13 provided, he shall be entitled only to set apart as exempt one 4 [H. B. No. 186 14 half of his wages then due if he have one child dependent upon 15 him for support under the age of fourteen years, and an ad16 ditional ten per centum of the remaining one-half of his wages 17 then due for each other child dependent upon him for support 18 which he may have under the age of fourteen years. House Bill No. 257 (BY MR MOORE, of Marshall.) [Introduced January 21, 1921; referred to the Committee on the Judiciary.] House Bill No. 257 A BILL to amend and re-enact section four of chapter one hundred and fourteen-b, of the code of West Virginia, of one thousand nine hundred and thirteen. Be it enacted by the Legislature of West Virginia: That section four of chapter one hundred and fourteen-b of the code be amended and re-enacted to read as follows: Section 4. It shall be the duty of said shorthand reporter to 2 furnish a copy of the notes of testimony, written out in long hand, 3 upon the request of the judge without extra charge, and in case 4 either party to the cause shall request or require a transcript of 5 the said notes, the stenographer shall furnish the same in long 6 hand, and shall be entitled to be paid therefor the sum of twenty 7 cents per each hundred words so transcribed. And if upon ap8 peal or writ of error the judgment or order entered in the cause 9 be reversed, the cost of such transcript shall be taxed as other 10 costs, and if said transcript be requested or required for the pur11 pose of demurring to the evidence, the cost thereof shall be taxed 12 in favor of the party prevailing on the demurrer. House Bill No. 294 (BY MR. THOMPSON) [Introduced January 21, 1921; referred to the Committee on Counties, Districts and Municipal Corporations.] PHILIPPI CHARTER House Bill No. 294 A BILL to amend and re-enact section nine of chapter eleven of the acts of the legislature of one thousand nine hundred and fifteen, and sub-divisions twenty-six and twenty-eight of section sixteen of chapter eleven of the acts of the legislature of one thousand nine hundred and fifteen, and section seventen of chaptr thirteen of the acts of the legislature of one thousand nine hundred and five, and section eighteen of chapter seven of the acts of the legislature of one thousand nine hundred and seven, and sections twenty-eight and thirty-three of chapter thirteen of the acts of the legislature of one thousand nine hundred and five, concerning the charter of the city of Philippi. Be it enacted by the Legislature of West Virginia: That section nine of chapter eleven of the acts of the legislature of one thousand nine hundred and fifteen, and sub-divisions twentysix and twenty-eight of section sixteen of chapter eleven of the acts of the legislature of one thousand nine hundred and fifteen, and section seventeen of chapter thirteen of the acts of the legislature of one thousand nine hundred and five, and section eighteen [H. B. No. 294 of chapter seven of the acts of the legislature of one thousand nine hundred and seven, and sections twenty-eight and thirty-three of chapter thirteen of the acts of the legislature of one thousand nine hundred and five, be amended and re-enacted so as to read as follows: 4 Section 9. The council shall by ordinance, consistent with 2 this act and general law, prescribe the powers, define the duties 3 and fix the compensation of the chief of police elected under the 4 provisions of this act, and of all officers appointed by the council, 5 according to the provisions of section eighteen of this act; and 6 the council shall require from the chief of police a bond, with 7 good security to be approved by it, in the penalty of not less 8 than one thousand dollars for the faithful performance of his 9 duties as such chief of police, and to account for and turn over 10 all money or property coming into his hands as such officer, and 11 the council may require and take from the appointive officers, 12 respectively, bonds payable to the city in its corporate name, 13 with such security, and in such penalties as may be deemed 14 proper, conditioned for the faithful performance of their duties. (26) To regulate or prohibit the erection, or operation, or 16 maintenance in what the council deems an improper locality H. B. No. 294] 15 5 17 within said city, any blacksmith shop, livery stable, barn, stable, 18 cattle pen, poultry house, pig pen, privy, bill board, sign board, 19 gas or other engine, coal mine, coal plant, or coal bin, or any 20 other thing that would in the opinion of the council, be a men21 ace to persons or property or public safety, or that would injure 22 private property or annoy citizens of said city. 23 (28) To define what shall constitute a nuisance, and to abate 24 all nuisances, whether so defined or not, and to require the 25 removal or abatement of any buildings, business, sign board, bill 26 board, signs, or other thing which in the opinion of the council 27 is a nuisance. Sec. 17. To carry into effect these enumerated powers and 2 all others by this act or by general law conferred or which may 3 hereafter be conferred upon the said city or its council or any 4 of its officers, the said council shall have and possess full au5 thority to make, pass and adopt all needful ordinances, by-laws, 6 orders and resolutions, not repugnant to the constitution and 7 laws of the United States or of this state; and to enforce any 8 and all of such ordinances, by-laws, orders or resolutions by 9 prescribing for a violation thereof fines and penalties and im10 prisonment in either the county jail of Barbour county or the [H. B. No. 294 11 city prison if there be one; but no fine shall exceed one hun12 dred dollars and no term of imprisonment shall exceed thirty 13 days, provided, that any violation of the prohibition laws of 14 this state shall be punished by the fines and penalties therein 15 prescribed, notwithstanding anything contained in section six16 teen, sub-division eighty-four of this charter, as amended. Such 17 fines and penalties shall be imposed and recovered, and such 6 18 imprisonment inflicted, and enforced by the judgment of the 19 mayor of said city, or in case of his absence or inability to act, 20 of the clerk of said city, or in case of the absence or inability 21 to act of both of said officers, of one of the councilmen ap22 pointed for that purpose by the council. Sec. 18. The council shall fix the salaries and compensation 2 of all officers, whether elective or appointive, and of all other 3 persons employed by them, including that of the mayor, city clerk, 4 chief of police, and other policemen, street commissioner, coun5 cilmen, and all other persons; but members of council shall 6 not receive more than one dollar for each meeting of the coun7 cil which they actually attend, nor shall the mayor receive more 8 than three hundred dollars per annum, exclusive of fees, nor H. B. No. 294] 7 9 shall any officer or other person receive more than one hundred 10 dollars per month. Sec. 28. It shall be the duty of the city clerk to keep a 2 journal of the proceedings of the council, and have charge of 3 of and preserve the records, bonds, papers and other documents 4 belonging to the city. It shall be his duty to attend the sessions 5 of the police court and keep accurate records of its proceedings, 6 and all judgments shall be entered by him within twenty-four 7 hours after the same are rendered. He shall, in case of sick8 ness or disability of the mayor to act, or in case of his absence 9 from the city, or during any vacancy in the office of the mayor, 10 perform the duties of mayor, and shall be vested with all powers 11 necessary for the performance of such duties. He shall also 12 perform such other duties pertaining to the fiscal affairs of the 13 city or otherwise, as may be required of him by this act or by 14 the council. Sec. 33. It shall be the duty of the clerk, at least one in 2 six months during his continuance in office, and oftener when 3 required by the council to render an account of the taxes, levies, 4 assessments and other claims in his hands for collection, and 5 return a list of such as he shall not have been able to collect 8 [H. B. No. 294 6 by reason of insolvency, removal or other cause, to which list 7 he shall append an affidavit that he has used due diligence to 8 collect the claims therein mentioned, but has been unable to do. 9 so, and if the council shall be satisfied with the correctness of 10 said list, it shall allow him a credit for said claim, but may 11 thereafter take such lawful measures to collect the same as may 12 be prescribed. He shall keep regular books of account to be 13 examined and approved by the council, of all moneys received 14 and disbursed by him, and of other matters pertaining to his 15 office, which books shall at all times be open to the inspection of 16 the council, or any committee appointed by it for such purpose. 17 All moneys belonging to the city shall be paid over to the clerk, 18 and no money shall be paid out by him except upon the order 19 of the council, countersigned by the mayor. If the clerk shall 20 fail to collect, account for and pay over all or any of the moneys 21 with which he may be chargeable, belonging to the city, accord22 ing to the conditions of his bond and the orders of the council, 23 the same may be recovered by action or by motion, upon ten 24 days' notice in the corporate name of the city, in the circuit 25 court of Barbour county, against him and his sureties or any or 26 either of them or his or their executors or administrators. If H. B. No. 294] 9 27 the sum claimed does not exceed three hundred dollars, such 28 recovery may be had before the mayor or any justice of said 29 county. 30 All acts, or parts of acts, within the purview of this act, 31 are hereby repealed. House Bill No. 221 (BY MR. MCCLINTIC, of Greenbrier.) [Iuntroduced January 20, 1921; referred to the Committee on Roads and Internal Navigation.] House Bill No. 221 A BILL empowering licensing boards of this state to revoke licenses granted when the person to whom the license is granted is convicted of a felony. |