Chapter 8. MUNICIPAL CORPORATIONS.

§1. Definitions of Terms.—Except as otherwise provided in this chapter, the terms “municipal corporation,” “municipality” and “town” shall include any incorporated city, town or village, the term “council” shall include any governing body or bodies exercising the powers commonly exercised by a council of a municipal corporation, and the term “mayor” shall include the officer or body exercising the powers commonly exercised by a mayor.

§2. Application of Provisions of This Chapter.—Except as otherwise provided in this Code or by special charter, all municipal corporations in this State are subject to the provisions contained in this chapter and may exercise the powers conferred by this chapter, although such provisions or powers are not imposed or conferred by their charter; and so far as this chapter confers power on a municipal corporation or the authorities thereof, not conferred by the charter thereof, this chapter shall constitute an amendment to said charter: Provided, That if the charter of any municipal corporation contains a provision or provisions purporting to cover any matter covered by this chapter, such municipal corporation may adopt the applicable provision or provisions of this chapter, even though such provision or provisions be inconsistent with the corresponding provision or provisions of the charter, and upon such adoption and until revocation of such adoption, the applicable provision or provisions of this chapter shall operate as an amendment to the charter of such municipal corporation. Such adoption or revocation shall be by council except where this chapter requires other municipal action, in which case the method required by this chapter shall be followed.(Code 1849, c. 54; Code 1860, c. 54; Code 1868, c. 47, §1; 1882, c. 92, §1; 1897, c. 92, §1; Code 1923, c. 47, §1.)

§1. Requirements for Incorporation; Territory; Population.—Any part of any district or districts not included within any incorporated municipality and containing a resident population of not less than one hundred persons, if such part shall include within its boundaries a territory of not less than one-quarter of one square mile and an amount of territory not disproportionate to the number of residents thereof (the exact extent of the territory to be included therein to be within the discretion of the circuit court granting the charter), may be incorporated as a city, town or village under the applicable provisions of this article.(Code 1868, c. 47, §2; 1875, c. 5, §2; 1882, c. 92, §2; 1901, c. 41, §2; 1907, c. 54, §2; 1921, c. 142, §2; Code 1923, c. 47, §2.)

§2. Survey and Map; Verification.—The persons intending to make application for the incorporation of such municipality shall cause an accurate survey and map of the territory intended to be embraced therein to be made by a practical surveyor. Such survey and map shall show the courses and distances of the boundaries thereof, and the amount of territory contained therein. The accuracy of such survey and map shall be verified by the affidavit of such surveyor annexed thereto.(Code 1868, c. 47, §3; 1882, c. 92, §3; Code 1923, c. 47, §3.)

§3. Census; Verification.—Such persons shall also cause an accurate census to be taken of the resident population of such territory, as of some day not more than sixty days previous to the time of presenting such application, as hereinafter provided. Such census shall exhibit the name of every head of a family residing within such territory on such day, and the number of persons then belonging to every such family; and it shall be verified by the affidavit of the person taking the same, annexed thereto.(Code 1868, c. 47, §4; 1882, c. 92, §4; Code 1923, c. 47, §4.)

§4. Public Examination of Survey, Map and Census.—Such survey, map and census, when completed and verified as aforesaid, shall be left at the residence or place of business, within such territory, of some person residing therein, and shall be subject to examination at all reasonable hours, by every person interested in such application, for the period of four weeks at least from the posting or first publication of the notice of such application, as hereinafter provided.(Code 1868, c. 47, §5; 1882, c. 92, §5: Code 1923, c. 47, §5.)

§5. Notice of Application for Charter.—The persons intending to make such application shall give notice that, on some day specified in such notice, they will apply by petition to the circuit court of the county in which such territory lies, or, if it lies in more than one county, to the circuit court of one of the counties to be named in such notice, for a certificate of the incorporation of such territory as a city, town or village, by a name to be therein specified. Such notice shall describe the boundaries of such territory by courses and distances, and specify the district or districts in which it lies; and it shall state where such survey, map and census have been left for examination, as aforesaid. It shall also specify a day on which all the qualified voters residing within such territory will meet at a place to be named therein to vote upon the question of such incorporation.(Code 1868, c. 47, §6; 1882, c. 92, §6; Code 1923, c. 47, §6.)

§6. Publication of Notice.—If there be a newspaper printed within such territory, such notice shall be published in such newspaper once in each week for three successive weeks previous to the time specified therein for taking such vote and making such application; and, if there be no such paper, the notice shall be posted and kept posted in at least three of the most public places in such territory, for at least three weeks before the time so specified therein.(Code 1868, c. 47, §7; 1882, c. 92, §7; Code 1923, c. 47, §7.)

§7. Election for Incorporation.—On the day named in such notice for the taking of the vote mentioned in the fifth section of this article, the qualified voters who have resided within the proposed bounds of such corporation for sixty days preceding such election shall meet at the place named in such notice and cast their votes for, or against, such incorporation. Each voter shall deposit a ballot in a ballot box to be provided for that purpose. Each ballot shall have written or printed thereon the words:

Such election shall be held under the superintendence of any three voters within such boundary appointed for that purpose by the voters present, and the result of such election shall be certified under oath and returned by them to the circuit court of the county to which the application is to be made.(Code 1868, c. 47, §8; 1882, c. 92, §8; Code 1923, c. 47, §8.)

§8. Certificate of Incorporation.—Upon the filing of such petition and certificate of the election aforesaid and upon satisfactory proof that all the provisions of the foregoing sections of this article have been complied with, if it appear that a majority of the legal votes cast on the question were in favor of such incorporation, the circuit court may, at its discretion, by an order entered of record, direct the clerk of the said court to issue a certificate of incorporation in form or in substance, as follows: A certificate under oath of A .... B ...., C .... D ...., and E .... F .... was this day filed, showing that a majority of all the qualified voters residing in the following boundary, to-wit:

Beginning, etc., (here recite the boundaries), have voted in due form of law, in favor of the incorporation of the city, (town or village) of ...., in the county of ...., bounded as herein set forth. And as it appears to the satisfaction of the court that all of the provisions of chapter eight of the Code of West Virginia, have been complied with by the applicants for said incorporation, said city, (town or village) is a body corporate, duly authorized within the corporate limits aforesaid, or as otherwise provided, to exercise all the corporate powers conferred by the said chapter from and after the date of this certificate.

C…… H……, Clerk.(Code 1868, c. 47, §9; 1882, c. 92, §9; 1901, c. 41, §9; Code 1923, c. 47, §9.)

§9. Amendment of Charters of Municipalities of Less Than Two Thousand.—Whenever it shall be desirable to amend the charter of any town in this State, containing a population of less than two thousand, it shall be lawful for any five or more freeholders of such town to file their petition for amendment in the circuit court of the county or any of the counties in which such town is situated. In such petition, which shall be in writing, the object of the petitioners shall be clearly stated and the proper prayers made. The proposed amendments shall be accurately set out, and any facts may be stated necessary to enable the court to decide whether such charter should be amended as proposed.

Upon the filing of such petition, such court shall have an order entered upon the chancery order book of the court in which shall be briefly and intelligently stated the object of the petitioners, which order duly attested by the clerk of such court shall be posted and kept posted for three consecutive weeks at the front door of the courthouse of such county, and shall be published once a week for three consecutive weeks in a newspaper published in such town, and, if none be so published, then such order, so attested as aforesaid, shall not only be posted and kept posted as aforesaid by such clerk, but shall be posted and kept posted by the sheriff of such county, or the sergeant of the corporation, for three consecutive weeks in at least four public places in such town.

Any one or more freeholders in such town may file his or their answer in writing to such petition, contesting the object sought to be attained by the petitioners, and praying the court, for reasons which may be stated in such answer, not to grant the prayer of the petitioners, which answer may be filed at any time before the court finally acts upon the case, and, if the object of the petitioners is to enlarge or diminish the boundary of such town, such answer may be filed by one or more freeholders residing upon or owning the territory or any part of the territory proposed to be annexed to or included in the corporate limits of such town.

After the expiration of the three weeks hereinbefore mentioned, any of the parties, upon reasonable notice to the adverse party, may take depositions or affidavits to enable the court to decide whether or not the prayer of the petitioners shall be granted. And the court is hereby vested with full power to reject the prayers of the petitioners. And, if no answer is filed as aforesaid, the court may, upon the petition alone, grant the relief prayed for or the object sought to be attained. And the court is vested with authority to have such orders entered and such surveys made and other acts done as may be necessary to enable it to decide the case fairly upon its merits.

If the court grants the amendment or amendments prayed for, the same shall be written out in full in proper form, shall be signed by the judge of such court, and attested by the clerk, and recorded in the chancery order book of the court, and, if not inconsistent with the laws of this State, shall become part or parts of the charter of such town.(1877, c. 78, §§1-5; Code 1923, c. 47, §47a.)

§10. Costs of Incorporation or Charter Amendments.—All reasonable costs incurred in procuring incorporation under this chapter shall be paid by the corporation.

In amendment proceedings authorized by the preceding section, the court may decide all questions of costs in favor of or against any or all of the parties, for which costs an execution may issue when directed by the court, or may order that such town shall pay all the costs.(Code 1868, c. 47, §45; 1882, c. 92, §45; 1877, c. 78, §6; Code 1923, c. 47, §§45, 47a.)

§11. Change of Corporate Boundary.—Any five or more freeholders residing in any municipal corporation, containing a population of less than two thousand, desiring to change the corporate limits thereof may file their petition in writing with the council thereof setting forth the change proposed in the metes and bounds of such corporation, and asking that a vote be taken upon the proposed change. The council shall thereupon order a vote of the qualified voters residing in such corporation to be taken upon the proposed change at a time and place therein to be named in the order, not less than twenty nor more than thirty days from the date thereof, and if it be proposed to include any additional territory within such corporate limits, the council shall at the same time order a vote of all the qualified voters residing on such additional territory, and of all such voters owning any part of such territory, whether they reside therein or not, to be taken upon the question on the same day, at some convenient place on or near such additional territory. The election shall be held, superintended and conducted, and the result thereof ascertained, certified and returned, in the same manner and by the same persons as elections for town officers. The ballots cast on such questions shall have written or printed on them the words:

If a majority of all the votes so cast within such corporation be in favor of the proposed change, and no additional territory is proposed to be included therein, the corporate limits of such town shall thereafter be as proposed by such petition. But, if additional territory is proposed to be included in such corporate limits, such change shall not take effect unless a majority of all the votes cast by the persons residing in such territory and owning any portion thereof be also in favor of such change.(1882, c. 92, §48; Code 1923, c. 47, §48.)

§12. Council to Certify Change of Boundary; Order.—The council of such town shall enter the result of such election upon its minutes, and, when the change proposed is adopted, as provided in the preceding section, shall certify the same to the circuit court of the county, and such court may thereupon, at its discretion, enter an order in substance as follows:

A certificate of the council of the city (or town or village, as the case may be) of ........, was this day filed showing that a change has been made, in the manner required by law, in the corporate limits thereof, and that by such change the said corporate limits are as follows:

Beginning at (here recite the boundaries, as changed). It is, therefore, ordered that such change in said corporate limits be, and the same is, hereby approved and confirmed, and the clerk of this court is directed to deliver to the said council a certified copy of this order as soon as practicable after the rising of this court. And after the date of such order the corporate limits of such town shall be as set forth therein.(1882, c. 92, §49; 1901, c. 41, §49; Code 1923, c. 47, §49.)

§13. Forfeiture of Charters; Dissolution of Municipal Corporations.—Any town heretofore incorporated under the provisions of this chapter or which shall hereafter be incorporated under the provisions of this chapter, and which has no bonded indebtedness, and which shall fail for one year to exercise its corporate powers and privileges, or which has not twenty legal voters residing therein, or in which there were not twenty legal votes cast at its last election, or the population of which shall be reduced below seventy-five persons and so remain for six months, shall in either event thereby forfeit its charter so granted, and all rights, powers and privileges so conferred upon such town. And the circuit court of the county where any such town is located within this State shall have jurisdiction to hear and determine all matters relating to the forfeiture and dissolution of all such charters granted as hereinbefore provided, upon the petition of one or more of its inhabitants, or any ten freeholders of the county wherein such town is located, to annul and declare forfeited such charter, and shall dissolve the corporation. Ten days’ notice of the filing of such petition with the clerk of the circuit court of the county wherein such town is located, served upon the mayor and recorder thereof, shall be sufficient notice upon which the judge of such court shall so act, and, upon proper proof of the allegations of such petition, all such charters so granted shall be declared forfeited and the corporation dissolved. But if the territory so incorporated, or a major part thereof, either in area or in population, shall, within one year next after such declaration of forfeiture and dissolution by the circuit court, be reincorporated as a city, town or village, then the auditor of the State of West Virginia shall convey unto such new corporation all of the rights of the State of West Virginia in and to the corporate property, moneys, claims, demands and taxes collected or uncollected, of the former corporation so dissolved.(1907, c. 54, §2; 1921, c. 142, §2; Code 1923, c. 47, §2.)

§14. Voluntary Discontinuance of Charters.—Upon the petition of twenty-five per cent of the voters of any incorporated town containing not more than fifteen hundred inhabitants, the council thereof shall submit to the voters of such town at the next municipal election, or at a special election called for that purpose, the question of continuing or discontinuing the charter rights of such town. The ballots used in voting shall have written or printed upon them the words:

If a majority of the votes cast be “For discontinuance of charter,” then the charter rights and privileges of such town shall cease with the terms of office of the council then in existence: Provided, That all debts or other obligations outstanding against such corporation shall be settled in full.(1921, c. 142, §2; Code 1923, c. 47, §2.)

§1. First Election of Officers; Commissioners of Election.—At the time of ordering the certificate mentioned in section eight, article two of this chapter, the court shall appoint three legal voters residing within such territory, who shall act as commissioners of election at the first election to be held in such town, as hereinafter provided, and, in case they shall fail or refuse to act, such election may be held, conducted, certified and returned by any three voters of such town appointed for that purpose by the voters present.(Code 1868, c. 47, §10; 1882, c. 92, §10; Code 1923, c. 47, §10.)

§2. When First Election Held; Notice.—The first election for officers of such corporation shall be held within sixty days from the date of the certificate mentioned in section eight, article two of this chapter, and the commissioners of election appointed at the time of such order shall cause notice to be given of the time and place of holding such election, which notice shall specify the officers to be voted for, and shall be printed in a newspaper once a week for three weeks next preceding the day appointed for such election, if one be published in such town, and, if none be published therein, copies thereof shall be posted in at least three of the most public places in such town for three weeks next preceding such election.(Code 1868, c. 47, §11; 1882, c. 92, §11; Code 1923, c. 47, §11.)

§3. Conducting First Election; Certificate of Election.—Such commissioners, or the persons acting as such, after taking the oath prescribed for commissioners of election by section eleven, article five, chapter three of this Code, shall preside and act as commissioners of such election, and all the laws applicable to the election of district officers shall apply to such election, if not inconsistent with the provisions of this article. Such commissioners shall, within five days after such election, grant a certificate to the persons elected, which shall be recorded among the records of such town.(Code 1868, c. 47, §12; 1882, c. 92, §12; Code 1923, c. 47, §12.)

§4. Regular Elections.—After the first election of officers in such corporations all regular elections for officers shall be held biennially on the first Tuesday in June: Provided, That the first regular election held in such corporations after this Code becomes effective shall be held on the first Tuesday in June after this Code becomes effective.(Code 1868, c. 47, §17; 1882, c. 92, §17; Code 1923, c. 47, §17; 1929, c. 62, §17.)

§5. Tie Vote.—Whenever two or more persons shall receive an equal number of votes for the same office, if such number be the highest cast for such office, the persons under whose supervision the election is held shall decide by lot which of them shall be returned as elected, and shall make their return accordingly.(Code 1868, c. 47, §22; 1882, c. 92, §22; Code 1923, c. 47, §22.)

§6. Contested Elections.—All contested elections shall be heard and decided by the council.(Code 1868, c. 47, §23; 1882, c. 92, §23; Code 1923, c. 47, §23.)

§7. Qualified Voters.—All persons who have been bona fide residents of the territory included in such town for sixty days next preceding a municipal election therein, and who are qualified voters under the Constitution and laws of the State, and none others, shall be entitled to vote at any municipal election held in such town. But no person shall be deemed a resident of any such town by reason of being a student of any school or college therein, or of being stationed therein for any temporary purpose.(Code 1868, c. 47, §19; 1882, c. 92, §19; Code 1923, c. 47, §19.)

§8. Mayor, Recorder and Councilmen.—The municipal authorities of such town shall be a mayor, recorder and the councilmen, who together shall form the council. Where such town has not been divided into wards, there shall be at least five councilmen, but, when such town has been divided into wards, the council may, by ordinance, determine the number of councilmen to be elected for each ward. And, when it is deemed necessary, the council may, by ordinance, increase the number of wards and change the boundaries thereof, such wards to be made as nearly equal as may be, in territory and population, and when such town shall be divided into wards, or there shall be an increase in the number of wards as aforesaid, the council may increase the number of councilmen and direct an election to be held at the next regular election in such ward or wards so that each ward may have its full number of councilmen residing therein and may have equal representation in the council.(Code 1868, c. 47, §13; 1877, c. 45, §13; 1882, c. 92, §13; 1889, c. 26, §13; 1897, c. 92, §13; Code 1923, c. 47, §13.)

§9. Eligibility of Mayor, Recorder and Councilmen.—The mayor, recorder and councilmen must be residents of such municipality, must be legal voters entitled to vote for members of its council, and for the year preceding their election must have been assessed with and paid taxes upon at least one hundred dollars worth of real or personal property therein.(Code 1868, c. 47, §21; 1882, c. 92, §21; 1897, c. 92, §13; Code 1923, c. 47, §§21, 13.)

§10. Sergeant and Superintendent of Streets.—There shall be a municipal sergeant and a superintendent of roads, streets and alleys, appointed by the council, to perform the duties respectively as herein prescribed, or as may be required by the council. The sergeant shall be ex officio treasurer of such corporation.(Code 1868, c. 47, §15; 1882, c. 92, §15; Code 1923, c. 47, §15.)

§11. Oaths of Officers.—Every person elected or appointed to an office in such corporation shall, within twenty days after his election or appointment and before he shall enter upon the duties of his office, take and subscribe the oath of office prescribed for district officers; which may be done before any person authorized by law to administer oaths, or before the mayor or recorder of such town, which oath, with the certificate of the officer administering the same, shall be filed, recorded and preserved in the office of the recorder of the town, and a certified copy of such oath and certificate shall be filed and recorded in the office of the clerk of the county court of the county.(Code 1868, c. 47, §18; 1882, c. 92, §18; Code 1923, c. 47, §18.)

§12. Terms of Officers.—The sergeant and superintendent of roads, streets and alleys shall continue in office during the pleasure of the council.

Except as otherwise provided, the terms of all officers elected after the first election shall commence on the first day of July following election and shall be for two years.

All municipal officers, whether elected at first or regular elections, or appointed as herein provided, shall hold their offices until their successors are elected or appointed and qualified according to law, unless sooner removed from office according to law. Officers in office when this Code becomes effective shall hold their offices until the next regular election held pursuant to section four of this article, and subject to the provisions of the preceding sentence.(Code 1868, c. 47, §§15, 16; 1882, c. 92, §§15,16; 1889, c. 26, §13; 1897, c. 92, §13; Code 1923, c. 47, §§13, 15, 16; 1929, c. 62, §16.)

§13. Vacancies in Office; How Filled.—When a vacancy shall occur from any cause in the office of mayor, recorder or in the council, the vacancy, until the next succeeding election and until the qualification of an elected successor, shall be filled by appointment by the council from among the citizens of the town eligible under this article.(Code 1868, c. 47, §20; 1882, c. 92, §20; 1895, c. 24, §20; Code 1923, c. 47, §20.)

§14. Applicability of General Registration Law to Municipal Corporations.—The provisions of chapter three of this Code in regard to registration of voters shall not apply to municipal elections, but the council of any municipality may adopt such provisions of said chapter three applicable to registration and may change the time of making the registration and making return thereon, and may by ordinance provide that the duties to be performed by the county court in regard to registration shall be performed by such municipal authorities as may be named in such ordinance or act, and when so adopted and modified the same shall be applicable to such municipality.

Or the council of any municipality may, and shall have a right to, register its voters from the county registration books.[1911, c. 45, §15; 1916, c. 6, §98a(15); Code 1923, c. 3, §98a(15).]

§15. Applicability of General Primary Election Law to Municipal Elections.—Except as otherwise provided, municipal executive committees shall exercise similar functions and be governed by the same laws in regard to primary elections as county executive committees in regard to general primary elections, so far as the same may be applicable. All expenses of conducting such primary election shall be paid by the municipality. The provisions of chapter three of this Code referring more particularly to primary elections shall, so far as the same can be applied and so far as not otherwise provided, govern the conduct of municipal primary elections. No municipal primary shall be held on the day of the general primary nor less than twenty-five days immediately preceding the corresponding municipal election.[1915, c. 26, §28; 1916, c. 5, §28; Code 1923, c. 3, §26a(2), (28).]

§16. Power of Municipality to Prescribe Method of Nominating Its Officers and Holding Elections.—Any municipality, not having a special charter, may prescribe the method of nominating its officers and holding its elections, but such method shall not be inconsistent with any general provisions of law.

§1. Nature and Exercise of Corporate Powers.—Upon the creation of a municipal corporation, the inhabitants of the municipality, by the name of “The city (town or village) of............,” shall be a body politic and corporate, and by that name may sue and be sued, plead and be impleaded, purchase and hold real estate for the good order, government and welfare of the municipality, and shall have perpetual succession and a common seal: Provided, however, That the jurisdiction and liability of the county court with respect to roads, streets or highways within the municipality shall continue until the election and qualification of a majority of the council, and in the interim between the creation of the municipal corporation and such election and qualification such municipality shall not be liable with respect to such roads, streets or highways. All the corporate power of such corporation shall be exercised by its council or under its authority, except as otherwise provided.(Code 1868, c. 47, §14; 1882, c. 92, §14; Code 1923, c. 47, §14.)

§2. Compensation of Officers.—The mayor, recorder and superintendent of roads, streets and alleys of such corporation shall each receive compensation for his services, to be fixed by the council, which shall not be increased or diminished during the term for which they shall have been elected. But no compensation shall be paid to any member of the council other than the mayor and recorder. The compensation of the sergeant in regard to the arrest of persons, the collection of claims and the execution and return of process shall be the same as that of a constable, except that he shall receive for his services, in the collection of taxes and assessments and such license or other fees as it is his duty under the law to collect, a compensation, to be fixed by the council, of not exceeding five per cent on the amount duly collected and accounted for.(Code 1868, c. 47, §§35, 37, 41; 1882, c. 92, §§35, 37, 42; 1917, c. 106, §42; Code 1923, c. 47, §§35, 37, 42.)

§3. Powers and Duties of Mayor.—The mayor shall be the chief executive officer of the town, when not otherwise provided by law, and shall take care that the orders, by-laws, ordinances, acts and resolutions of the council thereof are faithfully executed. He shall be ex officio a justice and conservator of the peace within the town, and shall, within the same, have and exercise all powers, and perform all duties vested by law in a justice of the peace, except that he shall have no jurisdiction in civil cases or causes of action arising out of the corporate limits of the town. He shall have the same power to issue attachments in civil suits as a justice of his county has, though the cause of action arose out of his town. But in such case he shall have no power to try the same but such attachments shall be returnable and be heard before some justice of his county. Any warrant or other process issued by him may be executed at any place within the county or counties in which the town is situated. He shall have control of the police of the town and may appoint special police officers whenever he deems it necessary, except when otherwise provided by law; and it shall be his duty especially to see that the peace and good order of the town are preserved, and that 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 town before issuing his warrant therefor. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and, in default of such payment, he may commit the party in default to the jail of the county or counties in which such town is situated, or other place of imprisonment in such corporation, if there be one, until the fine or penalty and costs shall be paid; but the term of imprisonment in such case shall not exceed thirty days. He shall, from time to time, recommend to the council such measures as he may deem needful for the welfare of the town. The expense of maintaining any person committed to the jail of the county by him, except it be to answer an indictment, or be under the provisions of sections eight and nine, article eighteen, chapter fifty of this Code, shall be paid by the town and taxed as part of the costs of the proceeding. But such mayor shall not receive any money belonging to the State or to individuals, unless he shall give bond and security required of a justice of the peace by article one, chapter fifty of this Code; and all the provisions of said article one relating to moneys received by justices shall apply to like moneys received by such mayor.(Code 1868, c. 47, §39; 1882, c. 92, §39; Code 1923, c. 47, §39.)

§4. Powers and Duties of Recorder.—It shall be the duty of the recorder to keep the journal of the proceedings of the council, and have charge of and preserve the records of the town. In the absence from the town, or in case of sickness, of the mayor, or during any vacancy in the office of mayor, the recorder shall perform the duties of the mayor and be invested with all his powers.(Code 1868, c. 47, §40; 1882, c. 92, §40; Code 1923, c. 47, §40.)

§5. Powers and Duties of Sergeant and Policemen; Bond of Sergeant.—In addition to the powers and duties prescribed in section two, article seven of this chapter, the sergeant shall have all the powers, rights and privileges within the corporate limits of the town in regard to the arrest of persons, the collection of claims, and the execution and return of process that can legally be exercised by a constable of a district within the same. In order to arrest for violation of municipal ordinances and as to all matters arising within the corporate limits and coming within the scope of his official duties, the powers of the sergeant or of any policeman shall extend anywhere within the county or counties in which the municipality is situated. He and his sureties shall be liable to all the fines, penalties and forfeitures that a constable of a district is liable to, for any failure or dereliction in such office, to be recovered in the same manner and in the same courts in which such fines, penalties and forfeitures are now recovered against such constable. The sergeant shall, before entering upon the duties of his office, execute a bond, conditioned according to law, with surety satisfactory to the council, payable to the town, in such penalty, not less than one thousand dollars, as the council may prescribe.(Code 1868, c. 47, §35; 1882, c. 92, §35; Code 1923, c. 47, §35.)

§6. Council; Who to Preside; Quorum; Interested Councilmen Not to Vote.—The council shall be presided over at its meetings by the mayor, or, in his absence, by the recorder, or, in the absence of both mayor and recorder, by one of the councilmen selected by a majority of the council present. A majority of the council shall be necessary to form a quorum for the transaction of business. No member of the council of any town heretofore or hereafter incorporated shall vote upon any order, measure, resolution or proposition, in which he may be interested other than as a citizen of such town.(Code 1868, c. 47, §24; 1875, c. 47, §24; 1882, c. 92, §24; Code 1923, c. 47, §24.)

§7. Mayor and Recorder May Vote in Council; Tie Vote.—The mayor and recorder shall have votes as members of the council, and, in case of a tie, the presiding officer for the time being, unless he has previously voted, shall have the casting vote.(Code 1868, c. 47, §27; 1882, c. 92, §27; Code 1923, c. 47, §27.)

§8. Council to Keep Record.—The council shall cause to be kept, in a well-bound book, an accurate record of all of its proceedings, by-laws, acts, orders and resolutions, which shall be fully indexed and open to the inspection of any one who is required to pay taxes to such town.(Code 1868, c. 47, §25; 1882, c. 92, §25; Code 1923, c. 47, §25.)

§9. Council Minutes to be Read; Viva Voce Vote.—At each meeting of the council, the record of the proceedings of the last meeting shall be read, and corrected, if erroneous, and signed by the presiding officer for the time being. Upon the call of any member the yeas and nays on any question shall be taken and recorded in the journal.(Code 1868, c. 47, §26; 1882, c. 92, §26; Code 1923, c. 47; §26.)

§10. General Powers of Council; Extraterritorial Operation of Powers.—The council shall have plenary power and authority therein by ordinance or resolution as the case may require, (so far as such power or authority is not in conflict with the Constitution and laws of this State or the Constitution of the United States) to lay off, vacate, close, open, alter, curb, recurb, pave or repave and keep in good repair, roads, streets, alleys, sidewalks, crosswalks, drains and gutters, for the use of the public, and to improve and light the same, and have them kept free from obstructions on or over them; to prevent by proper fines and penalties the throwing, depositing or permitting to remain on any street, sidewalk, alley, lane, square or other public place any glass, scrap iron, nails, tacks, wire, other litter, or any offensive matter or any thing likely to injure the feet of persons or animals or the tires of vehicles; to regulate the use of streets, alleys, lanes and sidewalks for vehicles propelled by man power, and for other vehicles the use of which is not regulated by general laws; to regulate the width of sidewalks on the streets, and, subject to the provisions of article eight of this chapter, to order the sidewalks, footways and crosswalks to be curbed, recurbed, paved, repaved and kept in good order, free and clean, by the owners or occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets, and prescribe the time 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 or other animals, and fowls of all kinds, from going at large in such town; to protect places of divine worship and to preserve peace and order in and about the premises where held; to arrest, convict and punish any person for keeping a house of ill-fame, or for letting to another person any house or other building for the purpose of being used or kept as a house of ill-fame, or for knowingly permitting any house owned by him, or under his control, to be kept or used as a house of ill-fame, or for loafing, boarding or loitering in a house of ill-fame, or frequenting same; to arrest, convict and punish any person for importing, printing, publishing, selling or distributing any book or other thing containing obscene language; to arrest, convict and punish any person for cruelly, unnecessarily or needlessly beating, torturing, mutilating, killing or overloading or overdriving, or wilfully depriving of necessary sustenance, any horse or other domestic animal; to arrest, convict and punish any person for gambling or keeping gaming tables, commonly called A, B, C, or E, O, table or faro bank or keno table, or table of like kind, under any denomination, whether the gaming table be played with cards, dice or otherwise, or any person who shall be a partner or concerned in interest, in keeping or exhibiting such table or bank, or keeping or maintaining any gaming house or place, or betting or gambling for money or anything of value; to license, or for good cause to refuse to license in a particular case, or at its discretion to prohibit in all cases, the operation of pool and billiard rooms and maintaining for hire of pool and billiard tables, notwithstanding the general law as to state licenses for such business. When the council, in the exercise of its discretion, shall have refused to grant a license to operate a pool or billiard room mandamus shall not lie to compel the council to grant such license, unless it shall clearly appear that the refusal of the council to grant such license is discriminatory or arbitrary. In the event that the council decides to license any such business, the council shall have power, and it shall be the duty of the council, to make and enforce reasonable ordinances regulating the licensing and operating of such businesses; the council shall also have such power and authority to arrest, convict and punish any person for carrying about his person any revolver or other pistol, dirk, bowie-knife, razor, slung shot, billy, metallic or other false knuckles, or any other dangerous or other deadly weapon of like kind or character, within such town; to arrest, convict and punish any person for driving or operating, within such town, a motor vehicle when intoxicated or under the influence of liquor, drugs or narcotics; to provide penalties for the offenses and violations of law mentioned herein in addition to the penalties provided in section twenty-three of this article, but which shall not exceed the penalties provided for like offenses and violations in this chapter, and in chapter sixty-one of this Code; to abate or cause to be abated anything which, in the opinon of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to acquire, by purchase, condemnation and otherwise, land in or near the town for providing and maintaining proper places for the burial of the dead and to regulate interments therein upon such terms and conditions as to price and otherwise as may be determined by the council, and, in order to carry into effect such provisions the council may acquire any cemetery or cemeteries already established; to provide for the regular building of houses or other structures, and for making of division fences by the owners of adjacent premises and the drainage of lots by the proper drains and ditches; to make regulations guarding against danger or damage by fire; to prevent the illegal sale of intoxicating liquors, drinks, mixtures and preparations therein; to protect the persons and property of the inhabitants of such town, and to preserve peace and good order therein, and, for this purpose, to appoint, when necessary, a police force to assist the sergeant in the discharge of his duties; except as otherwise provided, to prescribe the powers and define the duties of the officers appointed by the council, fix their terms of service and compensation, and require and take 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 require and take from employees and contractors bonds in such penalties, with such sureties and with such conditions, as council may see fit; to erect, or authorize or prohibit the erection of, gas works, electric light works or water works within or without the town and to prevent injury to such works or the pollution of the water and its maintenance in a healthful condition for public use within the town; to regulate and provide for the weighing of hay, coal and other articles sold or for sale in the town; to provide a revenue for the town and appropriate the same to its expenses, which power shall include the power to tax dogs; to impose a license tax on persons or companies keeping for hire carriages, hacks, buggies or wagons; or for carrying passengers for pay in any such vehicle, in such town; to adopt rules for the transaction of business, and the government and regulation of its own body.

Wherever the powers herein granted cannot be reasonably and efficiently exercised by confining the exercise thereof within the corporate limits the powers of the corporation shall extend beyond the corporate limits to the extent necessary to the reasonably efficient exercise of such powers within the corporate limits. But such powers, unless otherwise provided, shall not extend more than one mile beyond the corporate limits, nor shall such powers extend into the corporate limits of another municipal corporation.(Code 1868, c. 47, §28; 1882, c. 92, §28; 1891, c. 92, §28; 1905, c. 53, §28; 1921, c. 143, §28; Code 1923, c. 47, §28.)

§11. Council May Require Residents to Work on Streets; Release by Payment; Tax to Repair Streets.—Every male resident of such town who is not under twenty-one or over fifty years of age, and who is not a pauper, shall, if required by the council thereof, work not exceeding two days, by himself or an acceptable substitute, on the public roads, streets and alleys of such town under the direction of the superintendent of roads, streets and alleys, or may be released from such work upon the payment to the superintendent of such amount as may be fixed by the council, the money so paid to be used in the improvement of such roads, streets and alleys; and, if such work and moneys so paid are not sufficient to put and keep the roads, streets, alleys, sidewalks, crosswalks, drains and gutters of such town in good repair, the council thereof shall levy a tax on all the subjects of taxation therein sufficient for that purpose and to pay all other expenses incident thereto.(Code 1868, c. 47, §32; 1882, c. 92, §32; Code 1923, c. 47, §32.)

§12. Power to Condemn Real Estate.—The condemnation of real estate for roads, streets, alleys, drains and gutters in such corporation shall be as prescribed in chapter fifty-four of this Code, and shall be at the expense of the corporation.(Code 1868, c. 47, §46; 1882, c. 92, §46; Code 1923, c. 47, §46.)

§13. Municipal License When State License is Required.—Whenever anything, for which a state license is required, is to be done within such town the council may, unless prohibited by law, require a municipal license therefor, and may impose a tax thereon for the use of the town.(Code 1868, c. 47, §33; 1882, c. 92, §33; Code 1923, c. 47, §33.)

§14. Power of Council or County Court to Grant Franchises; Notice; Term of Franchise.—No franchise shall hereafter be granted by the county court of any county, or other tribunal acting in lieu thereof, or by the council of any town incorporated under the laws of this State where the application for such franchise has not been filed, with the clerk of such court or council, at least thirty days prior to the time when it is to be acted upon by such county court or council, and where notice of such application, stating the object of such franchise, has not been given by publication once a week for four successive weeks in some newspaper of general circulation published in such county or town wherein such franchise is to be granted. Nor shall such franchise be granted within thirty days after the application has been filed, nor until an opportunity has been given any citizen or corporation interested in the granting or refusing of such franchise to be heard. Nor shall any franchise hereafter be granted by any county court, or other tribunal acting in lieu thereof, or by any council of any such town, for a longer term than fifty years: Provided, however, That nothing in this section shall prevent the renewal of any such franchise for a term not exceeding fifty years, when the same shall have expired. No franchise hereafter granted for any longer term than fifty years shall be of any force or validity.(1901, c. 29, §1; Code 1923, c. 47, §28a.)

§15. Compelling Compliance With Franchise Obligations; Forfeiture; Damages.—Where any individual, association or corporation has obtained or shall hereafter obtain any right, license, privilege or franchise to operate a street car line, lines or cars in whole or in part upon the public roads or upon the streets of any town or to furnish to any county, or town, or the inhabitants thereof, water or gas or electricity, or to construct or operate a telephone system in any county, or town, and the terms, conditions or manner of exercising such right, license, privilege, or franchise are embodied in the order of the state road commission or of the county court of such county, or order, resolution or ordinance of such town conferring the same, or are otherwise either voluntarily assumed, or by law imposed upon such individual, association or corporation, then and in each of such cases (except so far as the powers herein conferred upon the circuit court are, by chapter twenty-four of this Code, conferred upon the West Virginia public service commission) the circuit court of the county in which such road or street is located shall have power by mandamus to compel such individual, association or corporation, and their assigns, to use and exercise such right, privilege, license or franchise in accordance with the lawful terms and conditions and in the manner so prescribed in such resolution, order or ordinance or otherwise lawfully so defined or assumed, and to do and perform each and every lawful obligation and duty attached to such right, privilege, license or franchise, whether such obligation and duty be voluntarily assumed or imposed by law.

Such mandamus may be awarded at the instance of such county, town or state road commission in its corporate name; and this section shall not be construed to deprive such state road commission, county, town, or any inhabitant thereof, of any other remedy to compel such individual, association or corporation to comply with the terms, conditions, and agreements of such right, privilege, license or franchise, or of the right to recover damages for noncompliance therewith or to affect, remove or lessen the liability of such individual, association or corporation to forfeiture of such right, license, privilege, franchise or charter for failure so to use and exercise such right, privilege, license or franchise.[1905, c. 49, §§1, 2; Code 1923, c. 47, §§28b(1), 28b(2).]

§16. License of Engineers.—In any town to which this chapter applies the council thereof may provide, by ordinance, for the examination, regulation and licensing of stationary engineers, and others having charge or control of stationary engines, boilers or steam generating apparatus, within the corporate limits of such town.(1897, c. 89, §1; Code 1923, c. 47, §33a.)

§17. Infirmaries.—Towns having a population of not less than five thousand inhabitants shall have power to establish and maintain, either within or without the limits of the town, an infirmary for the accommodation of the poor of the town, and to provide for the distribution of outdoor relief to the poor.[1875, c. 50, §1; Code 1923, c. 47, §49d(1).]

§18. Houses of Correction and Workhouses.—The council of any town of not less than five thousand inhabitants shall have power to establish and maintain, either within its limits or within the county in which it is situated, a house of refuge or house of correction, and a workhouse, or either of them, and place the same under the management and control of such directors, superintendents and other officers as the council may by ordinance provide.

All children under the age of sixteen years, who shall be convicted of any offense made punishable by imprisonment under any ordinance of such town, or who shall be liable to be committed to prison under any such ordinance, may be confined in such house of refuge, and may be there kept or placed out as provided in chapter forty-nine of this Code until they arrive at the age of eighteen years, unless for good cause sooner discharged by law. Any person over the age of sixteen years convicted of the violation of any ordinance of any such town, and liable to be punished therefor by imprisonment, may in lieu thereof be committed to the house of correction or to the workhouse as may be provided by ordinance.

When any such child is placed out as aforesaid, a guardian for such child shall be appointed in the same manner and with the same powers and duties as guardians for delinquent and dependent children under chapter forty-nine of this Code, and the same court shall have the same jurisdiction in each case.

When any inmate of such institution shall have been placed out and shall prove untrustworthy and unreformed, he or she shall be recommitted to such institution to be held in the same manner as before.

The county court or police and fiscal tribunal of any county in which such town is situated, and wherein such house of refuge or house of correction and workhouse may be established as aforesaid, shall have power to use such house of refuge or house of correction, or workhouse, for children or persons of the age hereinbefore mentioned, who shall be convicted in such county in any court thereof of any offense not of the grade of felony under the laws of this State: Provided, That such county or police and fiscal tribunal shall maintain its just proportion of the expense of such house of refuge, house of correction, or workhouse, to be levied for and paid out of the county treasury. And when such houses are so adopted by such county authorities, they shall have the right to the appointment of such members of the board of directors, superintendents and officers of such houses as may be determined by the agreement of such council and such county authorities.[1875, c. 50, §§2-6; Code 1923, c. 47, §49d(2).]

§19. Police Matrons.—In each of the several towns of this State having a population of five thousand or more, as ascertained by the last census, the mayor thereof may appoint a reputable woman who shall be known as police matron. No woman shall be appointed as such police matron except upon the written application and recommendation of at least twenty women in good standing and residents of the town in which such appointment is to be made. Upon the death, resignation or removal of the police matron, her successor shall be appointed in the manner hereinbefore provided as soon as may be. Such appointment shall be made and term of office fixed under such regulations as the council may prescribe, not inconsistent with the provisions of this section.

Each police matron shall have, subject to the general control of the head of the police department, the entire care and control of all women under arrest in and at the police station for which she serves, and she may, at any time, call upon any police officer connected with such police station for assistance.

Whenever a woman is arrested and taken to the police station to which a matron is attached and when such matron is not present, it shall be the duty of the officer in charge of such police station to cause such matron to be immediately summoned, and it shall be the duty of the police matron to hold herself in readiness at all hours of the day and night to answer any and all calls from such police station whenever and so long as any woman is or remains confined therein.

The police matron herein provided for shall attend all sessions of the police court, at any and all times, when any woman is to be arraigned before such court, and such police matron shall have charge of all women there in attendance awaiting trial or awaiting transfer to any other place of detention.

In every station to which a police matron is attached, sufficient and proper accommodations shall be provided by those having charge of the police and fiscal affairs of the city thereof, for all women confined therein, or thereat, under arrest, and in case such accommodations shall be insufficient and improper, such matron shall notify the mayor, and it shall be the duty of the mayor promptly to lay the matter before the council, and it shall be the duty of such council to provide, at the expense of such town, all such sufficient and proper accommodation.

The salary of police matron in each town shall be fixed by the council.(1911, c. 18, §§1-7; Code 1923, c. 47, §49e.)

§20. Municipal Band; Tax Levy.—When ten per cent or more of the qualified voters of a municipal corporation, as shown by the last election of mayor of such municipality, shall have signed a petition for a municipal band, and such petition shall have been presented to the council at least ten days before a regular municipal election, the following question shall be submitted to the voters at the next regular municipal election: “Shall there be levied a tax of....................mills for a municipal band fund”? If the majority of voters, voting on such petition, shall have voted in favor of the same, the municipal corporation shall levy a tax of not more than one-half of one per cent per annum on every one hundred dollars valuation of the taxable property in such municipality, according to the last assessment thereof, for a fund to be used in the maintenance of a municipal band to give free public concerts. Such authority shall remain in force until revoked as herein provided. The funds received upon such levy shall be known as the municipal band fund, and no moneys shall be appropriated or used out of such fund until such municipality shall have entered into a written contract with responsible band directors or bandsmen for the furnishing of music in public places under such regulations as shall be provided in such contract, and no voluntary donation or contribution shall be made out of such fund except under the terms of such contract.

A petition signed by at least ten per cent of the qualified voters of such municipality, as shown by the last election of mayor of such municipality, may be filed at least ten days before any regular municipal election petitioning the council of such municipality to discontinue such levy. And thereupon the council shall submit at such next municipal election the question of continuing such levy; and if the majority of the voters, voting on such petition, shall have voted in favor of such continuance, the levy shall be continued, but if the majority of such voters shall have voted against the same, such levy shall be discontinued.(1921, c. 111, §§1, 2; Code 1923, c. 47, §62.)

§21. Sale or Lease of Municipal Public Utility.—In any case where a town shall own a water-works system, electric light plant or other public utility, and the council thereof shall deem it for the best interest of such town that such utility be sold, leased or rented, it shall be lawful for the council, by ordinance legally passed, to submit to the legal voters of such municipality, at any regular election or at any special election called for that purpose, the question of making such sale, lease or renting. In such case the council shall, in the ordinance submitting such question to a vote, set forth in full the terms of such proposed sale, lease or renting, the name of the proposed purchaser or lessee, the date of such election, and such ordinance shall be published at least once a week for four successive weeks prior to the date of such election in two newspapers of opposite politics, published in such town or, if none be published therein, in some paper published in the county and of general circulation in such town. Such election shall be held in all respects in compliance with the provisions of chapter three of this Code, so far as the same are applicable and not inconsistent herewith. If a majority of the votes cast at such election upon such question be in favor of the proposed sale, lease or renting of such utility, the council, upon the ascertainment of the result of such election, shall have full power and authority to proceed to execute such sale, lease or renting in accordance with the terms and conditions prescribed in the ordinance aforesaid, and shall have power to do any and all things necessary or incident thereto: Provided, however, That if at any time after such election and before the execution of the authority under the ordinance, any person, firm or corporation should present to the council and offer to buy such public utility or plant at a greater price than the sale price which shall have been so voted upon and authorized or to lease the same upon terms which the council, in its discretion, shall consider more advantageous to the municipality than the terms of the lease which shall have been authorized by vote as aforesaid, the council shall have the power to accept such subsequent offer, and to make such sale or such lease to the person making the offer, without resubmitting the question to a vote. But, if a sale shall have been authorized by a vote as aforesaid, and such subsequent proposition be for a lease, or, if a lease shall have been so authorized, and the subsequent proposition shall be for a sale, the council shall have no power to accept the same without submitting the question thereof to a vote of the people as first above provided. And before any such second or subsequent proposition shall be submitted to vote, after a sale or lease shall have been authorized at an election held hereunder, the person making such proposition shall execute bond with security to be approved by the council, in a penalty of not less than twenty-five per cent of such proposed bid, conditioned to carry such proposition into execution, if the same shall be approved at the election to be called thereon. In any case where such public utility as is mentioned in this section shall be sold, leased or rented by the council as hereinabove provided, no part of the moneys derived from such sale, lease or renting shall be applied to the payment of current expenses of the municipality; but the proceeds of such sale or lease shall be applied in payment and discharge of any bonded indebtedness created in respect to such public utility; and in case there be no such bonded indebtedness, the council, in its discretion, shall have power to expend all such moneys when received in the purchase or construction of fire fighting equipment and buildings for housing such equipment, a town hall, and the necessary land upon which to locate the same, or in the construction of paved streets, sidewalks, sewers and other like permanent improvements, and for no other purposes. Or in case there be a surplus after the payment of such bonded indebtedness, such surplus may be used as aforesaid.(1917, c. 111, §59; Code 1923, c. 47, §60.)

§22. Officers Not to be Personally Interested in Municipal Contracts; Penalty.—It shall be unlawful for any council or board of commissioners of any town, or any member thereof, or other officer or officers thereof, to be interested personally, either directly or indirectly, or as a member, manager, officer or stockholder of any partnership, business, firm or corporation, in any contract furnishing material and supplies to any town, or to any contractor, or workmen for any town, or in any manner whatsoever, whereby the taxpayers of any such town shall become the paymaster, either directly or indirectly. Any violation of the provisions of this section, by any member of a town council or other officer or officers thereof, is a misdemeanor and, upon conviction thereof, such member or officer shall be fined not less than fifty nor more than five hundred dollars, and shall be removed from office.(1917, c. 108, §59; Code 1923, c. 47, §59.)

§23. Ordinances to Make Municipal Powers Effective; by Whom Judgment Rendered.—To carry into effect the powers conferred upon such town or its council, by this chapter or by any future act of the legislature of this State, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the Constitution and laws of this State; and, for a violation thereof, to prescribe reasonable fines, penalties and imprisonments in the county jail or the place of imprisonment in such corporation, if there be one, for a term not exceeding thirty days. Such fines, penalties and imprisonments shall be recovered, imposed or enforced under the judgment of the mayor of such town or the person lawfully exercising his functions.(Code 1868, c. 47, §29; 1882, c. 92, §29; Code 1923, c. 47, §29.)

§24. Validity of Ordinances Delegating Discretion.—The fact that a municipal ordinance vests in the council or some other body or officer a discretion to do, or refuse to do, a given thing, shall not invalidate such ordinance when it would be impractical to lay down by ordinance for all cases a uniform guide for exercising such discretion. This section shall not be construed to mean that a delegation of discretion in any other case shall necessarily invalidate an ordinance. But, if, in any case, a delegated discretion is exercised in an arbitrary or discriminatory manner, such ordinance, as so applied, shall be unlawful and void.

§25. Municipal Officers to Aid in Enforcing Criminal Laws of State.—It is hereby made the duty of the mayor and the police of a municipality to aid in the enforcement of the criminal laws of the State within the municipality, independently of any provision of the charter or of any ordinance or want of an ordinance of such municipality, and to arrest or cause the arrest of any offender and take him before a justice of the peace of the county to be dealt with according to law. Failure on the part of any such officer to discharge any duty imposed by this section shall be deemed official misconduct for which he may be removed from office.

§26. Appeals Under This Chapter.—Every person sentenced to imprisonment under this chapter or to the payment of a fine of ten dollars or more (and in no case shall a fine of less than ten dollars be given if the defendant, his agent or attorney object thereto), shall be allowed an appeal to the circuit or criminal court of the county, upon entering into an appeal bond with surety deemed sufficient in a penalty double the amount of fine and costs, with condition that the person appealing will perform and satisfy any judgment which may be rendered against him by the circuit or criminal court on such appeal. If such appeal be taken, the appeal bond and other papers in the case shall be forthwith delivered by the mayor, recorder or police judge, to the clerk of the court, to which appeal is taken, and such court shall proceed to try the case as upon indictment or presentment, and render such judgment, without remanding the case, as the law and the evidence may require. If the judgment be against the accused, it shall include the costs incurred in the proceedings before the mayor, recorder or police judge, as well as in the said court.(1905, c. 53, §49a; Code 1923, c. 47, §49a.)

§1. Grant of Zoning Power.—For the purpose of promoting health, safety, morals, or the general welfare of the community, the legislative body of every municipal corporation is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purpose.

§2. Districts.—For any or all of such purposes the local legislative body may divide the municipality into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this article; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.

§3. Purposes in View.—Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.

§4. Method of Procedure.—The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days’ notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation, in such municipality.

§5. Changes.—Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, signed by the owners of twenty per cent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred feet therefrom or of those directly opposite thereto extending one hundred feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the legislative body of such municipality. The provisions of the previous section relative to public hearings and official notice shall apply equally to all changes or amendments.

§6. Zoning Commission.—In order to avail itself of the zoning powers conferred by this article, such legislative body shall appoint a commission, consisting of freeholders of the municipality, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and such legislative body shall not hold its public hearings or take action until it has received the final report of such commission. Where a municipal planning commission already exists, it may be appointed as the zoning commission. The members of such commission shall serve without compensation.

§7. Board of Adjustment.—Such local legislative body may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this article may provide that the said board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained.

The board of adjustment shall consist of five members, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this article. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

The board of adjustment shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto;

(b) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance;

(c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

In exercising the above-mentioned powers such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to a circuit court of the county, or any county in which the municipality is situated, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the board unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.

§8. Remedies.—In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this article or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

§9. Conflict With Other Laws.—Wherever the regulations made under authority of this article require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this article shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this article, the provisions of such statute or local ordinance or regulation shall govern.

§10. Zoning Power Not to be Effective Until Adopted by Municipality.—Sections one to nine, both inclusive, of this article shall not be effective in any municipality until the provisions thereof shall have been submitted to and ratified by the qualified voters of such municipality at some election held therein. Upon the ballots cast at such election upon the question aforesaid there shall be written or printed the words:

If a majority of the votes cast upon the question be for zoning the provisions of said sections shall from the day the council declares the result of such election be effective in such municipality. If a majority of the votes cast be against zoning the question may be again submitted to a vote at any regular election or elections for offices in the manner herein provided.

§11. Power to Appoint Municipal Planning Commission.—Any municipality in this State is hereby authorized to appoint a municipal planning commission. Where a zoning commission already exists, the members thereof may be appointed as the municipal planning commission.

§12. Municipal Planning Commission; Compensation.—The municipal planning commission shall consist of not less than five citizens, all of whom shall be taxpayers and residents, who shall be nominated by the mayor and confirmed by the legislative body of the town. The members of the commission first appointed shall serve respectively for terms of one year, two years and three years, divided equally or as nearly equally as possible between these terms. Thereafter members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term only. Members of the commission shall serve without compensation.

§13. Duties of Commission.—The duties of the commission shall be to prepare plans for the development of the whole or any portion of the municipality and of any land outside of the municipality which, in the opinion of the commission, bears relation to the planning of the municipality: Provided, however, That the power of the municipal planning commission shall not extend beyond the territorial limits of the municipality except so far as is reasonably necessary to protect the community, both within and without the corporate limits, against inadequate streets, highways and sewers, and inadequately planned and zoned territory: Provided further, That when two or more municipal corporatons in close proximity might otherwise have conflicting jurisdiction under this section, the first municipal corporation to exercise such extraterritorial jurisdiction shall thereby acquire exclusive jurisdiction over such territory. Such plans shall show recommendations for new streets, bridges, parks, parkways, playgrounds and any other public areas or public improvements. Whenever the commission shall have agreed upon a plan for the development of the municipality or any portion thereof, such plan or plans shall be submitted to the mayor and council for their consideration and action.

Before final action shall be taken by any municipality or department thereof on the location and design of any public building, public memorial, street, park, parkway, playground or other public area, such question shall be submitted to the municipal planning commission for investigation and report.

§14. Plans of Land and Streets to be Submitted to Commission and Approved by Mayor and Council.—All plans, plats or replats of land laid out in building lots, and the streets intended to be dedicated to public use, shall be submitted to the municipal planning commission for their consideration and no such plat or replat shall be filed in the office of the clerk of the county court, as provided by law in other cases, until such plat or replat shall have indorsed upon it the fact that it has first been submitted to the municipal planning commission, and by the municipal planning commission to the mayor and council, and by the mayor and council duly approved.

§15. Commission May Employ Help; Expenses.—The municipal planning commission shall have the power and authority to employ engineers and clerks, and/or any other help necessary, and to meet such expenses the municipal planning commission shall submit to the mayor and council its budget for each fiscal year, itemizing expenses and amounts, and the purpose. The council shall thereupon consider such budget and make such allowances to the municipal planning commission as it shall deem proper.

§1. Powers of Council in Regard to Fires.—The council of any town shall have power to provide for the prevention and extinguishment of fires; and for this purpose it may, among other things, regulate how buildings shall be constructed; procure proper engines and implements; provide for the organization, equipment, and government of fire companies or of a fire department; prescribe the powers and duties of such companies or department and of the several officers; provide for the appointment of officers to have command of fires; prescribe what their powers and duties shall be, and impose on those who fail or refuse to obey any lawful command of such officers any penalty which the council is authorized by law to impose for the violation of an ordinance. It may give authority to any such officer or officers to direct the pulling down or destroying of any fence, house, or other thing, if deemed necessary to prevent the spreading of the fire.(Code 1860, c. 55, §10; Code 1868, c. 48, §9; Code 1923, c. 48, §9.)

§2. Liability for Property Destroyed in Extinguishing Fires.—The owner of such property shall be entitled to recover from the town the actual damage which he may have sustained by reason of the same having been pulled down or destroyed under such direction.(Code 1860, c. 55, §16; Code 1868, c. 48, §10; Code 1923, c. 48, §10.)

§3. Extent of Liability.—The preceding section shall not enable any one to recover compensation for property which would have been destroyed by fire, if the same had not been pulled down or destroyed under such direction, but only for what could have been saved with ordinary care and diligence, had no such direction been given.(Code 1860, c. 55, §17; Code 1868, c. 48, §11; Code 1923, c. 48, §11.)

§4. Formation of Fire Companies.—Any number of persons, not less than twenty nor more than sixty-four, residing in a town, may form themselves into a company for extinguishing fires therein.(Code 1860, c. 55, §1; Code 1868, c. 48, §1; Code 1923, c. 48, §1.)

§5. Organization of Company; Officers; Regulations.—A writing stating the formation of such company, with the names of the members thereof subscribed thereto, shall be recorded in the office of the clerk of the county court of the county wherein such town or the greater part thereof is; after which the members of the company shall elect its officers, including a commander, and make regulations (for effecting its object) consistent with the laws of the State and the ordinances of such town.(Code 1860, c. 55, §2; Code 1868, c. 48, §2; 1882, c. 28, §2; Code 1923, c. 48, §2.)

§6. Duties of Members on Alarm of Fire.—Every member of the company shall, upon any alarm of fire, attend according to the ordinances of the town or the company’s regulations, and endeavor to extinguish such fire.(Code 1860, c. 55, §5; Code 1868, c. 48, §5; Code 1923, c. 48, §5.)

§7. Meetings to Inspect Equipment; Report.—Besides the meetings required by such ordinances or regulations, semi-annual meetings of the company shall be held in April and October, on such days as the commander thereof may appoint, to examine the state of the engine, hose and other implements, practice therewith and see that the same are in good condition. Within one month after such meetings the commander of such company shall make to the town council a written report of the names of those attending such meeting together with a written report of the condition of the engine, hose and other equipment. For any failure to comply with this section, the commander shall be fined by such council not less than three nor more than ten dollars.(Code 1860, c. 55, §6; Code 1868, c. 48, §3; Code 1923, c. 48, §3.)

§8. Dissolution of Company.—Whenever the council of such town shall ascertain that such company has failed, for three months successively, to consist of twenty effective members, or ascertain that it has failed for the like period of time to have and keep in good, serviceable condition an engine, hose or other proper implements, such council shall declare such failure and dissolve the company.

A fire company may also be dissolved at any time by order of the council of the town or in such manner as the ordinances thereof may prescribe.(Code 1860, c. 55, §18; Code 1868, c. 48, §§6, 7; Code 1923, c. 48, §§6, 7.)

§9. Two-Platoon System of Municipal Fire Department.—In any municipal corporation in this State having a population of more than eighteen thousand inhabitants, having, or which may hereafter have, a fire department supported in whole or in part at public expense, the council may declare the necessity of such service to each twenty-four hours shall be as follows, to-wit: From eight a. m. to six p. m. and from six p. m. to eight a. m.

Upon such declaration being made by the council the members of the fire department shall be divided into two platoons, and the members of such department shall be assigned to service in such platoons by the superintendent of the department of public safety or chief. The periods of service to each twenty-four hours shall be as follows: From eight a. m. to six p. m. and from six p. m. to eight a. m. The superintendent of the department of public safety or chief shall assign one platoon of officers and members to the period from eight a. m. to six p. m. and the other platoon of officers and members from six p. m. to eight a. m., and the officers and members assigned to each platoon shall alternate on the two periods of duty at intervals of not more than two weeks. No officer or member shall be required to remain on duty for more than fourteen consecutive hours except when changing from one tour of duty to the other, or in case of a conflagration requiring the services of more than one-half of the department. The superintendent of the department of public safety or chief is hereby authorized and directed to make the necessary assignments to the two respective platoons.

Nothing in this section shall appy to any town which does not maintain and pay for a fire department and employees thereof for full time.(1923, c. 43, §§1, 2, 3.)

§10. Pension or Relief Fund for Firemen and Policemen; Authorization; Board of Trustees.—In any municipal corporation in this State having, or which may hereafter have, a fire department and a police department, or either of such departments, supported in whole or in part at public expense, the council may, by ordinance, declare the necessity for the establishment and maintenance of a firemen’s pension or relief fund, and for a policemen’s pension or relief fund, or either of such funds, for the purpose hereinafter enumerated. And thereupon there shall be created a board of trustees, or boards of trustees, as the case may be, who shall administer and distribute the funds authorized to be raised by this section and succeeding sections.(1917, c. 45, §1; Code 1923, c. 48, §12; 1923, c. 44, §1.)

§11. Powers of Board of Trustees.—Such board of trustees, or boards of trustees, shall be corporations by the name and style of “The Board of Trustees of the Firemen’s Pension or Relief Fund of (name of municipality),” or “The Board of Trustees of the Policemen’s Pension or Relief Fund of (name of municipality),” as the case may be, by which names they may sue and be sued, plead and be impleaded, contract and be contracted with, take and hold real estate and personal estate, for the use of said firemen’s pension or relief fund or said policemen’s pension or relief fund and have and use a common seal. But in the absence of such seal, the private seal of the president of said corporation shall be equivalent to such common seal. Said boards of trustees may also in their corporate names do and perform any and all other acts and business pertaining to the trust created hereby or by any conveyance, device or dedication made for the uses and purposes of said board.(1917, c. 45, §2; Code 1923, c. 48, §13; 1923, c. 44, §2.)

§12. Trustees of Firemen’s Pension or Relief Fund; President; Secretary.—The said board of trustees of the firemen’s pension or relief fund shall consist of the executive officer of any municipal corporation availing itself of the privileges of the applicable sections of this article, the chief of the fire department and three other persons, members of the fire department, to be chosen as follows: The executive officer of such municipal corporation shall give notice of an election to be held on the second Monday of the month following the passage of the ordinance mentioned in the tenth section hereof, which notice shall be served upon each member of the fire department and which shall notify each member that between the hours of nine in the forenoon and six in the afternoon, on the day designated for such election, the election will be held for such purpose and that each member shall send under seal, in writing, the names of three persons, members of such fire department voted for; and all votes so cast shall be counted and canvassed by such executive officer together with the chief of the fire department, who shall announce the result, and the three members of the fire department receiving the highest number of votes shall, with such executive officer and the chief of the fire department, constitute “The Board of Trustees of the Firemen’s Pension or Relief Fund” for the ensuing year. In case of a tie vote being received by any two persons for the office of trustee, such tie vote shall be decided by casting lots, or in any other way which may be agreed upon by the persons for whom such tie vote was cast. The result of such election shall be entered in the record of the proceedings of said board and the members so elected shall serve for one year and until their successors are elected. The election for such members of the board of trustees shall be held annually upon the second Monday of the same month upon which the first election occurred. In case of vacancy by deaths, resignation, or otherwise, among the members so elected, the remaining members shall choose the successor, or successors, until the next annual election. The presiding officer of the board of trustees shall be the executive officer of such municipal corporation, and the secretary thereof shall be appointed by said board. It shall be the duty of such secretary to keep a full and permanent record of all the proceedings of the board, and said trustees may fix his compensation for this work, which shall be paid out of the funds of said firemen’s pension or relief fund.(1917, c. 45, §3; Code 1923, c. 48, §14; 1923, c. 44, §3.)

§13. Trustees of Policemen’s Pension or Relief Fund.—Where it is desired to establish also a policemen’s pension or relief fund, the method of procedure shall be in all respects the same as provided for the formation of the firemen’s pension or relief fund in the preceding section: Provided, however, That there shall be a separate board of trustees, composed of the executive officer of the municipal corporation, the chief of police and three members from the police department, the three members to be elected in the same manner as provided for the election of firemen to the firemen’s pension or relief fund in the preceding section.(1923, c. 44, §4.)

§14. How Firemen’s or Policemen’s Fund Maintained; Return of Assessments.—In every municipality availing itself of the provisions of this section, there shall be a firemen’s pension or relief fund or a policemen’s pension or relief fund, or both, as the case may be, which shall be maintained as follows: The council of such municipality is hereby authorized to levy annually, and in the manner provided by law for other municipal levies, and in addition to all of such municipal levies, a tax not to exceed seven and one-half mills on each one hundred dollars of all the real and personal property as listed for taxation in such municipality for the firemen’s pension fund, and a like levy not to exceed seven and one-half mills on each one hundred dollars of all the real and personal property as listed for taxation in such municipality for a policemen’s pension fund, or either of them. The amount of tax to be levied shall be fixed and determined by said board of trustees as aforesaid, and certified to the council of such municipality: Provided, That upon the recommendation of either or both of said boards of trustees, as the case may be, the council may also lay in any year still further levy or levies not to exceed seven and one-half mills each on each one hundred dollars of all such real and personal property for either or both of said pension funds, as the case may be.

The levies authorized under this section, or any part of them, may by the council be laid in addition to all other municipal levies, and to that extent beyond the limit of levy imposed by the charter of such municipality.

All fines imposed upon any member of the fire department and the police department, or either of them, by way of discipline or punishment shall be credited to said pension or relief fund of the department to which the member so fined belongs. And such corporation is authorized to take by gift, grant, devise or bequest, any money or real or personal property, upon such terms as to the investment and expenditure thereof as may be fixed by the grantor or determined by said trustees.

In addition to all other sums provided for pensions in this section, it shall be the duty of the municipal corporation availing itself of the privileges of the applicable provisions of this article to assess and collect from each member of such fire department or police department, or both of them, as the case may be, the sum of one dollar each month, which sum shall be deducted from the monthly pay of such person, and the amount so collected shall become a regular part of the firemen’s pension fund, if collected from a fireman, and of the policemen’s pension fund, if collected from a policeman: Provided, however, That all sums assessed against and collected from any employee shall, in case such employee be discharged or voluntarily leave his employment with such municipal corporation without receiving the benefit of said pension fund, be returned to him together with all its accrued interest, and no fireman or policeman shall be entitled to the benefits of such fund unless and until he pay into his respective pension or relief fund the sum of one dollar per month, as provided in this section.(1917, c. 45, §4; Code 1923, c. 48, §15; 1923, c. 44, §5; 1927, c. 45.)

§15. Custodian of Funds; Duties; Bond.—The treasurer of every municipality having a firemen’s or a policemen’s pension or relief fund, or both, shall be the custodian of such fund, or funds, and shall pay out the same upon the proper order of the board of trustees. Such treasurer shall be liable upon his official bond as treasurer for the faithful performance of his duties in respect to such fund or funds. Such fund or funds shall not be used for any other purpose than provided herein.(1917, c. 45, §5; Code 1923, c. 48, §16; 1923, c. 44, §6.)

§16. How Trustees of Funds to Invest Money Received.—The said board of trustees shall invest any moneys received by them either in interest-bearing bonds of the United States, or of the State of West Virginia, or of the county, school district or municipal corporation in which such municipality may be situated, or upon approved real estate security to the extent of not more than fifty percent of the assessed value of such real estate. Said board of trustees shall make a report to the council of the municipality on the condition of such fund on the thirty-first day of December of each year.(1917, c. 45, §6; Code 1923, c. 48, §17; 1923, c. 44, §7.)

§17. Regulations as to Distribution of Such Fund.—The boards of trustees of the firemen’s and policemen’s pension or relief funds shall make rules and regulations, not inconsistent with the applicable provisions of this article, for the distribution of such funds according to the qualifications of those to whom any portion of such funds shall be paid and the amount thereof: Provided, That no fireman or policeman shall be entitled to any pension to be paid out of such funds until after he shall have served continuously as a fireman or policeman in such municipality for the term of one year: Provided further, That such rules and regulations shall not be enforced until the same have been approved by the council.

Absence from service because of sickness or injury shall not be construed as time out of service.(1917, c. 45, §7; Code 1923, c. 48, §18.)

§18. How Sick or Disabled Members to be Paid.—If any member of such fire department or police department of any such municipality shall, while in the performance of his duties become, or be found upon examination by a medical officer, ordered by the person or persons having charge or control of the fire department or police department of such municipality, to be physically or mentally permanently disabled, so as to render necessary his retirement from all service in such department, such person or persons having charge of such service shall retire such permanently disabled persons from all service in such department; and said board of trustees of such pension and relief fund shall authorize the payment to such permanently disabled persons monthly from the pension fund, according to the terms of service in such department, the amounts as fixed by the rules hereinafter provided for. If any member of such department shall be injured or become sick, so as to render such member temporarily disabled, he shall be paid from said pension or relief fund the amount to be determined by the rules established, as aforesaid, during such disability for not exceeding twenty-six weeks.(1917, c. 45, §8; Code 1923, c. 48, §19.)

§19. Limitations on Payments; When Funds Insufficient.—Until the expiration of three years from the time of the creation of such corporation, unless otherwise authorized by ordinance of such municipal corporation, no payment shall be made to any member except from the income arising from said fund; and if at any time there shall not be sufficient money to the credit of said pension fund to pay each person entitled to the benefit thereof the full amount per month, as herein provided, then an equal percentage of such monthly payments shall be made to each beneficiary thereof, until said fund is so replenished as to warrant payment in full to each of such beneficiaries.(1917, c. 45, §9; Code 1923, c. 48, §20; 1923, c. 44, §8.)

§20. Payments Upon Retirement Without Disability; Payments in Case of Permanent Disability.—Any member of a municipal fire department or police department who is entitled to the benefits of said fund, and who has been in the continuous service of such department for twenty-three years, and shall have reached the age of fifty years, may, upon written application to the chief of such department, be retired from all service from such department without medical examination or disability, and on such retirement the board of trustees shall authorize the payment to such retired member during the remainder of his life of seventy-five dollars per month. A member of such department who may have served twenty-three years, but not continuously, and shall have reached the age of fifty years, shall be entitled to the benefits of this section, provided he shall not have been out of the service for a period longer than two years.

The sum to be paid to permanently disabled members shall be at the rate of ninety dollars per month, which shall be paid regardless of the length of service or position in the department of such disabled member.

Absence from service because of sickness or injury shall not be construed as time out of service.(1917, c. 45, §10; Code 1923, c. 48, §21; 1923, c. 44, §9; 1927, c. 44.)

§21. Payments in Case of Death.—In case any such municipal employee who has been in continuous service for over five years shall be killed or die, then, and in that case, the board of trustees of said pension fund shall pay to the dependent wife or dependent minor children or dependent mother or father, or brothers and sisters, if there be any such one or ones, the following pensions, viz: To the widow, the sum of thirty dollars per month, until her death or remarriage; for the support and maintenance of any dependent children, the sum of five dollars per month for each living child until such child shall have attained the age of sixteen years: Provided, That such widow shall not receive from said fund for the support and maintenance of herself and such children an amount in excess of forty-five dollars per month; to a dependent mother and father the sum of fifteen dollars per month to each, and, if one be dead, the sum of twenty dollars per month to the survivor; to dependent brothers and sisters, until they shall have attained the age of sixteen years, the sum of five dollars per month for each, but in no case shall the total amount paid to brothers and sisters exceed thirty dollars per month: Provided further, That the total payments to the dependents of any such municipal employee shall not exceed an amount in the sum of forty-five dollars per month. But if at any time, because of the number of dependents, all such dependents cannot be paid in full as herein provided, then each dependent shall receive his pro rata share of such payments: Provided, however, That in no case shall the payments to the widow and children be cut below sixty per cent.

The dependent wife, child or children, or dependent father or mother, brothers or sisters of any such municipal employee who shall be killed in the performance of his duties shall, regardless of the length of his service, receive a pension as provided for in that portion of this section fixing the amount to be paid to the dependents, but in no case to exceed the sum of forty-five dollars per month.

Absence from service because of sickness or injury shall not be construed as time out of service.(1917, c. 45, §§11, 12; Code 1923, c. 48, §§22, 23; 1923, c. 44, §§10, 11.)

§1. Tax Bills; How and by Whom Prepared; List of Dogs.—It shall be the duty of the sergeant or such other officer as may be designated by the municipal council to prepare the tax bills, which shall be based upon the county assessor’s valuations of real and personal property within the municipality. It also shall be the duty of such sergeant or other officer to make a list of all dogs in the municipality, and of the names of the owners thereof, which list shall be returned to the council.(Code 1868, c. 47, §41; 1882, c. 92, §41; Code 1923, c. 47, §41.)

§2. Collection of Municipal Taxes, Fines and Assessments; Duties of Sergeant.—It shall be the duty of the sergeant or such other officer as may be designated by the municipal council to collect and promptly pay into the treasury all taxes, special assessments, fines and other moneys due the municipality, and such sergeant or other officer is hereby vested with the same rights to distrain for the same as is vested in the sheriff for the collection of taxes. Such officer shall give bond, conditioned according to law, in such penalty and with such security as the council may require.(Code 1868, c. 47, §§35, 37; 1882, c. 92, §§35, 37; Code 1923, c. 47, §§35, 37.)

§3. Lien for Taxes; Delinquencies.—There shall be a lien on all real estate within the municipality for the taxes assessed thereon for municipal purposes. The lien for municipal taxes shall attach and the taxes shall become due at the same time, be subject to the same discount, and bear interest at the same rate and from the same time, as state and county taxes; and such lien may be enforced by the council in the same manner provided by law for the enforcement of the lien for state and county taxes, or in such other manner as the council may by ordinance prescribe. If any real estate within such municipality be returned delinquent for the nonpayment of the taxes thereon, copies of such delinquent list may be certified by the council to the sheriff and the auditor, and such real estate may be sold for the taxes, interest and costs of publication thereon, in the same manner, at the same time and by the same officer as real estate is sold for the nonpayment of state and county taxes: Provided, That any such delinquent real estate list of any municipality that may be certified to the sheriff and the auditor as herein provided shall be so certified to them before the first day of September in the year next succeeding that for which such taxes were assessed: Provided further, That in all cases where a delinquent list of real estate is certified to the sheriff and the auditor as aforesaid, the council shall at the same time certify a like list to the clerk of the county court of the county wherein such real estate is situated and returned delinquent by such council; and it shall be the duty of such clerk forthwith to record the list so certified to him in the record of delinquent real estate kept in his office, and in which is recorded the delinquent list of real estate returned by the sheriff of his county. The council shall pay to such clerk for recording such list a reasonable compensation therefor, not to exceed one cent for each parcel of real estate so certified to him and twenty-five cents for recording the certificate to such list.(Code 1868, c. 47, §36; 1882, c. 92, §36; 1895, c. 14, §36; Code 1923, c. 47, §36; 1925, c. 39, §36.)

§4. Remedies for Failure to Collect, Account for, or Pay Over, Taxes, Etc.—If the sergeant shall fail to collect, account for and pay over all or any of the moneys with which he may be chargeable, belonging to the town, according to the conditions of his bond and the orders of the council, it shall be lawful for the council to recover the same by action or, on giving ten days’ notice of such motion, by motion, in the corporate name of the town, in the circuit court of the county in which the same is situated; or, where the sum does not exceed three hundred dollars, before a justice of the district in which the same is situated, against the sergeant and his sureties, or any or either of them, or his or their executors or administrators.(Code 1868, c. 47, §38; 1882, c. 92, §38; Code 1923, c. 47, §38.)

§5. Correcting Erroneous Tax Levy.—Upon petition of interested persons, as provided in chapter eleven for superseding levies, the circuit court of the county may supersede a levy made by such town, in the same manner, and to the same effect, as provided in said chapter. The court, if it deem proper to do so, may require security for costs.(1875, c. 72; Code 1923, c. 47, §41a.)

§6. Exemption From Road Taxes, Work on Roads and Levies for the Poor.—The inhabitants of any incorporated town which constructs and keeps in good repair the roads, streets, alleys, sidewalks and gutters within the same shall not be required to pay any district road taxes, assessed by the county court, or to perform any labor on the roads outside of the corporate limits of the town in which they reside, nor shall the inhabitants of any such town, which provides for its own poor, be required to pay any levies assessed by the county court for the support of the poor outside of such corporate limits; but beyond this, the taxable property in any town shall not be exempt from the payment of county levies for any purpose for which such levy may be lawfully laid, by reason of any provision in its charter or act of incorporation, or otherwise.(Code 1868, c. 47, §43; 1882, c. 92, §43; Code 1923, c. 47, §43.)

§7. Publication of Financial Statement.—Every municipal corporation shall cause to be published in two newspapers of opposite politics, if there be such published therein, at a compensation not to exceed the rate provided by law for like publications, for one issue, or, if no such newspaper be published therein, to publish in pamphlet form not less than one hundred copies of a sworn statement of the financial condition of such corporation. Such statement shall contain an itemized account of the receipts and expenditures of the city or municipality, showing the source from which all money was derived, and the name of the person to whom an order was issued, together with the amount of such order, and why such order was issued, arranging the same under distinct heads, and also a specific statement of the debts of such municipal corporation, showing the purpose for which any debt was contracted, the time it becomes due, the rate of interest, up to what time the interest thereon has been paid, the amount of money in the treasury at the end of the preceding administration and the debts contracted by it. Such statement shall be prepared by the municipal corporation every twelve months and shall then be printed according to the provisions of this section. Either method of making the report shall be sworn to by the recorder, by the mayor and two members of the city council. One copy of such printed report shall be delivered to the judge of the judicial district, one to the clerk of the county court, one to the clerk of the circuit court, one shall be kept as a part of the records of the city or municipal corporation, and the remainder shall be held for distribution as called for by the taxpayers. If a city council fail or refuse to perform the duties hereinbefore named, every member of such council and the recorder thereof concurring in such failure or refusal shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than one hundred dollars. If any of the provisions of this section are violated, it shall be the duty of the prosecuting attorney of the county in which such violations are made to immediately present the evidence thereof to the grand jury if in session, and if not in session, he shall cause such violation to be investigated by the next succeeding grand jury.(1905, c. 52, §1; Code 1923, c. 47A, §2.)

§8. Statements to Conform to the Fiscal Year.—All reports, settlements, accounts and statements of municipalities which are now, or which hereafter may be required by law, shall be kept and made to conform to the fiscal year.(1909, c. 65, §1; Code 1923, c. 39, §28a.)

§1. Assessments for Improving Sidewalks.—If the owner of real property abutting upon any sidewalk or footway, in any municipality to which this chapter applies, shall fail or refuse to curb, recurb, pave, repave or keep the same clean, or if the occupant abutting upon such sidewalk or footway shall fail or refuse to keep the same clean, in the manner or within the time required by the council, it shall be the duty of the council to cause the same to be done at the expense of the municipality and to assess the amount of such expense upon such owner or occupant, and the same may be collected by the sergeant in the manner herein provided for the collection of municipal taxes by the sheriff.(Code 1868, c. 47, §34; 1882, c. 92, §34; 1895, c. 14, §34; Code 1923, c. 47, §34.)

§2. Old Method Assessments for Paving Streets.—Upon the petition, in writing, of the persons owning the greater amount of frontage of the lots abutting on both sides of any street or alley, between any two cross streets, or between a cross street and alley, the council of any such town, by a lawful majority thereof, may order such part of any street or alley to be paved or repaved between the sidewalks with cobblestone, brick, Belgian blocks, asphaltum or any other material, from one of such cross streets to the other, under such regulations as may be fixed by ordinance duly passed by council: Provided, however, That where a foreign railroad or other foreign corporation is the owner of property abutting upon such street or alley, notice shall be given to such corporation, in the manner provided in article ten of this chapter, of the intention to improve such street or alley, before the enactment or adoption of any ordinance or resolution relating to such work. Two-thirds of the cost of such paving or repaving shall be assessed to the owners of the lots or fractional parts of lots abutting on the part of the street or alley so paved, in proportion to the distance such lot or part of a lot abuts on such street or alley, and the remaining one-third of the cost of such paving or repaving shall be paid by the town. In making such assessments the basis shall be the cost of paving or repaving that part of the street or alley on which the property lies, included between the adjoining cross streets or alleys; and the amounts assessed against the owners of each lot, or fractional part of a lot, shall be in the proportion which the frontage of such lot or part of a lot bears to the whole cost of paving or repaving such street or alley between such cross streets or alleys as aforesaid.(1895, c. 14, §34; Code 1923, c. 47, §34.)

§3. Certification and Recordation of Assessments.—When an assessment has been made as herein provided, it shall be the duty of the council immediately to certify such assessment to the treasurer for collection; and a copy of such order shall be certified by the recorder to the clerk of the county court of the county wherein such property is situated. Such clerk shall record and index the same in the proper trust deed book in the name of each person against whose property assessments appear therein.

§4. Lien for Such Assessments.—There shall be a lien on all abutting real property asssessed for improvements under this article, which lien shall become effective, as against creditors of the owners thereof or purchasers for value without actual notice of such liens, only from and after the time that a statement thereof, certified as herein provided, shall be filed for record in the office of the clerk of the county court of the county wherein such abutting property is situated. Such a lien shall have priority over all other liens except liens for taxes, and may be enforced by the council by suit in equity, in the corporate name of the municipality, in the same manner prescribed by law for the enforcement of liens for state taxes, or in such other manner as the council may by ordinance prescribe.(Code 1868, c. 47, §36; 1882, c. 92, §36; 1895, c. 14, §36; Code 1923, c. 47, §36; 1925, c. 39, §36.)

§1. Municipalities to Which Article Applies.—This article shall apply only to municipalities which have a bona fide resident population of one thousand or more persons.[1908, c. 8, §15; Code 1923, c. 47, §49c(15).]

§2. New Method Assessments for Paving or Other Permanent Street Improvements; Liens.—Whenever the council of any such municipal corporation shall deem it expedient to cause any street or alley in such corporation, or portion thereof, to be curbed, or recurbed, paved or repaved, macadamized or remacadamized or otherwise improved or reimproved in a permanent manner, upon the petition in writing of persons owning the greater amount of the frontage of the lots abutting on both sides of any street or alley, between any two cross streets or between a cross street and an alley, it shall order the work done in the following manner and upon the following terms: After due advertisement in which the council shall reserve the right to reject any and all bids, the contract for such improvements, if let, shall be let to the lowest responsible bidder. The contractor shall look only to the town for the payment of the work, and in no sense to the abutting land owners. Subject to the provisions of section ten of this article, the total cost of curbing, grading and paving or otherwise improving or reimproving any such street or alley, with the exception, in the case of a street occupied by street car tracks or other railways, of the distance between the rails and two additional feet outside of each rail, which portion shall, unless otherwise provided by an ordinance of such town or by the franchise of such street car or other railway company, be borne and paid entirely by the street car or other railway company operating such street or other railway, shall be borne by the owners of land abutting upon such street, alley or portion thereof, according to the following plan: Payment is to be made by all land owners on either side of such portion of a street or block so paved or improved, in such portion of the total cost, less the portion, if any, chargeable to such street or other railway company, as the frontage in feet of his land so abutting bears to the total frontage of all land so abutting on such street, alley or portion thereof so paved or improved as aforesaid: Provided, however, That where a foreign railroad or other foreign corporation is the owner of property abutting upon such street or alley, notice shall be given to such corporation, in the manner provided in article ten of this chapter, of the intention to improve such street or alley, before the enactment or adoption of any ordinance or resolution relating to such work.

When the paving or repaving of any street, or alley, or portion thereof, shall have been let to contract, and the work done as hereinbefore provided, it shall be the duty of the engineer of such town to cause the several frontages abutting thereon to be measured and to calculate the assessment upon each and every land owner so abutting and to certify the same to the council showing the proper amount to be determined as provided in the foregoing plan. It shall be the duty of the council to examine and compare such assessment, amounts and names so certified to it, and thereupon such council shall give notice, by publication once a week for two successive weeks in some newspaper published in such town, that an assessment under this section is about to be laid against the abutting property for paving, repaving or improvements done on such streets or alleys, describing the location of such paving, repaving, or improvements, and any owner or owners thereof shall have the right to appear before such council, within two weeks from the first publication thereof and move such council to correct any apportionment or assessment excessive or improperly made as charged, which corrections such council shall have the power to make, and if found to be correct or when corrected by the council, as aforesaid, it shall enter the same together with a description of the lots of land as to location, frontage, depth and ownership, so far as the same may be ascertained, upon its records and enter in its records that such owners and lots be assessed and chargeable with the amount so ascertained to be borne by them, respectively, and when so approved, certified and entered of record the same shall be and constitute an assessment against such owners and lots for such respective amounts. And it shall be the duty of the council immediately to certify such assessment to the treasurer for collection as herein provided, and a copy of such order shall be certified by the recorder to the clerk of the county court of the county wherein such property is situated, who shall be required to record and index the same in the proper trust deed book in the name of each person against whose property assessments appear therein. The amount so assessed against such abutting land owners shall be paid in ten payments as follows: One-tenth of such amount, together with interest on the whole assessment for one year, shall be paid into the treasury of the town before the first day of May next after such work is completed and after such assessments have been certified to the county clerk. And a like one-tenth together with interest for one year upon the whole amount remaining unpaid shall be paid on or before the first day of May in each succeeding year thereafter until all has been paid. And each of such installments of one-tenth, beginning with the first, shall, until paid, bear interest on the amount of such installment at six per cent per annum from the date of the record of same in the office of the clerk of the county court: Provided, however, That any abutting owner so liable for any portion of the cost of such improvements shall have the right at any time after the same is certified as aforesaid to the treasurer for collection to anticipate the payment of any or all of such assessments and shall be allowed to pay the face of such assessment with interest at six per cent per annum only to the time of payment.

To each of such installments of assessments remaining unpaid in the treasurer’s hands on the days herein specified for the payment thereof, a penalty of ten per cent shall be added, and any assessments so remaining unpaid in the treasurer’s hands on such date shall be taken up by the council, on such settlements had with the treasurer on such dates, and there upon such council shall place such assessments, with the penalty added thereto, in the hands of the sergeant or other officer of such town whose duty it is to collect assessments, to be treated and considered, and payment thereof enforced in all respects as hereinbefore provided for the collection of taxes due the town, and they shall be a lien upon the property liable therefor the same as a lien for taxes, which lien may be enforced in the same manner as provided for taxes.

The liens hereinbefore provided for shall have priority over all other liens except those for taxes. Whenever all such assessments for such improvements shall be paid in full to the treasurer he, on behalf of the municipality, shall execute and deliver to the party paying the same a release of the lien therefor, which may be recorded in the office of the clerk of the county court as other releases of liens; and whenever any such assessments shall not be in the hands of the treasurer for collection, but the same shall be shown, to the satisfaction of the town auditor or other official performing the duties of auditor, to have been paid in full to any officer entitled to receive the same, such auditor or the mayor, in cases where the corporation has no auditor, may in like manner execute such release.[1908, c. 8, §2; Code 1923, c. 47, §49c(2).]

§3. Assessments for Sewers; Liens.—Whenever the council shall order the construction of any public sewer in any town, the owners of the property abutting upon any street in which such sewer shall be constructed shall be charged with and liable for sewerage assessments as follows: When such sewer is completed the engineer of such town shall report, in writing, to the council, the total cost of such sewerage and a description of the lots of land as to the location, frontage, depth and ownership liable for such sewer assessment, so far as the same may be ascertained, together with the amount chargeable against each lot and owner, estimated on the basis of one dollar per foot for inside lots, and one dollar and twenty-five cents per foot for corner lots, frontage measures on such sewer being considered, except that such estimate as to corner lots fronting thereon and having a greater depth than one hundred and fifty feet shall be estimated at one dollar and fifty cents per foot frontage, and any lot having a depth of two hundred feet or more and fronting on two streets, one in the front and another in the rear of such lot, shall be assessed on both of such streets, if a sewer is constructed on both streets, or if fronting on a street and running back two hundred feet or more to an alley, shall be assessed on both the street and the alley if a sewer shall be constructed in both street and alley. Where a corner lot has been assessed on one end it shall not be assessed on the side. And thereupon such council shall give like notice by publication as is required in case of street paving assessments, and the same rights shall exist as to the persons and property affected and the same duty as to corrections by such council, as are prescribed with reference to paving, which report shall in like manner be examined by the council, and if found to be correct or corrected as aforesaid, and if such estimated assessments are found to be a fair and equitable apportionment of the cost of such sewer, it shall enter an order upon its record setting forth such location, depth, ownership and such amount of such sewer assessment, against each, respectively, calculated as aforesaid, and the entry of such order shall constitute and be an assessment for such proportion and amount so fixed therein against such respective owners and lots, and if after such advertisement, notice and hearing such council shall find that such apportionment at such rate is unjust, or inequitable, it shall ascertain, fix and assess the cost thereof among and upon the abutting owners respectively, justly and equitably, and in like manner assess and enter the amounts so fixed respectively upon its records, and the council shall in either event thereupon certify the same to the treasurer for collection, and certify a copy of such order to the clerk of the county court of the county wherein such abutting property is situate, who shall record the same in the proper trust deed book, and index the same in the name of each owner of any such lot so charged with such assessment, and such assessment so made shall constitute and be a lien upon such lots respectively, which shall have priority over all other liens except those for taxes. Such amounts so assessed against such several land owners shall be paid by the parties liable therefor to such treasurer at all times in the manner and with the attendant penalties for failure to pay promptly at the time prescribed in all respects as hereinbefore provided in the case of assessments for paving streets and alleys in a permanent manner, and the parties liable therefor shall in the same manner and to the same extent have the right and be entitled to anticipate any or all of such installments thereon as in such case provided. The owner or owners of any lot abutting on any street or alley in such town on which a public sewer is or may hereafter be laid and constructed, upon which lot any business or residence building is or may hereafter be erected, not connected with a public sewer, may be required and compelled by the board of health to connect any such building with such sewer. Notice so to connect may be given by the board of health either to the owner, lessee or occupant of such building. Each day’s failure to comply with such notice and connect with such sewer by such owner or owners, after ten days after such notice is given, shall be a misdemeanor and a separate and new offense under this section, and each such offense shall be punishable by a fine of not less than five nor more than twenty-five dollars. Jurisdiction to hear, try, determine and sentence for violation of this section is vested in the police court of such town, or, where no police court exists, in the mayor.[1908, c. 8, §3; Code 1923, c. 47, §49c(3).]

§4. When Liens for Such Assessments Become Effective.—The liens provided for in sections two and three of this article for street improvement and sewerage assessments shall constitute liens upon the real estate assessed, as against creditors of the owners thereof or purchasers for value and without actual notice of such liens, only from and after the time that the statement thereof, certified as herein before provided, shall be filed for record in the office of the clerk of the county court of the county wherein such abutting property is situate.[1908, c. 8, §3; Code 1923, c. 47, §49c(3).]

§5. Resolution for Paving or Sewerage; Publication; Special Assessments; Assessments Nontaxable.—Whenever it is deemed expedient by the council to provide for grading, paving, curbing, sewering, macadamizing or otherwise improving or reimproving any street or alley therein, to be paid for in whole or in part by special assessments, such council shall declare by resolution, three-fifths of the whole number elected thereto concurring, by an aye and no vote, the necessity for such improvement. At the time of the passage of such resolution the council shall have on file, in the office of the recorder or clerk of the town, plans, specifications, estimates and profiles of the proposed improvements, showing the proposed grade of the street and the proposed improvement, after completion, with reference to the property abutting thereon, which plans, specifications, estimates and profiles shall be open to the inspection of all persons interested. Such resolution shall determine the general nature of the improvement, what shall be the grade of the street, alley or other public place to be improved, as well as the grade or elevation of the curbs, and such council shall approve the plans, specifications, estimates and profiles for the proposed improvement.

The council shall also determine in such resolution the method of paying for the work contemplated in such plans and specifications, whether by an appropriation from funds in the treasury unappropriated, or by the issuance of certificates as hereinafter provided, or whether or not bonds shall be issued in anticipation of the collection of special assessments to be made against the abutting property owners, as provided for in section two of this article. But before any such resolution shall be passed, providing that improvements shall be made, the same to be paid for by assessments against abutting property, at least thirty days’ written notice of the intention to pass such resolution shall be served on each of the abutting property owners in the manner provided in sections one and two, article two, chapter fifty-six of this Code: Provided, however, That where a foreign railroad or other foreign corporation is an abutting property owner, notice to such corporation shall be given in the manner provided in article ten of this chapter. And such owner or owners shall have the right to be heard for or against the passage thereof.

Assessments shall be payable in ten installments as provided for in section two of this article, and shall be recorded and constitute a lien as provided in sections two and four of this article. The resolution herein provided for declaring the necessity for such improvement shall be published at least once a week for two successive weeks after its adoption in two newspapers of general circulation, and of opposite politics, in the town in which such improvements are to be made, and an affidavit of the publisher showing publication for such time, together with a copy of such notice attached, shall be filed with the recorder or clerk of the council and spread upon the record of the minutes of the next meeting of the council. Where there are not two newspapers of general circulation and of opposite politics in the town, publication in one newspaper of general circulation therein for the required time shall be all that is required for this or any other notice provided for by this article. Such resolution shall be in effect from and after the first publication thereof as herein provided for. If there be no newspaper in such corporation, the notice may be given by posting at the front door of the building where the council of such corporation holds its meetings.

In all cases where an assessment is made upon the property abutting on the street or alley improved in accordance with the provisions contained in this section and in sections two and three of this article, the council may by resolution entered of record by it, sell, assign and transfer to any person or persons, for a cash consideration, all or any of the assessments perfected as herein provided, and apply the amount received thereby to the payment of the costs of such improvements. But no such sale and assignment shall be made until either bonds or certificates of indebtedness shall have been issued for such assessment, which shall be described in detail in the notice of the lien thereof to be recorded in the trust deed record in the office of the clerk of the county court. But no sale or transfer of such assessment shall be at a greater discount than five per cent of the aggregate sum represented by such sale. When authorized to do so by the council, the mayor of such town may make an assignment and transfer of such assessments, so evidenced by such bonds or certificates of indebtedness as aforesaid; and, when so made and recorded in the trust deed book in the office where such assessments are recorded, the purchaser of such assessments shall be and remain until the payment thereof subrogated to all of the rights and remedies, without recourse on such town, as were obtained by recording such assessments in the first instance, and such council may issue against each of the several properties upon which such assessments have been made, bonds or certificates of indebtedness corresponding in denomination and otherwise to the annual sum to be paid on each of the properties so assessed, and the assessments on such properties shall, when so made and recorded, remain and be a lien thereon until all such bonds or certificates of indebtedness are discharged. The lien created by such assessment and by the issuance of any bonds or certificates issued therefor may be released as provided by law in the case of other liens, and, in addition thereto, upon presentation to the clerk of the county court of the county wherein the real estate subject to such lien is situated all the bonds or certificates issued thereunder, as to any specific real estate therein described or located, showing that the same have all been paid, such clerk is hereby empowered to release the lien of such assessment as to any such real estate, by noting a release thereof on the record of the lien as to such real estate on the margin of the trust deed book, where the same is recorded, and such annotation by such clerk shall have the effect to release such real estate from such lien as effectively as a regularly executed and recorded release thereof. The proceeds of the sale of such bonds or certificates of indebtedness shall be applied to the payment of the indebtedness incurred in making the improvements on account of which such bonds or certificates of indebtedness were issued. Should such governing body of any town decide to issue bonds or certificates of indebtedness, as herein provided, it may call upon the attorney general of this State for a proper form, and it shall be the attorney general’s duty to furnish a proper form for all such bonds or certificates of indebtedness.

In addition to the methods hereinbefore and hereinafter prescribed for the payment of the cost of construction and improvement of streets, sewers and sewer systems, the council may order any street, alley, or portion thereof, to be graded and paved, repaved, or otherwise permanently improved or reimproved or may order any sewer constructed and laid in any street, alley or in any right of way or easement, or portion thereof, and the council may order to be issued a certificate for each installment of the amount of the assessment to be paid by the owner of any lot or fractional part thereof abutting on the street, or alley so improved, or on the street, alley, right of way or easement, or portion thereof, in which such sewer is laid. The amount specified in such assessment shall be a lien as aforesaid in the hands of the holder of such certificate upon such abutting lot or part of lot, and such certificate shall draw interest from the date of such assessment and the payment may be enforced in the name of the holder of such certificate by proper suit in equity in any court having jurisdiction to enforce such lien. The council shall fix the amount of such assessment, advertise for bids and do all other things in connection therewith as are hereinbefore and hereinafter provided in this chapter, except (a) that the amount of such certificate shall include the whole cost of such improvement, including the cost of grading, paving and curbing squares at intersections of streets, the costs of which intersections shall be apportioned against the several properties abutting upon the street or portion thereof so improved, but such cost, if any, as is chargeable to street car or railway companies shall be charged to and paid by such companies; (b) when a sewer is completed, the cost of which is to be paid by the issuance of certificates, payment is to be made by such land owner on either side or such portion of a street, alley, right of way or easement in which such sewer is laid, in such proportion as such frontage of his land upon such street, alley, right of way or easement bears to the total frontage of all lands so abutting on such street, alley, right of way or easement. In case of a corner lot, frontage is to be measured along the longest dimensions thereof abutting on such street, alley, right of way or easement in which such sewer is laid. Any lot having a depth of two hundred feet or more and fronting on two streets, alleys, rights of way or easements, one in front and one in the rear of such lot shall be assessed on both of said streets, alleys, rights of way or easements, if a sewer is constructed in both such streets, alleys, rights of way or easements. Where a corner lot has been assessed on the end it shall not be assessed on the side, and where it has been assessed on the side, it shall not be assessed on the end; (c) the cost of a sewer system shall be calculated in every respect in the same manner as the cost of the construction of a single sewer, except that such a system shall be deemed to include all elements of the system which serve to drain a definite drainage area as specified in the order of the council directing the work to be done, and the owner of property abutting upon either side of such portion of a street or right of way in which any part of such system is laid shall be assessed in the proportion that the frontage of his abutting land bears to the total frontage of all lands so abutting on such street or right of way. Paving certificates shall be issued in the same number of installments and payable at the same time as other paving assessments provided for in this chapter. Sewerage certificates shall be issued in such number of installments as the council may determine, the aggregate amount of such certificates to be payable in not less than one nor more than five years, and to be divided in as nearly equal installments as practicable. Nothing contained in this section shall be construed as imposing a time limit upon the enforcement by appropriate suit of any lien for public improvements, heretofore or hereafter created.

Certificates authorized by this section may be issued, sold or negotiated to the contractor doing the work, or to any other person if the council deem it expedient: Provided, That the town in issuing such certificates shall not be held as guarantor or in any way liable for payment thereof, except upon the direct action of the council expressed by resolution of record before sale.

Certificates so issued shall contain a provision to the effect that in the event of default in the payment of any one of such certificates when due, and such default continuing for a period of sixty days, then all unpaid certificates shall become due and payable and the holder of such certificates may proceed to collect all of such unpaid certificates in the manner hereinbefore provided. Certificates issued in pursuance of this section shall be negotiable at any bank in the town by which they are issued.

Such certificates or assessments shall be exempt from state, county, district or municipal taxes.

The owner of the land or lot of land assessed under this section may at any time anticipate and pay such assessment or certificate with accrued interest thereon.[1908, c. 8, §4; Code 1923, c. 47, §49c(4); 1925, c. 63, §4.]

§6. Notice of Resolution; How Served.—A notice of the passage of the resolution required in the preceding section, embodying a copy of such resolution, shall be served upon the owner of each piece of property to be assessed, such service to be made in the manner provided in section one, article two, chapter fifty-six of this Code: Provided, That if any of the owners or persons be not residents of the county wherein such improvement is proposed, or if it appears by the return, in any case, that the owner cannot be found, then a notice of the passage of such resolution shall be published in some newspaper of general circulation in the town in which such improvement is proposed to be made, once a week for two successive weeks, and such notice, whether by service or publication, shall be completed at least three days before such improvement is begun or the assessment is levied, and the return of the officer serving such notice or a certified copy of such return, or where published, the certificate of the publisher of such newspaper, shall be prima facie evidence of the service of the notice as herein required: Provided further, That if the owner be a railroad company or other corporation, notice shall be served upon some agent or attorney for such railroad company or corporation within the county wherein such town is situate, if there be such agent or attorney within such county; and such service shall be made two weeks before such improvement is begun or the assessment is levied. Notice upon infants may be served on their guardians and upon insane persons by service upon their committees.[1908, c. 8, §5; 1909, c. 70, §5; Code 1923, c. 47, §49c(5).]

§7. Ordinance for Paving or Sewering.—At the expiration of the time for the giving and publication of the notices as provided for in the preceding section, the council shall determine whether it will proceed with the proposed improvement or not, and if it decides to proceed therewith, an ordinance for the purpose shall be passed. Such ordinance shall set forth the streets and alleys upon which the abutting property is to be assessed for the improvement, shall contain a statement of the general nature of the improvement and the character of the materials which may be bid upon therefor, a statement of the mode of payment therefor, a reference to the resolution theretofore passed for such improvement, giving the date of its passage and a statement of the intention of the council to proceed therewith in accordance with such resolution and in accordance with the plans, specifications, estimates and profiles provided for such improvement. In setting forth the lots and lands abutting upon the improvement, it shall be sufficient to describe them as the lots and lands abutting upon such improvement between and including the termini of such improvement, or by the description by which they are described on the land books of the county in which such lots are situate; and this rule of description shall apply in all proceedings in which lots or lands are to be charged with a special assessment.[1908, c. 8, §8; Code 1923, c. 47, §49c(8).]

§8. When More Than Majority of Council Must Authorize Improvements.—No public improvement, the cost or part of the cost of which is to be specially assessed on the owners of property, shall be made without the concurrence of three-fifths of the whole number of members elected to the council, unless the owners of a majority of the foot frontage to be assessed petition in writing therefor, in which event the council shall be authorized (a majority of the whole number elected thereto concurring) to proceed with the improvement in the manner herein provided for.[1908, c. 8, §10; Code 1923, c. 47, §49c(10).]

§9. Assessments When Ordinance Names Several Kinds of Materials and Bids Cover Any of Such Kinds.—In any case in which special assessments have been made or shall hereafter be made upon property for the construction of any improvements authorized by this article, and several kinds of material have been named in the ordinance or ordinances providing for the same, if bids have been received for the construction of such improvements with any, either or all of such materials, such assessments shall be valid and binding assessments upon the property so assessed.[1908, c. 8, §9; Code 1923, c. 47, §49c(9).]

§10. Who Pays for Paving Street Intersections; When Repaving is Chargeable to Abutters.—Except as otherwise provided in section five of this article and except as otherwise provided by special charter, in all municipalities subject to this chapter, the municipal corporation shall pay the cost of paving the intersections at all cross streets, but not including the places where private alleys or private crossings cross the sidewalk, which shall be paid by the owner or owners of said private alley or crossing at the time the paving is laid on said crossing. When the cost of paving any sidewalk or any street (including intersections) has been charged to abutting property owners under either this article or the preceding article of this chapter, no part of the cost of repaving any such sidewalk or street (including intersections) within ten years after such paving shall be charged to such abutting owners.[1908, c. 8, §6; Code 1923, c. 47, §49c(6).]

§11. Who Pays for Improvements Passing by or Through Public Property or Property of Church or Eleemosynary Institution.—When the whole or any portion of the improvement authorized by this article passes through or by a public wharf, market space, park, cemetery, structure for the fire department, water works, school building, infirmary, market house, workhouse, hospital, house of refuge, bridge, gas works, public prison, courthouse, church, or any other public structure or public grounds within such corporation and belonging to such corporation or to the county, State, or any church, association, or eleemosynary institution, the council may authorize the proper proportion of the estimated costs and expenses of the improvement to be certified to the clerk of the county court of the county wherein such corporation is situate, and the same shall there upon be recorded by such clerk in the proper trust deed book and shall thereupon become a lien against such property and collectible as other assessments are collected against individuals under this article; and it shall be the duty of those persons having charge of the fiscal affairs of any such property or institution to make proper arrangements for the meeting of such assessments when due and payable.[1908, c. 8, §11; Code 1923, c. 47, §49c(11).]

§12. What Cost of Improvement Includes.—The cost of any improvement contemplated in this article, and for which assessments may be made, shall include the cost and expenses of the assessment, the expense of the preliminary and other surveys, and of printing and publishing all notices required to be published, and of serving the notices on property owners, and the cost of construction.[1908, c. 8, §12; Code 1923, c. 47, §49c(12).]

§13. When to Commence Suits for Damages From Improvements.—No person who claims damages, arising from any cause due to or arising out of such improvements, shall commence a suit therefor against the municipality until his claim shall have been presented to the council for settlement and until sixty days thereafter, in order that the corporation may take such steps as it may deem proper to settle or adjust the claim.[1908, c. 8, §13; Code 1923, c. 47, §49c(13).]

§14. Issuance and Sale of Bonds for Stree Improvement or Sewers.—Any municipal corporation incorporated by special act or otherwise for the government of a town in this State, and having a population of one thousand or more, is hereby authorized to issue its bonds for the purpose of providing for grading or regrading, paving or repaving, curbing or recurbing and otherwise improving or reimproving the streets and alleys of such municipal corporation, or constructing sewers for the proper drainage of such corporation, in anticipation of special assessments to be made upon the property abutting upon the streets and alleys so improved, or property so sewered or drained, and such bonds may be in such an amount as will be sufficient to pay the entire estimated cost and expense of such improvements for which such special assessments are levied. Such town is also authorized to sell such bonds: Provided, That the price for which they are sold shall not be below the par value of such bonds. Such bonds shall be payable in not to exceed ten years from the date of the issue thereof, and shall bear interest not to exceed six per cent per annum, payable annually; and in the issuance and sale of such bonds, the municipality shall be governed by all the restrictions and limitations, of the Constitution of this State, and by the restrictions and limitations of the statute of this State with respect to the issuance and sale of other bonds, so far as they are not in conflict with the provisions of this article; and the assessments as paid and provided for in this article shall be applied to the liquidation of such bonds and the interest thereon; and if by reason of the penalties collected with the delinquent assessments there be any balance after the payment of such bonds and all accrued interest and costs, such balance shall be turned into the town treasury to the credit of the interest and sinking fund of the town: Provided further, That no such corporation shall by sale or issue of such bonds cause the aggregate of its debt of every kind whatsoever to exceed five per cent on the value of taxable property therein: And provided further, That nothing herein contained shall be construed as authorizing any such municipal corporation to become indebted in any other manner or for any other purpose, to an amount, including the existing indebtedness, in the aggregate exceeding two and one-half percent on the value of the taxable property therein (as provided in section three, article one, chapter thirteen of this Code) except for the purpose of grading, paving, sewering and otherwise improving or reimproving the streets and alleys of such municipal corporation as provided for in this article; nor shall such corporation make such issue and sale without at the same time providing for the collection of a direct annual tax sufficient to pay annually the interest on such debt and the principal thereof within and not exceeding ten years. All of the assessments, interest and penalties collected from the abutting property owners on account of grading, paving, sewering or otherwise improving or reimproving the streets and alleys of any such town, under the provisions of this article, shall annually be applied to the annual tax required to pay the interest on such debt and such principal within and not exceeding ten years; and in the event that the assessments, interest and penalties so collected do not amount to a sum sufficient to pay annually the interest on such debt and the principal thereof within and not exceeding ten years, then the council of any town shall collect so much of such levy as will pay annually the interest on such debt and the principal thereof within and not exceeding ten years.[1908, c. 8, §1; Code 1923, c. 47, §49c(1).]

§15. Bonds to Pay Municipality’s Share of Cost of Improvements.—It shall be lawful for any town of over one thousand inhabitants, within this State, to issue and sell its bonds, as provided in this article for the sale of other bonds, to pay the corporation’s part of the cost of such improvements as required by this article, and such town may levy taxes in addition to all other taxes authorized by law, to pay such bonds and interest thereon: Provided, That the total indebtedness of the town for all purposes shall not exceed five per cent of the total value of all taxable property therein.[1908, c. 8, §7; Code 1923, c. 47, §49c(7).]

§16. Bond Issue to be Authorized by Voters.—No bonds shall be issued under the provisions of this article unless and until the question of issuing such bonds shall have first been submitted to a vote of the people of the municipality within which the improvements (including reimprovements) are proposed, and shall have received three-fifths of all votes cast at such election for or against the same. The council, of any municipality authorized to issue bonds under the provisions of this article, may provide by ordinance for an annual election, at which the question shall be submitted to the people as to whether the municipality shall issue bonds, for the purpose and under the provisions of this article, to an amount not to exceed in the ensuing year the amount recommended by such ordinance for such ensuing year. The ordinance providing for such election need not specify in detail the location of the improvements contemplated to be paid for during the ensuing year out of such aggregate issue authorized for such year, but, before issuing any such bonds, the council shall pass separate ordinances for each street or alley to be improved, dealing with all the requirements set forth in section seven of this article. It shall be a sufficient description of the purpose for which such election is held if the ordinance calling the same shall recite that the council proposes to issue bonds for the purposes of grading, paving, sewering or otherwise improving the streets and alleys of such town, at such times as to the council shall seem fit during the ensuing year ending on the................day of............................, 19...., to an amount not exceeding in the aggregate during said year the sum of $................. And when the council shall have once been authorized by a vote of the people to issue bonds for such purposes and to a sum not to exceed the amount set forth in the ordinance calling such election, no further election shall be necessary for the issuing of bonds during such ensuing year up to the amount stipulated in such ordinance calling such election, but the council shall, from time to time during such ensuing year, by ordinance authorize the issue of such bonds, in such sums and for the improvement of such streets or alleys as to it may seem best, provided the requirements of this article are complied with. The aggregate amount of bonds authorized by such annual election shall not be exceeded during such ensuing year, unless the same be authorized by a special election held at a subsequent time in such year and duly called as provided for the calling of the annual bond election. The provisions of article one, chapter thirteen of this Code, concerning bond elections shall, so far as they are not in conflict with the provisions of this article, apply to the annual bond elections and special bond elections herein provided for.[1908, c. 8, §16; Code 1923, c. 47, §49c(16).]

§17. Election as to New Method of Paving and Issuing Bonds.—This article shall neither apply to the issue of bonds, nor affect the manner of issuing the same, nor affect the method of levying assessments or paying for street paving or other street improvements, as otherwise authorized by this Code or by the charter of any municipality in this State, until the question of the adoption of the new method provided for in this article shall have been first submitted to a vote of the voters of such municipality and a majority of the votes cast at such election shall have been cast in favor of such adoption: Provided, however, That such adoption is not necessary if such municipality, prior to the time when this Code shall become effective, shall have adopted chapter eight of the Acts of West Virginia of nineteen hundred and eight, entitled, “An act to provide for grading, paving, sewering and otherwise improving the streets and alleys of municipal corporations and the method of paying for the same.” The council of any town, not having so adopted said chapter eight, and having a population of one thousand inhabitants or more, upon the petition of one hundred voters and property owners, shall at the next session of such council order that the method of paving or repaving, sewering, resewering and otherwise improving or reimproving the streets and alleys of such municipality and of issuing bonds to pay for the same as herein provided for, shall be submitted to the voters of such municipality for ratification or rejection, and shall, in the manner prescribed by law, call a special election for such purpose. Such election shall be held under the laws governing other municipal elections. The voting upon such question shall be by ballot, and the ballots shall have written or printed upon them the words:

For adoption of new method of paving

streets.

Against the adoption of new method of

paving streets.

Such election shall be conducted and the returns thereof made and the result declared in the same manner provided for holding, ascertaining and declaring the result of other municipal elections within such municipality.[1908, c. 8, §17; Code 1923, c. 47, §49c(17).]

§18. Proceedings Liberally Construed.—In order to secure a speedy completion of the work at a reasonable cost, and the speedy collection of the assessments after the time has elapsed for their payments, proceedings with respect to improvements shall be liberally construed by council or court, and merely formal objections in such cases shall be disregarded.[1908, c. 8, §14; Code 1923, c. 47, §49c(14).]

§1. Contents; Service on Auditor.—If the common council or other governing body of any city, town or village which has been or may be vested with power so to do, either by general law or under special act incorporating any such city, town or village, and amendments thereto, proposes to order and cause the grading, paving, curbing, or other improving of any street or alley, or the construction of any sewer or other drainage, to be paid for in whole or in part by any foreign railroad or other foreign corporation as owner of any property abutting or bounding on such street, alley, sewer or other improvement, or whose property abutting or bounding thereon may be assessed with such improvement, in whole or in part, such foreign railroad company or other foreign corporation shall be given notice of such proposal by service upon or acceptance by the state auditor at least thirty days before the enactment or adoption of any ordinance or resolution relating to such work of improvement or declaring the necessity or purpose thereof; which said notice shall set forth substantially the nature of the work to be proposed, the extent thereof, its location and the manner of paying for the same; and no ordinance or resolution shall be binding upon any such railroad or other foreign corporation unless such notice shall have been so given.

It shall be the duty of the state auditor without delay to forward by United States mail, every notice served upon him hereunder to the foreign corporation or corporations designated in such notice to its latest address on file in his office.(1929, c. 63.)

§2. Repeal of Conflicting Provisions of Special Acts.—All special acts incorporating any city, town or village, and amendments thereto, which are in conflict with the provisions of this article, are hereby repealed.(1929, c. 63.)

§1. Definitions.—When used in this article, “aircraft” means any contrivance, now or hereafter invented, for avigation of or flight in the air, except a parachute or other contrivance designed for use and carried primarily for safety equipment; “avigation” means the steering, directing or managing of an aircraft, in or through the air, and such term is here used as a substitute for “aerial navigation”; “operating aircraft” means performing the services of aircraft pilot, avigator, mechanic, rigger, or other person actively engaged in maintaining an aircraft in flight.(1929, c. 61, §1.)

§2. Counties and Municipalities May Establish and Operate Airports.—Any county, city, town or village may establish, lease, construct, equip, maintain and operate for such county, city, town or village, an airport or landing field for the use of aeroplanes and other aircraft, and may acquire or lease for such purpose real property within or without such county, or within or outside the corporate limits of such city, town or village, or may set apart and use for such purpose real property owned by the county, city, town or village, which is not needed for any other public use, however such real property was acquired.(1929, c. 61, §2.)

§3. Acquisition of Site for Airport; Payment Therefor.—Real property necessary for such airport or landing field may be acquired by gift, or by purchase if such county, city, town or village is able to agree with the owners of such real property on the terms thereof, and otherwise by condemnation, in the manner provided by law under which such county, city, town or village is authorized to acquire real property for public use. The purchase price or award for any property acquired for airport or landing field purposes may be paid for by appropriation of moneys available therefor or wholly or partly from the proceeds of sale of bonds of such county, city, town or village, as the county court or local legislative body shall determine, subject, however, to the general provisions of law for the issuance and sale of bonds of counties and municipalities for public purposes generally.(1929, c. 61, §3.)

§4. Construction, Maintenance and Operation of Airport; Regulations and Fees.—The county court or local legislative body of such county, city, town or village may direct or employ or vest jurisdiction in any appropriate officer, board or body of such county, city, town or village to locate, construct, equip, improve, maintain and operate such airport or landing field for such county, city, town or village, but the site so located and the construction, equipment, improvement, maintenance and operation of such airport or landing field shall be subject to the approval of such county court or local legislative body, as the case may be. The expense of the construction, improvement, equipment, maintenance and operation shall be a county, city, town or village charge, as the case may be.

The county court or local legislative body of the city, town or village may adopt regulations and establish fees or charges for the use of such airport or landing field, or may authorize the officer, board or body of such county, city, town or village having jurisdiction to adopt such regulations and establish such fees and charges, subject, however, to the approval of such county court or local legislative body before they shall take effect.(1929, c. 61, §§2, 4.)

§5. Airports Maintained Jointly; Abandonment Thereof; Suits Concerning Same.—One or more counties, cities, towns or villages may join with another or other counties, cities, towns and/or villages for the purpose of acquiring, leasing, equipping, constructing, maintaining and operating an airport or landing field. Any such airport or landing field may be established at such point as the legislative bodies in the county, or counties, city or cities, town or towns, village or villages joining therein may agree upon, and such county or counties, city or cities, town or towns, village or villages may raise, by levy or otherwise as provided in this article, funds for the purpose of acquiring, leasing, constructing, equipping, mantaining and operating any such airport or landing field, and the counties and municipalities shall agree upon the proportionate part of the cost and expense of such airport or landing field to be paid by each county, city, town and/or village joining therein. The provisions of sections two, three, four, five and six of this article shall apply to any joint field established under the provisions of this section.

In case any airport or landing field established by the joint action of any two or more counties, cities, towns and/or villages acting together under this section is abandoned, such airport or landing field as owned by such counties, cities, towns and/or villages may be sold by the approval of the legislative authorities of the counties and municipalities which had joined in its purchase and distribute the proceeds thereof to the counties and municipalities in the proportion in which such counties and municipalities had contributed to the acquisition, maintenance and operation of such airport or landing field. In case of a failure of the counties and municipalities to agree upon the disposition of such airport or landing field and the equipment thereon or connected therewith or in its operation or maintenance, any one or more of the counties and municipalities interested therein may bring a suit in the circuit court of the county in which such airport or landing field or the larger part thereof is located, and upon a trial of the cause, held in the manner provided by law for other suits in equity, the court shall make such decree or decrees with reference to the disposition of the property and distribution of the proceeds or other moneys involved as to the court may seem to the best interests of all the parties involved, and an appeal to the supreme court of appeals shall lie as in other equity suits.(1929, c. 61, §5.)

§6. Levy for Acquisition of Airport; Funds for Its Maintenance and Operation.—The local authorities of a county, city, town or village to which this article is applicable, having power to appropriate money therein, may lay a levy, not to exceed five cents on each one hundred dollars of valuation, for a period not exceeding three years and appropriate therefrom funds for the purpose of acquiring an airport or landing field. Funds necessary for providing maintenance or operating expenses for such airport or landing field may be appropriated out of the general funds of the county or municipality.(1929, c. 61, §6.)

§7. Necessity for Federal License for Interstate Avigation.—It shall be unlawful for any person to engage in any form of avigation, either in operating aircraft or otherwise, within this State, for which a license is required by the United States government, where such avigation is interstate and not intrastate, unless such person have such license as is required by the United States government.(1929, c. 61, §7.)

§8. Possession and Inspection of License Certificate.—The certificate of the license herein required shall be kept in the personal possession of the licensee when he is operating aircraft within this State and shall be presented for inspection upon the demand of any passenger, any peace officer of this State, or any official, manager, or person in charge of any airport or landing field in this State upon which he shall land.(1929, c. 61, §8.)

§9. Necessity for Federal Registration and License for Intrastate Avigation.—It shall be unlawful for any person to avigate an aircraft within this State unless such aircraft is registered and licensed pursuant to the lawful rules and regulations of the United States government in force at the time, if the circumstances of such avigation are of the character that such registration would be required in the case of interstate avigation.(1929, c. 61, §9.)

§10. Penalties for Violations of Three Preceding Sections.—A person who violates any provision of either of the three preceding sections of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.(1929, c. 61, §10.)

§11. Avigation While Intoxicated; Penalty.—Whoever engages in avigation by operating an aircraft or otherwise while in an intoxicated condition shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both. Whoever, while in an intoxicated condition and engaging in avigation, does serious bodily injury to another, shall be guilty of felonious assault, and, upon conviction thereof, shall, at the discretion of the court, either be confined in the penitentiary not less than one nor more than five years or be confined in jail for not more than twelve months and fined not more than five hundred dollars.(1929, c. 61, §11.)

§12. Avigation Over City or Public Gathering at Low Altitude; Penalty.—Whoever engages in avigation over any city, town or village, or public gathering elsewhere, except at a duly established airport or landing field, at an altitude of less than twenty-five hundred feet shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.(1929, c. 61, §12.)

§13. Unauthorized Taking of Aircraft Larceny.—Any person who, under circumstances not constituting larceny as otherwise defined by law, shall, without the consent of the owner, take, use or operate, or cause to be taken, used or operated, any aircraft for his own profit, use or purpose, steals the same and is guilty of larceny, and, upon conviction thereof, shall be punished accordingly.(1929, c. 61, §13.)