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ACTS OF 1907.

CHAPTER 1.

(House Bill No. 308.)

AN ACT to amend and re-enact section two of chapter two of the

acts of one thousand nine hundred and five, which act amended and re-enacted chapter forty-four of the acts of one thousand eight hundred and eighty-two, entitled “An act to incorporate the city of Benwood in the county of Marshall, as amended and re-enacted by chapter eight of the acts of one thousand eight hundred and eighty-five, as further amended and re-enacted by chapter twelve of the acts of one thousand eight hundred and eighty-nine, and as further amended and re-enacted by chapter sixty-three of the acts of one thousand eight hundred and ninetyfive."

(Passed February 18, 1907.

Approved by the Governor

In effect from passage.

February 22, 1907.)

SEC. 2. Corporate limits and boundaries.

Be it enacted by the Legislature of West Virginia:

Boundaries.

Sec. 2. The boundaries of said city shall be as follows: Beginning at a point on the west side of the Ohio river in the state line, where the line between Ohio and Marshall counties intersects the same; thence with the Ohio and Marshall county lines crossing the river; south 85° east to a stake in the hill side; thence south 24° 25' west 142.5 poles to a point in the middle of Bogg's run located south 47° 45' east 9.1 poles from a notch cut in the face and top of the east wing of the abutment of the turnpike bridge over said run; thence following a line which passes through the center of the top (at its north end) of the river hill south of the run, south 12° 45' west 53.15 poles to a point north of and near the top of the said hill; thence south 37° west 33.22 poles to a stake; thence south 27° 30' west 43 poles to a stake; thence south

14° west 17 poles to a stake; thence south 10° east 34.5 poles to a white oak; thence south 3° 30' west 35 poles to a stake; thence south 8° east 12 poles to a stake; thence south 3° west 55.5 poles to a stake; thence south 2° east 73 poles to a red oak; thence south 11° 30' east 24 poles to a stake; thence south 2° 30' west 25.5 poles; thence south 24° east 34.25 poles to a stake; thence south 11° east 38 poles to a stake; thence south 30° 30' east 51.5 poles to the south east corner of the original corporation on top of the river hill; thence with the top of the ridge of the said hill, south 1° west 930 feet to a stake; thence south 37° 45' west 560 feet to a double honey locust tree on the south point of the hill; thence south 23° 30' west 398 feet to a honey locust on the point of the hill above the hill road; thence leaving the ridge south 21° 15' east 384 feet to a stake on the north side of McMechen's run located south 21° 15' east 7.5 feet from a large sycamore standing on the said bank; thence down the run south 71° 15' west 132 feet; south 70° 15' west 92 feet; south 68° 45' west 209.5 feet; north 85° 45' west 116 feet; south 74° 45' west 400 feet; south 52° west 108 feet; south 86° west 185 feet; south 88° 30' west 247 feet; north 64° 30' west 107 feet; north 78° west 212 feet; south 89° 15' west 179.5 feet; north 84° 15' west 140 feet; south 86° 15' west 148.5 feet; west 91 feet south 69° 30' west 178 feet to the mouth of said McMechen's run; thence crossing the Ohio river south 81° 15' west to a point in the mouth of Pinch run, at its intersection with the state line; thence up the river with the said state line, to the place of beginning.

All acts and parts of acts coming within the provisions of this act and inconsistent herewith, are hereby repealed.

CHAPTER 2.

(Senate Bill No. 199.)

AN ACT to amend and re-enact sections eight, ten, sixteen, twenty

six, thirty-nine, fifty-seven, fifty-nine, sixty-five, sixty-six, and seventy-three of chapter three of the acts of the legislature of West Virginia of one thousand nine hundred and five, amending the charter of the city of Bluefield.

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Be it enacted by the Legislature of West Virginia:

That sections eight, ten, sixteen, twenty-six, thirty-nine, fiftyseven, fifty-nine, sixty-five, sixty-six, and seventy-three of chapter three of the acts of one thousand nine hundred and five, be amended and re-enacted so as to read as follows:

Election of Council. Sec. 8. On the first Tuesday in May, one thousand nine hundred and seven, there shall be elected by the qualified voters of said city, two members of council of said city, to be known as councilmen at large, whose term of office shall begin on the first day of June, one thousand nine hundred and seven, and the one receiving the highest number of votes in the election shall hold office for the term of two years from the first day of June, one thousand nine hundred and seven, and the one receiving the next highest number of votes in such election shall hold office for the terms of one year from the first day of June, one thousand nine hundred and seven. On the first Tuesday in May in each year after the year one thousand nine hundred and seven there shall be elected one councilman at large by the qualified voters of said city, whose term of office shall be for two years from the first day of June following his election, and on the first Tuesday in May, one thousand nine hundred and eight, there shall be elected in each ward by the qualified voters of said ward in said city, one member of the council

of said city, whose term of office shall begin on the first day of June, one thousand nine hundred and eight.

The members elected from wards numbers one, three, five and seven, shall hold office for one year from the first day of June, one thousand nine hundred and eight, and until their successors are elected and qualified. The members elected from wards mumbers two, four, six and eight shall hold office for two years from the first day of June, one thousand nine hundred and eight, and until their successors are elected and qualified. And on each year after the year one thousand nine hundred and eight, there shall be elected four members of council of said city by the qualified voters of said city, as hereinbefore provided, for a term of two years. Qualifications and Oath of Mayor', Board of Supervisors and

Members of Council.

Sec. 10. The mayor, each member of the board of supervisors and each member of the council shall be qualified voters of the city, and each member of the council shall be a qualified voter of the ward from which he is elected. They shall each respectively be inhabitants of said city for at least one year prior to their election, and they shall each respectively be the owner of a free-hold in said city for at least one year prior to their said election ; such ownership to be evidenced by proper deeds of record in the county court clerk's office of Mercer county, West Virginia. Before entering upon the duties of their respective offices they shall severally take and subscribe an oath that they possess the above qualifications and are not subject to any of the disqualifications prescribed in this act; that they will support the constitution of the United States and the state of West Virginia and will faithfully discharge the duties of their respective offices to which they are elected, which oaths shall be filed with and preserved by the auditor. Each member of the board of supervisors shall give bond payable to the city, in a penalty to be prescribed by the council, conditioned for the faithful performance of the duties of the office and for the paying to said city of any sum or sums of money expended by his order or permission without proper authority therefor.

Salary of Council and Board of Supervisors. Sec. 16. Each member of the council shall receive for his services of every kind during his term of office, a sum to be fixed

by the council, not to exceed three dollars for each meeting at which he is in attendance, not to exceed, however, the sum of one hundred dollars per annum.

Each member of the board of supervisors shall receive a salary of three hundred dollars per annum. At each meeting of the council the roll shall be called and the names of those present shall be entered on the journal, but if there is no quorum present it shall not be a meeting entitling members to salary as above provided.

Levy and Collection of Taxes.

Sec. 26. The council shall have authority to levy and collect an annual tax on real and personal property in said city, and a capitation tax on the male citizens thereof, and upon all other subjects of taxation under the general laws of the state; provided, that such tax does not exceed forty cents on the one hundred dollars of assessed valuation of such property, or one dollar capitation tax on each male citizen of said city over the age of twenty-one years, which taxes shall be equal and uniform upon the person and property within the city, and the said council may also impose license taxes as hereinafter prescribed, all of which taxes shall be for the use of said city; provided, that the taxes so levied, other than upon licenses, shall be payable on the first day of October of the year in which the levy is made. The bills for all such taxes, other than licenses, shall be made off each year from the assessor's books by the auditor and delivered to the treasurer on or before the first day of October of the year in which the levy is made; and at the same time the auditor shall publish a notice in one or more of the newspapers of said city to the effect that said tax bills are in the hands of the treasurer for collection, and any person owing taxes may pay the same to said treasurer, who shall deliver to the party so paying his receipt therefor. The treasurer shall allow two and one-half per cent discount on all taxes paid prior to the first day of December in the year in which said taxes shall be levied. On and after the first day of January of the year sucreeding the year in which said levy is made, the treasurer shall immediately proceed to collect all taxes which shall then remain unpaid, in the manner hereinafter provided, adding to the face thereof a penalty of five per centum and interest at the rate of six

per centum per annum from the first day of January, which penalty and interest shall be for the use of the city.

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