Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1882-05-13
Acts of the Legislature.


! tagious or infectious disease, we pub
| fish the duties of such Local Board of
Health as specified by a recent Act of
the Legislature. 1t does not seem,
however, to meet all the requirements
in such cases. The cost of maintain
| ing quarantine is beyond all reason,
and the Local Board should possess
and exercise the power of specifying
what shall be the ordinary necessities
of life in cases of quarantine, for it is
not the intention of the law that UNI
fortunates though they are shall fare
sumptuously at the public expense.
The Local Board of Health of any
county may declare quarantine there
in, or in any particular district, or
place therein, against the introduction
of any contagious or infectious disease,
prevailing in any other State, county
or place, and of any and all persons
and things likely to spread such con-
tagion or infection. AS soon as such
quarantine is established, such local
board shall, in writing, inform the
kmembers of the state board of health
residing in their congressional dis
tricts, thereof, whose duty it shall be
to ascertain, as soon as practicable,
the necessity therefor, if any exists,
and if they find that no such necessity
exists, they shall declare the same
raised. The said local board shall
have power and authority to enforce
such quarantine until the same is rails
ed Us aforesaid, or by themselves, and
may confine any such infected person,
or any person liable to spread such
contagion or infection to the house or
premises in which he resides, or if he
have no residence in the county, at a
place to be provided by them for the
purpose; and if it shall become neces-
sary to do SO, they shall summon a
sufficient guard for the enforcement of
their orders in the premises. Every
person who shall fail or refuse to COM
ply with any order made by such
board under this section, and every
person summoned as such guard who
shall, without lawful excuse, fail or
refuse to obey the orders and direc-
tions of such board in enforcing said
quarantine, shall be guilty of mis-
demeanor, and for each Offense be fin
ed not less than twenty-five nor more
than one hundred dollars. In cases
of emergency or of actual necessity,
and when the court or corporate au-
thorities are from any cause unable to
meet or to provide for the emergency
or the necessity of the case, all actual
expenditures necessary for local and
county sanitation, as provided for in
this section, shall be certified by the
LEGAL board of health to the county
/ court, and the whole oraS much there
of, as the said court may deem right
and proper shall be paid out of the
County treasury.
Among the provisions, too, OF
Chapter ninety-two, concerning Cor
porations, we find the duties of a
Mayor plainly defined, and also a
wholesome clause in regard to settle
ment by Sergeants. While this act
mainly refers to Corporations here
after established, it provides that
municipal authorities may exercise
the powers granted though not con-
ferred by their charter, to which they
shall become an amendment, the city
of Wheeling excepted.
Sec. 81. 1t shall be the duty of the
| sergeant at least once in six months,
during his continuance in office, and
oftener if required by the council, to
render an account of the taxes, fines,
penalties, assessments and other claims
in his hands for collection, and return
a list of such as he shall not have been
able to collect, by reason OF insolvency
removal or other cause; to which list
he shall make an affidavit that he used
due diligence to collect the same, but
| has been unable to do so; and if the
council shall be satisfied of the correct
ness of said list, il shall allow the SER
geant credit for said claims. He
shall receive for his services in the col
| lection of taxes and assessments COM
pensatiOn, to be fixed by the council,
of not exceeding five per centum on
| the amount duly collected and ac-
counted for. lie shall pay any money
in his hands belonging to the city,
town or village upon the order of the
council.
Sec. 33. If the sergeant shall fail to
or any of the moneys which with he
may be chargeable, belonging to the
city, town or village, 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 motion, in the corporate name ofthe
city, town or village, in the circuit
court of the county in which the same
is situated; or, where the sum does
not exceed three hundred dollars, be-
fore a justice of the district i'll which
the same is situated, against the SER
geant and his sureties, or any either Of
them, or his or their executors or adj
ministrators, on giving ten days notice
of such motion.
Sec. 80. The mayor shall be the
chief executive officer of the city, town
or village, and shall take care that the
orders, bylaws, ordinances, acts and
resolutions of the council thereof, are
faithfully executed. He shall be &C.
o0icio justice and CONSERVATION of the
peace within the city, town or village,
and shall within the same, have, pos
scss and exercise all the powers, and
perform all the duties vested by law
in q Justice Of the peace, except that
he shall have no jurisdiction in civil
cases of causes of action arising out of
the corporate limits Of the city, town
or village. He shall have the same
power to issue attachments i'll civil
suits as a justice of his county
has, though the cause of action arose
out of his city, town or village. But
in such case he shall have no power to
try the same but said attachments
shall be returnable and be heard be-
fore justice of his county. Any war
rant or other process, issued by him
may be executed at any place within
the county. He shall have control Of
the police of the city, town or village,