Section 71. When a power is conferred upon a municipal corporation, and the mode in which it is to be exercised is prescribed by the charter, that mode must be followed. And this is especially so where there are negative words that in effect prohibit the doing of the thing, unless it is done in the manner prescribed.3

It is held that, where the acts of municipal corporations affect private property, the exercise of such powers granted in relation thereto must be strictly pursued.4

2 Orange, etc., R. Co. vs. Alexandria, 17 Gratt. (Va.), 176. 3 Zottman vs. San Francisco, 20

Cal., 96; First Presbyterian Church vs. Fort Wayne, 36 Ind., 338.

In West Virginia, the corporate powers of every town and village can only be exercised by the common council thereof, or under its authority, except where otherwise provided by law.5

Effect of failure to execute power in mode prescribed. - Respecting the effect of a failure by a municipal corporation to exercise a power in the manner prescribed, the law seems to be as follows: If the provision is mandatory, the omission is fatal to the validity or binding effect of the corporate action, but if directory merely, it is not necessarily so.