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in office shall continue to exercise its powers as such until the first day of April, one thousand nine hundred and seven.
Sec. 68. All acts in conflict or inconsistent with this to the extent of any such conflict, hereby repealed.
(Senate Bill No. 157.)
AN ACT to amend and re-enact sections eight, twenty-two, thirty
one, thirty-two and thirty-three of chapter one hundred and four of an act of the legislature of one thousand eight hundred and ninety-seven, entitled, "An act to charter the city of Hinton, and to include within the corporate limits of said city all the territory embraced within the corporate limits of the towns of Hinton and Upper Hinton in Summers county,” and to add section thirtythree-a creating the office of police judge and prescribing and defining his powers and duties.
Be it enacted by the Legislature of West Virginia:
That sections eight, twenty-two, thirty-one, thirty-two and thirty-three of the charter of the city of Hinton, as contained in chapter one hundred and four of the acts of one thousand eight hundred and ninety-seven, be amended and re-enacted and section thirty-three-a be added thereto, so as to read as follows:
Sec. 8. The mayor, recorder, councilmen and police judge must be freeholders in said corporation and entitled to vote for members of the common council, and cannot hold any other office either elective or appointive in said city or Summers county, and the acceptance or retention of such other office in said city or county by the mayor, recorder, councilmen or police judge, after they enter upon their duties as a city official renders vacant at once, and without legal proceedings, any office they may hold with the city.
Sec. 22. To carry into effect these enumerated powers and all others conferred upon said city or its council, expressly or by implication, in this or any other acts of the legislature, or by general law, the council shall have power to adopt and enforce all needful orders, by-laws and ordinances not contrary to the laws and constitution of the state, and to prescribe, impose and enforce reasonable fines and penalties, including imprisonment, under judgment of police judge of the said city or the person lawfully exercising his functions; and the council with the consent of the county court of Summers county, entered of record, may have the right to use the jail of said county for any purpose necessary in the administration of its affairs.
Sec. 31. The mayor shall be the chief executive officer of the city, and shall take care that all by-laws, ordinances, acts and resolutions of the council thereof are faithfully executed by those officials or persons whose duty it may be to execute the same.
He shall be ex-officio a justice and conservator of the peace within the city, and shall within the same have, possess and exercise all the powers and perform all the duties vested by law in a justice of the peace, except he shall have no jurisdiction to try cases civil or criminal in their nature; and all warrants of arrest, if any issued by him for the violation of any city ordinance, shall be made returnable before and heard by the police judge of said city, and also all other original process, if any, issued by said mayor shall be made returnable before and heard by some justice,of said county.
Any warrant of arrest or other process so issued by the mayor may be executed at any place in said county; he shall have control of the police of the city and may appoint special police officers whenever he deems it necessary, subject to any ordinance of the council in regard to police officers, their appointment, powers and duties. And it shall be the mayor's duty especially to see that the peace and good order of the city are preserved, and that all persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the city before issuing his warrant therefor. The mayor shall at each regular meeting of the common council recommend for their consideration such measures as he may deem needful for the welfare of the city; he shall receive as full compensation for his services, to be fixed annually by the council, a sum not exceeding
twenty-five ($25.00) dollars per month, which shall not be increased or diminished during the year, and any and all fees which may accrue or be payable to him by virtue of his office shall here. after be the property of the city and be paid into the city treasury on the first of each month.
Sec. 32. From all judgments by the police judge, or any one exercising his functions for the violation of ordinances, or in criminal cases where a prisoner is sentenced to imprisonment, or to the payment of a fine of ten dollars or more, and in no case shall a judgment fine of less than ten dollars be given by the police judge if the defendant, his agent or attorney object thereto, appeals may be allowed from such judgment to the circuit court of Summers county upon the execution of an appeal bond with surety deemed sufficient by the said judge, in a penalty double the amount of fine and cost imposed by him, with condition that the person proposing to appeal will perform and satisfy any judgment which may be rendered against him by the circuit court on such an appeal; if such appeal be taken the warrant of arrest, the transcript of the judgment, the appeal bond and other papers of the case shall be forthwith delivered by the said judge to the clerk of the said court, and the court shall proceed to try the case as upon indictment or presentment, and render such judgment, including that of costs, as the law and evidence may require, and in such costs shall be included an attorney's fee of ten dollars to the city attorney.
If the judgment be for the defendant, he shall not recover his costs against the city. The expenses of maintaining such person committed to the jail of the city by him, except it be to answer an indictment or be under the provision of sections two hundred and twenty-seven and two hundred and twenty-eight of chapter fifty of the amended code of the state, shall be paid by the city. And an appeal shall be allowed in all election cases to the circuit court of Summers county, from the decision of the council of said city.
Sec. 33. The duty of the recorder shall be to keep a journal of the proceedings of the council, and have charge of and preserve the records, bonds, papers and other documents belonging to the city; he shall in case of sickness or other inability of the mayor or police judge, or in case of their absence from the city, or during any vacancy in their respective offices, perform the duty of mayor and police judge, which pertain to their said offices, and shall be vested with all powers necessary for the performance of
such duties. The recorder shall also perform such other duties pertaining to the fiscal affairs of the city, or otherwise as may be required of him by the council; he shall be a conservator of the peace within the said city; he shall charge the sergeant with the whole amount of the taxes on the assessor's books, in a book provided for the purpose, and shall give him credit for all the money shown by treasurer's receipts to have been paid to the treasurer, and such other credits as the council may direct or be allowed by law; and shall charge the treasurer in a book provided for the purpose with all money shown to have been received by himn with all orders issued by authority of the council and paid by him. He shall receive as compansation a salary not to exceed eight and onehalf dollars per month which shall not be increased or diminished during the year. And any and all fees heretofore due and payable to the recorder shall hereafter become due and payable to the city, and the recorder or any one exercising his functions shall report the same to each regular meeting of the council, except the fees derived from the issuance of licenses and the recordation of liquor bonds, which last mentioned fees shall be due and payable to the recorder as collected.
Sec. 33a. From and after the first day of July, one thousand nine hundred and seven, there shall be a police judge of the city of Hinton to be appointed by the common council on or before the said first day of July, one thousand nine hundred and seven, whose term of office shall extend to the first day of January, one thousand nine hundred and eight, and who shall be elected annually thereafter by the common council of the city of Hinton for the term of one year, and shall receive as compensation for his services a salary to be fixed annually by the common council which shall not exceed thirty-five ($35.00) dollars per month, and which shall not be increased or diminished during his term of office; and he shall not receive any other salary, fees, emoluments, or other compensation for his services as such police judge, and the fees and taxed costs heretofore due and payable to the mayor or recorder in the trial of civil or criminal cases, or in any way connected therewith, shall hereafter be due and payable to the city; and it shall be the duty of the police judge to make reports to each regular meeting of the council showing all fees and costs earned or taxed by him and how much of same has been collected.
The police judge of said city shall be ex-officio a justice and a
conservator of the peace with the same authority to issue process as exercised by the mayor aforesaid, and shall have charge of and preside over the police force thereof, but subject to the authority of the mayor; it shall be his duty in court to try all persons charged with any offense against the city in regard to which he may have jurisdiction by virtue of any state law, and also all persons charged with the violation of any ordinance of the city; he shall keep an accurate record of all his judicial proceedings in said court, showing the style of each case, which shall be properly indexed and numbered; it shall be the duty to hold daily sessions of his said court, Sundays excepted; he shall see that the peace and good order of the city are preserved, and that the persons and property therein are protected, and to this end he may also cause the arrest and detention of all riotous and disorderly persons in the city before issuing his warrant therefor; but before trying such and all other persons charged with any offense or with any violation of an ordinance as aforesaid, he shall issue his warrant, unless one shall have been issued by the mayor or other person holding his office, specifying the offense or violation charged; he shall render judgment in any case as the law of the state or the ordinance of the city thereto may require; he shall also have power to issue execution for all fines, penalties and costs imposed by him, or he, the said judge, may require the immediate payment thereof, and in default of such payment he may commit the party so in default to the jail of the city of Hinton, or other place of imprisonment in such corporation, if there be one, until the fine and penalty and cost shall be paid or satisfied, but the term of imprisonment is any case shall not exceed thirty days. And when any such person is so imprisoned for the non-payment of such fine and cost the police judge or any one exercising his functions, may order him to work on the streets, alleys, or public grounds of the city of Hinton under the direction of such officer or person as the police judge may direct, at the rate of one dollar per day until the fine and all costs are paid.
This act shall not become operative until the first day of July, one thousand nine hundred and seven.