said trustees, five members concurring, may lend to such applicants such amounts of said bonds, ns they may deem proper and judicious, not, howevor, to exceed sixty- five per cent, of the capital proposed to bo used in manufactur­ ing, by tho applicant; Provided, however when such loans shall bo made, tho interest thereon shall bo paid by tho borrower Bemi-annuallv to tho treasurer of said city; and five per cent.

-----------------------------------------------------Page 60-----------------------------------------------------

52           Aid to M. J. O'Brien & Bro.

of tho principal shall be paid annually to the said city by tlvo

borrower, to be placed to the account of the sinking funp of said I

city, until the several loans are paid in full. The said loans shall be secured by deed of trust or mortgage on real estate, or by other satisfactory security, sanctioned by said trustees. And

provided, also, that no bonds shall be issued under this section I

until a majority of the qualified voter’s of said city, concur in the same by voting for or against the same, at an election to bo held for that purpose.

N o t e .—T he 2d section of this Act authorizes the Hoard of (Supervisors of Wood County to issue County Bonds, not exceeding in amount, §100,000, for slml- l«r purposes and under similar conditions,

Action of the City Council in the matter of M. J. O'Brien A Bro.

by authority of the foregoing statute, and references [to the City I

.Record .Boohs showing the proceedings at large of the Council. A communication having boen received from M. J. O’Brien A Bros, in regard to the erecting by them of a manufacturing es­

tablishment and marino railway within the city limits, was read, j

whereupon the Council passed arosolution, that when satisfactory certificates were produced, council would release said establish­ ment from city taxation, Ac. [It. Book, page 104, September G,

1870. '

[Resolution releasing said firm from payment of balance of

certain bonds, under certain conditions. [It. Book, page 320, j

April 22, 1873.]

“The Trustees of the City loan” (acting by virtue of the fore- j

going statute) present their report in writing, Ac. (R. Book, pago 325, May 13, 1873.)

Report of said trustoos recorded. It. Book, pago 320.

City Attorney presented to the Council a Trust deed executed by O’Brien Bro, which was accepted and ordered to bo recorded, wheroupon it was resolved that upon the execution of said trust by M. J. O’Brien A Bros, the Clerk is authorized to issue 810,000 \ of the City bonds, Ac. (Ii.Book, page 327, May 13,1873. An order citing certain acts had in the promises touching the I proposed loan; reference to a former election; that securities tendered are satisfactory; that 810,000 of tho bonds of the City I uroperly signed by the Mayor and Clerk of City Council be do-

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To Incorporate the Parkersburg Bridge Company. 53

livorcd to M. J. O’Brien & Bro. forthwith, &c. (it. Boole page 333, June 10,1873.)

An order directing an additional 810,000 of the City bonds be delivered to M. J. O’Brien & Bro. (E. Book, page 354, Sept. 9, 1873.)

CHAPTER IV.

AN ACT

To amend and revive an act to incorporate the Parkers­

burg Bridge Company , passed Feb. 9, 1867.

l’amed Feb. 20,1871.

S e c . S e c .

J. opening of subscription books. (i. Authority to subscribe the capital 2. Capital Stock—Incorporation. ' stock.

!i. Vote of Stockholders. 7. Privileges of Company. Consoli­ i . Construction of bridge Its     height. dation. 0. Tolls.

Be it enacted by the Legislature of West Virginia:

§ 1. That it shall bo lawful to open books under the superin­ tendence of Okcy Johnson, J. N. Camden, Andrew G. Clark, Charles H.Slmttuck, and Henry Logan, or any three of them, to

J receive subscriptions to the capital stock of the Company hereby

incorporated for the construction of a bridge across tho Little

J Kanawha.River.

§2. Tho capital stock of said company shall consist of not ex­ ceeding one thousand shares of fifty dollars each, and when three hundred shares have been subscribed, tho subscribers, their 1 heirs, executors, and assignees are hereby incorporated by tho name of “Tho Parkersburg Bridgo Company,” and shall have all [ tho privileges, and bo governed by the laws of this State relating I to bridgo and turnpike companies, so far as tho same arc applica- j bio to, and do not come in conflict with this act.

§3. At the election of officers, and all general business of the | company, each share of stock shall bo entitled to one vote, which J may bo cast either personally or by proxy.

§4. Tho said company shall have power to construct a bridgo

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54    Lillie    Kanawha    Navigation    Company.

across the Little Kanawha river at any place between the mouth of Worthington Creek and the north side of Market Street in the city of Parkersburg, provided the same shall bo so construct­ ed by draw or otherwise, as in no way to obstruct the naviga­ tion of said river by any class of steamboats, under a penalty of one hundred dollars for each and every day it shall be so ob­ structed.

§5. Tho tolls charged by said company shall not exceed upon persons or property the tolls authorized bylaw, to be charged by the Little Kanawha Bridge Company.

§ G. The Mayor and council of the city of Parkersburg, and the Supervisors of Wood county, aro hereby authorized to sub­ scribe for such portion of tho capital stock of said company as they may think proper so to do, and issue the bonds of tho city, or county, in payment for the same, and whenever they, or either party see proper to purchase the interests of' tho other stock­ holders they may convert tho same into a free bridge without further legislation.

§7. The privileges and franchises granted by this act shall in no wise interfere with tho privileges and rights heretofore grant­ ed to the Little Kanawha Bridge Company against their con­ sent; and the said Little Kanawha Bridge Company is hereby authorized and empowered to consolidate said company with tho Parkersburg Bridge Company, upon such terms and conditions as they may see fit, whereupon the Parkersburg Bridgo. Compa­ ny shall succeed to and bo invested with all the rights, privi­ leges and franchises of said Little Kanawha Bridge Company.

CHAP. V.

.'References to Laws relating to the TAitle Kanawha Nav­

igation Company.

HKC. I Sue.

1. Act. of Incorporation, and acts .'!■ Act further amending the charter

amendatory thereof. | of said Company and uuthorl/.liiK

”, Act amending former acts, and an- 1 i lie City of l. k arkershnrg to issue Its t horisd ng the City of Parkersburg I bonds, and Ktiarant.ee the bonds of to subscribe to the capital stock of| said Company, said Company.

1. At the extra session of the General Assembly of the State of Virginia, commencing December 4, 1862, an act was passed incorporating tho Littlo Kanawha KayigatiQn Compainy

-----------------------------------------------------Page 63-----------------------------------------------------

Little Kanawha Navigation Company, 55 February 4,18G3. ( See the acts of that session, chapter 77, page 70.) This act was amended March 1,1864. (See session acts of that

year, chapter 32, page 22.)

These two acts were amended February 28, 18G6. (See session

acts of that year, chapter VIZ, page 117.)

The charter of said company was further amended March 4, 18G8. (See session ads of that year, chapter 1G8, pages 134, 135, 13G, 137 and 138.)

2. Tho charter was further amended February 19, 1870, au­ thorizing the city of Parkersburg to subscribe to tho capital stock of said company as follows :

AN ACT

To amend an act entitled “ An Act to amend the charter of the Little Kanawha Navigation Companypassed March kth, 1868.

P a s s e d P k b r u a iiy   is , is t o .   ^

Be it enacted by tho Legislature of West Virginia:

§1. Tho second section of an act entitled “An Act to incorpo­ rate the Little Kanawha Navigation Company,” passed Februa­ ry twenty eight, cighteoen hundred and sixty-six, as amended by an act entitled “An act to amend tho charter of tho Little Kanawha Navigation Company,” passed March fourth, oightccn hundred and sixty-eight, is hereby further amended so as to au­ thorize the board of supervisors of tho county of Wood to change their loan to tho said company to a subscription to tho capital stock thereof, of like amount, subject to the terms and condi­ tions expressed in the said section, as tho same is horeby amended.

$2. The said second section is hereby further amended so as to authorize and empower tho several boards of supervisors of the counties therein named, and tho Mayor and council of the city of Parkorsburg, respectively, to subscribe to tho capital stock of tho said company such additional sum or sums, as together with their sovoral subscriptions and loans to the said company, if any heretofore made, as in tho whole shall not exceed tho sum of thirty thousand dollars in each case; and tho said counties and city are hereby severally authorized and ompowored to issue tbeiybouds to the said company in paymentof said subscriptions.

-----------------------------------------------------Page 64-----------------------------------------------------

56 Little Kanawha Navigation Company.

or additional subscriptions, upon such terms and conditions as may bo agreed upon with the said company.

§3. The Mayor and council of the said city of Parkersburg, and the boards of supervisors of the counties of Wood and Wirt, are hereby severally authorized and empowered, if they shall elect so to do, to release any lien they may have upon tho works and property of the said company, to secure the payment of in­ terest or principal upon the bonds issued by them respectively, in payment of their several loans, or subscriptions to tho capital stock of said company. But nothing herein contained shall im­ pair or afl’oct the right of tho said city or the said counties to collect and receive tho dividends which may bo declared upon the capital stock of tho said company owned by them respective­ ly-”

§3. The charter was further amended February 28, 1872, au­ thorizing tho city of Parkersburg to issue its bonds in payment of subscription to capital stock and also to guarantee tho pay­ ment of the bonds of tho company. Tho act is as follows :

AN ACT

To amend and re-enact an act passed February 19, 1870, amendatory of "An Act to amend the charter of the Little Kanawha Navigation C o m p a n y p a s s e d March 4, 1868.

P a s s k d F e b iiu a h y 28, 1872.*

Bo it enacted by the Legislature of West Virginia :

§1. Thesocond section of an act entitled “an act to incorporate the Little Kanawha Navigation Company,” passed February 28, 18G6, as amended by an act entitled “an act to amend tho charter of the Little Kanawha Navigation Company,” passed M.arch 4, 1868, is hereby further amended so as to author- ize the board of supervisors of tho county of Wood to change their loan to the said companj' to a subscription to the capital stock thereof of like amount, subject to tho terms and conditions expressed in tho said section ns tho same is hereby amended. §2. The said section is hereby further amended so’as to author­ ize and empower tho several boards of supervisors of the coun­ ties therein named, and the Mayor and council of tho city of

Parkersburg to subscribe to the capital stock of said, company

-----------------------------------------------------Page 65-----------------------------------------------------

Little Kanawha Navigation Company. 57

such additional sums as they may doom expedient and proper to be used towards the completion of said work, not to exceed twen­ ty thousand dollars each, and the said counties and city are here­ by severally authorized and empowered to issue their bonds in payment of such subscriptions or additional subscriptions, upon such terms and conditions as may bo agreed upon with said com­ pany, and the said boards of supervisors of the counties named as aforesaid in said act, and the mayor and council of the city of Parkersburg are further authorized and empowered to loan the bonds of the said counties and city respectively, to said company in suoh sums as they may deem expedient and proper, and the said counties and city are hereby severally authorized and em­ powered to issue their bonds to tho said company in payment of such loan, or additional loans, upon such terms and conditions as may be agreed upon with said company, and further, the said boards of Supervisors of tho counties named as aforesaid, and tho mayor and council of the city of Parkersburg, are respects ively authorized and empowered to guarantee the payment of tho bonds of the said company in such sums as they may deem ex­ pedient and proper, by tho endorsement of the bonds of the said company, in such form, and upon such terms and conditions as may be agreed upon with said company. The said boards of supervisors and the mayor and council of the said city of Park­ ersburg are hereby fully authorized and empowered to make said subscriptions, loans or guarantees by endorsement as aforesaid, at any regular meeting, or at any special moetings, in which three-fourths of the members of said boards of supervisors, or tho mayor and council of the said city shall bo present.

§3. The mayor and council of the said city of Parkersburg, and tho boards of supervisors of tho counties of Wood and Wirt are hereby severally authorized and empowered, if they shall elect so to do to release any lien they may have upon the works and property of the said company, to secure the payment of in­ terest, or principal upon tho bonds issued by them, respectively, in payment of their several loans, or subscriptions to tho capital stock of said company. But nothing'herein contained shall im­ pair or effect tho right of tho said city or tho said counties to col­ lect and receivo the dividends which may bo declared upon tho capital stock of tho said companj' - owned by them respectively. &4.. The said company shall not collect tolls or lockage on any

-----------------------------------------------------Page 66-----------------------------------------------------

58 Little Kanawha Navigation Company.

article or thing coining from the west fork of said river, or on any articlo or thing put into said little Kanawha river abovo the mouth of the said west fork, except one dollar and fifty cents on each boat or barge, laden or unladen, and on each raft, at each lock completed, and in working order. But when the improve­ ment is completed to the mouth of said west fork of the Little Kanawha river, said company may collect such tolls as are allowed by law on articles put into said river, at places where the same is improved by slack water navigation.

§5. And it is further enacted, that said Little Kanawha Navigation Company shall construct and complete, and have in adequate working order all the necessary locksand dams between lock and dam number one, as the same is now numbered, and lo­ cated above the town of Elizabeth, in the county of Wirt, and the mouth of the said Little Kanawha River, within two years from the date of the passage of this act. And if the said com­ pany fail so to construct and complete and have in adequate working order, all the said locks and dams, from the said lock and dam number one, as now numbered, and located as aforesaid, to the mouth of said river, within said two years after the pass­ age of this act, the said company shall forfeit all its privileges, rights, and franchises to, and upon said river and overy part thereof heretofore, and hereinbefore granted said company. §6. All acts and parts of acts inconsistent with this act, arc

hereby repealed.”

An Act was passed February 16, 1869, releasing bonds from taxation issued for improvement of Little Kanawha Eivor. fiee Acts 1869, Okay. 23.

AN ORDINANCE

To create and maintain a sinking fund for the redemp­ tion of the bonds of the city, termed the “Little Kan­ awha Navigation Loan."

Passed February 7llij 1871.

Bo it ordained by the Mayor and Council of the city of Park­

ersburg :

§ 1. That for the purpose of creating and maintaining a fund

-----------------------------------------------------Page 67-----------------------------------------------------

Little     Kanawha     Navigation     Company.     59 for the redemption of’ tho citj r bonds known as the “Little Ka- nawha Navigation Loan,” there shall bo sot apart, annually, one per centum of all the taxes assessed and collected in said city which amount shall, from year to year bo demanded of thcooun- cil and held and controlled by tho same Commissioners that now hold and may hereafter hold and control the sinking funds here­ tofore created by tho council, who shall keep said fund invested in such manner as shall best provide for the increaso and safety of the same, until such time as it shall bo sufficient to redeem said bonds, but if at tho end of fifteen years from tho date of said bonds it be found that the said fund will not be sufficient for their redemption, then said Trustees may demand, annually, such additional per centum as shall bo adequate for their redomed tion, at maturity.

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60                   Ordinances,

Ordinances of the City of Parkersburg.

TITLE NO. 4.

NUISANCES.

C h a p . 1.   To provent certain nuisances, &c.

“    2. For the correction of certain nuisances. “    3. Blowing of steam whistles prohibited.

CHAPTER I.

AN ORDINANCE

To prevent certain nuisances in the city of Parkers­

burg.

Bm                                   1 sk c ,

1.     Lot subject to bo covered with slag-1 nmlatoon lot.'

liant water, to bo llllod, raised nr i 3. Penally for leaving carcass    of    any

drained by owner. animal a c ., In street or alley.

2.      Penalty for allowing Mill to accu-1 1. When to take direct.

Bo it ordained by the President, Recorder and Trustees of the

Town of Parkersburg:

§1. That in case any lot or parcel of ground in the said town shall be subject to bo covered, in whole or in part, with stagnant water, it shall be the duty of the Supervisor, in the ward wherein it is situated, to cause notice to be given to the owner or owners thereof to have the same filled up, raised or drained within such time (provided the same bo not less than twenty days) as the said Supervisor may require; and if any person, so notified by tho said Supervisor, fail or neglect to fill up, raise or drain said lot or parcel of ground in the time or manner required by the said Supervisor, then the said owner or owners shall forfeit and pay to tho said town a line of not less than live nor moro than twenty dollars for every twenty-four hours after the time fixed by the said Supervisor. [Form, of notice Number 2.)

§ 2. Be it further ordained, That if the owner or owners of any lot or parcel of ground in the said town, or occupier or oeoupi-

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Correction of Nuisances.                61

era thereof, shall permit any offensive or unwholesome substance to remain or accumulate thereon they shall forfeit and pay to the town a fine of not less than ono nor more than ten dollars for every such offense; and for every twenty-four hours the same shall bo permitted to remain thereupon shall bo regarded as a now offense. (Form of complaint No. 3, of Warrant No A.) §3. Bo it further ordained, That no person shall cast or leave exposed in any street, alley, lot or common, or on the river bank within the limits of the corporation, the dead carcass Of any ani­ mal, or unsound beef, pork or fish, or any other putrid or un­ sound substance that may bo detrimental to public health, or any ashes, shavings, slops, or othor rubbish or filth, on pain of forfeiting for every such offense a sum of not less than ono nor more than twenty dollars. [Same form for complaint and war• rant.)

§4. This ordinance shall bo in force from its passage.

CHAPTER II.

AN ORDINANCE

For the correction of sundry nuisances, cbe.

PuiMcd July 18, 1888.

Prohibiting swine ami sheep     from going at large.

I )uty of Marshall.

Prohibiting vicious animals      from ^olng at large.

Past riding—shooting—and danger

ous games forbidden.

Klltli anil litter not to bo oust into

any street or alley. Penalties.

Not lawlul to slaughter animals In corporate limits. Ordinances repealed.

Be it ordained by tho.President, ltecordcr.and Trustees of the

Town of Parkersburg:

§1. That from and after the thirty-first day of July, Anno Domini, ono thousand eight hundred and thirty-eight, it shall not bo lawful for any shoop, and from and after the thirty-first day of October in tho same year, it shall not be lawful for any swine to go at large in any street, alloy or unenclosed ground within the said town ; and it is hereby mado the duty of the MarslialUo take up every swino or sheep which shall be suffered

-----------------------------------------------------Page 70-----------------------------------------------------

62               Correction of Nuisances.

to go at largo contrary to the provisions and intent of this or­ dinance, and to place the same in the pound, or some other suit­ able place, and to sell the same at public auction for cash, to the highest bidder, firstgiving at least three days notice of the time and place for such sale, by advcrtisementin the Parkersburg Gaz­ ette, in which shall bo particularly described the natural and artifi­ cial marks of such swino or sheep, unless thoowner thereof, orsome person for him, shall, previously to such sale, release such swine or sheep from custody, by paying to the Marshall a fee of twenty- five cents for every swine more than three months old ; and for every swine proved under that age by the oath of the owner or other credible person, and for every sheep, a fee of ton cents as well as the costs of advertising, if there has been an advertise­ ment, and the charges of the Marshall tor watering, feeding and tending the said swine or sheep while in his custody, which shall not exceed fivo cents per day for each swine, and two cents per day for each sheep. Provided, however, That if the owner of any swino or sheep, so taken up as aforesaid, shall, after reason­ able notice to the Marshall, apply to the .Recorder, and show by evidonce other than his own, probable cause to believo that such swine or sheep were lot out of his enclosure, or were driven into the said town without his knowledge and against his consent, the Rocordor may remit the fees aforesaid; and any person who shall, in violation of the spirit and intent o( this section, let out or cause to be let out of any enclosure within the said town, or shall drive or lure, or cause to be driven or lurod into the said town, any swine or sheep, shall be subject to a fine of two dollars, to be recovered with cost from the offender, or his parent, guar­ dian, master or owner, if ho be a minor, apprentice or slave; and any person who shall lot, drive or take out of tho said pound, or othor suitable place, any swine or sheep, taken up by the Mar­ shall, shall be subject to a fine of three dollars, to bo recovered as aforesaid.

§ 2. It shall bo tho further duty of the Marshall immediately after such sale, as in tho preceding section mentioned, to pay over to tho Treasurer tho proceeds thoroof, after deducting his fees and the charges hereinafter allowed, and tho Treasurer shall hold the same for the use of the owner of the swino or sheep so sold for the period of three months, and if such proceeds shall not bo demanded and accepted in full sal isfaotion by tho owner or

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Correction of Nuisances.                63

duly authorized person, before or at the expiration of the period aforesaid, it shall accrue to thesaid town as an additional pen­ alty for the violation of the provisions of the precoding sec­ tion.

§3. It shall not be lawful for any animal, which is known to be vicious, or which has injured any person by biting, kicking, horning, butting or other dangerous propensity, to go at largo, or remain without a keeper in any street, alley, or unenclosed ground of the said town, and the owner of any such animal, who shall sufl’er the same to go at large or remain without a keeper contrary to the provision of this section, shall, if lie, was previ­ ously aware, or had been warned of the existence of any vicious or dangerous propensity in the said animal, bo subject to a lino of ono dollar for the first, and three dollars for the second and ovory succeeding olfenso. [Form of complaint No. 5.]

$4. No person shall, within tho said town, gallop or run any horse* mare or gelding, to tho danger or terror of tho citizens) nor exhibit any stallion, nor let tho same to mar os, nor fire any gun, nor play at long bullets, or other dangerous game, under the penally of ono dollar for each and every offense, nor shall any per­ son play at football or bandy in the public squaro, or any street or alley, in tho said town, under tho ponalty of twenty-five cents; tho said penalties to be recovered with costs of the offender, or his parent, guardian, master, or owner, if a minor, apprentice or slavo. [Same form.']

§5 No porson shall cast or cause to be cast, into any street or alloy, or into the public squaro of tho said town, any stable dung or other litter, under the ponalty of twenty-five cents for each and every offense, and of twenty-five cents additional for every additional twenty-four hours tho same shall so remain, after being warned to remove tho same by the Trustee Supervi­ sor of tho ward wherein such offense has been committed; nor shall any person suffer rotton vegetables, putrid moat, the car­ cases of animals which have died by disease or accident, or other offensive matter to remain upon tho promises occupied by him in tho said town, so as to bo manifestly injurious to tho health or comfort of tho inhabitants or any part of thorn, after being warned as aforesaid to remove beyond tho limits of tho town, or otherwise abate such nuisance, under the ponalty of one dollar

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64              Correctic-n of Nuisances.

for every twenty-four hours the same shall remain unremoved as aforesaid and unabated. [iScwnc form.']

§G. No person shall slaughter or cause to bo slaughtered any hogs, neat cattle or sheep within the said town, from and after the first clay of April until the first day of November in ovory year, under the penalty of three dollars for each offense. [Same form.']

§7. All ordinances, by-laws, orders, resolutions or parts there­ of, coming within the purview of this ordinance arc hereby re­ pealed.

CHAPTER HI.

AN ORDINANCE

To “Prohibit the Blowing of Steam Whistles” in the cor­ poration, of the city of Parkersburg, West Vir­

ginia.

Passed the'4)lli day oi August, 1871.

S e c ;.                                      Hue.

1 Steam whistles not to bo sounded | I Clovlcs duly to distribute copios oi'

except In coses of danger. this ordinance. 2 Penalty. 5 Commencement, a Penalties how recovered. |

Be it ordained b} r the Mayor and Council of the city of Par­

kersburg :

§1. That if any Enginoor or other porson in charge of any locomotive engine, shall sound or causo or permit to bo sounded within the corporate limits of the city of Parkersburg, or ovor the water of the Ohio river, adjacent thereto, the steam whistle of any such locomotive ongino, oxcopt it bo in ease of actual dan­ ger, shall pay a fine of r.ot less than one nor more than ten dol­ lars lor each and evory such offence.

$2. That if any Master, Owner, Engineer or other person shall sound or cause or permit to be sounded, any steam whistle on any steamboat, while such steamboat is moored at any of the wharves or landings of the city, or within three hundred feet of the same, not required by the United States haws goverfljiig Stcan

-----------------------------------------------------Page 73-----------------------------------------------------

Establishing Public Market, 'Me.               65

boats, such steamboat, the Owner or Owners, or Master thereof shall pay a fine of not less than one nor more than ton dollars. $ 3. The penalties prescribed by thisOrdinance shallbc recover­ able by warrant before the [Recorder in the same manner that other fines are recoverable.

§4. It shall bo the duty of the clerk of the council to have one hundred copies of this ordinance printed, and furnish fifty copies of the same to the Master Mechanic of the B. <fc 0. R. It. Shops in this city, and fifty copies to the Wharf Master, to bo distributed by them to engineers of locomotivos and steamboats respectively.

§5. This Ordinance shall bo in force from and after its passage

and publication, as proscribed in the fourth section.

By order of council this Ordinance is to bo strictly enforced.

(Form of Complaint No. 5; of warrant No. G.)

TITLE No. 5.

PUBLIC MARKET.

C iia v . 1. Establishing   and regulating a Public Market.

CHAPTER I.

AN ORDINANCE

Establishing and Regulating a Public Market.

Passed August 23,1807, and amended and

BEL. 1 Market, established and times fixed

for holding same.

2      Kales of fresh meats, fish, Ac., pro­ hibited at any other place In the city than at the Market House dur­ ing market hours.

Construction given to section 2.

•1   A clerk of the market to bo appoin­

ted. Ills duties dell nod.

5   He fit sal to comply with market rules

subjects oll'ender to line.

(i     Persons forbidden to obstruct the

market by depositing rubbish,hitch­ ing horses Ac.

7      Value of stalls to be fixed, and the

same, rented.

8   Stalls may be transferred.

re-enacted to take effect 1st of April 70.

Sue.

I) Monies collected by clerk to bo paid

Into Treasury.

10 Clerk to receipt, for monies received

and to keep a book staling all mon­ ies received.

11 Not lawful for persons to peddle at retail, meats, fish, Ac., on market day

12 stalls to be designated by numbers. 18 Clerk to keep separate accounts on

Ills book.

11 Gaming, loafing In market, house

prohibited.

Pi Vines, An. to be paid to clerk and ac­

counted for by lilm.

Hi Clerk may rent, one or two stalls for

eating houses or coll'ce stalls.

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66          Establishing Public Market, Sc.

MARKET RULES.

.Bo it ordained by the Mayor and Council of tho city of

Parkersburg.

$1. That a public market for the sale of provisions, country produce, fish and all other articles usually sold in markets, be and tho same is hereby established, to be held at the market house in the said city, on Tuesdays, Thursdays and Saturdays of each week, commencing on the 1-1 th day of September, 1867. And tho said market shall open at 5 o’clock, A. M, during tho months of March, April, September and Octobor, and at 6 o’clock, A. M. for the months of November, December, January and February, and for the months of May, Juno, J uly and August, at 4 o'clock, A. M., and shall close at 10 o’clock, A.' M. on each day except Saturday, when it shall not be closed before 12 o’clock, M.

There shall also be a market on Saturday evenings, which

shall open at 5 o'clock', P. M., and close at 10 P. M.

&2. It shall not bo lawful for any person, on tho market days aforesaid, until after the close of the market to sell or expose for sale by retail at any other place in the said city, than said mar­ ket house, as in said ordinance provided, any fresh meats or fresh fish, nor an}'poultry, fruits, vegetables, or other country produce, under a penalty of five dollars for every such offence, to be re­ covered before and accounted for by tho Recorder, to tho clerk of tho market, provided, however, that any regular merchant, grocer, or dealer at his place of business in said city may, during said market hours, sell tho flour, grain, meal, butter, eggs, poul­ try and potatoes which they may have on hand at the time of commencement of any such market, and provided, moreover, that this section shall not prevent any person from selling any of said articles to any steamboat for its own consumption. (See note at the end of this chapter.)

§ 3. But nothing in this ordinance shall bo so construed as to prohibit any person from selling any article produced or manu­ factured at tho place of manufacture or production.

$4. On tho passage of this ordinance, and as soon as practi­ cable after every general election of council, and. whenever a vacancy may occur, a clerk of the market shall be appointed, who shall give bond, with at least one security, to the amount of fifteen hundred dollars, and after taking an oath of olficj

-----------------------------------------------------Page 75-----------------------------------------------------

Regulating Public Market , &c.             67

faithful performance of the duties connected therewith, shall en­ ter on his duties and hold his office until his successor is appoin­ ted. He shall receive for his compensation the ; uni of five hun­

dred dollars t por annum. It shall bo his duly to attend said

market, and cause notice to be given of the time of opening and closing the same, by bell or otherwise, to see that all rules and regulations for the ordering of said market be strictly complied with, and to notify the .Recorder of all violations of tho same.— At the close of each market ho shall cause the market house and pavements fronting tho same to bo cleansed, and all filth, gar­ bage, litter, offal, &c. to bo removed therefrom, and the whole to be washed with pure water whenever the Mayor may direct, and for the purpose of enabling the said clerk of tho market to effec­ tually perform his duties as aforesaid, he is hereby invested with police powers,

§ 5. Any person or persons refusing to Compl}” with the rules and regulations of tho said market, when required so to do by tho clerk thereof, or molesting or opposing tho said clerk in the performance of his dutios as proscribed in tho ordinances, rules and regulations governing the public market, shall bo subject to a fine or penalty of not less than two, nor more than six dollars, at tho discretion of tho Recorder, to be re­ covered with costs, of the offender, his parents or guardian. (Form of complaint No. 4, of Warrant No. G )

§6. It shall not be lawful for any person to placo or deposit property or rubbish of any kind inside or within twenty feet of the market house, except such articles as are usually sold in mar- kot, nor to fasten any horse, ox, or other quadruped to any post thereof nor in any other way to obstruct the free access of all persons to and from the same, or the free use thereof for all the usual purposes of a public markot, under a penalty of not less than one nor more than five dollars, at tho discretion of the Re­ corder, and tho like sum for every twenty-four hours any such property, quadruped or obstruction shall remain, after being notified by the clerk of the market or any member of the council to remove the same. And tho clerk of the market is hereby author­ ized, peaceably, to remove any such obstructions at the expense of the offender, such expense to be recovered by warrant before Recorder. (Form of complaint No. 4, of warrant No. G; Form of warrant, f) recover expense , No. 17.)

-----------------------------------------------------Page 76-----------------------------------------------------

68         Regulating the Public Market, cfee.’

§7. The council shall immediately after the passage of this ordinance, proceed to declare and affix a value for each stall in­ side of the market house, and for each frontage of stall or permit on the outside of said house. And it shall be the duty of the clerk of the market to advertise by posters, or otherwise, that on a given day and hour he will proceed to rent at public outcry to the highest bidder the preferences forstalls, both inside and out­ side of the market house. And if there should bo any that are not rented on that day, then, and in that case the clerk of the market will be authorized to rent the same by private contract, to any party wishing the same. And for all stalls so routed at public outcry, and by private contract, the title to such stall shall be complete in the party so renting the same, one year from the 15 day of April, 1870, and at the expiration of the year the par­ ty so renting shall continue to have the preference for the sec­ ond year at the same rates, but with this understanding, and not otherwise, that the rent shall bo paid annually before any right to occupy the stall accrues.

4? 8. It shall be lawful for any party having a stall leased to sell and convoy all his rights in said leaso to any party, giving notice to the clerk of the market of such transfer or arrangement and it shall bo the duty of the clerk to nolo such transfers on his book.

§9. All moneys coming into the hands of the clerk of the mar­ ket from any source whatsoever, shall bo deposited, weekly, with the city Treasurer, to the credit of the market house fund, and from whence it shall only ho drawn by order of council, on chock, signed by the Mayor and countersigned by the clerk of council.

£ 10. It shall be the duty of the clerk of the market to receive and receipt for all moneys arising from rent of stalls in and about the market house, and for all temporary privileges granted under or by virtue of this or any other ordinance of thosaid city relating to the public market, and pay over the same as directed in the 9th section of Ibis ordinance, and to keep a book which shall fairly slate all moneys received, and who from, and what for.

$ 11. On and after the first public market established under this ordinance, it shall not be lawful for any person or persons to

peddle or retail from house to house, meats of any kuj4>dp.wi :

-----------------------------------------------------Page 77-----------------------------------------------------

Regulating the Public Market , &c.             69

fish, fruits, or vegetables, on a clay on which a public market has been established, under a penalty of from two to ton dollars at the discretion of the Recorder. (See note at the end of this chapter ) $ 12. The stalls, both inside and outside of the market house shall be known and designated by numbers: which shall bo con­ spicuously displayed over each, and a stall shall consist of the space from center to center of each pillar, and the clerk of the mar­ ket shall assign toother parties than those having stalls rented, localities along the pavement on Market and Littleton streets— compensation to be lixecl by rules governing the market.

$13. The clerk of the market shall keep a book showing the amount of all moneys received by him, and so keep the accounts separate as to exhibit from what source the money came, and shall produce his book for inspection of the council at least once in each month.

$14. All gaming, playing, loafing or sleeping in the market house shall be punished by a fino of not loss than ono nor more than five dollars, at the discretion of the Recorder. (Form of complaint , No. 5, warrant No. G.)

$ 15. All fines and penalties growing out of violations of mar­ ket house ordinances shall bo paid over to the clerk of' the mar­ ket and bo accounted for by him on his books.

$ 16. The clerk of the market may (if there shall be a demand for the same) rent ono or two of the inside stalls to bo used as eating houses or coffeo stalls, to bo occupied as such during the market hours, and at no other time; but the vending of intoxicating liquors ofany kind whatsoever is prohibited,and the person offen­ ding shall bo liable to a fine of not less than one nor more than twenty dollars.

MARKET RULES;

The following shall bo the general rules and regulations for the government of the markets hereby established, a printed

copy of which, and all amendments to the same shall t bo posted

at each opening of the market house, and it is hereby made the duty of the clerk to sco that the same are kept posted up.

1. Commodities exposed for sale shall be so arranged on each side of the markot house as to leave a clear passage through the middle, from end to end, at least oightoon foot wide. ^^ikdls shall be assignod as per purchase of preference.

-----------------------------------------------------Page 78-----------------------------------------------------

70         Regulating the Public Market, &c.

3. The first comers shall have the preference as to places, ex­ cept those assigned to particular persons under the 0th section, and any disputes which may arise as to rights of parties shall he referred to the cleric of the market, whoso docision shall be final and binding on the parties, and any person refusing to conform to such decision shall be liable to a fine of two dollars.

4. All persons offering for sale spoiled or unwholesome moats, fish, fowls or vegetables, or other commodities shall bo liable to a fine of not less than two, nor more than five dollars for each offense.

5. Any person using light weights or incorrect balances, whereby the purchaser is defrauded, shall be fined not less than one, nor more than ten dollars for each offense, and will not bo permitted to use such light woights or balances until he shall have a certificate from the clerk of the market that they are correct.

6. It shall bo the duty of the clerk of the market to examine butter and other articles sold or offered for sale by weight or measure, and if found deficient it shall amount to a forfeiture to the city of the article or articles offered for sale, and if sold the value thereof. It shall bo the duty of the clerk to seize such ar­ ticles so offered for sale, and notify the parties to appear within twelve hours before the Mayor or Kecordor of said city, to show cause why such articles should not be forfeited as aforesaid. 7. If any person shall sell or offer to sell by a false measure, and thereby defraud, or intend to defrad the purchaser, tho pro­ perty so sold or offered for sale shall bo forfeited to tho market house fund, as in the 6th rule.

8. The clerk shall assign to each person arriving on the mar­ ket grounds a given and fixed place for tho sale of their commo­ dities, (except meats, which shall bo sold in tho market house, in one of thostalls thereof,) on any one of the sidewalks of M arkot or Littleton streets as described in----------section, for which place parties shall bo charged as follows for each day : Two horse wag­ on shall pay 25 cents for each day he attends said market; one horse wagon 10 cents; and that a person on foot shall be free. 9. No horses, mules, or oxen will bo permitted to stand

geared to their vehicles during market hours.

10. No person will bo permitted to obstruct tho crossing, of thq

streets, as such crossing approaches tho market housj

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Regulating the Public Market, &c,             71

11. Any person offering to sell bis marketing before the market is formally opened, shall pay a tine of one dollar, and shall cease to sell immediately at close of the market, under penally ot a like sum. (Form of complaint No. 5, of warrant No. 6.)

12. The clerk of tho market shall try all weights and meas­ ures when desired to do so, and his judgment shall be final as to the accuracy of either.

13. Tho stalls .No.-------- being tho stalls next tho alley shall

be reserved for fish market, and only rented for such.

14 if any person shall, by himself, or in combination with others, purchase up any species of marketing, and hold the same so as to control tho prico of the article or articles for the timo being, and thus forestall tho market, ho shall bo fined not less than three, nor more than ten dollars, at the discretion of tho Recorder. (Same forms.)

15. It shnll not be lawful for any person to paste, tack or otherwise attach show bills, advertisements, posters, or anything of the kind, except tho rules and regulations of the market, on any part of the market-house; and for every such posting, tacking, or otherwise fastening up of show bills, advertisements, or posters, the party so offending shall pay a ffiio of not less than ten dol­ lars, to be recovered beftiro the Recorder, and paid over to tho clerk of tho market, and by him deposited with the Treasurer, to the credit of the market fund.

16. It shall not bo lawful for any person to vise tobacco by smoking tho same in the market house during market hours, under a penalty of one dollar for each offense; which penalty shall bo recovered, with costs, bolorc the Recorder. (Same forms.)

[N o t h .—A s 1 o the validity of the 2nd and llMi (sections of this ordinance and nil municipal laws in restraint of trade the followliiKauthorities may be consulted.

2nd Kents Com : 208-11. Am. L. Register vol. (I, p 11(1-7. •Illi Tlill N. Y. Rep. 7(1, 02. Angel and Amos on corporations, chap. 10, g882,1188,881, 335. 3rd Burrows 1858. 6th Cowen 1(12. 2nd Hoisted N. .1.10-1. 17th Vcesey 810. 1 liny 881). 1 Burrows IS, Bacons alir. “By I,aws” B. 61 Kng. C. L. Rep. 100.

Also the following authorities :

Coin’s Digest, vol 2nd 280. Cowpors Rep. 1.2011. 8tli..TollliSOn,418. 10th Wendell 100. 3rd Pickering, 478. ll tli Pldterlng, 107. 10th Pickering, 601. 7th Iowa, 102. 20 U. S. Deg, 227. Anuel and Ainesou Corp’s, 840, j8i0.

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Taxes, how collected, <&c.

TITLE No. 6.

TAXES.

C h a p . 1. To enforce the lien for city taxes in conformity with

the code of West Virginia. ,

C iia p . 2. Fixing the duties of the Assessor of Taxes.

C h a p . 3. To regulate the collection of taxes and penalties.

CHAPTER I.

AX ORDINANCE

To enforce the lien of the city for taxes on real estate, in conformity with section thirty-six, chapter forty seven, of the Code of West Virginia.

Possod February 7, 1871.

S e c .

1 Lots delinquent for taxes to be ad­

vertised.

2 Lots not sulllclently described may

1 >o surveyed by order of the Sergeant

it Sergeant to sell lots delinquent for

taxes.

-I Sale to bo of the lot, or such part as

shall he sulllcient to satisfy the tax­ es thereon.

5 Money realized by sale to ho pnld to

Sergeant who is to receipt for same.

S e c .

(I Sergeant, to return list of sales to the council and List to bo copied by cleric.

7 Lota Hold for taxes may be redeemed

in one year.

8 If not redeemed, purchaser ontitled

to a deed.

1) Deed may ho executed to assignee.

10 Persons under disability may re­ deem within one year from the re ­ moval of such disability.

Be it ordained by the Mayor and Council of the city r of Parkers­

burg :

§ 1. That in all cases when any lot or lots of land in the city of Parkersburg, now arc, or may hereafter become charged with the payment of taxes, and said taxes shall remain unpaid for the space of six months after the 15th day of .December, in the year of which they shall have been levied and charged, it shall be the duty of the Sergeant, and ho is hereby required to cause advcrtisomcntsdoscribing the size and location, and where known the number of the said lot or lots, name of the stroet or streets on which they are situated, the amount of taxes thereon respec­ tively due, together with the name or names of tho owner or owners thereof, when known, chargeable with the same, and if any lot or lots have changed hands since tho same became chargeable in tho name or names of tho person or pcrspns„thcn

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Taxes , how collected , <&c.            73

owning the sumo. Said advertisement to bo written or printed, and posted in at least six conspicuous places in said city ; one at the iront door of tho Court House, and one at the front door of the Council Chamber; and if tho council so direct, such adver­ tisement may be published in one or more of tho newspapers that are published in the city of Parkersburg, for such time as it may order. Said noticos shall notify the said owners that unless tho city taxes duo thereon shall be paid to tho Sergeant of tho city within thirty days of the publication of tho notico afore­ said; the lot or lots so charged as aforesaid, or such part thereof as may bo necessary to raise tho sum duo thereon, and the costs of advertising, Avill bo sold to tho highest bidder for tho pay­ ment of the same, with interest thereon at the rate of twelve per cent per annum, on a day therein named.

§2. And be it further ordainod, That whenever the city Ser­ geant may deem it necessary to advertise for salo any lot or lots of ground upon which tho Taxes are remaining unpaid, which in his judgment are not sufficiently described upon tho assessment books, ho shall have said lot or lots surveyed by tho city Sur­ veyor, 'who shall report such survey in writing, tho expenses whereof shall bo charged against said lot or lots, and colloctcd and paid by tho Sergeant, as other costs and charges against said property, incident to selling the same.

§3. And bo it enacted and ordained, that in all cases where tho city taxes aforosaid shall not be paid in the time mentioned in said advertisement, it shall, or may be lawful for the Sergeant of tho city, and ho is horeby authorized and required, after making previous advertisement as aforesaid, to sell at public sale such lot or lots of grand, or each part thereof, or such an undividual interest theroin ; (where a lot cannot bo divided without greatly damaging tho same,) as may be sufficient to dis­ charge the said taxes, interest, costs and charges of salo ; and if said salo is not completed in one day, it may be continued from day to day, until all lots chargeable with taxes aro sold, provi­ ded, that any person or persons having an interest in any lot or lots may redeem tho sumo at any time before tho samo is actually sold, by paying tho taxes, intorost, costs and chargos accrued thereon.

§ 4. Tho sale shall be of such lot, or such quantity thereof, or ,ol‘sucb undivided interest therein as shall be sufficient to satisfy

T

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74              Taxes, how collected , &c,

tho city taxos thereon, including taxes for previous years sinco 1865, together with all costs, interest and charges,provided that neither the Sergeant or deputy of said Sergeant shall purchase any lot or lots, sold in pursuance of this ordinance.

§5. Tho taxes, interest, costs and charges for tho purchase of any lot, or lots, sold iivpursuance of this ordinance shall bo paid down to the Sergeant, who, on receiving from any purchaser tho amount of tho purchase money,shall give to him a receipt there­ for, stating tho lot or lots so sold, with a description thereof, the causo of said sale, and for what year or years, and what amount of taxes charged thereon, for each year, together with the costs and charges thereon, and for every such receipt tlvo sergeant shall be entitled to receive from the purchaser, fifty cents.

§6. The Sergeant shall return to the council a list of tho sales, with tho names of the former owner or owners, where suoh lot or lots may have changed hands since tho taxos wCro assessed, as well as tho names of the purchasers, tho date of sale, tho amount of taxes, interest, charges, costs, &c. paid, to which shall bo attached an affidavit of the Sergeant, setting forth that tho same is a true and correct list of all lots sold by him for non­ payment of taxes; that tho amounts are correct, and that ho is not directly or indirectly interested in tho purchase of any of said lots, which affidavit shall bo subscribed by the Sergeant, and sworn to by hint beforo some person authorized to administer oaths. Said list shall bo correctly copied by tho Clerk, in a book to be providod for that purpose, and tho original preserved by said Clerk.

§7. Tho owner or owners of any real estate sold, his or their heirs or assigns, or any person having a right to charge such real ostate for dobt, may redeem the same by paying to the pur­ chaser, his heirs or assigns, within one year from the salo there­ of, tho amount specified in the receipt mentioned in the 5th sec­ tion of this ordinance, and such additional taxes thereon as may havo boon paid by tho purchaser, his heirs or assigns, on tho said lot or lots, and interest at the rate of twolvo.por cont per annum, on tho taxes, costs and charges, from tho time tho samo shall have boon paid, provided that if tho purchaser cannot be found or refuses to accept tho money for tho redemption of any lot or lots, as provided for in this section, the amount may bo de­ posited with tho Sergeant, who is authorized to j

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Taxes , how collected , cbe.             75

tho purchaser, and is to account for such money in tho same manner as other funds that may come into his hands by virtue of his office.

§8. After the expiration of one year from tho time of purchas­ ing the same, the purchaser of any real cstato sold, and which has not been redeemed in accordance with section 7 of this or­ dinance, shall bo ontitled to receive from tho Clerk of tho city, a deed conveying the same, in which shall be recited all tho ma­ terial circumstances appearing in connection with said sale, from the records of tho council concerning the same, provided that if tho sale be of tho part of a lot it shall be for so many feet front­ ing on a street or alley, and where practicable, shall bo such por­ tion of tho lot upon which there are no buildings, and the deed shall particularly refer to tho part of tho lot sold by metes and bounds, and if any survey has been made, as in section 2nd of this ordinance, the deed shall refer to the report of the Surveyor; and it is further provided, that for every deed drawn and exe­ cuted under this section, the Clerk shall receive five dollars. §9. When tho purchaser, his heirs or assigns has assigned tho benefit of his purchase by a writing duly executed and acknowl­ edged, the deed may be executed to his assignoo.

§10. Any infant, married woman, insane person, or persons imprisoned whose real estate may have been sold during such disability; may redeem tho same by paying to the purchasers, his heirs or assigns, within one year after tho removal of such disability, tho amount for which tho same was sold, with tho nec­ essary charges incurred by the purchaser, his heirs or assigns, in obtaining title under the sale, and such additional taxes on tho estato so sold as may have been paid by tho purchaser, his heirs or assigns, and interest on tho said items at tho rate of twelve per cent, per annum, from the time the same were paid, and if the purchaser cannot be found, or refuses to accept the same, tho amount may bo deposited with the city Scargeant, in tho samo manner, and with like effect, as provided for in section 7 of this ordinance.

§11. This ordinance shall be in forco from its passage,

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76           Duties of the Assessor • of Taxes.

CHAPTER II.

AN ORDINANCE

Fixing the duties of the Assessor of Taxes in the town of

Parkersburg.

2 .

8 .

4 .

Assessor to ascertain all real    estate,

persons and personal property    which 5.   Assessor to make out list of proper­ are subjects of taxation. ty from best Information he can, To report the same to the Council. where persons fall or refuse to fur­ Required to call upon every person nish same.

having such property. 0. Assessor to be governed by the code Penalty tor person refusing to give of Virginia.

Bo it ordained by the President, Recorder and Trustees of the

Town of Parkersburg :

§ 1. That the Assessor of the said town shall bogin on the 15th day of May, instant, and proceed, without delay, to ascertain all tho real estate, persons and personal property in said town, which aro subjects of taxation, and obtain all the information which ho is required to procure.

§2. It shall bo tho duty of tho said Assessor to ascertain all tho said real estate, persons and personal property in the said town of Parkersburg, on tho 15th day of May, and report tho same to tho Council, with his assessment of the value of tho said real ostate, tho list of personal proporty to embrace all the prop­ erty mentioned in tho Act of Assembly, passed April 24, 1852, as subjects of taxation.

§3. To ascertain tho same, ho shall call upon every person in said town having such proporty in his possession or care, and upon every person therein chargeable with taxes, for a list of tho subjects on account of which ho is chargeable, and may ap­ ply to any officer, or agent of any company, or to any porson interested therein, and may administer an oath to any person to make true answers to such questions as ho may ask him in rela­ tion to any matter about which the Assessor is authorized to en­ quire. An Assessor, failing to make any call required by this soction, shall forfeit to the said town, twenty dollars. (Form of Complaint No. 4; Warrant No. 6; Judgment No. 20.)

§4. If any person shall, when applied to by tho Assessor, re­ fuse to furnish a list, or the means of making out a list, or to take such oath as hereinbefore required, or refuse to answer, or answer untruly, any question lawfully asked him bv tlm,Assess^,,

-----------------------------------------------------Page 85-----------------------------------------------------

Regulating the collection of Taxes.               77

or, such person shall, for every such offense, pay a lino of not loss than five nor moro than twenty dollars, to be roeovorod by warrant before the Recorder. (Same Form.)

§5 "When the Assessor, in consequonce of the failure or refu­ sal of any person to do what is required of him, is unable to ob­ tain from him, or throug-h him, such list, the Assessor shall pro­ ceed to make it out from the best information he can otherwise obtain.

§ C. The said Assessor shall, in all things,conform to and bo go­ verned by the rules, regulations and duties required of Commis­ sioners of the Revenue, by 35 chapter of the Codo of Virginia, so far as the samo is applicable.

§7. This ordinance shall take effect from and after the the 15th

day of May, 1857.

CHAPTER III.

AN ORDINANCE

To regulate the Collection of Taxes and Penalties.

Passed July 18, 1812,

H e c . IS b o . 1. Cleric to malic out bills for taxes payment valid.

from assessment books. Receipt to bo taken by tho Recorder.

2 What to be done with bills, and wind |

Bo it ordained by tho President, Recorder and Trustees of tho

Town of Parkersburg:

§1. That it shall bo tho duty of tho Clerk to mako out from tho assessment books, bills for all taxes heretofore imposod by tho Board, and remaining unpaid, and all which shall bo hereaf­ ter imposed, and to certify oach bill so mado out to bo a true transcript from tho said book, which bills ho shall placo in tho hands of the Marshal, to be by him collected, taking his receipt for tho same, and charging him therewith ; and for every bill so mado out and certified, tho clerk shall be entitled to a compensa­ tion of one cent.

§ 2. It shall not be lawful, from and after the passago of this ordinance, for the Marshal to demand or receivo any taxes for which bills, mado out and certified as aforesaid, havo not been placed in his hands by tho Clerk; nor shall any payment of

-----------------------------------------------------Page 86-----------------------------------------------------

78               Protecting Lamp Posts.

taxes hereafter made, bo valid, unless the party claiming to have paid the same, produce a receipt therefor, written or printed, on a bill certified as aforesaid, and signed with the hand of the Marshal, or prove the loss thereof to the satisfaction of the Re­ corder.

\ 3. It shall be the duty of the Recorder to take from the Mar­ shal a receipt for evory execution issued for the recovery of pen­ alties or other monies due tho said town, a list of which receipts, he shall,at least once a month,hand to the Clerk,who shall charge tho said, penalties or monies to the Marshall, to bo accounted for by him in his settlements with tho Board.

TITLE NO. 7.

LAMP POSTS.

CHAPTER I.

AN ORDINANCE

To amend an Ordinance passed February ls<5, 1867, to

protect Lamp Posts.

Passed February 28,1871.

S e c . I S e c .

1. Penalty for hitching animals to 2. Penalty for Injuring lamppost or lamp posts. | gas-burners.

Be it ordained by the Mayor and Council of tho City of Park­

ersburg :

§ 1. That any person who shall hitch, tie or fasten any horse, mule or other animal, to any one, or either of the lamp posts now erected, or which may hereafter bo erected in said city,shall bo liable to, and pay a fine of not less than two nor more than ton dollars, for each and every such offence, at tho discretion of the Recorder; and in addition thereto, shall pay all damages that may result to said city from such hitching, tying or fasten­ ing, to bo recovered as other fines and penalties are now recov­ ered. (Complaint No. 4, Warrant No. 0.)

§2. That any person who shall in any way damage any of said lamp posts, or tho lamp or gas-burners attached to them, or any

-----------------------------------------------------Page 87-----------------------------------------------------

Pumps.                        79

dollars, one half of which shall ho paid to tho person giving tho information; and in addition to such fine, shall pay all damages (hat may result to tho city from such breaking and damage, to bo recovered by warrant before tho rocordor. (Same Forms.)

§3. This ordinance shall bo in force from its passage.

TITLE No. 8.

PUMPS.

C ii a pt   h r 1. For tho protection of public pumps and wells. C h a pt e r   II. To protect Public Pumps.

CHAPTER I.

AN ORDINANCE.

For the protection of the Public Pumps and wells in the

city.

Passed March 7th, 1871.

Po it ordained by tho Mayor and Council of tho city of Parkers­

burg :

SI. That if any porson shall bo guilty of injuring any of tho public pumps in tho city, or causing any injury thereto, so as to make them or any of them, in whole or in part, unfit for use, or shall throw or cause to be thrown any filth or unwholesome matter or material in any of tho public wells, or in any well on private property, in tho city, he, she or they so offending shall bo fined a sum not loss than five, nor more than twonty dollars, to be recovered by warrant before tho Recorder; ono half of which shall be paid to tho person giving tho information. [Form of complaint No. 4, warrant No. 6.]

This ordinance shall bo in force from its passage.

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80                     Wharfs.

CHAPTER II.

AN ORDINANCE.

To 'protect the Public Pumps,

Passed March (1,1808.

Be ii ordained by the Mayor and Council of the City of Parkers­

burg :

§1. That any person who shall water any horse or other ani­ mal within fifteen foot of any public well or pump in said city, shall bo fined not less than one nor more than ten dollars, at the discretion of the Recorder, for each and every offence. Such fine shall bo recovered before the Recorder, in like manner as other fines are now recoverable. [Form 9, Complaint No. 4. Warrant No. G.]

§2. This ordinance shall bo in force from and after its passage

TITLE No. 0.

WHARFS.

C h a p . 1. An ordinance amended in relation to wlmrf boats. C h a p . 2. Regulating wharfs and rates of wharfage.

C iia p . 3. Ordinance in relation to wharf and wharfage amended.

CHAPTER I.

AN ORDINANCE

Amended in relation to Wharf Boats.

P a s s e d M a k c ii 17, 18(13.

No person to koop public landing or Wlmrf without license therefor.

Application l'or license to be made to the council.

Powers of wharf-master.

Whnrfbonts al landings other than those of the city to be licensed.

ijighiK to be kept on whurfboats du­ ring night time.

Bo it ordained by the Mayor and Council of the City of Par­

kersburg :

§ 1. That it shall not be lawful for any person to koop at any public landing or wharf in said city, any wharf-boat, or other boat, float, landing or wharf to bo used for the reception or sto­ rage of goods, intended to be landed in said city, or^iunijed

-----------------------------------------------------Page 89-----------------------------------------------------

Wharfs.                      81

thorofrom, without first having obtained license therefor, as here­ inafter provided, and if any such Wharf-boat, float,or other boat, float landing or wharf bo kept at any public landing or wharf, in violation of this ordinance, each and overy owner thereof, and every person interested in the same, employed in keeping or tending the same shall forfeit and pay to the said city a fino of not less than one nor more than five dollars for overy such of­ fense, and every day the same is kept shall be considered a dis­ tinct offense within the meaning of this ordinance. (Forms No. 4-6.

§2. Any person desirous of obtaining a liccnso for any such Wlmrf-boat or other boat, float landing or wharf, shall make ap­ plication therefor to the council, and if such application bo gran­ ted shall pay the proper tax to the collector of the city, and file his receipt therefor with the clerk, who shall thereupon issuo such license to expire on the first day of May next succeeding the issuing thereof; provided however, that no such liccnso shall bo construed to authorize or permit the vending of any liquor, drink, fruit, provisions, goods, wares or merchandise whatever.

.§ 3. That tho Wharf-Master shall have power, and it shall

bo his duty to prescribe the place and manner in which tho Wharboats, and float landing shall bo moored and secured, and if any person owning the same or having charge thereof, shall neglect or refuse, on being notified thereof to comply forthwith with any direction which shall be given by said Wharf-master,he shall forioit and pay not less than one nor more than five dollars for every such offense; and a neglect to comply with tho re­ quirements of tho Wharf-master in the premises within the pe­ riod of twelve hours after tho same is given, shall be doomed a second offense, and incur a like penalty. (Forms No. 4-G.) . § 4. And, whereas, Wharf-boats may bo kept or moored at landings,other than those belonging to said city, and may never, theless discharge their freight, and cause the same to bo hauled, carted, or drayod across tho public landings of said city to their destination. Jlo it therefore ordained that all Wharf-boats, or other boats floats, landing or wharf kept by any person for tho reception or storage of goods, freight or tonnage, which shall bo discharged, wagoned, carted or drayod across or over any of the public landings, pertaining to said city and at which wharfage may legally charged, shall bo required to pay tho same tax

-----------------------------------------------------Page 90-----------------------------------------------------

82               Rates of Wharfage.

and obtain a license, the same as required by the first and see- coiul sections of this ordinance, and for any failure or neglect to do so shall incur all the penalties declared to bo incurred for a

breach, of the same. (Forms Mo. 4—6.)

§5. Every person keeping a Wharf-boat at any of the public landings, or wharves of the city, against which steamboats land to receive or discharge passengers, are hereby required, during the night time, to keep a light or lights burning on such wharf- boat, so constructed and arranged as to light well the gangway and approaches from the shore to such steamboat or boats as may bo discharging or receiving passengers through or across such wharf-boat, and for any violation of this section, the owner or keeper of such wharf-boat shall forfeit and pay to the city a fine of not less than one nor more than five dollars for each vio­ lation. (Same forms.)

All ordinances and parts of ordinances coming in conflict

with this ordinance are hereby repealed.

§ 7, This ordinance shall bo hi force from its passago.

CHAPTER II.

AN ORDINANCE

Amendatory of an Ordinance, passed 18^/t March, 1857, regulating the Wharfs of the city , and establishing the rales of 'Wharfage.

P a s s e d   m a s c ii   17, 1805.

S b c . I S e c .

1 flutes of wharfage. | lugs for depositing cargo, to bo loaded 2 Wharf-muster to be appointed. | or unloaded.

3 Ills duties and oath of olllc.i. OUlcers 11 Penalty for refusing lo comply with Pond. tin' orders of the Wharf master. 4 To keep account of all boats landing 12 Wharf-master to suppress disorderly

at city landings. To demand wharf-l conduct, Invested with powers ol ft ago and receipt for same. | constable.

6 Wliat done If commander of boat 13 Penalty for resisting Wbari-maslor refuse to pay wharfage. In the discharge of his duties. (1 Wharl-muster to keep wharf register 11 Penally for obstructing public land- 7 Wharf-master may appoint a deputy ing.

8 Power of Wharf-master to assign 15 Compensation to Wliarl-master,

position for boats at any of Idle puli- 10 Wlmrf-iuastor to keep lorry landing lie landings. I unobstructed.

i) Additional power to assign places for 17 Council to appoint wlnirl committee,

boats regularly running In any trade. Its duties,

10 May assign space Upon public land-|

]ki it ordained by the Mayor and Council or the City of Parkers­

burg :

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Rates of Wharfage.                    83

§1 That from and after the passage of this ordinco, that every Stoamboat, Keel boat, Barge, Flatboat and Flat, (cxcopt Ferry­ boats, )J,hat raaj- discharge or recoivo freight, or land on or an­ chor at or in front of any public landing or wharf belonging to or which may horoafter become the property of the said city, or at which the said city may lawfully charge and receive wharf­ age, for the purpose of discharging or receiving freight, shall pay tho said city, for wharfage, the following sums or rates for each, respectively, to-wit:

On Steamboats of less than 100 tons burden, tho sum of throe dollars, for tho first twenty-four hours, or any part thereof, and the further sum of ono dollar and fifty eonts, for every subse­ quent twenty-four hours, or any part thereof.

On Steamboats of 100 tons, and loss than 150 tons, tho sum of threo dollars and seventy-fivo cents, for the first twenty- four hours, or any part thereof; and tho further sum of two dollars for every subsequent twenty-four hours, or any part there­ of

On Steamboats of 150 tons, and less than 200 tons, tho sum of four dollars and fifty eonts, for tho first twenty-four hours, or any part thoreof; and the further sum of two dollars and twenty- fivo cents for every subsequent twenty-four hours, or any part thereof.

On Steamboats of 200 tons, and loss than 250 tons, tho sum of fivo dollars and twonty-fivo cents for the first twenty-four hours, or any part thereof; and tho further sum of two dollars and sov- enty'-fivo cents for every subsequent twenty-four hours, or any part thereof.

On Steamboats of 250 tons, and upwards, tho sum of six dol­ lars for tho first twonty-four hours, or any part thereof; and tho further sum of threo dollars for every subsequent twonty-four hours, or any part thoreof.

On each and ovory Koolboat, Flatboat, or Barge, tho sum of one dollar and fifty cents for tho first twenty-four hours, or any part thereof; and the further sum of sovonty-fivo cents for ev­ ery subsequent twonty-four hours, or any part thereof; and on every Flat tho sum of fifty cents for each twenty-four hours, or any part thoreof.

Provided , That if any such Steamboat shall not discharge or receive freight in tho aggregate, exceeding ono ton, tho wharf-

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84               Mates of Wharfage, &c.

age shall bo for all Steamboats, ono dollar and fifty cents, and it' such boat lsha.ll receive and discharge in the aggregate, more than ono ton, and not exceeding ten tons, then tho wharfage shall be three dollars for all such boats; and provided also, that if such Flatboat, Barge or Kcelboat, shall not receive or discharge, in tho aggregate more than five tons, then tho wharfage shall bo seventy-five cents; and in all other cases tho wharfage shall bo according to tho rates hereinbefore established.

And said Wharf-Master shall also demand and receive from persons owning or having charge of oil barrels lying on tho wharf, ono cent, each, for every twenty four hours, after tho first forty-eight hours; and on empty barrels, one-half cent each, per day, after tho first forty-eight hours.

On merchandise of any kind, or other material encumbering tho wharf, after tho first twenty-four hours, twenty-five cents per ton; and for drawing lumber, twenty cents por 1,000 feet, and for each subsequent twonty-fotir hours tho same is permitted to lay on tho wharf, twenty cents per 1,000 foot, after tho first twenty-four hours; and on boilers and engines, ono dollar per day, after the first forty-eight hours. [Forms for recovery of fore­ going sums, Nos, 17-18-19.]

The Marietta and Cincinnati Railroad Company shall bo al­ lowed tho space of 220 feet on tho Ohio river next above tho forry landing, for which tho Wharf-Master shall collect from said company ton dollars for each and every week, that they may oc­ cupy said wharf.

§2. There shall bo appointed, annually, to serve for ono year, unless removed by tho council, from office, and until his succes­ sor is appointed, and filters on the discharge of his duties, a Wlmrf-Mastcr.

$3. Tho said Wharf-Master, before entering on the duties of bis office, shall take an oath, faithfully and honestly to discharge the duties of his offico; and shall also give bond, with one or more securities, to bo approved by the council, in the penalty of ono thousand dollars, payable to tho Mayor and council of said

. city, conditioned as follows:

T h e c o n d it io n o f t h e a b o v e o b l io a t io j i is s u c h , That where­ as, the above bound----------- has been appointed Wharf-Master for said city, to serve for one year from this date, and until his

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Rates of Wharfage , c&e.                    85

successor shall bo qualified, unless sooner removed from office. JS r ovv, if the said-------shall in all things faithfully and hon­ estly discharge the duties of said office, as the samo may be pro­ scribed by ordinance; and shall well and truly colloct and pay over to the order of the council of said city, pursuant to any order which maybe made from time to time, in relation thereto, all monies which may conic into his hands by virtue of his said office, then the foregoing obligation to be void, or else to remain in full force and virtue.

§4. It shall be the duty of the Wharf-Master to keep an accu­ rate account of all boats which land on, anchor at, or fasten to any part of the ;; landings of said city; and to enter on board thereof, and demand from the person commanding or hav­ ing chargo of the same, the amount of wharfage which said boat shall bo liable to pay under the rates and provisions of this or­ dinance, for the time which such persons having charge of said boat shall fix or state such boat shall or will remain at or anchor near said landing; and upon receiving the amount properly chargeable under the provisions of this ordinance for the time fixed or designated by the commander or the person having charge of such boat, to receipt for the samo, and expressing in said receipt the time so fixod by the person having charge of the said boat, as the time that the said boat will stay or remain at said landing or anchorage; and if any boat shall remain for a longer period of time at said landing or anehorago than that specified in said.roceipt, it shall be the duty of the said Wharf-Master to make further demand ; and on the further pay­ ment being made, to receipt for the same as aforesaid, and from timo to time, to enter the said boat and make demand of the wharfage charged by this ordinance, and give receipt when paid, until the departure of said boat from the said landing. §5. If any person commanding or having charge of such boat shall neglect or refuse to make payment of wharfage as afore­ said, on demand being- mado as aforesaid, it shall be the duty of the said Wharf-Mastor, immediately to bring such person beforo tho Recorder or any Justice of the Peace for Wood county, in the name of the Mayor and Council of tho city'- of Parkorsburg, against such persons refusing'as aforesaid, and rocover tho amount of wharfage due for the first twenty-four hours, or any

on the refusal to pay tho wharfage duo after tho

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86    Duties    and    Powers    of    Wharf    Master,

first twenty-four hours, he shall institute the like proceedings and recover from day to day the amount of wharfage which shall become due, and if the Wharf-Master shall by negligence fail to recover any wharfage that might have been collected by duo diligence, ho shall bo chargeable therewith.

§6. It shall be the duty of the Wharf-Master to keep a Wharf- Kcgistor, in which he shall enter tho names of all persons from whom ho received wharfage, with the date and amount received ; he shall also enter in said register the names of Steamers and Keel-boats with the direction-of tho voyage, together with such memorandum of the stage of the river or other matters that may bo useful to bo known ; lie shall exhibit such register to the Coun­ cil at every stated meeting of the same, and shall keep tho same open for tho inspection of any membor of tho Council And tho said Wharf-Master shall pay into tho bank every Saturday to tho credit of tho city council, the amount of wharfage by him collected, and an entry of the same on tho bank book of tho city council shall be deemed a receipt‘therefor.

§7. Tho Wharf-Master may, with the concurrence of tho coun­ cil, appoint a deputy, who shall be clothed with the authority and qualified to exercise tho duties of Wharf-Master, and for whoso acts tho said Wharf-Master and his securities shall bo re­ sponsible.

§ 8. Tho Wharf-Master shall have power, and it is hereby mado his duty to causo all boats of every description to move to and lay in such manner and position at any of tho public landings of said city, as in his discretion he shall doom best calculated for tho convenience of all the boats laying at or near tho said land­ ing; and he may at his discretion, order off and causo to bo re­ moved all skiffs, canoes, rafts, and other water crafts, except tho ferryboat, to mako room for the.conveniont landing of any boat or barge chargeable with wharfage uiy.ler this ordinance, and if tho person in chargo of any boat or barge, or other water craft, shall refuse or neglect or delay to remove said boat, barge or water craft when requested so to do by tho said Wharf-Master, under tho provisions of this section, such persons so refusing shall forfeit and pay to the said city a fino of Five Dollars for tho first hour, or any part thereof, and the same for any succeeding hour or any part thereof, such person shall so refuse, neglect or delay to execute the said order of tho W harf-Mastcr. [ijfoMI

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Duties chid Powers of Whdrf Master ,            87

§9. The'Wharf-Master shall have power, in addition to tho power invested in him by this ordinance, to assign or set apart to such boat or vessel as run regular in any trade, and which ar­ rives and departs statedly to and from said city, such position or placo at the public landing as he shall from time to time consider reasonable and proper.

210. Ho shall also have powor to designate such part or space of or upon the public landings as he shall judge to be reasonable and sufficient to be used or occupied by the officers, agents, or servants of an}’ boat or vessel for the purpose of receiving or discharging her cargo, and to require all such persons who shall be engaged directly or indirectly in putting on board or dis­ charging goods or merchandise, in or from such boat or vessel, to place such goods or merchandise upon such part of tho public landings as ho shall for that purpose designate and allow, and not elsewhere.

§11, Any person failing to comply or who shall refusoor neglect to obey the orders of tho Wharf-Master in tho execution of tho provisions of tho tenth section, shall incur and bo subject to tho like fines and forfeitures as are proscribed in tho eighth section. (Same forms.)

§12. It shall be the duty of tho Wharf-Master to suppress all riots, disturbances, and disorderly conduct at or on tho public* landings, and for tho purpose, he is hereby invested with all the powers of a constable under the laws of tho State of West Vir­ ginia, so far only as the same relates to tho preservation of the public poaco and tho enforcement of tho provisions of this ordi­ nance.

§13. If any person or persons shall resist or in any wiso aid or abet in the resistance of the Wharf-Master in tho discharge of any of tho duties of his office, ho or they on conviction thereof shall bo fined in any sum not exceeding twenty dollars. (Same forms.)

§14. If any offal, filth, dirt, rubbish or driftwood bo thereon or placed upon any part of tho public landing, or tho street ad­ jacent thereto, except under tho direction or control of the Wharf-Master, or some other competent or legal authority, the person so offending shall forfeit and pay to tho city a fino of not less than one nor moro than five dollars for ovory such offense,

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88 Duties and Powers of Wharf Master .

charge of such boat shall bo liable to pay the penalty imposed by this section. ( Form of complaint 3 or 5.)

§ 15. The Wharf-Master shall receive as a compensation such percentage upon the amount of wharfage and tines collected as the council may from time to time determine.

§10. The Wharf-Master shall cause tho ferry landing at all times to bo kept free and unobstructed, and any person or per­ sons obstructing the sumo shall be liable to the penalties im­ posed by the cigth section of this ordinance.

§17. The council shall appoint two of their own body to bo a wharf committee, to whom all complaints may be mado against tho Wharf-Master, or tho manner in which ho may execute this ordinance, and who upon complaint or application made to them to revise tho action of the Wharf-Master in the discharge of tho duties' enjoined by this ordinance, thall have power to alter, modify or wholly change tho action of tho Wharf-Master in tho matter.

§18. This ordinance shall bo in force from and after tho pass­

age thereof.

CHAPTER HI.

AN ORDINANCE

To amend an Ordinance passed March YJth , 1865, in re ■

lation to Wharves and Wharfage.

pa s s e d   F e b r u a r y 15,1807.

S e c . I S e c . 1 Wharf-Mustor authorized to advor- collected.

tiso and sell any boat, barge or water])! The city shall have a lion for wharf- craft for non-payment of charges. I ago.

2 When freight discharged and no, I Act of March 17,180.5 not repealed,

consignee to pay charges, how same|

Bo it ordained by tho Mayor and Council of tho City of Bar­

ic orsburg:

§1. That hereafter whon any boat, barge, or other water craft shall be fastened to, or grounded on any part oftho public wharf for ten days, and tho proper wharf charges shall not have been paid, it shall bo the duty of tho Wharf-Master to advertise said boat, barge or other water craft for ten days, in one of the news­ papers published in the city of Parkersburg, for sale. &ii£.h ;

ii BflU

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i.Streets , /Sidewalks, Gutters, &e.               89

vcrtisoment to describe the property to be sold, giving the name or names of the parties owning or claiming the same ifpossiblo. And on the day named in said advertisement, the said Wharf- Master is directed to sell tho same at public out-cry to the high­ est bidder tor ready cash, and out of the proceeds of the sale, first, pay all Costs attending said sale, and the amount legally duo at that time to the wharf fund for wharfage, and the balance, whatever it may be, pay over to the city Sergeant, taking his receipt for thosamo, which receipt shall bo handed to the clerk of the council, and by him charged to the Sergeant, as other monies and claims are now charged to him. And such bulaneo shall be held bv the city subject to the order of tho proper owner, or his assigns, of such boat, barge, or other water craft.

§2. That whenever any freight of any kind whatsoever, or boards, shingles, lath, timber, or lumber, shall bo discharged from any boat, or otherwise, on any portion of tho wharf, and no consignee or owner can be found to pay the proper wharfage on the same, the Wharf-Master shall proceed to collect the same as in the first section of this ordinance.

§ 3. The city shall have a lien for the wharfage on all freight as mentioned in tho said second section; and any owner, claimant, judgment, or attachment creditor, shall only remove said freight upon condition of paying such wharfage and charges.

§4. Nothing herein contained shall repeal any of the provis­

ions of said ordinance passed March. 17th, 18(35. § 5. This ordinance shall be in force from its passage.

TITLE No. 10.

STREETS, SIDEWALKS, GUTTERS AND ALLEYS.

G' iia p . 1.   To remove and prevent obstruction of streets.

“    2. To prevent leaving vehicles upon streets, alleys, &c. “    3. To inhibit hitching horses and tbo standing of vehicles

on the Public Square.

“ ^-L.,.,.To increase the width of Washington street.

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90 To prevent obstructions to Streets, c be.

C iia p . 5. Creating the oflico of Street Commissioner and defining

his duties.

“     6. To permit the N. W. Va. Railroad Company to lay rails

.’along certain streets. To continue to the Ohio river. “ 7. To widen Washington street and authorize Parkers­ burg Branch Kail Road Company to extend track through tho city to the Ohio river.

“ 8. Sundry obstructions and uses of tho streets, sidewalks,

alleys, gutters, wharfs and Public Square, declared to bo offences and made punishable.

“ 9. To provide for paving sidewalks.

“ 10. To require the cleaning of sidewalks and gutters. *• 11. An ordinance amending Chapter 7 of this title, in re­ lation to Washington street and tho Parkersburg Branch Kailroud Company.

“ 12. Permitting Clas Company to construct railway across

Groon street.

“ 13. Permitting Messrs. Jackson & Company to construct

railway across Depot street.

“ 14. Iiailway cars speed limited. Not to obstruct streets. “ 15. Northwestern Turnpike, part of, in the corporate lim­

its of tho City of Parkersburg.

OIIAPTER I.

AN ORDINANCE

To remove and prevent obstructions of Streets, c&c.

P a s s e d   j u i . y   12, is - is .

nice. ISO.

1 Obstructions loslroolsand sidewalks! without permission obtained.

to lie removed by persons claiming!! If not removed alter notice, city to to be owner or propietor. remove I lie same, and recover expen­ 2 Penalty for placing obstructions ol' a ses therefor from (lie person liable lo

permanent character upon streets,! remove the same.

<&e. •' Sweeplngsnnd rubbish to bo removed

;i Fuel, building materials, merchan­ from time lo time at tho expense of

dise not to obstruct sidewalks, slreeis| the town.

&c., for more than twenty-four hours;0 Ordinances repealed.

Be it ordained, by tho President, Record or and Trustees of tho

Town of Parkersburg:

SI, That all buildings, fences or other unlawful erections or obstructions, standing in or upon any of tho streets or alleys of the said town, shall be removed from tho same byj,

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To 'prevent obstructions to Streets , (See.        91

claiming to be tho owners or proprietors thereof, respectively, or whore the owner or proprietor is a non-resident of tho town, by tho occupant, on or before the fifteenth of August next, under tho penalty of one dollar for every twenty four hours tho same shall bo suffered to remain after said date; provided, however, that tho time for such removal may bo extended by permission under the hand of tho President, upon tho recommendation of tho Supervisor of the Board wherein such obstruction may bo, for not exceeding six months from the said dato, and where buil­ dings of a permanent character slightly encroach upon tho streets or alleys, the permission may bo extended until such buildings are taken down by their owners or otherwise removed, but no such permission shall in any case be granted, unless tho party desiring to obtain it, shall acknowledge, under his hand and seal, that ho holds so much of any street or alley as is occu­ pied by him by permission of the said President, Recorder and Trustees. (Form of note No. 3, warrant No. 6.)

§2. Any person who shall hereafter placo or cause to bo placed any building, fence or other erections or obstructions of a permanent character, in or upon any part of any street, alley, square, wharf or landing of tho said town shall be subject to a penalty of fivo dollars, and to an additional penalty of one dol­ lar for every twenty-four hours it shall bo suffered to remain af­ ter ho has boon notified to remove it by tho Supervisor of tho ward whero the same may be, or by tho President, ltecordor or Marshall; Provided, That tho provisions of this and preceding section shall not bo construed to apply to any porch, stops, cellar doors or other usual entrances of buildings, if the samo docs not extend more than four and one-half feet from tho line of tho stroet or alley, on which the building with which it is connected, is situated. (Same forms.)

§3. it shall not be lawful for any person to suffer any firo- wood, coal, building materials, lumber, merchandise, or other articles belonging to him or in his care, or intended for his use, to obstruct tho freo passage of citizens and other and others; along any side-walks or crossing place of the said town, nor to remain for more than twenty-four hours, in or upon tho street, alley, square or wharf landing of tho said town, without first obtaining permission of the Supervisor of the ward, or in his ab soinin. from town or in case of a vacancy in tho office, of tho

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92        To prevent obstructions on Streets , cfee.

President or Marshal, under the penalty one dollar and twenty- fivo cents additional for every twenty-four hours the same shall remain after ho has'been notified to remove it by tho Supervisor of tho ward where the same may be or by r the President, .Recor­ der or Marshal. (Same ferms .)

§4. In ease of any such obstruction as is mention in any of the proceeding sections of this ordinance remaining in or upon any street, alley, square, wharf or landing of tho said town, without permission as hereinbefore .provided, more than twenty- four hours after notice given to remove the same, or where tho person liable to remove it is unknown or cannot be found within tho town, the Supervisor of the ward wherein the same may be is hereby authorized to cause it to bo removed at the expense of the town, to be recovered by the persons liable to remove tho same, by warrant before tho Recorder or some Justice of tho Peace of tho county of Wood. (Sameforms.)

§5. It shall bo the duty of tho Supervisor of each ward to cause tho sweepings of the streets and alleys thereof, and the rubbish collected therein, to be removed from time to time to some suitable place at tho expense of the town, and ho shall be authorized to sell such parts thereof as may be fit for manure, paying the proceeds to the Marshal, and taking his re­ ceipt for the same, which he shall hand to the Clerk who shall chargo the Marshal with the money mentioned therein, or tho Supervisor may contract with some person for the periodical re­ moval of suMi sweepings and rubbish during the term for which he was elected, allowing to such character the manure and such further compensation as lie may deem reasonable.

§6. All ordinances and parts of ordinances contrary to this

ordinance are hereby repealed.

CHAPTER IT.

AN ORDINANCE

To 'prevent the leaving of Vehicles upon the public Streets , Alleys , Wharves and Landings of the Town of Park­ ersburg

l’nssed March 11,1359

g EC>                                   | main upon street, alley, wharf or

1 Unlawful to penult vehicles to rod                 landing, when not In use^,

-----------------------------------------------------Page 101-----------------------------------------------------

To inhibit hitching of Horses on the Streets , &c.        93

Bo it ordained by tho President, Pc cord or and Trustoos of the

Town of Parkersburg.

§1. That it shall not bo lawful for tho owner or driver of any wagon, cart, dray or other vehicle not in immediate use, to per­ mit the same to stand or remain upon any public street, alloy-, wharf or landing of the said town; and any person so offending against this ordinance shall forfeit and pay a fine of not loss than ono nor more than five dollars for every such offense. [Form of Complaint No. 5, Warrant No. (i.

§2. This Ordinance shall be in force from its passage.

CHAPTER III.

AN ORDINANCE

To inhibit the hitching of Horses and the standing of Ve­ hicles on the Public Sc/uarc, in the Town of Parkers­ burg.

Passed September 21,1801.

S 1. f

2-

Unlawful to Illicit horses, mules,

to ti'vs growing in Public

Square.

Unlawful to deface shade trees.

HKO.

.'!. Unlawful to water animals at the nubile well on Court House Square. I. Penalty for Injuring Pump In the

well on the Public Square.

Whereas, Tho County Court for the county of Wood at its September term, 18(31, made an order empowering the corporate authorities of the town of Parkersburg, to take measures to pro­ tect tho front yard of tho cour t houso and the shado trees grow­ ing around tho same, &c., therefore,

Be it ordained by tho Council of tho Town of Parkersburg: §1. That it shall not bo lawful for any person or persons to hitch horses, mules or other animals to any of the trees growing upon said Public Square, or to stand any vehicles of any kind whatsoever upon the said Public Squaro, under a fine of not less than one nor more than five dollars.

$2. That any one who shall willfully drive against or in any planner deface or injure said shade trees shall bo subject to alike penalty as is imposed in tho first section of this ordinance. §3. That it shall not be lawful for any person to water their

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94 Increasing the width of Washington Street.

horses, cattle or other stock at the public well upon said court­ house square, and every person so offending shall bo liable to a tin© of not less than one nor more than five dollars.

§4. That any one who shall in any manner injure the pump in said well, or the appurtenances thereto, or shall in any man­ ner willfully place any obstruction in said pump, shall be liable to a fine of not less than one nor more than live dollars. §5. This ordinance shall be in force from its passage thereof.

[Forms number 5 and G]

CHAPTER IV.

AN ORDINANCE.

To increase the width of Washington Street .

n

I>oso street widened, g'.ed to apply to t I k * io appoint Commls-

Mayor may extend the time for tho removal ol any building situated on the land proposed to bo lakon.

Bo it ordained by tho Mayor and Council of tho city of Parkers­

burg :

§1. In order to facilitate tho extension of tho Parkersburg Branch .Railroad, through tho city to tho site of tho railroad bridge, proposed to bo constructed across tho Ohio River, at or near tho foot of Washington street, as authorized by an ordinance entitled “an ordinance authorizing tho extension of the Park­ ersburg Branch Railroad, through tho city to tho Ohio river,” passed May 30, 18G5, and to avoid the inconveniences which might be otherwise thereby occasioned, tho said Washington street, botweon Green street and the Ohio river, shall bo widened by the addition of forty foot of land on tho southerly sido there­ of, so that tho whole width of tho said Washington street, be­ tween tho points aforesaid, shall bo oiglity foot from sido to sido, including tho side-walks, at which width, so much of tho said street as extends from Greene street to the Ohio river is hereby re-established. And for the purposes of this ordinance, tho May- or is hcroby authorized, empowered and dircctod,for and on bo- half of tho said city, to purchase on tho best terms as to price

-----------------------------------------------------Page 103-----------------------------------------------------

Commissioner of /Streets, Duties ', &c.

95

and time of payment, that can be procured, the land necessary for such widening, causing the same to bo convoyed to and vested in the city, in feo simple, by suitable grants duly execu­ ted, and acknowledged for record.

§2. If the land required for the purposes of this ordinance, ©r any part thereof, cannot bo purchased, or otherwise obtained by agreement with those entitled thoroto, to the satisfaction of the Mayor, ho is hereby further authorized and directed to cause ap­ plication to be made to tho Circuit Court of Wood county, at its next or any subsequent term, and as often as may bo nocossary to appoint commissioners, as provided in tho sixth section of chapter fifty-six, of tho Code of Virginia, edition of 1860, for tho purpose of ascertaining a just compensation for any part of such land, under the provisions of tho said chapter of tho said Code, so far as tho same aro tho law of tho Stato of West Virginia, and aro applicable in tho premises.

$3. It shall bo lawful for the Mayor, and ho is hereby au­ thorized and empowered to extend tho time for tho removal of any building or other improvement, or any part of either, sit­ uated on any part of tho land so to bo purchased or otherwise obtained, for and on behalf of tho said city, for any time that ho may deem proper and expedient, not exceeding two years from and aftor tho passage of this ordinance, upon such terms and conditions as may be prescribed by him, and assented toby tho partios interested, by suitable instruments in writing, duly exo- cutod under their respective hands and seals.

CHAPTER V.

AN ORDINANCE

Creating the office of Commissioner of Streets, and defin­

ing the Duties thereof.

S e c . I N e c .

1.    Term of office.                       3. Compensation for services.

2.      Duties of Commissioner.

Do it ordained by tho President, Recorder and Trustees of tho

Town of Parkersburg:

2 1. That, as soon as practicable after tho passage of this ordi- naco, and after every general election of Trustees, or whenever

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96          Street Commissioner , Duties, (fee.

a vacancy may occur, a Commissioner of Streets shall bo ap­ pointed, who shall hold his office from the time of his appoint­ ment until the expiration of ten days after the time fixed by law for such general election, unless sooner removed for cause, and shall bo subject to the provisions of the first section of “An or­ dinance to defino the duties of* certain officers therein mentioned, and for other purposes,” passed Juno 8th, 1838.

2 2, It shall bo the duty of the said commissioner of Streets, when required to do so by vote of the Board, to furnish a plan and profile of any street, square, court, alley, landing or wharf which they may designate, showing the present graduation thereof, and the cutting and filling which may bo required to re­ duce the same to a continuous grade, with such remarks and suggestions as ho may deem pertinent. He shall report to tho Board, when so required, the true position of tho linos of any in-lot, out-lot, street, square, court or alloy within tho said town, together with such further information thereto as they may re­ quest, or ho may deem pertinent. He shall, moreover* make out, and from time to time revise, correct and alter, as circum­ stances may render necessary or expedient, a graduation of tho squares, streets, courts and alleys, of tho whole town, together with tho graduation to which the same should and may he re­ duced, so arranged that ns largo a portion ns possible of the said squares, streots, courts and alleys, and of the whole town, may •bo drained of its surplus waters, over tho surface of the streets, courts and alleys; and where this is found impracticable, re­ port a plan or plans for draining it otherwise. And it shall fur­ ther be his duty, when the Board have resolved upon any im­ provement, and ho shall be required, by their votes, so to do, to make out specifications of the work required, in order that the contract for tho same may he based thereon, if approved by the Board ; and on tho completion by the contractor or person em­ ployed to do the same, of any such work, tho said Commission­ er shall further report to the Board, whether tho same is in ac­ cordance with tho specifications thereof. And all information obtained by him in relation to the topography of tho said town, ho shall record in a suitable book, to bo provided by tho Board for tho purpose, which book, ho shall, at the expiration of his office, surrender to the Board, to be transferred to his successor. §:>. The said Commissioner shall be entitled to recoivo for the

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Permit to Northwestern Virginia Railroad Co. 97

services herein required of him, the sum of twenty-five dollars per annum while he continues in office; and lie is hereby author­ ized to locale and certify for individuals the corners, lines &e.,of any of the in-lots or out-lots, or sub-divisions of the same, and of the streets, courts and alleys intersecting the said in-lot and out-lots, using the information and boohs of his offico for the purpose ; and shall bo entitled to charge and receive therefor, and to recover by warrant before tho Recorder, from the party employing him, the following fees, that is to say : For locating any lot or part of a lot, for the first corner, one dollar; and for each additional corner, twenty-live cents; and for furnishing a plat and certificate of such location, fifty cents. Provided, how­ ever, That all such locations shall be in strict accordance with tho map or plat of tho said town, and tho accompanying descrip­ tions recorded in the Court of said County, and referred to in fifth section of: an Act of tho General Assembly of Virginia, passed on tho 20th day of March, 1842, entitled “A n Act further to amend the Act entitled, ‘An Act incorporating the town of Par­ kersburg,’ passed .January 22(1, 1820.”

§4. All ordinanccsand parts of ordinances contrary to this

ordinance aro hereby repealed,

CHAPTER VI.

AN ORDINANCE

To permit the Northwestern Virginia Railroad Company to lay rails along certain streets of the town , and for other purposes.

SHI'. IS KC.

1. Permission given to lay mils along! .1. I’crml-sion given for exclusive use oerlalll streets, subject to. emu In ol' < m > i III I iiii I leys.

provisos. I I. Consideration I'or tho nrltmftjjjjlb-.

2. Cbm pony may use si earn or nlhei Ordinance aulhori/.iiiK exl.eh.Llon of motive power. I railroad to tho Ohio River.

.Be it ordained by the President, Recorder and Trustees of tho

Town of Parkersburg :

§ 1. That permission is herd)} - given to the North-western Vir­ ginia Railroad Company, to lay, in tho manner usual in towns and cities, not exceeding two tracks of rails along portions of

-----------------------------------------------------Page 106-----------------------------------------------------

98 Permit to Northwestern Virginia Railroad Co.

the streets of said town, as hereby described, viz: From their depot,at the intersection of Avery and Littleton streets, down Lit­ tleton toOhiostroot, from said depot down Avery street to Kanaw­ ha street, and thence down Kanawha street to Ohio street, from tho intersection of .Neal and Avery streets, down Neal street to Ohio stroot, also from the intersection of Neal street with Mar­ ket, Julia-Ann and Ohio streets, along said streets respectively to Kanawha street; and for that purpose to raise or depress to suitable grade, any of tho said streets, tho grades of which huvo not been heretofore established by ordinance, provided,that where the present grade of any street is altered by the said company, they shall make tho same uniform across the entire width there­ of ; and where the grade of any street shall be raised or depres­ sed by the said company, at the intersection of any other Street or alley, they shall grade in like manner, so much of said inter­ secting street or alley as may bo necessary to reduce tho ap­ proach to tho street along which tho rails are laid to a grado not exceeding throe degrees. And provided, that the said company shall construct a suitable waterway or gutter along each side of any street, tho grade whereof is altorcd by them, so far as such alteration extends, at tho distance of eleven feet from tho outer lines of tho said streets, and a suitable waterway or gutter along any alley, tho grade of which they shall alter; and shall more­ over, construct such waterways, gutters, drains and culverts as may bo necessary to prevent tho accumulation of water, in con- soquCnco of tho alteration of any street or alley made by them. And provided, further, that tho said company shall pay all costs and damages claimed and recovered against tho said town for in­ juries to private property, occasioned by or resulting from their alteration of tho grade of any street or alley in tho said town. §2. It shall bo lawful for the said company to use steam or other motive power for drawing or propelling their cars or other rolling stock over any rails authorized by ordinance, to be laid along tho streets of the said town, but no cars or other rolling stock shall bo drawn or propelled at any place within tho said town at a rate of speed greater than six miles per hour, and for any infraction of this provision by tho said company, their agents, offieors, or servants, tho said company shall be liable to a penal­ ty of twenty dollars, to be recovered by summons or notice before tho Recorder of tho said town, or any Justice of the County of

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Extension of Branch Railroad to Ohio River. 99

Wood ; and no car or rolling stock shall remain standing in any street or alloy of the said town longer than is necessary to load and unload the same, under tho penalty of' one dollar for ev­ ery hour the same shall remain so standing, to be recovered of the owner thereof as aforesaid.                                \ §3. Permission is also hereby given to tho said company to appropriate to their exclusive use so much of tho alley lying be­ tween Green and Avery streets as extends from Washington to Littleton streets, so long as tho square bounded by tho said four stroets continues to be occupied by them as their principal de­ pot, in the said town, and for purposos connected therewith, ahd the said company may lay as many tracks of rails along and across Green and Washington streets, at and near tho intersec­ tion thereof, as the}' may deem necessary for entering tho said squaro with their engines, ears and other rolling stock.

§4. In consideration of the privileges hereby granted to tho said company, they shall, so soon as their principal track through tho said town is located, cause to bo prepared, and furnish to tho council thereof, a topographical map or plan of tho said town, made from actual surveys, with tho necessary profilo and speeifi- ications, showing tho cut or filling required to bo made at each intersection of tho stroets and alleys thereof, in order to reduco every street and alley to a grado not exceeding three degrees, having duo regard to the drainage over tho surface as far as practicable of tho water falling on the said streets and alleys, and indicating where culverts or sowors will bo required, tho surface of tho Court House Square immediately in front of tho Court IIouso, and of tho streots whoroon tho principal track or tracks of tho said company are located, shall bo regarded as ba­ sis in fixing tho grades of other stroets and alloys of tho said town.

AN ORDINANCE

Authorizing the extension of the Parkersburg Branch

Rdrocid through the City to the Ohio River.

Passed May 80,1865.

Bo it ordained by tho Mayor and Council of tho City of Parkers­

burg :

§1. That tho Parkersburg Branch Railroad Company, late tho Northwestern Virginia Railroad Company, aro hcroby author-

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100 Extension of Branch Railroad to Ohio River.

izcdnnd empowered to construct, extend and continue Ihoir rail­ road, with a double trade, and the necessary sidings, switches, embankments, piers, pillars, abutments, and appurtenances from their property on the southerly side of Green street, along ,Washington street;, to or near the site of the railroad bridge, proposed to bo built across the Ohio l iver, at or near the foot of Washington street, in the city of .Parkersburg; the said exten­ sion to bo constructed in accordance with tho plan and profile thereof furnished by .1. L. Randolph, Esq., Civil Engineer, now on file in the office of the Mayor of said city, arid verified by his signature, unless a departure therefrom is hereafter authorized by an ordinance pf the said Mayor and Council, except that there shall be no pillar or pier on tho lino of any street, except Washington streot; and wherever the track or bed of tho said extension is elevatod abovo the surfaco of any street, it shall bo so constructed that no water, cinder, rubbish, or other substance can fall from the same, and any person who may throw or cast, or willfully or carelessly permit to fail from such elevated track or bed, any substance whatever, shall be liable to a fine not ex­ ceeding twenty dollars for each and every distinct offense, to be recovered as other fines and penalties are recoverable.

$2. Permission is hereby given to tho said Parkersburg Branch Railroad Company to close and appropriate to their exclusive ii«o and control, so much of the alley known as St. Cloud Court- lying between Green and Avery streets, as extends from 1 Wash­ ington to Littleton street, so long as they continue to use tho square bounded by tho said four streets for depot, station, or other purposes connected with tho business of their railroad. And the said railroad company are hereby further authorized and empowered to lay and construct as many tracks of rails, switches, and turn-outs along and across Green and Washington streets, at and near the intersection of the said streets, as t hey may doom necessary or desirable for more conveniently enter­ ing and departing from the said square with their engines, cars and other rolling stock.

§3. Permission is hereby further given to the said company to use steam or other power for drawing or propelling their cars and trains over any railroad track, the construction and use whereof is authorized or intended to bo authorized by this or any future ordinance, subject as to such construction and use to

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Extension of .Branch. Railroad to the Ohio River. 101

all the provisions and restrictions, so far as applicable of an or­ dinance of the President, .Recorder and Trustees of the town of Parkersburg, entitled “An ordinance to permit tho Northwestern Virginia Railroad Company to lay rails along certain streets of the town, and for other purposes,” passed October 25, 1852, which, together with the deed of conveyance, and agreement be­ tween the said President, Recorder and Trustees, and the Raid Northwestern Virginia RailrcM Company, bearing date on the 8th day of June, in the year ono thousand eight hundred and fifty-five, and of record in the county of Wood, and State of AVest Virginia, and all other ordinances and parts of ordinances heretofore passed by the said town, and accepted by the said Northwestern Virginia Railroad Company, and not repealed, are hereby declared to bo in full force and binding on the city of Parkersburg, and the said Parkersburg Branch Railroad Com­ pany as the successors, respectively of the former parties there­

to.

§4. The permissions and privileges granted by this ordinance are granted upon these conditions, and not otherwise, namely: That if tho Mayor and council of tire city of Parkersburg, shall, at any time hereafter, ordain and direct tho widoning of Wash­ ington street aforesaid, from Croon street to the Ohio river, to the width of not more than eighty feet from side to side, includ­ ing sidewalks, the said Parkersburg Branch Railroad Company shall reimburse and pay to the said city, whenever legally de­ manded, all damages and costs which shall have been paid by, or awarded against the said city, according to law, lor injuries to the adjoining property occasioned by such widening for tho in­ tended purpose, and for tho price of the land taken for such widening, and tho improvements thereon; and further, that tho said Parkersburg Branch Railroad Company will, without un­ necessary delay, proceed to the construction of the wharf at tho foot of Court street, in said city as provided in tho Deed of con- vcyanco and agreement hereinbefore referred to, and complete tho same at their own costs and charges within two years from the 1st of March, 1865; the said wharf to have tho same gradi­ ents, and to extend as far from the outer lino of Ohio street into the river, as the wharf recently constructed by the said city be­ tween Kanawha and Neal streets, and when completed to bo the

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102           To widen Washington /Street.

property of the said city, and under the exclusive care and con­ trol of th© said Mayor and Council.

§5. This ordinance shall bo in forco whenever the said Park­ ersburg Branch Railroad Company shall signify their acceptance of the same and their agreement to the terms, provisions, condi­ tions, and stipulations thereof, by a suitable instrument of writ­ ing under their seal, and the signature of their President.

§6. An ordinance entitled ‘*afl ordinance granting certain privileges to the Northwestern Virginia Railroad Company, their assigns, &c.,” passed February 4, .1865, is hereby repealed.

CHAPTER VII.

AN ORDINANCE

To widen Washington Street, and to authorize the Park­ ersburg Branch Railroad Company to extend their track through the city to the Ohio River.

Passed May 10,1807.

R k c . I S i c 1. Extonlion of Hnllroad Authorized.— ,">. Privileges and limitations. Penult las o. for permitting any substances to fall or to lie thrown from an elevated track.

!2. Exclusive uso given to Company of

a part of St Cloud's Alley. Privilege to construct switches and turn-outs.

!!. .Permission given to uso steam pow­ er. Former ordinances not repealed. 1(1. •1. Terms on which those privileges

Street to he widened twenty feet. Wlint to he done If land cannot bo purchased.

Time may he extended for the remo­ val ot Imildlng.

I,and to he convoyejJ to the City— Exception.

City to appropriate $1(3,000 towards paying expenses, We.

granted.

Be it ordained by the Mayor and Council of the City of Par­

kersburg :

§1. That tbo Parkersburg Branch Railroad Company, latotho Northwestern Virginia Railroad Company, are hereby author­ ized and empowered to construct, extend and continue their railroad with a single track and necessary Biddings, switches, embankments, piers, pillars, abutments and apurtenanees, f:om their property on the southerly side of Grceno street across the same, and along Washington street, either within the present or future boundaries of that street, or in any part of its course, up­ on land to be acquired on either side of that stroot, to or near the site of the Railroad Bridge proposed to be built across tho

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To widen Washington Street.              103

Ohio River, near the terminus, on the said river, of the said Washington street, in tho city of Parkersburg, and to unite said extension with said bridge, and, at tho option of said company, to make the same a part thereof—the said extension to bo con­ structed in accordance with tho plan and profile thereof, furn­ ished by J. L. Randolph, Esq., Civil Engineer, now on file in the office of the Mayor of said city, and marked, “ Substitute for Arcade,” and dated March 7, 1807, unless a departure therefrom is hereafter authorized by an ordir lance of tho Mayor and Council of the said city, oxcepl that there shall be no pillar or pier on Market street, Julia-Ann or Ann streets, nor shall any pillar or pier be more than thirteen feet in width across Washington street at the level of Ann street, and tho lower or under side of the track across Market street, Julia-Ann and Ann streets, shall bo at least everywhere thirteen feet abovo tho surface. Tho sidewalks on Washington street, between Market, Avery and Green streets, and tho free and convenient passage of persons and drays, wagons and other vehicles across Avery and Green streets, shall not bo obstructed, and whenever tho track or bod of the said extension is elevated abovo the surface of Washing­ ton street, or any street, it shall bo so constructed that no water, cinder,rubbish or other substance can fall from the same,and any person who may throw or cast, or willfully or carelessly permit to fall from such elevated track or bed, any substance what­ ever, shall bo liable to a fine of not exceeding twenty dollars for each and ovory distinct offense, to bo recovered as other fines and penalties are recoverable.

§ 2. Permission is hereby given to the said Parkersburg Branch Railroad Company to close and appropriate to their exclusive uso and control, so much of the alley known as St. Cloud Court, lying between Green and Avery streets, as extends from Wash­ ington to Littleton street, so Jong as they continue to use the square bounded by tho four said streets for depot, station, or other purposes connected with the business of their railroad ; and the said Railroad Company are hereby author ized and em­ powered to lay and construct as many tracks of rails, switches and turn-outs along and across Green and Washington streets, at and near the intersection of the said streets as they may deem necessary or desirable for more conveniently entering and do-

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104           To widen Washington Street.

parting from said square with thor engines, cars and other roll­ ing stock.

§ 3. Permission is hereby S’thorgivon to thosaid Company,and to any other railroad company, which, with their consent, shall use said bridge and tracks, to use steam or other power for drawing or propelling their cars and trains over any railroad trade, the construction and use whereof is authorized, or intended to bo authorized, by this ordinance, subject as to such construction and use to all the provisions and restrictions,so far as applicable, of an ordinance of the President, ’Recorder and Trustees of tho town of Parkersburg, entitled, An ordinance to permit tho Northwestern Virginia Railroad Company to lay rails along cer­ tain streets of the town, and for other purposes; passed October ‘25, 1852, which, together with the deed of conveyance and agree­ ment between the President, Recorder and Trustees, and the said Northwestern Virginia Railroad Company, bearing date on tho 8th day of June, in tho year one thousand, eight hundred and fifty-five, and of record in the County of Wood and State of West Virginia; and all other ordinances and parts of ordinances heretofore passed l>y the said town, and accepted by the North­ western Virginia Railroad Company, and not repealed, and not conflicting with this ordinance, are hereby declared to be in full forco, and binding on the city of Parkersburg, and the said Parkersburg Branch Railroad Company, as tho successors re­ spectively of the former parties thereto. But the provisions of tho first section of said ordinance of October 25, 1852, shall not be applied to the said extension, hereby authorized.

§4. The permission and privileges granted by the ordinance are upon the the following terms and conditions, and not other­ wise, namely : That tho said Parkersburg branch Railroad Com­ pany shall, without unnecessary delay, proceed to tho construc­ tion of the wharf at the foot of Court street, on the Ohio river, in tho said city, as provided in tho said doed of conveyance and agreement, and complete tho samo, at tho cost and charges of said company, on or before tho 1st day of December, in the year one thousand, eight hundred and sixty-eight, tho said wharf to have tho samo gradients, and to extend as far from tho outer line of Ohio street into the Ohio river, as tho wharf constructed

by the said city, between Kanawha and Neal streets p,ggd. wlien

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To widen Washington Street.              105

completed to bo the property of the said city, and under the ex­ clusive care and control of' the Mayor and Council thereof. {§5. And bo it further ordained, that the said Washington street between Avery street and the point of divergence from said street by the said railroad tract?, or the superstructure sup­ porting the same, shall bo widened by the addition of twenty foot of ground, to bo obtained on either or both sides of said street, so that the whole width of said Washington street be­ tween the points aforesaid shall be sixty feet from side to side, including the sidewalks and the ground occupied by said Hail- road Company.

§6. If the land required for tho purposes of this ordinance or any part thereof cannot be purchased or otherwise obtained by agreement with tho owners thereof to the satisfaction of tho Mayor, he is hereby further authorized and directed to cause application to bo made to the Circuit Court of Wood county to appoint Commissioners as provided by law for the purpose of as­ certaining a just compensation for any part of such land accord­ ing to the laws applicable and in force in such cases.

^7. It shall bo lawful for the Mayor, and lie is hereby author­ ized and empowered to extend tho time for the removal of any buildings or other improvement or any part of cither situated on any part of tho land so purchased or obtained for anytime that ho may deem proper and expedient not exceeding one year from and after tho passage of this ordinance, upon such terms and conditions as may be assented to by the parties in interest, by a suitable instrument in writing, duly signed, except that tho Parsonage of tho Catholic Church is not to be removed under this ordinance unless tho consent of tho owners is first ob­ tained.

$8. The land to bo acquired as aforesaid on either or both sides of Washington street shall bo conveyed to tho said city, except that if said company shall determine to construct said extension, or any part of it outside of tho present boundary of that street or either side thereof, then the land so to bo acquired shall bo convoyed to said company, and in that case tho said company is to leave a pass-way of at least sovon feet in width between tho piers or abutinonts, and the outside boundary of tho streets as widened, except along tho Catholic Parsonage while it remains, and also to -leave the spaces between the piers on Washington

U

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106           To widen Washington Street .

street as ordainod, froo and unobstructed, And under the juris­ diction of the city for police and street purposes, limited only l>y the rights and privileges properly incident to the use of the prop­ erty for the purposos of said extension and bridges.

§0. For the purposo of paying all the oxponsos and damages incident to widening said Washington stroet, as aforesaid, in­ cluding a just compensation for the land to ho acquired for said street or said railroad, it isfurther ordained that the city of Park­ ersburg appropriate fifteen thousand dollars in the bonds of the said city, payable twenty years after dato, with interest, at the rate of six pep cent, per annum, payable semi-annually, and that such bonds bo delivered to said Railroad Company to bo dis­ posed of or used for said purposes, by said company, upon said company agreeing to pay such additional sum as shall be neces­ sary 4'or the purpose of paying said expenses and damages, and the said Railroad Company shall indemnify the said city against all damages which shall be lawfully recovered from or awarded against said city, (including cost,) by reason of the construction of said railroad along Washington stroet, pursuant to this ordi­ nance.

§10. This ordinance shall bo of force and effect whenever the said Parkorsburg .Branch Railroad Company or its agents, shall signify their acceptance of the same, and their assent to all the terms, conditions and stipulations herein contained, by a suita­ ble instrument in writing, signed by their President, or any au­ thorized agent, provided the same is filed with the Mayor and Council in ninety days from the dato of the passage of this or­ dinance; and provided further that when said acceptance is filed the Said Railroad Company shall commence their work on tho bridge within thirty days after filing tho same; and such accep­ tance and assent, together with this ordinance shall have all tho force and effect of a contract or an agroomont between tho said company and the said city. All ordinances and parts of ordi­ nances heretofore adopted, which conflict with this ordinance, are hereby repealed.

ACCEPTANCE.

The Parkersburg Branch Railroad Company hereby accept and assent to all tho terms, conditions, provisions juid.^stipula­

tions of an ordinance of the Mayor and Council of the city of

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To prevent obstructions to Streets, &c,         107

Parkersburg, passed on the tenth day of May, last, entitled “an Ordinance to widen Washington stroot, and authorize the Park­ ersburg Branch Kail road Company to extend their track through the city to the Ohio river, and do hereby agree that this accept­ ance and assent, together with the said ordinance, shall have all the force and effect of a contract or agreement between the said Company and the said city.

In witness' Hhereof, the said Parkersburg Branch .Railroad Company have caused these presents to be signed by their Pres­ ident, this third day of August, in the year one thousand eight hundred and sixty-seven.

CHAPTER VIII.

SUNDRY OBSTRUCTIONS, AND USES OP THE STREETS,

DECLARED OFFENCES AND MADE PUNISHABLE.

An ordinance passed February 27th, 1868, defining cer­ tain offences and misdemeanors, declares the following to be such, among other things, regarding Streets and Sidewalks.

Allowing any collar door, opening on any sidewalk, street or alley, to be kept open at any time between twilight in the eve­ ning and daylight in the morning.

Digging or breaking up any of the streets or sidewalks, with­

out permission from the proper authority.

Stopping any dray-, cart, wagon, or other vehiclo, so as to in­ terrupt the crossingat the intersection of any street, or refusing to immediately remove tho samo when requested to do so. Allowing any cart, dray, or other vehiclo, (except market wagons in the markot spaces,) to remain more than ono hour upon any street, alley, wharf or landing , or for any time, to tho inoonvenionco of passers-by, or the incommoding of the occu­ pants of contiguous buildings.

Kinging bolls, blowing horns, or making any unusual noise in any stroot, or on any sidewalk, riding, driving or loading any horse orqther animal, or drawing any wagon, dray or other ve­

hicle on any : sidewalk.

'VV

-----------------------------------------------------Page 116-----------------------------------------------------

108         To prevent obstructions to Streets , ckc.

Wilfully or negligently permitting any horse or other animal

to stand on any sidewalk.

Hiding or driving any horse or othor animal at any improper or dangerous speed; driving any wagon, cart, dray or othor ve­ hicle without the driver having hold of the reins, or so near that the driver can, in caso of necessity, instantly take hold of tho reins.

Neglecting to make barricades around any excavation mado

in any street or sidewalk, or adjacent thereto.

Shooing horses or other animals in any street, or on any side­

walk.

Selling at public auction in any street or alley, or upon any Public Square, or any wharf or landing, (officers of tho law ex­ cepted,) any goods, wares, merchandise, or household goods, or other article or commodity.

Obstructing any street, alley, or sidewalk. Rolling a wheelbarrow on any sidewalk.

Casting any shavings, ashes, coal, cinder, mud, dung, or othor filth, or annoyance into any street or alloy, or on any sido- walk.

Obstructing gutters in any way, so as to prevent tho free pas-

sago of water along tho same.

Allowing any, noisome or offensive liquid to bo discharged

from any house, factory, or lot, into any street or alley.

Throwing any dead animal, or any putrid moat, or othor pu­

trid substance, into any street or alley.

Allowing on any promises, any noisome or offensive mat­

ter.

Suffering cows or othor animals to stand, lie, or feed on any

of tho sidewalks.

Permitting, or negligently suffering any horse or mule to run away, or to go at largo, or to stand unfastened in any street or alloy.

Hitching any horse, mule, or othor animal to any shade troo growing on any Public Square, or in any street, or on any sido- walk, or to any lamp post.

Wantonly or maliciously cutting or defacing or injuring any shade or ornamental tree or bush growing in any street, yard or burying ground, or on any sidewalk. [Form of Complaint Mo. 5,

Warrant Mo. G, Judgment No. 20j

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Paving Side-walks.                  109

CHAPTER IX.

AN ORDINANCE.

To provide for paving the side walks in the Town of Par­

kersburg.

P a s s e d OcroiiER 8, 1858.

8 k c . [S e c . 1 Owners of lots required to pave side- with street.

walks. 3 Duty of the Supervisor when such

2 Pavements to be of uniform grade | owners fall to pave.

'Be it ordained by the President, Recorder and Trustees of the

Town of Parkersburg:

§ 1. That the owners of any lot or fractions of lots fronting on those streets or alloys whore the curbstonos shall have been set,

or may hereafter bo sot, by authority of the said President, Re­

corder and Trustees, shall be required to pave the side-walks in front of their said lots or fractions of said lots, in the manner hereinafter prescribed, within thirty days after the said curb­ stones shall have been so set.

§2. The pavements of the said side-walks shall bo of an uni­ form grade with the street or alley upon which they border, and shall rise from the curbstone at an uniform angle of elevation of one-half an inch in every loot of the width thereof; said pave­ ments shall bo of good hard brick, or flag stone well fitted, and to the full width of the side-walks.

§3. That whenever any of the owners ofsuch lots or fractions of lots shall havo failed to cause the said side-walks to bo paved, as required by tho preceding sections, within the time therein mentioned, it shall bo.the duty of the Supervisor of the ward, wherein the said side-walk is situated, forthwith to Cause tho samo to be paved, upon the most reasonable terms which can be conveniently procured, and furnish to the owner or owners of each lot or fraction of lot, his, her, or their agent, or tho tenant of tho premises, a statement of the cost of such pavement, and also file, with the Clerk of this board, a copy of the said state­ ments, and if tho amount thereof be not paid, within thirty days after tho filing of such statement, it shall bo the duty of tho Clerk to deliver the same to tho Sergeant, who shall proceed to collect tho same from tho several parties liable therefor, accord­ ing to law and tho ordinances of the town.

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110             To dean Side-walks, dee.

§4. This ordinance shall be in force from and after the date of

its passage. (Form of notice No. 1.

[N o t h .—T ho act <>i' March 17, 18(10, to reduce Into ono (lie several ads of In­ corporation, provides (hat notice shall be given <•> owners, occupiers, or agents of lots, that they are required to pave the side-walks facing thereon, Ac. The fore­ going ordinance Is silent as lo the N o t ic k , hat such notice is undoubtedly neces­ sary he fore the Supervisor of the ward could lawfully causethe paving to he done. Bee chapter V, section 20, title I.

CHAPTER X.

AN ORDINANCE

To require the cleaning of the side walks and Gullers.

PASSED DKCKMIIKB 21,1800.

Sue. 1 Duty                           of property holders to cause a week. is b o .

pavements to he oletuifed at least 0Hcej2 Penalty for failure.

15c it ordained by the Mayor and Council of llio City ol Par­

kersburg :

$ 1. That hereaftor it shall bo the duty of all property holders or occupants of property in said city where puvcmenls arc laid or partly laid, to clean or cause tho same to bo cleaned at least onco a week ; also to keep tho gutters in front of said property open and clear of rubbish.

§2. And upon failuro or refusal of any person so to do, ho, she, or they so offending, shall, upon complaint being made to tho Recorder, bo liable to a tine of not less than ono nor more than toil dollars for each violation of this ordinance, recoverable ns other fines and forfeitures are recoverable.

CHAPTER XT.

AN ORDINANCE

To amend and re-enact the Ordinance passed May 10, 1867, entitled “An Ordinance to widen Washington street, and to authorize the Parkersburg ............ JJrmjch

-----------------------------------------------------Page 119-----------------------------------------------------

To widen Washington Street, cfec.           Ill

Railroad, Company to extend their track through the City to the Ohio river.

I’AHSRI) MARCH 15, 1X70.

Be it ordained by the Mayor and Council of the City of Par

korsburg:

§ 1. That if tho Parkersburg Branch Railrod Company shall within thirty days from and after tho passage of this ordinance, pay to tho city of Parkersburg tho sum of seven thousand five hundred dollars, tho said sum shall be received as a performance and discharge of tho terms and conditions of the fourth section of the ordinance passed May 10, 1807, entitled “ An Ordinance to widen Washi ngt ,on street and to au­ thorise tho Parkersburg Branch Railroad Company to extend their track thropgh tho city to the Ohio river.” And the said Parkersburg Branch Railroad Company shall, upon tho payment of said sum of money, stand released and discharged from the building of tho wharf at tho foot of Court street on the Ohio River in the said city, as required by tho contract or agree­ ment existing between tho said company and the city of Park­ ersburg, contained in tho ordinance aforesaid, which is hereby re-enacted and declared in full force, subject to the amendments heroin con tninod.

§*. Permission is hereby granted to tho said Parkersburg Branch Railroad Company to lay and construct a temporary railroad track, with suitable switches, turn-outs, and crossings thereof, from their property on Green street, across tho said street, along Washington street and across Ohio street, to a point at or near the site of the railroad bridge now in process of con­ struction across the Ohio river, and to continue and maintain the same until the said bridge is completed. But the said tem­ porary track shall be located, constructed, and usod,and tho ma­ terials, machinery and implements- used or to be used in tho con­ struction of the said bridge, its piers, abutments, and super­ structure, and temporarily deposited near tho same, and tho ap­ proach thereto, shall be so disppsod and arranged as not to pro-.

-----------------------------------------------------Page 120-----------------------------------------------------

112         To widen Washington /Street, dto.

vent tho convenient passago along said Washington street and intersecting streets, of drays, carts, wagons and other vehicles, or of foot passengers.

The said temporary track from Avery street to the Ohio river shall bo constructed on the line of the piers and over their foun­ dations, so that the said temporary track shall not occupy moro of the said stroet than is now occupied by the said piers.

§3. If the Mayor and Council of said city shall hereafter de­ termine to construct a wharf at the foot of Croon street, on tho Little Kanawha river, in said city, for the accommodation of ves­ sels and boats navigating tho same, tho said Railroad Company shall by their assent to and acceptance of this ordinance, con­ sent and agree that such wharf may bo oxtonded from tho foot of Green stroet down said Little Kanawha river to Avery street, outside of the Railroad track on the bank of said river loading to tho depot buildings, so far as it may bo necessary to givo to said wharf a suitable grade. But no part of said wharf or ex­ tension shall be made to interfere with tho railroad track now con­ structed along said bank to tho river, until after the railroad bridgo now building over tho Ohio river shall bo completed and fit for uso by said railroad company. But after tho completion of said railroad bridgo across tho Ohio river, and the building of such wharf by the Mayor and Council of tho city of Park- orsburg, as aforesaid, should tho said railroad company desire to maintain its track over said wharf to the Kanawha river, tho gradients of said railroad track shall bo mado to conform to the gradients of said wharf or extension, as far as it is possible to do so, to givo to said railroad track a practicable grade.

A nd the said wharf when completed, shall bo the property of tho said city, and under tho exelusivo caro and control of tho Mayor and Council of said city, but nothing in this ordinance shall bo so construed to doprivo the said railroad company to havo and maintain a railroad track over tho said wharf to tho Little Kanawha river hereinbeforo provided.

§4. This ordinance shall bo in full force and effect from and after tho acceptance thereof in writing by the said railroad com­ pany, which writing shall bo under their seal and signature of their President, and which shall constitute tho agreement

between the city of Parkersburg and said railroad company.

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Privilege to Gas Company, (See.           113

CHAPTER XII.

AN ORDINANCE

Permitting the Parkersburg Gas Company to construct a

Railway across Green Street.

Passed March 25,1878J.

Hue. I BBC.

1. Permission given for Gas company 2. Penalties for violating any of (lie

to construct railway across (jrecn provisions of tills ordinance, street.

Pc it ordained by the Mayor and Council of the City of Parkers­

burg :

§1, That permission is hereby given to the Parkersburg Gas Company to construct a railway from their coal yard on Lot No.— across Green street to Lot No. 147 in said city, for the pmposo of transporting coal from said coal yard to their Gas Works on said Lot No. 147 : Provided that said road or railway bo so con­ structed as in no wise to interfere with tho public use of said street, as contemplated by its original dedication ; nor alter tho grade of said street, neither as at present nor as it may hereaf­ ter be located : Provided further that tho approaches to said road are to bo made smooth, durable, safe, and uniform, across tho entire width of Green Street, and kept so, and that Oak plank of not less than two inches in thickness aro to bo laid se­ curely on the outer sides, and close to the iron rails of said road, and tho bed or spaco between the said rails is to be covered smoothly with planks of like thickness, as aforesaid, so that tho surface of tho road and planks shall bo even with tho surface of tho said street, all to be substantially made, and so constructed as to occasion no jolting nor hinderanee to vehicles passing over tho same; and Provided further, That said Company shall not allow or cause any cars, engine or other rolling stock to remain standing on said street; and Provided further , That persons pass­ ing over said street, or its sidewalks, shall always have prefer­ ence to said company in tho use thereof, for passing along,whoro said road crosses the same.

§2. For any violation or abuse by said company of the privi- logos heroin conferred, they shall be subjected to tho penalty and payment of Five Dollars for each and every such abuse, or

-----------------------------------------------------Page 122-----------------------------------------------------

114         Privilege to Jackson & Co,, &c.

violation, to bo recovered by summons or notice before the 'Re­ corder.

CHAPTER XIII.

AN ORDINANCE

Permitting Messrs. Jackson & Co., to construct a Railway

across Depot, Street.

Passed April 22,187!!.

Klee.                                          I Hue.

1, Permission                              12. Penally

Be it ordained by the Mayor and City Council of the Oily of

Parkersburg:

§1. That permission is liorobj given to Messrs Jackson it Co., to construct a Railway from their Oil Rofinory across Depot Street to the property of the Baltimore and Ohio .Railroad Com­ pany, at the outer depot, in the said City, for the purpose of transporting carbon oil from said Refinery, to the track of the said Bilroad Company at their said outer depot.

Provided, That said railway be so constructed as in no wise to interfere’with the public use of said street, as contemplated by its original dedication; nor alter the grade of said street, neither as at present nor as it may hereafter bo located: Provided further, that the approaches to said road are to be made smooth, durable, safe, and uniform across the entire width of Depot Street, and kept so, and that Oak plank of not less than two inches in thick­ ness, are to be laid securely on the outer sides, and close to the iron rails of said road, and the bed or spaco between the said rails is to be covered smoothly with Oak planks, of like thickness, so that the surface of the road and planks shall be even with the sur­ face of the said street, all to be substantially made, and so construc­ ted as to occasion no jolting nor hindrance to vehicles passing over the same, and Provided further, that said Jackson it Com­ pany shall not allow or cause any cars or other rolling stock to remain standing on said street; and Provided, further that per­ sons passing over said street or its side-walks, shall always have

-----------------------------------------------------Page 123-----------------------------------------------------

*

/Speed of Railway Trains.                115

proforenco to said Jackson k Company in the use thereof for passing along where said read crosses the same.

$2. For any violation or abuse by said Jackson k Company, of the privileges herein conferred, they shall be subjected to the penalty and payment of Five Dollars for each and every abuso or violation, to be recovered by summons or notice before the Recorder.

CHAPTER XIV.

AN ORDINANCE

hi relation to the speed of Railway Cars in the City of

Parkersburg. Not to obstruct streets.

Hoc. I See.

]. Speed 11 in I led. 8. Mow penalty recoverable.

IVnully for propelling caimit m i l l . Unlawful for cure to occupy Streets lawful speed. | Penalty.

Bo it ordained by the Mayor and Council of tho city of Parkers­

burg :

§1. That it shall not be lawful to propel any railroad engine or car within tho limits of the City of Parkersburg, at any greater rate than six miles an hour.

§2. That any conductor, engineer or other person who shall have, charge of, or bo in any way concerned in propelling any lo- comotivo or car within said limits, at any greater speed than herein provided for, shall forfeit and pay a fino of not less than live, nor more than fifty dollars; one half of which shall go to the informer.

$3. Any forfeiture or penalty incurred by any porson under this ordinance, shall be recoverable by warrant boforo the Ifo- corder, with costs.

§4. It shall not be lawful for the railroad company to suffer or permit any of their cars to stand in or occupy any of tho streets in said city, empty or when loaded, longer than is necessary with all convenient dispatch to unload the same, under a penal­ ty of one dollar for each car standing in the street in violation of this section for every hour any car shall bo so permitted to stand in tho street, to be recovered as other penalties imposed by the Council are recovered. (Forms No. 4-0.

-----------------------------------------------------Page 124-----------------------------------------------------

116             Northwestern Turnpike.

CHAPTER XV.

NORTHWESTERN TURNPIKE.

That part of the Northwestern Turnpike which lies within the corporate limits of the City of Parkersburg, has by law been granted and released to the city’, and is consequently subject to the same municipal control as other streets. It may therefore become a matter of consequence both to the city and to proper­ ty holders along that part of the Turnpike, to know what acts have been passed by the Legislature affecting the same. The following references will serve to aid investigations to this end.

AN ACT

Prescribing certain general regulations for the incorpora­

tion of Turnpike Companies.

P a s s e d F e b r u a r y 7, 1817.

Providing among other things, bow road may bo laid out, and land obtained through which it is to bo run. In what man­ ner damages shall be estimated. In what manner road to bo fin­ ished. of what width, &e. See revised Code of 1819, chapter 234, pages 211 to 225, inclusive.

AN ACT

To incorporate the Northwestern .Road Company.

P a s s e d F e b r u a r y 27, 1827.

See acts of 1827, Chapter 7(i, pages , 85, 80, 87.

AN ACT

To provide for the construction of a Turnpike Road, from

Winchester to the Ohio River.

Northwestern Turnpike Road Company incorporated grade

not to exceed five degrees.

Width may he varied , but not to exceed eighteen feet , nor be less

than twelve feet.

Plats and maps to be delivered to the clerks of the county courts of the.counties through which the road may pass, and by

-----------------------------------------------------Page 125-----------------------------------------------------

Northwestern Turnpike.                117

such clerks to be recorded, upon which recordation the land over which the said road is located shall become ipso facto vested in the commonwealth for the use of said road, (4th section of the act.) Company to bo governed by the 12th and 13th sections of the act of the 17th of February, 1817 prescribing General regula­ tions for the incorporation of Turnpike Companies, &c.

P a s s e d M a r c h 19, 1831.

See acts of 1831, chapter 104, pages 153-4-5-G-7 and 8.

AN ACT

Changing the location of N. W. Turnpike road through

the Town of Romney.

P a s s e d M a r c h 10, 1882.

See acts of 1832, chapter 80, pages 92 and 93.

AN ACT

Prescribing the ex-officio, duties of the officers of the gov­ ernment and herein constituting the Board of Public

Works the Northwestern Turnpike Road Company.

P a s s e d M a r c h 15, 1833.

See acts of 1833, chapter 14, page 16.

An act changing location of Northwestern Turnpike road

through the Town of Evansville.

P a s s e d F e j i r u a r y 20, 1881,

An act authorizing Northwestern Turnpike Road Company to subscribe for shares of the Northwestern Road Company of Maryland.

P a s s e d M a r c h 1, 183-1.

See acts of 1834, chapters 91 and 92, page 105.

An act authorizing the appointment of an additional superin­

tendent of the Northwestern Road.

Passed February 28, 1885.

See acts of 1835, chapter 83, pages 72 and 73.

An act to reduce and regulate the tolls on the Northwestern

Turnpike.

Passed January 19, 1830.

-----------------------------------------------------Page 126-----------------------------------------------------

118             Northwestern Turnpike.

See acts of 1836, chapter 103, page 82. Chapter 104 same page authorizes change of location through Town of Evansvillo.

An act authorizing loan for the Northwestern road.

Passed March 80,1887.

Acts of 1837, chapter SB, page 82.

An act prescribing regulations for completion and repair of the Northwestern Turnpike. Acts of 1838, chapter 139, page 98.

An act authorizing temporary loan to be made:, and sale of

State bonds. Act of 1839, chapter 102, page 70.

The above act modified and partially repealed by acts of 1840,

chapter 76, page 01.

An act authorizing further loans, 1841, chapter 85, page 92.

An act authorizing change of location of so much of tho Northwestern Turnpike as now extends from Juliunn street to Ann stroet in live City of Parkersburg and discontinuing tho same and substituting New street, for the part discontinued. Act of February 15, 1860. Sec also chapter 11, title 3.

AN ACT

Concerning the Staunton and Parkersburg and North-'

western Roads.

This act repeals so much of “An act authorizing a reduction of width of certain portions of the Staunton road and concern­ ing tho Baltimore and Ohio Railroad Company,” passed March 19, 1841, as authorizes the reduction of tho width of the Staun­ ton Road, to forty feet; and declares that tho width of the Staun­ ton Road, and of tho Northwestern Turnpike road shall bo fixed and continuo at the width of sixty feet throughout, as provided by tho 14th section of tho act of tho 7th of February, 1817. Passed March 14, 1842. [Sec Acts of 1842, Chapter 117, Page

69.

[N o t h .] II. isdlfllcult, If not impossible!, In ascortuln with precision th .............. -I k ! iml location of tins Northwestern Turnpike, as ii. was laid out tliroiiKli I lie territory, now within tho City limits.

The act passed March llltli. IH81, providing lor the construct ion of the road, fixed Its width not to exceed Hlghtnn Feel, nor to lie less than Twelve Feel ; and p ile act last above cited vt/.. the actofWbi, provides that the width of said road shall he fixed and continuo at sixty feel. The luii«uu«e used Implies t hat some act was to lie done, hy proper persons or authority in order to 11 x the width of the road utsixty l'oet. It does not say flint “Hie width of said road is hereby 1 1 x uddflBlMHJwMSmfey bosixty foot,” nor use words of similar Import; nor .would If

-----------------------------------------------------Page 127-----------------------------------------------------

City Officers.                  119

l'Oftil   originally laid out nigh teen font wide, through an improved country, and so remaining from MU to 1KI2, could ho expanded hy more am. of the Legislature, to the width of sixty feet, thereby appropriating buildings, and im iroveinonts, with­ out regard to private property,a nil without providing for the ascertainment of dam­ ages,and compensation therefor. 11 is manifest the Legislature con tern plated some­ thing further I n he done, in order to mark and deline t lie road, and to obtain I I le right of property, «tsc., from (lie language, used, vis, ‘'.shall he fixed and continue at l lie width of sixty feet throughout.” whether any action has been taken under this act, hy the pro pet persons or authority to so widen the road to sixty feet, very ex­ tensive researches have not disclosed, liy the act of March 17th, jSfil, (hereafter referred to,) all the right, title, and Interest of the Commonwealth in, and to, so much of the Northwestern Turnpike road as passes through the City, is granted and released to t he same.

The references in this Chapter may bo of value when iiuestions arise touching

tho subject matter of the same.

An act to provide for the McAdamizing the Northwestern

Road. Act of 1848, Chapter 131, Page 173.

An act making further appropriation to the Northwestern

Road. Act of 1849, chapter 136, page 91.

An act extending the corporate limits of tho town of Parkers­ burg and for other purposes. By the 3rd section of this act tho States right to part of tho Northwestern Turnpike released to the city.

Passed March 17, 1851.

See acts of 1851, chapter 262, pages 181-182, also           IV,

title 1 of this work. 0

TITLE No. 11.

CITY OFFICERS.

C h a p . 1.   Creating tho office of Deputy Marshall.

“    2. Creating the office of Weigh Master, and defining his

duties.

“    3. Creating the office of Inspector and defining his duties. “    4. Peace officers. “    5. Town guard.

“    6. Board of Health. Health regulation. Health officer. “     7. Duties of certain officers defined. “    8. Fire Warden. Duties defined. “    9. City Guagcr. “    10. Policemen.

-----------------------------------------------------Page 128-----------------------------------------------------

120                  City Officers.

CHAPTER I.

AN ORDINANCE

Creating the office of Deputy Marshall.

Passed June 8,1812.

Bo it ordained by the President, Recorder and Trustees of the

Town of Parkersburg:

§1. That it shall be lawful for the Marshall, at any time du­ ring tho continuance of his office, to appoint a deputy, who shall perforin such of tho duties of tho Marshall as that officer may devolve upon him, or the Board, or any member thereof author­ ized so to do, may require ; for which ho shall receive the same compensation or fees ns tho Marshall is entitled to iu like cases. Provided, however , That such appointment shall not be valid un­ til approved by the Board; and that tho said deputy Marshall may bo removed from office for cause, at the ploasuro of the Board, or of tho Marshall.

[N o t t s .] The office of Marshall end ot Deputy Marshall, superceded l>,v Hin t of Sergeant. See the act reducing i%toono the various nets of InoorporalIon. Chap­ ter 5,Title Number 1

CHAPTER II.

AN ORDINANCE

Creating the office of Weigh-Master and defining his du­

ties.

1.     Annual election of Weigh Master. 2.     Required to give bond, and take

the oath of office.

8. Pees to be demanded.

‘1. Khali attend punctually to all calls

for weighing.

Compensation for Services.

Shall keep a book showing his acts. OrilI nances repealed.

Bo it ordained by the Mayor and Council of the City of Parkers­ burg :

§1. That on tho adoption of this ordinance, and annually thereafter, at tho same time of tho appointment of tho Ser­ geant, thereshall bo appointed, by the Council, a Weigh-Master, who shall hold his office until his successor is appointed and au­ thorized to act, unloss sooner removed for cause.

§2. Ho shall, before entering on tho duties of his office, give

-----------------------------------------------------Page 129-----------------------------------------------------

Inspector, duties,                   121

bond with on© or more securities, to bo approved by tho Mayor, in such penalty as tho Council shall from timo to time fix, con­ ditioned for the faithful performance of his ditties, and to pay over all monies belonging' to said city, that may come into his hands by virtue of his said office, and take an oath to faithfully discharge the duties thereof.

$ 3. He shall demand and receive the following fees,from such person or persons as shall apply to him for weighing on said scales, payable in all cases when the service is rendered: For each draft of hay, Lwenty-fivo cents ; for each draft of coal, twenty-five cents; for one head of cattle, twenty-five cents ; for each draft of cattlo, exceeding one and up to five, fifty cents; for each additional head of cattle over five in one draft, ton cents each ; for each draft of ten hogs, or sheep, fifty conts; for each hog or sheep, over ton in one draft, five cents each.

$4. Ho shall attend punctually to all calls for weighing, to be done in person, or by some competent assistant, who shall take a lik'd: oath, and tho said Weigh-Master shall be responsible for his acts.

§ 5. He shall receive for his services one third of all the mon­ ey so collected. • § (5. Ho shall keep a book showing, in separate columns, the persons names, the kind of thing weighed, tho weight of the same, and the date of weighing, and amount of price, for weigh­ ing, which book ho shall produce before tho Council when called for.

§ 7. All ordinances and parts of ordinances coming in conflict

with this ordinance are hereby ropcaled.

CHAPTER III.

AN ORDINANCE

CREATING THE OFFICE OF INSPECTOR AND DEFI­

NING HIS DUTIES.

SMC.                                           H; l Annual appointment of an Inspec­

tor.                                    1 '2 Test all weights and measures. 5 :i To measure all carts, wagons or other (>

vehicles used for hauling coal, wood,

hark, &c.

To measure sawed or hewd limber. To gauge casks, &e.

() rd in a nces repealed.

ii o it ordained by tho Council of the City of Parkersburg : $ 1. That upon tho adoption of this ordinance, and annually

10

-----------------------------------------------------Page 130-----------------------------------------------------

1 /J2              Inspector, duties, &c.

thereafter, the Council shall appoint an Inspector, who shall take tho like oaths ancl be subject to the like orders of the Council, as other officers now authorized by Ordinance, whoso duty it shall be—

§2. lie shall, when furnished with a proper standard, at least once a year, test all weights and measures by which any produce, merchandise or other thing is bought or sold in said city, and put his official seal, brand or mark on tho same ; and for all the time thus necessarily employed, ho shall receive at the rate of two dollars per diem, which shall bo paid by order of Council, when tho account, stating tho duties performed and the time employed, properly certified under his oath, is presented to the Council, and any person found selling any short weight or measure, shall be fined not less than one nor more than five dol­ lars for each offense, recoverable on the warrant of the Recor- dcr, as other fines and forfeitures are recoverable. (Form of complaint No. 4. Warrant No. G.)

§3. lie shall, when called on, measure all carts wagons or other vehicles used for hauling coal, wood, bark or other thing sold by tho bushel or cord, in loads; and shall distinctly mark all beds so measured with letters or figures, showing the capacity of tho same, for which tho person having tho same done shall, pay to said inspector fifty cents, and if any person, failing to have such measurement, shall haul for compensation any such thing as herein specified, and charge, demand or receive for more material than a measurement made by said Inspector,shall show, lie, sho or they, so selling or hauling for compensation, shall for­ feit and pay to tho city a sum equal to tho value of the load so hauled or sold, which shall be recovered by warrant before the Recorder, in tho same manner as other fines and forfeitures are recoverable, (same forms.)

§4, lie shall, when called on, measure any sawed or hewed timber, offered for salo in said city, for which he may demand and receive at tho rate of three dollars per diem, for the time so employed, to be paid in all cases, by tho party demanding or requesting tho measurement made.

§5. He shall, when called on, gauge all cask's, barrels or kegs, whether filled or empty, for which the person applying for tho same to be done,shall pay for any number of five or less, twenty' fivo cents each ; and for any number over five or less than twenty,

-----------------------------------------------------Page 131-----------------------------------------------------

Peace Officers , duties , dec.               123

ton cents each; and for any number over twenty, five cer.ts each. S 6. All ordinances or parts of Ordinances coming in conflict

with this ordinance are horeby repealed.

CHAPTER IV.

AN ORDINANCE

Respecting the duties of the Peace Officers of the Town of

Parkersburg.

I' a s s k d J u i j Y 21, 1857.

Hue.                                         is k c .

1 Special duly of Sergeant. |5 May command parson* tohlsussis- - Sergeants dut ies on Sabbaths and oni tanco,

public (lays. 0 I’crsons arrested to l)o taken before

.'I To enforce ordinances, and Institute Itecorder.

prosecutions. ]7 Flues and penalties how recoverable I Penalty lor resisting or obstructing 8 Fees lor exccut Ing t his and oilier or-

Sergeant In Ills duties. | d I bailees.

He it ordained by the President, Recorder and Trustees of the

Town of Parkersburg:

§ 1. That it shall bo the special duty of the Sergeant of said town to seo that the peace, quiet and order, in said town, is pre­ served, and that for such purpose all the authority, rights and privileges granted by. the laws of the State to Constables in the performance of like duties, shall be considered in force and shall apply to tho said Sergeant.

$2. It.shall be the duty of the said Sergeant, on every Sabbath day, and on public days and holidays, to visit tho different por­ tions of the town, and disperse all crowds which may likely en­ gage in breaches of tho peace, and to arrostall persons who shall cause any riot, tumult, disorder, or noise within the said town, or shall be guilty of any disturbance of the peace and quiet thereof, and take them before tho Recorder as hereinafter provi­ ded for.

§8. It shall bo tho duty of tho Sergeant to cnforco tho ordi­ nances generally, to institute prosecutions for all offenses against tho samo; and if, after being informed of any offenses, or bo an eye-witnoss to any breaches of tho peace, ho shall neglect or re­ fuse to institute a prosecution against tho offender or offenders, lie shall forfeit and pay, to tho said town, a sum of not less than ten nor more than twenty dollars.

-----------------------------------------------------Page 132-----------------------------------------------------

124             Peace Officers, duties, &c.

§4. If any person or persons shall, by force, resist or obstruct the Sergeant in the arrest of any person engaging in any breach of the peace, or in the quelling of any tumult or disorder, ho or they shall forfeit and pay to the said town a fine of not less than ten nor more than twonty dollars.

§5. The Sergeant, if resisted by force, in the lawful execution of any duty, or the lawful exercise of any power or authority, granted to him by law or any ordinance of said town, or if there bo good cause to apprehend that any such resistance is intended, shall bo authorized to command to his assistance, any free white male person or persons found in said town, and between the ago of twenty-one and forty-five years, and if any such person, so commanded, shall not, to the best of his power and ability aid and assist such Sorgoant in the exercise of such power and au­ thority, he shall forfeit and pay to the said town a fine of not less than five nor moro than twenty dollars.

§ 6. It shall bo the duty of the said Sergeant to take before the Hecorder of said town, all persons arrested by him in the dis­ charge of the duties required of him as aforesaid, who shall pro­ ceed to try tho same, and if he consider there is good cause therefor he may require of the person so taken beforo him as aforesaid, a recognizance for his good behavior, for a term not exceeding one year, and shall give judgment against him for the costs of the prosecution or any part thereof, and, unless such recognizance be given, he shall commit him to tho jail of Wood county, by a warrant, stating tho sum and time in it, and for which tho recognizance is directed; and the said recorder may issue an execution upon any judgment, given under this section for costs, in which there shall be allowed a foe of fifty cents to the Sergeant for each arrest, and fifty cents to the Itecorder for such trial.

§7. All fines and penalties imposed by any section of this or­ dinance shall be recoverable by warrant beforo the Recorder, in like manner as other fines are recoverable, with costs.

§8. For the Execution of this ordinance, or any other hereto­ fore or hereafter passed, when itbecoinos necessary for tho Ser­ geant to make an arrest, or to levy any property, or the duty of the Kocorder to give any judgment, there shall be charged to tho delinquent defendant a fee of fifty cents to the Sergeant and a fee

-----------------------------------------------------Page 133-----------------------------------------------------

Town Guard.                      125

of fifty cents to the Bocordor, to bo recovered by execution, to be levied by tho Bocordor, unless previously paid.

4$ 9. This ordinance shall take effect from tho first day of J uly, 1857. (Forms No. 4, 6 and 14 may be suited to violations of this chapter.)

CHAPTER V.

AN ORDINANCE

To establish a Town Guard in the Town of Parkersburg,

P a s s e d M a r c h ll, 1850.

S e c . | S e c .

1    Town guard to bo appointed. 8 To take tho oath of office. 2 Duty of the town guard. | 4 Compensation for services.

Be ordainod by the President, Bocordor and Trustees of tho Town

of Parkersburg:

§ 1. That there shall be appointed by tho said President and Recorder and Trustees, at such times as they may think proper a town guard to consist of not more than ten persons, to hold thoir office during tho pleasure of tho said President, Recorder and Trustees.

§2. It shall bo tho duty of the said town guard to keep watch in and about tho said town, to preserve tho peace, to arrest and carry before tho Recorder or some Justice of tho Peace, to be dealt with according to law, all persons guilty ofa breach there­ of or of any by-law or regulation of tho town or the laws of tho State, to aid and assist the Sorgeant in tho execution of all pro­ cess to him directed, when by him so required, or to execute tho same when ho is not present, and to execute general police pow­ ers within said town.

§ 3. That before entering upon tho duties of thoir said office, every person so appointed as a guard, as aforesaid, shall take an oath before the Recorder, or some Justice of tho Peace, that he will faithfully and to the best of his skill and ability, discharge tho duties of his said office; a certificate of which oath shall bo by him roturnod to tho Clerk of this Council andfillod.

§ 4. That every person so appointed on the town guard afore­ said shall receive for overy day hois actually employed, as such town guard aforesaid, tho sum of ono dollar.

§ 5. This ordinance shall bo in forco from its passago.

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126                Board of Health.

CHAPTER VI.

AN ORDINANCE

To establish a Board of Health for the City of Par­

kersburg.

SBC. 1 Creating                                                a Boavcl of Health. |2 I hko Powers . defined.

Bo it ordained by the Mayor and Council of the City of Parkers­

burg:

§ 1. That a “Board of Health,” for tho said city bo and the same is hereby created and established as authorized in an act of the general Assembly of tho State of Virginia, and that six members constituting the “Board” be forthwith appointed, and that the regular election for members of the said ‘Board’ hereafter shall be held at the first mooting of the Council in each and ev­ ery year.

2 2. Said “.Board of Health” is hereby empowered: 1. To abate and cause to bo removed all and every nuisance in said city and to assess the costs and expenses of tho same upon tho pro­ perty--which assessment when duly certified by tho President of the .Board to the City Council and approved by said Council, shall become a lien, to be collected the same as any other tax in favor of said city, and to compel tho proprietors, owners, agents or assignees upon, or on which tho same may bo found, to abate and remove tho same. 2. To regulate the construction and arrangement of water closets and privy vaults, and also the emp­ tying and cleaning of same. 3. To create a complete and accu­ rate system of the registration of births, deaths and interments occurring in said city for tho purpose of legal and geneological investigations, and to furnish facts for statistical, scientific and particularly sanitary purposes. 4. When complaint is made, or a reasonable belief exists, that an infectious or contagious disease prevails in tho city, in any locality or house, make all necessary investigation, and on discovery that such infections or contagi­ ous disease oxists, to solid the porson or persons so diseased to tho Post House, except persons or parties shall agree and bind them­ selves to close their house or houses during tho continuance of

such disease in said house or houses. 5. To make and pass all guch

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Regulating the Board of Health.             127

orders and regulations as they shall from time to time deem necessary and proper for the public health, and prevention of disease ; such rules and regulations however, to bo of no effect until approved by tho Council of said city, but when so approved to have all the forco and effect of ordinances of tho said city.

AN ORDINANCE

Regulating and Governing the Board of Health of the

City of Parkersburg .

Passed July 11), 18(17.

BMC Hrcc

l. Hoard to consist of sixmembers. /I. District Committee. ■>. Meeting of tho Hoard. (i. Sanitary Police.

:i. Kules governing tlin Hoard, 7. What done when report made to t. City divided into districts. Committee of a nuisance.

Be it ordained by tho Mayor and Council of the city of Parkers­

burg :

§1. The Board of Health for tho cit/shall consist of six mem­ bers, appointed by tho city Council at thoir first meeting in'each and every year. Upon due notice of the election having been given to tho person so electod, they shall assemble as soon there­ after as possible, and organize, by electing a President and Sec­ retary.

$2. The Board shall moet tho night preceding tho regular

meeting night of tho Council.

§3. The same rules and regulations governing parliamentary

bodies in debato, &c., shall govern this “Board.”

§4. Tho city shall bo divided into throe districts, as follows: The first district shall embrace all that portion of tho city lying betwocn Ohio and Market streets, the second district betwoon M arket and Harris streets, and the third district, all that portion of tho city lying botwcon Harris street, and the Eastern city limits.

§5. There shall be appointed by the Board at its first meeting in each and every year, two members of its body, to oach and every district in tho city, as abovo described, who shall consti­ tute a district committee. It will be tho duty of tho district committco to carefully examine tho sanitary condition of thoir respective districts as occasion may requiro, rocoive all roportsof

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128         Regulating the Board of Health.

nuisanco from tho “Sanitary Police,” and residents of said dis­ tricts, when thoy shall immediately visit such placo or places, make a thorough inspection thcroof, and if they doom it necessa­ ry for tho health of tho district, to cause the same to be abated, as hereinafter provided.

§6. Tho police ot tho city shall constitute tho “Sanitary Po­ lice,” whoso duty it will be to make a thorough inspection of their district, (as may bo assigned thorn by tho city Council) once a week, and report the result of their inspection immedi­ ately to tho district committee.

§7. When report is made in writing to any member of tho district committee of a nuisanco existing in their district, it will bo tho duty of the committee to visit such placo or placos, and if thoy deem it necessary, cause tho nuisanco to bo abated, as follows:

1st. If tho nuisanco bo of such a nature as should bo removed at tho oxponso of tho city, tho cost of said removal not exceed­ ing twenty dollars (820.) then tho district eommittoo shall issue an order to tho Street Commissioner, whoso duty it will bo to comply with said order forthwith.

2nd. If the nuisanco bo of such magnitude as to oxcoed tho cost of twenty dollars, tho same to be done by tho city, then it will bo tho duty of tho eommittoo to report tho same to tho Council, with tho necessary recommendations.

3rd. If the nuisanco bo of such naturo as should bo removed by tho owner of said property, landlord or lessee, then said com- mitteo shall issuo thoir order to tho owner, landlord or lessoo as they may deem proper, requiring said nuisanco to bo removed within such time as the eommittoo may think proper. In caso of tho failure of said owner, landlord or lessoo, to romovo said nuisanco within the timo specified then the eommittoo shall ro- port tho fact to tho Street Commissioner, whoso duty it will bo to causo the nuisance to be abated, charge tho cost of such work to tho owner, landlord or lessoo, (as above specified), and to which shall bo added the lino of twenty dollars. All of which to be collected tho same as any other city-tax.

ml

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Health Officer.                  129

AN ORDINANCE

Creating the office of HEALTH OFFICER, for the

City of Parkersburg .

Passed June 10,1878.

S e c . I S e c .

1. Annual Selection of Health oincor. it. To report (ho sanitary condition of

His duties doll nod. the City,

a. Health officer to be a Physician. 4. Compensation for services.

Bo it ordained by the Mayor and Council of the City of Park­ ersburg :

§1. That upon the adoption of this ordinance, and annually thereafter, the Council shall appoint a HEALTH OFFICER, for the City of Parkersburg, who shall take the like oaths, and be subject to the like orders of the Council, as other Officers now authorized by ordinance, whoso duty it shall be:

1st. To abate and cause to be removed all and every nnisanco in said City, and to assess the cost and expenses of the same up­ on the property to which such nuisanco pertains, which assess­ ment, when duly certified by the President of the Board of Health, to the City Council, and by said Council approved, shall bccomo a lion, to bo collected the samo as any tax, in favor of said City, and to compel the proprietors, owners, agents, or as­ signees, upon, or on which the same may bo found, to abate and remove the samo.

2nd. To regulate the construction and arrangement of water closets and privy vaults, and also the emptying and cleaning of the same.

3rd. To proscribe a coinploto system of the registration of births, deaths, and interments, occurring in said City, for the purpose of legal and goncological investigations, and to furnish facts for statistical, scientific, and especially sanitary purposos.j 4th. When complaint is [made, or a reasonable belief exists that an infectious or contagious disease exists, to send the per­ son so diseased to the City Hospital, except persons or parties shall agree and bind themselves to close their house or houses during the continuance of said disease therein.

5th. To make such orders and regulations as ho shall, from timo to time doom nocossary and proper for the public health, and provojitiou of disease; such orders and regulations, howov-

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130          To secure the Health of the City.

or, to bo of no effect only from the time they are made, until the next meeting of the Council of tho City, unless they shall be approved by said Council, and when so approved they are to have all the force and effect of ordinances of the said City. So much of the 2nd section of Chapter G, Title 11, as conflicts

with this section, is hereby repealed.

§2. Said Health Officer shall be a regular Physician, in good

standing, and a resident of tho said City.

§3. Ho shall make report to every regular meeting of the City Council, and to any special mooting, if required, of the Sanitary condition of tho City, and of all cases of contagious and infectious diseases ; shall from time to time recommend such measures, as. in his opinion, are calculated to promote tho public health, and communicate such other information touching tho premises, to the said Council, as ho shall doom proper, for their consideration; 4$4. Ho shall, for such services, receive a compensation of Pour Hundrod dollars per annum, to bo allowed and paid as other officers of tho city government.

AN ORDINANCE.

Better to secure the Health of the City of Parkersburg.

Passed September 26, I860.

Bo it ordained by the Mayor and Council of tho City of Parkers­

burg :

\ 1 That hereafter it shall not bo lawful for any person to sell or dispose of, in any way, melons of any kind, or other un­ wholesome or stale vegetables, meats or oysters: but this ordi­ nance shall not hereafter apply to the sale of melons from the first of July to the first of September. For any violation of the foregoing restrictions a fine of from five to twenty dollars is here­ by imposed, to bo recovered by warrant before the Recorder in the same manner that other fines are recoverable. §2. This ordinance shall be in force from its passage.

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To Prevent Infectious Diseases.

131

AN ORDINANCE.

To 'prohibit the introduction of infectious diseases.

Passed September 28, 1800.

Bo it ordained by tho Mayor and Council of the City of Parkers­

burg:

§1. That hereafter any public carrier, company or other por- son, that shall bring into tho city any person infected with any contagious or dangerous disease, or the dead corpse of any per­ son who died of any such disease, except it ho a citizen thereof, shall ho fined not less than live, or over twenty dollars for each offense, and such person, company or carrier, on bringing any citizen or dead corpse of any citizen, into the corporate limits of tho city, so infected, or who diod of such infectious disease, and shall not immediately notify the health officer of the city, the Mayor, or some member of the Council thereof, shall ho subject lo a lilco penalty in either case, to ho recovered by warrant be­ fore tho Recorder, in the same manner as other fines are recov­ erable. [Forms No. 4-6.]

CHAPTER VII,

AN ORDINANCE

To define the duties of Certain Officers therein mentioned ,

and for other purposes.

Passed March 20,1807.

SEC. SEC.

1. Annual appointment of Hccordo H. Treasurers duties. Treasurer, Olorlc, Horgfiant and I'Mi •I. Ulerk’H duties.

Warden. Term of ofllco. • r i. Assessessur's duties.

2. Recorders duties. 11. Sergeant's duties.

Be it ordained by (he Mayor and Council of the City of Park­

ersburg :

8 1- That there shall be appointed by the Council,immediately after their election,and whenever a vacancy may occur,a Recorder, Treasurer, Clerk, Assessor, Sergeant and Fire-Warden, who shall respectively bold their offices from the time of their appoint­ ment until the expiration of ten days after tho succeeding gen-

-----------------------------------------------------Page 140-----------------------------------------------------

132              Duties of Certain Officers.

oral oloction, unless sooner removod for cause; all tho said offi­ cers, and all whoso offices may hereafter be created, shall, beforo entering on tho duties of their respective offices, take and sub­ scribe such oath as are now, or may bo hereafter required by tho laws of the State, or the Ordinances of said city.

ij2. It shall be tho duty of the Recorder to do and perform all tho duties as prescribed in an Act of Assembly, passed March 17th, 18G0, section 32, or as prescribed by any ordinances of tho city, and shall receivo such compensation for his services as are now allowed by law,or tho Council,from time to time,may deter­

mine and appoint.

3. It shall bo tho duty of the Treasurer to Audit quarterly tho accounts of the Sergeant, of all monies received by him for the use of tho city; and to pay none, nor allow a Credit in tho settlement of any sum, whatever, except to tho order of tho Mayor, eountorsignod by tho Clerk, as authorized by tho Conn- cil; and he shall bo authorized to receive of tho Sergeant any certificates of indebtedness, (which have been properly issued by the said city,) and credit the city account with tho same, as so much money received, and to hold such certificates as vouch­ ors for so much monoy paid out by him as Treasurer, and on settlement of his account, ho shall bo allowed for the same. JLo shall, at tho first meeting of the Council, after the first days of July and January in ovory year, (and oftoner if required by tho Council,) render an account of his receipts and disbursements, producing tho vouchers for tho latter; he shall give bond, with such security ns the Council may approve or order,for the faith­ ful performance of his duty, and for his services shall be paid such compensation as tho Council may from time to time allow and appoint.

§4. It shall bo tho duty of tho Clerk to attend ovory stated or special mooting of tho Council, to keep regular minutes of their proceedings, and at tho openoning of every meeting, to read tho minutes of tho next preceding meeting, unless such reading bo dispensed with by a vote of the Council ; to record, in a fair hand, in a separate book, all their ordinances, by-laws, orders and regulations not heretofore recorded, or which shall bo hereafter passed ; to noto on tho margin opposite to each or­ dinance &c., or part thereof, tho dato of any repoal or amend­ ment of tho same, with tho pago of tho book where such repeal

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Duties of Certain Officers.

133

or ordinance is recorded ; to filo and preserve all reports made to the Board in writing, and all papers laid before it; and gene­ rally to perform all the duties required of a Clerk. Ho shall be entitled to receive for every mooting ho may attend, (at which any business is transacted,) -------dollars, and for other services, ho shall receive such compensation as the Council shall from tirno to time appoint.

$5. It shall be the duty of the Assessor, to make and return to the Mayor, to bo by him laid before the Council, a fair assess­ ment of all such real and personal property, and an accurate list of all such titheables as are usually found residing within the bounds of the corporate limits, and any and all other statis- tistical information, as tho Council shall from time to lime ap­ point or direct; audio commence tho same within one month after being served with a notice of any ordinance or order re­ quiring such assessment and list. He shall be entitled to such compensation as the Council may from time to time agree upon and allow for such services.

§6. It shall bo the duty of the Sergeant or his deputy, (in ad­ dition to tho duty imposed on him by the several acts of incor­ poration and amendments thereto,) to attond each and every meeting of the Council, to collect all levies of taxes of every kind, whatovor, for tho use of tho city, and on each and every Saturday, or oftener, if the Council shall so require, deposit tho samo with tho Treasurer, to the crodit of the city, and tho Treas­ urers receipt, or if one of the Banks should be selected as Treas­ urer, then tho Cashier’s entry on his bank-book shall be his voucher for so much money collected and paid over ; and for any failure of tho .Sergeant to deposit tho whole amount so col­ lected by him as aforesaid, ho shall bo held liablo, on his official bond, to the city, together with two per cent, per week on all monies so withheld ; and it shall be the further duty of tho Sor- goant or his deputy, to sorvo all notices, collect all fines and pen­ alties, and for such services ho shall bo entitled to, and receive such fees as are now prescribed by law, or any special ordinance of tho city. It shall be his duty to summon tho members to any special meeting of tho Council, and to perform such other duties as tho Council shall from time to time proscribe.

J$7. All ordinances and parts of ordinances in conflict with

this ordinance, arc hereby repealed.

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134            Fire Warden , duties, dec.

CHAPTER VIII.

AN ORDINANCE

To amend an ordinance passed March 26, 1867, creating

the Office and defining the duties of Fire- Warden.

Passed March 18H7.

SEC. |8KO.

1. Kiro-Warden—When appointed—I)n-5. Penally 1'or obstruct.!ng him In tils

ration of ofllee.                             1 duties.

2. Duties of Fire-Warden. id. Compensation for services. 8. Ills Authority defined. 7‘ Certain practices forbidden. 4. Complaints to he made to him of 8,. Penalty for Injuring Pi re Apparatus, property In danger of lire by nogll-I). Further duties of P'lre-Warden. gonce of others. ‘ 10. Ordinances repealed.

Be it ordained by the Mayor and Council of the City of Park­

ersburg :

§1. That at their first meeting after their olcction, they shall appoint a Fire-Warden, whoso term of offtoo shall continue un­ til his successor is appointed in It is stead ; unless determined by death, removal from ofii.ee, or other cause.

§2. It shall be the duty of the Fire-Warden of the said city, in the Months of April and September, and tit intermediate times, as ho may doom necessary, in every year, to examine the stoves, stove-pipes, fire-places, fines and chimneys, in each and every house within the limits of said city, and see that the use of fire therein shall bo perfectly secure and safe.

§ 3. And if, upon examination, the said Warden shall deem any stove,stove-pipe, fire-place,flue, chimney, tenement house or other building, insecure, or dangerous from any cause, he is hereby authori/.od and empowered to issue an order in writing, and cause a copy of the same to bo served by the proper officer of the city, upon the agent, owner or occupier of the premises; the officer shall return said order to the Recorder, who shall file the same in his offico ; and for serving said copy, the officer shall bo entitled to the fees as in other cases, recoverable off the parties so notified. Said order shall state what alterations and repairs arc required to render the same safe and secure, and in each easo shall specify a reasonable time, within which, said alterations and repairs shall bo made, and if any person or persons, to whom a copy of said order shall have been delivered, shall fail to cause such alterations within the time designated, he, she or

P

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Fire Warden, duties, die.                185 they shall forfeit and pay to the said city, a fine of not less than five or more than ten dollars for everyday he, she or they shall fail to obc} r said order, over and above the time limited. (Form of Order, No. 27.)

if 4. If any citizen shall deem his property in danger of fire by negligence or carelessness of others, he shall make complaint to the City Warden, or if he bo absent from any cause, the party may complain to the Supervisor of his or her Ward, or one of the Council, who shall immediately make duo examination of the premises complained of, and if, in his opinion, there is dan­ ger of fire, lie shall at once proceed as provided for the City Warden in section third—lvis duty and authority being the same in all respects. (Same If arm.)

§5. If any person shall, in any manner, hinder or obstruct the said Fire-Warden, or Supervisor of any ward of this city, in discharge of the duties imposed on them by this ordinance, he or she, for ever}* such offonso, shall forfeit and pay to the city a fine of not less than five nor more than ten dollars. (Form 4*0) § (5. The. Fire-Warden shall receive for his services only such compensation as the Council may from time to time allow. ^7. It shall not be lawful for any person to project a stove­ pipe through any wooden partition or roof of his or her house, without said pipe being surrounded with brick, stone, iron or pottery, so that tho pipos shall not be within four inches of any wood or other combustible material; and all flues resting on the floor or joists, shall be built on a stono or iron plate, suspen­ ded between the joists, so as to receive tho plastering or finish below ; that there shall not bo less than four inches of brick or stone between the joists and flue-hole. Any person who shall violato this ordinance, shall forfeit and pay to tho city a fine of not less than five nor more than twenty dollars. (Form No. 3 or 5, Warrant No. (1.)

§8. If any person shall willfully injure, deface or conceal any part of the fire apparatus in said city, or belonging to any fire company thcrin, he or she shall forfeit and pay to the city, in addition to tho actual damage done, a fine of not loss than fifty nor more than five hundrod dollars. (Form of Complaint No. 4, Warrant No. (i.)

# 9. It shall bo tho further duty of tho City Warden, if possi­ ble, to be present at all fires, and superintend the extinguish-

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136              To Regulate Gauging .

merit of the same. It shall bo the duty of the officers highest in command, of all fire-companies, to consult with said Warden, and, if objected to by him, it shall not be lawful for any of said companies to move, dofaco or destroy any fencing, building or other property; but in the absence of said Warden, the decision shall be with said officers highest in command. This shall not be construed that the Warden shall, in any way, interfere with the organization, rules and regulations of said companies, but it shall bo the duty of said Warden to make such suggestions to the Council, from time to time, in relation to the fire department of this city, as to him may seem proper and expedient.

1 10. This ordinance shall bo in force from and after its pass- sago, and all laws and ordinances in conflict with this ordinance are horoby repealed.

CHAPTER IX.

AN ORDINANCE.

To Regulate Guaging m Ike City.

Passed June 5,1808.

Be it ordained by the Mayor and Council of the City of Parkers­

burg :

§1. That it shall not bo lawful for any porson other than tho City (lunger, to do any Gauging or Measuring of oil, oil barrels, or other articles or things, for hire or compensation, within the corporate limits of said city, under a penalty of not less than one nor more than twenty dollars for every offense, to be recovered before the Recorder, as other fines are now recoverable. [Form of Complaint, NoA. Warrant, No. 0.]

\ 2. This ordinance shall bo in forco from and after its passage.

CHAPTER X.

AN ORDINANCE.

To 'prevent Policemen from imposition by false calls.

Passed February 20,1873.

Be it ordained by tho Mayor and City Council of tho city of

Parkersburg:

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Establishing Police , (&C,                  1.37

That hereafter it shall not be lawful for any person other than a policeman of said city to make any sound, whistle, or noise, within the corporate limits of said city, in imitation of the sound known among omen as the “call whistle ,” wilfully and with intent thereby to deceive any policeman of the city into the belief or supposition that the same is made by somo other policeman. If any person offend herein, such person shall for­ feit and pay to the city the sum of throe dollars for each and ev­ ery offense, to be recovered as other fines and penalties. Form of Complaint No. 4. Warrant No. (J.J

AN ORDINANCE.

To establish and Regulate the Police of the City of Park­

ersburg.

Passed August 20,1871!

S k c .

]. Council may appoint Policeman—

Not more than ten.

2. Duties of Policemen.

•t. Required to take the oath of olllee. ■I. Mcri'cuut to he head of Police.

5. City to be divided Into Police Dis­

tricts.

0. Sergeant to make proper regula­

tions for relief of Police.

7. Sergeant and Mayor to Ux upon a

uniform for Police.

8. of the duties of Police force. !». Police not to receive any gratuity.

It). Sergeant With Mayor to make reg­

ulations for the Police In cases of lire, or riot.

S e c .

11.      Sergeant, may suspend a member of

the Police, and Mayor may dismiss Much at any time.

12.      Mayor may commission special Po­

lice when necessary.

18.     Persons other than Policemen not

to wear the uniform, nor other badge of Policemen.

II.    Policemen not to ho employed to

attend any theatre.

15.    Policemen forbidden from frequent­

ing bar-rooms, and other plitces.

1U.    Policemen must have attained the

age of 21 years.

17.    Ordinances, and parts of ordinan­

ces repealed.

Bo it ordainod by the Mayor and Council of the City of Parkers­ burg:

§1. That the Council shall appoint at such times as it shall deem proper, policemen for said city, to consist of not more than ton persons, to hold their offices during the pleasure of tho Coun­ cil.

$2. That it shall bo the duty of said policemen to keep watch in and about the city of Parkersburg, by day and by night as hereby providod, and ns may be directed by the rules and regu­ lations hereby authorized to be made by tho Sergeant, to pre­ serve tho peace, to arrest and carry before tho Recorder or somo Justice of tho Peace, to bo dealt with according to law, all per­ sons guilty of a preach thereof, or of any by-law, regulation, or or*

-----------------------------------------------------Page 146-----------------------------------------------------

138               Establishing Police , &c.

dinanco of tho said city or the laws of the State; to aid and as­ sist the Sergeant in the execution of all process to him directed, when by him or the Recorder so required, or to execute the same when he is not present, and to execute general police pow­ ers within said city.

3. That before entering upon the duties of their said office, every person so appointed as a policeman as aforesaid, shall take an oath before any person authorized to administer oaths, that he will faithfully, and to the best of his skill and ability, discharge tho duties of his said office, a certificate of which oath shall be returned by the officer administering the same to the Clerk of tho Council and filed.

$4. That the Sergeant shall be the head of the police, and have entire control of it and its members, and of all persons employed in it at any time, subject to the authority of tho Mayor; and he shall with the approval of the Mayor, make rules and regulations for the government of tho police, not inconsistent with the city ordinances ; and ho shall report to the Mayor immediately there­ after any neglect of duty or irregular or improper conduct on tho part of any policeman, and the names of any member or members of the police that he may have suspended lor any cause, and the reason for such suspension ; and the Mayor, at the next regular or special meeting, shall present the said report to the Council.

§5. That the city shall be divided into police districts, of which the Recorder’s office shall be the Station House; and the limits of said districts shall bo established by the Sergeant, with the authority and concurrence of the Mayor; and he also with such authority, and concurrence, shall divide them into beats and assign a policeman to the beats so established as lie may think necessity requires, and the policeman assigned to any beat so established, shall remain within its limits, and patrol within the bounds of the same during the time he is required to do duty therein, except when it is actually necessary for him to leave it in discharge of his duty as a police officer, or is ordered to do so by the Sergeant, and the Sergeant with the like authority and concurrence shall have the power to alter the limits of the dis­ tricts and beats.

$ G. The Sergeant shall make such regulations, I j j ' a proper system of relief (other than dividing the police into two portions

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Establishing Police, Sc.               139

one for day and one for night) that at all times during the day Avatches, one third of the police force shall be on duty, and at all times during the night Avatches, two thirds of the police force, shall be on duty.                                             • $7. That the Sergeant Avilh the concurrence of the Mayor, shall fix upon a uniform to be Avorn by head of police and the members of the force, each of Avhom shall procure such uniform as shall be assigned to his grade, at his own expense, and shall always Avoar the same with his proper badge and number when on duty. That the Sergeant shall furnish each member of the police force, at the oxponso of the city, with a metal badge, of such design as may be directed by him, with the concurrence of the Mayor, Avhich shall be Avorn on the outside of the left breast of the coat, in such manner and place, as that it cannot be ob­ scured by any portion of the raiment, and said Sergeant, shall, at a like expense, furnish each member with a glazed black lea­ ther belt, of such pattern as ho may designate, to bo worn around the Avaisto outside of the coat; and every police officer, except the Sergeant, shall bo armed ordinarily with a baton, not less than 22 inches long, and one and three quarter inches thick, at the expense of the city, and in cases of great emergencies, Av.ith revolvers and other suitable Aveapons, at their own expense. Each person shall give his receipt for such portions of his uni­ form as ho may receive, which shall remain the property of the city. And Avhenover a substitute is placed on duty, he shall likewise Avoar the badge and bolt herein described.

$8. That the duties of the several members of the police force arc not limited to any definite number of hours of service named in the rules and regulations Avhich may be made by the Sergeant or named in any future ordinances or regulations; but the Mayor or Sergeant shall have ppAver at anytime to Call out tho whole police, and in any emergency may direct the Avhole police force or any part thereof, to any part of the city, they or either of them may deem proper; and the Sergeant may at any time re­ quire the services and attendance of any one under bis command and it is hereby enjoined as a positive duty, that every member of the police, whether during his hours of service or not, a v ho shall witness a breach of the peace, or crime, or any meas­ ure tending thereto, shall do his utmost to suppress the same,

and also arrest the offender Avhcro the I u a v requires it.

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140            Establishing Police , ct'C.

§9. That no member of the police force either directly or in­ directly shall receive any gratuity whatever, from any person whatever; Provided, however, that it shall bo lawful for any member of the police foreo to receive any reward which maybe advertised for the apprehension of criminals; or which may be offered by the Executive of the State or by the municipal author­

ities of the city.

§ 10. That the Sergeant shall, with the approval of the Mayor

make regulations for the police in case of fires and riots.

£ 11. That the Sergeant may at any time, suspend without pay, any member whatever, of the police force (subject to rever­ sal by the Mayor) and the Mayor may at any time absolutely dismiss any member of the police whatever; and in ease of dis­ mission shall make report thereof to the next special or regular meeting of the Council, accompanied by his statement of the cause of such dismission.

S 12. That the Mayor shall have power and authority to call out and commission any number of special police officers, when be shall deem it necessary to protect the peace of the city, and to arm them if he shall think proper ; and the said special police officers shall bo retained no longer than shall be necessary for the protection of the peace on the occasion, and shall be subject to the orders of the Sergeant and such officers as ho with the ap­ proval of the Mayor,shall place over them; and they shall be paid for their services, one dollar and fifty cents a day.

$ 13. That if any person, except a member of the police, and except, also a substitute who shall be discharging the duties of a police officer, shall publicly wear an) - such uniform, badge, or dis­ tinguishing number of* mark as may be worn by a member of the police, he shall forfeit the same and pay for such offence not less than one dollar or more than twenty dollars.

$ 14. That it shall not bo lawful for any police officer to be employed to attend at any theatre or other place of public, amusement or entertainment, unless he is specially instructed so to do by the Mayor or Sergeant.

£15. That if any momber of the police shall bo found to fre­ quent any of the public houses or bar rooms, where spirituous or malt liquors are vended, except in his official capacity ; and if it shall bo ascertained that any of them arc in the habit of usipg intoxicating drinks to excess, or shall visit a houso of ill-fame

-----------------------------------------------------Page 149-----------------------------------------------------

Inflamable /Substances.                  141

otherwise than in the discharge of their duty; the samo shall bo sufficient cause for the immediate dismissal of such offending member.

§16. That no person shall bo appointed to any of tho offices created by this ordinance, who has not attained the age of twen­ ty-one years.

§ 17. All ordinances or parts of ordinances in conflict with this ordinance or coming within tho purviow of tho same are hereby repealed, and this ordinance to bo in full force from and after its passage.

TITLE No. 12.

I’owder, Oil, Inflamable and explosive

substances.

C h a p . 1. Forbidding tho keeping or storage of Powder within

corporate limits.

C h a p . 2.   To regulate the hauling of Powder.

C h a p . 3.   Prohibiting tho keeping or storing of Nitro-Glycerine,

Fulminating Powder, &c.

CHAPTER I.

AN ORDINANCE

Forbidding the keeping or storing of Powder within the

corporate limits.

P a s s e d J u l y 17,1852.

2 SJeigeunt’s duty when complaint | same.

Be it ordained ,by tho President, Recorder and Trustocs of tho

Town of Parkersburg :

§1. That no merchant or other person shall keep or storo

more than fifty pounds of gun, rock or other oxplosivo powder in any ono place or building within the limits of the town,under

l

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142             Injiamable Substances.

penalty of twenty dollars for every twenty four hours such quantity of powder remains within the town.

§2. Upon the complaint of one or more citizons, that powder in larger quantity than fifty pounds is deposited in any one placo, or building within the town, it shall be the duty of the Sergeant to notify the owner or claimant of such complaint to demand the prompt removal of the powder beyond the town limits, and, in ease of neglect or refusal to comply with such de­ mand forthwith, the Sergeant shall at once eauso said powder to be removed, at tho cost of said owner or claimant.

'The following forms may hr adapted to eases of violations of the

foregoing ordinance. —[En.]

FORM OF COMPLAINT.

A. B. a citizen of Parkorsburg upon onth complains and says, that C. 1)., as ho is informed and verily believes, line powder in larger quantity than fifty pounds deposited in (here describe the place or building,) within tho city of Parkersburg.

Sworn to boforo the undersigned authority by A. B., this ....................... day

of .......................... 187...

................................................ Justice.

FORM OF NOTICE TO OWNER OR CLAIMANT, AND DEMAND

FOR REMOVAL.

To C. D.

Sir, A. B., a citizen of Parkorsburg has this day mado complaint to mo that you have powder in larger quantity than fifty pounds deposited in (here specif;/ the place same as described in the complaint,) within tho city of Parkersburg. You are hereby notified that I demand the prompt removal of said powder beyond the limits of tho city, and in case of your neglect or refusal to comply with this demand forthwith, I shall at once causo tho same to bo removed at your cost.

Parkersburg .................................. 18... ............................................... Sergeant.

CHAPTER II.

AN ORDINANCE

To regulate the hauling of ‘powder .

P a s s e d F e b r u a r y 27, 1808.

Be it ordained by tho Mayor and Council of the City of Parkers­

burg:

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Inflamable Substances.                   143

§ 1. That, it shall not be lawful for any person to transport within the limits of this city, on any dray, cart, or other vehicle, or to leave exposed on any wharf, street, alley, sidewalk, or platform in this city, one or more kegs of powder unless the same be covered with close canvass on all sides, firmly strapped down. §2. Any person or persons violating this ordinance shall bo

fined not less than five nor more than twenty dollars.

§ 3. This ordinance shall take effect from and after its passage.

CHAPTER TIT.

AN ORDINANCE

Prohibiting the carrying, keeping or storing of explosive ,

inflamable and dangerous substances.

PARS KB M Alton 25, 1878.

13o it ordained by the Mayor and Council of the City of Parkers­

burg :

$ 1. It shall bo Unlawful for any person to keep or store, with­ in the limits of said city, or to convey or transfer within the same, any nitro-glycerinc, fulminating powder, or any substance of similar dangerous character, by whatever name called.

§2. It shall not bo lawful for any person to keep or store within the limits of said city, any highly inflamable, explo­ sive or dangerous substances, such as Benzine, Naptha, whether pure or compounded with other things, or any volatile liquids possessing similar dangerous and inflamable qualities, by what­ ever name the same may be called, without first, applying to the City Council for the permission to do so and obtaining therefrom a written permission to keep and store, the same, under such re­ strictions and in such quantities only, as shall bo therein speci­ fied. Upon such application being made the Council shall ap­ point a committoe to inspect the premises whore the same is proposed to bo kept or stored, who shall make report and recom­ mendation to the Council.

If such permission be granted, the clerk of the Council shall furnish a written statement to the party applying, of the action of the Council in the premises, setting forth the quantity of such

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144                Inflamable /Substances.

substance that may bo kopt or stored, and the restrictions by the council imposed, and shall retain a copy of such statement. §3. On complaint of one or more citizens that any such substan­ ces as are mentioned in the two foregoing sections are deposited or kept in any placo or building in said city', it shall be the duty of the Sergeant or any policeman to notify tho owner .or keeper thereof to forthwith remove tho same outside tho city limits, and upon the failure or refusal of such person to comply with such demand immediately, tho Sergeant or any policeman shall forth­ with remove such substance outside tho city, at tho cost of owner or claimant thereof, which costs may bo recovered by action be­ fore the Recorder.

§4. Any person violating any provisions of this ordinance, shall be liable to a fine of not loss than fivo, nor more than twenty dollars for each offence.

^ 5. This ordinance is not to apply to persons or families keep­ ing small quantities of inflamablo fluids for domestic use, in their dwolling houses or places of businoss ; nor is it to effect tho pro­ visions of an ordinance passed July 17, 1852, entitled, “an ordi­ nance forbidding tho keeping or storing of powder within the corporate limits.”

4$ 6. Tho ordinance entitled, “an ordinance prohibiting tho keeping or storing of nitro-glycorino or fulminating powder or other equally explosive or dangerous substanco or material,” passed May 31st, 1870, is heroby ropcaled.

This ordinance shall be in force from and after its’passage.

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Licenses.                        145

TITLE Ho. 13.

LICENSES.

C h a p . 1.   Liconco roquired for any person to keep for hiro any

hack, cart, wagon, dray or other wheeled carriage. C h a p . 2. .Respecting the collection of lioonses. C h a p . 3. Ordinance “in rogard’’ to licenses.

CHAPTER I.

AN ORDINANCE

For the Registration and Taxation of Hacks, Carts,

Wagons, Drays and other wheeled carriages in the

Town of Parkersburg .

I’ASSKI) APIUI. 10, 18T>7.

j,

11 con so obtained therefor.

2 Vehicles kept for hire to ho roKls- it

tered. 7 if lloiul to he Klveu and tax lobe paid. 8 1 Penalty of bond. Korin of condition

of bond, Liability.

Healstry mtinber to be alllxed to ve­ hicle.

Tax on license.

Livery Stables not Included.

License for part of a year.

.Be it ordained by the President. Recorder and Trustees of tho

Town of Parkersburg :

21. That it shall not hereafter be lawful for any person to kocp or let for hire, within the town, any hack,cart,wagon,dray or other wheel carriage, without having first caused the same to be regis­ tered and obtained a licenso therefor, in tho manner hereinafter provided ; and if any person offend heroin he or sho shall forfeit and pay to the town the sum of three dollars fbr each and every lime such hack, cart, wagon, dray or other wheel carriage is let for hiro. (Form of complaint No. 4, warrant No. 5.)

(12. On or before tho first day of the April County Court, an­ nually, hcroaftor, every, owner or keeper of any hack, cart, wagon, dray or other wheel carriage kept in said town for hire, shall register tho same with tho Clerk of tho town, and pay into the treasury thoreof tho tax hereinafter imposed.

j}3. On tho execution of the bond hereinafter required and tho payment of the tax hereinafter imposed, the clerk of the town

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146                    Licenses.

shall issue his license lo the said owner or keeper of every such wheel carriage kept for hire, specifying therein the registry number of such wheel carriage and (ho amount of tax paid thereon, and shall make a record thereof in a book called “The .Record of Licences.” For issuing and recording said li­ cences 'and for furnishing the bond above mentioned, the said clerk shall bo entitled to a fee of fifty cents, which license shall expire at the .April court next ensuing.

\ 4. Before granting of any license to any keeper or any ow­ ner of any such hack, cart, wagon, dray or other wheel carriage, he or she shall enter into bond with one or more good securilies, to bo approved by the President of the council, in the penal sum of one hundred dollars fur each wheel carriage, payable to the town of Parkersburg, and conditioned as follows, to-wit:

“Whereas license has been this day issued to the above bound A. B. to keep for biro in the said town, a certain back, (cart, wagon, dray or other wheel carriage as the case may bo.) Now therefore, if the above bound A, lb, shall diligently and safely carry and deliver all goods, wares or merchandise committed to his (or her) chargo, or to the charge of his (or her) agents, ser­ vants or drivers, to be carried and delivered; and shall further well and truly observe all and singular the ordinance! of said town in such case made and provided, then shall the above obli­ gation he void, else to remain in full force and virtue."

And if (lie owner or keeper of any such hack, cart, wagon, dray or other wheel carriage, licensed as aforesaid, shall fail to carry and deliver safely and diligently, any such goods, wares, and mcrahandise committed to his (or her) charge to he carried, it shall and may he lawful for the owner or owners of any such goods, wares or merchandise, to recover the value thereof by the judgment of the Recorder of the said town, by suit on the said bond in the name of the town of Parkersburg, against said ow­ ner or keeper of any such hack, cart, wagon, dray or other wheel carriage, and his (or her) security or securities,

§ 5. It shall ho the duty of any owner or keeper of any such hack, cart, wagon, dray or other wheel carriage, liconscd as afbro-monti.oned to cause the registry number thereof to ho pain­ ted with dark figures o.n a light ground on a conspicuous parfcpf every such hack, cart, wagon, dray or other whcwl.piT.iage, and.

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Licenses.                         147

ho (or sho) shall forfeit and pay to the town tho sum of ono dol­ lar for each and every day’s failure so to do.

^5 f». On every license issued under this ordinance there shall

be paid as a tax, the sum of live dollars.

$7. Licensed livery stables not engaged in draying and cart­ ing within tho town are not included within this ordinance. $8. Any person desiring to obtain a license to keep such cart, hack, dray or other wheel carriage after tho April court, may apply for tho same in tho manner herein provided, and obtain the same for tho residue of tho year.

CHAPTER II

AN ORDINANCE

Respecting the collecting of licenses.

P a s s e d ,J i ; t , y 24, 1857.

S 1 e c .                                           Certain persons required to obtain s Sergqttnls i 'S (Inly e c . if person fail to pay

corporation license. tax upon licence.

2 Penalty for failure.

Bo it ordained by the Prosidont, Recorder and Trustees of the

Town of Parkersburg:

§1. That it shall be the duty of all persons who have taken out license, from tho Commissioner of tho Revenue of tho coun­ ty of Wood, for tho purpose of carrying on any business, or pur­ suing any trade or calling, in tho limits of the town of Parkers­ burg, to take out a corporation license for the same privilege, and to pay such tax on said license as the Council of the said town may from time to time impose.

$2. That if any person shall fail or refuse to take out such li­ cense as is required by the first section of this ordinance, or shall fail or refuse to pay the amount of tho tax on such license, so imposed as aforesaid, within five days from the time of issuing said license, by the Commissioner of the Revenue, or other prop­ er officer, ho shall be liable to a line of not less than five nor more than twenty dollars, recoverable by warrant before tho Recorder, in like manner as other fines are recoverable, and for every day he or they shall neglect or refuse to pay such assessment

-----------------------------------------------------Page 156-----------------------------------------------------

148                    Licenses.

for said license shall bo deemed a now offence. [ Form, of Com­

plaint, No. 4. Warrant, No. 6.]

§3. That it shall bo the duty of tho Sergeant of the said town, on the failure or refusal of any person to pay the amount of the tax assessed against him, upon his license aforesaid, to distrain the property of such person, or so much thereof as may be nec­ essary to pay the tax, and tho cost of distress, and proceed to make tho amount by sale, as in tho case of an execution, and shall be * tho same loos as for lovyingan execution.

$4. This ordinance shall talco effect from the third Monday of

May, 1857.

CHAPTER III

AN ORDINANCE

In regard to Licenses,

Passed July 17,1 will. Amended April 25, 1871. Additional ordinance passed Feb­

ruary 27,1872.

SBC. 1 . Wlm are wpilrod to take out license I SBC. f>. On

license to exhibit, n circus, men-

■>. To obtain certificate and pay the tax aKcrlo, show.

:i. Amount of tax to be annually levied il. Penalty for failure to pay such taxes, and collected of persons obtalnluK 7. Korueanf may distrain property for license.                                          i such taxes.

I. Taxon license lor theatrical perform-8. When license expires. For fraction

mice, , of a year.

Bo it ordained by tho Mayor and Council of the City of Park­

ersburg :

2 1 It shall be the duty of all persons who aro required by law to take out a State License for the purpose of carrying on any business, or pursuing any trade or calling within tho limits of the city of Parkersburg, and also such other persons as aro hereinafter named, to take out a License from said city, and to pay such tax on said License as is hereinafter provided.

$2. Any person desiring such license, shall obtain from tho Clerk of the city council a certificate of the amount of tax chargeable thereon, for which certificate, or the transfer of any license, tho Clerk shall bo entitled to a fee of fifty cents. Upon the production of such cortificato to the Sergeant, ho shall re­ ceive the tax imposed and grant a receipt therefor on said certif­ icate, which certificate so receipted shall be a sufticientdicenso to the person to whom it was granted, or to tho assignee, provided

-----------------------------------------------------Page 157-----------------------------------------------------

Licenses,                       149

the same has been regularly transferred by the said Clerk by a written endorsement thereon, stating to whom and when trans­ ferred. Provided, howovor, thj.it all applications for licenses to sell intoxicating drinks shall be made to the city council, and if granted, a copy of their order shall be endorsed on tho certifi­ cate, and the applicant shall execute a bond to be prepared by the Clerk, in a penult}' of $500, with one or more securities, to be approved by tho council, conditioned according to the laws of West Virginia, and made payable to said city of Parkersburg, and for each violation of any one of the conditions thoreof, shall pay a fine of not less than one nor more than ton dollars, to be recovered by warrant before the Recorder. The said Clerk shall be entitled to a fee of fifty cents l'or each bond so executed, to bo paid by tho party executing tho same.

§8. There shall bo levied and collected annually of the sev­ eral persons obtaining license, as aforesaid, tho taxes following, to wit:

On every license to keep a hotel or tavern, five per centum per annum, upon the yearly value of the premises occupied for that purpose.

On every license to furnish drinks or refreshments at a pub­

lic theatre, one hundred dollars.

On every license to sell spiritous liquors, wines, &c., at retail,

one hundred dollars.

On every license to sell spiritous liquors, wines, or other in­

toxicating drinks, at wholesale, one hundred dollars.

On every licenso to sell at wholesale and retail, spiritous liq- ours, wines and other intoxicating drinks, one hundred and fifty dollars.

On every licenso to sell at retail, domestic wines, porter, ale,

beer, or drinks of like nature fifty dollars.

On every licenso to keep a bowling alley for public resort or use, one hundred dollars. .But if more than one be kept in one house by the same person, one hundred dollars for the first one, and fifteen dollars for every other one.

On every licenso to keep a billiard table, or table of like kind for public use or resort, one hundred dollars. But if moro than one be kept in one house by tho same person, one hundred dol­ lars for the first ono, and thirty dollars for every other one. On every license to keep a Bagatelle table, or other table of

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150                     Licenses,

like kind, for public use or resort, twenty-five dollars. But if more than ono be kept in one house by the same person, twenty- live dollars for the first one, and*ten dollars for every other one. On every license to act as auctioneer, fifty dollars; and in ad­ dition thereto, one per centum on the gross amount of their sales, to be reported and paid monthly.

On every license to practice the business of a stock or other broker, by buying or selling for others, stocks, securities, or property for a commission or reward, twenty-five dollars. .But the person holding such license shall, while it continues in force, have the right to sell stock, securities, and other property at

public auction, without a State license to act as auctioneer. On every license to practice the business of money broker, or privato banker, by buying or selling uncurrent or depreciated money or funds, or exchanging ono kind of money or funds for another, for profit or reward, one hundred dollars.

On every license to keep or let for hire, any dray, cart, wagon,

hack, or other wheeled carriage, five dollars.

On every license to keep a livery stable, thirty dollars.

On every license to foreign insurance companies, one and a half per centum on the amount of premiums received, but not to exceed the tax of fifty dollars per year.

On every license to any State Insurance company outside of the city, one and one-half per centum on the amount of premi­ ums received, but not to exceed twenty-five dollars for any one year.

On every license to coal dealers, fifty cents on every thousand

bushels sold, to be reported and paid monthly.

On every license to lumber dealers, twenty-five cents per thou­

sand feet sold, to be reported and paid monthly.

On every license to a dealer in prints, pamphlets, periodicals,

and papers, ten dollars.

On every license to a non-resident dentist, twenty-five dollars. On every license to a non-resident Doctor, Surgeon, or Phy­ sician, who docs not produce a diploma from a Medical Oollogo, fifty dollars.

On every license to sell or barter Patent Rights, twenty-five

dollars.

On every 1 icon so to act as Hawker or Peddler, ton dollars - a

year, or one dollar and twenty-live emits per month.

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Licenses,

151

On every license to sell goods by sample, twenty-five dollars, provided, however, that every licenso to sell goods by sample, or to sell or barter Patent .Rights, shall bo either for one year, four months, or two months from the commencement thereof.

If for four months, the tax thereon shall be one-half, and if

for two months, one-third of the annual tax.

$-1. The tax on every license for theatrical performances, shall be twenty dollars for each week, or five dollars for each exhibi­ tion ; provided the tax for any ono week shall not exceed twen­ ty dollars; and provided further that the provisions of this sec­ tion shall not apply to literary, dramatic, or benevolent societies, where they do not givo exhibitions outside of this city.

§5. The tax on every licenso to exhibit a Circus, shall be ten

dollars for each exhibition.

On every licenso to exhibit a Menagerie ton dollars for each exhibition, and on a license to exhibit any other public show, five dollars on each exhibition.

§0. If any person shall fail or rofr.se to take out such license as is required by the first section of this ordinance, or shall fail or refuse to pay the amount of the tax on such license, so im­ posed, as aforesaid, within five, days from the issuing said license by the Assessor, or other proper officer, ho shall be liable to a fine of not less than five, nor more than twenty dollars, recover­ able by warrant before the Recorder, in like manner as other fines are recoverable, and for every day lie or they shall neglect or refuse to pay such assessment for said license shall bo deemed a new offense. [Form of Complaint , No 4. Warrant, No. <i.]

$7. 11 shall bo the duty of the Sergeant of the said city, on the failure or refusal of any person to pay the amount of the tax assessed against him upon his license aforesaid, to distrain the property of such person, or so much thereof as may be nec­ essary to pay tho tax and the cost of distress, and proceed to make the amount by sale, as in the case of an execution, and shall be entitled to the same fees as for levying an execution. §8. All licenses authorized under this ordinance shall ex­ pire on the 30th day of April next after tho commencement Lhyrcof.^.

If,.granted,for a shorter time than whole year; the tax there­ on shall be computed from tho annual tax, in proportion to the

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152                Licenses.

time such license has to run, except as herein otherwise pro­ vided.

$5). This ordinance shall take effect from and after its passage.

ADDITIONAL ORDINANCE.

Paused Fob. 27, 1872.

AN ORDINANCE

To amend and re-enact Section 3, of an ordinance defin­

ing certain Licenses.

Passed February 27,1872,

Bo it ordained by the Mayor and Council of the city of Parkers­

burg :

$1 That Section Third of an ordinance entitled ; ‘An Ordin­ ance defining certain Licenses,” passed July 17, 1809, to sell goods by sample, be amended and re-enacted, so as to read as fol­ lows :

On every license to sell goods by sample, Twenty-five dollars, provided however, that when goods are sold by sample to whole­ sale or retail merchants to bo sold again, no such license shall be required.

But, that every license to sell goods ' to individual families or to sell or barter Patent Rights, shall bo for one j'ear, four months, or two months from the eommoncoment thereof? and the above license to bo twenty-five dollars a year.

TITLE NO. 1£.

BUILDINGS.

C it a p . 1. Erection of frame buildings on a part of Ann Street

prohibited.

C h a p . 2. Same forbidden on part of Court Street, and of the

Public Square.

C h a p . 3. Same forbidden on part of Court Street. ^             A ...-

C h a p ! 4. Prohibiting the erection of wooden buildings within

certain limits of the city.

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Buildingb,                     15.1

CHAPTER I.

AN ORDINANCE

To prohibit the erection of frame buildings on a part of

Ann Street.

Fussed October ‘20, 1805.

’Bo it ordainocl by tho Mayor and Counoil of tho city of

Parkersburg:

$ 1. That, berorouftcr, no building, or any addition to any building, more than ton foot high, unless tho outer walls thoroof bo made of brick and mortar, or stone and mortar, shall bo erected on or within one hundred feet of so much of Ann street in tho said city, as is included within the square bounded by Neal streot, A nn street, Court street and Ohio street. Any per­ son violating this ordinance shall forfeit and pay to the said city, a fine of not less than ten nor more than twenty dollars, and it shall be the duty of tho Sergeant of tho city to cause tho ■same to be immediately removed, at tho expense of tho owner. (Form of Complaint No. 4, Warrant No. G, Notice to remove, No 2, Warrant to recover expense, No. 26.)

2. This ordinance shall be in force from its passage.

CHAPTER II.

AN ORDINANCE

To prohibit the erection of Frame Buildings on a part of

Court street, and a part of Public Square,

Passed Novomber 17,1805.

Be it ordained by the Mayor and Council of tho City of Park­

ersburg :

1. That, hereafter no building, or any addition to any build­ ing, more than ten foot high, unless tho outer walls thereof, bo made of brick and mortar, or stone and mortar, shall bo erected on oi'iwilhiijwjiiR hundred feet of so much of Ann street in said city,as is included within the square bounded by Ann street, Har­ riet street, Market streot, Court street, and the Public Square.—

12

-----------------------------------------------------Page 162-----------------------------------------------------

154                   Building's.

Any person violating this ordinance shall forfeit and pay to tho city a fine of not loss than ton or more than twenty dollars, and it shall bo tho duty of tho Sergeant of tho City to cause tho same to bo removed immediately, at tho expense of tho owner. (Same forms as in preceding Chapter.)

§2. This ordinance shall bo in force from its passage.

CHAPTER III.

AN ORDINANCE

To 'prohibit the erection of Frame Buildings on a part

of Court street

Passed December 1,

Be it ordained by the Mayor and Council of the City of Park­

ersburg :

§ 1. That, hereafter no building, or any addition to any build­ ing, more than ton feet high, unless the outer walls thereof bo made of brick and mortar, or stono and mortar, shall bo erected on the square bounded by Court street, Ann street, Harriet street, and Julia-Ann streot. Any person violating this ordinance shall forfeit and pay to tho city' a fino of not less than ten or more than twenty dollars, and it shall bo tho duty of tho Sergeant of the city to cause tho same to bo removed immediately, at the ex­ pense of the owner. (Same forms as in Chap. 1,) §2. This ordinance shall bo in force from its passage.

CHAPTER IV.

AN ORDINANCE

Prohibiting the erection of Wooden Buildings within cer­

tain limits of the City of ! arkersburg .

Passed April 22, 1878.

8180. Not                                               lawful, within certain limits, toU. Persons ISBO. aiding in llic construction

erect wooden buildings. I of such building liable.

2. Bald limits defined. f>. Who to prosecute ollenders. 8. Penalty for the violation of tills or-II. Commencement.

dimince.

Be it ordained by tho Mayor and Council of the City of Park­

ersburg :

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Buildings.                    155

§1. That it shall bo hereafter unlawful for any person within the limits of tho territory hereinafter designated,in the said city, to erect, or cause to bo erected, or in any manner to aid in tho erection of any building, or any addition to any building here­ tofore erected, more than ton feet, high, unless tho outer walls thereof be composed of brick or stone,or of some equally incom­ bustible material.

§2. This ordinanco shall apply to tho territory designated as follows : Beginning at a point 170 foot south-east of the south­ west corner of Market and Washington streets, and running thence parallel with Market street, south-west to a point 170 foot south-west of Kanawha street; thence north-west, parallel with Kanawha street, to a point 170 feet north-west of Ann street; thence north-east, parallel with Ann street, to .Littleton street; thence south-east, with Littleton street, to a point 170 feet north-west of Julia-Ann street; thence north-west, parallel with Julia-Ann street, to Washington street, and thcnco south­ west with Washington street to the plaeo of beginning.

2 ,‘h That, any person who shall eroet, or cause to bo erected, any building, or additition to any building, contrary to tho pro­ visions of this ordinance, shall forfeit and pay for every such of­ fense, the sum often dollars; and he shall, moreover, forfeit and pay tho sum of ten dollars for each and every day that ho shall suffer such building, or addition aforesaid, to remain without re­ moving the same beyond tho limits described in the second sec­ tion of this ordinanco. {Same forms as in Chap. 1)

§ 4. That every workman, laborer, or othor person who shall in any manner assist or contribute to the erection of such build­ ing, or addition, as aforesaid, shall forfeit and pay the sum of five dollars for each and every day that he shall be so employed.— (Form of Complaint. No. 4; Warrant , No. 0.)

$5. That, so soon as it shall bo made known to tho Mayor, Recorder or Couneilmen, or to either of them, that any building is erected contrary to the provisions of this ordinance, it shall bo the duty of them, and each of them forthwith, to prosecute the offenders, and to sue for and recover tho penalties from day to day, as the same shall be incurred.

$ 6;. This, ordinance shall commence and be in force from and

after the. passage.thereof.

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156                Ordinaries,

TITLE Mo. 15:

ORDINARIES AND PLACES OF PUBLIC PESO JIT.

CHAPTER I.

SBC. IjpJ.                             ,, l. (lamed of clinnco forbidden alonil-:!.- Sale of iutoxicallng driiilCM on Sab-

mules. Penally. | bulilfcaay forbidden.

■2. Jlrunkenness, rioting, lowdncss, * <•.,] !. Sale ofurdeni spirits to apprentice

forbidden atany ordinary,or place oil or ininor forbidden, public resort or amusement.

AN ORDINANCE

In relation to ordinaries and-places of public resort.

Passed October 8,1858.

I3o it ordained by tho President, Recorder, and Trustees of tlio

Town of Parkersburg :

§1. That, if any person kooping an ordinary in this town, shall suffer any game of chance or skill, whatever, (except such games as aro allowed by tho Acts of Assembly, in Bitch cases mado and provided,) to bo played at tho same, or the premises apurtenant thereto, he or she shall, lor every such offense, forfeit and pay to the town not less than five uore than twenty dollars (Fern of complaint, No. 4, Warrant No. 6.)

$ 2. If any person, keeping an ordinary or place of publit re­ sort or amusement, in this town, shall suffer any rioting or drunkeness, or any public lewdness or drunkenness, or any pub­ lic lowdncss or obscenity, or any conduct which disturbs the peace or quiet of the neighborhood, at such house or place, or the promises apurtenant thereto, lie or she shall, for every such offense, forfeit and pay to the town not less than five nor more than ten dollars. (Same Forms.)

§ 3. It shall not bo lawful for tho keeper of any ordinary with­ in this town, to sell, or permit to be sold at said ordinary, or within the curtilage attached thereto, any intoxicating drink to any person who shall be a citizen or resident of the town, on tho Sabbath day, and every person offending against the provisions of this ordinance, shall, for every such offense, forfeit and pay to tho town a fine of not less than one nor more than ten dol­ lars; and when said offense shall be committed by tjpy.purport in the service, or employment of any keeper of an ordinary, or up-

-----------------------------------------------------Page 165-----------------------------------------------------

City Council , time of meeting , c&c. 157

on the promises occupied by him, or her, said koopor shall bo hold subject to the penalty hereinbefore imposed. ( Samefor/ns.) §4. If any person in this town shall furnish any ardent spir­ its, wine, porter or intoxicating liquor to any apprentice, or to any person under the ago of twenty-ono years, after being for­ bidden so to do by the master, guardian or parents of such ap­ prentice or minor, or by any person having the care or legal control of the same, he or she, so offending,shall forfeit and pay to the town the sum of not less than fivo nor more than twenty dollars for every such offense. [Same Forms.']

§5. This ordinance shall be in force from and after the date of

its passage.

TITLE No. 16.

CITY COUNCIL.

AN ORDINANCE.

Prescribing ike Time and Place of Meeting of the City

Council.

Bo it ordained by the President .Recorder and Trustees of the

Town of Parkersburg;

§1. That in future the stated mootings of the Council shall bo held on the second and fourth Wednesdays in each month at their office, and that the hour of meeting shall bo at 6^ o’clock, P. M., in the months of January, Fobruary,March, October, No­ vember, and Decombor, and at 7£ o’clock, P. M., during the re­ mainder of the year.

§2. All ordinances or parts of ordinances coming within the

purview of this ordinance are hereby repealed.

AN ORDINANCE.

Prescribing the Mode of Calling /Special Meetings of the

Council..

Passed .J uno 5,1808.

Be it ordained by the Mayor and Council of the City of Parkers­

burg:

-----------------------------------------------------Page 166-----------------------------------------------------

158               Recovery of Fines.

§li That tho erity to call Special Meotings of the Coun­ cil shall bo vested in tho Mayor or any four members of the Council.

§2. This ordinance shall bo in force from and after its pass­ age; and all ordinances or parts of ordinances conflicting here­ with, are hereby repealed.

TITLE No. 17.

FINES.

AN ORDINANCE.

Rroviding for the Recovery of Fines .

Passed March 0,1S('8.

Be it ordained by the Mayor and Council of the City of Park­

ersburg :

i$J. That whenever tho Recorder shall impose a fine upon any person for a violation of any ordinance of said city, and said person shall make default in the payment of such fine and the legal costs taxed therewith, or of any part of such fine and costs, and for such default shall bo imprisoned, it shall be lawful for the Recorder to require such person to work at hard labor upon any public improvement of said city during tho term of such imprisonment, or until the amount of said fine and costs is fully paid off and discharged. Provided, That no such person shall bo required to labor as aforesaid moro than thirty days for any ono offonso.

§2 During tho term such porson shall bo roquirod to labor as aforesaid, there shall bo allowed to him at tho rate of seventy- livo cents por diem, to bo ontored as a credit on tho fine and costs assessed against him as aforesaid; and whenever the aggre­ gate amount of such credits shall equal tho full amount of said lino and costs, then such person shall bo discharged.

§3. It shall bo lawful for, and tho duty of the Sergeant to se­ lect and appoint ono or moro deputies, as necessity may require, who shall supervise, control, and direct all persons ,sentence!^ to hard labor as aforesaid, and so fottor them as best to secure their

-----------------------------------------------------Page 167-----------------------------------------------------

City Pound.                     159

safety. But said deputies shall bo at all times under the control of the Sergeant, and bo removable at his ploasuro.

$4. This ordinance shall bo in forco from and after its passage.

TITLE JVo IS.

CITY POUND.

CHAPTER I.

AN ORDINANCE.

In Relation to the City Pound.

Passed Mftroh 5, 1800.

H Ee.                                          |H k c .

1. City Pound authorized—Its pur- animals.

pose. (5. Penalty for unauthorized person

'l. Policemen to bo keepers of thej entering pound, or taking     there-

Pound. from animals Impounded therein.

8, Notice to be posted of animals 1m |tl. Ordinances repealed—Commence-

)>ounded. ment.

I. Allowance for keeping impounded|

Bo it ordained by the Mayor and Council of tho City of Park­

ersburg :

§1. That there shall be established within the limits of tho city, a City Pound, in which all hogs and other animals forbid­ den to run at largo in the streets and alloys of tho City shall bo impounded.

$2. Tho keopers of the Pound shall bo tho Policemen of tho city. It shall be their duty to seize all hogs and all other ani­ mals forbidden to run at largo in tho city, and to eonfino them in tho Pound.

§3. ‘When any such animals are impounded, tho Sergeant shall give written or printed notico thereof to tho owner of thorn, if known, and shall also post the sumo on or noar tho front door of tho Court House in said city, and if tho animals so im­ pounded are not redeemed within ton days thereafter, th.oy shall be sold by tho Sergeant at tho Pound, to tho highest cash'bidder The proceeds of such sale, after deducting all expenses, shall bo paid over to the city,

§4. The keepers of tho Pound shall be allowed ono dollar for

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160                        Dogs,

each animal impounded by thorn, and ton cents per day oacli for keeping the same, to bo paid thorn by the Sergeant when the same are redeemed by the owners thereof, or to bo deducted from the proceeds of the sale thereof.

§5. Any unauthorized person entering the pound and taking therefrom any animats impounded therein, or disturbing any property therein, shall forfeit and pay to the city a fine of not less than five nor more than thirty dollars for ovory such offense, to be recovered as other fines aro recoverable.

§6. All ordinances and parts of ordinances conflicting with

this ordinance aro hereby repealed.

This ordinance shall bo in force from and after its passage.

FO RM of Notice required by the third section.

Notico is hereby given that the following described animal is [or animals are] impounded in the City Pound, viz, [here describe the animals.] If said animals aro not redeemed within ten days from this date, they will he sold at the Pound, to the highest cash bidder, on tho---------day of----- , between the

TITLE JVb. 19.

DOGS.

CHAPTER I.

AN ORDINANCE

In relation to Dogs.

P a s b k d Arrau 10, 1867.

S b c . IS k o .

1 Annual tax to be paid on dogs. (i Dogs to lie muzzled during certain 2 Assessor to report annually tin- months, under penalty, names of persons who own or keeps 7 Registration of dog.

dogs. j8 What done If any case of hydropho-

.1 Penalty for making untrue report to Ida appears.

Assessor. !) Allowance to Sergeant for killing

■l Tax imposed on dogs in be collected.I dog.

6 All dogs to have on their neck a col-j 1(1 Ordinance repealed,

hir bearing owners name.

I3o it ordained by tho President, Recorder and Trustees of the

Town of Parkersburg:

§,1. That an annual tax of on© dollar on every male, and five dollars on ovory female, shall be paid for overvjj animal of the,

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Dogs.                       161

dog kind, which shall bo owned or kept in tho town of Parkers­ burg, to be paid by tho person who shall own or keep such ani­ mal ; Provided, that if any person owns or harbors more than one dog, they shall pay for the second animal, so owned or har­ bored, two dollars ; for tho third, three dollars; and for ovory additional one, live dollars for each.

\'l. It shall be the duty of tho Assessors of the value of real es tale in said town, annually to take and return to tho Council at tho time they report their annual assessment, an accurate list of tho names of all persons who own or keep in said town, any animal of tho dog kind, showing tho numbor of such animals ovvnod or kept by each person j^and also whether the same be male or fe­ male; and it shall be tho duty of the Clerk of the Council to de­ liver to the Sergeant of the town a list of tho names of tho per­ sons so returned by tho Assessors as owners of dogs.

S 3. If any person, when required by the said Assessors to stato the number of animals of tho dog kind owned or kept by him or her, and whether the samo bo male or female, shall not truly re­ port tho samo, ho or she, so offending, shall forfeit and pay for every such offense tho sum of not less than five dollars. (Form of complaint .No. 4, warrant No. 6.)

$4. It shall be the duty of the collector of taxes assessed on real estate, for the benefit of said town, to collect tho taxes which aro or shall bo imposod upon dogs in said town, and to account for and pay over tho samo as other rovoniio ; and ho shall rccoivo for making such collections the same commissions as shall be al­ lowed for the collection of the taxeson real cslatoand titheablos. $ 5 5. All dogs kept within tho corporate limits of tho City of Parkersburg, shall have at all times around their necks a leather or metalic collar with a seal or medal attached thereto to be pro­ vided by the Council, and during the months of May, Juno, July, August and .September, if deemed necessary by tho Hoard of Health, shall be at all times safely and securely muzzled; and if any dog bo found running at large in said city at any Limo with­ out such collar and seal or medal attached thereto or without be­ ing so muzzled as above required during tho months aforesaid, it shall be the duty of the Sergeant, and it shall bo lawful for any person to kill such dog, and tho owner or keeper thereof shall pay to tho city a fine of not less than one nor more than ton dol­ lars, to bo recovered before tho Recorder, as other fines arc now

-----------------------------------------------------Page 170-----------------------------------------------------

162                       Bogs.

recoverable, and if such clog shall not have been killed, but placed in the Pound the own or or! keeper thereof shall pay to the city a further fine of not less than one nor moro than throo dollars to recover such dog; the fine recoverable as aforesaid. § G. That if any person shall become the owner or possessor of any dog, after the time of the annual assessment, he or sho shall register the same with the Sorgeant, and pay to him, for the use of the town, tho tax assessed upon such dog, by this ordinance; for failing so to do, every such owner shall forfeit and pay not less than one nor more than ton dollars.

^7. Whenever tho President of tho Council shall be satisfied that any case of hydro,pi: " has appeared among tho dogs of the town, he shall issue his proclamation requiring all persons to eonfino their dogs, or to have the same securely muzzled, for such time, from and after tho issuing of such proclamation, as ho shall therein appoint, and if any a Spinal of tho dog kind, shall be found at largo in the said town, during tho time so ap­ pointed, without being properly and securely muzzled, tho same may bo killed by any person whatever and the ownor or keeper thereof shall forfeit and pay to tho town a line of not less than ton nor moro than twenty dollars for every such offense.

£8. Tho Sergeant shall bo allowed a fee of one dollar for every dog ho shall kill, or cause to bo killed and buried, under tho provisions of this ordinance, to be paid upon the requisition of tho President of tho Council, granted upon due proof of tho matter before him. (Form of complaint No. 4, of warrant No. G.) §9. Any other ordinance or part thereof in conflict with this

ordinance is horoby repealed.

§ 10. This ordinance shall take effect and be in forco from and

after tho 1st day of May next.

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Charges for Hauling 163

TITLE Ho. 20.

CHARGES FOR HAULING.

AN ORDINANCE.

Regulating the prices of hauling by Carts and drays in

the city of Parkersbury,

P a s s e d M a r c h 18, 18(11,

Bo it ordained by the Council of tho City of Parkersburg:

§ 1. That tho charges for carting coal shall not cxcood tho fol­ lowing rates : From tho Ohio river or railroad to any point with­ in tho late corporate limits of tho'town of Parkersburg, two cents per bushel j to any point beyond that line, and within tho corporate limits of the present city, not exceeding three cents per bushel.

§2. For hauling with drays, per load, within the first named limits, not cxcooding twenty-five cents ; and to any other place, within tho present limits of the city, not exceeding thirty cents. Loads hauled by two horses, except coal, shall not bo charged more than one third more than the abovo rates.

§ All persons violating this ordinance shall forfeit and pay to tho city not less than five nor moro than twenty dollars, unless incase of special contract .(Form of complaint No .4, warrant No. G.)

TITLE Ho. 21.

GAS WORKS.

CHAPTER I.

AN ORDINANCE

Authorizing the erection of Gas Works .

PASSED D e c e m b e r 2, 1804.

Rnc. S e c .

1       Kxcluslve privilege of using streets of using streets, to light tho city.

alloys, ito., for laying down gas pipes Proviso.

gi von ; conditions imposed. 3 When company to commence Choir

2       Pcimlly for unlawful interference work.

with gas pipes. (i (Refinances repealed.

3      Cias company required to lay pipes 7 Authority of company to erect their nppn.applieaition of properly owner. works on lots numbers 1,1(1-117. Proviso. flights reserved.

1 Exclusive privilege given to (las Co.,

-----------------------------------------------------Page 172-----------------------------------------------------

164                   Gas Works .

Bo it ordained by tho Mayor and Counoil of tho city of Parkers­

burg :

§ 1. That, J. V. Eathbono, J. N. Camden, J. J. Jackson, Bever­ ly Smith, \\ r . X. Chancellor, J. M. Jackson, Thomas D. Wilson, Samuel Wise, Gustavus E, Smith, J. C. Eathbono, and their as­ signees, and such other persons as they may associate with thorn, shall have tho exclusive privilege of using the streets, alloys and publics grounds of tho city of Parkersburg, for the purpose of laying down pipes for tho conveyance of Gas in and through &aid city, for tho use of said city and its inhabitants, for the term of years hereinafter specified and upon the following conditions, namely:

First. Tho said Gas pipes shall not interfere with tho drainage of tho city, or the necessary construction of sowers or other under-ground fixtures.

Second. That before opening any street, alley, or public ground, for tho purpose of' laying down any Gas pipes, or any other fixtures or other apparatus,belonging to said company,tho said company by its proper off!cor or agent,shall give to tho Stroet Commissioner of said city at least one day’s notice thereof, and tho progresss of said work shall not unnecessarily obstruct tho passage through and along said street,alley,or public grounds,and further,they shall,within a reasonable time,repair such portion of any streot, alley, or public grounds, as they may have broken up, in such manner as that tho said street shall bo in as good order, after as before said pipes wore laid, and whenever said company shall fail so to do, the said Street Commissioner shall cause said street, alley, or public ground, to be properly repaired at tho expense of said company and said company to be liable for any damages that may accrue in consequence of the construction of said works.

Third. Tho said company shall at all times furnish the necessary burners and other fixtures for the use of said inhabitants of said city, upon contracts between said inhabitants, severally, and said company, and also for all public buildings of said city upon sim­ ilar contracts; Provided, That nothing in this section cantoino^, shall be so construed as to prevent any inhabitant of JJi,e cpi-poi ration of said city from furnishing their own burners and fix­ tures, subject to the just and reasonable inspoctiQ^BBBfl approval

-----------------------------------------------------Page 173-----------------------------------------------------

Gas Works.

of the officers or agent of said company under tho by-laws thereof.

Fourth. The Gas, to be furnished by said company, shall be taken and consumed by tho' inhabitants of said city only upon contracts to be entered into between said company and said in­ habitants.

Fifth. The Gas shall bo furnished to this city of Parkersburg as a corporation, for lighting the streets, alleys and public grounds, at a rato not to exceed three dollars per one thousand feet, the said city of Parkersburg furnishing all tho lamps and lamp posts that may bo necessary for its use as a corporation, and tho Gas to be furnished to tho citizens as a rate not to exceed four dollars and fifty cents per one thousand cubic feet.

Sixth. IP the Council of said city of Parkersburg shall, at any time, desire to erect lamps in a part of the city distinct from tho lino or lines of pipes which may bo laid by said com­ pany, and if said company shall refuse to extend tho pipes for such purposes, the Council of said city shall have the privilege of extending tho same, and may provide such number of lamps and pipes as may be necessary for the purpose, and the pipes thus laid, and the lamps thus erected, shall bo supplied by said company with Gas on tho same terms prescribed in the last pre­ ceding condition or stipulation, and the said lamps shall be sub­ ject to the same regulations as other public Gas lamps; the pipes thus laid down, at the expense of the city, shall not directly or indirectly, bo used by said city or company to furnish Gas to in­ dividual citizens, until said company shall have paid to the said city, the whole cost of the pipes laid down by said city as afore­ said. Provided, that whenever said pipes are laid down by said oily, it shall be done so as not to injure any of the pipes, works, or apparatus of said Company, and under the just and reasonable approval and inspection of tho proper officers and agents of said company, according to tho by-laws thereof; as soon as the said company shall pay tho said city tho cost of any such pipes, they shall become the property of said company, as if tho same had been originally laid by them.

§2. Bo it further ordained, That any person who shall willful­ ly open a communication into tho street Gas main, or other Gas pipes, of sank company, without authority from said company, or who shall willfully let on the Gas, after it has boon stopped

-----------------------------------------------------Page 174-----------------------------------------------------

166                  Oas Works.

by order of said company, for repairs or other purposes, or who shall put up any pipes or burners in addition to the pipes and burners originally put up and inspected or introduced, or intro­ duce Gas into them without authority, or do any other act or thing prejudicial to the works of the said company as aforesaid, shall be subject to a penalty of not less than five nor moro twon- dollars, to be recovered by warrant in the name of and for the use of said company. (I'orm of complaint No. 4, warrant No. 6.) § 3. lie it further ordained, That whenever application in wri­ ting shall be made, by the owner of property upon any street, connected with those where the pipes are already laid, the said company shall lay tho pipes in said streets : .Provided, That the person or persons so applying, shall agree to pay to the Parkers­ burg Gas Company, twelve per cent, per annum upon the cost of such pipes and necessary fixtures connected therewith, and of laying the same, in addition to the cost of gas consumed, un­ til the consumption of gas, in tho judgment of the said directors, shall bo sufficient to secure to said company, a permanent net profit of 15 per centum on the cost, as aforesaid.

^4. Be it further ordained, That the said company shall have the solo and exclusive privilege of using tho streets, alleys and public grounds of said city, for tho purpose of lighting said city with gas, for the full term and period of thirty years from tho time said company shall commence tho distribution and supply of gas, of which time, notice shall be given by said company, to bo entered among the records of said city of Parkersburg. Pro­ vided, always,That,upon the expiration of twenty years from tho passage of this ordinance, privilege is hereby reserved to tho said city of Parkersburg, at tho discretion of the Council there­ of, and of which at least six months notice shall be given in writing to said company, to purchase the said lots of ground, works, apparatus, fixtures and property of said company, at a reasonable and fair price, to be ascertained by throe disinterest­ ed persons, without regard to any franchise hereby granted. 2 5. Bo it further ordained, That said company shall commence their work, and light said city with gas. within six months from the passage of this ordinance, and shall complete the Banin with­ in twelve months from tho passage of this ordinance,, otherwise this ordinance shall be void.

2 G. All ordinances, or parts of ordinances coming within the

-----------------------------------------------------Page 175-----------------------------------------------------

Water Works.                    167

purview of this ordinanco bo, and tho samo arc hereby repealed. $ 7. Bo it further ordained, That the said company aro author- zed and empowered to construct their works on lots No. 146 and 147 in said city.

$8. Be it further ordained, That the council of said city here­ by reserves the right, after the resumption of specie payment, to require the said company to reduce tho price of gas furnished to the city and citizens thereof, so as to conform to the prices of other cities of like population and locality.

TITLE MO. 22.

WATER WORKS.

CH APTER I.

An ACT to authorize the Mayor and Council of the city of Parkersburg to borrow money for the purpose of erecting Water Works.

PfiHsod February 27.1807.

PREAMBLE

S e c .                                       (S e c .

1.     city may Issue bonds for erection of mcnccd.

Water works.                                    .Mon on Water Works—Sale ol

2. When such erection may bo com-| Bonds.

W h e r e a s , the proper authorities   of tho city of Parkersburg did on the day of December, eighteen hundred and sixty-six, rosolvo to take the sense of tho qualified voters of said city, af its next annual election, as to whether they should issue bonds and sell the same for tho purpose of procuring money to erect water works in said city, and did cause notice of the same to be published in two daily papers published in said city, from the twenty-eighth day of December, eighteen hundred and sixty- six, to tho twelfth day of January, eighteen hundred and sixty- seven, that being the day fixed by law for tho annual election of officers of said city, and on tho said election day tho voters were also notified by tho officers conducting the election, that they could votoTf'or or against water works,” and at tho closo of tho election it was ascertained and so certified by the said officers con­ ducting said election, that more than three-l’ourths of tho votes cast on that subject were “for waterworks,” therefore,

-----------------------------------------------------Page 176-----------------------------------------------------

1 G&                Water Works.

Bo it enacted by tho Legislature of West Virginia:

81. That the city of Parkersburg, in its corporate capacity, bo and is horeby authorized, by its Mayor and City Council, under the corporate seal of said council, to issue bonds in such amounts as they may think proper, not exceed­ ing tho sum of one hundred and twenty thousand dollars, at any rate of interest not exceeding nine per cent, which said bonds shall have coupons attached for tho payment of said in­ terest semi-annually, at such places as may be expressed on tho face thereof; and tho principal thereof to be paid within thirty years from tho date of issue, or at an earlier date, as may be con­ tracted for on tho face of said bonds, which bonds when is­ sued, or the proceeds of tho sale thereof, shall be exclusively ap­ propriated, (or so much as is necessary for that purpose,) for the erection of said water works, with necessary appendages, and for no other purpose whatsoever.

And when fifty thousand dollars of said bonds shall have been sold and tho money actually paid into the city treasury, then the city council shall be empowered to commence tho erec­ tion of water works for tho said city of Parkersburg, and shall complete the same as soon as practicable. And the interest ac­ cruing on said bonds shall be a lion on said water works to the exclusion of all other debts or liabilities, except for labor per­ formed in erecting said works. Provided, that no bonds issued under authority of this act shall bo sold for less than ninety- three cents on the dollar.

CHAPTER II

AN ORPIN ANCK

To cause Waterworks to be erected for the City of Park­

ersburg.

.Passed December 1,18(17.

Hue. i.

u'.

7.

Citizens requested to assemble aiid vote 1

City llonds lo bo Issued. (lommlssioners appointed.

Necessary legislation to be applied for.

('ominlssloners to report (o ('oimeil, Water to be taken from the Ohio River.

Ronds, and Interest coupons re­ ceivable In payment Of taxes.

H 8 . k c Vote . to be taken.

11. Water ing fund. rents to constitute ft sink­

10 . Separate tax to be laid.

It. Necessary lands lo be pui'cliased., 12 . Proceeds of negol luted bonds lobe

<l 'posited, whole

1!). Tbis ■ I,■ i'nance • v. declared ceil tlm part City of the and the

: ireluyjcrsof sjild bonds.

-----------------------------------------------------Page 177-----------------------------------------------------

Water Works.

i6§

lie it ordained:

§1 That the citizens of the city of' Parkersburg bo requested to assemble at the Court House, on the 12th day of January, 1807, and Vote for'or against tho erection of water works for said

city in the manner provided for in this ordinan'ce.

§2. For the purpose of breeding \Vatcl 1 works, the city author­ ities shall cause to be issued in due and proper form, City Bonds-, to amount not exceeding 8120,000, at a rato of interest not ex­ ceeding nine per cent per annum, payable semi-annually in the city of Now York, or in Parkersburg, as the holdormay desire, the bonds to show on their lace that they aro issuod for the erec­ tion of water works, to bo a lion to the exclusion of all other lions on said works; and to bo redeemable in not loss than ton nor more than thirty years, at the option of the city.

§3. J. C. Rathboneand A.L. Pedro be, and aroheroby appointed commissioners and agents of the city to negotiate the ealo of said bonds upon Iho terms that may bo agreed upon, subject to the approval of tho Council; and when 850,000 of said bonds are sold, and the money paid to tho credit of said commissioners, they are hereby authorized and empowered to commence the erection, for the use of said city, water works sufficient to sup­ ply a population of twenty thousand people, and to tako all nec­ essary steps and action necessary to the completion of the same within tho year 1807, if practicable, and to report to the city au­ thorities a detail of their actions from Limo to time, as may be required by said authorities. The said commissioners to bo at all times subject to tho instructions of said Council and may bo removed by thorn for any misconduct in the discharge of their duties.

4. The said commissioners are hereby authorized to apply to the Legislature as soon as it may convene, for such legislation as they may be advised is necessary to enforce this ordinance, and give effect to tho same.

§5. Tho commissioners to report to the Council at an early day, the plan of tho work, the modo of supplying tho city, the streets to be traversed, the size of the pipes of supply to the re­ servoir. and of distribution ; tho number and capacity of reser­ voirs, tin; number and power of the engines, and generally all needful information necessary to the erection of said works. § (i. Tho vjfatpr to be taken from tho Ohio, above tho cut made

13

-----------------------------------------------------Page 178-----------------------------------------------------

170                  Water Works.

for the discharge ojf Pond Ran,and the reservoirs to bo so located as to supply the city with all the advantages necessary to the extinguishment of lire.

§7. The said bonds and interest coupons accruing on the same, as they respectively may accrue or maturo, shall bo receiv­ able in payment of all assessments and taxes which may be as­ sessed by any ordinance of said city for any purpose whatever, and shall bo exempt from all taxes and assessments which may be imposed or collected by said city.

§ 8. It shall bo the duty of the Clerk and Marshall of the city at tho annual election, January, 18G7, to take the votes of the qualified voters of tho city on this ordinance, and ceriily them to tho Council, who shall publish the result; and this ordinance to take effect immediately after it is ascertained that the people approve the samo.

§9. All the water rents to be derived from supplying the city and tho residents of tho city, to bo set apart as a fund, separate from the funds of tho city, and to be applied : First, to keeping, and the expense attending the management and conduct of tho same, and then to tho payment of tho interest on the water loan and any surplus to constitute a sinking fund, for tho payment of said bonds.

§ 10. The authorities of tho city hereby agroo that they will levy a separate tax on the taxable property of said city, to pay tho interest that may accrue on the water bonds, and which may not bo provided for by water rents.

§ 11. Tho Commissioners to purchase and cause to bo convoy­ ed to the city,all the lands necessary for the erection of said works. § 12. When tho bonds, or any part thereof, arc negotiated, the proceeds of the samo to bo deposited, to tho credit of tho city water bonds, in one of tho National Banks in New York or Parkersburg, as the caso may bo, the same kept as a separate fund, applicable to tho erection of the water works, and for no other purpose.

$ 5 13. All tho portions of this ordinance which relates to tho loan, the paymont of tho principal and interest, the disburse­ ment of tho water loan, is hereby declared apart of tho contract*, between the corporation and tho londers or purchasers of said bonds, and not subject to repeal, modification or change on the part of tho city.

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Wdter Works,              i?l

CHAPTER III.

A n ORDiNANdB

To provide for tlie erection of Water Works in the Oily Of

Parkersburg .

I’nsHod Hoptoinlior 5,1871.

• s e c :. I sue.

I. Issue of Oily bonds nulhoi'l/.iul. 7. Tax to l>o levied annually    to    dls ; '■!. Commissioners appointed to iic k o -I olmrge interesl.

I late sale of bonds. S. Water nm'ls to be separate fund. .'1. Work lo oommouce when S30,000 of'l>. I.amis for the works to be procured

bonds sold. I hy wliom.

I. Committee lo report plan of works. 10. l’arts of this ordinance to constitute

3. Proceeds of bonds howto be depos- part of the contract between'the city

lted. and the bond holders.

(1. Ponds receivable In payment of as- 111. Ordinances repealed, sessmenIs and taxes. |J2. Commencement.

Be it ordairnxl by the Mayor and Council of the City of Park­

ersburg :

§1. That, for the purpose of erecting of water-works in the City, bonds of the City, indue and proper form, to an amount sufficient to raise the sum of 8100,000, when sold for not less than ninety threo (93) cents on the dollar, shall bo issued by the Mayor and Council aforesaid, with interest coupons attached, payable semi­ annually in the City of New York, or in Parkersburg, as the holder may desire; and the said bonds shall show on their faco that they are issued for the oroction of water-works, and the in­ terest thereon shall be a lien to the exclusion of all other debts or liabilities, except for labor performed in erecting said works ; and the said bonds shall bo redeemable in not loss than ten nor more than twenty years, at the option of the City.

That W. N. C h a n c e l l o r ,!!. II. Moss and W. IT. W o l f e , be, and they arc hereby appointed commissioners and agents, of the City, to negotiate the sale or exchange of said bonds, upon such terms and conditions that may be agreed on, subject, however, to the approval of the Council of said City ; and the said commission­ ers, or their successors, shall be subject to the orders and instruc­ tions, and may bo removed at the pleasure of the said council. § 3. When 850,000, of said bonds shall have been sold or ex­ changed, the said Mayor and Council shall proccod to erect or cause to bo ,erected water-works, sufficient to supply the wants of the inhabitants of said City to the number of, fiftcon thou­ sand, should so many there be.

-----------------------------------------------------Page 180-----------------------------------------------------

17U                Water Works.

§4. The committee on water-works appointed by the Council shall report as soon as practicable before tho said 850,000 of bonds shall bo disposod of as aforesaid, tho plan of tho works, tho system or mode of supplying the city with wator, tho streets to be travorsod, tho size and extent of the pipes of supply and distribution, tho number and capacity of tho wells or reservoirs, if any, tho number and power of tho necessary engines; tho hydrants and plugs; their proper and probable location and number; and ovory othor matter relevant and necessary to tho erection of said water-works.

§5. The proceeds of the said bonds or of any of them, when the same shall be sold, shall be deposited to tho credit of tho said City water-works fund, in the treasury of tho said City, tho samo to be kept as a separate fund applicable to tho erection of the said water-works, and for no othor purpose whatever.

§0 Tho said bonds and tho interest coupons accruing on tho samo as they respectively accrue or mature, shall bo receivable in payment of all assessment and taxes which may bo assessed in pursuance of any ordinance of said City for any purpose, whatever; and shall bo exempt from all taxes and assessments which may bo imposed or collected by said City.

£7. A tax shall bo levied and collected annually, from tho real and personal property chargeable with taxes in said City at tho rate of thirty (30) cents on tho one hundred dollars value there­ of, which shall bo applied first, to tho payment of tho interest accruing on said bonds, and the surplus shall constitute a sinking fund for tho redemption of said bonds, to bo hold and controlled by the samo commissioners or their successors, who control and manago tho sinking funds hereinbefore provided by tho City. $8. The water rents derived from supplying the residents of said City with water, by means of said works, shall besot apart as a fund, from tho other funds of the City, and bo applied: First, to tho expense of managing, attending and operating said works; Secondly, to the payment of tho interest on the said bonds; and Thirdly, “Tho surplus, if any, shall go to tho sink­ ing fund heretofore provided for tho payment of tho said bonds. ? 9. The said committee provided in section four (4) ol‘ this or. dinanco, and tho city solicitor, may purchase and cause to be con VOyed to the City all the lands necessary for tho erection of tho suid works.

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Subscription to Railroad .               173

§10. So much of“ th is ordinance as relates to the issuing of said bonds, and tho salo or exchange of the same, the payment of the principal and interest thereof; the disbursement of the water works loan, and the levying and collecting of taxes for the re­ demption of said loan is, hereby declared to bo a part of the con­ tract betwoen the city and tho lenders of money on purchases of said bonds; and not subject to repeal, change or modification by tho said city.

§11. All. ordinances and parts of ordinances, inconsistent with

this ordinance aro hereby repealed.

\ 12 This ordinance shall be in force from and after its passage.

TITLE No. 23.

Subscription to the Capital Stock of the

N. W. Va. Railroad

CHAPTER I.

AN ORDINANCE

To provide for paying the Subscription of the Town to the

Capital Stock of the North Western Virginia Rail­ road Company.

P a u s e d O c t o b e h 29, I85. r >.

h : 1 2

II

S e c .

Provision to raise money to pay tho catosol loan.

town subscription. Sinking fund created.

Appointment ol' Trustees of a sink- i Certificates of loan exempted from ing fund. taxation.

Trustees to negotiate sale of portlfl-

J3c it ordained by tho .President, Recorder and Trustees of the

Town of Parkersburg :

Si. That for the purpose of raising monoy by loan to pay tho subscription of the said town to the capital stock of tho Northwestern Virginia Railroad Company, as authorized by an act of tho General Assembly of Virginia passod March 17, 185.1, the President shall cause to be prepared forty cortificatos of loan for one thousand dollars each, and twenty for five hundred dol­

lars each, which shall ho sealed with tho corporate seal of tho

-----------------------------------------------------Page 182-----------------------------------------------------

174           Subscription to Railroad.

said town, attested by the signatures oftho President and Clerk, and shall boar date on the first day of November next, and bo made payable twenty years thereafter, in the city of Baltimore, with interest, payable semi-annually, in the said city, on the first days of May and November, in each and overy year, until the said certificates are payable ; for which coupons signod by tho Clerk, shall bo thoroto attached, and the said coupons, when payable, shall be receivable in discharge of all taxes and other dues of the town. The said certificates shall bo numbered in regular scqucnco from one to sixty inclusive, and every coupon shall boar tho number of tho certificate to which it is attached. Tho Clerk shall keep, in a suitable book, a register of tho said certificates and their ooupons, on which shall appear, in a lino with tho number of each certificate, tho dato of its issue, tho name of tho person to* whom the same is issued, tho number of coupons issued therewith, and the payment of each coupon, which shall bo noted thereon as it occurs.

§2. On tho passage of this ordinance, the Council shall, by vote of a majority of thoso present, appoint two persons, who, together with tho President for tho time being, shall be Trustees of tho sinking fund hereinafter provided. Either of the 'Trus­ tees so appointed shall bo removable for cause by a vote of two- thirds of the whole Council; but any vacancy arising from death, resignation or removal, may be filled by the votes of: a majority of thoso present at any mooting of tho Council where tho matter is regularly before them. The Trusteos shall desig­ nate one of those so appointed as their treasurer, who shall have tho custody of tho monoy, securities and other property belong­ ing to tho sinking fund, and shall give bond, with security to bo approved by tho Council, in such penalty as they may from time to time direct, conditioned for the faithful discharge of his duties, and for accounting for and paying over to tho order oftho Trusteos of tho sinking fund, or a majority of them, all money, securities and other property, which shall come to his hands as Treasurer as aforesaid. The Trustees shall annually report their proceedings and tho state of tho sinking fund to the Council at their last meeting in December, and may be required To do so at other times by a vole of the Council. They shall be allowed the expenses actually incurred by them, but shall receive no coinpeti-

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Subscription to Railroad .               175

nation for their services, unless specially authorized l>y tho Council.

§ 3. Tho said certificates of loan, when prepared, executed and registered, as provided by tho first section, shall bo dolivorod to tho Trustoos of tho sinking fund, who shall receipt for tho same and shall proceed to negotiate or hypothecate them on such torms as they shall doom tho most advantageous, and shall pay tho procoods thereof to the Northwestern Virginia Bail road Company in discharge of tho subscription of tho town to their capital stock, until the wholo is paid, and retain tho residue, if any, as part of tho sinking fund. It shall be their duty to pro­ vide, by use of tho funds at their command applicable to the purpose, for tho punctual payment at such place, in the city of Baltimore, as they shall from time to time appoint, of tho cou­ pons issued with tho said certificates, and for tho redemption of tho latter at maturity; and whenever tho surplus of money in their hands, after payment of tho current interest, shall amount to the sum of five hundred dol law, they shall invest tho same in tho said certificates of loan, if they can bo purchased at or be­ low their par value, and, if not, in bonds or stock of tho State of Virginia. They may temporarily loan on good personal secu­ rity, any loss sum remaining in their hands, at such rate of in­ terest, as may bo agreed on, and may borrow on tho credit of the said sinking fund, and for tho purposes thoreof, for not moro than six months, any sum or sums of money not exceeding in tho aggregate, at one time, tho amount of a semi-annual pay­ ment of interest on tho said certificates. And to facilitate tho negotiations of the said certificates, they may appoint an agent in tho city of Baltimore, to whom they may allow such commis­ sion as they may deem reasonable.

§4. In order to secure the punctual payment of the principal and interest of tho said certificates of loan, a sinking fund shall bo created and maintained as follows: First, the stock of tho Northwestern Virginia Railroad Company owned by tho said town, being one thousand sharos thoreof, tho par value of fifty dollars each, shall, by deed under tho corporate soal of tho said town,attested by tho President, bo assigned and transferred to tho said Trustees of tho sinking fund and thoir successors, in trust to hold tho same as a security for tho redemption of tho said cer­ tificates of loaiiv add to collect the dividends on tho said stock,

-----------------------------------------------------Page 184-----------------------------------------------------

176           Subscription to Railroad .

and apply tho proceeds thereof to the payment of the accruing interest on tho said certificates and tho increase of tho sinking fund; and with power, at tho maturity of tho said certificates, if tho said fund is insufficient for their redemption, or sooner if authorized by tho Council, to sell tho said shares of stock, or any part thereof, and add the proceeds of any such salo to tho capital of tho sinking fund. Secondly, the collecting officers of the town shall semi-annually, on the first days of April and Oc­ tober, pay over to tho said Trustees or their treasurer, who shall receipt for the same, tho not prococds of tho wharfage rates, after deducting the cost of management and such necessary repairs and improvements of tho wharves as may havo been authorized or appropriated for by tho Council, and also one-fifth of the net annual taxes on real and personal property, which have been collected ; and thirdly, of appropriations from the general funds of tho town to bo mndo by tho Council from timo to timo on the requisitions of the said Trustees, or a majority of them. And tho faith of the town is hereby pledged, that tho Council shall mako such appropriations when so required, and that the said stock and tho dividends to bo received thoroon, tho said pro­ ceeds of wharfago and of one-fifth of tho annual taxes aforesaid, shall be permanently appropriated to thesaid sinking fund, until tho capital thereof, with tho accruing dividends on the said stock shall bo sufficient in the judgment of tho said Trustees tor tho redemption of tho said certificates at maturity, and tho punctual payment of tho interost thoroon.

§5. No taxes shall bo levied by the said town on the certifi­ cates of loan issued under this ordinance, and all taxes loviod on such certificates owned by non-rcsidonts of tho State of Virgin­ ia, by tho said said State or tho county of Wood therein, shall be paid by tho said Trusteos out of any money belonging to the said fund.

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Improvement Loan.                 177

TITLE No.

IMPROVEMENT LOAN.

CHAPTER I.

AN ORDINANCE.

To provide for the payment of the Interest and. Principal

of the Certificates to he issued by the City of Park­

ersburg, and to be dated Jidy Is/, 1866, styled. “ Im­

provement Loan."

Passed June 27 , isoil.

Bid,'. B k c .

1    (JerMflcatos to bo Issued lo rnlso SlOO,- nnnoe. ()()() for public lmp:ovomont. I (.'ertlllcntOK

2 Sinking land provided.

U TruntooM, onmo ns In preooealngordl-

loan exempted from

Ho it ordained by tbo Mayor and Council of the city of Parkers­

burg :

§1. That for the purpose of raising ono hundred thousand dollars in money, by loan, for tho purposo of public improvements in said city, tho Mayor shall cause to bo executed certificates of loan, in denominations of fifty, ono hundred, fivo hundred and ono thous­ and dollars, which shall be signed by the Mayor and Clerk, and attestod by tho corporate seal of said city, and shall boardato on tho first day of July, 18GG, and bo made payable twenty years thereafter, in tho said city of Parkersburg, with interest payable semi-annually, in the city of Now York, on tho first days of Jan­ uary and J uly in ouch and every year, until tho said certificates are payable, for which coupons signed by tho Clorlc shall be thereto attached, and tho said coupons, jvhon payable shall bo receivable in discharge of taxes, and other dues to tho said city ; tho said certificates shall be numborod in rogular scquonco from ono to such number as shall bo last issuod, and overy coupon shall bear the number of the certificate to which it is attached. Tho Clerk

,shall keep, in a book, a register of the said certificates, with date

taxation.       ot

-----------------------------------------------------Page 186-----------------------------------------------------

178              Improvement loan.

of issuo, number, to whom issued, and number of coupons to each attached.

§2. Tn order to socuro the punctual payment of the principal and interest of said certificates, so issued and sold, a sinking fund shall be provided by setting apart so much of tho annual lax, levied and collected in said city, each yoar, as shall bo necessary to pay tho accruing interest, and tho principal at maturity.

§3. Tho sinking fund provided for in tho procoding section, shall bo hold and controlled by tho samo trustees as now hold, or may hereafter hold tho sinking fund, provided by an ordinance passed October 29th, 1855, to secure tho payment of tho stock of the town of Parkersburg, to tho North Western Virginia Rail­ road Company; said trustees shall demand and receive from tho said Mayor and Council, such sum. to bo paid out of tho general fund, as shall be necessary to discharge the interest as it becomes due, and pay tho samo, and return the coupons, so paid to tho Council when they shall bo examined and destroyed, and annual­ ly on or beforo tho first day of January, in each yoar, shall de­ mand and receive in like manner, such sum as shall bo necessary at tho ond of twenty years, from tho first day of July, 1866, to pay tho ono-twenticth of said certificates, so issued and sold, and when such sums, so received by said trustees, shall amount to five hundred dollars, they shall invest tho same in said certifi­ cates, if they can be purchased at or below their par value, or loan out said funds, in any sums on good personal or real estate socurity, to collect or cnforco t'hc’collection thereof, and re-loan tho same, and to do any and all other acts and things that shall tend to increase and safely preserve said sinking fund.

§4. No taxes shall be levied by said city of Parkersburg on any of said certificates of loan, held oithor by residents or non­ residents of said city.

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Offences and Misdemeanors .              179

TITLE Mo. 25.

Offences.

CHAPTER I.

AN ORDINANCE

Defining certain Offences and Misdemeanors,

Passed February 27,1868.

8

!)

0 .

Certain nets declared Offences and misdemeanors. Obscenity.

liulhiiuc In llio Ohio or 1,111 la Kana­ wha Rivers,

i iertain nets done on Sunday declared Oll'encos.

Vagran Is and Oamblers.

I/icence—Failing to nay (ax on. Streets and Sidewalks. Mouses of III fame.

Ordinaries and Saloons. Misconduct

Sm at.

10 Miscellaneous Offences. 11 Penalties.

12 Hcpuennt, Policoman, or other ponce Officers may arrest without warrant any person accused We. 18 Amount of lines limited.

11 Imprisonment not to exceed 80 days, Where default is made in payment of linos and costs,

15 Ordinances repealed, 10 Commencement.

Bo it ordained by the Mayor and Con-noil of the City of Parkers­

burg-

That the following bo and aro boroby declared offences and misdemeanors against the city of Parkersburg, when committed within the corporate limits of said city, and the ■same shall bo punished as in manner and form ns hereinafter provided, viz: § 1, Committing or procuring any arson, robbery, burglary or larceny, wilfully and maliciously placing obstructions upon (lie rails or track of any railroad, or injuring any such rails or track, causing or ongaging in any riot ; obstructing authorities in quel­ ling it riot; resisting or abusing officers in the execution of their offices; committing an assault and battery; fighting by agree­ ment ; disturbing any religious meeting or acting disorderly therein, or molesting or insulting any person in going to or re­ turning from the same; idly loitering at or 'near the door of an 3' church or other placo of public religious worship; disturbing any public meeting of citizens, or procuring such disturbance; threatening the life of any person, or to do any person bodily injury, or to. commit a crime; habitually carrying concealed weapons ; committing any trespass upon ill0 property of another; acting in any disorderly manner to the disturbance of the peace.

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180           Offences and Misdemeanors.

Obscenity.

$2. Uttering any wanton, obscene or bawdy words to another or in tho hearing of another ; exhibiting any obscene gestures or conduct; perpetrating any indecent act in tho presenco or view of passers-by; making ail indecent or immoral exhibition or exposure of the person, or causing or procuring another to do any of the same ; selling or offering for sale, or exhibiting any indecent,immodest or lascivious book, pamphlot, picture, or representation; getting up or attending any dance or carousal by lowd or dissolute persons.

Bathing.

§3. Bathing in tho Ohio or Little Kanawha rivers, within tho corporate limits of said city, from sunriso in the morning until dark in tho evening.

Sunday.

§4. Playing at marbles, pitching quoits, or ongaging in any other game or sport on Sunday; rioting, quarroling, hunting, tishing, trading, shooting or bartering on Sunday ; selling or buying any goods, wares or merchandise, or engaging in any common labor, or secular business on Sunday, (works of neces­ sity and charity excepted,) by any person or persons, excepting thoso who conscientiously observe Saturday as a Sabbath ; ex­ posing clothing or any other article of merchandise on Sunday, by hanging the sumo outside of tho door of any house whero such article is kept for sale, or by placing tho same upon any of tho sidewalks; exposing or offering for salo any article in a market place on Sunday. Vagrants and Gamblers.

8 5. Loitering about common ordinaries, restaurants, dram shops, or houses of ill-fame, or wandoring about the stroots by night or day, by porsons not having any known place of abode, or any visible means of livelihood and support, and not being able to givo any satisfactory account of themselves; playing at any unlawful game or games as an habitual occupation, and having no other visiblo means of support.

Licenses.

§ 0, Doing any act, or following any employment or business

-----------------------------------------------------Page 189-----------------------------------------------------

Offences and Misdemeanors.             18l

in said city, upon which the Council of said city have imposed a tax, without first having paid tho tax imposed by said Council for tho privilege.

Streets and Sidewalks.

§7. Allowing any cellar door, opening on any sidewalk, street or alloy, to bo kept open at any time between twilight in tho evening and daylight in the morning; digging or breaking up an}' of the streets or sidewalks, without permission from the proper authority; stopping any dray, cart, wagon or other ve­ hicle, so as to interrupt tho crossing at the intersection of any street or refusing to immediately remove tho same when reques­ ted to do so; allowing any cart, dray, or other vehicle (except market wagons in the market spaces) to remain more than one hour upon any street, alley, wharf or landing; or for any time to the inconvenience of passers-by, or tho incommoding of tho occupants of contiguous buildings ; ringing bolls, blowing horns, or making any unusual noise in any street, or on any sikewalk, riding, driving or leading any horse or other animal, or draw­ ing any wagon, dray or other vehicle on any sidwalk ; wilfully or negligently permitting any horse or other animal to stand on any sidewalk ; riding or driving any horse or other animal at any improper or dangerous speed; driving any wagon, cart dray or other vehicle without tho driver having hold of the reins, or so near that the driver can, in case of necessity, in­ stantly take hold of the reins; neglecting to make barricades around any excavation made in any street or sidewalk, or adja­ cent thereto ; shoeing horses or other animals in any street, or on any sidewalk ; selling at public auction in any street or alley, or upon any Public Square, or any wharf or landing, (officers of the law excepted) any goods, wares, merchandise, or household goods, or other article or commodity; obstructing any street, alley or sidewalk; rolling a wheelbarrow on any sidewalk; casting any shavings, ashes, coal, cinder, mud, dung, or other filth or annoyance into any street or alley, or on any sidewalk; ob­ structing gutters in any way so as to prevent tho free passago of water along the same; allowing any noisome or offensive liquid to be discharged, dead animal, or any putrid meat or other putrid substance into any street or alley; allowing on any promises any noisome or offensive matter; suffering cows or other ani-

-----------------------------------------------------Page 190-----------------------------------------------------

182            Offences and Misdemeanots .

mals to stand, lie or food on any of tho sidewalks ; permitting 01 s negligently Buffering any horse or undo to run away, or to go at largo, or to stand unfastond in any stroot or alloy ; hitching any horse mule, or other animal to any shade tree-growing on any Public Square, or in any street, or on any sidowalk, or to any lamp post; wantonly or maliciously cutting or dafaeing or inju­ ring any shade or ornamental tree or bush growing in any street, yard or burying ground, or on any sidewalk.

Houses of Ill-Fame and Lewd Women.

* §8. Keeping a house of Ill-Fame, or a houso resorted to for the purpose of prostitution and lewdnoss; harboring lewd and dissolute women, knowing them to bo such ; associating or familiarly conversing with notorious prostititutes in any public place; tho appearing of lowd women on tho streets after the hour of olevon o’clock, P. M.

Ordinaries and Saloons.

§ 9. Permitting any rioting, drunkenness, or any public lewd­ ness or obscenity, or any conduct Avhich disturbs the peace and quiet of the neighborhood, at any common ordinary, or restau­ rant, or drinking saloon, or any place of public resort or amuse­ ment; permitting any game of chance or skill, prohibited by the laws of the State, to be played at the same, or in any build­ ing or out-houso appurtenant thereto; selling or permitting to be sold, at tho same, on Sunday, to any citizen, any intoxicating drink ; selling or giving to any minor or apprentice, when for­ bidden so to do by tho parent, guardian or master of such mi­ nor, any intoxicating drink. When any of tho offences enumer­ ated in bhis section, are committed at any such ordinary, restau­ rant, or drinking saloon, or place of public resort or amuse­ ment, the keeper or proprietor thorcof shall be held responsible therefor.

Miscellaneous.

§10. Cruelly beating or injuring any horse or other animal; keeping hogs so as to annoy or offend any ncigUibor•..•■pr.ptAior person; discharging guns, pistols, or other fire-arms within the limits of the city, or firing any squib, fire cracker, or other fire­ works of any description, in any street, alley, or market-place,

-----------------------------------------------------Page 191-----------------------------------------------------

Repealing certain Ordinances,            183

Oi* on tho Public Square; willfully and maliciously injuring, de­ facing-, mutilating- or destroying any house, building, fence, rail­ ing, or any goods and chattels, the property of another.

Penalties.

§11. The jurisdiction of said city shall embrace tho water contiguous thereto; so far as tho said waters are within the juris­ diction of the State.

§12. The Sergeant, or any Policeman, or other peace officer of said city may arrest without a warrant any person or persons violating this or any other ordinance of tho city, when such of­

ficer is an eye-witness to the offences.

§ 13. Any person or persons who shall commit any of tho of­ fences or misdemeanors prescribed in this ordinance, shall for each and every such offence or misdemeanor be lined not less than one nor more than twenty dollars, it shall be the duty of the Recorder to hear and determine all violations of this ordi­ nance, and to assess the amount of such fine. ( Forms cf com­ plaints No. 3,4, 5. Warrants 6 , 7, 8 , 9, 15, 16. Mittimus 11. Cer­ tificate of commitment 12, of Bail 13. Recognizance 14.)

§14. If any person shall be found guilty of a violation ol this or any other ordinance of said city, and shall make default in tho payment of such fine and costs as may bo assessed therefor, such person may be imprisoned until said fine and costs are paid tinless sooner discharged by the .Recorder. Provided, that the term of such imprisonment shall not exceed thirty days.

§15. All ordinances and parts of ordinances heretofore adop­ ted, which conflict with this ordinance are hereby repealed. §10. This ordinance shall be in force from and after its

passage.

AN ORDINANCE

Repealing certain Ordinances and for other purposes. Be it ordained by tho Mayor and Council of tho City of Park­

ersburg :

jU- all tho preceding ordinances shall be in force from and after tho passage of this ordinance. And all ordinances and parts of ordinances, coming in conflict with tho foregoing- ordi­ nances as heroin published, shall, bo and aro hereby repealed.

-----------------------------------------------------Page 192-----------------------------------------------------

184          Repealing certain Ordinances.

§2. Such repeal shall not affect any offenco or act Committed, or done, or any penalty or forfeiture or any right established', accrued or accruing boforo the passage of this ordinance, or any prosoction, suit, or proceeding pending on that day, oxcopt that tho proceedings hereafter had, shall conform, (so far as practica­ ble) to the provisions of tho ordinance as herein contained.

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TITLE No. 26.

A SUMMARY OF THE LAWS

DEFINING

THE POWERS, DUTIES AND RESPONSIBILITIES

OF THE

VARIOUS CITY OFFICERS.

M u n ic ipa l o r C it y O f f ic e r s .                                Section 1.

Office how conferred .................................................... 2. Three departments of City Oovernmont—Execu­

tive, Legislative and Judicial ........................................ 3. Mayor chief executive officer .......................................... 4. City Council composo Legislative department ................ 5. Recorder’s duties of a Judicial character .......................... 6.

O f t iie M a y o r .

His duties.

A conservator of the peace invostod with veto power.

•ial limit of his authority.

bxocuto his office in his own caso ............... 7 to 11.

14

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186

Summary.

O k t h e C it y C o u n c il .

The governing body of the City, little as to majorities. Quorum.

Meetings of Council—regular and special. Adjourned meetings.

How knowledge of facts obtained by Council. Not authorized to provide for 'entertainments.

Defraying expenses of “lobby members” to Legisla­

ture, &e.

Right to issue bonds of City to loan mauf'acturing com­

panies, questioned.

General powers of Council. Police laws or regulations,

Not to appropriate private property for public use. 12 to 2.‘).

O k t h e R e c o r d e r .

Judicial officer.

Conservator of the peace invested with the general or common law powers of a Justice of the Peace.

Generally not to act in his own ease.

Officer to execute the warrant of the Recorder. Cases of exception.

May supersede his own order.

Before dealing officially with a party such party should

be cited to appear.

Strongly protected by the law in the just execution of

his office.

The rule distinguishing botwoon cases where he may punish summarily without warrant, and where ho may not.

Not liable to an action at law for what be honestly

does as a Judgo.

Liable if ho acts corruptly.

On complaint made must execute his office,

-----------------------------------------------------Page 195-----------------------------------------------------

Summary,                     187

Forfeits his protection as an officer if ho commences an

assault.

Has n right to judge whether the .offenso charged is

one or not.

Complaints should set out with clearness tho offense charged ................................................................. 20 to 41.

Jlocordor a conservator of the peace.

What lie may do in his character as conservator. Liabilitcs for neglect of duty.

Who may bo bound to good behavior.

Of whom surety of tho pcaco may bo required.

Offences committed in tho view, presence and hearing

of Conservator, dealt with summarily.

If not committed in the view or hearing of Conserva­

tor, warrant must first issuo.

Surety for the pcaco —surety for good behavior —distinc­

tion between them.

When both may bo required ............................................ 58. What warrrants may bo executed by breaking

doors ................................................................... 26 to 58.

A miAY.

Term defined.

Words alone do not constitute.

Policeman bound to suppress ................................. 59 to 68.

A KKKST.

What must bo first dono to procure warrant for arrest. Duty of liecordor upon complaint made.

Warrant may bo granted upon well-grounded suspicion. Complaint must bo reduced to writing ................... 64 to 68.

Who liable to arrest.

How made ............................................................... 75 to 83.

W a r   r ant   . •

b^»on it may be granted (§ 66-7).

-----------------------------------------------------Page 196-----------------------------------------------------

188                   Summary.

For what offonsos granted.

When summons the proper process.

A general warrant to arrest all persons suspoctod, il­

legal.

Grounds of suspicion to bo stated. Requisites of a warrant.

Returnable when ..................................................... 69 to

-----------------------------------------------------Page 197-----------------------------------------------------

A SUMMARY OF TIIE LAWS

DEFINING

TJl'B POWERS, DUTIES AND RESPONSIBILITIES

OF THE

VARIOUS CITY OFFICERS.

1. Municipal, or citj 7 officers, aro persons legally invested with authority to perform cortnin public duties, which may not in general bo executed by private individuals.

2. This investiture of office is by election, or olection and com­ mission, or by appointment. Most officers arc bj’ law required, beforo entering upon the discharge of their official duties to take an oath, (called the oath of office) “to support the constitution of the State and to faithfully perform their duties,” Such as are authorized to receive public moneys aro also required to execute a bond with good security, in a sufficient penally, payable to the city conditioned for the faithful performance by the principal of his duty and for the faithful application of such money. This bond is to bo filed and kept in the manner prescribed by law.— The principal and surety in the bond become liable thereon, to any party who may be injured, by tho official misconduct or negligonco of the principal. Tho particular powers, duties and responsibilities of city officers are generally pointed out by tho Legislature in tho acts incorporating tho city*, or in particular statutes relating to tho city. Resides these, there are certain com­ mon law powers conferred upon municipal officers accompanied with special duties, privileges and liabilities, not indicated by such acts and statutes, or indicated only in general terms.

3. These will be treated of at greater length hereafter. Tho city government like that of the State, has three departments, the executive, legislative and judicial. Its authority is of course restricted to the corporate limits of tho city ; tho three de­ partments however arc not so distinct, each from the other, as

15

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190                    Mayor.

tho similar departments of the Slato government; for it will bo found that in several instances tho powers properly pertaining to one devision may also bo lawfully exercised by the other. 4. Tho Mayor is the chief Executive officer. Tho corps of po­ licemen, with the Sergeant as the chief c 30, belongs also to tho executive branch of tho city government.

5. Tho City Council whilo in session as a council, with the Mayor presiding, compose tho Legislative Department, and may onact By-laws, Ordinances, Orders and .Resolutions within the scope of authority conferred upon them by statutes of tho State for tho general good of the city. A more specific enumeration of its powers will bo found in chapters 5 and 7 of Title 1. The Council in judging of the election and qualification of its own members, and in proceedings for the expulsion ofamembor exor- cisos judicial functions.

6. Tho principal dutios of tho Mecorder are of a judicial char­ acter, such as deciding accusations made in the name of the pub­ lic against persons charged with a violation of the municipal law, and also certain controversies involving claims for money, in which the city is a party.

THE MAYOR.

7. It is tho duty of tho Mayor to take care that the orders, by-laws, ordinances, acts and resolutions of tho Council are faithfully executed. He is ox-officio a justice, and conservator of tho peaco, within tho city and possesses and may exercise all tho powers and duties vested by law in a justico of a township, ex­ cept that ho has no jurisdiction as such in civil cases. His pow­ ers and duties will be found more fully enumerated in section 39 of chaptor 47 of the Codo of West Virginia ; and in tho various acts of incorporation and ordinances contained in this work, all of which are referod to in the index. The powers and duties of .the Mayor as a Conservator of the peaco are set forth in a subsequent part of this chapter under tho caption “ Conservator of the Peace."

8. By tho act of March 2nd, 1868, power was conferred, p.pon tho Mayor to veto any ordinance or resolution passed by the

City Council and such ordinance or resolution sp vetoed has no

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Mayor.                  i9i

fbrco oi‘ effect unicss it bo subsequently passod by a two-thirds vote of the council.

It is a general rule, that where the law imposes duties to bo performed, it at tho same time confers the power necessary for their performance whether expressed or not. The Mayor is re­ quired to preside at tho regular meetings of the council and to the end that its deliberations may be free and unintcruptcd it is his duty to see that order and decorum bo preserved in the Council Chamber, hence should occasion arise, tho Mayor would have right to quell any disturbance of tho council session, by ordering any disorderly person under arrest, to fine for misbe­ havior and in short to do all that a justice might do while set­ ting as a court, to preservo a becoming silence and respect, and compel obedience to his lawful mandates.

!•. A justice of the peace has no coercive powers out of his county neither tlio Mayor out of tho city limits; but a justice may do some ministerial acts out of his county,as examining a party who has been robbed, or fatally wounded whether ho knows the felons, &c. and it is presumed tho Mayor may do sim­ ilar ministerial acts out of tho city, but neither can do a compul­ sory act outside tho territorial limits of their respective jurisdic­ tion. such as committing a person for not giving a reoognizence. 10. The Mayor ought not to execute his office in his own case, but cause tho offender to he taken before some other tribunal ; unless a party is guilty of a contempt, in the Mayor’s presence, whilst, in the execution of his office, ns in making use of scandalous and insulting language to him, or other improper conduct tend­ ing to interrupt tho public business ; in such cases the Mayor may commit the offender; but such commitment must bo by warrant in writing and not by more word of mouth—and tho commit­ ment must bo for a time certain (as for ten days) and not “till the party is discharged by duo course of law.” For further in­ formation on this subject reference is made to tho matter in this chapter under the captions “Recorder,” “Affray,” “Arrest” and “Conservator of tho Peace. "

11. Tho powers and duties of the Mayor depend entirely upon the provisions of the charter of tho city usually called tho act of incorporation, and other acts of legislation relating thereto, and upon valid by-laws passed pursuant to such acts. Strictly speaking his duties.are executive and administrative and not ju-

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192                 City Council.

clicial or legislative; but it will bo found by refercnco to tlie charters of this city and acts of legislation, that, judicial duties have boon added to those which properly pertain to his office.

THE CITY COUNCIL.

12. The governing and legislative body of a municipal corpo­ ration is its Council; and unless it bo otherwise provided by Sta­ tute, the corporation can act and be bound only through tho me­ dium of tho Council, when legally convened and setting in ses­ sion, as a council presided Overby the Mayor, or person author­ ized by law to act in his stead. Acts done by the council when less than a legal quorum is present are void ; also acts not con­ curred in by tho requisite number of its members. Acts done after a valid adjournment of the meeting, although a majority are present, are invalid.

13. Unless tho matter is specially regulated by statute, the common law rule as to majorities and quorums with reference to bodies consisting of definite numbers is applied to the Council or governing body of a municipal corporation.

14. If for example the body consisted of twelve council-men, ' seven is the least number that can constitute a valid meeting, though four of the seven may act. Where the law provides (in reference to bodies composed of a definite number.) that a major­ ity of those present at any regular meeting, shall bo competent ; to transact business, it is essential to valid action that a major- ' ity of the whole number must be ‘'present , these form a quorum , and the general rule is, in the absence of a law contrary, that a majority of such quorum may act and decide.

Meetings of the Council.

15. The meetings of tho council arc of two characters:

First , tho stated or regular meetings; the times for holding which are usually fixed by the Charter or other Statute, or by ordi­ nance, or by law passed in pursuance thereof, and tho time thus j appointed is presumed to be known to tho members.of the body and unless tho Charter or by-laws otherwise provides, it is their duty to attend such meetings without further, or special notice Absent members are equally bound with those who arc present

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City Council.                     193

by whatever is lawfully clone at a regular or stated mooting, or at any regular and valid adjourned mooting.

10. Second , the special meetings. These are usually called by the Mayor, upon his own or at tho instance of ono or more members of the Council, for the consideration of some urgent matter, or for the transaction of some business not admitting of delay. Tho general rule is, unless changed by tho Charter or Statute that notice of such special meeting must bo given personally to every member entitled to bo present, so that all may participate in the business of tho meeting. Tho acts of incorporation speci­ fy certain things that the Council can do only at regular meetings. 17. A regular meeting may adjourn to a future fixed day unless special provision is made to tho contrary, and at such adjourned meeting it will bo lawful to transact any business which might have been transacted at tho stated meeting, for it is in fact but a continuation of it, whether it boa regular ora special mooting that is adjourned, it would only be proper at tho adjourned meet­ ing, to transact such business as might lawfully have been dono at the meeting so adjourned.

IB. Where it is nocessary for facts to be ascertained for tho in­ formation of the Council, it is generally advisable to obtain such facts through the medium of a committee, but whore tho facts are within tho personal knowledge of the Council it may act without further enquiry.

19. The Council cannot in the absenco of express power, con- fored by charter or statute, make contracts to provide an enter­ tainment for guests or citizens, nor for celebrating tho Fourth of' July, nor other holidays, nor can it legally appropriate money to defray tho cxpencos of “lobby members” to tho Legislature, excursion parties, nor vote money by way of inducement to have the Capital located at this city, nor for any similar purposes. Tho collection of all taxes imposed to meet such expenditures is illegal and subject to judicial restraint.

2U. It is a matter of gravo doubt whether tho council have au­ thority even under Legislative sanction to raise money either by taxation, or issuing its bonds, and loaning them to private parties to enable them to establish manufactories in tho corpora­ tion, with a view to increase its wealth and business, as well as to accomodate its citizens, or to subscribe to the capital stock of railroad companies,

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194             Standing Committees.

21. As to tho authority of the Council and tho constitutional­ ity of tho legislation conferring such authority, the following decisions may be advantageously consulted: Hanson vs. Ycrnon 27, Iowa. Whiting vs, Sheboygan Railway Co., 9 Am. Law Reg. (N. S.) 15U, 1870, 8. C. 25 Wis., opinion by Dixon C, J. The people vs. Township Board, 9 Am. Law Reg. (N. »S.) 487 and notes. See, also, Dillon on Municipal Corporations, under title, “Aid to Railways.” Also, Alien ot at vs. Inhabitants of Jay. 12 Am. Law Reg. (1ST. S.) 481 and authorities therein cited.

22. To facilitate tho transaction of business, the Mayor, at tho first mooting of the Council, appoints what nro usually termed,

Standing Committees:

Those committees, at present, are as follows :

Commmittoo on F in a n c e .

“           S t r e e t s a n d A l l e y s . “           O r d in a n c e s . “           C l a im s .

“           W h a r f s a n d L a n d in g s . “           P u m ps .

“           M a r k e t II o u . s e , S c a l e s a n d G a s . “          F ir e D e pa r t m e n t . “ H o s pit a l .

All matters of importance relating to theso subjects are ro- f'orod to the appropriate committee for its consideration and re­ port before final action by the Council.

23. Tho general powers of tho Council to do whatsoever is necessary for tho protection of property, tho safety of citizens, and tho suppression of vice within the corporate limits of tho city are fully sot forth in tho several Acts of Incorporation. As incedont thereto it is competent for tho Council to offer rewards for tho detection and arrest of offenders against the general safe­ ty of the inhabitants. But a promise to reward an officer for do-, ing that which, without such reward it was his duty to do, is void. On general principles, such a promise is without consideration,' if indeed it be not illegal, as tending to induce officers to bo tar­ dy in tho discharge of duty, under tho prospectjff^eward,, , A watchman, who whilo in tho discharge of his duty as such, dis­ covers a person in the aot of committing a mpe, eannnt royuv- i t from the cily a reward offered by it

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Recorder,                       195

24. Laws and Ordinances relating to the comfort, health, convenience, good order, and gonoral welfare of the inhabitants are comprehensively stylod “ Police Laws or Regulations.'’ And though such laws may disturb the enjoyment of individual rights, they are not unconstitutional, though no provision is mado for compensation for such disturbances.

25. They do not appropriate private property for public uso, but simply regulate its use and enjoyment by the owner; how­ ever absoluto tho owner’s right to his property, still ho owns it subject to this restriction, namely; that it must not be used so as to injure others, or seriously endanger the property of others. Tho sovereign authority may, by polico regulations so direct its uso that it shall not prove pernicious to his neighbors or theoit- izous generally.

THE RECORDER.

20. The Recorder is tho chief judicial officer of tho city r . Ho is a conservator of the poaco within its limits, and in all cases arising under tho by-laws and ordinances of tho city, ho has tho like power and authority to hoar and determine tho same and to enforce his judgments as a justice of tho Peace of tho County of Wood. His particular, dutios powers, and responsibilites will bo found by careful reference to tho body of this work; added to these ho has certain common law powers, not specified in tho statutes except by tho uso of general terms. His authority as Conservator of the Peace will bo found under that caption.

27. The general or common law powers of a justico of tho

poaco, as heroin recited, apply equally to the Recorder.

28. Every Court has power to keep the peace, and to preserve

order within its own product.

29. A Justice ought not to exercise his office in his own case. It is not safe for a man, be he ever so learned, to bo of counsel with himself in his own cause.

30. In some cases, if a justice act in his own case, ho is justified, as when ho is assaulted while in tho discharge of his official du­ ties, or abused and insulted to his face, ho may commit such of­ fender until bo shall find surety forth© peace or good behaviour. .But if any other justico bo j)yog©pt at tl}© |Jmo, it is piQro befit­ ting to requiro liis.fiid,

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196                  Recorder.

31. If a Justico exceed his authority in granting ft warrant, tho officer must execute it and is indemnified for so doing; but if it bo a ease wherein the Justice has no jurisdiction, or a mat­ ter whereof he has no cognizance, the officer ought not to exe­ cute such warrant. The officer is, therefore bound to take no­ tice of the authority and jurisdiction of tho Justice. But if would seem that tho want of jurisdiction or cognizance must clearly appear ; as if a Justice should sond a warrant to a Con­ stable to arrest ono for slander or tho like, the Justice having no jurisdiction, the offlcor ought to refuse to execute it.

32. A Justice may supersede his own order,when it hath issued

under a surprise or mistake.

33. It is always implied, as a part of natural juslico, that a party, about to be dealt with in a summary manner for an of­ fense, should first bo cited, and afforded an opportunity to bo hoard in his own defense. If a Justice proceed against a party in such a case without summoning him, it would be a misdemea­ nor.

34. In all cases, where Justices hear and determine accusations for offenses, they should mako a record in writing under their hands, of all matters dono and determined in tho premises. 35. A Justice is strongly protected by tho law in tho just ex­ ecution of his office. Thus, ho is not to be slandered or abused ; and tho words,“ You are. a rascal, a villain and a liar, "spoken of a Justico in tho execution of his ofllco wore held actionable. In such cases, the Justice may make himself Judgo, and punish im­ mediately; but if ho thinks proper to proceed less summarily by way of indictment, ho pi ay.

36. Tho true distinction is, that whore tho obnoxious words pro spoken in the prcsenco of a justice, while in the discharge of his duties, there he may commit; but whero it is behind his back the party can onlj' bo indicted.

37. A Justico is not liable to an action for what ho honestly dooth as a Judge. But in cases whero lie proceeds ministerially rather than judicially, if ho acts corruptly, ho is liable to an ac­ tion at tho suit of the party, as well as to an information at tho suit of tho State. If it appears clearly that a Justice; has boon, partially, maliciously or corruptly influenced in rendering his judgment, ho is liable to indictment, and if the malice bo gross and injurious^YPUkl liable to. civil action to the party injured.

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Recorder.                      197

38. If a Justice will not, on complaint mndo to him, execute

his office, or shall misbehave in his office, he is punishable.

39. Where a Justices commences an assault, it may he repelled and justified; for ho forfeits his protection by beginning a breach of the peace himself.

40. A Justioo lias a right to judge for himself whether the of­ fense charged be an offense within the law; and, if upon hearing tho charge opened, ho thinks it not to bo an offense within the law, ho ought not to proceed upon it.

41. Whore the City Charter authorises “Complaint” to bo made of tho violation of ordinances, without proscribing tho modo or requisites, tho sumo strictness is not required as in an information or indictment. It is sufficient if it sets out with clearness the offence charged, and the substance of that part of tho ordinance which has been violated, with a reference to the title, date and section.

[As above stated, the foregoing common law powers of a Jus­

tice apply equally to tho Recorder."]

Conservator of the Peace—His Powers.

42. The Mayor, Iteeordcr and Sergeant are conservators of tho peace within the city limits and may consequently require from persons not of good fame, security lor their good behavior tor a term not exceeding one year.

43. Tho general duty of tho conservators of tho peace by tho common Jaw. is to omploy their own and to command tho help of others to arrest and pacify all such, who in their prosonco and within their jurisdiction and limits shall go about to break tho peaco. And if a conservator of tho poaco being required to sco tho poaco kept, shall be negligent therein he may be indicted and fined.

44. A man maybe bound to his good behavior for causes of scandal centra bonos mores , (against good morals) as well as against the peace, as for haunting bawdy houses with women of bad fame or for keeping such women in his house.

45. Thus also, night-walkers; eves droppers; such as keep suspi­ cious company, or are reported to be pilferers or robbers, such as sleep in the day time and walk in tho night; common drun­ kards ; whoronuislors; the putative fathers of bastards; cheats, idle vagabonds; and other persons whose misbehavior may

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198                   Recorder .

reasonably bring them within the general words of the statute, as porsons not of (jowl fame , an expression of so great latitudo as leaves much to bo determined by the discretion of the conservator himself. (Seechapter 153, Code of West Virginia £ 1.) Bub if the conservator commit a man for want of sureties he ,must express the cause thereof with convenient certainty and take care that such cause bo a good one.

|N o t k .—C hapter 133 of tho C o c I b of West Virginia should bo rend In connection a v K.I i this. The Kamo would have been embodied herein, but tlmt some of Its sections having been modi lied by the acts o( 1873 Avero not received In time lor tli Is publication. |

4(5. Surety of tho peace can only be required whoro there is fear of present or future danger, and not for any breach of the. peace that is passed.

47. As a general rule it should lie granted in all cases if ho who demands it makes oath that ho is actually under fear of death or bodily harm or any other injury either to his person or property, which if dono would amount to an offence, and that ho does not require such surety from malftoo ; but notwithstand­ ing tho oath, if tho conservator boliovcs that surety is applied for merely of malaco or for vexation without any just cause of fear, or because tho complainant is at variance with another, ho should deny it.

48. Surety of tho peaco may also he required of all persons who having been before hound to keep the peaco, have broken it and forfeited their recognizance.

49. All porsons whatsoever, under tho protection of the com­ monwealth, boing of sane memory whether they bo natural and good citizens or aliens, have a right to demand surety of the peace.

50. A conservator of the peace may for treason, felony or broach of tho peace committed in his view, apprehend tho offender by virtiie of his office, without warrant and if any man shall make an affray or an assault upon another in his presence , or shall threaten to kill or heat or hurt another, or do any act that lias a tendency to a breach of tho peace, tho conservator may cause him to be arrested and required to find surety for keeping tho peace and commit him until such surety bo lOUBdtfffltt 51. But whoro the affray is over and in breaches of l lie peace less than felony, committed in his absence, a cimsiable cannot act upon his own authority without a warrant, Thc ,(% Sergeant,

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Recorder.                     199

boing a conservator of tho pouco “in like man nor as constables arc” (See §2. page 12) can only exercise as a conservator, such powers asconstablomay, in virtue of their common law powers as conservators of the peace.

52. ft is provided by section 9, chapter 153, Code of West Virginia, that “if any person shall in the presence of a oonsta* blc and within his county, make an affray, or threaten to beat, wound or kill another, or commit violence against his person or property, or contend with angry words to tho disturbance of the peace; or improperly or indecently expose his person; or appear in a state of gross intoxication in a public pouco ; such constable as such conservator may without warrant or other process or further proof, arrost such offending person and carry him before some justice of the township in which such offonco is committed, who upon hearing the testimony of such constable and other witnesses if any are then and there produced, if, in his opinion the offence charged be proved, shall require tho offender togivo bond or recognizance with security to keep tho peace and bo of good behavior for i. term not exceeding one year, ”

53. Tho Sergeant would have the same power and authority to act within tho city limits to bring the offender before tho .Recorder.

54. The Mayor, or Recorder , in such cases would have author­ ity, without warrant, to apprehend the offender and besides re­ quiring the bond or recognizance with security, to impose a line; and in default of such bond or recognizance being given and such fine paid to commit the offender, until such bond or recog­ nizance be given and such fine paid ; but tho imprisonment shall not continue more than ton days.

Surety for the Peace,—Surety for Good Behavior. *

55. A distinction is to bo observed between requiring surety for the peace, and surety for good behavior. They are generally understood to mean the same thing, but in law they are different for although a breach of tho peace includes a breach of good behavior yet' a breach of the latter does not necessarily include a breach of tho pence.

50. Thqform of complaint is given in Number 28. If.the of­ fending party bo present at the time of making tho complaint ho may bo required at onco by the Mayor (op other conservator) to

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200                    Affray.

enter into the recognizance, but if lie bo absent and there is just cause of fear, the conservator should issue his warrant, (See form 29) requiring the officer to whom it is directed forthwith to ap­ prehend the party complained of, showing the cause for which it was granted and upon whoso complaint.

57. This warrant may be executed by breaking doors and in the sumo manner, in all respects that any other criminal process may be executed.

58. In cases coming under the 47th section of this chapter, the recognizance must be both, for heeepityg the peace and being of good behavior. But in cases where the offender comes under what is meant by the term not of good fame ” the party may be required to find sureties for good behavior.

For forms of further proceedings after the complaint and

warrant, see numbers 30 to 36.

Affray.

59. An affray is a misdemeanor at common law, aad defined to be a fighting of two or more persons in some public place to the terror of the peoplo. Every fight betwoon two or more persons is not necessarily an affray—for if dono in a private place it amounts to an assault and battery.

60. Words alone, however quarrelsome or threatening will not amount to an affray; but thoro may be an affray without actual violence, as in case of persons going armed with such dangerous and unusual weapons as will naturally cause terror to the people, and this is said always to have been an offence at Common Law. 61. A Constable, (also a Policeman.) is not only empowered, but bound to suppress an affray which happens in his presonec, and within his jurisdiction, and for this purpose he may de­ mand the aid of others, and if they rof'uso to give him assistance they are punishable by fine and imprisonment; but ho cannot without warrant arrest a man for an affray done out of his view or hearing; for it is his duty to preserve the peace only, and not to punish the breach of it. Yet he may carry those before a Justice (Mayor or Recorder) who wero arrested by other per­ sons present at an affray, and who have thus been dcllvyaed into his liapds.

62. lie cannot lay his hands on those who barely contend with hob words without any threats of personal violence, but if such

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Arrest.                      20l

throats aro made, or if the parties arc upon the very point of en­ tering into an affray lie may cany the offender before the Justice, Mayor or J’ocordcr to find surities for the peace, and it is said ho may imprison him for a reasonable time upon his own authority till the heat bo over.

03. It is the duty of a Justice, Mayor or Eocordor, as conserv­ ator of the peace to do all things to suppress an affray, and to this end may arrest the offenders, or command others to arrest them,if the offence isdoncin hissightor hearing. But neither can without warrant, authorize the arrest of any person for an affray done, out of his own view. Yet in such a case ho can mako his warrant to bring the offender before him to find surities for the peace.

Arrest.                           4

[Nom—Whatever relates to a Justice or Magistrate under this head, applies equally to the M a y o r or U k c o j u j k h , while acting In the corporate limits of the City, and what Is said of a Constable applies also to a Policeman of the City.]

04. The first step to bo taken to procure a warrant of arrest, is to mako complaint to a Justice of the Peace, charging or showing that a criminal offense has been committed by some cer­ tain person, capable in law of committing crime. As a gener­ al rule, every person is of common right entitled to prefer a complaint, and the general presumption is in favor of the com­ petency as well as the credibility of the complainant. A Jus­ tice, however, should in no case receive a complaint upon the oath of persons who aro at the time disqualified for being wit­ nesses by insanity or drunkenness, or want of age; though as to infants, if they understand the nature and obligations of an oath, they may bo sworn, no matter how young, and their credit is left to the Magistrate to determine.

65. Upon the complaint being made, it is theduty of the Jus­ tice to examine the complainant and such witnesses, if any, as ho may produce, on oath, and to determine whether there is probable cause for proceeding farther. Ho should not proceed in any case upon the complaint, solely because such complaint has boon made, but should endeavor to inform himself of the true nature of it, and if he has good reason to suspect the in­ tegrity of the person sworn, ho should sift the examination with greater diligence and caution, lest ho should bo made the in­ strument of gratifying revengeful feelings.

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202                   Warrant.

06. A warrant May bo granted upon well grounded suspicion, but no warrant of arrest ought to bo issued upon the mere sus­ picion of a complainant or any witness, although authority may be found seeming to sanction it. The Justice should not regard mero allegations of suspicion, but the grounds of suspicion, 'flic facts and all the circumstances upon which that suspicion is founded, must be laid before him ; lie. is to be satisfied wheth­ er the suspicion that a crime has been actually committed, and that there is probable cause for charging the person complained of with being the offender, is well founded, and in the language of Lord Hale, “it is then the Justice’s suspicion.”

67. It is the duty of the Justice to consider well and impar­ tially wlvat is sworn to, and not to grant a warrant, without such reasonable cause as might lead a discreet and impartial man to 'suspect the party guilty, or that there is probable cause to suspect him guilty. If upon hearing the complaint upon oath, ho should think the matter complained of ought to be proceeded in, ho should promptly grant a warrant. It is his duty to do so, and when in a ease over which ho has jurisdiction, lie impartially grants a warrant on complaint Or information on oath, no mere error of opinion or judgment will render him liable. He is bound to act in such case, and it would be against both policy and justice if tho law should suffer him to bo punished, or hold him liable for damages because ho did not decide correctly. 68. Before granting a warrant, the statute requires that tho complaint should be reduced to writing and signed by the com­ plainant. Warrant.

69. A warrant is a precept under the hand and seal of some public functionary having the power to award it, to some officer to arrest an offender, or to seize or distrain upon his goods, to bo dealt with respectively in either case according to duo course of law.

70. It is clear that a warrant of arrest may be lawfully granted by any Justice of the Peace for treason, felony, or any other offense against tho peace, committed within his jurisdiction, in- order to compel the person accused to appear befqro bim, and it is well settled, that whenever a statute gives to,,any.-Justice jur­ isdiction over any offense, or a power to require a person., to do

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Warrant.                     203

'a certain thing ordained by such statute, it impliedly gives a power to every such Justice to issue a warrant to bring before him any person accused of such offense, or compellable to do any thing ordained by such statute.

71. Bub as a warrant deprives a man of his liberty, a summons is the proper process and not a warrant (unless otherwise direc­ ted by statute) where the punishment is merely a pecuniary fine. Upon default of appearance on the summons, the Justice may proceed to force his appearance by warrant if necessary ; but it is not proper to arrest a party accused before an indictment is found or presentment made against him, except in cases of felo­ ny, breach of the peace, or for misdemeanors directly tending lo produce great and immediate evil, or involving an attempt to commit a felony, unless the Magistrate has strong reason to be­ lieve that the accused intends to fly from justice.

72. A general warrant to apprehend all persons suspected, is no less against law than reason. The warrant must specify both a particular person and offense. This principle of the Com­ mon Law is re-affirmed by the Bill of Rights and by the statue. 73. It has been already stated, that a Justice may grant a warrant to apprehend a person suspected of felony, if. the cause of suspicion in his opinion be reasonable and well founded ; and the reason of it is, that Otherwise offenders would escape un-ox - amined; for a man may have a strong and probable presump­ tion of the guilt of a person whom lie cannot swear positively to be guilty. But a warrant in a criminal ease ought not to be granted upon common rumor and report only of the party's guilt, even where thoro is danger of his escape before witnesses could bo summoned to enable the Magistrate to issue it on oath : though general rumor attended with circumstances of probability, may bo relied on ; nor should it bo granted on the oath of an incompetent witness, as upon the evidenco of an in­ sane] or intoxicated person, or upon the oath of a convicted felon.

71. .In regard to the form of the warrant, the Justice will ob­

serve :

1. That ii. warrant of arrest ought to state the county or city where it is made. This is usually done in the margin at the oomnioncomept,,as thus, “Wood County, to wit.”

2. It must sot for.tli the year ami day when it was issued, that

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204                   Warrant.

it may appear in an action brought upon the arrest by virtue of it, to have been prior to the arrest, and Unit in cases whore the statute requires the prosecution to bo within a certain time, it may appear that the prosecution is commenced within that time.

3. It ought to bo directed to the Sheriff, Sergeant, or Con­ stable, though it may bo directed to an indifferent person by name, who is not an officer, for the Justice may authorize any ono to be his officer whom he pleases to make such. Yet it is most advisable to direct it to an officer, because no privato per­ son can be compelled to execute it.

4. It may be either in the name of tho Justice, or in the name

of the State.

5. It should bo under the hand and seal of the Justice, (by tho authority both of Hale and Hawkins.) But it seems by more piodern and equally high authority, that a warrant under tho hand of a Justice is sulficient without being under his seal, un­ less particularly ri ' cd by an act of the Legislature. In this State, it is the practice, and therefore the safest cours6, to issuo it under seal; though it soems a warrant under tho hand only of a Justice is sufficient.

6. General warrants, as before remarked, are oppressive and against law, and every warrant ought therefore regularly to mention the name of the party to be arrested, if his name be known, and must not be left with blanks to be filled up by tho parti/ or officer afterwards. If the name be known, it (■

accurately stated, and if tho name inserted bo not the right name, the arrest by virtuo of the warrant cannot bo justified, unless indood the party is known as well by the namo in tho warrant as by his true name. But it may bo, that tho name of the party is unknown, and in such case, tho warrant may bo issued against him by the best description that can be given of him, or that tho nature of the case will allow, and should bo. to arrest “tho body of a man whoso namo is unknown, but whoso person is well known,” and then to proceed with the most accu­ rate description of tho person that can bo given.

Regularly, every warrant of arrest granted by a Justice, for a crime, or a breach of tho peace, ought to comprehend the special matter and charge upon which it has been granted. The cause of the arrest should be shown with certainty on tho face of the

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Arrest—llow made.                 205

warrant, in order to show the jurisdiction of tho Magistrate granting it; otherwise it would bo insufficient. But it is not ex­ pected, nor is it necessary that a Magistrate, in framing a war­ rant, should state the oiFonse with the same technical accuracy that is required in an indictment. Tho statute only requires that tho warrant should recite the substance of tho offence. 8. The warrant of a J ustice is not returnable at any particular time, but remains in forco until executed and discharged. It fixes no particular time when tho party is to bo brought beforo the Justice, because it is uncertain at what time he will be ar­ rested; but it commands the officer forthwith to arrest and bring tho party beforo him. It may issue to bring him before tho same Justice who granted it, and then the officer is to bring him beforo that Justice, or it may be to bring him beforo any Justice and then it is in the election of tho officer to bring him boforo what Justice of tho county he thinks fit, and not in tho election of the prisoner. But in tho exercise of his discretion, the officer must be governed by legal discretion ; for he will not bo justified in dragging tho prisoner to a great distance, when another Jus­ tice is near at hand,

Tho jurisdiction of a Justice extends no farther than tho limits of his county, city or borough, in issuing warrants of arrest. Ho can, therefore, issue no warrant when beyond the limits of his county.

Arrest—(who liable to, and how made.)

75. The term arrest applies both to civil and criminal proceed­ ings. It is in tho latter sense that it is referred to here, and sig­ nifies tho apprehending and restraining of tho person of an in­ dividual, in order to bo forthcoming to answer an alleged or suspected crime or offence.

To such arrest all persons without distinction are liable. Tho exemption from arrest in civil cases does not exist here, nor do tho various privileges extended to members and officers of tho Legislature or any others, exempt them from arrest in criminal prosecutions.

As a general rule, it may be laid down, that every individual before indictment found, may bo arrested in every case of trea­ son, felony or actual breach of the peace, and such misdemeanors or offences as subject the delinquent to corporal punishment.

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206             Arresi—how mcido,

It may be in any place, in tho night as well as in the day, and on Sunday, in order to prevent the eseapo of tho party. As to tho manner of making an arrest, it is stated by Mr. Chitty, that “ to constitute an arrest, the party against whom the process is awarded, must be either actually touched by the officer, or con­ fined in a room, or must submit himself, either by words or ac­ tions, to be in ousted}', and tho mero giving charge , or causing him voluntarily to appear beforo a Magistrate, without the per­ son’s being taken into actual custody, will not amount to an ar­ rest; for baro words will not, in this respect, be of any avail.— But no manual touching of the body, or actual force is necessary in order to oonstitituto an arrest and imprisonment. It is suffi­ cient if the party is within the power of the officer, and submits to tho arrest.

Concerning the authority by which a person may bo arrested, it may be, 1st, by a warrant; 2d, by an officer without a war­ rant; and 3d, by a private individual, and without a warrant. If it bo by a warrant, directed to a peace officer, as to a Sheriff or Constable, he must, with all speed and secrecy, find out tho party and execute the warrant, and in discharge of this duty, ho may take of tho county (posse comitatus ) any number of persons that he shall think necessary, to pursue, arrest and imprison tho party charged. But to do this there must be apparent and suf­ ficient cause, and if he refuses and neglects to execute the war­ rant, he will bo punishable for such disobedience and neglect. If tho warrant be directed to all or any one of the Constables, any one of them may execute it in any part of tho county in which it is issued ; his authority in this respect being co-ex tens­ ive with the jurisdiction of tho Justice. The officer should at­ tend oarofully to tho command of tho warrant with respect to tho person to bo arrested, for if he take a different person for the one named in tho warrant, ho will be a trespasser. So, also, he should be careful to see that the warrant shows on its face that it is issued by ono having competent jurisdiction and au­ thority.

76. The party to be arrested should have duo notice,, of tho officer’s business and authority to arrest him, unlesyi.* i.f previ­ ously acquainted with the business on which tho oljffier comes to him, and therefore, the officer serving the warrgni;,,

ways acompany the service with words of arrest.,p If tho-war-

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Arrest—how made,                 207

rant in served by a private individual, lie should show it if de­ manded, and oven officers, if they are not commonly known, should shew their warrant on demand made. But sworn and known officers, acting within their jurisdiction, need not show their warrants. Yot all persons making an arrest ought to ac­ quaint the party with the substance of tho warrant. In no case, however, arc officers bound to part with tho possession of their warrant, for that is their justification, and this rule applies to all persons charged with tho service of process of arrest. To this rule of the Common Law, the statute makes somo excep­ tions; as under the third section before citod, where a party is arrested in one county for a misdemeanor committed in ano­ ther, and gives bail for his appearance, then the warrant is to bo transmitted with the recognizance to the court of that county in which tho offence was committed.

It is certainly the safer course in all cases, even of sworn or known officers, to show tho warrant when demanded, though this is not necessary to tho validity of tho arrest, but will ofton- times prevent resistance.

77. If a felony or other breach of the peace bo committed in tho presence of a justice of the Peace, lie may in his own person apprehend the offender ; and may by words command any per­ son to apprehend him, and such command is a good warrant without writing; but if tho felony or breach of the peace bo done in his absence, then he must issue his warrant to apprehend the party. Sheriffs also have power to arrest for felony commit- tod in their presence and for a capital offence, may arrost on a well grounded suspicion, though the guilt of the party suspect­ ed is not certain ; and if the sheriff is assaulted in the execution of his official duty, he may, apprehend the offender and keep him in prison for a reasonable time, to be carried before a Justice of the Peace to bo committed or find bail to answer the offence. A Coroner is a conservator of the peace in relation to all felo­ nies and in person may arrest or cause another to arrost any felon. It is safer, however, in all cases to obtain a warrant to arrestTor any offence done in the absence of the officer, when lime will allow. Where the Magistrate is not present when a

tted he ought not upon mere discretion to send the party accused to prison, but upon due consideration of ovi- d ehco adduced Indore him and in case ho has notice or aparticu*

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208             Arrest—how made.

lar knowlodgo that a person lias been gulity of an offence, yet it is not a sufficient ground for him to commit the criminal, but in that case he is rathora witness than a Magistrate, and ought to make oath of the fact before some oilier magist rate, who should thereupon act the official part by granting a warrant to appre­ hend the offender, it being moro fit that the accuser should ap- poar as a witness than act as a Magistrate. ISor is a Justico or any officer justified in an arrest without warrant for any offence less than felony committed in their absence.

78. A Constable may justify an arrest without a warrant on a reasonable chargo of felony made to him by another person, al­ though it turn out that no felony was committed by any one. But in general, a Constablo cannot any moro than a private individ­ ual, of his own accord, and without an express charge or warrant, justify the arrest of a supposed offender upon suspicion of his guilt, unless ho can show that a felony was committed by some one, as well as the reasonableness of the suspicion that the party apprehended is guilty ; and although ho bo justified in an arrest founded upon the suspicion and charge alleged by another, he ought scrupulously to enquire into the causes of the suspicion, and oven in all such cases it is advisable to obtain a warrant un­ less in cases offelony, where the party would otherwise make his escape before the warrant could be issued. In cases whore tho arrest is made upon the chargo of another person, and without warrant,the party suspecting and making the charge should be present at the arrest.

71). Whenever a felony is committed in tho presence of a pri­ vate individual, the law enjoins upon him the duty of arresting tho felon upon pain of fine and imprisonment, if tho felon make his escape in consequence of his negligence, and in such a caso the arrest is justified, whether thero bo time to obtain a warrant or not. Although it is tho duty of every citizen to aid an officer demanding his help in arresting a felon, yet it seems that ho is not bound himself to arrest any person for felony unless tho of­ fence bo committed in his presence, but it permits private per­ sons to arrest in other cases, as upon an indictment found for felony against a parly, a privato person may arrest the offender. So ho may arrest without warrant upon probable suspicion, if a felony has actually been committed by some, one, whom he suspects to bo guilty. But before he makes tho urresUfcn such case, lie

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Arrest—how made.

209

must be sure that a felony has boon actually committed, and if it then can bo proved that there was a reasonable ancl probable ground for suspicion (against the party arrested,) he will not bo liable to an action though it should bo afterwards proved that the party charged was innocent. But the bettor course is for a private individual to obtain a warrant in all cases unless the of­ fence bo committed in his presonco, or unless ho is otherwise certain that a felony has boon committed by the porson arrested and thcro is not time before the offender escapes.

80. A private porson will not bo justified in breaking doors

without a warrant unless the offence was commitcd in his pres­ ence. In such a ease the offender and offence are cortainly known and to justify him in breaking doors without a warrant, there must not only be a lelony committed, but the party arrested must be found guilty; for if' lie bo innocent, although suspected upon roasonablegrounds, the breaking will not bo justifiable. No private person of his own authority can apprehend another for a breach of tho peace after it is over, for as an officer .cannot jus­ tify such an arrest without a warrant, a fortiori , it cannot be done by a private person. It is every man’s duty to interfere for the preservation of tho peace or to prevent crime; for this purpose he may lay hold of any individual whom ho shall soo on the point of committing a felony or of doing an act which will manifestly endanger tho life of another; and upon tho same principle of ‘preventing crime , he may lawfully lay hold of a lunatic who is about to commit mischief, which if committed by a sane person would constitute a criminal Offence; and thus upon tho samo principal, ho may break into a party’s houso and imprison him to prevent him from murdering another. When a private per­ son has another for felony, ho may deliver him to a Constable or take him to jail, but the better course seems to be to talco him, as soon as circumstances will permit,' before a Mag­ istrate, to bo examined, bailed or committed to prison. And when a privato person has apprehended another in tho heat of an affray, ho may lawfully detain him until tho heat is over and then, deliver him to a Constable.

81. As if, breaking doors to make an arrest. Tho law never al­ lows, of extremities but in cases of necessity, and it must there­ fore be remembered, that in evory caso whore doors may bo bro­ ken open in order to arrest a party, whether in cases criminal or

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210             Arrest—how made.

civil, there must be a notification to those ■within, by tho officor or other person making tho arrest, of the cause of tho coining, and a demand of admittance and a refusal of such demand, be­ fore he can prococd to that extremity, and if the Constable have no warrant, a notification ofhis authority is tho more necessary. Where one is certainly known to have committed treason or felony, or to havo given a dangerous wound, and ho is pursued by a Constable or private person, either with or without a warrant, doors may be broken open for his arrest, upon proper demand for admittance and its refusal.

82. As to tho right of a Constablo to break open doors upon a suspicion of felony without warrant, there is a difference of opinion among tho writters on Criminal Law. In Lord Halo's Pleas of tho Crown, it is hold, that where a charge of felony was laid before a Constable, and there was reasonable ground of suspicion, tho Constable was justified in breaking open doors and was punishable for omitting to arrest a party under such circum­ stances. Whether tho Constable bo punishable or not in such case, doponds upon the correctness of the position taken by Lord Hale. The law as laid down by him is in direct conflict with other authorities of equal weight: Sir Michael Foster, (who was novor favourable to the escape of felons.) in his Treatise on Crown Law, says, “that baro suspicion touching the guilt of the party will not warrant a proceeding to this extremity,■though a felony has been actually committed, unless the officor comcth armed with a warrant from a Magistrate grounded on such suspicion.” The law thus stated by Foster is quoted with approbation, and made a part of the text, by tho most approvod writers on Crim­ inal Law. But Mr. East, after quoting the abovo passage from Foster, adds, “it will bo at least at tho peril of proving that tho party so taken on suspicion was guilty,”—thereby putting tho Constablo upon no higher grounds in this particular than a pri­ vate person, who, as we have already seen, may break open doors when ho certainly knoius, and can prove that a felony has been committed and that tho party arrested is guilty. In such ease,, doubtless, tho Constable may also justify his proceedings, be­ cause in oithor, tho party is not acting on more suspicion, cith.ci* as to tho commission of tho folony, or the person .jcqmmilling it, but upon certain knowledge as to both. This qualification still

leaves unreconciled this conflict of authority,. and wo venture to

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Arrest—how made.                 211

oxpross our concurrence in the rule laid clown by Mr. Foster, (which is more in accordance with the Bill of Eights and genius of our government.) and adviso that a Constable ought not without a warrant, upon mere suspicion, to break open doors to make an arrest. It is certain that ho may do it upon the posi­ tive information of one who was actually a witness of the fclo- 113'. A private person without a warrant may break doors and outer the house of another to prevent him from murdering an­ other who is within and cries out for assistance.

83. As to breaking doors under a warrant. It is now clear that in all cases under a warrant for treason, felony, suspicion or ac­ tual breach of tho peace, or to search for stolen goods, doors may bo broken open after notification of tho business, demand of en­ trance and refusal, if tho offender cannot otherwise bo taken, and in theso eases tho warrant is a complete justification to tho person to whom it is diroctod, acting in good faith under it, oven though tho party accused shall prove his innocence.

84. Tho question as to tho power of breaking open doors is confined oven in civil cases to outward doors and windows, such aw uro intended for tho security of tho house against persons from without, ondeavoring to break in. For if tho officer find the outward door open, or if it be opened to him from within and ho enter that way, ho may then broalc open any innor door if ho find that to bo necessary to cxeouto tho process.

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FORMS FOR PROCEEDINGS,

OK A

CRIMINAL AND OF A CIVIL CHARACTER,

BEFORE THE RECORDER.

In all cases arising under the By-laws and Ordinances of the City, tho Recorder has the like authority to hoar and determine, and to enforce his judgment thereon, as a Justieo of tho County of Wood, could or might have. (§ 5, Chap. I, Title i.) He may issuo his warrant authorizing and requiring distress for taxes, (Act of March 20,1842) and within tho limits of tho City may exercise all thocriminal and police powers and duties which a Jus­ tice of tho County of Wood may lawfully exercise. Ho shall have exclusive original jurisdiction to hear and determine all complaints for violation of the laws or ordinances of said city. “Ho shall issue his warrant to summon or apprehend tho persons charged therewith, and to impose such penalty and punishments as are prescribed by said law and ordinances. He shall have exclu­ sive and original jurisdiction to hear and determine all actions for money claimed by or from said city when the amount does not exceed One hundred dollars.” (Act of Feb. 7,1870) The May­ or maj r act if from any causo the Recorder is disabled from act­ ing. Appeals may bo taken when a fine is imposed or a judg­ ment rendered for more than ton dollars, (see same act.) In civil actions for money , it is only in cases where the city is a party that the Jlecorder can act: except that tho Commissioners of Streets may recover by warrant, beforo tho Recorder, his fees. (See Title 10, (..'bap. V., Sec. 3.) It is presumed that if such claim air^unts to $20 or more, tho case can be removed before

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214                      Jforms.

trial to tho County Court, tho saino as in similar casos brought before a Justice.

The Recorder should keep a Journal or Record of all cases tried by him, entering therein tho names of the parties, the char­ acter of tho case, tho date of trial, names of witnesses, amount of fine or penalty imposed, amount of costs, and in civil eases, brought for money, where the city is a party, the amount of judg­ ment, date from which interest, (if any,) runs, an entry of all process issued, items making up the costs, to whom paid, sums of money received, and, in short, his ■record should present a com­ plete and true history of all his official acts.

FORMS FOR PROOF WRINGS OF A CRIMINAL

CHARACTER.

No. 1.

NOTICE to owner, occupier or agent of Town Lot, that he is re­ quired to pave foot-way, or Sidewalk. (Sec. 20, Chap. V, Ti­ tle 1.)

To A. B. Sir, You are horoby notified that you are required by tho Council of the City of Parkersburg to pave tho sidewalk on tho ......... side of ............. Street, in said City, facing ................ foot upon said Street, and on failure to do so for the period of .............. days next ensuing tho date hereof, said Council will cause the same to be done, and recover the expense thereof, by distress and sale in tho same manner in which taxes upon real ostato for (ho benefit of said city aro authorized to be collected.

Parkersburg------------ 18—.

By authority of tho City Council.

[Copy to be served by SergM|t,j

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Forms.                       215

No. 2.

Notice to owner of Lot to fill up or drain the same, tO c.

(See. 24, Cli|p. Y, Title 1.)

To. A. B.

Sir: Notice is hereby given you as being the owner, (or occu­ pier, as the case may be,) of a certain piece of ground in the City of Parkersburg, situated (here describe its situation) which is sub­ ject to be covered with stagnant water, or, [on which offensive and unwholesome substances have accumulated] that you are required, by the Council of said City to [lure state what the Coun­ cil requires him to do], and in ease of your failure or refusal to comply with the requirements of this notice for the period of ......... days next ensuing tho date hereof, tho said Council will cause tho same to bo done, and recover tho expense thereof by distress and sale, in tho sumo manner in which taxes upon real estate for the bonofit of said city are authorized to bo collected [Date]

By authority of the City Council.

N o t h .— 1 The foregoing forms may bo readily adnplod to tho many onset), whore notice is to bo given to a person, notifying him that ho Is required to do a thing, or Unit it will bo done by Oily authority at bis expense.]

No. 3.

Special Form of Complaint.

A. B., a citizon of ...... upon oath, says :

That C. .D., who is the owner, [or occupier,] of a lot or a par- col of ground situated on ................ Street, in the City of Park­ ersburg, [hns-permitted and does now permit, a quantity of of­ fensive and some garbage and filth to accumulate and remain on 'the lot aforesaid. ............... or did put and placo upon ............ Strocl, or in and upon .................. alley] in said City, [a 'fttfi^MlM^hcs, shavings, slops rubbish and filth,] and does now suffer tho smug,.there to bo and remain, contrary to tho or-

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216                       Forms.

diimnces of said City, against such offences ordained. [Date]

A. B.

Sworn to and subscribed beforo mo this .... day of .....................

No. 4.

General Form of Complaint.

A. B., upon oath, says that C. P. did on tho ...................... day of .................................... in tho City of Parkersburg, [hero stato, with all possiblo accuracy, the offense complained of, and as nearly as tho facts will allow, uso tho words of .the particular ordinance that has been violated,] contrary to tho ordinances of said City against such offences ordained.

[Date.] A. B. Sworn to and subscribed before mo this .... day of ......................

No. 5.

Form of Complaint in Special Cases.

(As for violations of sections •'! unit I, Clinp. II. Title I.

A. B., upon oaih, complains and says that C. t D. did, on tho

....day of ................. 18____and .for... .days beforo that time, and for .... days sinco that time, suffer a certain vicious ox,

(or other animal,) of which ho is the owner, to go at largo and remain without a keeper, in tho streets and alloys, and un-incloscd ground of tho City of Parkersburg, ho, tho .said C. D. having previously known, (or having been previously warned,) of tho vicious and dangerous propensities of said animal.

A. B.

Sworn to and subscribed beforo mo this .... day: of ....................

18 ....

[Thisform of complaint may bo varied touapply to tho case

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Forms.                         2l7

of‘running or galloping ahorse,” within tho City, “or firing a gun;” “playing at long bullets, or other dangorous game;” “playing at foot ball or bandy, in the public square, streets or alleys“casting into any street, or alley, any stable dung or litter;” “Suffering rotten vegetables, putrid meat, carcasses of animals, or other offensive matter, to remain upon premises, &c.” Tho form of Warrant No. G, may bo adapted to all similar

complaints.

No. 6.

Form of Warrant. City of Parkersburg, Wood County, to wit : To tho Sergeant or any Policeman of said city:

A. B., a citizen of ................ .................... having this day made     a

and information on oath bofore me, ................................. tho Re- cordor of said city, that C. D. on the... .day of .................. 18... in said city, did [, here state the matter complained of, as nearly in the language of the complaint as posiblef] contrary to the ordinances of said city against such offences-ordained.

These are therefore to command you in tho name of said city by authority of the State of West Virginia, to apprehend and bring before me, the body of the said C. .1). forthwith, to answer tho said complaint, and to bo further dealt with according to law.

Given under my hand and seal this... .day of .................... 18..

.................... Recorder. [Seal.]

I For Form oi' JudgmonUnd further proceedings under this Warrant son Form

No. ’20-27]

No. 7.

Form of Search Warrant.

State of West,Virginia, Wood County,

to

To th y c Sergea%$M any Policeman of said city:

Whereas, A. B. of the said city this day made complaint, and

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218                      Forms.

information on oath before mo, ............................... the -Recorder of said city that on, or about the .... day of ......................... 18.. in the said city [ (one coat, one gold watch, and one pocket book, H&" describing property stolon ns accurately as possible,) of the goods and chattels of ............................... were feloneously taken, stolen and carried away from him by one C. I), (or if tho thief bo unknown, say,by some, person unknown,)] and that ho hath just causo to suspect and does suspect, that tho said goods are con­ cealed in (here state where they are concealed, as, in the dwell­ ing house of the said 0. D.) in said city.

These are therefore to authorize and require you in the name of the City of Parkersburg, acting by authority of tho .State of West Virginia, with necessary aid to enter, either in tho day timo or in the night time, the said dwelling house (or other build­ ing or place designated,) of tho said C. .1). and there

search for said goods. And if the same or any part thereof shall bo 1'ouifd upon such search, that you bring tho said goods, and also the body of the said C. D., or of the person in whoso pos­ session they arc found, before me, to be disposed of and dealt

with according to law.

Given under my hand and seal this .... day of .................... 18....

............................. , Recorder, [Seal.]

N o t h .— 1 Tills form may l>o adapted to oases of embezzlement, or obtaining goods by false pretences, by leaving out all between the brackets l J and slating tbe of­ fence tints :

“1)1(1 felicitously embezzle (htri nttmt tilt froferu rmttxxleJ,) ol tile goods and proper­

ty of-------------- or, in tbe ease of obtaining goods by false pretence say, “did fel­

icitously ami fraduently obtain by false pretence (litrt nami tht proptrty to obininnl) o( the goods and property of------------------- ”

Wo It Is proper In all eases for the person who makes the complaint, to accom­

pany tho officer In tho search, so as to Identify the thing searched for.

Wrt'Tho Recorder should lie careful to eon lino tho search to tho particular place

or places, where I he parly swears he has reason to suspect the goods arc concealed

A general warrant to search all suspected houses is illegal on Its face.

GiiAPTEit 155 of the Code of West| Virginia spec I lies how, when and for what things search warrants may be Issued ; how the warrant is directed, what II is to command, and what is to be. done on seizure of 1 ho property. The authority t here conferred upon the Justice, is presumed may bo exercised by the Recorder with­ in the limits of the city.

Ry tills chapter If will be seen, that to authorize the Issuing of asearch wurrfuit

three things are necessary.

1st. There must bo complaint made on oath, Unit personal propofty, has befii

stolen, embezzled or obtained by false pretence.

lid. That II is believed to be concealed In a particular houseor.mhef^Mi^anii—. 3d. The Justice must be satisfied that there is reasonable cause for such belief.

On like complaint on oath,if satisfied that there is reasonable cause therefor, lie shall Issue a warrant to search speellled places for the I'oUo.w^ngtilings:' WWdjfi

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Forms.                         219

1st. Coniiterfeitor spureouscoln, forged bank notes, and other Instruments or

writings, or any tools, machines, or materials for making them.

2d. Any books or other thing containing obscene language, or any print, picture, figure, or description, manifestly lending to corrupt the morals of youth, intend­ ed to ho sold, loaned, circulated or distributed, or to be Introduced into a family, school or placo of education.

8d. Lottery tickets, or materials unlawfully made, provided or procured for draw­

ing a lottery.

•lib. Any gam ing apparatus or implements used or kept and provided to housed

In unlawful gaming, or in any place resorted to tor unlawful gaming.

»»>• It is not necessary for the magistrate's (or Recorder's) Justification in issu­ ing the warrant that the party applying for if should swear foiiiivtly that the often* ce which is the ground of the application, inis been actually committed ; as for instance In larceny, it is suillctont if lie swears that lie has reason to suspect .that the property has been stolen.

The party who makes the charge, if lie has no reasonable ground of suspicion

is alone responsible to the party agrieved.

The Justice (or Recorder,) however must he satisfied that there is reasonable cause for such belief/ Ordlnarly the sworn statement of a credible person that he (the person) “has reason lo suspect the property lias boon stolen,” would be sulll- cient lo satisfy the mind of live J uslico.

»•♦>' Upon the return of such a warrant if it appear that the goods seized by the ollleer were stolon, they should not lie delivered to the owner, but deposited In some legal custody by the authority of the Recorder, to bo used as ovi#mee, for the party to whom they belong, can only have restitution by Indicting and con­ victing tho offender; or by proving his title on tho llual trial of tho accused.

If tho party in whoso possession tho stolen goods were found, was ignorant of tho theft, lie should ho discharged, hut the Recorder should recognize him to givo evidence against him who stole them. But if it appear that he knew they were stolen and that ho was not himself the thief, the Recorder should either commit him or bind him over to answer for the felony in receiving stolon goods, knowing them to have boon stolon.

©O' Lord Hale In bln pleas of the crown, (Vol. II. p. 150) lays down the following

rules respecting search warrants.

1. They arc not to be granted without oath made before the Justice of a felony committed, and that the party complaining hath probable cause to suspect they are In such aliouso or place, mid doth show his reasons for such suspicions. ( 2 Halo 150.)

A general warrant to search all suspected places is not good, but only to search In such particular places, where tho party assigns before the Justice Ills suspicions and tho probable cause thereof, for these warrants are Judicial acts, and must he granted upon the examination of the fact.

2. It Is 111 , (hat such warranls do express, that search bo made In Ihe day time, and though they may not he unlawful without such restriction, yet they are very inconvenient without it for many times, under pretence] of search made in tho night, robberies and burglaries have boon committed, and at host It creates great d isturbance.

[N o t h .—O ur statute authorizes their execution either In the day time or in tho night time, (Code of West Virginia, chap. 155 see. J.) In the absence of special rea­ sons to tho contrary, It Is advisable to have such warrants.executed in tho day time.)

3. Thoy.ofight to bo directed to constables or other public officers, whereof the

law takes nothjeiuiid not to private persons.

jjSkjlijii' Search U'urnnif.s .should he Executed.

1. Whether th^stoieii goods are in the suspected house ,or not, the officer and

llmi<'in.ay enter, the doors being open to make search

and It is justifiable by iRa warrant.

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220                       Forms *.

2. If the door bo shut, ancl upon demand it be refused to bo opened by thonl

within, if the goods be in the house the ollloor may break open the door.

3. If the goods be not in I lie house, yet 11 seems the olilcor Is excused that breaks bpnn tlio door to search, because he searches by warrant, and could not know whether the goods were there till search was made; but if seems that the parly Mint made the suggestion is punishable in such caso, for as to him, the breaking the door ISJaivful *r unlawful, to wit, lawful if the goods are there, unlawful if they are not.

ARTICLE IV. Amendments to the Constitution of the United States.

Provides, “ the.riglit of the people to be secure in their person, houses, papers and effects, against unreasonable searches and seizures shall not bo violated, and no warrant shall issue, but upon probable cause, supported by oath or aflirmalion and particularly describing the place to be searched, and the persons and tilings to bo soized.

ARTICLE III’. Sec G of the Constitution of West Virginia contains the

same provision.

No. 8.

Form Search Warrant for obscene books, prints, cfro.

State of West Virginia, Wood County,

City of Parkersburg,to-wit:

To the Sergeant, or any Policeman of said City:

Whoroas, A. B., of said city, has this day made complaint and information, on oath, before me, ............................... . the .Record­ er of said city, that ho has good oauso to believe, and docs be- liove, that C. D. has in his possession, in said city, certain books containing obscene language, entitled,- (here state the title or name of the hooks) or. certain obscene and indecent prints, pictures, figures, representing, (here state what they represent), manifestly tending to corrupt the morals of youth ; and which are intend­ ed to he sold, loaned, distributed and circulated by him, and that tho said A. B. has good cause to believe, and does believe that the said books, or prints, figures Ac., are in .ire state whore they are, as dwelling house, store, &o.,) of the said C. I)., in said city ; and, being stisfied that there is reasonable cause for such belief : These are, therefore, in the name of tho city of Park­ ersburg, acting by authority of the State of W» st Virginia to command you, with tho necessary and proper assistance, id en­ ter in the day-time, (or “in tho day or night-time” udeorciing as the Recorder may doom proper,) tho (here nmnlioiPtho house or i

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Forms.                      •221

place whore they nro kept) and there dilligontly to search for said books, (or other things mentioned in complaint) and if the same, or any portion of them shall bo found upon such search, that you bring the same, and also the body of the said C. D. bo- fore me, to bo disposed of and dealt with according to law. Given under my hand and seal this_____ day of ................. 18..

............................................ . '.Recorder. [S e a l .]

No. 9.

Form of Warrant to search for counterfeit coin , forged

bank notes, and other instruments or writings.

State of West Virginia, Wood County,

City of Parkersburg to-wit:

To the Sergeant or any Policeman of said City.

Whereas, A. Ik, of said city, has this day made complaint and information, on oath before me, ............................ . the Rocordor of the said city, that ho has good cause to suspect, and does be­ lieve that C. D. has in his possesssion certain pieces of coun­ terfeit and spurious coin, of the similitude of the legal coin cur­ rent in this State, called half dollars, (or whatever coin it is,) and that ho, the said A. B., has also good cause to suspect, and does believe, that said pieces of counterfeit and spurious coins, are concealed in the dwelling house, (or whatever else it may be—let it be stated according to the fact,) of the said C. i). in the said city: These are, therefore to command you, with nec­ essary and proper assistance, to enter in the day-time, (or to en­ ter in the day or night-time, according as the Recorder thinks proper), into the dwelling house of the said C. I), (or whatever other building or place is mentioned in tho complaint), in tho gaid city, gnd there diliigently search for tho said counterfeit and spuriouayoin ; and if tho same, or any part thereof, shall bo found upoiijifcjch search, that 3 ’ou bring tho same, and also.tho body of the said 0.1). before me, to bo disposed of and dealt with according to law.

and seal this .... day of ................... 18..

............................................. K cm-diT. (S::.\i..j

17

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222-                      Forms.

N o t e .— It Is not necessary to specify tlio particular denomination of the coin, but It Is bettor to do so If It can be done, as It will cull tlio attention of the oillcor more directly to the tiling Rear died for.

The foregoing Forms may bo readily varied in cases requiring search to bo made for the other things mentioned in the Statute : lottery tickets, gaming ap­ paratus, &o. The caution to be observed Is, that the thing searched for and the house or pluco to be searched, should be as particularly described as possible.

No. 10.

I

Form of Judgment or Order upon the hearing of search

warrant.

C it y   of   P a r k e r s b u r g   C Upon a warrant to search for stolen

vs. property.

C. D. .(Issued by me, the .... day of ... .18..

II. C. C., Sorgoant, (or policeman,) of said city, charged with the execution of said warrant, this day returned tlio same and brought boforo mo the body of C. D., named therein; also the following property, to-wit: (hero name the property) alleged to have been stolen. Upon a full hearing of the case, it is consid­ ered by mo that the said C. 1). be required to enter into a recog­ nizance of bail in the sum of 8 ................ with good surety in tlio like sum. Conditioned that the said C. I), shall personally ap­ pear on the 1st day of the (here designate the first ensuing term of court whether county or circuit court, at which the Grand Jury is to appear) to answer an indictment to be prefered against him, for larceny. '

[If the accused Is unable to give the ball required ho is to bo committed to the

Jail of the county.]

No. 11.

Form of Mittimus.

State of West Virginia, Wood County.

City of Parkersburg, to wit:

Toll. 0. C. Sergeant, (or .................. Policman ) of said city, and to

the keeper of the jail of said city and county.

These are to command you the said Sergeant, (or you ............... the said Policeman) in the name of the city of Parkersburg act-

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