2 city engineer, police judge, chief of police, and any additional 3 police officers that they may deem necessary, city attorney, chief 4 of fire department, building inspector, and all other officers whose 5 offices may be established by ordinance of the city council or by 6 this act, and such officers shall hold the respective offices to which 7 they are appointed during the pleasure of the council and until 8 their successors are appointed and qualified. The several officers, 9 or any two or more may he held by the same person, provided, a 10 councilman shall not be eligible to any of the appointive offices, 11 and such officers shall receive such compensation as the council 12 may prescribe, by ordinance or order, unless said compensation be 13 fixed by this act, and the same shall not be increased or dimin14 ished during the term for which the appointment was made. The 15 mayor or recorder shall also be eligible to hold any said appointive 16 office to which the council may deem it advisable to appoint them. Eligibility of Officers.

Sec. 7. No person shall be eligible to the office of mayor or 2 councilman, unless at the time of his election he is legally entitled 3 to vote in the city election for member of the common council; 10 [H. B. No. 179

4 and he was for the preceding year assessed with taxes upon real 5 or personal property within the said city, of the assessed aggregate 6 value of at least three hundred dollars, and shall actually have 7 paid the taxes so assessed.

Election of Officers.

Sec. 8. On the first Tuesday in June, one thousand nine hun2 dred and seventeen, and every two years thereafter, on the first 3 Tuesday in June, there shall be electd by the qualified voters of 4 said city a mayor and by the qualified voters of each ward one 5 councilman. The term of office of said mayor and councilman 6 shall be for the period of two years, commencing on the first day 7 of July, next after their election, and until their successors shall 8 be elected and qualified.

Who Are Voters.

Sec. 9. Every male and female person residing in said city 2 shall be entitled to vote for all officers elected under this act; but 3 no person who is a minor, or of unsound mind, or a pauper, or 4 who is under conviction of treason, or bribery in an election, or 5 who has not been a resident of this state for one year and of said

6 city for six months next preceding the election at which he desires. 7 to vote, shall be permitted to vote therein.

H. B. No. 179]

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Registration of Voters.

Sec. 10. All qualified voters within the city of Princeton en2 titled to vote in the municipal election held therein shall be reg3 istered in like manner as are the qualified voters in state and 4 county elections, and the state laws of the state of West Virginia. 5 in effect at the time of such registration shall in all things apply 6 thereto; except the fee for such registration shall be five cents 7 for each qualified voter so registered, and the powers conferred 8 upon the county court by the state laws in reference to the regis9 tration of voters are hereby conferred upon the council of said 10 city of Princeton.

General Election.

Sec. 11. In all elections by the people the mode of voting shall 2 be by ballot, but the voters shall be left free to vote an open sealed 3 or secret ballot, as they may elect. The election in said city shall 4 be held and conducted and the result thereof certified, returned 5 and finally determined under the laws in force in this state relat6 ing to general elections, except that the persons conducting said 7 elections shall on the day after the election is held deliver the 8 ballots, tally sheets and poll books to the recorder, and thereafter 9 the council of said city shall meet within five days (Sundays ex[H. B. No. 179

12

10 cepted) after said election and canvass the returns of said elec11 tion, and declare the result thereof, and in all respects comply 12 with the requirements of the statute of the state relating to elec13 tions. The corporate authorities of said city shall perform all 11 duties in relation to such elections required by general law of the 15 county court and officers in effect on the day of said election and 16 each succeeding election under this chapter. And the provisions 17 of the code in effect on the date of said election, concerning elec18 tions by the people, shall govern such elections and be applicable. 19 thereto, and the penalties therein prescribed for offenses relating 20 to elections shall be enforced against the offenders of such cor21 porate elections; and the said act shall have the same force and 22 effect as if it were specially applicable in such corporate elections. 23 and was by this act re-enacted in extenso; except as above

24 modified as to the time in which the returns of the election and 25 canvass thereto shall be made.

Tie Vote; How Decided.

Sec. 12. Whenever two or more persons receive an equal num2 ber of votes for mayor, or councilman, such tie shall be decided 3 by the council in existence at the time the election is held; pro4 vided, that the council in office at the time of the institution of H. B. No. 179] 13

5 such contest proceeding shall hold over and remain in office for 6 the purpose of passing upon and deciding such contest, and for 7 such purposes only; and nothing herein provided shall be con8 strued to interfere with the duties, power and authority of the 9 new or incoming council.

Contested Elections.

Sec. 13. All contested elections shall be heard and determined 2 by the council in existence at the time the election is held, and 3 the costest shall be made and conducted in the manner as pro4 vided for in contests for county and district officers, and the council 5 by their proceedings in such cases shall, as nearly as practicable, 6 conform with like proceedings of the county court in such cases. Vacancy in Office.

Sec. 14. Whenever a vacancy from any cause shall occur in any 2 office, the council shall by a majority vote of those present fill such 3 vacancy; and, in case of a vacancy in the office of councilman or 4 mayor, the remaining members of the council shall fill said 5 vacancy.

Appointment of Additional Officers, Defining Their Duties and Firing Compensation for Such Officers.

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Sec. 15. The council shall also have authority to provide by [H. B. No. 179 2 ordinance for the appointment of such other officers as shall be 3 necessary and proper, to carry into full force and authority the 4 power, capacity, jurisdiction and duties of said city, which are, or 5 shall be vested therein or in the council, or in the mayor, or any 6 other officer or body of officers, thereof, and to grant to the officers 7 so appointed the power necessary or proper for the purpose above 8 mentioned. The council, by ordinance, shall define the duties 9 of all officers so appointed, and may provide them a reasonable 10 salary, which shall be payable out of the city treasury which salary 11 shall not be increased or diminished during their term of office,

12 and shall require and take from all of them whose duty it shall 13 be to receive its funds, assets or property, or have charge of the 14 same, such bonds, obligations, or other writing as they shall deem 15 necessary or proper to insure the faithful performance of their 16 several duties. All officers elected may be removed by the coun17 cil from office for intemperance, gross immorality, gambling, mal18 feasance or misfeasance in office, or inability or neglect to per19 form the duties of their respective offices. Any appointed officer 20 who holds his office at the pleasure of the council, may be removed 21 from his office for cause, after due notice. The chief of police 22 shall have all power, rights and privileges within the corporate H. B. No. 179]

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23 limits of said city in regard to the arrest of persons, the collections 24 of claims and the execution and return of process that can be 25 legally exercised by a constable of a district within this state; 26 and may without having any warrant or other process therefor, 27 arrest any person who commits any offense against the laws of this 28 state or infraction of the ordinances of said city, in his presence. 29 He shall be ex-officio the keeper of the city jail, and have charge 30 of the city prisoners confiened therein, and may confine any person 31 arrested by him in the city jail until such time as the charge 32 against such person can be inquired into by the police judge. 33 Any person fined by the police judge, for infraction of any of the 34 ordiances of the city, may pay such fine to either the police judge, 35 or the chief of police; and the said chief of police and his sureties 36 shall be liable for all fines, penalties and forfeitures that a con3 stable of a district is liable for in the same court that the said 38 fine, penalties and forfeitures are now recovered against a district 39 constable. The police judge shall be ex-officio treasurer and 40 recorder of the said city, and as such shall perform all the duties. 41 herein in this act imposed upon the treasurer and recorder of the 42 said city and be vested with all the powers herein vested in and 43 imposed upon the treasurer and recorder of said city. But the 16 [H. B. No. 179

44 same person shall not be eligible to the office of police judge of said 45 city for two successive terms. The police judge shall be appointed 46 to his office by the council. It shall be the duty of the treasurer 4 to collect the city taxes, licenses, levies, assessments, and other 48 such city claims as are placed in his hands for collection by the 49 council, and he may distrain and sell therefor in like manner as a

50 sheriff may distrain and sell for state taxes; and he shall, in all 51 other respects, have the same powers, as a sheriff to enforce the 52 payment and collection thereof.

53

The recorder shall keep an accurate record of all the proceedings 54 of the council and shall have charge of and preserve the records of 55 hte city. He shall also be ex-officio assessor of the city. He shall 56 be paid a salary not to exceed twenty-four hundred dollars per 57 year for his services as recorder, police pudge, assessor and treas58 urer, but the said council may, if deemed advisable, furnish such 59 clerical assistance as may be necessary.

Bonds.

Sec. 16. All bonds, obligations or other writings taken in pur2 suance of any provision of this act or under the provision of any 3 order of said city, shall be made payable to "The City of Prince4 ton," and the obligors therein and their heirs, executors, adminH. B. No. 179] 17

5 istrators and assigns bound thereby shall be subject to the same 6 proceedings on such bonds, obligations or writings for enforcing 7 the conditions of the terms thereof, by motion or otherwise, before 8 any court of record or justice of the peace having jurisdiction 9 thereof, held or acting in or for said Mercer county, or any dis10 trict thereof or elesewhere, that the sheriff or collector of said 11 county and his sureties are or shall be subject to on his bond 12 taken for the enforcement of the duties in the payment of the 13 county levy.

Oaths of Office.

Sec. 17. The mayor, and councilmen, and all other officers provided 2 for in this act, shall each, before entering upon the duties of their 2-a offices and within fifteen days after receiving their certifi3 cates of election or appointment, take the oath or affirmation 4 prescribed by law for all officers in this state, and make oath or 5 affirmation that they will truly, faithfully and impartially to the 6 best of their ability, discharge the duties of their respective offices 7 so long as they continue therein. Said oath or affirmation may 8 be taken before any person authorized to administer oaths under 9 the laws in force at the time the same is taken, or before the 18 [H. B. No. 179 10 mayor or recorder of said city; but in any event a copy of said 11 oath or said officer shall be filed with the recorder.