The Mayor shall take care that the provisions of this Act, and the orders, bylaws, ordinances, acts and resolutions of the Council of said City are faithfully executed; he shall have authority to convene Council in special session whenever he may deem it advisable to do so, and shall be ex officio a justice and conservator of the peace within said City, and shall within the same have, possess and exercise all the powers and perform all the duties vested by law in a justice of the peace, except that he shall have no jurisdiction in civil cases or causes of action arising out of the corporate limits of the City; he shall have the same powers to issue attachments in civil cases as a justice of this County has, although the cause of action may have arisen out of the City; but in such cases he shall have no power to try the same, but such attachment shall be returnable to and be heard by some justice of his County; any warrant or other process issued by him may be executed any place within the County of Brooke; and it shall be his duty especially to see that the peace and good order of the City 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 City 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 immediate payment thereof, and in default of such payment he may commit the party in default to the jail of Brooke County, or other place of imprisonment in said City until the fine or penalty and costs are paid; but the term of imprisonment shall not exceed thirty days; he shall from time to time recommend to Council such measures as he may deem necessary or needful for the welfare of the City. The expense of maintaining any person imprisoned by him, except it be to answer an indictment, or be under the provisions of sections 50-227 and 50-228 of the Code of West Virginia, shall be paid by the City. The mayor shall not receive any money belonging to the State or individuals, unless he shall give such bond and security required of a justice of the peace by chapter 50 of the Code of West Virginia; and all the provisions of said chapter relating to moneys received by justices shall apply to like moneys received by the Mayor; and for such services when acting in the capacity of a justice of the peace, he shall receive such fees as are allowed by law to justices for similar services.
It shall be lawful for the Mayor, when any person is fined by him, at his discretion, to sentence such person to labor without compensation, on any of the streets or alleys, or any of the public works or improvements, undertaken, or to be undertaken by the City, in lieu of the fine so imposed for a period not exceeding thirty days.
In rendering such judgment, and giving such sentence, the Mayor shall ascertain and fix the amount of the fine upon the payment of which, with the costs of prosecution, such person shall be discharged from sentence to labor. Such person so sentenced to labor, shall be confined in the jail of Brooke County, or other place of imprisonment in said City, while not at labor.
(6-19-81)