SCHOOL LAW 
 
 OF THE 
 
 State Of West Virginia, 
 
 PKSSED jy^KROH, ISBI. 
 
 And Constitutional Provisions Relating 
 
 to Education, with the Amendments 
 
 Made by the Legislature at the 
 
 .Sessions of 1882, 1883, 
 
 1885, 1887, '1889, 
 
 1 891 and j 893, 
 
 WITM" NOTES, 
 
 CONTAINING THE DECISIONS UPON SCHOOL LAW 
 BY THE SUPREME COURT OF APPEALS, 
 OPINIONS OE THE ATTORNEY GENERAL, 
 DECISIONS OF THE S TATE SUPER- 
 INTENDENT OF FREE 
 SCHOOLS, &C. 
 
 WITH FORMS AND INDEX, 
 
 COMPILED BY 
 
 VIRGIL A. LEWIS, 
 
 State SuPEaiNXENOENT of F^see Schools- 
 
 CHARLESTON: 
 
 Moses W. Donnally, Public Frinteh. 
 1894. 
 
.. l^ 
 
 1 i'\'i 
 
 AR 4 1903 
 D. ot D. 
 
 
PREFACE. 
 
 Section 65 of Chapter XLV. of the Code 
 of West Virginia provides that the State 
 Superintendent of Free Schools '^shall cause 
 as many copies of this Chapter" — the School 
 Law- "and other school laws in force, with 
 such forms, regulations and instructions as he 
 may judge expedient, thereto annexed, to be 
 from time to time published as he may deem 
 expedient, and shall cause the same to be for- 
 warded to the County Superintendents, to be 
 by them distributed to the persons entitled to 
 receive them." 
 
 Under this authority of law, this edition of 
 the School Law of the State is published, the 
 same being rendered necessary because the 
 edition of 1891 is exhausted. 
 
 In this Digest the Constitutional provisions 
 relating to our Public School system are 
 given, and they show how firmly its founda- 
 tion is laid in the organic law of the State. 
 
 Then follows the Statutory laws by which 
 the system is established and rendered opera- 
 
ii. Pjkkface. 
 
 live and effective. The Law, section by sec- 
 tion, numbered in Arabic numerals, is placed 
 first, and at the end of each section, appears 
 in nonpareil type, the opinions of the Attor- 
 ney-General, and the decisious of the State 
 Superintendent of Free Schools, each num- 
 bered in Roman characters. 
 
 Cominor thereafter are the Forms in use by 
 school officers and others, as they have ex- 
 isted for years or have been changed to meet 
 the requirements of recent enactments or 
 amendments. They should be carefully 
 studied and followed by all whose duty it is 
 to aid in the administration and execution of 
 the School Law of the State. 
 
 The Index placed at the end of the Digest 
 is arranged in alphabetical order. The page 
 upon which the matter is to be found is desig- 
 nated by the letter "p, " the section of the 
 law by the letter "s, " and the decisions or 
 explanations of the Attorney-Greneral and 
 State Superintendent of Free Schools, bearing 
 upon the same, by the letter "d. " The num- 
 ber referring to the sections and decisions are 
 given in similar characters to those used to 
 designate them in the body of the laws as 
 herein printed. 
 
 Virgil A. Lewis. 
 State Superintendent of Free Schools. 
 
 Charleston, April 12, 1894r. 
 
Constitutional Provisions 
 
 RELATING TO THE 
 
 SCHOOL SYSTEM OF THE STATE. 
 
 ARTICLE IV. 
 
 ELECTIONS AND OFFICERS. 
 ***** 
 
 5. Every person elected or appointed to 
 anj office, before proceeding to exercise the 
 authority, or discharge the duties thereof, 
 shall make oath or affirmation that he will 
 support the Constitution of the United States 
 and the Constitution of this State, and that he 
 will faithfully discharge the duties of his 
 said office to the best of his skill and judg- 
 ment; and no other oath, declaration, or test 
 
2 School Laws and Decisions 
 
 shall be required as a qualification, unless 
 herein otherwise provided. 
 
 6. All oflScers elected or appointed under 
 this Constitution, may, unless in cases herein 
 otherwise provided for, be removed from 
 office for official misconduct, incompetence 
 neglect of duty, or gross immorality, in such 
 manner as may be prescribed by general laws, 
 and unless so removed, they shall continue to 
 discharge the duties of their respective offices, 
 until their successors are elected, or appointed 
 and qualified. 
 
 8. The Legislature, in cases not provided 
 for in this Constitution, shall prescribe by 
 general laws, the terms of office, powers, du- 
 ties and compensation of all public officers 
 and agents, and the manner in which they 
 shall be elected, appointed and removed. 
 
 ARTICLE VIll. 
 
 •z7. Each county shall be laid off into dis- 
 tricts, not less than three nor more than ten 
 in number, and as nearly equal as may be in 
 territory and population. ^ * * 
 
OF West Virginia. 3 
 
 ARTICLE IX. 
 
 COUNTY ORGANIZATION. 
 
 Mr * X- * * . ' 
 
 4. The Presidents of the County Courts, 
 the Justices of the Peace, Sheriffs, Prosecu- 
 ting Attorneys, Clerks of the Circuit and of 
 the County Courts, and all other county offi- 
 cers, shall be subject to indict ment for mal- 
 feasance, misfeasaEce, or neglect of official 
 duty, and on conviction thereof, their offices 
 shall become vacant. 
 
 I. I am inclined to the opinion that the words "all other 
 county oflBcers-," ai« used in thi,^ spction, include members of 
 boards of education, although they are elt'cted in districts. 
 This is by no means clear, however. This section is in. 
 foTr»e eaj propi'io vigore and needs no additional legislation. 
 —Alfred Caldivell, Attorney- General. 
 
 ARTICLE X. 
 
 TAXATION AND FINANCE. 
 * li- * * * ' , '-^^ 
 
 V 
 
 2. The Legislature shall levy an] annual 
 capitation tax of one dollar upon each male 
 inhabitant of the State who has attained the 
 age of twenty-one years, which shall be an- 
 nually appropriated to the support of Free 
 Schools. Persons afflicted with bodily in- 
 firmity may be exempted from this tax. 
 * * * * * 
 
 5. The power of taxation of the Legisla- 
 
4 W^'^- School Laws and Decisions 
 
 KdtODisi^ 
 
 ture shall exterd to provisions for the pay- 
 ment of the State debt, and interest thereon, 
 the support of Free Schools, and the pay- 
 ment of the annual estimated expenses of the 
 State; but whenever any deficiency in the 
 revenue shall exist in any year, it shall, at 
 the legular session thereof held next after the 
 deficiency occurs, levy a tax for the ensuing 
 year, sufficient with the other sources of in- 
 come, to meet such deficiency, as well as the 
 estimated expenses of such year 
 
 ^5- -^ * * * 
 
 7. County authorities shall never assess 
 taxes, in anyone year, the aggregate of which 
 shall exceed ninety-five cents per hundred 
 dollars valuation, except for the support of 
 Free Schools; payment of indebtedness exist- 
 ing at the time of the adoption of this Consti- 
 tution; and for the payment of any indebted- 
 ness with the interest thereon, created under 
 the succeeding section, unless such assess- 
 ment, with all questions involving the increase 
 of such aggiegate, shall have been submitted 
 to the vote of the people of the county, and 
 have received three-fifihs of all the votes cast 
 for and against it. 
 
 See Brannon vs. County Court, 33 W. Va , 
 p. 789 construing this section. 
 
 8. No county, city, school district, or mu- 
 
OF West Virginia. 5 
 
 nicipal corporation, except in cases where 
 such corporations have already authorized 
 their bonds to be issued, shill hereafter be 
 allowed to become indebted, in any manner, 
 or for any purpose, to an amount, including 
 existing indebtedness, in the aggregate, ex- 
 ceeding five per centum on the value of the 
 taxable property therein to be ascertained by 
 the last assessment for State and county taxes, 
 previous to the incurring of such indebtedness ; 
 nor without, at the same time, providing for 
 the collecjion of a direct annual tax, sufficient 
 to pay, annually, the interest on such debt, 
 and the principal thereof, within, and not ex- 
 ceeding thirty four years; Provided,, That no 
 debt shall be contracted under this section, 
 unless all questions connected with the same, 
 shall have been first submitted to a vote of 
 the people, and received three-fifths of all the 
 votes cast for and against the same. 
 
 ARTICLE XIL. 
 
 EDDCATinN. 
 
 1. The Legislature shall provide, by gen- 
 eral law, for a thorough and efficient system 
 of Free Schools. See 4 W. Va , p. 499. 
 
 2. The State Superintendent of Free Schools 
 shall have a general supervision of Free 
 
6 School Laws and Decislons 
 
 Schools, and perform such other duties in re- 
 lation thereto as may be prescribed by law. If 
 in the performance of any such duty imposed 
 upon him by the Legislature, he shall incur 
 any expenses, he shall be reimbursed therefor. 
 Provided^ The amount does not exceed five 
 hundred dollars in any one year. 
 
 3 The Legislature may provide for county 
 superintendents, and such other officers as 
 may be necessary to carry out the objects of 
 this Article, and define their duties, powers 
 and compensation. 
 
 4. The existing permanent and invested 
 school fund, and all money accruing to this 
 State from forfeited, delinquent, waste and 
 unappropriated lands ; and from lands here- 
 tofore sold for taxes and purchased by the 
 State of Virginia, if hereafter redeemed or 
 sold to others than this State; all grants, de- 
 vises or bequests that may be made to this 
 State for the purposes of education or where 
 the purposes of such grants, devises or be- 
 quests are not specified; this State's just share 
 of the literary fund of Virginia, whether paid 
 over or otherwise liquidated; and any sums 
 of money, stocks, or property, which this 
 State shall have the right to claim from the 
 State of Virginia for educational purposes; 
 
OF West Virginia.' 7 
 
 the proceeds of the estates of persons who 
 may die without leaving a will or heir, and of 
 all escheated lands; the proceeds of any taxes 
 that may be levied on the revenues of any cor- 
 poration; all moneys that may be paid as an 
 equivalent for exemption from military duty; 
 and such sums as may, from time to time, be 
 appropriated by the Legislature for the pur- 
 pose, shall, be set apart as a separate fund to be 
 called the "School Fund," and invested under 
 such regulation as may be prescribed by law, 
 in the interest bearing securities of the United 
 States, or of this State, or if such interest 
 bearing securities cannot be obtained, then 
 said "School Fund'' shall be invested in such 
 other solvent interest bearing securities as 
 shall be approved by the Governor, Superin- 
 tendent of Free Schools, Auditor and Treas- 
 urer, who are hereby constituted the "Board 
 of the School Fund," to manage the same un- 
 der such regulations as may be prescribed by 
 law; and the interest thereof shall be annually 
 applied to the support of Free Schools through- 
 out the State, and to no other purpose what- 
 ever. But any portion of said interest re- 
 maining unexpended at the close of the fiscal 
 year shall be added to, and remain a part of, 
 the capital of the "School Fund:" Provided^ 
 That all taxes which shall be received by the 
 State upon delinq^aent lands, except the taxes 
 
8 School Laws and Decisions 
 
 due to the State thereon, shall be refunded to 
 the county, or district by or tor which the 
 same were levied. 
 
 5 The Legislature shall provide for the 
 support of Free Schools, by appropriating 
 thereto the interest of the invested "School 
 Fund," the net proceeds of all forfeitures and 
 fines accruing to this State under the laws 
 thereof; the State capitation tax; and by gen- 
 eral taxation of persons and property or oth- 
 erwise. It shall also provide for raising, in 
 each county or district, by the authority of the 
 people thereof, such a proportion of the 
 amount required for the support of Free 
 Schools therein as shall be prescribed by gen- 
 eral laws. 
 
 6. The school districts into which any 
 county is nov<- divided, shall continue until 
 changed in pursuance of law. (See ante 
 Section 27, Article VIIL State Superin- 
 tendent.) 
 
 7. All levies that may be laid by any coun- 
 ty or district for the purpose of Free Schools 
 shall be reported to the Clerk of the County 
 Court, and shall, under such regulations as 
 may be prescribed by law, be collected by the 
 Sheriff", or other collector, who shall make an- 
 
OF West Virginia. 9 
 
 nual settlement with the County Court; which 
 settlements shall be made a matter of record 
 by the Clerk thereof, in a book to be kept for 
 that purpose. , 
 
 8. White and colored persons shall not be 
 taught in the same school. 
 
 9. No person connected with the free school 
 system of the State, or with any educational 
 institution of any name, or grade under State 
 control, shall be interested in the sale, pro- 
 ceeds or profits of anj^ book or other thing 
 used, or to be used therein, under such penal- 
 ties as may be prescribed by law : Frovided^ 
 That nothing herein shall be construed to ap- 
 ply to any work written, or thing invented by 
 such person. 
 
 10. No independent free school district, or 
 organization shall hereafter be created, except 
 with the consent of the school district or dis- 
 tricts out of which the same is to be created, 
 expressed by a majority of the voters voting 
 on the question. 
 
 11. No appropriation shall hereafter be 
 made to any State Normal School, or branch 
 thereof, except to those already established, 
 and in operation or now chartered. 
 
10 School Laws and Decisions 
 
 12. The Legislature shall foster and en- 
 courage moral, intellectual, scientific and 
 agricultural improvement; it shall, whenever 
 1^. may be practicable, make suitable provision 
 for the blind, mute and insane, and for the 
 oiganization of such institutions of learning 
 as the best interests of general education in 
 the State may demand. 
 
THE SCHOOL LAW 
 
 CHAPTER XV. 
 
 An Act to revive, amend and re-enact chapter 
 forty -five of the Code of West Virginia, 
 concerning education. 
 
 [Passed March 8, 1881.] 
 
 Be it enacted hy the Legislature of West Vir- 
 ginia: 
 
 1. That chapter forty-five of the Code of 
 West Virginia be, and the same is hereby re- 
 vived, amended and re-enacted so as to read 
 as follows: 
 
 CHAPTER XLV. 
 
 Of Education. 
 
 1. Every magisterial district in each of the 
 counties of the State shall be a school district. 
 
12 School Laws and Decisions 
 
 and the same shall be divided into such num- 
 ber of sub-districts as may be necessar}' for 
 the convenience of the b'ree Schools therein. 
 The present districts and sub districts shall 
 remain until changed in the manner pre- 
 scribed by law. (See Ante, Section 27 of 
 Article VIII., and Section 6 of Article XII. 
 of Constitution. — State Superintendent ) 
 
 Election of School Officers -—School Levy — 
 Vote on. 
 
 [Section 2, as amHuded Ijv nii. XX V[, Aots of 1893. Passed 
 February -^4, 189:?.] 
 
 2. A county superintendent of free schools 
 in each county shall be elected by the voters 
 thereof, at the general election held on the 
 Tuesday after the first Monday in November, 
 1894, and every four years thereafter, whose 
 term of office shall commence on the first day 
 of July next after his election and continue 
 for four years and until his successor shall be 
 elected and qualified according to law. There 
 shall also be elected at said election, in each 
 district of the county, by the voters th^^reof, 
 and every four years thereafter, a president 
 of the boa 'd of educatioa, whose term of office 
 shall commence on the first day of July next 
 after his election, and continue for four years, 
 and until his successor is elected and qualified 
 
OF West Virginia. 13 
 
 accordicg to law. There shall also be elected 
 at the same time in each district in the county 
 by the voters thereof, one commissioner at the 
 general election held on the Tuesday after the 
 first Monday in ^^ovt;mbe^, 1894, a successor 
 to the commissioner elected in May, 1891, 
 and every two years thereafter one commis- 
 sioner, whose term of office shall commence 
 on the first day of July next after their elec- 
 tion, and continue for four years, and until 
 their successors are elected and qualified ac- 
 cording to law. The said president and com- 
 missioners shall constitute the board of edu- 
 cation in the district in which they are elected 
 No person shall be eligible to more than one 
 office under the provisions of this chapter at 
 the same time. The county superintendent of 
 free schools shall, immediately upon receiving 
 the certificate of election fiom the commis- 
 siooer of the county court, forward a written 
 notice thereof to the State superintendent of 
 free schools. In case of a tie in the vote for 
 members of the board of education, the coun- 
 ty superintendent of free schools shall give 
 the casting vote; and in case of a tie in tbe 
 vote for a county superintendent of free 
 schools, the presidents of the several boards 
 of education in the county shall, at a meeting 
 called for that purpose, at the court house of 
 the county, by the clerk of the county court, 
 
14 School Laws and Decisions 
 
 not less than six nor more than twelve days af- 
 ter the result of such election is ascertained, ap- 
 point one of the persons receiving the highest 
 number of votes for said office, at the said 
 election, as county superintendent of free 
 schools, who shall give notice as aforesaid to 
 the state superintendent of his appointment. 
 A notice of such meeting shall be made out 
 by the clerk of the county court, and served 
 upon each president of the board of education 
 in the county at least three days before the 
 day of such meeting, by the sheriff or other 
 officer, to whom the same may be delivered to 
 be served. The ballots used at said election 
 shall also have written or printed thereon the 
 words <'For school levy," or "Against school 
 levy," as the voter may choose, and the 
 boards of ballot commissioners in the several 
 counties of this state shall have printed at the 
 bottom of each ticket on the official ballot in 
 separate lines the words "For school levy," 
 and "Against school levy;" and upon the ap- 
 plication of the board of education of any dis- 
 trict they shall also have printed on said bal- 
 lots the words, "For months school," 
 
 and "Against months school," as pro- 
 vided in this chapter. 
 
 If a majority of the ballots cast upon the 
 question of laying the school levy in a dis- 
 trict, have written or printed thereon, ''For 
 
OF V^^EST Virginia. 15 
 
 school levy," it shall be the duty of the 
 board of education to make the levies re- 
 quired by the 38th and 40th sections of this 
 chapter, annually, for the next four years; but 
 if a majority of the ballots cast in a district 
 have written or printed thereon, "Against 
 school levy," no levy shall be made by said 
 board for the year next succeeding. But it 
 shall be the duty of said board to cause a spec- 
 ial election to be held on the Tuesday after 
 the first Monday in November, next thereaf- 
 ter, at which the question of levy, or no levy, 
 shall in like manner be again submitted to the 
 people for their decision, and if a majority of 
 the ballots cast at such special election be, 
 "For school levy," such levy shall be made 
 as herein before required. Of every such spec- 
 ial election the secretary of the board of edu- 
 cation of the district shall give notice, by 
 posting the same at each place of voting in 
 the district at least ten days before the day on 
 which the same is to be held. The election 
 to be held on the third Tuesday in May, 1893, 
 for the purpose of electing county superin- 
 teudents of free schools in the different 
 counties of this state, and members of the 
 various boards of education, shall be held ac- 
 cording to law; but their terms of office shall 
 expire as soon as their successors are elected 
 and qualified, at the election to be held on the 
 
16 School JjAws and Decisions 
 
 first Tuesday after the first Monday in No- 
 vember, 1894. 
 
 II. A person elected or appointed to iiny office, whether 
 State, coutity, district or sub-districi, mu.'-t be a resident of 
 the political division to which hi= powers and duties are 
 limited. Chap. XLII, sec. 3, Acrsl882. 
 
 III. The commissioners hold over until their successors 
 are elect^'d and qualified, however long a period that may be. 
 
 IV. School officers should carefully observe the eshaugesas 
 to the lim^- and raautier of holding school elections. What 
 w^as known as the May school electinu has been abolished 
 and all school elections — except that of voting lor an in- 
 creased rate of l^vv. as provided for in section 26 ana the 
 special election authorized by this section to be held in a 
 distrietin which the levy has been previously voted down — are 
 now held as part of the general election in November. Every 
 four years, at the time of the election of Slate officers, a 
 county superintendent and presidents of the boards of educa- 
 tion are to be electpd for the term of four years, while a com- 
 missioner is elected at every geueral election, that is every 
 two years in November, for the term of four yeart. 'rhere be- 
 ing two commissioners, the order of succession of four year 
 terms is thus continued by the electiou of one every two 
 j^ears. 
 
 The county superintendent elected at the election m No- 
 vember, cannot erit^r upon the duties of his otlice until the 
 first day of the ensuing July. 
 
 3. Any person who may act ;i3 commis- 
 sioner of any election, held under any of the 
 provisions of this chapter, who shall wilfully 
 reject the vote of any person entitled to vote 
 at said election, or receive the vote of any 
 person not so entitled, or who shall knowingly 
 make any false return of ttie result of any 
 such election, or of any poll held at any place 
 of voting, shall be guilty of a misdemeanor, 
 and fined not less than fifty dollars, and im- 
 prisoned not le.=?s than twenty days. 
 
OF West Virginia. 17 
 
 V. Any election officer violating the provisions of this sec- 
 tion becomes liable under the provisions oX the General Elec- 
 tion Law of the State. 
 
 Appointment of Trustees and Filling of 
 Vacan cies. 
 
 4. At the meeting of the district board of 
 education, held on the first Monday in July, 
 1881, they shall appoint three intelligent and 
 discreet persons, as trustees for each sub dis- 
 trict in their district, one of whona shall be 
 appointed for one year, one for two years, and 
 one for three years; and the board of educa- 
 tion shall thereafter annually appoint one 
 trustee, who shall hold his office for three 
 years; and the said trustees shall hold their 
 respective offices until their successors are 
 appointed and qualified. 
 
 VI. As decided by the Attorney-General, trustees have bixty 
 days in which to take the Ofitli of office, while rat'inbers of 
 the board of education are required to qualify withlu teu 
 days after they are notified of their election. 
 
 5. Vacancies in the office of school trustee, 
 shall be filled by the board of education for 
 the unexpired term; and in the board of edu- 
 cation, by the county superintendent of free 
 schools, for the unexpired term. 
 
 VII. The appointment of a person to fill a vacancy of 
 presidf-nt of the board of education makes such person pres- 
 ident of the board. 
 
 VIII. Vacancy in the office of county superiutendent is 
 
18 School Laws and Decisions 
 
 filled by the presidents of the board of education See §53. 
 IX. Section 3 of Article Xlf. of th*^ Constitution pro- 
 vides that the Legislature may provide for county superin- 
 tendents and other school oilicers and defines their duties, 
 powers and conipensMtion. Section 5 of chapter 45 delegates 
 to the county superintendent the power to fill vacancies 
 in the boaid of educMtion for the unexpired terra. I do not 
 think Section 7 of Article IV of the Constitution or sections 
 8, 9 or lOof Chapter 4 of the Code control as to apportionment 
 of members of boards of education. I am, therefore, of the 
 opinion that persons appointed by the county superintendent 
 to fill vacanceisMn the board rf educaticm hold for the un- 
 expired term.— 7". S. Eiley, Attorney -General. 
 
 The First Meeting of Board of Education — 
 
 When Held — What Business to Be 
 
 Done Thereat — Quorum. 
 
 [Section G, as amended by Ch. XXVI, Acts of 1893. Passed 
 February U, 1893.] 
 
 6. The boards of education of the several 
 districts shall hold their first meeting for each 
 school year on the first Monday in July. At 
 this meeting they shall determine the number 
 of teachers that may be employed in the sev- 
 eral sub-districts, and fix the salaries that 
 shall be paid to the teachers. In determin- 
 ing the salaries, they shall have regard to the 
 grade of teachers' certificates, fixing to each 
 grade the salary tbat shall be paid to teachers of 
 said grades in the several sub-districts, as fol- 
 lows: Teachers having certificates of the 
 grade of number one, shall be paid not less 
 than twenty-five dollars per month; those 
 holding certificates of the grade of number 
 
OF West Virginia. 19 
 
 two, not less than twenty-two dollars per 
 month; and those holding certificates of the 
 grade of number three, not less than eighteen 
 dollars per month. Aod the trustees of the 
 several sub-districts shall in no case transcend 
 or diminish the salaries so fixed in any con- 
 tract Ihey may make with teachers. A quo- 
 rum of the board of educatien shall consist of 
 a majority of the members thereof, and in the 
 absence of the president one of said members 
 may act as such ; but they shall do no official 
 business except when assembled as a board, 
 and by due notice to all the members, except 
 that the president and secretary may sign or- 
 ders upon the sheriff for any sum of money 
 which may have been already ordered to be 
 paid. The members of the board of educa- 
 tion shall receive as compensation for his ser- 
 vices the sum of one dollar and fifty cents per 
 day, to be (aid in like manner as the salary of 
 the clerks of the boards of education: Pro- 
 vided^ That no member shall receive pay for 
 more thap six days' services in any one year. 
 
 X. A Hoard of education has no authority to annul a teach- 
 er's ciTtitic.'ite lor any cause. Only the County Board of 
 E\>iniiner.s can do tliis. 
 
 Xr. Hoards of education fix the terra of school for the 
 Avh(i|>'i district. 
 
 XII. If a sub-district for any cause fail to have a school in 
 any year it can not havf a longer term than the other schools 
 of the district in the followin^j or a subsequent year. 
 
 XIII. Ther*^ is no authority for a board of education to 
 make a difference in the rate of wages to those teachers who 
 
20 School Laws and Decisions 
 
 build the fires and sweep the school house and those who do 
 not. Such a provision would not only be usurpiug the duties 
 imposed by law upon the trustfes, but wc uld in fact be pay- 
 ing for sweeping the house and building fires out of the 
 teachers' fund, which is clearly prohibited. 
 
 XIV. It is the duty of the county superintendent to issue 
 orders for the pay oi' members of the board of education, if 
 satisfied the service has been rendered, but this should not 
 be done before the first day of June of each year. 
 
 XV. Members of board- of education of independent dis- 
 tricts, where not otherwise specially provided, are entitled to 
 pay (per diem) as provided in the general school law. 
 
 XVI. If officers of town corporations also act as the school 
 board for the independent district, they are entitled to the 
 same pay as district school wfficers of the same grade: 
 Provided they reoewe no compensation from the town cor- 
 poration lor their servict\s. 
 
 XVII. "Only one pa>ment of $1.50 per day, for not exceed- 
 ing six days can be made for services of any member of a 
 board of education, and the successor gets nothing if the 
 predecessor received pav for the six days allowed." — Alfred 
 Caldivell, A ftorney- General . 
 
 XVIII. The salary of teachers, as fixed by the board at its 
 July meeting, must be uniform throughout the magisterial 
 district. See Form of proceeding at July meeting, in Ap. 
 pendix. 
 
 [Section 7, as amended by ch. 147, Acts 1882.] 
 
 7. The board of education of each district 
 and independent school district shall be a cor- 
 poration by the name of "the board of educa- 
 tion of the district or independent school dis- 
 trict of , in the county of ," 
 
 and as such may sue and be sued, plead and 
 be impleaded; and as such corporation, shall 
 succeed and be substituted to all the rights of 
 the former township and district boards of 
 education; and may prosecute and maintain 
 any and all suits and proceedings now pending, 
 or which might have been brought and prose- 
 
OF West Virginia. 21 
 
 cuted in the name of any such former board 
 of education for the recovery of any money 
 or property, or damage to any property due 
 to or vested in such former board. The said 
 board shall also be liable in its corporate ca- 
 pacity for all claims legally existing against 
 the board of education of which it is successor. 
 Said board shall receive, hold and dispose of 
 according to the rules of law and the intent of 
 the instrument conferring title, any gift, 
 grant, devise or bequest, made for the use of 
 any Free School or schools under their juris- 
 diction; and without any transfer or convey- 
 ance, shall be deemed the owner of the real 
 and personal property of their district, and 
 the property of the former township or dis- 
 trict for which their district was substituted. 
 Process and notice may be served on said cor- 
 porations by delivering a copy thereof to the 
 secretaiy, or any two members of the board. 
 And all suits or proceedings now pending in 
 any of the courts of the State, in the name of 
 the board of education of any district for any 
 demand or claim in favor of the board of edu- 
 cation of any township or district, are hereby 
 made valid. 
 
 XIX. In order to bind the board of education they must 
 act in their corporate capacity, and not individually. 20 W 
 Va., p. 360. 
 
22 School Laws and Deoisions 
 
 Secretary oj the Board — His Duties and Com- 
 pensation. 
 
 1 As amended by Cli. XXVI. Acts of 1893. Passed February 
 24, 1893.] 
 
 8. The board of education, at their first 
 meeting after their election, shall appoint a 
 secretary, who shall not be a member of the 
 board, and who shall attend all meetings of the 
 board, and record their official proceedings in 
 a book kept for that purpose, which record 
 shall be attested by his signature and the sig- 
 nature of the president of the board, and 
 which shall, at all reasonable times, be open 
 to the inspection of any person interested 
 therein; he shall ha^e the care and custody of 
 all papers belonging to the board containing 
 evidence of title, contracts ©r obligations, or 
 being otherwise valuable, and preserve the 
 same in his office, properly arranged for refer- 
 ence, and shall record and keep on file in his 
 office such papers and documents as the board 
 or the law may direct. 
 
 He shall keep such accounts and prepare 
 and certify such reports and writings pertain- 
 ing to the business of the board, as the board 
 or law may direct. He shall publish within 
 three days after any meeting of the board of 
 education an abstract of the proceedings 
 thereof, by posting the same at the front door 
 
OF West Virginia. 23 
 
 of the place of meeting. He shall within ten 
 days after the annual levy is laid certify to 
 the county superintendent of free schools, the 
 total value of all property, real and personal, 
 in his district, with rate of levy, and amount 
 thereof, keeping separate the rates and 
 amounts of teacher's and building funds; and 
 said superintendent shall within twenty days 
 certify the same to the State superintendent 
 of free schools, using blanks therefor, fur- 
 nished by said State superintendent. He shall 
 also have authority to administer oaths to 
 school officers in all cases where they are re- 
 quired to take an oath as such. For his ser- 
 vices as secretary he shall receive such com- 
 pensation as the board may determine from 
 year to year, not to exceed fifteen dollars, to 
 be paid out of the building fund by an or- 
 der drawn by the county superintendent, 
 when after an examination by said superin- 
 tendent of said secretary's books, they are 
 found to be correct. But such order shall not 
 be drawn until the secretary shall have made 
 his annual report to the county superinten- 
 dent as hereinafter provided, and be approved 
 by the said county superintendent. 
 
 XX. Secretaries of boards of education have authority to 
 administer an oath to a teacher as to the correctness of his 
 report of enumeracion. A teacher is a school officer. 
 
 XXI. The office of secretary of ihe board of education is 
 held at the will of the board. The secretary may be relieved 
 at any time by the board. 
 
24 School Laws and Decisions 
 
 XXir. When the secretary fails and refuses to perform 
 the duties of his ollice. and the board will not remove him, 
 the. matter should be laid before the prosecuting attorney of 
 the county, that it may oe presented to the grand jury. 
 
 XX [II. Secretaries of boards of education mai^e but one 
 report pi'r year to the superintendent The two blanks are 
 sent to each s'-cretary that he may retain a copy of his report 
 in his oflije. Special information is required to be furnished 
 by the secretary to the county superintendent at any time 
 required. 
 
 XXIV. The secretary's annual report cannot be completed 
 before the sheriff's settlement with the board of education. 
 County superintendeuis are forbidden by law to issue orders 
 for the pay of secretaries until they present correct and 
 complete reports. The law provides this in declaratory 
 terms. 
 
 XXV. The law does not specify who shall call the raeet- 
 inys of the board. The board should adopt a rule upon this 
 subjcMit at its first meeting in the school year when all its 
 meiiiliers are present. See Appendix for form of proceedings 
 at first meeting of the Board of Education. 
 
 XXVI. 'I'he secretary has but ten days in which to make 
 report to the county superintendent of the valuation of 
 property, rate of levy, and amount of levy. 
 
 Poioers and Duties of Boards of Education — 
 
 Wliat Schools to be Kept^ and WJio 
 
 May Attend Them. 
 
 9. The boards of education shall have gen- 
 eral control and supervision of the schools 
 and school interests of their districts; they 
 may determine the number and location otthe 
 schools to be tauojht; change the boundaries 
 of their sub-districts, and increase and di- 
 minish the number thereof, having due regard 
 for the school houses already built, or sites 
 procured, assigning, if practicable to each 
 Bub-district not less than forty youths between 
 the ages of six and twenty-one years: Pro- 
 
OF West Virginia. 25 
 
 vided^ That every village consisting of fifty 
 inhabitants or more, shall be included ia one 
 sub-district. And provided further^ That no 
 chano;e in any sub district shall take effect, 
 except immediately after the annual appor- 
 tionment of the general school fund. When 
 such village as is mentioned in this section is 
 divided by district or county lines, the said 
 village shall be included in the sub-district, to 
 be under the supervision of the board of edu- 
 cation of the district to which the largest di- 
 vision of its territory is attached, and said 
 board shall define and enter of record in the 
 office of their secretary the several district 
 and sub-district lines. Any person aggrieved 
 by any decision of the board of education, 
 changing the boundaries of a sub-district, or 
 increasing or diminishing the number of the 
 sub-districts, in their district, under this sec 
 tion, may appeal therefrom to the county su- 
 perintendent of schools, and have the same 
 corrected if erroneous. Every such person 
 shall present to the county superintendent his 
 petition, signed by himself and at least five 
 other residents of the sub- district, stating the 
 action of the board complained of, and the 
 grounds of the appeal; and the county super- 
 intendent shall thereupon fix a time and place 
 for the hearing of the appeal; and cause a 
 notice thereof to be served upon the president 
 
26 School Laws and Decilions 
 
 or secretary of the board of education, at 
 least five days before the hearing. If, upon 
 hearing the proofs and allegations of the 
 parties, the superintendent be of the opinion 
 that the action of the board complained of 
 was illegal or improper, he shall reverse or 
 correct the same; otherwise the said action 
 shall be aflSrmed. 
 
 XXVII. In case the county court change the boundaries 
 or diminish the districts, the boards of education continued 
 in office should re-arrange the suft-district lines so as to con- 
 form to the new district lines, and appoint trustees for the new 
 sub-districts, selecting the same persons heretofore appointed 
 and for the same term of office, as nearly as may be in each 
 instance. 
 
 XXVIII Where the county court of a county changf^s the 
 boundary lin^s of a dii^trict or increases or diminishes the 
 number of districts after the annual levy has been laid for 
 school purposes, and the salaries of teachers fixed in the re- 
 spective districts, and provides that such change or changes 
 shall take effect before the end of the school year (June 30;, 
 the schools and school officers should continue as if no change 
 had boien made, making settlpments, &c., until the close of 
 the year, when the changes ordered should be recognized. 
 
 XXIX. If th« boundary line of a district is changed by a 
 county court so that a school house locateG in one district is 
 by the change included in another, the rate of wages and the 
 term of time prescribed by the board of education having 
 authority to do so, on the first Monday of July, preceding 
 the order of the county court, will remain in force and the 
 wages be paid by the board fixing them, until the end of the 
 current school year, wh^'-n the school and school property 
 shall come under th^ care of the board of the district whose 
 territory has been increased. 
 
 XXX. "The buildiitg of school houses is discretionary with 
 the boards of education. There is no power in any other court, 
 body or person to compel them to build a school house." — 
 Alfred Caldwell, Attorney- General. 
 
 XXXI. The appeal to the county superintendent under this 
 section is limited to the changing the boundaries of a sub-dis- 
 trict, or increasing or diminishing the number of sub-dis- 
 tricts. 
 
 XXXII. District school officers must not only be familiar 
 
OF West Virginia. 27 
 
 with the boundary lines of the several sub-districts, but 
 must see to it that the same are properly recorded in the of- 
 fice of the secretary of the board. 
 
 10. The board of education shall cause to 
 be kept in every sub-district of their district, 
 by a teacher or teachers of competent ability, 
 temperate habits and good morals, a sufficient 
 number of primary schools for the instruction 
 of the persons entited to attend the same, and 
 should the trustees of any sub-district neglect 
 or fail to employ a teacher for their sub-dis- 
 triet, upon complaint thereof, it shall be the 
 duty of the board of education to do so. The 
 following persons when residing in a sub dis- 
 trict, with intent to make such sub-district 
 their home, shall have a right to attend and 
 receive instruction at the primary schools 
 thereof, that is to say: Every youth between 
 the ages of six and twenty-one years, shall 
 have such right; and any other person wish- 
 ing to receive instruction at any Free School 
 in this State, shall have a right, with the as- 
 sent of the trustees, to attend such school, 
 and the teacher or teachers there employed 
 shall give instruction to such person the same 
 as is required by law for other persons, upon 
 the payment of tuition fees, not to exceed one 
 dollar and fifty cents per month for each pu- 
 pil, and upon such other terms as the trustees 
 of the sub-district may prescribe. Said 
 
28 School Laws and Decisions 
 
 tuition fees shall be paid in advance to the 
 sheriff, who shall give his receipt therefor, 
 and place the amount to the credit of the 
 teachers' fund of said district. 
 
 XXXIII. In case suitable persons can not be induced to 
 act as trustees for a s-chool, thp. hoard of education should 
 take charge of.it and do all that it. necessary to make it effi- 
 cient. 
 
 XXX IV. Trustees may prohibit persons over twenty-one 
 years of age from attending the Free School, though they 
 may ten'ier the proper amount of tuition. 
 
 XXXV. When a child reaches its sixth birth-day it has 
 a right to enter school. After it passes its twenty-first 
 birth-day its right to attend expires. 
 
 XXXVI. A teacher has no authority to admit or exclude 
 pupils from a school, whether from the same or another 
 sub-district, without the consent and direction of the trus- 
 te«^s of the school. This does not refer to his right to sus- 
 pend a pupil for disorderly conduct. 
 
 XXXVII The teacher has no right to receive the tuition 
 of pay pupils and have it deducted from his month's salary 
 when his order is drawn. The law directs it to be paid to the 
 sheriff, to be by him placed to the credit of the Teachers' 
 Fund of the district. It may be paid in advance, by the 
 month or term. 
 
 Branches of Learning to he Taught. 
 
 [Section 11, as amended by Ch. XXVI, Acts of 1893. Passed 
 February 2i, 1893,] 
 
 11. In the primary schools there shall be 
 taught. Orthography. Reading, Penmanship, 
 Arithmetic, English Grammar, Physiology, 
 General, United States and State History, 
 General and State Geography, Single Entry 
 Book-lleeping, Civil Government, and in ad- 
 dition thereto the Theory and Art of Teaching. 
 It shall be the duty of the State Superinten- 
 
OF West Virginia. 29 
 
 dent to prescribe a manuul and graded course 
 of primary instruction to be followed in the 
 country and village schools throughout the 
 State, "arranging the order in which the sev- 
 eral branches shall be taken up and studied, 
 and the time to be devoted to them, respec- 
 tively, with provisions for advancement from 
 class to c'ass, also for the examination and 
 graduation of all pupils who satisfactorily 
 complete the prescribed course. 
 
 XXXVIII. Aboard of education has no authority to pre- 
 scribe aduitional brancties to those provided by law, nor to 
 require them to be taught. 
 
 XXXIX. The Theory and Art of T'eaching as enumerated 
 in Section 11, is not to be understood as being one of the 
 branches required to be tausht in the primary schools, but 
 teai-h^rs are required to pass an examination in the sam*', 
 —See Section 29. as they are in all branches required to be 
 tanyht under the provi-io'ns of this >ection. 
 
 XL. '"I'rustees should be very careful not to unnecessarily 
 interfere with a tt^^ach^r in relation to matters pertaiums to 
 the conduct and government, of his school. I do not think a 
 teacher should be compelled to give instruction to pupils 
 
 * * in all branches prescribed by law without reference 
 to proper ^rade-.''— Alfred Caldwell, Attorney- General. 
 
 XLI Itls the official duty ot the .-oun'y superintendSnt to 
 see that the Grade.) Course of Study for Country and Vil- 
 a^e Schools is thoroughly introduced into the said schools 
 of" his county. But it is not the county superintend- 
 ent alone upon whom this responsibility rests. The law 
 makes it the dutv of members and secretaries of boards 
 of education and of tru-;tees aud teach^^rs ^tS well, to perform 
 their wnole duty, seeing to it that the ?aid Course of Study, 
 with trading according to accompanying plan, shall be tuliy 
 introduced into every country and village school m the State. 
 
30 School Laws and Decisions 
 
 CHAPTER 111., ACTS 1887. 
 
 Be it enacted hy the Legislature of West Vir- 
 ginia: 
 
 1. That the nature of alcoholic drinks and 
 narcotics, and special instruction as to their 
 effects upon the human system, in connection 
 with the several divisions of the subject of 
 physiology and hygiene, shall be included in 
 the branches of study taught in the common 
 or public schools, and shall be taught as thor- 
 oughly and in the same manner as other like 
 required branches are in said schools, and to 
 all pupils in all said schools throughout the 
 State. 
 
 2. It shall be the duty of the proper officer 
 in control of any school described in the fore- 
 goii\g section to enforce the provisions of this 
 act; and any such officer, school director, 
 committee, superintendent, or teacher who 
 shall refuse or neglect to comply with the re- 
 quirements of this act, or shall neglect or fail 
 to make proper provisions for the instruction 
 required and in the manner specified by the 
 first section of this act, for all pupils in each 
 and every school under his jurisdiction, shall 
 be removed from office, and the vacancy 
 filled as in other cases. 
 
OF West Virginia. 31 
 
 3. No certificate shall be granted to any 
 person to teach in the public schools of the 
 State, after the first of January, anno domini, 
 eighteen hundred and eighty-nine, who has 
 not passed a satisfactory examination in physi- 
 ology and hygiene, with special reference to 
 the nature and the effects of alcoholic drinks 
 and narcotics upon the human system. 
 
 Trustees: Transfer. 
 
 12. The trustees shall be under the super- 
 vision and control of the board of education, 
 and in all cases the action of the trustees shall 
 be subject to the revision and correction of 
 the board of education, on the motion of 
 any member thereof, or upon the complaint 
 in writing of any three tax-payers of their 
 sub district. Whenever it shall happen that 
 the persons authorized to attend school are so 
 situated as to be better accommodated at the 
 primary school of an a<^joining sub-district, 
 whether in the same or in an adioining dis- 
 trict or county, or whenever it may be neces- 
 sary to establish a school composed of pupils 
 from parts of two sub-districts, whether in 
 the same or in an adjoining district or county, 
 it shall be the duty of the trustees of the sub- 
 districts interested to transfer such persons 
 for school purposes to the sub-district in 
 
32 School Laws and Decisions 
 
 which such school house is, or ma^ be, situ- 
 ated; but the enumeration of youth shall be 
 taken in each sub-district as if no transfer had 
 been made, and the trustees of the sub-dis- 
 trict in which the school is situated shall have 
 the management of such school. But in all 
 cases of transfer of pupils from one district 
 to another, the board of education of the dis- 
 trict from which the transfer is made shall pay 
 to the board of education of the district in 
 which the school is carried on, such propor- 
 tion of the cost of said school, as the scholars 
 so transferred bear to the whole number of 
 scholars taught in such school. 
 
 XLII. Thi^ section eive^ the board of education authority 
 in all cases to correct and revise the action of tru&tees." — 
 Alfred Valdwell, Attorney- General. 
 
 XLIII. A board of education has no authority to transfer 
 pupils. 'J'his is one of the prescribed duties of trustees. The 
 trustees of a school may refuse to admit transferred pupils 
 into a school if the extra number seriously interferes with 
 the efficiency of the school. Tlie person ao^gri^ved by such 
 a decision may appeal to the board of educati"n for redress. 
 
 XLIV. "This section was not intended nor does it authorize 
 trustees to transfer pupils from a sub-district to an inde- 
 pendent school district."— ^(/"r^c? Caldwell, xitt07'ney- Gen- 
 eral. 
 
 XLV. When pupils are transferred as required by this sec- 
 tion, the transfer should state when the trausfer is to take 
 effect Mud how long to continue. 
 
 XLVI. The cost of the tuition of the transferred pupils 
 should be estiiuated from the time the transfer takes effect 
 until It expires or the pupils are withdrawn. 
 
 XLVII. No tran>;1er is complete until the trustees of the 
 sub-district to wliich transfers have been made have aj^reed 
 to accept the pupils. 
 
 XLVIII. When pupils are transferred to an adjoining sub- 
 district in another district it is the duty of the tru<>t«es making 
 the transfers, altliough they are not required to do so by stat- 
 ute, to notify their board of education ol ail transfers made by 
 
OF West Virginia. 33 
 
 them, and the said board of education is required by this 
 section to pay to the board of education of the district to 
 whicb the pupils have been transferied such proportion of 
 the cost of said school or schools as the pupils so trans- 
 ferred bear to the whole nurober of pupils taught in said 
 schools during the time of the transfers. 
 
 [Section 13, as amended by Ch. XXVI., Acts of 1^93. Passed 
 February 21, 1893.] 
 
 3 3. The trustees of every sub-district shall 
 have charge of the schools therein and shall 
 meet at the school house of their sub-district 
 on the third Monday in July of every year, or 
 as soon thereafter as practicable and appoint 
 a teacher or teachers for the coming session 
 of their school, and in such appointment at 
 least two of the trustees, who are the trustees 
 for the ensuing year, shall concur, and such 
 appointment shall be in writing in the form 
 of a contract, according to the form furnished 
 by the State superintendent of free schools 
 and said form shall state that the trustees 
 whose signatures are affixed thereto, met to-' 
 gether as herein required, and said contract 
 shall be filed with the secretary of the board 
 before the beginning of Ihe term for which 
 said teacher is employed. If the appoint- 
 ment of any teacher be otherwise than at a 
 meeting herein authorized, the board of edu- 
 cation may declare such contract illegal, if 
 the declaration be made by the board before 
 the time mentioned in the contract for the be- 
 
34 School Laws and Decisions 
 
 ginning of the school term Any teacher so 
 appointed ma;y be removed by the trustees or 
 by the board of education for incompetency, 
 neglect of duty, intemperance, profanity, 
 cruelty, or immorality. The trustees shall ex- 
 clude from any school under their charge any 
 person having a contagious or infectious dis- 
 ease, and they may suspend or expel any 
 scholar found guilty of any disorderly, refrac- 
 tory, indecent, or immoral conduct, and may 
 refuse to admit snch scholar again to the 
 school until satisfied that he will properly 
 conduct himself thereafter. But the trustees 
 shall take no action or proceeding relating to 
 the removal of teachers or the suspension or 
 expulsion of any scholar from school unless 
 at a meeting of which the trustees have all 
 had notice, and when at least two of their 
 number shall be present and concur in such 
 action or proceeding, and their action in each 
 particular shall be subject to the revision and 
 correction of the board of education upon 
 complaint in writing of a majority of the pa- 
 trons of the school, residing within the sub- 
 district in which such action has been taken. 
 Any trustee may, for good cause shown be 
 removed from office by the board of education 
 upon five days notice in writing, of the cause 
 alleged for his removal, and of the time and 
 place the board will take action thereon. 
 
OF West Virginia. 35 
 
 Whenever at the end of any school month the 
 clail;y average attendance for that month has 
 been less than thirty-five per cent, of the 
 whole number of pupils enumerated in the 
 sub-districts, the trustees may dismiss the 
 teacher and discontinue the school, unless 
 other v?lse directed by the board of education; 
 and no high school shall be continued if at the 
 end of any school month, it has not had an 
 average daily attendance of twenty- five schol- 
 ars. 
 
 And it is further expressly provided that 
 should any trustee of any sub-district or mem- 
 ber of the board of education receive any 
 money or other thing of value for his aid, as- 
 sistance or vote in securing to any teacher a 
 school or employment in any district or inde- 
 pendent school district in the State, in which 
 said trustee or member of the board of edu- 
 cation is authorized by law to act, shall be 
 guilty of a felony and upon conviction there- 
 of shall be punished as provided in chapter 
 147 of the Code of this State, and the teacher 
 who ofl'ersor tenders to such trustee or member 
 of the board of education any money or other 
 thinor of value to infiuence the same, in aid of 
 securing a school, he shall be liable to pun- 
 ishment as provided in said chap^^er. 
 
 XLIX. Neither boards of education nor trustees have au- 
 thority to employ a person to teach in the free schools of this 
 State unless such person presents a certificate in duplicate 
 
36 School Laws and Decisions 
 
 still In force of his qualification to teach a school of the 
 grade for which he applies. For decision reg:arding duplicate 
 certificate see same under section 28. Teachers employed as 
 substitutes should hold same grade of certificate as those 
 whose places thej^ fill. 
 
 L. When a contract is made by a teacher with the trustees 
 of a school in proper form ihe teacher has the leeal right to 
 execute the contract at the time and place specified therein. 
 In case he is prevented from so doing by the action of his 
 emplo5^ers, he has a right of action for damai2:es. 
 
 LI. If a pupil of any public school becomes refractory and 
 can not by any ordinary means be governed by the teach-^r, 
 he should be temporarily suspended and the matter promptly 
 reported to the trustees of the school or those acting in place 
 of trustees, who should thereupon make prompt and cart-ful 
 investigation of the charges, and if the facts warrant it (and 
 there is no reformatory means that may be expected to re- 
 claim him), he should be summarily expelled from the school. 
 LII. A teacher has the right to punish pupils placed under 
 his cbarge for infractions of th^ rules governing the school. 
 But like the parent who has the right to enforce obedience, 
 he is answerable for the abuse of the trust, 
 
 LIII. Schools should open promptly at 9 a. m., and, with 
 proper recess and intermission should be continued until i 
 p, m. 
 
 LIV. The trustees of a school have authority to contract 
 with a teacher for the length of time ani at the price per 
 month prescribed by the board of education, and the board 
 must provide for its payment. 
 
 LV. A majority of the trustees govern in the decision of 
 any question that may properly be decided by them. A 
 board of education may review any decision made by the 
 trustees on motion of one of its (tlie board's) members, or 
 upon the petition in writing of three cr more taxpayers of 
 the sub-district, except in the cases of expelling a pupil 
 from a school and thi^ appointment and removal of a teacher. 
 These questions require complaint in writing, to be signed 
 by a majorify of the patrons of the school, before the board 
 may take action. 
 
 LVI. To ascertain whether a school may be closed under 
 the "thirty-five pp-r cent rule," see example in Appendix. 
 
 LVII. Trustees are not compelled to close the school if the 
 per cent, of "average daily attendfince" is "less than thirty- 
 five." They "may" do so. If they do, the board of educa- 
 tion may continue the school, but the board has no authority 
 to close a school for this cause. 
 
 |« LVIII. A board of education has no authority to close a 
 school on account of the attendance falling below thirty-five 
 per cent. The trustees may do so. 
 LIX. Authority of trustees over pupils who have been ex- 
 
OF West Virginia. 37 
 
 posed to contagious diseases: Trustees are not required to 
 wait until the pupil has actually developed a contagious or 
 infectious disease before they can exclude a pupil they 
 have good and valid reason to believe will probably soon 
 have such disease because peculiarJy exposed to it. "^I'hey 
 can direct the teacher to exclude a pupil likely to start 
 disease m the school, although such pupil may be at the 
 time in good health. * * T heir action must be taken m 
 good i'dith.— Alfred Caldwell, Attorney General. 
 
 14. The trustees shall visit every school 
 under their charge within two weeks after the 
 opening, and again within two weeks before 
 the close thereof, and at such other times as 
 in their opinion may be useful to do so. Dur- 
 ing such visits, they shall inspect the register 
 of every teacher and see whether it has been 
 properly kept, and ascertain whether the 
 scholars have supplied themselves with books 
 and other things requisite for their studies ; 
 whether the school house and grounds, furni- 
 ture, apparatus and library are kept in good 
 order; whether anything injurious to the 
 health is suffered to remain about the house 
 or grounds, and whether the school house is 
 well ventilated and kept comfortable, as the 
 season may require ; and where it is necessary, 
 provide and promptly apply the proper remedy. 
 They shall also during such visits make such 
 exammation and enquiry as they may deem 
 useful respecting the studies, discipline and 
 general condition of the school, and the con- 
 duct and proficiency of the scholars; and give 
 such directions or make such suggestions to 
 
38 School Laws and Decisions 
 
 the teachers, as in their opinion, will promote 
 the interest of the school, and the health, 
 morals and progress of the scholars. 
 
 LX. The duty of visiting the schools is made obligatory 
 upon the trustees, and they should faithfully comply with 
 the law in this matter. 
 
 LXI. Persons over twenty-one years of age and undT six 
 years of age have no right to attend the public schools free 
 of tuition. One of the duties of trustees in examining the 
 teacher's daily register is to detect the names of persons on 
 it under or over school aee. 
 
 LXIJ. The leading object of the trustees on this, their 
 first visit, should be the examination of the sanitary condi- 
 tion of the school building and out-houses. The health of 
 both teachers and pupils depend upon the healthful sur- 
 roundings while attending school. 
 
 [Section 15 as amended by Acts ©f 1891.1 
 
 15. They shall cause the school houses un- 
 der their charge and everything pertaining 
 thereto, to be kept in good order and repair, 
 and for this purpose it shall, among other 
 things, be their duty to cause proper suits and 
 prosecutions to be instituted, in the name of 
 the board of education of the district or oth- 
 erwise, against every person who shall injure 
 or destroy any school property of which the 
 said trustees have charge ; and they shall not, 
 without the permission of the district board 
 of education, allow said school houses to be 
 used for any other purpose whatever, except 
 for the purpose of holding religious or literary 
 meetings and Sunday schools, equally by the 
 various religious denominations that may ap- 
 
OF West Virginia. 39 
 
 ply for the same, and further for such other 
 meetings as may be considered beneficial to 
 the public generally under such regulations as 
 to the care thereof as may be prescribed by 
 them ; Provided^ That such meetings shall 
 not interfere with the public schools. 
 
 The trustees shall furnish to the board of 
 education estimates of all improvements neces- 
 sary to the preservation or repair of buildings, 
 grounds and furniture under their charge. 
 
 LXIII. Thft trustees of a school may allow religious exer- 
 cises held ill their school house. They may prescribe condi- 
 tions, etc. Thej^ may refuse to allow the school house to be 
 used for thi-* purpose. In either case, on motion of any mem- 
 ber of the board of education, or the petition in writing of 
 three tax p-tyers of the sub di<trioc, the actio"n of the trustees 
 may be rt^viewed and reversed or affirmed. The couuty 
 superintendent has no au' hori+y in the matter. 
 
 LXIV. "Debating societies," teachers' meetings, school 
 exhibitions and spelling-schools, together with any other 
 meetings, having for their object the advancement of the 
 school interests of the sub-di-^trict, and being of a literary 
 character, if conducted in a respectable manner, come within 
 the meaning of the words "literary meetings," as used in the 
 fifteenth section of the school law. 
 
 LXV. If the trustees of a schoi] refuse the use of a school 
 house for religious purposes, an appeal mav be taken to the 
 board of education The decision of the board is final, either 
 for or against. They mav absolutely exclude all denomina- 
 ti@ns from the fchool h use. 
 
 LXVI. Religious and literary societies and teachers of se- 
 lect schools, may be required to give security for the protec- 
 tion of sch'^ol property wherf- trustees are Hsked to allow the 
 school house to be used for the meetings of such societies. 
 The use of public school property for such purposes is a privi- 
 lege, not a right. 
 
 15a. [Ch. 13, Acts 1887] If a person wil- 
 fully interrupt, molest or disturb any free 
 school or other school, literary society or any 
 
40 School Laws and Decisions 
 
 other society formed for intellectual, social or 
 moral improvement, organized or carried on 
 under or in pursuance of the laws of this state, 
 or any Sunday school, or other school, or 
 school exhibition, or any society lawfully car- 
 ried on, he shall be guilty of a misdemeanor, 
 and fined not less than ten nor more than 
 fifty dollars, or at the discretion of the court, 
 be confined in the jail of the county not more 
 than thirty days, in addition to said fine. 
 
 [Section 16, as amended by Ch. XIV, Acts 1889.] 
 
 16, The trustees of each sub-district shall 
 keep exact account of all necessary expenses 
 incurred by them in the performance of their 
 duties, and render to the secretary of the 
 board of education, at or before their last 
 meeting for the current school year, written 
 accounts, by items, of all such expenses, 
 which, if the board find correct, they shall 
 pay by an order to the sheriff, drawn on the 
 building fund of the district, signed by the 
 secretary and president. 
 
 The trustees of any sub-district may pur- 
 chase fuel, water buckets, brooms, coal hods, 
 shovels, pokers, stove pipes, crayons, erasers 
 and dippers, for use in school rooms. They 
 may make such repairs in windows, doors, 
 benches, desks, floors, walls, ceilings and 
 roofs as will render the house comfortable. 
 
OP West Virginia. 41 
 
 For such purchase or repairs they shall ren- 
 der to the secretary of the board of education 
 an account, which, if the board find correct, 
 they shall pay out of the building fund of the 
 district. 
 
 No one trustee, shall, by himself have any 
 power to perform any duty required by law of 
 the trustees, who shall meet at a time and 
 place fixed by two of their number, the other 
 having had reasonable notice of such meeting, 
 and two of the trustees shall constitute a quo- 
 rum, and they shall keep a record of their 
 acts and proceedings in a book to be furnished 
 them by the board of education for that pur- 
 pose, such book to be turned over by them to 
 their successors in oflSce, 
 
 LXVII. While trustees are appointed by the toard Of edu- 
 cation, their powers are prescribed and their duties imposed 
 by law; and by section 12, of chapter 45, of the Code, the 
 actions of such trustees are subject to the revision and cor- 
 rection of the board of education on proper motion or com- 
 plaint made; yet no power is given the board to interfere 
 with or prevent a proper discharge by the trustees, of the 
 duties imposed upon them, as such, by law. 
 
 By section 16 of chapter 45 of the Code, it is provided, 
 among other things, that ' the trustees of any sub-district 
 may purchase fuel, water buckets, brooms, coai-hods, shov- 
 els, pokers, stove pipf'S and dippers for use in school rooms. 
 # * * For s'ich purchases they shall render to the secreta- 
 ry of the hoard of education an account, which, if the board 
 find correct, they shall pay out of the building fund of the 
 district." 
 
 If then the board, upon examination or revisal, find the 
 account correct, they cannot alti-r, amend or repudiate it; 
 but, in the language of the law, they shall pay it out of the 
 building fund of the district." — C. C. Watts~ Attorney-Gen- 
 eral. 
 
42 School Laws and Decisions 
 
 Colored Schools — Provisions Relating to. 
 
 17. White and colored persons shall not be 
 taught in the same school; but to afford to 
 colored children the benefits of a Free School 
 education, it shall be the duty of the trustees 
 of every sub-district to establis^h therein, one 
 or more primary schools, for colored persons 
 between the ages of six and twenty-one years, 
 whenever the number of such persons residing 
 therein, and between the ages aforesaid, ex- 
 ceeds fifteen according to the enumeration 
 made for school purposes. The trustees of 
 two or more sub-districts, whether in the same 
 or adjoining districts or counties, may, by 
 agreement with each other, join in establish- 
 ing a primary school for colored children re- 
 siding in said sub-districts, and such schools 
 so established shall be subject to the same 
 regulations as are provided for the schools for 
 white children, in section 12 of this chapter. 
 
 LXVIII. If the colored population of school age exceeds 
 fifteen, a school must be established for their accommoda- 
 tion. If there be not so many, that is if the number be 
 fewer than fifteen, they may be transferred to and adjoining 
 sub-district in which a colored school exists, such transfers 
 to be made according to regulations prescrited in Section 12. 
 If such school does not exist to which said colored pupils 
 can be transferred, then a distribution of funds must be 
 made as provided for in section 18. 
 
 LXIX. There is no authority under the recent school law 
 to make a distinction m thp grading of certificates or of 
 salaries of white and colored teachers. 
 
 LXX. The children of Indian parents have a right to at- 
 tend the school for white chilciren, as the word "colored" in 
 
OP West Virginia. 43 
 
 the constitutional provision prohibiting white and colored 
 children from attendiug the same school, is construed to re- 
 fer to chiJdrpn of African descent. 
 
 LXXI. '-When a school has been established for colored pu- 
 pils under section 17 it must be kept open and continued as 
 long as the schools for whites in tbe same district. 'I'he col- 
 ored children, after the sch^'ol is esiablished under that 
 section, are entitled of right to the same apparatus, neces- 
 sary furniture, aud school appliances as well as the same 
 length of school term as the whites in schools of like gr-de, 
 no matter how little or how great the taxes collected from 
 the colored people of tbe district may be. There is nothing 
 in the 18th section to affect this view. The 18th section deala 
 with an other case entirely and cannot affi'ct in any way 
 a sub-district where a colored school is estatilish^d in ac- 
 cordance with law." — Alfred Caldwell, Attorney-General. 
 
 18. Whenever, in any school district, the 
 benefit of a free school education is not se- 
 cured to the colored children residing therein, 
 in the manner mentioned in the preceding 
 section, the fund applicable to the support of 
 free schools in such sub-district, whether re- 
 ceived from the State or local taxation, shall 
 be divided by the board of education in the 
 proportion which the number of colored chil- 
 dren bears to the number of white children 
 therein, according to the latest enumeration 
 made for school purposes; and the share of 
 the former shall be set apart for the education 
 of colored persons of the proper age, residing 
 in such sub-district, or district, and be applied 
 for that purpose from time to time in such 
 way as the board of education of the district 
 may deem best. Any board of education 
 failing to comply with this section may be 
 
44 School Laws and Decisions 
 
 compelled to do so by the circuit court of the 
 county, by mandamus. 
 
 LXXII . It is the duty of the boards of edueation, under sec- 
 tions 17 and 18 of the school Jaw, to provide schools and 
 school houses for the colored youths of school age. In case 
 they neglect or refuse to properly provide for them, or set 
 apart the proportion of the sch'^ol fund for such colored 
 youths, the circuit court would, upon proper complaint, or- 
 der the board to make provision for them. 
 
 Enumeration of Youth. 
 
 19. The board of education of each district 
 and independent school district shall require 
 the teacher or teachers in each sub-district 
 or independent school district, annually, be- 
 fore the close of the school or schools, not 
 later than the first day of April, to make an 
 enumeration of all the youths resident in such 
 sub-district or independent school district, 
 who shall be over six years and under twenty- 
 one years old, on the first day of July follow- 
 ing, distinguishing between male and female, 
 white and colored. The enumeration shall be 
 taken in two classes as follows: One class 
 shall contain all youths between the ages Of 
 six and sixteen years, and the other, youths 
 between sixteen and twenty-one years respect- 
 ively. The enumeration shall be verified by 
 the aflSdavit of the teacher wh© took the 
 same, bef@re some person qualified to admin- 
 ister oaths, to the effect that he used all means 
 
OF West Virginia. 45 
 
 in his power to make it, and believes it to be 
 correct, and shall return such enumeration to 
 the secretary of the board of education of the 
 district with the term report of such school, or 
 not later than the first day of April ; and unless 
 such enumeration be properly taken and re- 
 turned, the teacher shall not be entitled to de- 
 mand payment of the balance due on his sal- 
 ary, or so much thereof as shall be necessary 
 to defray the expenses of the enumeration as 
 herein provided. 
 
 No teacher in this state shall be required to 
 serve on any jury, nor to work on the roads, 
 while his school is in actual operation. 
 
 The secretary of the board of education 
 shall keep a record in his office of the enu- 
 meration of youth so taken, and shall annu- 
 ally, on or before the fifteenth day of April 
 transmit a certified copy or such enumeration 
 to the county superintendent of his county. 
 When such enumeration for any district or 
 sub-district shall not be received by the coun- 
 ty superintendent before the twentieth day of 
 April in auy year, it shall be his duty, without 
 delay, to employ a competent person to take 
 and verify the same as aforesaid. The person 
 taking and verifying such enumeration shall 
 be paid a reasonable compensation, to be al- 
 lowed by the board of education, not to ex- 
 ceed two dollars per day for the time neces- 
 
46 School Laws and Decisions 
 
 sarily consumed, and paid by an order of said 
 board, signed by the president and secretary, 
 out of the building fund of such district. In 
 either case the county superintendent as soon 
 as he receives the enumeration for any district 
 or independent school district, and not later 
 than the first day of May, shall forward to 
 the State Superintendent of Free Schools a 
 statement of the number of youths of school 
 age therein. The State Superintendent of 
 Free Schools shall prescribe and furnish all 
 blanks to be used for taking the enumeration 
 of youth. 
 
 LXXIII. A correct enumeration of the school youth is one 
 of the most important matters connected with the school work 
 of the State, for it is the basis upon which the distributable 
 school fund of the State is disbursed. Secretaries should 
 carefully scrutinize the enumeration report from every sub- 
 distrior, and satisfy himself of its accuracy. 
 
 LXXIV. The secretary of the board is authorized to admin- 
 ister oaths to teachers as to the correctness of their reports 
 of enumeration. See Section 8. 
 
 LXXV. The county superintendent shall see to it that 
 they make prompt returns of enumeration and with equal 
 promptness, should forward same to the State Superintendent 
 for to him tlie ^Luditor certifies the amount of the di'tribu- 
 table State school fund, June lOih, and the Slate Superin- 
 tendent distributes same to the counties and reports same to 
 county superintendents that boards of education may 
 be advised of amount due before their levy meeting in July. 
 
 LXXVII. It is the duty of the board of education to levy 
 for a suflTicient amount for both teachers' and building funds, 
 to do all that is necessary to have all the schools in their re- 
 spective districts taught four months in the year unless su^h 
 amount would require a levy of more than the maximum rate 
 fixed by law, viz: fifty cents on the $100. 
 
 LXXVII A child has a right to attend school ia the sub- 
 district where enumerated. 
 
OF West Virginia. 47 
 
 Reports to be Made. 
 
 20. The trustees of each sub-district shall 
 make a report to the secretary of the board of 
 education of their district, at or before their 
 last meetiug in each schooX^ear, setting forth 
 in reference to their sub-district, the follow- 
 ing particulars; that is to say: Tha condition 
 of school houses under their charge; the 
 value and kind of apparatus; the number of 
 volumes in school libraries and their value, 
 with such explanations, remarks and addi- 
 tional information as the said trustees may 
 deem useful, or as the blanks furnished by 
 the State Superintendent of Free Schools may 
 require. They shall also report the same 
 particulars in relation to any schools under 
 their charge for colored persons. 
 
 LX XVIII. Trustees should make their annual report as 
 prescrlned in form No. 7, at the close of the year (June 30) 
 whether the school closed then or not. 
 
 LXXIX. The report of the trustees is a most important 
 one, it being the basis of our school statistics It is a sta- 
 tistical report and statistics are worthless unless accurate. 
 Secretaries should see that every item is as correct as it is 
 possible to make it. 
 
 21. The secretary of the board of educa- 
 tion to whom the report of the trustees shall 
 have been made, as provided in the twentieth 
 section, shall revise the said reports, and if 
 they be found erroneous or defective, may 
 return them for correction. From the cor- 
 
48 School Laws and Decisions 
 
 reeled report and the teachers' registers, pro- 
 vided for in the thirtieth section of this chap- 
 ter, and such other authentic information as 
 he may be able to obtain, he shall make a re- 
 port to the county superintendent on or before 
 the twentieth day of July, annually, in tabu- 
 lar form, by sub districts, embracing f ach 
 particular reported to him by the said trustees' 
 reports and teachers' registers, and showing 
 the aggregate or average of each, as the case 
 may require, for his district. And he shall 
 further report to the county superintendent 
 on or before the twentieth day of July, an- 
 nually, the following additional particulars 
 in reference to his district, for the year end- 
 ing on the preceding thirtieth day of June, 
 that is to say : The rate and amount of the 
 tax levied for the teachers' fund and the 
 building fund respectively; the amount of 
 such taxes collected and placed to the credit 
 of each of these funds; the amount received 
 from the State for the teachers' fund; the 
 amount of the balance in the treasury at the 
 beginning of the school year for each fund; 
 the amount of receipts from all other sources 
 placed to the credit of each fund; the amount 
 expended for the pay of teachers, male and 
 female, white and colored, respectively; the 
 amount of commission paid to the sheriff or 
 collector; the amount of the delinquent list 
 
OF West Virginia. 49 
 
 returned by said collector ; the amount of the 
 balance in hand at the close of the school 
 year fo-r each fund ; the amount expended for 
 the purchase of sites for school houses, and 
 for the construction and furnishing of the 
 same; and for the rent, hire and repair of 
 such property ; the amount expended for such 
 furniture, for apparatus, for interest, for 
 the enumeration of youth, and for contin- 
 gencies; also, the number of volumes in 
 school libraries and their value ; total receipts; 
 total expenditures, with such explanations, re- 
 marks and additional information as he may 
 deem proper, or as the blanks furnished by 
 the State Superintendent may require. He 
 shall also, in like manner, report all particu- 
 lars pertaining to any colored school or 
 schools in his district, including the number 
 taught therein, and for what length of time. 
 For this report the secretary shall be allowed 
 out of the building fund, in addition to his 
 salary as secretary, ten dollars; but the board 
 of education shall in no case order this sum 
 to be paid until the county superintendent 
 has certified to them that the said report has 
 been made, and that it is correct and com- 
 plete, and made within the time specified in 
 this section. 
 
 LXXX. In the case of summer schools where a part of the 
 term is finished in one year and a part in the next, the finan- 
 
50. School Laws and Decisions 
 
 cial condition of the district must be reported, just as it is, 
 without regard to what may or what may not be contracted 
 for. In the estimate for i he levy the amount of partially exe- 
 cuted contracts and the balance on hand to pay them must 
 be considered. The .'Statistical report of such schools should 
 be madein the year in which they close. 
 
 LXXXI. Secretaries of boards of education make bnt one 
 report per year to the superintendent. The secretaries are 
 the statistical officers of the State school system. The accu- 
 racy of the county superintendent's report depends upon 
 that of the reports of the secret iries of his county and so it 
 is with the report of the State Superintendent, which is tak- 
 en as authority upon our school statistics. The two blanks 
 are sent to each secretary that he may retain a copy of his 
 repcrt in his office. 
 
 LXXXIl! The secretary's annual report cannot "be com- 
 pleted before the sheriff's settlement with the board of edu- 
 cation, County superintendents must not issue orders for 
 the pay of secretaries until they pres»-nt corre'it and com- 
 plete reports. The law pruvides this in declaratory terras. 
 
 LXXXIII. Chapter 29. § 67 Ood*', requires the secretary of 
 every school district and independent school ^listrict through 
 which a railroad runs in each county, within thirty days 
 after the levy is laid for free school and ^'uildint: purposes, 
 or either, to certify to the auditor the amount so levied, etc. 
 See § 67, ch. 29 Code. See form in Appendix. 
 
 22. The county superiotendent shall receive 
 and revise the reports made to him as afore- 
 said, and see that they are in proper form and 
 according to intent of law; and when defi- 
 ciencies or errors are found to exist, shall re- 
 turn them for correction. From these reports 
 and such other authentic information as he 
 can obtain, he shall make report to the State 
 Superintendent of Free Schools, on or before 
 the first day of August, annually, or as soon 
 thereafter as possible, setting forth in ref- 
 erence to each district of his county, for the 
 year ending on the preceding thirtieth day of 
 June, the several particulars mentioned in the 
 
OF West Virginia. 51 
 
 twentieth and twenty- first sections, with the 
 proper aggregate or average of each for the 
 county; and shall make the apportionment, 
 and report such apportionment to the auditor, 
 and also report whether the districts have 
 made the levy for school purposes required by 
 this chapter. • 
 
 LXXXIV. The report of the county superintendent should 
 be made not later than the 1st day of August, as prescribed 
 by law, that the State Superintendent may complete his an- 
 nual report, which he should have compiled for the Gov- 
 ernor not later than the 1st day of October. 
 
 LXXXV. The apportionment of the General School Fund, 
 made by the county superintendent, should be reported to 
 the State Superintendent, as well as to the auditor. 
 
 School Year. 
 
 23. The school year shall commence on the 
 first day of July, and close on the thirtieth 
 day of June, and all reports, accounts and 
 settlements respecting the Free Schools of 
 this State shall be made with reference to the 
 school year. 
 
 LXXXVI. All schools that close after the end of the school 
 year (June 30th) should be reported in the next year, al- 
 though a part of the time of such school was taught in the 
 form<-r vear. 
 
 LXXXVII. If any school opens after the first day of April, 
 (the time require ? for the enumeration to be returned by the 
 teficher), if the teacher so opening the school has not taken 
 the enumeration and returned it, it is the duty of the county 
 superin'enjent to employ some o^e. as the law directs, to 
 take the enumeration of that »ub-district. The pay to such 
 p rson would not be properly deducted from the teacher's 
 sa'arv, who opened the school after the time required for the 
 enumeration to be returned. 
 
 LXXXVIII. If a school opens so near the close of the 
 
52 School Laws and Decisions 
 
 school year that by continuing in session all the school days 
 to the end of the year, the term will not be finished before the 
 year closes, the remaininpr time, uider the contract, may be 
 completed in the n.'W y^-ar. (In this case the school should 
 b*' reponed in the new year.) If the school open in ample 
 time to finish before the close of the y«'ar, but suspends 
 before the terra is out, the time can not be added to the 
 next year's term. 
 
 LXXXIX. The school law contemplates that the financial 
 affairs shall be closed up at the end of each year. 
 
 High Schools— Graded Schools. 
 
 24. When the board of education of any 
 district deem it expedient to establish a high 
 school, they shall submit the question to the 
 voters of the district on the day and month of 
 election named in section two of this chapter, 
 of any year, in the manner following, that is 
 to say : The board shall prepare and sign a 
 notice setting forth the kind of school pro- 
 posed ; the place where it is to be located; the 
 estimated expense of es^^ablishing the same, 
 including cost of site, building, furniture, 
 books and apparatus and tl e pstimated annual 
 expense of suppoiting the school af<er it is in 
 operation, with such otber information con- 
 cerning it as they may deem pioper; and stat- 
 ing that the question of authorizing the estab- 
 lishment of such school will be submitted to 
 the voters of the district, at the election spec- 
 ified in the notice, which they shall cause to 
 be posted four weeks before the election in at 
 least three of the most public places in the 
 
OF West Virginia. 53 
 
 district. A poll shall thereupon be taken 
 upon the said question, at the election speci- 
 fied in the notice, and the result ascertained 
 in like manner as is prescribed in section two 
 of this chapter. The ballots used on voting 
 on the question shall have written or printed 
 thereon the words, "For the high school," or 
 "Against the high school." If it appear by 
 the result of said poll that not less than three- 
 fifths of the voters who voted on the question 
 are in favor of authorizing the establishment 
 of said school, the board of education mav 
 then proceed to obtain the site and provide 
 proper buildings, fixtures and improvements, 
 and procure necessary furniture, books and 
 apparatus for the said school, to support the 
 same after it is put in operation ; for which 
 purpose the board may annually levy an addi- 
 tional tax on the property taxable in their 
 district, not to exceed in any one year thirty 
 cents on every one hundred dollars valuation 
 thereof, according to the latest assessment for 
 State and county taxation. The said school 
 shall be under the care and direction of the 
 board of education of the district in \yhich it 
 is established. 
 
 XC. By Ihe amendment and re-enactment of Section 2, in 
 
 1893, the t,im« of ho'dirrg school election^! was changed from 
 
 the month of Mav io that of November, to corr- spond with 
 
 Ihw general elections of th • Mate. 
 
 ' XCI. Under the provisions of Section 2, the-time required 
 
54 School Laws and Decisions 
 
 to be specified in the notice of elpction, must be that of the 
 date of the general election held four weeks later. 
 
 XCII. Sectloa 2 prescribes how th'^ said poll is to be taken, 
 viz: At the general elpctioa which is to be neldin accordance 
 and under the prescribed regulations of Ch III, of the Code 
 of West Virginia, and Chapter XXV. of the Acts of 1893. 
 
 XCIII. The maximum rate of levy is 50 ceuts on the one 
 hundred dollars, for country and village schools except as 
 provided in section 40, but for the support of high schools 
 established in accordance with the provisions of this 
 section, there mav be an additional levy of 30 ceots on 
 the one hundred dollars, thus making the maximum 
 rate for the support of these schools 80 cents on the 
 one hundred doiJars, and the power to levy tD this extent is 
 granted to the board by the vote of the people when the high 
 Bchool is established. 
 
 25. In like manner, if the boards of educa- 
 tion of two or more districts, whether in the 
 same or different counties, deem it expedient 
 to jointly establish and support a high school, 
 they may submit the question of authorizing 
 the same to the voters of their districts, sepa- 
 rately, and in the manner prescribed in sec- 
 tion twenty-four of this chapter, specifying in 
 the notice the amount or proportion of the ex- 
 penses which each district is to contribute; 
 and if authorized by not less than three-fifths 
 of the voters voting on the question in each 
 district, may proceed jointly to establish and 
 support the said school ; and for that purpose 
 the said boards may annually levy a tax on 
 the property taxable in their respective dis- 
 tricts, not to exceed in any one year the rate 
 of thirty cents on every one hundred dollars 
 valuation thereof. The said school shall be 
 under the care and direction of directors, to 
 
OF West Virginia. 65 
 
 be selected and removed from time to time in 
 such manner as the boards of education con- 
 cerned may agree upon, or when there is no 
 such agreement, under the care and direction 
 of the board of education of the district in 
 which the school house is situated, and the 
 boards of education concerned shall from time 
 to time prescribe such regulations as they may 
 deem necessary respecting the school. 
 
 XCIV. If the school is pstabli*hed by a magisterial dis- 
 trict it must remain under the cootr 1 of the board of ' daca- 
 tion of the saia di^ti-ict. in which the school is established. 
 But if it be establish d by two ur more districts, then the^ 
 said sf'honl m -y be placed un ier the nianagement of a board 
 of directors to be sel-cted or appointed in such manner as the 
 several boards of educatiou coacerced may agree upon. 
 
 rSection 26, as amended and re-enacted by chapter 25, Acts 
 
 1889.] 
 
 26. The board of directors who have the 
 care and direction of the said school shall ap- 
 point, and may remove the teachers, shall 
 , fix their salaries; prescribe the branches of 
 learning to be taught; the time the school 
 shall be kept open; the ases and qualifications 
 of the scholars to be admitted, admit scholars 
 from non-contributing districts on such terms 
 of tuition as they may deem proper; expel or 
 suspend scholars when necessary; ascertain 
 and certify tbe expenses of the school, of 
 which they shall cause exact accounts to be 
 kept; and prescribe all needful regulations re- 
 
56 School Laws and Decisions 
 
 specting the school, subject, nevertheless, to 
 any regulations respecting the same that may 
 be prescribed pursuant to the preceding section. 
 They shall annually report through their sec- 
 retary on or before the twentieth da}'' of July, 
 to the superintendent of free schools for the 
 county in which the school house is situated, 
 such particulars respecting the schools as the 
 State Superintendent of Free Schools may re- 
 quire; and the county superintendent shall 
 transmit the report, with such remarks and 
 additional information as he deems proper, to 
 the State Superintendent. The boards cf ed- 
 ucation of any district may also establish 
 graded schools in towns, villages, and densely 
 populated neighborhoods of their respective 
 districts, employ teachers therefor, and make 
 such special regulations as may be necessary 
 to conduct them. But in every such case in- 
 volving additional taxation, the matter shall 
 be first submitted to a vote of the people and 
 their consent obtained, as is prescribed in sec- 
 tion twenty.four in case ©f a high school: 
 Provided^ That no additional levy for a 
 graded school shall exceed in any one year 
 fifteen cents on every hundred dollars valua- 
 tion. Provided furtlter, When any sub-dis- 
 trict having graded schools, desire a longer 
 term of school than four months, it shall be 
 the duty of the board of education on the pe- 
 
OF West Virginia. 57 
 
 tition of the taxpayers of sueh sub-district to 
 submit the question to the voters of said sub- 
 district, at such time and place as they may 
 fix, by posting notices ten days before said 
 election, setting forth the number of nonths 
 the said school shall be run, including the 
 State Fund and their proper share of any dis- 
 trict levy that may be levied in the district 
 for the support ot tine schools of said districts. 
 It shall be the duty of the assessor, with the 
 assistance of the secretary of the board of 
 education, to furnish such board a list of the 
 property, both real and personal, assessed by 
 him in said sub-district, for State and county 
 purposes And the said board of education 
 may provide for the extending of the said tax, 
 and provide for the collection of the same, 
 under such rules and regulations as they may 
 provide, and use the fund thus collected for 
 the running of such graded schools. 
 
 XCV. "No vote of th*^. people is necessary as a condition 
 precedent to the establishing of a graded school in a district 
 in case such school does not increase the levy over the fifty 
 cent limit named in section 40. The vote to authorize any 
 levy must be taken as required by section 2. Section 26 spe- 
 cifically requires a vote where the cost involves a levy in ex- 
 cess of such fifty cents. I find no authority for continuing a 
 graded school any longer period than other schools of a dis- 
 trict.'" — Alfred Caldwell, Attorney General. 
 
 XCVI. The number of tax-payers who are to petition for 
 more than four nionths' school in a sub-district is left to the 
 discretion of the board. There should be a sufiicient number 
 on the petition to indicate that the desire was seriously en- 
 tertained and entitled to respect. 
 
 XCVir. The vote should betaken not later than the 10th 
 of May, so that if the increased, rate of levy is authorized, 
 
68 School Laws and Decisions 
 
 the assessor may ba,ve the necessary time in which to ex- 
 tend same on his books. The rate of levy being 50 cents on 
 the one hundred doiJars, the increase to be voted upon can- 
 not exceed fifteen cents additional, making the maximum 
 levy for the support of a graded school 65 cents on the one 
 hundred dollars. 
 
 XUVIII. "The board should have the sheriff collect the 
 taxes for the graded school. They should enter an order 
 authorizing him to collect. It would not be bnst to order 
 the collection by any one else." — Alfred Caldivell, Attorney 
 General. 
 
 [Section 27, as amended by Ch XXVI. Acts of 1893. Passe d 
 February 24, 1893.] 
 
 27. There shall be in every county, for the 
 purpose of examining and certifying teachers, 
 a county board of examiners, to be composed 
 of the county superintendent, who shall be 
 tx-officio president, and two experienced 
 teachers, each of whom shall have received a 
 teacher's state certiflcate or a number one 
 county certificate, or be a graduate of some 
 reputable school, to be Dominated by the 
 county superintendent and appointed by the 
 presidents of the district boards of education, 
 at a meeting for that purpose, to be held at 
 the county seat on the first Wednesday in July, 
 1893, one of whom shall be appointed for a 
 term of two years and one for one year, and 
 thereafter one member annually for a term of 
 two years, at which meeting a majority of 
 said presidents, or any three thereof, shall 
 coDstitute a quorum. It shall be the duty of 
 the county superintendent to attend such 
 
OF West Virginia. 59 
 
 meetiDgs. Vacancies in said board of exami- 
 ners shall be filled by the presidents in the 
 same manner as members of said board are 
 appointed, and it shall be the duty of the 
 county superintendent, upon giving ten days' 
 notice, to call meetings of said presidents at 
 the county seat for that purpose. The board 
 of examiners shall each receive a compensa- 
 tion of three dollars per day for each day 
 actually and necessarily employed in conduct- 
 ing the examinations, and for one day at each 
 of the two stated examinations required in 
 section twenty-eight of this chapter 1o be 
 spent in consultation and preparation for their 
 duties. This compensation shall be paid out 
 of the fees received from the teachers exam- 
 ined, and shall in no case exceed the amount 
 thereof. The county superintendent shall 
 collect from every person who applies for ex- 
 amination a fee therefor of one dollar, out of 
 which he shall pay the per diem of the board 
 of examiners, and the expense of the notice 
 required by the twenty-eighth section of this 
 chapter, and the balance, if any, he shall pay 
 to the sheriff, to be placed to the credit of 
 the distributable fund of the county received 
 from tbe State, and distributed with it. He 
 shall at the end of each school year, make 
 and return to the clerk of the county court, 
 and also to the State Superintendent, a de- 
 
60 School Laws and Decisions 
 
 tailed and certified account of the names of 
 all applicants for examination; the amount of 
 the fees received by him for the same; the 
 amount paid out to the members of the board 
 of examiners, and the balance, if any, placed 
 to the credit of the distributable fund of the 
 county as aforesaid. 
 
 XCIX. Presideots of independeat school districts should 
 participate in the electioa of luembers of the boai-d of exam- 
 iners except where their teachers are rot required to be ex- 
 amined by said board, as in Wbeelmg, Huntington, Charles- 
 ton, Martinsburg Ac. 
 
 C. No more than two names should be proposed to the 
 presicents of the boards of education at onetime for mem- 
 bers of the board of examiners. If either or both are re- 
 jected, then other nominations should be made. 
 
 CI. No person other than a teacher should be appointed a 
 member of the board of examiners. 
 
 ClI. All appointees must hold No. 1 certificates or their 
 equivalents 
 
 cm. The county superintendent has the sole right to 
 name candidates to the presidents fer members of the board 
 of examiners. 
 
 CIV. All school officers, including members of the boards 
 of examiners, are required to take the Odth prescribed by 
 the constitution, section 5, Article IV. 
 
 CV. The presidents of the boards of education have no 
 authority to elect persons members of the board of exami- 
 ners not nominated by the county superintendent 
 
 CVI The offices of president of board of education and 
 member of t>ie board of examiners are incompatible. 
 
 <"5VII. In case there is more money received from fees in 
 one examination than pays ttie per diem of the members of 
 the board and the publication of notice, tlie residue may be 
 used to pay per diem of members of the board in subsequent 
 examinations in the same year where the receipts are insuf- 
 ficient. 
 
 CVIII. Boards of examiners have the right to limit the 
 time to be occupied by the teachers in answering the ques- 
 tions of each branch. 
 
 CTX. It is the duty of the county superintendent to pre- 
 serve the manuscripts of the teachers who are examined, for 
 at least one year from their date. 
 
 ex. Members of the board of examiners are liable to pun- 
 ishment for granting teachers' certificates unlawfully. 
 
OF West Virginia. 61 
 
 CXI. "It is a ^ross violation of official duty for the presi- 
 dents to remain absent from the meeting for the purpose of 
 avoiding the appointment of examiners. 1 hey are suject to 
 be fined under § 59 School Law. Examiners hold over until 
 a new appointment is made of successors." — Alfred Cald- 
 well, Attornexj- General. 
 
 CXII. In case there is not a quorum of the presidents 
 present at the meeting on the first Wednesday in Julv, the 
 examiner whose successor was to have been elected will re- 
 main in office for another year when his successor must be 
 chosen for one year, that the two year order of succession 
 may not he broken. IS o other date than the first Wednes- 
 day, would be a legal one on which to elect members of the 
 Board of Examiners, except to fill vacancies. 
 
 [Section 28, as amended by Ch. XXVI., A.cts of 1893. Passed 
 February 24, 1893.] 
 
 28. No teacher shall be employed to teach 
 any public school of this State until he shall 
 have presented to the trustees, directors or 
 board having charge of such school, a certifi- 
 cate in duplicate of his qualifications to teach 
 a school of the gradd for which he applies, 
 the duplicate of whicn shall be filed with the 
 secretary of the board of education of the 
 district in which the school is situated and so 
 endorsed on the original by Ihe secretary; 
 and no salary shall be paid to any teacher un- 
 less duplicate be filed as aforesaid. The 
 board of examiners shall examine each can- 
 didate for the profession of teacher, who may 
 apply to them, as to his or her competency to 
 teaeh orthography, reading, penmanship, 
 arithmetic, English grammar, geography, 
 history, single entry book-keeping and civil 
 government, if the application be for a pri- 
 
62 School Laws and Decisions 
 
 mary school, and if the application be for a 
 higher school, they shall examine the appli- 
 cant as to his competency to teach the addi- 
 tional branches required for such school, and 
 if satisfied of the competency of the appli- 
 cant to teach and govern such schools, and 
 that he or she is of good moral character and 
 not addicted to drunkenness they shall give 
 a certificate in duplicate accordingly. The 
 county superintendent shall keep a register 
 of all certificates awarded by the board of ex- 
 aminers, stating the character and grade of 
 certificate and the time when issued. No cer- 
 tificate shall be issued by the board of exami- 
 ners, except upon an actual examination, par- 
 ticipated in by a majoriiy of the board, or be 
 of force except in the county in which it was 
 issued, nor for a longer period than one year, 
 except as provided in section twenty-nine of 
 this chapter, and the board of examiners may, 
 upon proper evidence of the fact^ revoke the 
 ceitificate of any teacher within the county, 
 for any cause which would have justified the 
 withholding thereof, when the same was ■ 
 granted, by giving ten days' notice to the 
 teacher of their intent to do so. The board 
 of examiners shall, at two stated periods in 
 each year, agreed upon by themselves, of 
 which they shall give due notice, hold public 
 examinations, at which all applicants for cer- 
 
OF West Virginia. 63 
 
 tificates shall be required to attend; and 
 should circumstances require it, the county 
 superinteadeot may call extra meetings for 
 the same purpose. County superintendents 
 and members of the board of examiners may 
 be employed to teach without the certificate 
 required of other teachers. But should any 
 member of the board of education or school 
 trustee be employed as teacher, it shall vacate 
 his ofiSce. 
 
 CXIII. No person shall be eraploved to teach a public 
 school \\ ho has not a teacher's certificate regularly issued 
 and still in lorte. Substitute teachers are permissible wheu 
 tbe teacher is mavoidably abse-t, and theu onlv, with the 
 consent of the school trustee*. Substitutes should have oer- 
 tiffcates of same gr».de as those whos"- places they fill. It 
 is not necessary for the trustees to make a conirnct with a 
 substitute. A teacher cannot engage a school, make a con- 
 tract for it, then employ a substitute and himself take an- 
 other school. 
 
 CXIV. If a teacher obtain two certificates th'^ same year, 
 he may contract with the trustees on either, whether of the 
 sam<^ or difierent g'ades. 
 
 CXV. A teacher without a certificate cannot corap-^l the 
 board of education to pay for services rendered at the in- 
 stance of trustees. 
 
 CXVI. When a teacher's certificate expires, his right to 
 teach expires. 
 
 CXVII There is no such thing known to the present school 
 law as "'private exarainatious." All examinations must be 
 public and participated ia by at least t»vo members of the 
 board of examiaers. 
 
 CXVIII. The right of a meiaber of the board of examiners 
 to t ach without; examination is confined to the county in 
 which su :h position is held. 
 
 CXIX. All teachers are required to pass an examination 
 in all the branches required ti be taught in the primary 
 schuo s of the Staffs and these are enim rated in Section 11, 
 as CO' tained in this Digest, as a'nended in 1893. If teachers 
 are to '^e einpl y<'d in a high school, the board of ^xami ers 
 shall examine them as to competency to teach the additional 
 brauhes in these high schjols. By "'higher schools" is 
 
64 School Laws and Decisions 
 
 meant those established under the provisions of Sections 24, 
 25 or 26. 
 
 CXX. The board of examiners are required to hold two sta- 
 ted public examinations and should circumstances require 
 it, extra meetings may be held for the same purpose. 
 
 ' XXI. The board of examiners are authorized to teach 
 without certificates, and are therefore prohibited from issu- 
 ing same to each other. 
 
 CXXII. Section 30 of Chap. 45. of the fiode, provides that 
 all certificates for the school year, must be issued after July 
 1st, and for that reason the certificate in question would ex- 
 pire with the old school year. * * * There is no provision 
 made for the examination of county superintendent while in 
 office as he has ihe right to teach during his term of oflQce 
 without a certificate. — T. S. Riley, Attorney -General. 
 
 CXXIII. The latter part of Section 28,aof Chap. 45 of the 
 Code, provides that there shall be two public examinations 
 at which all applicants for certificates shall be required to 
 attend, and should circumstmces require it, the county su- 
 perintendent may call extra meetings for the purpose. Now 
 if the certificate granted was given at one of the above meet- 
 ings, it wonld be good until the time for which it was given 
 expires. * * * i take it that all certificates, except those 
 granted under Section 29, expire with the school year Sec- 
 tion 30 provides that no examinations shall be held or certifi- 
 cate granted until alter the first day of July of th'* bchool 
 year ia which said certificates are to te used. — T. S. Riley, 
 Attorney- General. 
 
 [Section '39, asamendeiby Chap. XXVI., Acts of 1893. Passed 
 February 24, 1893 J 
 
 29. The following regulations shall be ob- 
 served by boards of examiners with regard to 
 examinations and granting teachers' certifi- 
 cates : 
 
 First. No applicant shall be admitted to ex- 
 amination unless the board shall have reason- 
 able evidence that he or she is of good moral 
 character and temperate habits, and has at- 
 tained the age of sixteen years. 
 
 Second. No college diploma or certificate of 
 
©F West Virginia, 65 
 
 recommendation from the president or faculty 
 of any college or normal school or academy 
 shall be taken to supersede the necessity of 
 examination by the board ©f examiners, nor 
 shall a certificate be granted to any applicant 
 except after a careful examination upon each 
 branch of study and upon the art of teaching. 
 
 Third. Boards of examiners and others here- 
 in authorized to confer certificates shall state 
 the teachers's grade of proficiency in each 
 branch in which he is examined. 
 
 Fourth. They shall grade the certificate 
 granted according to the following scheme, 
 numbering them, according to the merit of the 
 applicant from one to three: The first grade 
 certificate shall be issued to all applicants who 
 shall pass an examination in all the branches 
 required to be taught in the primary free 
 schools of the State, and in addition thereto 
 the theory and art of teaching general history, 
 eivil government, and book-keepiug, and ob- 
 tain a general average of ninety per cent, on 
 a scale of one hundred per cent, and not less 
 than seventy-five on any one branch; which 
 certificates shall be valid for a period of four 
 years and shall be re-issued once without ex- 
 amination at the discretion of said board of 
 examiners, provided the holder has taught 
 two years on said certificate. The second 
 grade certificate shall be issued to all appli- 
 
66 School Laws and Decisions 
 
 cants who shall pass an examination upon 
 all the branches required to be taught in the 
 primary free schools and in addition thereto 
 civil government and the theory and art of 
 teaching and obtain a general average of 
 eighty per cent, and not lower than seventy 
 per cent, on any one branch, which shall be 
 valid for a period of t^o years, and be re- 
 issued only upon examination. The third 
 grade certificate shall be granted to applicants 
 who shall pass a satisfactory examination in 
 the branches required to be taught in the pri- 
 mary free schools, and the theory and art of 
 teaching and obtain a general average of sev- 
 enty per cent and not lower than sixty per 
 cent, in any one branch, and be valid for a 
 period of one year and be re-issued only 
 upon examination and then not to the appli- 
 cant more than twice. All grades of county 
 certificates provided by law shall be granted 
 at the same examination. Failure to attend 
 the teachers' county institute where such at- 
 tendance may be required of teachers holdmg 
 any of these grade certificates unless excused 
 by law or unless said failue may be for reasons 
 deemed sufficient by the county board of ex- 
 aminers shall be cause for revoking said cer- 
 tificale. 
 
 CXXIV. All applioants for certificates are required to pass 
 aa examination in all of the branches required to be taught 
 
OP West Virginia, 67 
 
 in the primary schools, and these are enumerated in Section 
 11 as amended and re-enacted in 1893. 
 
 CXXV There is no authority to examine teachers on a 
 portion of the branches prescribed by law, at one examina- 
 tion and another portion at another time, or re-examine a 
 teacher on a portion of the branches and re-grade his certih- 
 cate granted at a former examination. * * * All appli- 
 cants for whatever grade of certificate must pass an exami- 
 nation in all the branches required to be taught m the pri- 
 mary free schools of the State, as enumerated in Section 11. 
 
 CXXVI. The board of examiners has no authority to pro- 
 hibit a teacher entering any examination, if he or she is of 
 "good moral character and not addicted to drunkenness, 
 and has acernficate of attendance upon some institute ap- 
 pointed by the Stat« Superintendent, whether said teacher 
 has before been exarain^^d once or oftener. The fee is the 
 same for ea.ch examination. A person who has reformed 
 his habits of becoming intoxica]bed and promises by word 
 and act to deserve respectability thereafter, should be admit- 
 ted to examination. If he does not make good his profes- 
 sions his certificate shor.ld be promptly revoked. Examina- 
 tion questions should be agreed upon by a majority of the 
 members of the board of examiners and propounded by the 
 board, and the answers in each branch examined and graded 
 
 by the board. , . .^-^ i. ...i- ^ 
 
 CXXVI [. The law does not contemplate that the work 
 shall he parceled out among the members of the board so 
 that each prepares questions, and grades the answers with- 
 out consultation with the other members. 
 
 State Board of Examiners and State Certifi-- 
 cates. 
 
 Chapter LXVI. , Acts 1887. 
 
 29a. 1. There shall beaState board of exam- 
 iners which shall consist of four competent per- 
 sons, one from each congressional district, t@ 
 be appointed by the State Superintendent of 
 Free iSchools ; the term of office of such ex- 
 aminers shall be four years and vacancies in 
 said board shall be filled by the State Superin- 
 
68 School Laws and Decisions 
 
 tendent of Free Schools. Such board shall 
 meet at two different places, at least, in each 
 congressional district in each year, for thi 
 purpose of making the examinations and 
 granting the certificates provided for in this 
 act, and any three of said members shall con- 
 stitute a quorum. 
 
 II. The board thus constituted may issue 
 two grades of certificates to such as are found 
 to possess the requisite scholarship, and who 
 exhibit satis^ctory evidence of good moral 
 character and of professional experience and 
 ability, as follows: First class certificates for 
 twelve years: Second class, for six years: 
 Any person holding a certificate of the first 
 class, who shall have taught for eight years of 
 said twelve years, shall be entitled, without 
 examination, to have the same renewed at 
 the expiration of the said twelve years. 
 
 The second class to be issued to applicants 
 of satisfactory attainments in the branches re- 
 quired for county certificates, and in addition, 
 not fewer than four other branches to be de- 
 termined upon by the board. 
 
 The second class certificates shall be issued 
 upon application, without examination, to 
 the graduates of the State normal schools and 
 its branches, and of the State University, 
 when such graduates shall have presented to 
 the board satisfactory evidence that they have 
 
OF West Virginia. 69 
 
 taught successfully three years in the State 
 under a number one county certificate, two of 
 which said three years shall immediately pre- 
 cede the application for such certificate. 
 
 Teachers who shall present to the board 
 satisfactory evidence that they have taught 
 successfully four years, under a second-class 
 certificate, shall be entitled to receive, with- 
 out examination, a first class certificate at the 
 expiration of the second class. 
 
 The board shall keep a record of the pro- 
 ceedings, showing the number, date and dura- 
 tion of each certificate, to whom granted, and 
 for what branches of study, and shall report 
 such statistics to the State Superintendent an- 
 nually on or before the thirtieth day of Sep- 
 tember. 
 
 III. All certificates issued by such board 
 should be countersigned by the State Superin- 
 tendent of free schools ; aud such certificates 
 shall supersede the necessity of any and all 
 other examinations of the persons holding 
 them, by any board of examiners, and shall be 
 equivalent to a number one certificate granted 
 by a county board of examiners, and shall be 
 valid in any school district in the State, un- 
 less revoked by the State board for a good 
 cause. 
 
 IV. Each applicant fora certificate shall pay 
 the board of examiners a fee of five dollars. 
 
70 School Laws and Decisions 
 
 V. The board of examiners shall each re- 
 ceive a compensation of five dollars per day 
 for each day actually and necessarily spent in 
 conducting the examinations, and for one day 
 of each exammation to be spent in consulta- 
 tion and preparing for their duties, and six 
 cents per mile for each mile necessarily trav- 
 eled in going to and returning from the place 
 of examination. This compensation shall be 
 paid out of the fees received from the teachers 
 examined, and shall in no case exceed the 
 amount so received. Said board shall, at the 
 end of each school year, make and return to 
 the State Superintendent of Free Schools, a 
 detailed and certified account of the names of 
 all the applicants for examination, the amount 
 of the fees received, the amount paid out to 
 the members ®f the board, and the balance, if 
 any, shall be paid over to the treasurer of the 
 State, to be placed to the credit of the dis- 
 tributable school fund. 
 
 CXXVIII. "The above act (Ch. 66, Acts 1887) was not "in- 
 tended to revive any State certificate issued under any law 
 repealed prior to the passage of that act." 
 
 '•The law passed in 1887 was prospective only in its oper- 
 ation, and was not intended to aflfect the past. Any one de- 
 siring a Str.te certificate to teach school must obtain it under 
 the provisions of Chapter 66. Old State certificates have no 
 force under the new law, passed in 1887." "They are of no 
 force or efFect. "—J./!/rec^ Caklivell, Attorney-General. 
 
 CXXIX. Graduates of the State Normal School and of the 
 State University, in order to secure the second class certifi- 
 cate, must present to the State board of examiners satisfac- 
 tory evidence that they have taught successfully thr«e 
 years under a Number 1 county certificate; two of which 
 said vears must immediately precede the application for the 
 certificate. 
 
OP West Virginia. 71 
 
 [Section 30 as amended, Ac, , by chapter XLV., Acts 1891.] 
 
 30 Every teacher shall keep a daily regis- 
 ter, and make monthly reports to the secre- 
 tary of the board of education of his district. 
 He shall also keep a term register, in which 
 shall be entered the date of the commence- 
 ment and termination of every term of the 
 school; the name and age of every scholar 
 ■who attended the school during said term ; the 
 daily attendance, distinguishing between 
 males and females ; the branches taught, and 
 the number of scholars eno;aged in each month 
 in the study of eaoh bracch, and such other 
 particulars as are necessary to enable the sec- 
 retaries of the boards of education, or direc- 
 tors, to make the reports required of them. 
 The State Superintendent of free schools shall 
 prescribe such form and regulations, respect- 
 ing the register to be kept and reports to be 
 made by the teachers, as shall seem to him 
 necessary. 
 
 At the close of each term the register there- 
 of shall be returned by the teacher to the office 
 of the secretary of the board of education for 
 the district, who shall file the same and unless 
 such register be properly kept and returned, 
 the teacher shall not be entitled to demand 
 payment of the balance due on his salary. 
 Teachers shall be paid monthly, and by orders 
 on the sheriff or collector, signed by the sec- 
 
72 School Laws and Decisions 
 
 retary and president of the board, which said 
 orders when signed as aforesaid and delivered 
 to the teacher shall be deemed at once due 
 and payable. Where any teacher has taugbt 
 according to his contract, for one month, the 
 trustees for the sub district in which he has 
 so taught, shall certify the fact to the secre- 
 tary of the district board, whereupon he shall 
 receive from said secretary an order upon the 
 sheriff or collector of the county, signed by 
 the secretary and president of the board of ed- 
 ucation for one month's salary ; but in no case 
 shall such order be given, unless the monthly 
 report containing the facts required in the 
 preceding part of this section, to be shown in 
 the term register, be first duly made out and 
 returned to the secretary. The school month 
 shall consist of twenty days, excluding Satur- 
 days, all of which shall be devoted to teach- 
 ing the school contracted for. As a means of 
 improving the teachers, and fitting them for 
 more effective service in the free schools of 
 the State, teacher's institutes shall be held 
 annually throughout the State, one or more in 
 each county; they shall be held at such times 
 and places as the State Superintendent shall, 
 with the advice of the county superintendent, 
 direct, and shall continue each for one week 
 of five days; they shall be conducted by ex- 
 perienced and skillful institute instructors, 
 
OF West Virginia. 73 
 
 who shall be appointed by the State Superin- 
 tendent, but it shall be a part of the duty of 
 the county superintendent, under the in- 
 structions of the State Superintendent, to 
 make all proper arrangements for the institutes, 
 and to assist in conducting them. 
 
 The instructors whom the State Superin- 
 tendent shall employ, as herein provided, 
 shall each receive for his services not more 
 than twenty-five dollars for each institute he 
 may instruct, to be paid out of the general 
 school fund, on a proper order of the State 
 Superintendent, but the aggregate amount of 
 such compensation for the whole State shall 
 not exceed five hundred dollars. At the 
 close of the institutes, as herein provided, 
 and during the week following, the county 
 board of examiners shall hold one of the two 
 examinations prescribed in section twenty- 
 eight. 
 
 Provided^ That no examination shall be 
 helil or certificates granted until after the 
 first day of the school year in which said 
 certificates are to be used. It shall be the 
 duty of the State Superintendent to prescribe 
 a graded course of institute work covering a 
 period of two years, and the methods of con- 
 ducting the same, together with such other 
 details connected therewith as he shall deem 
 conducive to their usefulness and efficiency. 
 
74 School Laws and Decisions 
 
 It shall also be the duty of the State Superin- 
 tendent to prescribe a graded course of pro- 
 fessional study covering a period of two 
 years, which shall embrace history of educa- 
 tion, school management, methods of teach- 
 ing and educational psychology. Any teacher 
 who has completed the graded course of in- 
 stitute work and the graded course of profes- 
 sional study, and passed a satisfactory exami- 
 nation thereon, and also obtained a number 
 one teacher's certificate, shall be exempt from 
 further compulsory institute attendance. 
 
 Any teacher not exempt from institute at- 
 tendance who shall fail or refuse to attend at 
 least one institute annually, held urder the 
 provisions of this section, unless such teacher 
 shall have an excuse therefor, sufficient in 
 the judgment of the board of examiners to 
 which such teacher may apply for examina- 
 tion, shall not be entitled to examination or 
 be employed to teach any free school daring 
 the year within which such failure or refusal 
 may have occurred, 
 
 ex XX. The Secretary of the Board should carefully ex- 
 amine the Monthly Summary which the teacher files at the 
 end of each month, for it should contain a summary of 
 what the teacher is recording in his Term Register, which is 
 to become the chief basis of the Secretary's report to the 
 County Superintendent. In no iDstance should the Secre- 
 tary issue the teacher's order for his last month's salary until 
 the Term Kegister is found to contain all data required by 
 tne above section, 'to be recorded in it. 
 
 CXXXI. "The applicant for examination for a teacher's 
 certificate must have attended one institute during the year 
 
OF West Virginia. 75 
 
 or have an excuse for not so attending sufficient in the 
 judgment of the board of examiners to entitle such appli- 
 cant to be examinf'd. Such attendance within the j^ear, or 
 such excuse is a condition precedent to th^ right to be exam- 
 ined."— J.(/"r€rf Caldwell, Attorney General 
 
 CXXXII. Wiien only a lew days of a school term run into 
 a new year the school may be reported in the old year, but if 
 a month or more of the school runs into the new year, then 
 it should all be reported in that year. 
 
 CXXXIII. The per cent, of attendance and absence should 
 make 100 without the per cent, or iion-membership. 
 
 CXXXIV. In making reports to the secretary, teachers 
 should not count children of the sub-district not enrolled in 
 the school— when a child is once enrolled he should be ac- 
 counted for during the whole term, both before and after he 
 is enrolled. 
 
 CXXXV. It is the duty of the presidents and secretaries 
 of the boards of education to issue orders for money directed 
 to be paid by che board. 
 
 CXXXVI. If a teacher contracts to teach a school to be- 
 gin on a certain day, he is entitled to pay for everv school 
 day he attends from that time oa until the close of the term, 
 whether the pupils attend or not, unless he is dismissed or 
 suspended for good cause. 
 
 LXXXVII. Ihe secretary of an institute has no authority 
 to give a teacher a certificate of attendance although his roll 
 is the evidence mainly relied on in making out the certificate. 
 The certificate of attendance must be signed by the Instruc- 
 tor and County Supf-rintendent. 
 
 CXXXVIII. The following excuses are deemed of sufficient 
 importance in all departments of life and may be regarded 
 good for non-attendance at the institute: Sickness, death of 
 a near relative, and attenlacce at any court under summons. 
 Frivolous and petty excuses should not be rccepted. 
 
 CXXXIX. The State Superintendent has no authority to 
 decide as to the validity of an excuse for non-attendance at 
 an institute. This power rests wholly with the board of ex- 
 aminers. 
 
 CXL. "The trustees, if they employ a teacher who has not 
 complied with the law requiring teachers to attend institutes. 
 Tiolate their oath of ofhcn, and ought themselves to be re- 
 moved, if it is done wilfully."— ^Z/rec? Caldwell, Attorney- 
 
 CXLiI'. "The law has rot given the State Superintendent 
 authority to substitute 'Teachers' Summer Normal School 
 attendance for attendance at county institutes, nor to make 
 two days at the State Teachers' Association equivalent to 
 two days' attendance at the county institute, nor to substi- 
 tute anything not in form and efCect a teacher's institute for 
 the county institute required by l&w."— Alfred Caldwell, 
 Attorney- General. 
 
76 School Laws and Decisions 
 
 CXLII. In counties where there is a, large number of ap- 
 plicants, it is best to divide the number into two equal parts, 
 as the names stand upon the institute register. By this 
 means those first enrolled in the institute would be first ex- 
 amined 
 
 CXblll. The holding of an examination or the issuing of 
 a certificate in any year prior to the first dav of July is pro- 
 hibited by law. The school year begins with that date, and 
 all certificates should be issved with reference to it. If a 
 certificate— good for one year, be issued in the autumn or 
 later it terminates with the first day of the ensuing July and 
 60 with a two or four year's certificate issued at the same 
 time would end with the first day of July two or four years 
 hence. 
 
 CXLIV. A teacher failing to attend an institute, and not 
 having a valid excuse is not only barred from an examina- 
 tion, but can not be employed to teach in any school of the 
 State. A board of education or trustees employing one such 
 would thereby become responsible for his salary. 
 
 Scliool 7iot to he Keid on Certain Days. 
 
 31. In contracts with teachers, it shall be 
 understood that school is not to be kept in 
 operation for ordinary instruction on the first 
 day of January, fourth day of July, or the 
 twenty-fifth day of December, nor any Na- 
 tional or State festival or Thanksgiving day; 
 but the month or time mentioned in such con- 
 tract shall nevertheless be computed as if the 
 said days were included. 
 
 CXLV. Items 23, 24 and 25 as numbered in the "Teacher's 
 Monthly Summary," have reference to this Section. The 
 sura of Nos 23 and 24 must equal the sum of No. 25. 
 
 CXLVI. Schools should not be taught on Satnr-Tay. 
 
 CXLVII. The school month is composed of twenty days. 
 No time is a'lowed for attendani-e upon the institut •. 
 
 CJXLVIII. Thee5th of December and the 1st of January 
 falling on Saturday or Sunday ace not counted as holidays 
 in making up the teacher's report. 
 
 CXLIX. Tlie 22d of February is not a legal holiday. 
 
 CL. Section 88 of chapter III., of ihe Code of West Vir- 
 
OP West Virginia. 77 
 
 ginia, provides that "all election days t^hall be legal holidays 
 throughout the district or muuicipality iu Avhich the elec- 
 tion is held." 
 
 General Duties of Teachers and School Officers. 
 
 82. All teachers, boards of education, and 
 other school officers are hereby charged with 
 the duty of providing that moral training for 
 the youth of this State which will contribute 
 to securing good behavior and manners, and 
 furnish the State with exemplary citizens. It 
 shall aho be the duty of every school trustee 
 to see that the school house is kept clean and 
 in good order, and that fires, when necessary, 
 are made and kept therein, but no expense 
 shall be incurred therefor, to exceed fifty cents 
 per week, and the amount thus expended shall 
 be certified by the trustees to the board of ed- 
 ucation, and shall if correct, be paid out of 
 the building fund of the district. 
 
 CLI. I am of opinion, that under the foregoing provision, 
 trustees have the power to iucur the expenses therein pro- 
 vided for, and that where it is n c^ssary, in order to comply 
 with the requirements of said provision, they not, only have 
 the power, but it is their imperative duty to incur the ex- 
 pense necessary to that end — not exceeding filty cents per 
 Week. I am further oi opinion that, upon a p-oper certifi- 
 cate of the expenditure of such amount being furnished the 
 board of educ ition of the distriot in which such expenditure 
 is mrtde, it will be the duty of said board to provide for the 
 payment of the same out of the building fund of the district, 
 pr )Vided, of course, the account is correct. 
 
 Th-^ board of educ.-itioii can make no ord^^r by which this 
 power or duty can be taken from the trustees. The law on 
 thi> s 'bjfrt is explicit, and contemplates a specific compli- 
 ance therewith 
 
78 School Laws and Decisions 
 
 ' There is no conflict between the above quoted provisions 
 and others of chapter 45. The board of education have the 
 *'power of revisa] and correction" as to this provision, to the 
 extent of seeing that the amount expended is correct, but not 
 to the extent of nuUifjang a plain provision of law. — C. C. 
 Watts, Attorney- General. 
 
 CLII. Persons building fires should have a definite con- 
 tract with the trustees. ******* 
 
 "The legislature intended by enacting § 33 to compel the 
 trustees to have school houses kept clean, fires made and 
 kept, <fec., b}^ expenditures out of the building fund. =•' * 
 The trustees have no right to alter the form of appointment 
 prescribed by the State Superintendent so as to make it a duty 
 of the teacher to do this work for the salary he is t<> get out 
 of the 'teacher's fund.' * * I fullv concur wi'h the opin- 
 ion given by my D'-edecessor CGeneral Watts) upon the sec- 
 tion nsLiaed."— Alfred Caldwell, Attorney- General. 
 
 School House Furiniture^ Etc. — Exemption 
 from Levy — Enforcement of Claims. 
 
 33. The president of the board of education 
 of every district shall, at least once a year, ex- 
 amine the school hcuses and school house sites 
 in the district, and report the condition of the 
 same to the board; and such as are, in their 
 judgment, properly located and are sufficient, 
 or can with reasonable expense be rendered so, 
 shall be retained for the use of public schools, 
 and the remainder, with the consent of the 
 county suprrintendent, shall be sold at public 
 auction or otherwise, by the board of educa- 
 tion, and on such terms of sale as the board 
 may order and the proceeds added co the 
 building fund : Provided, That the grantor 
 or his heirs of any such school house site 
 shall, if he or they so desire, have the same 
 
OF West Virginia. 79 
 
 reconveyed to him or them, without the build- 
 ngs thereon, (if any), upon paying to the 
 board of education the amount received by 
 such grantor for such site ; or in case no com- 
 pensation was paid therefor, the same shall be 
 so reconveyed free of charge. In case of such 
 reconveyance, the building on such site (if any) 
 shall be sold, as hereinafter provided, with 
 privilege to the purchaser to remove it from off 
 such site in a reasonable time. This proviso 
 shall not be construed to apply to any school 
 house lot within any village, town or city. 
 
 CLIII. Section 33 provides tliat where the hoard of educa- 
 tion would dispose of a seho'il house lot in a country district, 
 the grantor, his heirs if desired, may have ihe said lot recon- 
 veyed to him or them upon the payment to the board of 
 he amount received by said grantor from the board at 
 the time it purchased it. 
 
 B4. The board of education of every dis- 
 trict shall provide by purchase, condemnation, 
 leasing, building or otherwise, suitable school 
 houses and grounds in their districts, in such 
 locations as will best accommodate the inhabi- 
 tants thereof, and improve such grounds and 
 provide such furniture, fixtures and appli- 
 ances for the said school houses, as the com- 
 fort, health, cleanliness and convenience of 
 the scholars may require, and keep such 
 grounds, school houses, furniture, fixtures and 
 appliances in good order and repair : Provided, 
 That in case such boards of education shall 
 
80 School Laws and Decisions 
 
 be unable to agree upon a proper location 
 for a school house in any sub-district, such 
 location shall be decided by the county su- 
 perintendent. 
 
 Boards of education in adjoining districts 
 or counties may jointly provide for the erec- 
 tion of school houses for the accommodation 
 of adjoining portions of districts or counties^ 
 for high schools, union schools or sub -district 
 schools, which from local causes, can not be 
 conveniently attached to sub-districts in the 
 districts or counties to \»hich they belong. 
 The title to such houses shall be vested in the 
 board of education having supervision of the 
 sub-district containing the greatest number of 
 children, and terms indicating a trust for the 
 purpose aforesaid shall be introduced into an 
 agreement made between the boards of educa- 
 tion interested. Such school houses shall be 
 provided with furniture, fixtures and such 
 other appliances as are supplied to 
 school houses generally. An equitable 
 amount shall be assessed on each district in- 
 terested, by the respective boards of educa- 
 tiun, for the purpose aforesaid. Boards of 
 education shall in every case require bond of 
 all contractors, with approved security, in 
 double the amount of the contract, for build- 
 ing or repairing school houses. No county 
 superintendent, board of education, or any 
 
OF West Virginia. 81 
 
 mein1:^er thereof, or trustee of any sub- dis- 
 trict, shall, directJy or indirectly, become per- 
 sonally interested in any contract for build- 
 ing or repairing school houses in his or their 
 district; and any county superintendent, mem- 
 ber of such board, or any trustee, violating 
 this section, shall be guilty of a misdemeanor 
 and fined not less than one hundred dollars. 
 
 CLIV. "The length of a school terra in uninn schools 
 must be determined by the term fixed by the district in 
 which the school is located, for its schools. The trustees of 
 the sub-district of the location of the school would control 
 the school house, Ac. All the boards of education of the 
 district out of which the pupils are sent have to do, is to pay 
 a just part <^f the expense of the union school." — Alfred 
 Caldivell, Attorney-General 
 
 CLV. In case the land owner, on whose land a school 
 house is built by a board of education before a deed is 
 delivered therefor, refuses to make the deed, proceedings in 
 a court of equity mav be instituted by the board to compel 
 the specific performance of the contract. 
 
 CLVI. A board would not be justified in paying a con- 
 tractor more than his contrast because he did a "good job." 
 Such a course opens the door to all kinds of irregularities. 
 To do this would be a gross violation of section 38 of Article 
 VI. of the ConstitutioH. 
 
 CLVII. In case a board of education let a contract to a 
 trustee, the trustee violates the laAv. 
 
 CLVIII. Chapter 65, Acts 1879, makes it a misdemeanor 
 for any county or district school officer to become directly or 
 indirectly pecuniarily interested in coniracts, lettings and 
 furnishings in cases where he has a voice or control. See 
 Acts 1879, chapter 65, wherein it is provided that: ' Ii shall 
 be unlawful lor any member of a county court, overseer of 
 the poor, district school officer, or any member of any other 
 district board, ox for any county or district officer lo be or be- 
 come, directly or indirectly, pecuniarily interested in the 
 proceeds of anj"^ contract or service, or in furnishing any 
 supplies in the contrict for, or the award or lettini^ of which, 
 as such member oroffiof^r, he may have any voice or control." 
 See also section 13 of this chapter. 
 Note — S-^e opinion of Attorney-General, under section 38. 
 CLIX When the hoard fail to agree upon the location of a 
 school house, and the County Superintendent is called to de- 
 
82 School Laws and Decisions 
 
 cide the matter, his decision is final, and from it no appeal 
 can be taken. 
 
 CLX. A county superintendent ha? no authority to select 
 a site for a school house. He can onlj^ act when the board of 
 education fail to agree as to a location. 
 
 85. No scbool house shall be erected unless 
 the plan thereof shall have been submitted to 
 the county superintendent, and approved by 
 him,and it is hereby made his duty to acquaint 
 himself with the principles of school house 
 architecture, and, in all his plans for such 
 structures, to have regard to economy, con- 
 venience, health and durability of structure. 
 
 CLXI. The approval of the plans of school houses is, per- 
 haps, the most important duty which the county superin- 
 tendent has to perlorin. He is thus made the architect of 
 school house cunstructidn in his county, and if the same are 
 illy constructed, poorly ventilated, poorly lighted, and im- 
 properly heated, thus producing physical injury to the 
 pupils, he is morally responsible. 
 
 36. When land has been designated by the 
 board of education of any district as a suita- 
 ble location for a school house and the neces- 
 sary buildings, or for enlarging a school 
 house lot, if the owner or owners refuse to 
 sell the same, or demand a price therefor 
 which is deemed by the board unreasonable, 
 or the owner is a feme covert, a minor, non 
 compos mentis^ or non resident, after ten days' 
 notice, served upon such owner or owners, or 
 the owner or owners being non residents 
 thereof, by publication for four weeks in some 
 
OF West Virginia. 83 
 
 newspaper published ia the county, or if there 
 be no newspaper published in the county, by 
 posting the same for four weeks at the front 
 door of the court house, and five other public 
 places in the county, at least two of which 
 shall be in the district and one in the sub- 
 district in which such property is located, the 
 board may petition the circuit court of such 
 county to have such lots of ground condemned 
 for the upe of public schools, and such pr©- 
 ceedings shall thereupon be had in the name 
 of such board for the condemnation thereof, 
 as provided for in chapter forty-two of this 
 Code: Provided, That the land so taken shall 
 not exceed in quantity one acre. 
 
 CLXII. "When coridpmnation proceedings become necessa- 
 ry, the b( ard of education should consuJt and advise with the 
 prosecuting attorney who will instruct it how to proceed ac- 
 cording to the provisions of chapter XLIl. of the Code of 
 West Virginia. 
 
 87. All school houses, school house sites 
 and other property beiocgiDg to any board of 
 education and used for school purposes, shall 
 be exempt from execution or other process, 
 and from lien on, or distress for taxes or 
 county levies ; but when any order of the 
 board, upon the sheriff of the county, or 
 judgment or decree for a sum of mocey 
 agaiust the said board has been presented to 
 such sheriff without obtaining payment, pay- 
 
84 School Laws and Decisions 
 
 ment thereof may be enforced by the circuit 
 court by mandamus or an order for a specific 
 levy on the property taxable in the district. 
 
 Building Fund — Annual Levy for the Same. 
 
 38. To provide school houses and grounds, 
 furniture, fixtures and appliances, and keep 
 the same in good order and repair, to supply 
 said schools with fuel and all other things 
 necessary for their comfort and c®nvenience, 
 and to pay any existing indebtedness against 
 the building fund and all other expenses in- 
 curred in the district in connection with the 
 schools, not chargeable to the "teachers' 
 fund," the board of education shall, annually, 
 on the first Monday in July, or as soon as 
 practicable thereafter, levy a tax on the prop- 
 erty taxable in each district, not to exceed, in 
 any one year, the rate of forty cents on every 
 hundred dollars valuation thereof, according 
 to the latest assessment on the same for State 
 and county taxation. 
 
 CLXIII. The levy for the Building Fund is limited to forty 
 cents on the $100, except in the oase of high schools organ- 
 ized under the provisions of section 24 of this chapter 
 wherein it is provided that for the equipment and supp.rtof 
 the«e high schools 30 cents additional may be levied, thus 
 making the rates of levy 70 cents on the $100. 
 
 CLXIV. It is the duty of boards of education to levy for a 
 sufficient amount for both teachers' and building funds, to 
 do all that is necessary to have all the schools in their re- 
 spective districts taught four months in the year unless such 
 amount would require a levy of more than the maximum 
 
OF West Virginia. 85 
 
 ratft fixed by law. See sectiou40 and decisions thereunder. 
 CLXV. Power of boards to purchase outline maps and dic- 
 tionaries — •'S'-ctiou 14 seems to imply that there may be ap- 
 paratus and library connected with a public school. Section. 
 16 limits i.ow«^r of trustees but not the board of education as 
 to expenditures for certain articles. I am incfined to a lib- 
 eral construction of the law in respect to what is a proper 
 expenditure of the building fund. I believe outline maps, 
 dictionaries for reference and any oiher necessary apparatus 
 for the instruction of the scholars in the branches to be 
 taught in the school, reasonable in amount, can be purchased 
 out of the building fund at the discretion of the board of 
 education by virtue of the authority conierred by the 34th 
 section upon such board to provide such furniture, fixtures 
 and appliances for the school houses as the convenience of 
 the scholars may require." — Alfred Caldwell, Attorney- Gen- 
 eral. 
 
 39. The proceeds of taxes so levied, of 
 school houses and sites sold, of all donations, 
 devises and bequests applicable to any of the 
 purposes mentioned in the preceding section, 
 shall constitute a special fund to be called the 
 "building fund," to be appr©priated exclu- 
 sively to the purposes named in the preceding 
 section. 
 
 CLXVI. A balance due the building fund should not be 
 taken by the board to pay debts against the teachers' fund, 
 nor should money be taken from the teachers' fund to pay 
 claims against the building fund. 
 
 LLXVII. Insurance puid for the destruction of a school 
 house by fire is paid to the credit of the building fund of the 
 board of education generally, and may be used to erect an- 
 other building m th« same or a different place, or fqr other 
 purposes, as the board ma.v direct. 
 
 CLXVIII. To supersede or correct a school levy by the cir- 
 cuit court. For process, see Acts of 1875, chapter 72, and 
 Wells et al vs. Board of Education, 20 W. Va. 157. 
 
86 School Laws and Decisions 
 
 Annual Levy for Support of Primary Schools. 
 
 [Section 40 as amended by Chapter XXVI of Acts of 1893, 
 Passed February 24, 1893.] 
 
 40. For the support of the primary free 
 schools of their district and in each independ- 
 ent school district, and to pay any existing in- 
 debtedness against the "teachers' fund," the 
 board of education thereof shall annually, on 
 the first Monday in July or as soon thereafter 
 as practicable levy by the authority of the 
 people, as prescribed in section two of this 
 chapter, such a tax on the property taxable 
 in the district as will, with the money re- 
 ceived fiom the State for the support of tree 
 schools, be sufficient to keep such schools in 
 operation at least four months in the year and 
 
 for the number of months additional 
 
 as determined by the voters under the provis- 
 ions in section two of this chapter ; Provided^ 
 the said tax in any year shall not exceed the 
 rate of fifty cents on every one hundred dol- 
 lars valuation, according to the latest available 
 assessment made for State and county taxa- 
 tion. The proceeds of this levy, together 
 with the money received from the State as 
 aforesaid, shall constitute a special fund to be 
 called the "teachers' fund," and no part there- 
 of shall be used for any other purpose than 
 the payment of teachers' salaries ; first for the 
 
OF West Virginia. 87 
 
 current year, and any part of said fund not so 
 expended, shall be appropriated to the pay. 
 ment of any existing indebtedness created for 
 said purpose. Upon the failure of any board 
 of education to lay such levy as is hereby re- 
 quired, or any other levy provided for in this 
 chapter they shall be compelled to do so by 
 the circuit court of the county by writ of man- 
 damns, unless good cause be shown to the 
 contrary. But in case the levy provided for 
 in this and the thirty-eighth section of this 
 chapter shall not be sufficient to pay any ex- 
 isting indebtedness of the district, in addition 
 to the other purposes for which it is levied, 
 the board may increase such levy to the 
 amount actually necessary, or lay a special 
 levy for the purpose. And in no case shall 
 the appropriation of any money to the pay- 
 ment of any existing indebtedness, directly or 
 indirectly, interfere with the payment of 
 teachers' salaries for the term of four months, 
 for which the schools are required by law to 
 be kept open in each year. 
 
 CLXTX. Section 51 of ChaptP.rXXXIL, of the Code, pro- 
 vides that; "On real and personal property, not exempt 
 from taxation," there shall be collected ten cents on every 
 one hundred dollars' valuation thereof, for the support of 
 free schools. See sections 60 and 61 of this Chapter. 
 
 CLXX. Under the provisions of this Section, the free 
 schools must be kept in operation at least four months in the 
 year, and as many more as may be determined by the voters 
 of the district. To do this a levy of fifty cents, if necessary, 
 on every hundred dollars valuation of real and personal prop- 
 erty must be laid which, with -the money received from the 
 
88 School Laws and Decisions 
 
 state, constitutes the "teachers fund." If this is not suflB- 
 cient to meet demands for which it was collected, the board 
 of education may increase the same by special levy. 
 
 CLXXI. A boaid of education has no authority to close 
 the schools of a district before the term of four months, re- 
 quired by law, and contracted to be taught by the teachers, 
 has been fiaished, on account of lack of funds. 
 
 CLXXII. A board of education may becorape]led[by a writ 
 of mandamus to levy at a sutficient rate to run the schools of 
 a district four months, if the people have directed by vote 
 that the levy be made and the rate of levy does not exceed 
 the limit prescribed by law, which may under the provisions 
 of Section 40, by special levy exceed fifty cents on the $100. 
 
 CLXXIII. A board of education violates a plain provision 
 of law when it pays "existing indebtedness" out of the levy 
 for the current year and thereby shorteus the term of the 
 schools of the district below four months. A sum necessary 
 to run the schools four months must be provided, and if any- 
 thing is left it may be applied to existing indebtedness. 
 
 [NOTE. — Section 41, of Chapter 45, was repealed by Act 
 of February 24, 1893, to avoid conflict with Section 2 of this 
 Chapter.] 
 
 f^ 42. No district or independent school dis- 
 trict shall hereafter receive any share of the 
 distributable State fund for free schools, in 
 any year in which the levy required by the 
 fortieth section has not been made in such 
 district or independent school district; and 
 any money heretofore or hereafter distributed, 
 and undrawn and remaining credited on the 
 •books of the auditor to any such district or 
 independent school district on the thirtieth 
 day of June in each year, shall, on that day, 
 be transferred on the books of the auditor to, 
 and form a part of, the general school fund to 
 be distributed. 
 
 CLXXI V. Boards of education must make their .district 
 
OF West Virginia. 89 
 
 levies, or they cannot receive their proportion of the distrib- 
 utable State fund. 
 
 CLXXV It is the duty of the County Superintendent of 
 any county in which a district or districts have voted down 
 the levy, to inform the Auditor of the same, giving name or 
 names of said district or districts, that he may properly 
 transfer that part of the State fund due such district or dis- 
 tricts for that year lo the general school fund. See section 
 61, last clause. 
 
 43. The assessor of every assessment dis- 
 trict shall make out and deliver to the secre- 
 tary of the board of education of each dis- 
 trict in his district, on or before the first day 
 of July in each year, a certificate showing the 
 aggregate value of all personal property; and 
 the clerk of the county court shall certify to 
 the said secretary the aggregate value of all 
 real estate in such district or independent 
 school district, which certificates shall serve 
 as a basis for any levy that may be made for 
 school purposes for that year. 
 
 CLXXVI. There is no law providing for the payment'of as- 
 sessors by the several boards of education for extending the 
 school levies. This work Is a part of iheir duties as county 
 officers, and they are paid out of the county treasury by the 
 county court. Any failure to deliver s.aid certificate of val- 
 uation to the secretary of the board should be reported 
 promptly to the prosecuting aitorney of the county that he 
 may deal with the matter according to law. 
 
 Board of Education to Report Rate of Taxa- 
 tion to Assessor^ and Assessor to Extend 
 Same in his Books — Penalty for 
 Failure^ &c. 
 
 44. Immediately upon the receipts of the 
 
90 School Laws and Decisions 
 
 certificates mentioned in the preceding section, 
 and of the notice from the county superintend- 
 ent, as hereinafter provided, showing the 
 amount of the general school fund to which 
 such district, or independent school district, 
 is entitled, it shall be the duty of the board 
 of education of such district, to determine the 
 rates of taxation necessary, for the pay of 
 teachers and for the building fund in their 
 district for the school year, and for the pay- 
 ment of any such existing indebtedness, as 
 aforesaid, and report the same, by their sec- 
 retary, to the clerk of the county court, to 
 the county superintendent, and also to the 
 assessor; and thereupon, it shall be the duty 
 of the said assessor to extend on his books 
 of assessment for State and county purposes, 
 the amount of taxes levied as aforesaid, in 
 two separate columns, the one headed "teach- 
 ers' fund," and the other "building fund," 
 from which extension the sheriff shall pro- 
 ceed to collect the same, and shall account 
 therefor as required by law. Any assessor 
 who shall fail to make out and deliver the 
 certificate mentioned in the i; forty-third sec- 
 tion, and any secretary of a board of educa- 
 tion who shall fail to make out and deliver 
 the certificate named in this section, shall 
 be fined twenty dollars for the benefit of the 
 building fund of the district. And any as- 
 
OF West Virginia. 91 
 
 sessor who shall charge on the assessor's 
 books, as provided in the preceding section, 
 a greater amount of taxes than is due from the 
 person charged therewith shall, in such case, if 
 the overcharge be inadvertently made, be fined 
 double the amount, and if wilfully made, ten 
 times the amount of the overcharge, one half 
 thereof to be applied to the benefit of the 
 building fund, and the residue to the informer. 
 The fines provided for in this section may 
 be recovered, on motion of any citizen of 
 the district, or sub-district, in which such 
 overcharge or delinquency of the assessor 
 or secretary shall occur, or in which the 
 property overcharged may be, on ten days' 
 notice before any justice of such district, . 
 OF by indictment in the circuit court. 
 
 CLXXVIl. The rate of taxation and levy cannot be de- 
 termined and laid before the first Monday in July of each 
 year. See form of proceedings at this meeting, in Appendix. 
 
 Expenses hy Board Limited — Personal Lia- 
 hility. 
 
 [Section 45, as amended by Chapter XXVI of Acts of 1893 
 Passed Februay 24, 1893 ] 
 
 45. It shall not be lawful for the board of 
 education of any district, or iniependent 
 school district, to contract for, or expend in 
 any year, more than the aggregate amount of 
 
92 School Laws and Decisions 
 
 its quota of the general school fund, and the 
 amount collected from the district or inde- 
 pendent school district levies for that year, 
 together with any balance remaining in the 
 hands of the sheriff, or collector, at the end 
 of the preceding year, and such arrearages of 
 taxes as may be due such district or inde- 
 pendent school district. Nor shall such board 
 hereafter incur any debt to be paid out of the 
 school money of any subsequent year. If the 
 trustees of any district, or any board of edu- 
 cation shall make any agreement for the em- 
 ployment of a teacher in violation of this sec- 
 tion, or for any other object concerning free 
 schools under their charge, so as to occasion 
 thereby the aggregate of the just claims 
 against the board of education of the district, 
 or independent school district, in any year, 
 to exceed its aggregate receipts, as aforesaid, 
 for such year, such board of education, or 
 trustees, shall be individually responsible to 
 the teacher, or other person with whom such 
 agreement Is made. 
 
 The board of education of each district, and 
 independent school district, in each county, 
 shall require its secretary, ten days prior to 
 the first day of July, in each year, to prepare 
 and post at three places of election within 
 said district, or independent school district, 
 and in each school district and independent 
 
OF West Virginia. 93 
 
 school district where the expenditure for all 
 school purposes in any one school year in said 
 district shall equal or exceed the sum of three 
 thousand dollars, said board of edacali©n 
 shall also publish in some newspaper of the 
 county having a general circulation in the dis- 
 trict, an itemized statement, duly sworn to by 
 the president and secretary of said board, 
 showing all moneys disbursed by said presi- 
 dent and secretary by orders on the sheriff, or 
 otherwise, within the school year, last pre- 
 ceding, distinguishing between the teachers' 
 fund and buiiding fund. The statement shall 
 give the name of each person to whom an or- 
 der shall have been issued, and shall state the 
 object for which it was given. 
 
 CLX XVIII The law plainly negatives the power of aboard 
 of education to incur a debt for anv purpose ; but it does not 
 prohibit a board from doing all the necessary prebminary 
 work, such as making estimates, receiving bids, etc., so as 
 to be ready when the l^-vy is made to close a contract. 
 
 CLXXIX The law makes no provision for additional 
 compe- sation for the secretary in consideration of makmg 
 upthestatementPlobepubbshedby hoards in all districts 
 havinganannualexpenditureof $3,000. or more. _. 
 
 CLXXX An important case arising under the provisions or 
 Section 45, was decided by the Supreme Court of Appeals 
 December 6. 1893, and is reported in 38 W. Va., p. 6bi. ine 
 Bvllabus reads as follows: „ „, ,. ^ 
 
 1. Schools and Schoolhouses -Boards of 'Education— Con- 
 tracts— Construction of Statutes: ^^ „ „„V,^^l 
 
 Under section 45, c. 45, of the Code, the value of a school 
 house and site yet unsold, though the board of education in- 
 tends to ^ell it, can not be taken into consideration in es- 
 timating the amount of money available in th- fiscal year 
 for contracts and expenditures. 
 
 2 Schools and Schoolhouses— Boards of Education— Con- 
 tracts— Construction of Statutes. 
 
94 School Laws and Decisions 
 
 Where a contract between a board of education and con- 
 tractors tor building a schoolhouse fixes a sum as the con- 
 tract price, which may exceed the amouut of money availa- 
 ble under section 45. c. 45 of the Code for a fiscal school year, 
 tut contains a provision that no liability shall be imposed 
 by such con^ra^t on the board for anything beyond the sum 
 lawfully available under that se^tinn, so as to revent the 
 contractors from recovering of the board an\ thing beyond 
 such sum, the controct is not unlawful under said section, 
 so as to prevent the board from paying upon it such money 
 as is applicable under said section. 
 
 [Section 46, as amended by Chapter XXVI. _ Acts of 1893. 
 Passed February Zi, 1>^93.] 
 
 46 The sheriff or collector of the county 
 shall receive, collect and disburse all school 
 moneys for the several districts and independ- 
 ent districts therein, both that levied by said 
 district and that distributed thereto by the 
 State. He shall be required by the county 
 court to give in addition to his bond as collec- 
 tor of the State and county taxes a special 
 bond in approved security in a penalty equal to 
 double the amount of school money \^hich 
 will probably come into his hands for school 
 purposes d'lring any one year of his term of 
 office, which shall be made payable to the 
 State of West Virginia, with one or more 
 sureties (ieemed sufficient by such court, and 
 proved or acknowledged before such ' court 
 and an order stating such proof or acknowl- 
 edgment shall be entered of record by such 
 court. He shall keep his accounts with the 
 several boards of education of each district 
 
OF West Virginia. 95 
 
 and ifldepeEdeDt school district : oce of money 
 beloDgicg to the teachers' fucd and the other 
 of moDey beJoDgirg to the building fund, and 
 shall credit every receipt and charge every 
 disbursement to the fund to Tvhich it belongs. 
 He shall pay out no money standing to the 
 credit of the board of education, except upon 
 an order signed by the secretary and presi- 
 dent thereof, specifjiog the sum to be paid 
 and the fund to \^hich it is to be charged; or 
 upon a certified copy of a judgment, or a de- 
 cree of a court of justice against the said 
 board, for a sum of money therein specified; 
 or upon an order of the county superintend- 
 ent, as provided in section eight of this chap- 
 ter*. 
 
 He shall, on, or immediately before, the 
 first day of July in each year, settle with the 
 board of education of each district and inde- 
 pendent school district, in which settlement 
 he shall be charged with the amount of taxes 
 levied by the board of education upon the 
 property of the district or independent school 
 district, for the teachers' fund and building 
 fund, and to pay any indebtedness of the dis- 
 trict, and with the amount distributed thereto 
 from the general State fund, and for any 
 other moneys received by him during the cur- 
 rent year on account of the free schools of 
 such district or independent school district; 
 
96 School Laws and Decisions 
 
 and he shall be credited with the amount o f 
 delinquent school taxes of such district or 
 independent school district that has been duly 
 returned by him and certified by the clerk of 
 the county court to such board of education. 
 He shall also be credited in such settlement 
 with all vouchers produced by him, if found 
 to be correct by the district board of educa- 
 tion, and he shall receive no other credits ex- 
 cept his c immission as hereinafter provided ; 
 an account of this settlement shall be made 
 out by each board of education, naming the 
 district for which it is made, with the proper 
 debits and credits which were the subjects of 
 this settlement. They shall also number all 
 vouchers with which the sheriff has been cred- 
 ited by them, and endorse on the back of each 
 the words, "Settled by B, E." Under this 
 endorsement the secretary of the board shall 
 sign his name and date of settlement. 
 
 All such accounts and vouchers so endorsed 
 shall then be delivered to the sheriff or collec- 
 tor whose duty it shall be to deliver them to 
 the clerk of the county court, which accounts 
 and vouchers shall serve as a basis of the set- 
 tlement to be made by the sheriff or collector, 
 with the county court, according to Article 
 XII. and section 7 of the Constitution, and 
 section fifty-two of this chapter. If any sheriff 
 or collector shall pay out in any one year, 
 
OF West Virginia. 97 
 
 more moDey on account of the teachers' fund 
 or building fund than shall have been levied 
 and could have been collected by him during 
 said year, together with the amount remaining 
 in his hands from any preceding year, he 
 shall in such settlement, receive no credit for 
 such excess. He shall receive no pay for re- 
 ceiving and disbursing the State school fund, 
 and not more than two per cent for receiving 
 and disbursing railroad taxes, and no pay for 
 the disbursement of any school money, arising 
 from the sale of school properly or received 
 from any other source than levies. If be 
 fail to account for and pay over, as required 
 by law, any money which may come to his 
 hands, or for "which he is liable, judgment 
 may be recovered therefor against him and 
 his securities, with interest and ten per cent. 
 damages; and upon the failure of such sheriff 
 to pay any proper draft which may be drawn 
 by the said board of education upon him, the 
 person entitled to receive the sum of money 
 specified in such draft may require the sheriff 
 to endorse thereon, or write across the face 
 thereof the words "presented for payment," 
 -with the proper date, and sign the same, and 
 judgment upon motion therefor may be ob- 
 tained against the sheriff before any justice of 
 his county, or before the circuit court thereof, 
 with interest from the time said draft wa • 
 presented and ten per cent, damages, he hav- 
 
98 School Laws and Decisions 
 
 ing had at least ten days' notice of the mo- 
 tion. Provided, That no sheriff shall be re- 
 quired to endorse any school order, nor shall 
 suit be brought on any such school order prior 
 to the first day of November of the current 
 school year. 
 
 CLXXXI. The sheriff has no right to refuse to collect the 
 school funds. He may decline to act as sheriff, but if he un- 
 dertake the duties of the office aud refuse to collect the 
 school moneys, it would be the duty of the county court to 
 appoint, another sheriff. 
 
 CLXXXII. Where error is discovered after a settlement 
 has been made it mayibe corrected by proper legal proceediues. 
 
 CLXXXIII. Boards of education have no authority to pay 
 a sheriff more commission than the law allows. This for re- 
 ceiving and disbursing railroad taxes is two per cent. 
 
 CLXXXIV. See Code, chapt*^r41, section 56, as to penalty 
 for sheriff, who shall fail or refuse lo pay any draft or order 
 lawfully drawn upon him, under certain circumstances. 
 
 CLiXXXV. "Neither the board of education, as a corpora- 
 tion, nor the members ih»"reof individually, are liable to a 
 sheriff who has paid out more in any year, on account of the 
 teachers' fund, than has been levied and could have been col- 
 lected by him during such year, together with the amount re- 
 maining in his hands from any previous year."— J.//red5 
 Caldwell, Attorney General. 
 
 CLXXXVI. School orders shall be received at par vahie in 
 payment of taxes, county and district levies, militia fines 
 and officers' fees. etc. — See section 16, chapter 41, Code. 
 
 CLXXXVII. There is no law providing for the payment, 
 by Boards of Education, of fe^^s to county clerks for prepar- 
 ing abstracts of sheriffs' settl^m^^nts as required by section 
 52; or certifying delinquent lists to Boards of Education, as 
 required of him by this section, or for certifying the value of 
 real estate to said Boards as he is required to do by section 
 43. This work is a part of his duty as a county officer, for 
 which he is paid a salary out of the county treasury by the 
 county court. 
 
 Delinquent Lists — Sale of Delinquent Lands 
 
 for District Levies. 
 
 47. The delinquent lists for district levies 
 shall be returned and real estate sold therefor, 
 as hereinafter provided. 
 
OF West Virginia. 
 
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 School Laws and Decisions 
 
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 Name of Person. 
 
 
OF West Virginia. lOl 
 
 And the sheriff or collector returning such 
 lists shall, at the foot thereof, subscribe the 
 
 following oath: '4, A B , sheriff, 
 
 (deputy sheriff or collector), of the county of 
 
 , do swear that the foregoing list is, I 
 
 verily believe, correct and just; and that I 
 have received n@ part of the taxes for which 
 the real estate (or personal property, as the 
 case may be), therein mentioned is returned 
 delinquent, and that I have used due dili- 
 gence to find property wUhin my c©unty li- 
 able to distress for said taxes, but have found 
 none." 
 
 Lists— When and Where Returned — Disposi- 
 tion Thereof. 
 
 48. The said lists shall be returned to the 
 county court, before the first day of July in 
 every year, and a list of real estate shall be 
 examined, corrected and allowed by said 
 court, and a copy thereof certified to the au- 
 ditor, and another copy to the assessor for 
 future use in making out the next land book. 
 The list of personal property shall also be ex- 
 amined, corrected and allowed by the court, 
 and the amount thereof so allowed, together 
 with the amount allowed of the list of real es- 
 tate, shall be certified by the clerk of said 
 couit, to the Secretary of the Board of Edu- 
 
102 School Laws and Decisions 
 
 cation of the proper district. The original 
 list shall be preserved by the clerk of said 
 court in his office. 
 
 CLXXXVIII. Secretaries should see to it that clerks of 
 the county courts furnish them with these lists before the 
 first Monday in July as required by law. 
 
 Return of Delinquent Real Estate for Sale. 
 
 49. The auditor shall include the school 
 taxes on real estate so returned deliDquent, 
 in his list to be furnished the sheriff for sale 
 for delinquent taxes. 
 
 Lien on Real Estate for Levies. 
 
 50. There shall be a lien on all real estate 
 for the district levies assessed thereon, from 
 the day fixed hy law for the commencement 
 of the assessment of taxes therein for such 
 year, and interest upon such levies at the rate 
 of six per cent, per annum, from the twen- 
 tieth day of January in the year following 
 that in which the assessment is made, until 
 payment. 
 
 List of Personal Estate — How Disposed of, 
 
 51. A copy of the list of personal property, 
 returned delinquent for the non-payment of 
 
OF West Virginia. 103 
 
 district levies, shall be placed by the clerk of 
 the county court in the bands ot the sheriff or 
 collector for collection, to be collected and ac- 
 counted for by him, in the same manner as 
 for levies origiDally placed in his hands for 
 collection; and he may collect such levies by 
 distress or otherwise, at any time within two 
 years after they are so placed in his hands. 
 
 Sheriff h Commissions for Collecting School 
 
 Levies Atuiual Settlement^ When 
 
 to he Made — Penalty for 
 
 Failure to Make^ &c. 
 
 i,Section52 as amended by chapter 30, Acts 1891.] 
 
 52. Every sheriff or collector shall be al- 
 lowed five per cf-w^wm commissions on the col- 
 lection of all district levies for free school 
 purposes. In addition to the settlements rCr 
 quired to be made with each board of a dis- 
 trict, every sheriff or collector of school 
 moneys shall also make annual settleoaents, 
 by districts, with the county court of his 
 county, at its next term after the first day of 
 July of each year, showing the amount of all 
 -moneys received and disbursed by him for the 
 preceding year for school and ^building pur- 
 poses from State and from the district and in- 
 dependent school district funds, and the 
 
104 School Laws and Decisions 
 
 amount due to each district; which settle- 
 ment shall be made a matter of record by the 
 clerk of said court, in a book to be kept for 
 that purpose. All accounts and vouchers re- 
 quired to be returned to the clerk of the coun- 
 ty court by section forty-six of this chapter, 
 shall be filed by said clerk in his office, and 
 the file of each district shall be kept separate. 
 If any sheriff or collector of school moneys 
 shall fail to make the settlement required by 
 this section at the time required, without 
 reasonable cause therefor, he shall forfeit 
 fifty dollars to the general school fund, and 
 a like penality shall be incurred by him 
 for each subsequent term of the court 
 that shall pass without such settlement. 
 And the sheriff or collector shall more- 
 over, be charged with twelve per cent, in- 
 terest on all school moneys in his hands for 
 the time he is in default in making the settle- 
 ment required in this section, which interest 
 shall be charged up against him when the set- 
 tlement shall be made. When the sheriff 
 or collector shall fail to inake this settlement 
 at the time required herein, it shall be the du- 
 ty of the prosecuting attorney to proceed by 
 action against him and his securities in the 
 circuit court, to recover the fine imposed upon 
 him by this section. Every sheriff or collec- 
 tor shall, moreover, be liable to any person 
 
OF West Virginia. 105 
 
 iDJured in consequence of his failure to make 
 the settlement herein required. This settle- 
 ment shall extend back to the commencement 
 of the term of office of such sherijff or collec- 
 tor. If any board of education fail to make 
 the settlements required by section forty-six 
 of this chapter, with the sheriff, when re- 
 quested by him to do so, each member of such 
 board so failing or refusing shall be fined 
 twenty dollars, for the benefit of the school 
 fund. The clerk of the county court shall 
 transmit an abstract of the settlement to the 
 State Superintendent of free schools within 
 ten days after the same has been made. 
 
 And the retiring sheriff shall within sixty 
 days after he shall have made his final settle- 
 ment in the manner herein provided, pay and 
 turn over to his successors in office such bal- 
 lances as may be shown due from him by said 
 settlements upon such order as is prescribed 
 by section forty-six of this chapter, and if he 
 fail to do so, he shall be liable to the forfeit 
 and penalty herein prescribed. 
 
 CLXXXIX. This abstract of the settlement with ihe 
 sheriff should be promptly forwarded to th« State Superin- 
 teodeut, by th« county cJerk, immediately after the settle- 
 ment with the sheriff made at the next term of the county 
 court after the first day of July annually, as required by sec- 
 tion 52. 
 
106 School Laws and Decisions 
 
 County Superintendent ^f Schools — His Qual- 
 ifications ^ Duties and Compeasation. 
 
 53. The county saperintendent of schools 
 shall be a person of good moral character, of 
 temperate habits, literary acquirements, and 
 skill and experience in the art of teaching. He 
 shall receive for his services an annual com- 
 pensation, as follows: In counties having 
 not more than fifty schools, one hundred and 
 fifty dollars; in counties having more than 
 fifty and not more than seven t}? -five schools, 
 two hundred dollars ; in counties having more 
 than seventy-five and not more than one hun- 
 dred schools, two hundred and fifty dollars, 
 and in counties having more than one hundred 
 schools, three hundred dollars, which salary 
 shall be paid ratably for any shorter term of 
 service than one year. Such compensation 
 shall be paid quarterly, upon orders drawn by 
 the county superintendent on the State Super 
 intendent of free schools, who shall, upon re- 
 ceiving the same, draw his warrant upon the 
 auditor therefor, payable to such county su- 
 perintendent, or to such person as he may di- 
 rect. But the final payment shall not be 
 made until the county superintendent has 
 made the reports required of him to the State 
 Superintendent of free schools. The same 
 shall be paid out of the general school fund, 
 
©F West Virginia. 107 
 
 but the amount thereof shall be deducted by 
 the auditor from the amount next to be dis- 
 tributed to each county. He shall, before en- 
 tering upon the duties of his office, execute a 
 bond, conditioned according to law, before 
 the county court of his county, or the clerk 
 thereof in vacation, in the sum of five hun- 
 dred dollars, with approved security, upon 
 which bond he shall be liable in any court 
 having juri«diction, to any person or persons, 
 or to any board of education, for losses sus- 
 tained by reason of his neglect; or non- per- 
 formance of duties imposed by this chapter. 
 Said bond shall be filed in the office of the 
 clerk of the county court, who shall within 
 five days certify to the State Superintendent 
 of Free Schools the name of said county su- 
 permtendent and his post office address: Pro- 
 vided, That the county superintendents here- 
 tofore elected shall continue in office until 
 their successors shall have been elected and 
 qualified uuder this chapter. A vacancy in 
 the office of county superintendent shall be 
 filled for the unexpired term by the presi- 
 dents of the boards of education in the coun- 
 ty, at a meeting to be called for that purpose 
 by the clerk of the county court, at the court 
 house of the county, within thirty days after 
 the vacancy occurs. A majority of said 
 presidents shall be necessary to constitute a 
 quorum at such meeting. 
 
108 School Laws and Decisions 
 
 CXC. County Superintendents must make their re- 
 ports to the State Superintendent full and complete before 
 making requisition lor last quarter's salary; and the State 
 Superintendent must see to it that said report is full and ac- 
 curate before issuing his requisition upon the auditor for 
 said last quarter's salary of county superintendent. 
 
 CXCI. Under the provisions of section 2 of this chapter 
 County SuperintendeDts who are elected at the Novembpr 
 election will not enter upon their official duties until the 
 last day of the ensuing July. 
 
 CXCII. There is no law or provision for furnishing 
 county superintendents with stationery. 
 
 CXCIII. A school house or a house used as such, is a 
 school, whether it has one or more teachers employed in it. 
 
 CXGIV. The cflTice of county superintendent and that of 
 notary public are not incompatible. 
 
 CXCV. Couoty superintendents have no official au- 
 thority over the question of the rate of wages to be paid in 
 the several districts. Boards of education fix the rate to be 
 paid each grade, provided that they do not go below $25 per 
 month for grade No. 1; $22 for No. 2; and $18 for No. 3 certfi- 
 cates. See Section 6. 
 
 CXCVI. The County Superinten-^ent should not pay 
 the secretaries until he has examined their books and found 
 them correct. If he does this he violates the plain provision 
 of law as sel forth in section 8 of this chapter. 
 
 54. The ceunty superintendent shall visit 
 each school within his county, at least once 
 in each school year, at such time as he inay 
 deem necessary and proper, and note the 
 course and method of instruction and the 
 branches taught, and give such directions in 
 the art of teaching, and the method thereof in 
 each school, as to him shall seem necessary 
 or expedient, so that the uniformity in the 
 course of studies and methods of instruction 
 employed shall be secured, as far as practica- 
 ble, in the schools of the several grades, re- 
 spectively. He shall acquaint himself, as far 
 as practicable, with the character and condi- 
 
OF West Virginia. 109 
 
 tioa of each school, noting any deS-ciencies 
 that may exist, either in the government of 
 the school, the claspification of its scholars, 
 or the method of instruction employed in the 
 several branches, and shall make such sug- 
 gestions in private to the teacher, orally or by 
 writing, as to him shall appear to be necessary 
 to the good order of the schools and the pro- 
 gress of the scholars. He shall note the char- 
 acter and condition of the school houses, the 
 sufficiency or insufficiency of their furniture 
 and fixtures, and shall make such suggestions 
 to the several boards of education aad trustees 
 as in his opinion shall seem conducive to the 
 comfort and progress of the scholars in the 
 several schools. 
 
 CXC^VIi. The schools of all independent districts, ex- 
 cept Wheelins, should be visited by county superintendents. 
 
 Formation of County and Union Institutes. 
 
 55. It shall be the duty of the county su- 
 perintendent to aid the teachers in all proper 
 efforts to improve themselves in their profes- 
 sion. For this purpose, he phall encourage 
 the formation of county institutes for mutual 
 improvement ; shall attend the meetings of 
 said institutes whenever practicable, and give 
 such advice and instruction, in regard to their 
 conduct and management, as in his judgment 
 
110 School Laws and Decisions 
 
 will contribute to their greater efficiency. In 
 connection with superintendents of the ad- 
 joining counties, each county superintendent 
 shall encourage the formation of union insti- 
 tutes ; shall attend and participate in the ex- 
 ercises of the same, as far as practicable ; and 
 shall use all proper means to improve the 
 efficiency of the teachers and to elevate their 
 profession. He shall at all times conform to 
 the instructions of the State Superintendent 
 of Free Schools, as to the matters within the 
 jurisdiction of the said superintendent, and 
 shall serve as the organ of communication 
 between him and the several district boards of 
 education. He shall distribute from his office 
 all blanks, circulars, copies of school laws 
 and other communications from the State Su- 
 perintendent to the several boards and persons 
 entitled to receive the same. 
 
 Additional Reports hy County Superintendents, 
 
 56. In addition to the reports mentioned in 
 the twenty-second section, it shall be the duty 
 of the county superintendent to make out and 
 transmit to the State Superintendent of Free 
 Schools a detailed report of the condition and 
 character of the schools within his county, 
 notiDg all deficiencies and suggesting their 
 remedies, with such remarks upon the opera- 
 
OF West Virginia. Ill 
 
 tions of the school laws as his experience and 
 observation may suggest, pointing out wherein 
 he considers them delicient. He shall also 
 report such districts as have failed to make 
 returns of the enumeration of youth as re- 
 quired in the nineteenth section of this chap- 
 ter; and also those districts that have failed 
 to make the levy required in section forty. It 
 shall be the duty of the county superintend- 
 ent to make in a well bound book to be kept 
 for the purpose, a record of all his proceed- 
 ings ; of all certifirates issued by the board 
 of examiners, and of all reports made by him, 
 which book shall be the property of the oflSce; 
 and all outgoing county superintendents shall 
 make the report required for each year of 
 their service. 
 
 CXCVIII. The law as laid down in section 56, is explicit in 
 requiring a written report of the condition of the schools and 
 school work over which they have supervision. Blanic pages 
 are found in the County Superintendent's "Annual Keport" 
 and the same should be properly filled. 
 
 School Officers Not to Act as Agents for Book- 
 sellers^ Etc, — School Books to he Used. 
 
 57. No school officer, or teacher of any 
 free school, shall act as agent for any author, 
 publisher, bookseller, or other person, to in- 
 troduce or recommend the use of any book, 
 apparatus, furniture, or other article whatever, 
 
112 School Laws and Decisions 
 
 in the free schools of this State, or any one 
 or more of them, or directly or indirectly con- 
 tract for or receive any gift or reward for so 
 introducing or recommending the same; nor 
 shall such person be otherwise interested in 
 the sale, proceeds or profits of any book or 
 other thing used, or to be used in said schools: 
 Provided, That nothing herein shall be con- 
 strued to apply to any book written, or thing 
 invented by such person, or to merchants who, 
 in connection with their business, may desire 
 to sell school books or other things used in 
 schools. Provided^ further. That the same 
 are embraced in the prescribed series. 
 
 CXCIX. The State Superintendent has no authority to 
 appoint book agents or persons authorized to sell soh^ol 
 bo''ks. Any one except school officers and teachers may en- 
 gage in the business. 
 
 CC. The State does not furnish school books on com- 
 mission to persons to spII to pupils in the public schools. The 
 publishers of any of the t^xt books used in the schools will 
 send them postpaid to any address on receipt of retail price. 
 
 CCI. It is not a violation of law for the teacher to order 
 for the pupils of his school, they furnishing the money, the 
 lawful contract school books they need, at the contract price, 
 either by mail or express. The teacher would violate the 
 law, however, it he took any profit, or in any sense became 
 an agent or dealer in school books. 
 
 [Section 58 as amended by Acts 1891, chapter 103.] 
 
 58. The following series of class books 
 shall be used in the free schools throughout 
 the State, viz: Reading, spelling, elocution 
 McGuffey's new revised readers, first, second, 
 
OF West Virginia. 113 
 
 third, fourth, fifth and sixth; McGuffey's new 
 eclectic spelling book. 
 
 Mathematics— Kay's primary, intellectual, 
 practical and higher arithmetics; Ray's ele- 
 mentary and higher algebras; Evan's School 
 Geometry for Beginners; Robinson's new Geo- 
 metry and Trigonometry; Robinson's Survey, 
 ing and Navigation. 
 
 Grammar — Hyde's Language Lessons, books 
 I. and II., for common and graded schools, 
 and Harvey's revised grammars for graded 
 and high schools. 
 
 Geography — Knote's Geography of West 
 Virginia; Mitchell's new revised geographies; 
 Guyot's Physical Charts 
 
 History^ — -Natural science, etc. — Goodrich's 
 Common School History; history of the Uni- 
 ted States, Holmes; Natural Philosophy, Av- 
 ery; philosophy of natural history, Ware and 
 Smilie; rhetoric, Hart; chemistry (new edi- 
 tion), Youman's; astronomy (elementary), 
 Robinson's ; botany. Gray ; anatomy and 
 physiology, Cutter; dictionaries, Webster and 
 Worcester; penmanship, Ellsworth's System; 
 civil government, for high schools, Fiske; for 
 common and graded schools, "Our Govern- 
 ment," Macy; book-keeping, Mayhew's Prac- 
 lical Bookkeeping; supplementary reading, 
 Riverside Literature Series. 
 
 It shall be the duty of the county superin- 
 
114 School Laws and Decisions 
 
 tendents to enforce by all proper means the 
 use of the text-books which may be prescribed 
 as herein provided. 
 
 The State Superintendent of Free Schools 
 shall, on or before the first day of July, 1891, 
 contract with the several publishers of the text 
 books named in this section, for the supply 
 of such text books to be used in the free 
 schools of this State. Such contract shall be 
 made for the period of five years from the 
 first day of July, 1891, upon the terms and 
 guarantees named in the propositions submit- 
 ted to this Legislature by the publishers of the 
 several text books named herein, and in ac- 
 cordance with the provisions and conditions 
 of chapter fifty-six of the acts of one thou- 
 sand eight hundred and seventy-nine, entitled 
 '<An act to regulate the prices of class books 
 used in the free schools of the State;" and 
 all the provisions of said act shall apply to 
 such contracts, and in addition thereto such 
 cont^racts shall explicitly provide that no "re- 
 vised editions" of such books as may be con- 
 tracted for, shall be introduced into the free 
 schools of this State during the time covered 
 by any such contracts. 
 
OF West Virginia. 115 
 
 Duties and Powers of Boards of Education in 
 
 Reference to the Purchase of Text Books 
 
 Prescribed hy Law. 
 
 [Chapter XXXII, Acts of 1885.] 
 
 [58(x. I. Thatit shall be the duty of the board 
 education of every school district of this State, 
 at or before the beginning of every school 
 year, and from time to time during the year, 
 if necessary, to purchase and have on hand, 
 in the oflSce of the secretary of the board, as 
 many of the various text-books prescribed by 
 law, for use in the free schools of the State, 
 as the board may deem sufficient to supply 
 the needs of the schools of the district, for 
 the current year. Such books shall be pro- 
 vided out of the building tund of the district 
 and shall be placed in the care of the secre- 
 tary of the board, who shal] sell them for cash, 
 and at the contract retail price, to the patrons 
 and pupils of the free schools of the State. 
 
 The secretary shall keep an account of the 
 amount of money expended during the year 
 for books, and the amount collected, or which 
 should have been collected, by him for sales 
 thereof, which items shall be reported by 
 him in his annual report to the county su- 
 perintendent, who shall likewise report said 
 items in his annual report to the State 
 
H6 School Laws and Decisions 
 
 SuperintendeDt of Free Schools. All moneys 
 received by the secretary froro the sales of 
 books as aforesaid, shall be paid over by him 
 to the sheriff of the county to the credit of the 
 building fund of the district, and the sheriff 
 shall be charged, in his annual settlement 
 with the board of education, with all moneys 
 so received by him In addition to the com- 
 pensation now allowed him by law for his ser- 
 vices, the secretary shall be allowed by the 
 board for bis services under this act, an 
 amount, which shall be paid out of the build- 
 ing fund, of not less than five nor more than 
 fifteen dollars. But this additional compen- 
 sation so allowed the secretary, shall not be 
 added to the original cost of such text-books, 
 so as to increase the prices thereof, when 
 bought by the patrons and pupils of said 
 schools 
 
 Every board of education enforcing this act 
 shall require of the secretary bond with good 
 personal security, conditioned for the faithful 
 performance of his duties under this act, 
 which bond shall be made payable to the State 
 of West Virginia, and the amount of the pen- 
 alty thereof shall be fixed by the board of 
 education. It shall be filed for safe keeping 
 in the clerk's office of the county court, or 
 other tribunal established in lieu thereof, and 
 may be sued on by the board or any person 
 icjured by a breach of its conditions. 
 
OP West Virginia. 117 
 
 II. This act shall not be enforced in any 
 school district of this State, unless the board 
 of education thereof shajl so order.] 
 
 Fi7ie for Violating amy of the Provisions of 
 this Chapter. 
 
 59. If any officer or teacher, fail to perform 
 any duty required of him by this chapter, or 
 Tiolate any provisioQ thereof, and there is no 
 other fine or punishment imposed therefor, by 
 law, he shall be fined not less than three, nor 
 more ban ten dollars, for every such offense, 
 to be recovered before a justice of the 
 peace of th*^ county; and such fine shall not 
 impair or affect his liability for damages to 
 any person injured, nor the liability of him- 
 self and sureties on his official bond. If the 
 board of education of any district or inde- 
 pendent school district, fail to perform aov 
 duty required by this act, each member of 
 such board shall be liable to the full penalty 
 imposed by this section, unless he show that 
 he was not guilty of any neglect or default in 
 the premises. 
 
 Annual Distribution hy the State for Support 
 of Free. Schools. 
 
 60. For the support of free schools, there 
 
118 School Laws and Decisions 
 
 shall be a state tax levied, annually, of ten 
 cents on the one hundred dollars' valuation on 
 all the real and personal property of the State, 
 which, together with the interest of the in- 
 vested school fund, the net proceeds of all for- 
 feitures, confiscations and fines which accrue! 
 to the State during the previous year, the pro- 
 ceeds of the annual capitation tax, dividends 
 on bank stock held by the board o,f the school 
 fund, and the interest accruing on stock in- 
 vested in United States bonds, shall be set 
 apart as a separate fund to be called "the gen- 
 eral school fund," and shall be annually 
 applied to the support of free schools 
 throughout the State, and to no other 
 purpose whatever. It shall be distribu- 
 ted to the several counties in the State in pro- 
 portion to the number of youth therein, ac- 
 cording to the latest enumeration made for 
 school purposes; but the auditor shall first 
 deduct therefrom the aggregate salary of the 
 State Superintendent of Free Schools, and the 
 necessary traveling and contingent expenses 
 of his olfice, together with such other sums as 
 may be required to be paid by him out of the 
 general school fund. Fifty per cent, of this 
 distributable sum shall be paid on the fif- 
 teenth day of September, and the remainder 
 on the fifteenth day of December, of each 
 year, and in the manner provided in the sixty- 
 first section of this chapter. 
 
OF West Virginia. 119 
 
 61. It shall be the duty of the auditor, on 
 or before the tenth day of Jane, in each year, 
 to ascertain the amount which is distributable 
 among the several counties as aforesaid, and 
 notify the State Superintendent of Free 
 Schools thereof, who shall thereupon ascer- 
 tain the proper share of each county and no- 
 tify the auditor and each county superintend- 
 ent, also, the amount deducted by the audi- 
 tor from the share of his county on account 
 of salary paid the county superintendent, as 
 required by section fifty-four, which amount 
 the county superintendent shall also dednct 
 from the share of his county before making 
 his distribution of the same among the sev. 
 eral districts thereof. Upon receiving such 
 notice, the county superintendent shall ascer- 
 tain the proper share ©f each district, and in- 
 dependent school district, ijf his county, ac- 
 cording to the number of youths therein, and 
 give notice to the hoard of education of each 
 district, and independent school district, in 
 the county, of tiie amouot of the general 
 scheol fund due each, respectively, and that 
 the same cannot be drawn by them until 
 they have made the levy required by the 
 fortieth section ef this chapter. 
 
 62. Upon being o^^ciaily notified by the 
 secretary of the board of education, in the 
 manner provided for in the forty-fourth sec- 
 
120 School Laws and Decisions 
 
 tion of this chapter, Ihat the board of educa- 
 tion has authorized the levy for school pur- 
 poses, the county superintendent shall issue 
 his requisition on tbe auditor, payable to the 
 order of the sheriff of his county for the 
 amounts due such districts as may have 
 made the levy aforesaid, which shall be paid 
 in two equal installments, payable on the fif- 
 teenth days of September and December, re- 
 spectively; whereupon the auditor shall i?sue 
 his warrant upon the treasurer in favor of the 
 sheriff for the amount of such requisition, in. 
 dicating in writing upon said warrant the de- 
 pository upon which the same shall be drawn; 
 and the treasurer shall thereupon be author- 
 ized and required to draw his check upon the 
 said depository for the said amount. The re- 
 quisition of the county superintendent shall 
 be m form or in substance as follows : 
 
 * 'Office of the County Superintendent of 
 FnfiE Schools, 
 
 County of . . . . , the .... day of . . . . , 18 . . » 
 
 Auditor of West Virghiia : 
 
 Pay to the order of , sheriff of 
 
 county, dollars, the 
 
 amount of State school fund apportioned to 
 the district (or independent school district) of 
 
OF West Virginia. 121 
 
 , in said county for the year 18... 
 
 And 1 hereby certify that said district (or 
 independent school district), has msde the 
 levy required by law, for school purpr'ses, and 
 that said sheriff has given the band required 
 by law. 
 
 A B — , County Superintendent 
 
 of Schools." 
 
 Cril. Sections 42 and 61 prohibit any district or inde- 
 pendent school district trona receivine its proportinn of the 
 State f-chool iund, uuiil it has laid the local levy required 
 by section 40. Couuly Superinteudeats should iiilorm the 
 auditor if a district votes down the layy that he may act in 
 comyliance with section 42. 
 
 State Superintendent of Free Schools. 
 
 63. There shall be elected a State Superin- 
 tendent of Free Schools for the State, whose 
 term of office shall be the same as that of the 
 Governor. He shall be a person of sood 
 moral character, of temperate habits, of liter- 
 ary acquirements, and skill and experience in 
 the art of teaching. He shall receive annually 
 the sum of one thousand five hundred dollars 
 in payment for his services, to be paid monthly 
 out of the school fund upon the warrant of 
 the auditor. If in the performance of any 
 duty imposed upon him by the Legislature^ 
 he shall incur any expenses, he shall be re- 
 imbursed therefor. Provided^ The amount 
 does not exceed five hundred dollars in any 
 one year. 
 
122 School Laws and Decisions 
 
 64. The State Superintendent shall reside 
 and keep his office at the seat of government. 
 He shall provide a seal for his office, and 
 copies of his acts and decisions, and of papers 
 kept in his office, authenticated by his signa- 
 ture and official seal shall be evidence equally 
 with the original. He shall sign s 11 requisi- 
 tions on the auditor for the payment of money 
 out of the State treasury for school purposes, 
 except as hereinafter provided. 
 
 65. The State Superintendent shall be 
 charged with the supervision of all county 
 superintendents and free schools of the State, 
 and see that the school system is carried into 
 effect. He shall prepare and transmit to the 
 county superintendents instructions how to 
 conduct the elections prescribed in this chap- 
 ter, to keep and transmit the official records 
 and ballots thereof, and the manner of ascer- 
 taining and announcing the results, so as to 
 conform the same to the provisions of this 
 chapter, and also to such provisions of the 
 general election laws of the State as may not 
 be inconsistent therewith ; he shall prescribe 
 and cause to be prepared all forms and blanks 
 necessary in the details of the system, so as 
 to secure its uniform operation throughout the 
 State, and shall cause the same to be for- 
 warded to the several county superintendents, 
 
OF West Virginia. 123 
 
 to be by them distributed to the persons enti- 
 tled to the same. He shall cause as many 
 copies of this chapter and other school laws 
 in force with such forms, regulations and in- 
 structions as he may judge expedient, thereto 
 annexed, to be from time to time published, 
 as he may deem expedient, and shall cause 
 the same to be forwarded to the county su- 
 perintendents, to be by them distributed to 
 the persons entitled to receive them. 
 
 66. ItiShall be the duty of the State Super- 
 intendenV^to aim at perfecting the system of 
 free schools as established in the State; and 
 for this purpose it shall be his duty to corre- 
 spond with educators and school officers 
 abroad, to acquaint himself with the various 
 systems of free schools established in other 
 states and countries, collate the results as ex- 
 hibited in the reports of their several superin- 
 tendents, and to use all efforts necessary to 
 enable him to render available the combined 
 results of the experience of other communi- 
 ties with his own experience and observation. 
 He shall acquaint himself inti nately with the 
 peculiar educational wants of each section of 
 the State, and shall take all proper means to 
 supply them, so that the schools shall be as 
 nearly as possible equal and uniform in grade 
 throughout the State. He shall acquaint him- 
 
124 School Laws and Decisions 
 
 self with ihe different systems and methods of 
 instruction which may hi introduced amonp^ 
 educators, and shall explain and recommend 
 such as experience and sound principles of 
 education may have demonstrated to be valu- 
 able; and it shall be his duty to endeavor to 
 render available to the people of this State all 
 such improvements in the system of free 
 schools and the methods of instruction, as 
 may have been tested and proven by the ex- 
 perience of other communities. 
 
 67. He Rhall, on or before the first da}^ of 
 January, of each year, make a report to the 
 Governor, to be by him transmitted to the next 
 regular session of the Legislature, in regard 
 to the condition of free schools within the 
 State, embracing all statistics compiled from 
 the reports of the county superintendents, 
 and such other authentic information as he 
 can procure, which will be necessary to give a 
 proppr exijibit of the working of the system 
 together with such plans as he may have ma- 
 tured for the management and improvement 
 of the school fund, and for the better and more 
 perfect organization and efficiency of free 
 schools; and, likewise, all such matters in 
 relation to h's office and to free schools, as he 
 may deem expedient to communicate. 
 
OP West Virginia. 125 
 
 Auditor. 
 
 68. The Auditor shall annuallj^, before the 
 first day of September, deliver to the Gov- 
 ernor and the State Superintendent of Free 
 Schools, each, a report made up to the first 
 day of July next preceding, of the condition 
 of "the school fund," with an abstract of the 
 accounts thereof in his office, which report the 
 Governor shall lay before the Legislature at 
 its next regular session. 
 
 ecu I. Chapter 29, section 67, Codp, requires thp auditor to 
 certify to eacheouuty superintendent the amount of railroad 
 levies", due to eauh district aul iudepeudeiit school district. 
 See said section 
 
 Board of the School Fund. 
 
 69. The Governor, State Superintendent of 
 Free Schools, Auditor and Treasurer, shall 
 be a corporation, undpr the name of ''the 
 board of the school fund," and shall have the 
 management, control and investment of said 
 fund, under the fourth section of the twelfth 
 article of the Constitution. The Governor 
 shall be president of the board, and in his ab- 
 sence the board may choose one of their num- 
 ber to preside temporarily in his place. The 
 Auditor shall be the secretary of the board. 
 A faithful record shall be kept of all the pro- 
 ceedings , and a copy thereof, certified by che 
 
126 School Laws and Decisions 
 
 secretary of the board, shall be evidence in all 
 cases in which the oricrinal would be. A 
 majority of the board shall constitute a quo- 
 rum for the transaction of business. 
 
 70. A meeting of the board may be held at 
 any time, upon the call of any member there- 
 of, provided notice be given to all members 
 who may be at the seat of government. The 
 auditor's office shall be the place of meeting, 
 and the proceedings shall be signed by the 
 president and secretary of the meeting for that 
 day. and shall be open to inspection at all 
 times. 
 
 71. All the money which ought to be paid 
 into the treasury to the credit of "the school 
 fund" shall be recoverable with interest by ac- 
 tion or motion in the name of said board, be- 
 fore any court having jurisdiction, and the at- 
 torney-genaral shall institute and prosecute 
 such action or motion when so directed by the 
 board. 
 
 72. The board may appoint agents for the 
 collection of debts or claims, and authorize 
 them to secure payment thereof, and to pro- 
 tect the interests of the school fund, on such 
 terms as it may approve. They shall take 
 bond from said agent, if any money is to come 
 
OF West Virginia. 127 
 
 into his hands; and any agent selling lands, 
 when directed to do so by the board, shall ex- 
 ecute a deed, (with the resolutions giving such 
 directions thereto annexed), conveying to the 
 purchaser by special warranty. Said agent 
 may be allowed by the board a compensation 
 not exceeding, in any case, five per cent, on 
 the money actually paid into the treasury. 
 
 Permanent School Fund— How Invested. 
 
 73. All such sums as have accrued or shall 
 hereafter accrue to this State, from the sev- 
 eral sources enumerated in the fourth section 
 of the twelfth article of the Constitution, 
 shall be set apart as a separate fund to be 
 called "the school fund," and it shall be the 
 duty of the audror to ascertain from time to 
 time whatsums have so accrued or may hereaf- 
 ter accrue, and to pass the same to the credit of 
 the said school fund; and it shall be the duty of 
 the board of the school fund, from time to time, 
 to invest the same in the interest bearing secu- 
 rities of the United States, or of this State, 
 or otherwise, provided for in said fourth sec- 
 tion of the twelfth article of the Constitution. 
 And it shall be the duty of the said board to 
 sell any investment on account of the school 
 fund now made in other securities, than those 
 required in said fourth section of the twelfth 
 
128 School L.\ws and Decisions 
 
 article of the Constitution, and invest the pro- 
 ceeds thereof in the interest bearing securi- 
 ties of the United States, or of this State, or 
 otherwise, as provided in the Constitution 
 aloresaid, 
 
 74. The auditor shall be the accountant of 
 the board, exercising any of their powers, ex- 
 cept that he shall not, without special author- 
 ity, entered upon the records of their proceed- 
 ings, dispose of aay property or invest any 
 money of the school fund. He shall place 
 the securities in which said school fund is in- 
 vested in such depository for safe-keeping, as 
 the board shall direct. All money belonging 
 to "the school fund" shall be received into 
 and paid out of the treasury upou the warrant 
 of the auditor. But no warrant for paying 
 out such money shall be issued without the 
 authority of the board. 
 
 City of Wheeling, E^c. 
 
 75. Nothing in this chapter shall alter or 
 affect the laws now in force respecting the 
 free schools in the city of Wheelinor, and the 
 parts of districts coanected therewith; nor 
 shall anything in this chapter be construed as 
 abolishing any independent school district 
 heretofore created, or as affecting any right 
 
OF West Virginia. 129 
 
 or privilege conferred upon them, respective- 
 ly, in the acts of the legislature by which 
 they have been created; except so far as such 
 right or privilige may be inconsistent with the 
 provisions of this chapter in which independ- 
 ent school districts are especially included. 
 In the independent school district of Wheel- 
 ing none but practical educators who shall 
 have had at least three years of practice a? 
 teachers in graded schools, shall be eligible to 
 the office of superintendent. 
 
 CCIV. Independent school districts are those crpated by 
 special act of the Legislature and are governed by the laws 
 laid down in the acts creating them. On points where these 
 acts are silent the general law applies. The principal inde- 
 pendent districts having superintendents «re Wheeling, 
 Huntington, Parkersburg, Marlinsburg and Charleston. 
 
 GOV. Teachers in the independent districts of Wheel- 
 ing, Huntington, Charleston and Martinsburg are not re- 
 quired to undergo examiuation by the county board. 
 
 West Virginia University. 
 
 76. "The Agricultural College of West Vir- 
 ginia," located and established at Morgan, 
 town, in the county of Monongalia, in pursu- 
 ance to the act passed February seventh one 
 thousand eisht hundred and sixty-seven en- 
 titled "An act for the regulation of the West 
 Virginia Agricultural College," shall be and 
 remain as so established and located ; and all 
 the provisions of said act, except so far as 
 the same may be altered by this chapter shall 
 
130 School Laws and Decisions 
 
 remain in full force and effect to the same ex- 
 tent as if this chapter as amended had not 
 been passed. 
 
 77. The name of said college shall hereaf- 
 ter be ''The West Virginia Universit}^" by 
 which name it shall have and hold all the 
 property, funds, investments, rights, powers 
 and privileges, now had and held under the 
 name prescribed in the above recited act. 
 
 [Section 78, as amended by Chapter 5, Acts 1887.] 
 
 78. For the government and control of the 
 said university, there shall be a board of re- 
 gents, consisting of one person from each sen- 
 atorial district, to be appointed by the gov- 
 ernor, as provided by law, to be called ''The 
 Regents of the West Virginia University." 
 As such board they may sue and be sued, and 
 have a common seal. The said board shall 
 have the custody and control of the property 
 and funds of the university, except as other- 
 wise provided by law. They shall have power to 
 accept from any person or persons any gift of 
 money or property intended for the use of the 
 univeisity, and shall, by such acceptance, be 
 trustees of the funds which may (iome into the 
 possession or under the control of said board by 
 such gift, and shall invest and hold such 
 funds and property, and apply the proceeds 
 
OF West Virginia. 131 
 
 in such manner, as the donor may prescribe 
 by the terms of his gift. A majority of said 
 regents shall constitute a quorum for the 
 transaction of business, except that for mak- 
 ing arrangements for the erection of buildings, 
 or the permanent alteration thereof, or the 
 appointment to or removal from office of pro- 
 fessors, or fixing their compensation, or 
 changing any rule or regulation adopted by a 
 majority of the board, in which cases all of 
 the regents shall be notified in writing by the 
 secretary of the board, of the time, place and 
 object of any meeting proposed to be held 
 for any of the purposes excepted in this sec- 
 tion ; and the concurrence of a majority of the 
 regents shall be required. The term of oflBce 
 of the members of the present board of re- 
 gents shall be in no wise afitected by this act. 
 On the thirtieth day of June, annually, two of 
 the regents in office, shall retire from said 
 board. Those appointed from the sixth and 
 seventh senatorial districts, shall retire on the 
 thirtieth day of June, one thousand eight 
 humored and eighty-seven: those of the eighth 
 and ninth districts, at the expiration of the 
 following term, and so on in continuous ro- 
 tation, lollowing the order in which the said 
 senatorial districts are numbered respectively. 
 Vacancies in said board shall be filled by the 
 governor as they occur, according to the fore- 
 going regulations, or from any other cause. 
 
132 School Laws and Decisions 
 
 79. The board of regents shall from time 
 to time establish such departments of educa- 
 tion in literature, science, art, agriculture and 
 military tactics as they may deem expedient, 
 and as the funds under their control may war- 
 rant, and purchase such materials, imple- 
 ments and apparatus, as may be requisite to 
 proper instruction in all said branches of 
 learning, so as to carry out the spirit of the 
 act of Congress aforesaid, approved July 
 second, one thousand eight hundred and sixty- 
 two. 
 
 [Section 80, as amended by Chapter 5, Acts 1887.] 
 
 80. The said board shall establish and de- 
 clare such rules and regulations and by-laws 
 not inconsistent with the laws of this State, 
 or the United States, as they may deem neces- 
 sary for the proper organization, the tuition 
 of students and good government of said 
 University and the protection of public prop- 
 erty belonging thereto. They shall appoint a 
 superintendent of the buildings and grounds, 
 a secretary for said board and also atreasurer, 
 who shall be menbers of the faculty of the 
 University, and shall not receive any compen- 
 sati©n for services as such superintendent, 
 secretary and treasurer. No salary shall be 
 paid to the secretary of the executive commit- 
 tee. From the said treasurer thev shall take 
 
OF West Virginia. 133 
 
 a bond with ample security, and conditioned 
 according to law, for the faithful keeping and 
 disbursing such money as is herein, or may be 
 hereafter appropriated, and such other money 
 as may be allowed by said board to come into 
 his hands from time to time; they shall also 
 settle with him. annually or oftener if they 
 think best; inspect annually all the property 
 belonging to said University and make a lull 
 report of the condition, income, expenditures 
 and management of said University, annually, 
 to the governor ; to be by him laid before the 
 Legislature. 
 
 81. The. board shall have power to create a 
 preparatory department to said University, 
 and establish any other professorships than 
 those indicated heretofore, if the same be 
 deemed essential; to fix the salaries of the 
 several professors, and to remove them for 
 good cause, but in case of removal the con- 
 currence of a majority of the regents shall be 
 required, and the reasons for a removal shall 
 be communicated in a written statement to 
 the Governor. 
 
 [Section 82, as amended by Chapter 5, Acts 1887.] 
 
 82. Besides prescribing the general terms 
 upon which students may be aduitted, and 
 the course of their instruction, the said re- 
 
134 School Laws and Decisions 
 
 gents are still further empowered to admit as 
 students or cadets of said University, from 
 each senatorial district in the State, not more 
 than eight young men who are not less than 
 sixteen nor more than twenty-one years of age^ 
 whose term of service shall not be less than 
 two nor more than five years, to be appointed 
 by the regent of each senatorial district ; the 
 admission in each case to be made upon un- 
 doubted evidence of a fair moral character. 
 But should no application be made from any 
 or all of said senatorial districts, then the va- 
 cancies may be filled from the State at large : 
 Provided, That no more than five cadets shall 
 be appointed from any one county. 
 
 83. The cadets admitted under ihe provis- 
 ions of the preceding section shall be entitled 
 to all the privileges, immunities, educational 
 advantages, and benefits of the University, 
 frea of charge for admission, tuition, books 
 and stationery, and shall constitute the public 
 guard of the University, and of the public 
 property belonging thereto; and of the ord- 
 nance and ordnance stores, and camp and 
 garrison equipage, of which a sufficient sup- 
 ply shall be kept in the arsenal belonging to 
 the institution. And the professors and the 
 students of the University receiving instruc- 
 tion in military tactics and the art of war, 
 
OP West Virginia. 135 
 
 shall be individnally and collectively responsi- 
 ble for the preservation and safe-keeping of 
 all arms and camp equipage belonging to said 
 institution. 
 
 84. All reasonable expenses incurred by 
 said regents in discharging the duties hereby 
 Imposed upon them (not, however, including 
 wages or per diem compensation) shall be 
 allowed by the governor and paid out of the 
 treasury of the State, in like manner as other 
 sums are drawn therefrom: Provided^ hoio. 
 ever, That such expenditure shall not exceed 
 five hundred dollars per annum. 
 
 85. The president, board of regents and 
 faculty may graduate any student of the uni- 
 versity found (after proper examination) duly 
 qualified, and shall certify the same by affix- 
 ing the seal of the university to his diploma. 
 
 86. The fund derived from the sale of Uni- 
 ted States land warrants which have been do- 
 nated to this State for the purpose of endow- 
 ing an agricultural college, shall be invested 
 by the governor in a loan of public stock of 
 the United States, or otherwise, as required 
 by Congress, for the use and benefit of the 
 said university. 
 
136 School Laws and Decisions 
 
 Agricultural Experiment Station at the West 
 Virginia University, 
 
 ■ [Passed February 21, 1889.] 
 
 [86a. Whereas, The Congress of the Uni- 
 ted State has in its wisdom seen fit to appro- 
 priate the sum of fifteen thousand dollars an- 
 nually for the establishment and maintenance 
 of an agricultural experiment station in this 
 State, to aid in acquiring and diffusing among 
 the people useful and practical information on 
 the subjects connected with agriculture, and 
 to promote scientific investigation and experi- 
 ment respecting the principles and applications 
 of aggricultural science, to be established in 
 connection with and under the direction of 
 the college of this State, established in ac- 
 cordance with the provisions of an act ap- 
 proved July 2nd, 1862, entitled, <'An act do- 
 nating public lands to the several States and 
 Territories which may provide colleges for the 
 benefit of agriculture and the mechanic arts," 
 and, 
 
 Whereas, The West Virginia University 
 by an act of the Legislature of West Virginia, 
 entitled, "An act, for the regulation of the 
 West Virginia Agricultural college," passed 
 February 7th, 1867, and other acts of the 
 Legislature amendatory, thereof, is the insti- 
 tution of this State receiving the benefits of 
 the above mentioned land grant fund ; and, 
 
OF West Virginia. 137 
 
 Whereas, fn accordaDce with the provi- 
 sioDS of section 9 of the afore- mentioned act 
 of Congress establishiog said expeiiment sta- 
 tions, the governor of v\ est Virginia has ac- 
 cepted for the West Virginia University the 
 congressional appropriation for the establish- 
 ment of an agricultural experiment station, 
 and 
 
 Whereas, The board of regents of the 
 West Virginia University, in accordance with 
 section 1, of the afore-named congressional 
 act, approved March 2nd, 1887, has estab- 
 lished a department in the West Virginia Uni- 
 versity, known as "the West Virginia Ag- 
 ricultural Experiment Station," which is now 
 in fall working order and issuing regular bul. 
 letins for the diffusion of information among 
 the people of the State, as required by law; 
 and which is now well and thoroughly equip- 
 ped with chemical laboratories, apparatus and 
 machinery, and has a staff of scientific men 
 employed and carrying on the work contemp- 
 lated in the congressional act, therefore, 
 
 Be it enacted hy the Legislature of Wtst Virginia. 
 I. That the State of West Virginia hereby 
 assents to and accepts from the government 
 of the United States the grants ot money au- 
 thorized by said act of congress, and assents 
 to the purposes of said grants. 
 
138 School Laws and Decisions 
 
 II. The bulletins and annual reports re- 
 quired to be published under section four of 
 said act, shall be printed at the expense of 
 the State, by the State printer, in such edi- 
 tions or numbers as the mailing list of the ex- 
 periment station shall indicate as being re» 
 quired, and shall be distributed by the station 
 free of all charge to farmers and other citi- 
 zens of the State desiring the same. J 
 
 West Virginia Strife Normal School. 
 
 87. The ''West Virginia State Normal 
 School," established under and by virtue of 
 the act passed February twenty seventh, one 
 thousand eight hundred and sixt} -seven, en- 
 titled "An act for the establishment of a Stale 
 Normal school,'^ shall be and remain at Mar- 
 shall College, in the county of Cabtll, as pro. 
 vided in said act, and all the provisions of 
 said act, and of all other acts in relation 
 thereto, shall be, and remain in full force, ex- 
 cept so far as the same may be altered by this 
 chapter. For the government and control of 
 said school and its branches, there shall be a 
 board of regenls, consisting of the State Su- 
 perintendent of Free Schools, together with 
 one person from each congressional district in 
 the State, to be appointed by the governor, 
 who shall be called the "Regents of the Stale 
 
OF West Virginia. 139 
 
 Normal school,'' and as such may have a com- 
 mon seal, sue, and be sued, plead and be im- 
 pleaded, contract and be contracted with, and 
 take, hold and possess real and personal 
 estate for the use of said school. The trans- 
 fer and convej'ance by the board of super- 
 visors of Cabell county of the lands and 
 buildings of Marshall College, and of the real 
 estate heretofore conveyed by the Central 
 Land Company of West Virginia to the re- 
 gents of said school heretofore appointed, is 
 hereby accepted, confirmed and legalized. 
 But in case the said school should at any time 
 hereafter be removed from the said Marshall 
 College, the said property so conveyed shall 
 revert to and be vested in the county court 
 for the use of the said county of Cabell. 
 
 Tenure of Office, Powers and Duties of 
 Regents. 
 
 88. The regents appointed by the governor, 
 as aforesaid, shall hold their office during his 
 pleasure. The said school shall be under the 
 general supervision and control of the said 
 regents. They shall have full power and au- 
 thority to adopt and establish such by-laws, 
 rules and regulations for its government as 
 they may deem necessary and proper, to effect 
 the object of its establishment, not inconsist- 
 
140 School Laws and Decisions 
 
 ent witli the laws of this Stale. They shall 
 fix the number and compensation of the teach- 
 ers, and others to be employed thereia, and 
 appoint and remove the same; prescribe the 
 preliminary examination of pupils, and the 
 terms and conditions on which they shall be 
 received and instructed in said school; the 
 branches of learning to be taught in each de- 
 partment thereof; and shall determine the 
 number of pupils to be received in the normal 
 department of said school, from each county 
 or judicial circuit of this State, conforming as 
 nearly as possible to the ratio of population 
 therein, and the mode of selecting them. The 
 pupils admitted into the normal department 
 of said school shall be admitted to all the 
 privileges thereof, free from all charges for 
 tuition, or for use of books or apparatus; but 
 every such pupil shall pay for all books lost 
 by him or any damage done by him to such 
 books or apparatus; and any pupil in said 
 school may be dismissed therefrom by said 
 regents, or by the executive committf e, sub- 
 ject to the approval of the regents, for im- 
 moral or disorderly conduct, or for neglect or 
 inability to perform his duties. The State Su- 
 perintendent of Free Schools shall prepare 
 suitable diplomas to be granted to the stu- 
 dents of the normal department of said school, 
 who have completed the course of study and 
 
OF West Virginia. 141 
 
 discipline prescribed by said regents. The 
 said regents may establish a pay department 
 in saidlchool, whenever the accommodations 
 thereof will admit of the same, and may ad- 
 mit into such department so many paying 
 students as can be accommodated therein from 
 this or any other Stae, giving preference to 
 the citizens of this State, whether they desire 
 to become teachers of schools or not. They 
 may cause to be taught in the said department 
 of said school, all or any of the branches of 
 learning usually taught in colleges and sem- 
 inaries, and for that purpose may establish 
 therein the necessary professorships. They 
 may also make all the necessary rules and 
 regulations for the government of the said de- 
 partment, and prescribe the tuition and terms 
 of admission therein. The said school shall 
 continue to be called and known by the name 
 of "Marshall College '' 
 
 CCAT Girls sh^ll not he l^ss than ihirte<^n and boys not 
 less than tourieen vears of age before receiving? appoint- 
 ments to anv of ihe State Normal Schools. . 
 
 CCVII 'liie number of persons woo may receive appoint- 
 ments to'the n-rmal schools of the State i- one thousand, di- 
 vided a^v^ong the counties according to populaiiun. 
 
 CCYIII The Peabody fund, given bv the general agent 
 to this State, has bepn and will be used in aiding teachers 
 institutes and normal schools, as the instructions of the 
 trustee' of that fund are to use it to aid in the education of 
 
 ^CCVIX Tt is th°! practice to allow persons attending either 
 of the StaV Normal schwls, under appointment, to teach 
 one term of school each year if desired, and yet hold the ap- 
 pointmnnt. Tlip same rule.is held to be good in case of col- 
 ored teachers attending the West Virginia Colored Institute. 
 
142 School Laws and Decisions 
 
 89. The said regents shall appoint three in- 
 telligent and discreet persons, residents of the 
 county of Cabell, who shall constitute an ex- 
 ecutive committee for the care and immediate 
 management and control of said school, sub- 
 ject to the rules and regulations prescribed by 
 the regents. Said committee shall (subject to 
 the control of said regents), designaie the 
 person to take charge of the boarding depart- 
 ment of said school, and fix the price to be 
 paid for board therein. They shall from time 
 to time make full and detailed reports to said 
 regents of the condition, working and pros- 
 pects of said school, and shall perform such 
 other duties in relation thereto as the said re- 
 gents may from time to time prescribe. 
 
 Branch of the State Normal School at Fair^ 
 mont. 
 
 90. The branch of the state normal school 
 established at Fairmon'-, under and in pur- 
 suance of the act passed March fourth, one 
 thousand eight hundred and sixty-eight, en- 
 titled, "an act providing for the purchase of 
 the West Virginia normal school at Fairmont," 
 shall be and remain at that place, and all pro- 
 visions of said act shall remain in full f jrce, 
 except so far as the same may be altered by 
 this chapter. Said school shall be under the 
 
OF West Virginia. 143 
 
 jurisdiction and control of the regents of the 
 state normal school, in the same manner and 
 to the same extent as the state normal school 
 at Marshall College. 
 
 Branch of the State Normal School at West 
 Liherty. 
 
 91. The branch of the state normal school 
 established at West Liberty, under and in pur- 
 suance of the act passed March first, one 
 thousand eight hundred and seventy, entitled 
 "an act to establish a branch normal school 
 at West Liberty, in Ohio county, " shall be 
 and remain at that place, and all the provis- 
 ions of said act shall remain in full force, ex- 
 cept so far as the same may be altered by this 
 chapter. Said school shall be under the juris- 
 diction and control of the regents of the state 
 normal school, in the same manner and to the 
 same extent as the state normal school at 
 Marshall College. 
 
 Branch Normal School at Glenville. 
 
 92. The branch of the state normal school 
 established at Glenville, under and in pur- 
 suance of the act passed the nineteenth day of 
 February, one thousand eight hundred and 
 seventy-two, entitled "an act to establish a 
 
144 School Laws and Decisions 
 
 branch normal school at Glenville, Gilmer 
 county," shall be and remain at that place, 
 and all the provisions of said act shall remain 
 in full force, except so far as the same may 
 be altered by this chapter. Said school shall 
 be under the jarisdiction and control of the 
 regents of the state normal school, in the same 
 manner and to the same extent as the state 
 normal school at Marshall College. 
 
 Branch Normal School at Shephenhtown. 
 
 93. The branch of the state normal school 
 established at Shepherdstown, under and in 
 pursuance of the act passed and approved 
 February fourteenth, one thousand eight 
 hundred and seventy-two, entitled <'an act to 
 establish a branch normal school at Shep- 
 herdstown, in the county of Jefferson," shall 
 be and remain at that place, and all the pro- 
 visions of said act shall remain in full force, 
 except so far as the same may be altered by 
 this chapter. Said school shall be under the 
 jurisdiction and control of the regents of the 
 state normal school, in the same manner and 
 to the same extent as the state normal school 
 at Marshall College. 
 
 Branch Normal School at Concord. 
 
 94. The branch of the state normal school 
 
OP West Virginia. 145 
 
 at Concord, in Mercer county, established by 
 the act passed the twenty-eighth day of Feb- 
 ruary ,one thousand eight hundred and sev- 
 enty-two, entitled "an act to locate a branch 
 state normal school at Concord, in the county 
 of Mercer, shall be and remain at that place, 
 and all the provisions of said act shall remain 
 in full force, except so far as the same may 
 be altered by this chapter. Said school shall 
 be under the jurisdiction and control of the 
 regents of the state normal school in the same 
 manner and to the same extent as the state 
 normal school at Marshall College. 
 
 Providing for the Support of the State Normal 
 School and its Branches. 
 
 95. The principals of the state normal 
 school and its branches shall make, at the 
 close of each term theieof, to the president of 
 the board of regents, in addition to the annual 
 rep0rts required of them", a report, under oath, 
 of the number of non-paying normal school 
 pupils, and the number of pa37iDg pupils in 
 the several departments of the school in act- 
 ual monthly attendance during said term. 
 
 LSection 96 as amended by Acts of 1887 and further amended 
 by Aots of 1891.] 
 
 96. The president of the board- of regents 
 
146 School Laws and Decisions 
 
 of the State Normal School and its branches, 
 upon receipt of the reports required in the 
 ninety- fifth section of this chapter, shall fur- 
 nish the Auditor of the State with the num- 
 ber of the non-payicg Normal pupils in actual 
 monthly attendance in each of the said Nor 
 mal Schools, and the number of months of 
 actual attendance, upon the receipt of which 
 report, and upon the requisition of the presi- 
 dent of the board of regents, the said audi- 
 tor shall issue to the executive committee of 
 each of said schools, warrants upon the treas- 
 ury of the State for the amount due said 
 schools, at the rate of three dollars and fifty 
 cents per month for every non-paying Normal 
 pupil reported as in monthly attendance. A 
 sum not to exceed three thousand dollars each 
 year is hereby appropriated for each of the 
 Normal Schools, payable out of the treasury 
 of the State. The State Superintendent of 
 Free Schools shall, "if possible, in every year, 
 make arrangements with some suitable insti- 
 tution of learning in this State for the educa- 
 tion and Normal school-training of a number 
 of colored teachers, in the proportion to the 
 colored population of the State which thenon- 
 paying white students in the Normal Schools 
 bear to the white population of the State; but 
 the amount to be paid for each of said colored 
 teachers shall not exceed the sum herein 
 
or West Virginia. 147 
 
 specified for each noD -paying white student; 
 and an additional sum to the extent necessary 
 to pay the tuition of said colored students, is 
 hereby appropriated, payable out of the treas- 
 ury of the State in each year, as provided for 
 in the next section, upon the requisition of 
 the State Superintendent of Free Schools. 
 
 CCX. " 'Actual monthly attendance' of a non-paying pu- 
 pil during any month of a schorl term, may be an attend- 
 ance hona fide for a portion of the month. Sickness might 
 prevent constant attendance duriug any month, yet if the 
 pupil was in attendance in good faith during part of the 
 month, when able to attend, the school would be entitled 
 to $3.50 for such pupil for that month. * * The words 'ac- 
 tual monthly attendance' are used in the statute, so as to 
 plainly prohibit pay being drawn lor constructive monthly 
 attendance." 
 
 "The attendance of the pupil must have commenced ma 
 month and in good faith, with an intention of continuing. If 
 the pupil does not attend at all during any month * * the 
 law prohibits any pay being given."— ^^/rec^ Caldwell, At- 
 torney General. 
 
 [Section 97 as amended Vy Ch. 9, Acts 1891.1 
 
 97. If any normal school does not earn the 
 amount of its annual appropriation of three 
 thousand dollars, as aforesaid, in any year, 
 the board of regents of the State Normal 
 School and its branches are hereby authorized 
 to expend in their discretion the unearned 
 amount of its annual appropriation in the 
 payment of teachers in another or others of 
 €uch schools; and the auditor shall issue his 
 warrants for such expenditures on the order 
 of said board. 
 
148 School Laws and Decisions 
 
 Dealings with Students Prohibited, 
 
 98. If any money be lent or advanced, or 
 anything be sold or let to hire, on credit to or 
 for the the use of any student or pupil under 
 twenty-one years of age. at the West Virginia 
 University, the West Virginia State Normal 
 School or any of its branches, or any incorpora- 
 led college in the State, without the previous 
 permission, in writing, of his or her parent or 
 guardian, or Ihe president or principal of such 
 institution, nothing shall be recovered there- 
 for, and there shall, moreover, be forfeited to 
 the State, by the person giving such credit, 
 twenty dollars, and the amount or value of 
 such thing. When such selling, letting, lend- 
 ing or advancing is by an agent, such forfeit, 
 ure shall be by his principal, unless the prin- 
 cipal shall within ten days after he has knowl- 
 edge or information of the selling, letting, 
 lending or advancing, give notice, in writing, 
 ef the date, nature and amount thereof to the 
 president or other head of the institution, in 
 which case the forfeiture shall be by the 
 agent. 
 
 Acfs Repealed. 
 
 2. All acts and parts of acts coming within 
 the purview of this chapter, and inconsistent 
 therewith, are hereby repealed. 
 
OF West Virginia. 149 
 
 The West Virgi7iia Schools for the Deaf and 
 Blind. 
 
 (Acts of 1871, amended in 1887.) 
 
 [98a. I That the name of the West Vir- 
 ginia Institution for the Deaf, Dumb and 
 Blind be and the same is hereby changed to 
 that of "The West Virginia Schools for the 
 Deaf and the Blind " 
 
 The board of regents of the West Virginia 
 Schools for the Deaf and the Blind shall con- 
 sistof seven members, not more than two of 
 whom shall be appointed by the Grovernor 
 from each congressional district, who shall 
 constitute collectively a body corporate with 
 powers to rent, purchase and convey real es- 
 tate, and with all other powers necessary for 
 the carrying on of the institution for the edu- 
 cation of the deaf and blind youth of West 
 Virginia, established under the act passed 
 March third, eighteen hundred and seventy, 
 and to be kaown as The Board of Begents of 
 the West Virginia Schools for the Deaf and 
 the Blind." Said board shall appoint one of 
 their number as president, and in case of his 
 absence a president pro tern; shall also ap- 
 point a secretary, and all orders, drafts ©r 
 requisitions for money from the State shall be 
 signed by their secretary and countersigned 
 by the president. Said board shall meet as 
 
150 School Laws and Decisions 
 
 hereinafter provided, and shall hold such other 
 meetings as they may think necessary. Ex- 
 tra meetings may be called by the president or 
 by any three members of the board by notify, 
 ing the other members of the time and place 
 of the meeting and of the nature of the busi- 
 ness which renders an extra meeting neces- 
 sary; any three members of said board shall 
 constitute a quorum for the transaction of all 
 ordinary business, but for the appointment to 
 and removal from oflSce of any of the officers 
 and teachers of said institution, the concur- 
 rence of the majority of the members of said 
 board shall be necessary. 
 
 II. It shall be the duty of the principal un- 
 der the direction of the board to superintend 
 the affairs necessary for the proper conduct of 
 the institution, and to make such general 
 regulations as may be necessary for the suc- 
 cessful management of the same, and to pur- 
 chase such books and apparatus as may be 
 necessary for the efficient working of the in- 
 stitution. 
 
 III. Said board shall appoint all necessary 
 teachers and assistants, and shall provide the 
 furniture, fixtures, apparatus and other things 
 necessary for the comfort and convenience of 
 inmates of the institution. 
 
Of West Virginia. 151 
 
 IV. The principal and matron shall reside 
 in the institution, and the steward and teach- 
 ers in or ne^r it. All salaries shall be fixed 
 by the boatd of regents and shall be paid 
 quarterly out of the funds appropriated by 
 the Legislature. 
 
 V. The board of regents shall employ as 
 visiting physician of the institution a phys- 
 ician of respectable standing in his profession, 
 and it shall be his duty to render all the 
 medical assistance necessary to its inmates, 
 and fix his salary not to exceed two hundred 
 dollars, to be paid in the same manner as a 
 teacher. 
 
 VI. The principal and steward shall give 
 bond with approved security in such amount 
 as the board of regents may direct, for the 
 faithful discharge of their respective duties. 
 
 VII. The board of regents shall prescribe 
 such by-laws, rules and regulations for the 
 government and conduct of the institution 
 under their charge as shall secure the harmo- 
 nious and efficient management of said insti- 
 tution m all its parts. They shall require 
 such reports from the principal, steward, ma- 
 tron and physician as in their opinion the 
 institution may demand, and they shall an- 
 
152 School Laws and Decisions 
 
 nually, on or before the first day of December, 
 report to the Governor all the facts and cir- 
 cumstances in connection with the conduct 
 and progress of the institution, with a careful 
 statement of all the receipts and disburse- 
 ments of the same, and shall accompany their 
 annual report with such recommendations and 
 suggestions as will enable the State efficiently 
 to foster and promote the enterprise of edu- 
 cating the deaf, dumb and blind youth within 
 its limits. The fiscal year of the institution 
 shall end on the last day of September, and 
 the accounts of the institution shall be kept 
 with reference to said fiscal j^ear ; and there 
 sball be an annual meeting of said board on 
 the third Thursday in October in each and 
 every year. 
 
 VIII. The board of regents may provide in 
 said institution accommodation for all the 
 oflScers, assistants and employees,, and for all 
 the deaf, dumb and blind youth resident of 
 the State of West Virginia who may apply for 
 admission to the said institution, between the 
 ages of eight and twenty-five years, and for 
 such other deaf, dumb and blind persons as 
 may apply for admission as paying pupils, 
 under such regulations as said board may di- 
 rect, but all youth admitted must be of sound 
 mind and not afflicted with any contagious or 
 offensive disease. 
 
OF West Virginia. 153 
 
 IX. All such deaf, dumb and blind youth 
 residents of the State of West Virginia be- 
 tween the ages of eight and twenty-five years, 
 shall be admitted to pupilage in the institu- 
 tion on application to the principal; until the 
 institution is filled, applicants shall be ad- 
 mitted in the order of their application, and 
 it shall be the ducy of the principal to keep a 
 careful record of the names of all pupils ad- 
 mitted with the dates of their admission and 
 discharge, their age, post-office address, the 
 name of their parents or guardians, the degree, 
 cause and circumstances of their deafness or 
 blindness. All such deaf, dumb and blind 
 pupils shall be admitted as above directed 
 without charge for board and tuition; and 
 when not other ;;vise provided with clothing 
 they shall be furnished by the institution 
 while they are pupils in the same, and the 
 principal shall make out an account therefor 
 in each case against the respective counties 
 from which said pupils are sent, in an amount 
 not exceeding forty dollars per annum for 
 every such pupil, which account shall be cer- 
 tified by the principal and countersigned by 
 the secretary, and which shall be transmitted 
 by the principal to the clerk of the board of 
 supervisors of the county from which such 
 pupil was sent, and such board of supervisors 
 of such county shall at their next annual levy 
 
154 School Laws and Decisions- 
 
 pmvide for the payment of the same out of 
 such county levy to the said principal for the 
 use of the said institution. The term of pu- 
 pilage shall be five years at least, and for so 
 much longer time as in the discretion of the 
 board and principal their condition and pro- 
 gress weuld seem to justify. After all the?, 
 applicants between the prescribed ages of eight 
 and twenty-five years have been admitted, if 
 there is still room, the principal may admit 
 other deaf and dumb and blind persons on 
 application who may be of suitable age to re- 
 ceive any advantages of the institution, and 
 upon such terms as the board may prescribe, 
 but it shall be distinctly understood that suchv 
 persons shall withdraw from the institution ini;i 
 the order of the dates of their admission to , 
 make room for new applicants between the . 
 ages herein already prescribed. 
 
 X. The course of instruction in the institu^^ 
 tion shall be prescribed by the board of regents ^ 
 with the advice of the principal, and shall be. • 
 as extensive both in the intellectual, musical, i 
 aed mechanical departments, as the capa^cities ^ 
 and interests of the pupils may require. 
 
 XI. In addition to their other duties the 
 assessors of the State are hereby reqiiired to 
 register in a bock, to be furnished them bp; 
 
OP West Virginia. 155 
 
 the auditor for the purpose, the name of all 
 the deaf and the blind persons in their respec- 
 tive districts, with the degree acd cause of 
 deafj^ess and blindness in each case as far as 
 can be ascertained from the heads of families, 
 or from other persons whom the assessors may 
 conveniently consult, their ages, the names of 
 their parents or guardians, their post-office 
 address, and such other circumstances as may 
 constitute useful statistical information in 
 making the said institution promptly efficient 
 in ameliorating the condition of the deaf and 
 the blind by education. They shall complete 
 the registration as early as possible, in the 
 first annual assessment after the passage of 
 this act, and shall for ward their report direct-. 
 ]y to the auditor, who shall if practicable 
 before the first day of July, or as soon there- 
 after as possible, make an alphabetical ab- 
 stract of all the facts furnished him by the 
 assessors' reports, and shall send the same by 
 mail to the principal of the West Virginia 
 schools for the deaf and the blind, acd said 
 principal is hereby further required to put 
 himself in immediate correspondence with all 
 the deaf aad blind persons, of suitable age 
 and condition, mentioned in the auditor's ab- 
 stract, with a view to their admission as pupils 
 into the West Virginia schools for the deaf 
 and the blind. The assessors shall receive 
 
156 School Laws and Decisions 
 
 for the extra duties hereby imposed, the same 
 compensation as is now allowed them for the 
 registration of births and deaths, and shall 
 be liable to the same penalties for failure to 
 discharge these duties.] 
 
 Apportionment of Congressional Endowment 
 
 to the West Virginia University and West 
 
 Virginia Colored Institute, 
 
 [Chapter 65, Acts 1891.] 
 
 98&. An act accepting the provisions of the 
 act of Congress, approved August thirtieth, 
 eighteen hundred and ninety, entitled "An 
 act to apply a portion of the proceeds of the 
 public lands to the more complete endowment 
 and support of the colleges for the benefit of 
 agriculture and the mechanic arts, established 
 under the provisions of an act of Congress, 
 approved July second, eighteen hundred and 
 sixty -two," and pr©viding for the apportion- 
 ment of said endowment according to the pro- 
 visions of said act. 
 
 Whereas, The Congress of the United 
 States of America, by an act approved Au- 
 gust thirtieth, eighteen hundred and ninety, 
 entitled, "An act to apply a portion of the 
 proceeds of the public lands to the more com- 
 plete endowment and support of the colleges 
 for the benefit of agriculture and the mechanic 
 
 ■^■»^ 
 
OF West Virginia. 157 
 
 arts, established under the provisions of an 
 act of Congress approTed July second, eight- 
 een hundred and sixty-two," made an appro- 
 priation to each state and territory of fifteen 
 thousand dollars for the year ending June 
 thirtieth, eighteen hundred and ninety; and 
 an annual increase of said appropriation there- 
 after for ten years by the additional sum of 
 one thousand dollars over the preceding year, 
 after which time the annual amount so appro- 
 priated will be twenty-five thousand dollars, 
 for the more complete endowment and main- 
 tenance of the colleges established under the 
 act of Congress last aforesaid, ''to be applied 
 only to instruction in agriculture, the mechanic 
 arts^ the English language, and the various 
 branches ©f mathematical, physical, natural 
 and economic science, with special reference 
 to their application in the industries of life; 
 and to the facilities for such instruction," 
 and 
 
 Whereas, By a proviso in said act no 
 State can obtain the benefits thereof, where 
 facilities are not provided for the instruction 
 of colored students in said branches of study, 
 either in the same institution or in separate 
 institutions, and the legislatures of the sever- 
 al States are required to make an equitable 
 division of said annual appropriation where 
 such separate institutions are provided, and 
 
158 School Laws and Decisions 
 
 report the same to the Secretary of the Inte- 
 rior, and 
 
 Whereas, The Constitution of the State of 
 West Virginia forbids the education of white 
 and colored youths in the same State schools, 
 and this State having heretofore made no pro- 
 vision for the separate education of colored 
 youth in agriculture and the mechanic arts; 
 and the enumeration of the white and colored 
 youths of this State, of school age, being 
 about. 250, 000 white and 12,000 colored, it 
 being the duty of this State to indicate a rea- 
 sonable proportion of said appropriations to 
 be set apart annually for the instruction of 
 the colored youth of the State, the sum of 
 $3,000 is hereby indicated as an equitable 
 portion of said appropriations for five years 
 from the date of the passage of this act, 
 and after that time $5,000 as long as such ap- 
 propriation continues; and 
 
 Whereas, By the terms of the said act of 
 the Congress of the United States, approved 
 August thirtieth, eighteen hundred and ninety, 
 it is ne3essary, in order to enable this State to 
 share in the appropriations so made and to be 
 made under the provisions of said last recited 
 act, for the legislature to accept of the pro- 
 visions of said act for and on behalf of this 
 State, and to make proper and suitable pro- 
 visions for the said act upon which this State 
 
OF West Virginia. 159 
 
 will be entitled to her distributable share of 
 said appropriations, and to designate the ins- 
 titutions of learning to become the benefieiaries 
 of said appropriations, and the officer of this 
 State to whom the money shall be paid by the 
 United States for the use of Si,id beneficiaries. 
 Therefore, 
 
 Be it enacted hy the Legislature of West Vir- 
 ginia: 
 
 I. The Legislature of the State of West 
 Virginia hereby accepts for said State, the 
 terms and provisions of the said act of the 
 congress of the United States approved Au- 
 gust thirtieth, eighteen hundred and ninety, 
 for the ©bjects and purposes mentioned and 
 declared therein, and designates "The West 
 Virginia University," established in pursuance 
 of the Act of the Congress of the Uaited States 
 passed July 2, 1862, and a subsequent act 
 passed by said congress on April ly, 1864, at 
 Morgantown, in the county of Monongalia in 
 this State, as the beneficiary of said appropri- 
 ation for the instruction of white students, 
 and an institution to be located and provided 
 for the purpose as hereinafter required and 
 directed in the county of Kanawha, to be 
 called "The West Virginia Colored Institute, " 
 for the beneficiary of said appropriation for 
 
160 School Laws and Decisions 
 
 the instruction of colored students to be paid 
 t© each in the proportion mentioned in the 
 preamble to this act. And the said institu- 
 tion by the name of "The West Virginia Col- 
 ored Institute,'' shall have and hold all the 
 property, funds, rights, powers and privileges 
 hereinafter mentioned. 
 
 II. For the government and control of said 
 instiiute there shall be a board of regents con- 
 sisting of five competent, intelligent and dis- 
 creet persons, not more than three ef whom 
 shall belong to the same political party, ap- 
 pointed, from time to time as occasion may 
 require, by the govern or, to be called the 
 "Regents of the West Virginia Colored Insti- 
 tute," and as such board they may sue and be 
 sued, plead and be impleaded, and have a com- 
 mon seal. They shall have care, custody and 
 control of the property and funds of the insti- 
 tute, and may accept from any person or per- 
 sons, gifts of money, or property for the use 
 of said institute, and all such money and 
 property when so received by them shall be 
 held in trust by them for the use and benefit 
 of the institute, and applied thereto as the do- 
 nors may have directed, and if no such direc- 
 tion have been given, as a majority of the re- 
 gents may determine. 
 
OF West Virginia. 161 
 
 III. The board of regents shall from time to 
 time establish such departments of education 
 in literature, science, art and agriculture, not 
 inconsistent with the terms of the several acts 
 of Congress hereinbefore referred to as they 
 deem expedient, and as the funds under their 
 control will warrant, and purchase such ma- 
 terials, implements, and apparatus as may be 
 requisite to the proper instruction of said "col- 
 ored students in all said branches of learning 
 as to carry out the intent and purposes of said 
 acts of Congress. 
 
 IV. The said board shall establish and de- 
 clare such rules, regulations and by-laws, not 
 inconsistent with the laws of the United States 
 or of this State, as they may deem necessary 
 for the proper organization, the tuition of the 
 students and the good government of the in- 
 stitute, and the protection of the property be- 
 longing thereto. All reasonable expenses in- 
 curred by said regents in the discharge of their 
 duties hereby imposed upon them shall be al- 
 lowed by the governor and paid out of the 
 treasury of the State, in like manner as other 
 charges on the treasury are paid. 
 
 V. The treasurer of this State is hereby 
 designated as the officer to receive from the 
 secretary of the treasury of the United States 
 
162 School Laws and Decisions 
 
 the said several sums of money so to be paid 
 to this State aforesaid, for the uses and pur- 
 poses aforesaid. He shall keep an exact ac- 
 count of the moneys so received, and shall 
 place to the credit of each of said beneficiaries 
 thereof, its due proportion of the same. The 
 sums so placed to the credit of the West Vir- 
 ginia University shall be paid out by him on 
 the orders of the board of regents thereof, and 
 the sums so placed to the credit of the West 
 Virginia Colored Institute, shall be paid out 
 by him on the orders of the board of regents 
 of said Institute. An said treasurer shall in- 
 clude in his biennial report to the governor a 
 statement of his receipts and disbursements 
 under the provisions of this act. 
 
 VI. It shall be the duty of the board of the 
 school fund to proceed with all reasonable 
 dispatch to procure the necessary quantity of 
 farming land not exceeding fifty acres in all 
 in some suitable and proper locality in the 
 county of Kanawha, with a title thereto clear 
 and unquestionable, and to erect the necessary 
 buildmgs and make the necessary improve- 
 ments thereon, for the purposes ©f this act, 
 and to comply in good faith with the terms 
 and conditions, and to carry into effect the 
 objects and purposes of the acts of congress 
 in making said appropriations. 
 
or West Virginia. 163 
 
 VII. And in order to enable said board to 
 perform the duties required of them by this act, 
 the sum of ten thousand dollars is hereby ap- 
 propriated and placed at their disposal, paya- 
 ble out of any money in the treasury not 
 otherwise appropriated; provided, that said 
 board may in their discretion borrow the said 
 sum of ten thousand dollars from the ' school 
 fund" mentioned in section 4 of article XII 
 of the consti^'ution of this State, at six per 
 cent interest per annum, and execute the bonds 
 of the State therefor, payable with interest as 
 aforesaid, not more than ten years from the 
 date thereof. 
 
 Wtst Virginia Reform School. 
 
 [Passed February 11. 1889.] 
 
 [98c. I. An institution to be called '*The 
 West Virginia Reform School," is hereby estab- 
 lished, and shall hereafter be carried on in a 
 suitable building or buildings for the purpose, 
 to be erected by the State at such locality as 
 may be selected in accordancie with this act. 
 This institution shall be under the control of 
 a board of directors hereinafter provided for. 
 
 II. The board of directors shall be com- 
 posed of six members, and no more than four 
 of them of the same political party. The gov- 
 
164 School Laws and Decisions 
 
 ernor shall nominate, and by and with the ad- 
 vice and consent of the Senate, appoint said 
 directors. The first board of directors so ap- 
 poioled shall be divided into three classes 
 equal in number, being two in each class. 
 Those in the first class shall hold their office 
 for two years, those in the second for four 
 years, and those in the third class for six 
 years ; and in every second year after the ap- 
 pointment of the first board of directors, the 
 governor shall nominate, and by and with the 
 the advice and consent of the Senate, appoint 
 two directors, instead of those whose terms 
 will expire in that year, and the terms of such 
 two directors shall commence on the first day 
 of April of the year of their appointment, and 
 continue six years. The governor may in like 
 manner, fill any vacancy that may occur in 
 the board, and any one appointed a director 
 by him during a recess of the senate shall 
 hold the office till the next session of the sen- 
 ate thereafter. No more than two of said 
 board of directors, and not more than one of 
 any class, shall be residents of the county in 
 which the institution is located. 
 
 Ill The board of directors shall biennially 
 choose one of their body to be president of 
 the board, and in his absence shall choose a 
 president ^jro tempore. A majority of the 
 board shall constitute a quorum, but the board 
 
bv West Virginia, 165 
 
 may in its discretion designate business^ of a 
 nature by it to be specified, which may be 
 transacted by a stated number of directors 
 less than a quorum. 
 
 IV. The board of directors shall make such 
 by-laws, ordinances, rules and regulations 
 relative to the management, government, in- 
 struction, discipline, training, employment 
 and disposition of the minors in the reform 
 school, not contrary to law, as they may deem 
 proper, and shall appoint such officers, agents 
 and servants as they may deem necessary to 
 transact the business and carry on the opera- 
 tion of said reform school, and may desig- 
 nate their duties. 
 
 V. The board of directors shall make an 
 annual report to the governor of all their 
 transactions, of the number of minors re- 
 ceived by them into said reform school, the 
 disposition which shall be made of such 
 minors, by instructing or employing them 
 therein or by binding them out as apprentices; 
 the receipts and expenditures of said board of 
 directors, and generally all such facts and 
 particulars as may tend to exhibit the effect, 
 whether beneficial or otherwise, of said reform 
 school. 
 
166 School Laws and Decisions 
 
 VI. The manner of receiving inmates into 
 the West Virginia Reform School shall be ia- 
 either of the following modes, namely: First. 
 Male minors under the age of sixteen jears 
 may be committed by a justice of the peace 
 of any of the counties in the State, on com- 
 plaint and due proof made to him by the 
 parent, guardian or next friend of such 
 minor, that by reason of incorrigible or vicious 
 conduct, such minor has rendered his control 
 beyond the power of such parent, guardian or 
 next friend, and made it manifestly requisite 
 that from regard for the morals and future 
 welfare of such minor and the peace and 
 order of society, he should be placed in the 
 West Virginia Reform School. Second. Male 
 minors under the age of sixteen years may 
 be committed by the authority aforesaid, 
 when complaint and due proof have been made 
 that such minor is a proper subject for said 
 reform school by reason of vagrancy or of in- 
 corrigible or vicious conduct, and that from 
 the moral depravity or otherwise of the parent, 
 guardian or next friend, in whose custody 
 such minor may be, such parent, guardian or 
 next friend is incapable or unwilling to exer- 
 cise proper care and discipline over such in- 
 corrigible or vicicus minor. Third. Such 
 male minors under the age of sixteen years as 
 their parents, guardian or next friend may 
 
OF West Virginia. 167 
 
 desire to place therein for temporary restraint 
 and discipline, where parents, guardian or 
 next friend shall agree and contract with the 
 board of directors for their support and main- 
 tenance. And fourth. Male minors commit- 
 ted by the several courts of the State, as pro- 
 vided by section 7 of this chapter, 
 
 VII. Whenever any male minor, under the 
 age of sixteen years, shall be convicted in any 
 of the courts of this State of felony, or a mis- 
 demeanor, punishable by imprisonment, the 
 judge of said court in his discretion and with 
 reference to the character of the Beform 
 School as a place of reform and not of pun- 
 ishment, instead of sentencing said minor to 
 be confined in the penitentiary or county jail, 
 may order him to be removed to and confined 
 in the said Reform School : Provided, That 
 in all cases, no such transfer of any such 
 minor from any county shall be made until 
 due notice has been given to the Superintend- 
 ent of the Reform School, and an answer re- 
 ceived from him that there is room in the 
 Reform School for such minor. 
 
 VIII. It shall be the duty of the justice of 
 the peace when committing a vagrant or in- 
 corrigible or vicious minor, under this chapter 
 to the Reform School, in addition, to the com- 
 
168 School Laws and Decisions 
 
 mitment, to annex the names and residences 
 of the different witnesses examined before him 
 and tbe substance of the testimony given by 
 them respectively, on which the adjudication 
 was founded. And the same duty shall be 
 performed by the clerk of the court, the judge 
 whereof, shall make such commitment. 
 
 IX. In all proceeding's before justices of 
 the peace for the committmeat of minors to 
 the Reform School under the first and second 
 clauses of section 6 of this chapter, the jus- 
 tice shall appoint some discreet person guar- 
 dian ad litem for such minor, whose duty it 
 shall be to represent the interest of said minor 
 and see that no injustice is done him, and the 
 guardian ad litem shall have' the right to de- 
 mand a jury of twelve men to try the truth of 
 the charges made against said minor, and said 
 jury shall be selected and said trial conducted 
 in the same manner as is provided by law for 
 the trial of criminal cases before justices by 
 juries. 
 
 X. The West Virginia Reform School shall 
 be exclusively charged with the reformation 
 and care of male minors, but white and col- 
 ored inmates shall be kept separate. 
 
 XI. The board of directors shall have power 
 
OF West Virginia. 169 
 
 to bind out male children committed to their 
 care, with the consent of such children, as ap- 
 prentices during their minority to such person 
 and place, whether in or out of the State, and 
 to learn some proper trade and employment 
 as in the judgment of said board will be most 
 conducive to the reformation and future bene- 
 fit and advantage of such children, and the 
 indentures by which said children shall be 
 bound, shall contain the covenants and provi- 
 sions prescribed by chapter eighty-one of the 
 Code of West Virginia, relating to master and 
 apprentices, and all the provisions of said 
 chapter shall apply to apprentices bound un- 
 der this section, so far as applicable. 
 
 XII A commission consisting of the State 
 Superintendent of Free Schools, and one mem- 
 ber from each congressional district of the 
 State to be appointed by the governor, shall 
 within four months after this act becomes in 
 force as a law, select such locality as it may 
 deem best as the site for the West Virginia 
 Reform School, and procure a good title to 
 such site, and report their action to the gov- 
 ernor as soon as such selection is made and 
 the title procured. And as soon as practic- 
 able after said report is made to the governor, 
 the "board of directors" herein provided for, 
 shall contract for and cause to be constructed 
 
170 
 
 School Laws and Decisions 
 
 ©n the said site, such building or buildings as 
 may be needed in carrying out the provisions 
 of this act. Provided, That the sum to be ex- 
 pended for said site and for constructing said 
 building, shall at no time exceed the appro- 
 priation for said purpose. 
 
 XIII. The sum of five thousand dollars to 
 be paid out of the State fund for the fiscal 
 year ending September 30, 1889, and five 
 thousand dollars to be paid out of the State 
 fund for the fiscal year ending September 30, 
 1890, is hereby appropriated out of any money 
 in the treasury not otherwise appropriated to 
 be used in procuring said site for said Reform 
 School, and in providing suitable buildings 
 and accommodations for the same, and in car- 
 rying on said Reform School when established; 
 and the reasonable expenses of the commis- 
 sioners herein provided for, selecting a site 
 for the said Reform School, shall be allowed 
 and paid out of said money hereby appropri- 
 ated. 
 
OF West Virginia, 171 
 
 CHAPTER LVl, ACTS 1879. 
 
 An Act to regulate the prices of class books 
 used in the free schools of this State. 
 
 [Passed March 7, 1879.] 
 
 Be it enacted hy the Legis la ture of Wes t Virginio : 
 1. It shall be the duty of the State Superin- 
 tendent of Free Schools on or before the first 
 day of July, one thousand eight hundred and 
 seventy- nine, to solicit and receive proposals 
 from the several publishers of the class books 
 described in section fifty -eight of the school 
 law of the State (including those used in the 
 independent school districts and the Normal 
 School and its branches) and used in the free 
 schools of the State, and to contract with said 
 publishers to furnish their said publications 
 for the supply and use of the schools afore- 
 said. Provided^ Said publishers shall agree 
 to furnish said described class books in ad- 
 equate quantities for the supply of the said 
 schools, and in quality of paper, typography, 
 and binding, equal to the samples contracted 
 for; copies of which shall be deposited by 
 said publishers in the office of the State Su- 
 perintendent of Free Schools, and that said 
 publishers shall agree and contract that their 
 said publications as described and now used 
 in the schools of the State shall be sold to the 
 pupils or patrons of the schools throughout 
 
172 School Laws and Decisions 
 
 the State, at a special retail price not to ex- 
 ceed the wholesale price now established, or 
 any reduced wholesale price that may be here- 
 after established by said publishers, or by 
 other publishers of similar and equally suit- 
 able books upon the same subject, for the 
 sale of their respective publications. And 
 provided further, That said publishers shall 
 agree to furnish to any merchant or dealer* 
 who may desire to purchase, and to agents iR 
 each county of the State, their said described 
 publications for cash, or its equivalent, at a. 
 discount of not less than sixteen and two- 
 thirds per cent, from the regular wholesale 
 prices now established, or any reduced whole- 
 sale price which may be hereafter established 
 as aforesaid, for the sale of such class books. 
 And 2^ fovided further^ That the price of such 
 books shall not exceed the lowest wholesale 
 price charged by the publishers to any other 
 State, firm or person. 
 
 2. The several publishers of the said de- 
 scribed school books, shall, on or before the 
 first day of July, one thousand eight hundred 
 and seventy- nine, execute and file with the 
 State Superintendent of Free Schools, a bond 
 in the penalty of ten thousand dollars, pay- 
 able to the State of West Virginia, conditioned 
 for the faithful performance of the contract, 
 
OF West Virginia. 173 
 
 and agreement made in pursuance of this act, 
 and upon a breach of any of the conditions of 
 such bond the State Superintendent shall, in 
 the name of the Slate, institute suit thereon to 
 recover the same. All moneys so recovered, 
 after payment of the costs of such proceed- 
 ings, shall be paid into the general school 
 fund, and be distributed with it as provided 
 by law. 
 
 3. If any of the publishers of the said class 
 books now in use, or adopted as hereinafter 
 provided, shall fail or refuse, on or before the 
 first day of July, one thousand eight hundred 
 and seventy- nine, to agree and contract to fur- 
 nish for a period of five years from euch date 
 their respective publications, as required for 
 use in the schools of the State, on the terms 
 and conditions imposed in this act, or shall 
 fail or refuse to execute and file the bond re- 
 quired in section two of this act, then it shall 
 be the duty of the State Superintendent of 
 Free Schools to solicit proposals from other 
 publishers for the supply of other books re- 
 quired to complete the list of class books for 
 the use of the schools of the State, and from 
 the books so offered he shall select the book 
 or books best adapted, in his judgment, to be 
 used in said schools: Provided, That the 
 publishers of the same shall agree and con- 
 
174 School Laws and Decisions 
 
 tract to furnish said book or books upon the 
 same ternjs and conditions imposed in sections 
 one and two of this act. And to exchange 
 the books that may be in use at the time such 
 agreement or contract is made for the books 
 selected in lieu thereof, upon such terms as 
 may be provided by the State Superintendent 
 of Free Schools, which exchange price shall 
 not be more than one-half of the retail price 
 agreed upon for such new book or books. 
 
 4. The State Superintendent of Free Schools 
 shall, in all contracts made with the publish- 
 ers, require said publishers to publish for the 
 information of county superintendents, boards 
 of education, and for general circulation, the 
 full schedule of the contract prices agreed 
 upon, specifying the retail price to the pupils 
 and patrons of the schools, and the special 
 wholesale price to such merchants, agents and 
 dealers of each book prescribed for use in the 
 said schools; and each county superintendent 
 shall cause to be posted in each school house 
 in his county, and at each place where such 
 books are sold, the schedule of contract retail 
 prices of school books, for the information of 
 the general public. And it shall be the duty 
 of any publisher furnishing books under this 
 act to print in letters on the outside of the 
 
OF West Virginia. 175 
 
 back of each of such books the retail price 
 thereof. 
 
 5. If any retail dealer eogaged in the sale 
 of any of said books, shall charge and receive 
 therefor a greater sum than the retail price so 
 published, he shall be deemed guilty of a 
 misdemeanor, and on conviction thereof, shall 
 be fined not less than five dollars nor more 
 than twenty dollars for each offense. 
 
APPENDIX. 
 
 Information, Fornns, and Instructions For 
 School Officers, Teachers, Etc. 
 
 ELECTIONS. 
 
 Section 65 of the School Law which de- 
 fined the duties of the State Superintendent 
 as to the holding of school elections, and 
 the elections of county and district school 
 officers, has been greatly modified by the 
 amendment and re-enactment of section 2 of 
 the School Law, by which the school election 
 in May has been abolished, and the election 
 of all school officers, together with the vote 
 upon levies, has been made to correspond 
 with the general election in November, all of 
 which are held under the provisions of Chap- 
 ter III. of the Code of West Virginia, as 
 
178 School Laws and Decisions 
 
 amended by Chapter XXV. of the Acts of 
 1893. 
 
 There are now but three elections which 
 may come under the supervision and di- 
 rection of ihe Board of Education, the 
 first being that defined in section 2 of the 
 School Law, wherein it is provided that if 
 at the election in November, a majority of 
 the ballots cast have printed or written 
 thereon "Against School Levy," no levy 
 shall be made by the Board for the year 
 next succeeding. But it shall be the duty 
 of said Board to cause a special election to 
 be held on the Tuesday of the first Monday 
 in November next thereafter, at which the 
 question of levy, or no levy, shall in like 
 manner be ao:ain submitted to the people 
 for their decision, and if a majority of the 
 ballots cast at such special election be 
 "For School Levy," such levy shall be 
 made, as hereinbefore required. Of every 
 such special electiou, the Secretary of the 
 Board of Education of the district shall 
 give notice by posting the same at each 
 place of voting in the district at least ten 
 days before the day on which the same is 
 to be held. This special election should 
 be held according to the methods of con- 
 ducting the general elections of the State, 
 and the Board in compliance therewith, 
 
OF West Yirginia. 179 
 
 should appoint the necessary officers to con- 
 duct the said election at each voting place in 
 the district. 
 
 The second case in which a Board of Edu- 
 cation may order an election is upon the ques- 
 tion of the establishment of a High School, 
 as provided in sections 24 and 25 of the 
 School Law. These elections should be con- 
 ducted by officers appointed by the Board, on 
 the Tuesday after the first Monday in No- 
 vember, if it be a year in which no other 
 elections occur on that date, but if there be a 
 general election on that day, then the Board 
 should in due time certify the matter to the 
 Board of Ballot Commissioners, who will see 
 to it that on the ticket to be used in the 
 district in which it is proposed to establish 
 the Hi^h School, there will be printed ''For 
 the High School," and "i\ gainst the High 
 School," and the election will be conducted 
 under the provisions of the general election 
 law. 
 
 A third instance in which a Board may au- 
 thorize an election to be held is upon the 
 question of an increased rate of levy beyond 
 50 cents on the $100 for the support of 
 ^'Graded Schools," after the same have been 
 established by a vote of the people. In 
 the case of an election upon the question 
 of establishing a "graded school, " the vote 
 
180 School Laws and Decisions 
 
 should be taken at tbe November election un- 
 der the provisions of the general election law, 
 and recommendations should be made by the 
 Board to the Ballot Commissioners. If the 
 question be upon the extension of a term of 
 school in a sub-district which has been made 
 a graded school by order of the Board, 
 the vote should be taken in the said sub-dis- 
 trict by officers appointed by the Board, and 
 the same should be held not later than the 
 10th of Mav, so that the increased rate of 
 levy, if authorized, may be certified to the 
 assessor in time to be extended on his books. 
 The board may establish a graded school by 
 its own order when the levy necessary to sup- 
 port the school does not exceed 50 cents on 
 the $100. If it exceeds 50 cents then the 
 people must vote upon the question of estab- 
 lishing the said graded school. 
 
 Boards of education should carefully ob- 
 serve the requirement of them by the latter 
 part of the first paragraph of section 2 of the 
 School Law, wherein it is provided that upon 
 the application of the Board of Education of 
 any district they (the Board of Ballot Com- 
 missioners), shall have printed on the ballots 
 the words "For — Months School," and 
 "Against Months School." This deter- 
 mines the question for four years to come, 
 beginning with the ensuing 1st of July, and 
 
OF West Virginia. 181 
 
 if Boards of Education neglect to comply with 
 this provision, but four months of school can 
 be had for these years. 
 
 If the clerk of the county court finds that 
 there is a tie in the vote for County Superin- 
 tendent, he shall give notice to the presidents 
 of the several boards of education of his 
 county, to meet at the court house on a day 
 to be fixed by him, to choose by vote one of 
 the candidates for County Superintendent. 
 See School Law, seciion 2. 
 
 In case of a tie for members of the Board 
 of Education, the County Superintendent 
 shall give the caslicg vote. See section 5. 
 
 ORDER OF PROCEEDINGS AT THE FIRST AN- 
 NUAL MEETING OI THE BOARD AF- 
 TER THEIR ELECTION. 
 
 [See Sections.] 
 
 1. Appoint a secretary. 
 
 2. Appoint three trustees for each sub- 
 district. 
 
 3. Determine the number of months the 
 schools shall be taught in the district during 
 the school year. 
 
 4. Determine the number of teachers that 
 may be employed in the sub districts, allow ■ 
 ing at least one for each school house. 
 
 5. Fix the salaries of teachers according to 
 the grade of certificate. 
 
182 School Laws and Decisions 
 
 6. Ascertain the average salary of teachers 
 per month. 
 
 7. Ascertain the whole number of months 
 to be taught in the district. 
 
 8. Determine the aggreo;ate amount of 
 money necessary to pay all the teachers. 
 
 9. Ascertain the unexpended balance of the 
 teachers' fund in the hands of the sheriff, 
 due the district from last year, after paying 
 all salaries due teachers the preceding year. 
 
 10. Ascertain any other moneys available 
 to the teachers' fund. 
 
 1 1 . Deduct these amounts from the aggre- 
 gate amount necessary to pay all the teachers, 
 
 12. Lay the district levy for teachers' 
 fund, large enough to cover this amount, 
 making proper allowances for exonerations, 
 delinquencies and commissions. 
 
 The following examples will be convenient 
 for reference in making levies for school pur- 
 poses. 
 
 Number of teachers 1o be employed in 
 
 the district 20 
 
 Number of months to be taught during 
 
 the year 4 
 
 Whole number of months to be taught 
 
 in the district 80 
 
 Average salary of teachers $ 30 
 
 Amount of money to pay all teachers. . 2,400 
 Deduct amount on hand, including ap- 
 
OF West Virginia. 183 
 
 portionment to the district from 
 
 general school fund, say 1,100 
 
 A mount to be levied for teachers' fund 1,300 
 
 To find the average salaries of the teachers, 
 fix the salaries according to grade, say : 
 
 For a No. 3 certificate 25 
 
 For a No. 2 certificate 35 
 
 For a 'No. 1 certificate 45 
 
 Divide by the number of grades 3)105 
 
 Average salary of teacher per month . . $35 
 
 To ascertain the number of cents to be lev- 
 ied on every one hundred dollars' valuation 
 of property in the district to raise $1,300 by 
 taxation, suppose the whole valuation in the 
 district to be $500,000. 
 
 Rule — Drop the cents, if any, and add 
 four ciphers to the amount in dollars to be 
 raised by the levy, and divide by the amount 
 in dollars of taxable property. 
 
 Example: 
 
 500,000)13,000,000(26 cents. 
 1,000,000 
 
 3,000,000 
 3,000,000 
 
184 School Laws and Decisions 
 
 Similar calculations should be made in re- 
 lation to the Building Fund. 
 
 14. Determine the method and enter it on 
 record, for calling special meetings of the 
 board when necessary. 
 
 FORM NO. I. 
 
 form of orders to be entered of record by 
 the board op education. 
 
 Office op the Board op Education | 
 
 OP . . . . District, in the County op ... . j 
 
 At a meeting of the Board, held on the . . . 
 day of , 18.., present, presi- 
 dent, and and .... members of the board. 
 
 On motion of , it is ordered that. . . . 
 
 be, and he is hereby appointed Secretary of 
 this Board. 
 
 On motion, it is ordered that the following 
 named persons be appointed trustees in the 
 followiyg named f-ub districts, for a term of 
 three years, and until their successors are ap- 
 pointed and qualified: 
 
 Trustees fo?' Sub-Distriet No. i. 
 Trustees for Sub-District No. 2. 
 
OF West Virginia. 185 
 
 On motion of , it is ordered that the 
 
 schools of this district shall be taught 
 
 months during the present school 3 ear. 
 
 On motion of , it is ordered that the 
 
 salaries of teachers per month, for the school; 
 year, shall be as follows, according to the 
 grade of their certificate: For grade No. 1, 
 S . . . . ; for grade No. 2, $....; for grade No. 
 3, $.... 
 
 It having been ascertained by the Board 
 that it will be necessary to raise by levy, for 
 the payment of teachers' salaries for the cur- 
 rent year, m addition to the available funds. 
 
 on hard, $...., On motion of , it i& 
 
 ordered that the tax of .... cents on the one 
 hundred dollars' valuation of the real estate 
 and personal property of the district be levied 
 for that purpose. 
 
 (A similar order should be entered in rela- 
 tion to the levy for Building Fund.) 
 
 On motion of , it is ordered that the 
 
 president and secretary of this board be auth- 
 orized to sign, in vacation, all proper orders, 
 for the payment of money out of the teach- 
 ers' fund or the building fund, for the sala- 
 ries of teachers employed and claims allowed 
 by the board, and that they report the amounts, 
 drawn for on each fund, to tne next meeting 
 of this board. 
 
 The secretary of this board made a report 
 
J 86 School Laws and Decisions 
 
 this day for the several orders drawn by him 
 and the president^ on the sheriff on account 
 of the teachers' fund and the buildicg fund, 
 respectively, since the last meeting of the 
 board, which is as follows : An order on the 
 
 teachers' fund in favor of , a teacher, 
 
 for $....; also, an order in favor of , 
 
 a teacher, for . . . ; also an order on the build- 
 ing fund, in favor of . . . . , for work done on 
 
 school house, for $....; and also an 
 
 order in favor of . . . . , for furnishing wood 
 for school houses, for $ . . . . 
 
 On motion of it is ordered that when 
 
 in the opinion of Ihe president, or of the two 
 commissioners it is deemed necessary the 
 president or secretary may call a special meet- 
 ing of this board. 
 
 On motion the board does now adjourn * 
 * * [to meet upon a certain day if so 
 agreed, or sine die.'j 
 
 President. 
 
 Secretary. 
 FORM NO. II. 
 
 ORDER OF APPOINTMENT TO FILL A VACANCY IN 
 THE BOARD OF TRUSTEES. 
 
 [To be entered in records of the board.] 
 
 There being a vacancy in the board of trus- 
 
OF West Virginia. 187 
 
 tees in sub-district No , in the district of 
 
 (occasioned hy the removal, resigna- 
 tion^ &c., as the case may he'), on motion of 
 
 , it is ordered that be, and he 
 
 is hereby appointed to fill said vacancy for 
 the unexpired term, and till his successor shall 
 be appointed and qualified. 
 
 NOTE.— This order of appointment should be entered in 
 th« record bjok of the board of education at a regular meet- 
 ine, and a copy of it signed by the secretary of the b.ard 
 served upon the appointee. 
 
 FOIiM NO. III. 
 
 appointment of a member of the board of 
 education to fill a vacancr. 
 
 Office of County Superintendent, 
 
 OF THE County of 
 
 P. 0., W. Ya., 189. 
 
 It having been made known to me that 
 there is a vacancy in the board of education 
 
 in district in my said county, 
 
 I county superintendent of said 
 
 county, in pursuance of the authority vested 
 
 in me by law, hereby appoint 
 
 to fill the vacancy in said board for the 
 
 unexpired term. 
 
 County Superintende7it. 
 
 ]S^oTB.— When there are more than one vacancy in the 
 board of education, it will be proper for the county superin- 
 tendent to fill up the board by appointment. See section 5. 
 
188 School Laws and Decisions 
 FORM xVO. IV. 
 
 oath of office. 
 
 State of West Virginia^ County of . ... to wit: 
 
 1, do solemnly swear (or afflrn]) 
 
 that I will support the Constiiution of the 
 United States*, and the Constitution of this 
 State, and that I will faithfully discharge the 
 
 duties of my office of to the best 
 
 of my skill and judgment. So help me God. 
 
 A B ~ . 
 
 Sworn to and subscribed before me, 
 
 a justice of the peace, the .... day of 
 
 , 189.. 
 
 C D , J. P. 
 
 1 
 
 •) 
 
 FORM NO. V. 
 
 Form to he vsed in the Settlement hy the Sheriff 
 
 with the several Boards of Education ^ on 
 
 or before the 30th day of June 
 
 in Each Year. 
 
 Sheriff of county, in 
 
 account with the Teachers' Fund of 
 
 district for the year ending June 30, 189.. 
 
OF West Virginia. 
 
 189 
 
 DR. 
 
 To balance due District on settlement for the year 
 
 ending June 30, 189 
 
 To amount due Irom State School Fund for thf 
 
 year ending June 30, 189 
 
 To cents levi*^d on a valuation of $ for the 
 
 year ending June 30, 189 
 
 To amount received from other sources for the 
 
 year ending June 30, 189 
 
 [Itemize each sum received from "other sour- 
 ces," giving date, amount and from whom 
 received.] 
 
 Total debits 
 
 Cts. 
 
 CR. 
 
 By balance due sheriff on settlement for the year 
 ending June 30. 189 
 
 By sundry school orders paid to dat^- 
 
 [The No., date and name of person to whom 
 
 each order was drawn with the actual amount 
 
 paid thereon by the officer presenting it, should 
 
 be given in detail.] 
 
 By commission at 5 per cent, on net district 
 levies 
 
 By 2 per cent, commission on railroad levy 
 
 By exonerations — (Name each person exonerated, 
 "the name and for what year the exoneration is 
 made.) 
 
 By delinquent list for the year ending June 30, 
 189 
 
 Total credits. 
 
 Balance due district (or sheriff, as the case 
 may be) 
 
 Cts. 
 
190 School Laws and Decisions 
 FORM NO. VI. 
 call for special meeting. 
 Office of 
 
 District, 
 
 County, W. Va. } 
 
 189.. 
 
 It appearing to , that a special 
 
 meeting of the board of education of said dis- 
 trict is necessary to transact business relating 
 
 to and other matters, 
 
 a meeting; is hereby called at 
 
 at. . . .o'clock. . . .M., and you are requested 
 to be present. 
 
 Secretary^ 
 
 To 
 
 FORM NO. VII. 
 i or transfer. 
 District 
 
 County, W. Va. y 
 
 Sub-District, No y 
 
 189.. 
 
 It appearing to the undersigned trustees of 
 said sub district that the pupils herein, 
 named are so situated as to be better accom- 
 modated in sub dis'rict No District., 
 
OF West Virginia. 191 
 
 county, W. Va.; this is to certify 
 
 that said trustees have this day, as required 
 by law, transferred thereto the following 
 
 pupils of our sub-district, viz: 
 
 being the 
 
 children of This 
 
 transfer is to commence on the.... day of 
 
 189 .. , and continue in force 
 
 months. 
 
 To the Trustees of ^ I 
 
 Sub-Dlst. No. . .of [ J> Trustees. 
 
 .... Dlst , j I 
 
 Cour^ty^ W. Va. J J 
 
 On the reverse of the transfer (Form VII ) 
 the following endorsement may be made: 
 
 Transfer of scholars from sub-dis- 
 trict No .... , of .... district, county, 
 
 to sub-district No . . , of .... district, .... 
 county, W. Va. 
 
 We, the trustees of the last named sub-dis- 
 trict, this day ^accept the within trans- 
 fer in accordance with sec. 12 school law, 
 ,189 
 
 1 
 
 *0r refuse to 
 
 y Trustees. 
 
 i 
 
 J 
 
192 School Laws and Decisions 
 
 . NOTE — Trustees acceptins transfers from other districts 
 should transmit them to their bo ird of education, there to be 
 kept on file for the iuforraation of the board in makiug set- 
 tlement for the amouut due for the transferred pupils. 
 
 Trustees making transfers should furnish their board with 
 information of all transfers mad« by them toeuable the board 
 to provide for the payment of the pro rata expenses of the 
 transferred pupils. The following form may ba Uaed by the 
 trustees: 
 
 To the president of the hoard of education of 
 
 district: 
 
 This is to certify that +,he undersigned trus- 
 tees of .... district have transferred as re- 
 quired by law pupils, the children of 
 
 , from this sub-district No . . . . , of 
 
 ..... district, county, to begin on 
 
 the .... day of , 189 . . , and continue 
 
 .,.,-.. .months. 
 
 1 
 
 ^ Trustees. 
 
 I 
 J 
 
 FOKM NO. VIII. 
 
 FORM OF AGREEMENT BETWEEN TRUSTEES AND 
 TEACHER. 
 
 This Contract Witnesseth, That , 
 
 a school teacher holding a No ... . teacher's 
 
 certificate, of the first part, and and 
 
 trustees of sub- district No. . . . in 
 
OF West Virginia. 193 
 
 the district of , and county of , 
 
 West Virginia, of the second part, have this 
 day agreed that said ...... shall teach the 
 
 Free School in said sub-district, for the term 
 
 of months, commencing on the. . . .day 
 
 of , 1 89 . . , for the sum of ... . dollars 
 
 per month, and that for said services, properly 
 rendered, the trustees aforesaid will, (as pre- 
 scribed by law), pay the amount of salary due 
 said . . according to the terms cf this contract. 
 
 The trustees whose signatures are hereunto 
 affixed met together as required by sec. 13 of 
 the School Law. 
 
 Witnesseth our hands, this day of 
 
 , 189.. 
 
 Teacher. 
 
 • 1 
 
 I 
 
 ^ Trustees, 
 
 I 
 J 
 
 FORM NO IX. 
 
 FORM OF COUNTY SUPERINTENDENT'S CERTIFI- 
 CATE TO THE AUDITOR UF DISTRIBUTION 
 OF STATE FUND FOR HIS COUNTY. 
 
 OFFICE COUNTY SUPERINTENDENTFREE SCHOOLS 
 
 P. 0., Co., W. Va...... 189 
 
 To the Auditor of the S ate of ^'est Virginia: 
 Sir: The following shows the apportion- 
 
194 
 
 School Laws and Decisions 
 
 ment made by me to the several school dis- 
 tricts of the county of , for the 
 
 school year commencing July 1st, 189 . . 
 
 Wbole amount certified by Stat^ Sunerinteii'lent . $ 
 
 Amount deduct'-d lor salary of County ^uDe^'ntendent 
 
 Whole amount distributed to the several s-chool dist's 
 
 Amount distributed t<» each school district respectively; 
 
 Pa\ ment of Sept 15. Paym'i. of Dec. 15. Total, 
 
 To . District, $ 
 
 
 $ 
 
 
 $... 
 
 
 To " 
 
 To " 
 
 
 
 
 To . " 
 
 
 
 
 
 
 To .... " 
 
 
 
 
 
 
 To " 
 
 
 To " 
 
 To . " 
 
 
 
 
 
 
 ¥0 ' 
 
 
 
 
 
 
 To " 
 
 
 
 
 
 
 To " 
 
 
 if 
 
 
 ?. 
 
 
 Totals - - $ 
 
 
 
 
 ^ .1 
 
 indbpend't dist. I 
 
 
 ? 
 
 
 $... 
 
 
 To District, $ 
 
 To " 
 
 To " 
 
 
 
 
 
 
 To •' 
 
 
 $ 
 
 -Ill 
 
 $... 
 
 
 To...... " 
 
 To " 
 
 _■ 
 
 $ 
 
 of. 
 
 County Superintendent 
 " ounty, 
 
 NoTB. — Section 22 of the School Law requires County Su- 
 perintendents to apportion the State Fund aiDrng; the sev- 
 eral districts of their respective counties and forward a re- 
 port of same on this form to the Auditor. 
 
OF West Virginia, 195 
 
 FORM NO. X. 
 
 COUNTY superintendent's CERTIFICATE TO 
 
 SECRETARIES OF THE AMOUNT OF 
 
 RAILROAD TAX. 
 
 Office County Su]pevintendent Free Schools: 
 
 189 
 
 To the Secy Board of Education of, ... . . . . 
 
 District: 
 You are hereby notiSed that the amount 
 due your District for School purposes (Teach- 
 ers' and Building Fund,) and chsrgable to 
 the Sheriff on the respective accounts of 
 Teachers' and Building "und in proportion to 
 the rate of levy for each, for 1he school year 
 ending J uly J , 186 , from the 
 
 Kailroad Company is 
 
 Dollars. 
 
 100 
 
 Given under my hand ihis ... day of , . . . 
 189.. 
 
 Dated 1 89 . . CoiuHy Supt Co. 
 
 NOTE.— When the County Superintendent is notified by 
 the Auditor of the amount paid into the treasury by the rail- 
 road company to the credit of any district for school pur 
 poses; OP, is notified of the amount of railroad tax certified 
 by the Auditor to the sheriff of the couBty for coJlectiOn for 
 schuol purposes, he should, without delay, notify (on this 
 
196 School Laws and Decisions 
 
 blank form 17,) the Secretaries of the respective Boards of 
 Education of the amounts due them from the different rail- 
 road companies that, have property in the district. The Sec- 
 retaries of the Boards when they are notified as above di- 
 rected, should divide the amounts so reported, between the 
 Teachers' an 1 Building Funds in x>foportion to the rate of 
 lewj made for each. The respective amounts should then be 
 charged up to the sheriff on account of the respective funds. 
 
 FORM NO. XI. 
 
 couNTy superinttjndent's certificate to 
 
 secretaries of the amount of 
 
 state fund. 
 
 Office of County Supfrintendent ) 
 Free Schools, j 
 P.O, 
 
 Co., W. Va., 189 
 
 To the Secretary of the Board of Education of 
 
 District: 
 
 It is hereby certified, that the amouut of 
 State School Kund apporliODed to your dis- 
 trict for the school year commencing on the 
 
 1st day of July, 189 .. , is dollars. 
 
 Enumeration for 1 89 . . , (corrected) 
 
 County Superintendent. 
 
 note.— This amount will be paid to the sheriff of the 
 county in two installments — one half September 15th and 
 one-half December I5th next, provided your Board levy for a 
 sufficient sum, which, together with the balance on band, 
 luuds from other .sources, and this State Fund, will pay for 
 having the schools of your district taught for at least four 
 
OF West Virginia. 197 
 
 months in the year: Provided, the rate of levy does not ex- 
 ceed 50 cents on The lldO valuntion, or unless a special 
 levy has been laid. You will charge the sheriff with the above 
 amount on accuunt of the Teacher^' Fund. 
 
 As soon as the ("ounty Superintendent receives notice from 
 the State Superintendent of the amount apportion' d to 
 his county, he should apportion :he amownt amoQe: the re- 
 spective districts and independent districts, according to 
 the number of youth between 6 and 12 in each, ascertained 
 by the last enumeration and notify the respective Secreta- 
 ries on this blank (Form XI.) without delay. 
 
 FOKM NO. Xa. 
 
 assessor's notice to secretaries of valua- 
 tion OF personal property. 
 
 Office of Assessor of County. 
 
 To the Secy of the Bonrd of Educativn of. . . 
 district : 
 
 The assesf c I valuation of the personal prop- 
 erty in your district on the first day of Janu- 
 ary, 189 .. , aggregates 
 
 Given under my hand the .... day of . . . . 
 189.. 
 
 P. 0. Address, Assessor. 
 
 (See Sections 43 and 44 of the School L&w .) 
 
 Note.— This not ice should be sent to the S' cretarles at the 
 verv earliest mom* nt possit»le. as it is very important to 
 have it on the first Mt nday m July, at the aniiual it^eeting of 
 ihe Kcard ol Educaiion. 
 
198 School Laws and Decisions 
 FORM NO. XIll. 
 
 COUNTY clerk's NOTICE TO SKCRETARIES OF 
 
 ASSESSED VALUATION OF REAL 
 
 ESTATE. 
 
 Office Clerk County Court, 
 
 County^ W. Va, 
 
 To the Secretary Board of Education of 
 
 District : 
 The assessed valuation of the Real Estate 
 in your district on the first day of January, 
 189 . , aggregates $ 
 
 ICO 
 
 Clerk oj County Court. 
 
 Note — This iuformation shou'd b^". eiven the Secretaries 
 at the very earliest mom'^nt possible, as frequent d-'lays oc- 
 cur in the mails, Ac, aad it is very important for th<^ Board 
 to hav<^ it at its annual meeting, the first Monday ia July 
 [See Section 43 or School 1-aw.] 
 
 FORM NO. XIV. 
 
 COUNTY clerk's NOTICE OF DELINQUENT LISTS 
 TO SECRETARIES. 
 
 Office Clerk County Court ^ 
 
 County. 
 
 To the Secy Board of Education 
 
 District: 
 The Sheriff is entitled to credits for the 
 Delinquent List (including property errone- 
 
OF West Virginia. 199 
 
 ously and improperly charged) for the year 
 ending June 80, 189 . . 
 
 On Real Estate for Teacher's Fund, - $ 
 
 On Personal Property for Teacher's Fund, $ 
 
 Total for Teacher's Fund, - - - - % 
 
 On Eeal Estate for Building Fund, - - $ 
 
 On Personal Property for Building Fund, $ 
 
 Total for Building Fund, - - - - $ 
 
 You -will charge the Sheriff with the follow- 
 ing amounts, certified by the Auditor, as paid 
 to the Sheriff on account of redemptions of 
 delinquent lands paid into the Treasury be- 
 fore sale: 
 
 For Teacher's Fund - - - - $ 
 
 For Building Fund - - - - $ 
 
 Given under my hand the day of 
 
 189.. 
 
 Clerk of County Court, 
 
 See Section 48. School Law. 
 
2G0 School Laws and Decisions 
 
 FORM NO. XV. 
 
 secretarie's notice to county superin- 
 tendent, ASSESSOR AND COUNTY CLERK 
 OF RATE OF LEVIES. 
 
 Office of ^ecrdary Board of Education. 
 
 P. O... 189.. 
 
 *To 
 
 of County. 
 
 At a meetiDg of the Board of Education of 
 
 District of said C©unty, hel3 on 
 
 the .... day of 189.., it was 
 
 ordered that Levies for the conduct of the 
 Free Scheols of the District for the year be- 
 ginning the 1st day of July, 189. . be made 
 for the respective Funds at the following 
 rates: 
 
 For Teachers's Fund, .... cents on the 
 $100 va'uation. 
 
 For Building Fund, .... cents on the $1C0 
 valuation. 
 
 Respectfully, 
 
 S^^crttary, 
 
 *NoTE. — Writ", A.<^sesf-or, Clerk of the County Court or 
 County Superiiitendenl a8 ih** case may be. Each must be 
 notified promptly. See Section 44 o' the School Law. 
 
INDEX 
 
 AGRICI'LTURAL EXPERIMP:XT STATION. 
 
 Establishiiieiit of and general provisions re- 
 garding, p. lo6, s. 8()a. 
 
 ALCOHOLIC PRINKS AND NARCOTICS. 
 
 The eltects npon the hnnian system, special in- 
 
 strnctions in, i). 30. 
 Subject to he taught as thoroughly as other 
 
 branches, p. 30. 
 Duty of school othcers regardinu' teaching of, 
 
 p. 30. 
 
 ASSESSOR. 
 
 To certify value of personal property to secre- 
 tary of board of education, when, p. 80, 
 s. 4*3, d. clxxvi. 
 
 Penalty imposed on for failure to certify value 
 of personal property to secretary, p, 00, s. 
 44. 
 
 Penalty for eharging greater amount of taxes 
 than is due, p. ^)1, s. 44. 
 
 Eines against, how collected, p. Wl, s. 44. 
 
 Form of delinquent list of pers(jnal property, 
 to be used bv, p. 100, s. 47. 
 
Index. 
 
 AUDITOR. 
 
 Not to pay State Fund to districts not making 
 local levy, p. 88, s. 42, d. clxxv. 
 
 Delinquent list to be certified to, p. 101, s. 48, 
 d. clxxxviii. 
 
 To include school taxes on real estate in delin- 
 quent list furnished sheriff for sale for de- 
 linquent taxes, p. 102, s. 49. 
 
 To deduct salary, &v., of State Superintendent 
 from General SchoQl Fund, p. 118, s. 50. 
 
 To certify to the State Superintent amount of 
 General School Fund for distribution, p. 
 119, s. 01. 
 
 To issue warrant for amounts of General 
 School Fund due counties, when, p. 120. s. 
 62. 
 
 To report condition of the School Fund to 
 State Superintendent, when, p. 125, s. 68, 
 d. cciii. 
 
 The custodian of The School Fund securities, 
 p. 128, s. 74. 
 
 BOAED OF EDVCATION. 
 
 Who to compose, p. 13, s. 2. 
 
 Time of in which to (qualify, p. 17, d. vi. 
 
 Members of; inelioi])le to other elective offices, 
 p. 13, s. 2. 
 
 Tie in case of election, how decided, p. 13, s. 2. 
 
 Presidents of, to elect county superintendent 
 in case of a tie, pp. 13, 14, s. 2. 
 
 Application of, to board of ballot commission- 
 ers, p. 14, s. 2. 
 
 How to submit question of additional months 
 of school, p. 14, s. 2. 
 
 To make required levies, p. 15, s. 2. 
 
 Duty of, in case levy is voted down, p. 15, s. 2. 
 
 Time of first meeting, p. 17, s. 4. 
 
Index. iii 
 
 BOARD OF EDUCATION— Continued. 
 
 Vacancies in, how filled, and for what time, 
 p. 18, s. 5, d. ix. 
 
 Date of first meeting of, pp. 17, 18, s. 4, 6. 
 
 To determine the number of teachers to be 
 employed, p. 18, s. 6. 
 
 Quorum of, who to compose, p. 19, s. 6. 
 
 No business to be transacted b}^ a quorum, ex- 
 cept what, p. 19, s. 6. 
 
 Compensation of members of, p. 19, s. 6, d. xvii. 
 
 Compensation of members of boards of inde- 
 pendent districts, p. 20, d. xv. 
 
 To be a corporation with corporate rights, p. 
 20, s. 7, d. xix. 
 
 Liability of, p. 21, s. 7. 
 
 May receive, hold and dispose of what, p. 21, 
 s. 7. 
 
 How process may be served on, p. 21, s._ 7. 
 
 Control and supervision of schools in its dis- 
 trict, p. 24, s. 9. 
 
 Duty of, in case county court change district 
 'boundaries, p. 26, "^s. 9, d. xxvii, xxviii, 
 xxix. 
 
 To cause school to be kept in each sub-district, 
 p. 27, s. 10. 
 
 Must employ teacher in case trustees fail to do 
 so, i^. 27, s. 10. 
 
 To have revision of acts of Trustees, p. 31, s. 12, 
 d. xlii. 
 
 To pay to another district, tuition of transfer- 
 red pupils, p. 32, s. 12, d. xliii. 
 
 Mav declare teacher's contract illegal, when, p. 
 ^ ?^i, s. 13, d. 1. 
 
 INIay review action of trustees in suspending or 
 .expelling pupils, when, p. 34, s. 13, d. li. 
 
 To furnish blank record book for trustees, p. 
 41, s. 16. 
 
 When to apportion school fund to colored pu- 
 pils, p. 43, s. 18, d. Ixxii. 
 
iv Index. 
 
 EOAED OF EDrCATIOX— CV)ntiniie(]. 
 
 May be ronipelled by mandainiLS, p. 44, s. 18. 
 
 8hall require the enumeiaiion of school youth 
 to be made when, p. 44, s. 19, d. Ixxii. 
 
 Kot to employ teacher!? who have not attended 
 an institute, p. 74, s. 80, d. cxxxi. 
 
 Charaeil with the duty of moral trainin.s p. 77- 
 ?: 82. 
 
 To provide suitable school houses and irrounds 
 1>. 79, s. 84. civ. 
 
 Members of not to be interested in contract for 
 building- or repairing sch(.)ol houses, p. 81 ^ 
 s. 84, d. clvii, clviii. 
 
 Judgment or decree for monev a<rainst, p. S>?>. 
 s. 87. 
 
 How indebtedness of must be paid, p. 84, s. 37. 
 
 To determine rate of taxation necessary for 
 teachers' and building funds, p. 90, s. 44, 
 d. clxxvii. 
 
 Not to expend or contract del)ts be} oid aggre- 
 gate of annual levy, pp. 91, 9i', s. 45, d. 
 clxxviii, clxxx. 
 
 To require its secretary to publish financial 
 statement wh m expenditure s equal or ex- 
 ceed three thousand dollars, pp. 92, 98, 
 s. 45, d. clxxix. 
 
 To make settlements with sheriff, p. 95, s. 4()^ 
 d. clxxxv. 
 
 Penalty of members for refusing to make set- 
 tlement with sheriff as n^juired by sec- 
 tic »n 40, ]). 105, s. 52. 
 
 May ])urchase and s<'ll text-b<.>oks, how and 
 when, p. 115, s. 5Sa. 
 
 Mcndjcrs of, liable to hue for neylect of dutv, 
 J). 117, s._59. 
 
 Not to receive any ]iait of (u^ncral School 
 Fund uidess iorul it-vv has been laid, p. 
 119, s. 01. 
 
Index. v 
 
 BO VRD OF EXAMINERS. 
 
 Of whom to be compo.sed, p. 58, s. 27. 
 Q i:ilifi.Mtion of m?in'i.?rs of, }>. oS, .<. 27. 
 H_)w nominated, when elected, length of term, 
 
 p. 58, s. 27, d. e. 
 May limit time in examination, p. 60, d. eviii. 
 Members of, liable to pnnisiuiient, p. 60, d. ex. 
 To hold stated examinations, p. 02, s. 28, d. 
 
 cxiii, cxv, cxvi. exvii, cxviii, exix. 
 Examination to be held at close of institnte, 
 
 p. 73, s. oO, d. cxlii. 
 Examinations prohibited until after first day of 
 
 school year, p. 7o, s. 30. 
 Members of, mav teach without certificates, p. 
 
 03, s. 28. 
 
 BO.\RD OF THE PERMAXEXT SCHOOL 
 EUXD. 
 
 Of whom composed, p. 125, s. 00. 
 
 The organization of, p. 125, s. 69. 
 
 The meetings of, where held, p. 120, s. 70. 
 
 Shall recover money due the School Fund, 
 
 how, p. 120, s. 7f. 
 May appoint agents, for what, p. 120, s. 72. 
 To invest the School Fund, how, p. 127, s. 73. 
 
 BOARD OF BALLOT COMMISSIOXERS. 
 
 AVhat thev must print at bottom of official 
 
 ticket, p. 14, s. 2. 
 What inore they must print upon application 
 
 of board of education, p. 14, s. 2. 
 
 BONDS. 
 
 Constitutional provision, p. 5. s. 8. 
 
 Required of Secretary, when selling text-books 
 
 supplied by board of education, p. 110, s. 
 
 58a. 
 
vi Index. 
 
 BOKDS— Continued. 
 
 To be given by county superintendent, p. 107, 
 
 s. 53. 
 Required of contractors p. SO, s. 34. 
 Special, to be given by sheriti', p. 94, s. 46. 
 
 BOOKS. 
 
 School officers and teachers not to act as agents 
 for, jjp. 9, 111, s. 9, 57, d. cxcix, cc, cci. 
 
 Law does not apply to books written or things 
 invented bv school otficers and teachers, p. 
 
 112, s. 57. 
 
 BRANCHES TO BE TAUGHT IN THE PRIMA- 
 RY SCHOOLS. 
 
 Enumeration of, p. 28, s. 11, d. xxxviii, xxxix. 
 
 BRIBERY. 
 
 Of district school officers, how punished, p. 35, 
 s. 13. 
 
 BUILDING FUND. 
 
 Maximum rate on the 100 dollars, p. 84, s. 38, 
 
 d. clxiii. 
 For M'hat purpose to be used, p. 84,. s. 38, d. 
 
 clxiv. 
 AVhat levy to be laid for, p. 84, s. 38, d. clxvi. 
 From what sources derived, p. 85, s. 39, d. clxvii. 
 Not to be used to pay charges on teacher,s 
 
 fund, p. 85, s. 39, d. clxvi. 
 
 CERTIFICATES. 
 
 Grade of to determine rate of salary, p. 18, s. 6. 
 
 Teachers must tile dupllicates of, with secre- 
 tary of board, p. 61, s. 28, d. cxiii. 
 
 Scheme upon which same are to be issued, i)p 
 65, 66, s. 29, d. cxxiv. 
 
 Not to be granted except applicant pass exami- 
 nation in physiology and hygiene, p. 31. 
 
Index. - vii 
 
 CLEEK OF COUNTY COUET. 
 
 To call meeting of presidents of boards of ed- 
 ucation to elect county superintendent in 
 case of a tie, p. 14, s. 2. 
 
 Notice of such meeting, p. 14, s. 2. 
 
 To certify valuation of real estate to secretary 
 when, pp. 89, 96, s. 43, 46, d. clxxxvii. 
 
 To certify delinquent list to secretary of board, 
 p. 101, s. 48, d. clxxxviii. 
 
 Delinquent list of XDcrsonal property to be 
 placed in hands of sheriff by, p. 103, s. 51. 
 
 To keep record of settlement with sherifl, p. 
 104, s. 52. 
 
 Required to transmit abstract <jf annual settle- 
 ment with sheritr to State Superintendent 
 of free schools, p. 105, s. 52, cl. clxxxix. 
 
 To certify to State Superintendent of free 
 schools name and address of county su- 
 perintendent elect, p. 107, s. 53. 
 
 Levies for school purj^oses to be reported to, 
 p. 8, s. 7. 
 
 COLORED SCHOOLS. 
 
 Trustees to establish same, when, p. 42, s. 17, 
 
 d. Ixviii., Ixxi. 
 When pupils of, to receive their proportion of 
 
 district funds, p. 43, s. 18, d, Ixxii. 
 Trustees to make report of, p. 47, s. 20, d. 
 
 Ixxviii, Ixxix. 
 White and colored persons not to -attend the 
 
 same school, pp. 9, 42, 158, s. 17, 98b. 
 Secretary to make report of, p. 49, s. 21. 
 
 COMMISSIONER'S. 
 
 When elected, term of office and commence- 
 ment thereof, ji. 13, s. 2, d. iii. 
 
viii Index, 
 
 COXTRACTS. 
 
 School officers not to he interested therein, p. 
 
 81, s. 34, d. elvii, elviii. 
 Penalty and fine upon school officers for being 
 
 interested therein, p. 81, s. 34. 
 
 C0XTRACT0R8. 
 
 Bonds of, p. 80, s. 34. 
 
 Secnrity to l)e given by, p. 80, s. 34, d.,clvii. 
 
 COUNTY COURT. 
 
 To pass upon slieritf's special bond, p. 04, s. 46. 
 Delinquent list to be returned to ; corrected 
 
 by, and certified to auditor, p. 101, s. 48. 
 To certify delinquent list to assessor, p. 101, s. 
 
 48. 
 
 COURSE OF STUDY. 
 
 State Superintendent to prescribe for country 
 and village schools, p. 29, s. 11, d. xli. 
 
 Order and arrangement of, p. 29, s. 11. 
 
 County superintendent to enforce uniformity 
 in, p. 108, s. 54. 
 
 COUNTY SUPERINTENDENTS. 
 
 Counstitutional provision concerning, p. 0, s. 
 
 o. 
 Qualifications of, p. 10(5, s. 53. 
 Election of, length of term and commencement 
 
 thereof, p. 12, sec. 2, d. iv, cxci. 
 AVho to be elected in case of a tie, [». 13. s. 2. 
 Salary of, how ])aid, p. 106, s. 53, d. cxc. 
 Last quarter of salary not to be paid until 
 
 annual iei)ort is ma<le, p. 100, s. 53, 
 Bond of, and amount of, p. 107, s. 53. 
 To notify State Sui)erintendent of his election, 
 
 p. 13, s. 2, 
 
Index. ix 
 
 COUNTY SUPERIXTEXDEXT—Continuerl. 
 
 To visit all schools in his county, p. 108, s. 54. 
 d. cxcvii. 
 
 To acquaint himself with the schools of his 
 county, p. 109, s. 54. 
 
 To acquaint himself with school house archi- 
 tecture, p. 82, s. 35 d. clxi. 
 
 To cast vote in case of tie in vote for members 
 of board of education, p. 13, s. 2, 
 
 Vacancy in office of, how tilled, p. 107, s. 53, 
 d. viii. 
 
 To issue orders to pay members of board, p. 
 19, s. 6, d. xix. 
 
 To pay salary of secretary, p. 23, s. 8. 
 
 Must certify value of property, rates of levy, 
 and amounts of levy, to State Superintend- 
 ent, p. 23, s. 8. 
 
 Appeal to, from board, regarding district 
 boundaries, pp. 25, 26, s. 9, d. xxxi. 
 
 Action of, in cases of appeal regarding sub- 
 district boundaries, p, 26, s. 9. 
 
 Duty of, when not receiving enumeration of 
 youth from secretaries, p. 45, s. 19, d. 
 Ixxv. 
 
 To certify enumeration of youth to State Su- 
 perintendent, when, p. 46, s. 19. 
 
 To make annual report to State Superintend- 
 ent, pp. 50, 57, s. 22, d. Ixxxiv, Ixxxv. 
 
 To nominate members of board of examiners, 
 p. bS, s. 27, d. c, ci, cii, ciii, civ. 
 
 To collect examination fees, p. 59, s. 27, d. cvii. 
 
 To advise State Superintendent regarding time 
 and place of holding count v institutes, p. 
 72, s. 30. 
 
 To determine location of school houses when 
 board can not agree; p. 80, s. 34, d. clix, 
 clx. 
 
 May teach without certificate, p. 63, s. 28. 
 
X Index. 
 
 COUNTY SUPERINTENDENTS— Continued. 
 
 To approve plans of new school houses, p. 82. s. 
 85, d. clxi. 
 
 To make sug-cjestions to boards of education 
 and trustees regarding school house, furni- 
 ture and lixtures, p. 109, s. 54. 
 
 Duty of to aid teachers to improve themselves, 
 p. 109, s. do. 
 
 To encourage and aid in countv institute work, 
 p. 109, s. 55. 
 . To unite with teachers of adjoining counties in 
 the organization of union institutes, p. 110, 
 s. 55. 
 
 To confoi-m to the instructions of the State Su- 
 perintendent of Free Schools, p. 110, s. 55. 
 
 To distribute the school supplies for his countv, 
 p. 110, s. 55. 
 
 To make detailed rep(jrt of the condition of the 
 schools in his county, to the State Super- 
 intendent of free schools, p. 110, s. 50, d. 
 cxcviii. 
 
 To report districts that have failed to make re- 
 turn of enumeration of youth, p. Ill, s. 56. 
 
 To report districts that have failed to make 
 levy, p. Ill, s. 50. 
 
 To record his proceedings in a well bound 
 book, p. Ill, s. 50. 
 
 To enforce use of prescribed text-books, pp. 
 113, 114, s. oS. 
 
 To report mone,vs expended by Ijoard of edu- 
 cation for text -books, to State Superin- 
 tendent of Free Schools, p. 115, s. 58a. 
 
 To ascertain amount of General School Fund 
 due his county, p 119, s. 61. 
 
 To notify boards of education of the amount of 
 State Fund due them, ji. 119, s. 61. 
 
 To issue requisition on Auditor for amount of 
 General Scliool Fund due districts, p. 119, 
 s. 61. 
 
Index. xi 
 
 COUNTY SUPERIXTEXDEXTS— Continued. 
 
 To give consent to sale of school property, by 
 board of education, p. 78, s. 33, d. cliii. 
 
 COUESE OF PROFESSIONAL STUDY. 
 
 To be prescribed by State Superintendent' of 
 
 Free Schools, p. 74. s. 30, 
 What to embrace, p. 74, s. 30. 
 Teachers to be examined in, p. 74, s. 30. 
 
 ELECTION. 
 
 AVhen to be held, p. 12, s. 2. 
 
 Ballots, what to be written or printed thereon, 
 
 p. 14, s. 2. 
 Special election, when and for what purpose 
 
 held, p. 15, s. 2. , 
 
 Tote upon question of high school, p. 52, s. 24, 
 
 d. xc, xci, xcii. 
 Vote upon question of increased levy in sub- 
 district having graded school, p. 56, s. 2(3, 
 
 d. xcv. xcvi, xcvii, xcviii. 
 Liability of election officers, p. 16, s. 3, d. v. 
 Suggestion and direction concerning, by the 
 
 State Superintendent of Free Schools, pp. 
 
 177, 178, 179, ISO, 181. 
 
 ENUMERATION OF YOUTH. 
 
 How to be taken in districts from which trans- 
 fers have been made, p. 32, s. 12. 
 
 EXAMINATION OF TEACHERS. 
 
 To be examined in what branches, pp. 61, 62, 
 63, 64, 65, 66, s. 11, 28, 29, and decisions 
 thereunder, 
 eachers not to be admitted who have not at- 
 tended an institute or have not a valid 
 excuse, p. 74, s. 30, d. cxliv. 
 
 Not to be held until after beginning of school 
 year, p. 73, s. 30, d. cxliii. 
 
xii Index. 
 
 FINES. 
 
 Against assesgor, how recovered, p. 91, s. 44. 
 Against scliool officers for being interested in 
 
 tlie lettintr or t'ultillment of contracts, pp. 
 
 80, 81, s. 34. 
 
 FIRES. 
 
 Trustees required to have same built in school 
 houses, when necessary, p. 77, s. 32, d. clii. 
 Maximum to be paid therefor, p. 77, s. 32. 
 
 FORMS. 
 
 Of County superintendents, requisition upon 
 auditor for portion of Oeneral School 
 Fund, p. 120, s. ()2. 
 
 Of assessors' delinquent list of personal pro- 
 perty, p 100, s. 47. 
 
 Of county clerks' delinquent list of real estate, 
 p. 99, s. 47. 
 
 Various ones to be used by school officers, p. 
 180, and succeeding pages. 
 
 FREE SCHOOLS. 
 
 Duty of Legislature concerning, pp. 5, 8, s. 8,5. 
 Levies for, to be reported to clerk of county 
 
 court, p. 8, s. 7. 
 White and colored persons not to attend same 
 
 school; Constitutional i)rovision, pp. 9, 42, 
 
 158, s. 8, 17, 98b. 
 Persons connected with, not to be interested in 
 
 sale of books, etc., provision relating to, 
 
 p. 9, 111 s. 9, 57, d.cxcix, cc, cci. 
 Persons more than twenty-one years of age 
 
 may attend when, p. 27, s. 10, d. xxxiv. 
 May be discontinued under the thirty-tive per 
 Cent, rule, when, p. 35, s. 13, d. Ivi, Ivii, 
 
 Iviii. 
 Penalty for molesting or disturbing, p. 39, s. 
 
 15a. 
 
Index. xiii 
 
 FURNITURE, FIXTURES AND APPARATUS 
 
 To be provided by the board of education, p 
 79, s. 34. ' ^ 
 
 To be kept in good order and repair, p. 79, s. 
 o4. 
 
 GENERAL SCHOOL FUND. 
 
 From what source derived, p. 118, s. 60. 
 
 How and when distributed, p. 118, s. 60, d. 
 ccii. 
 
 Amount of, for distribution, to be certified by 
 Auditor to State Superinteodent, p 119 s 
 61. ^ 
 
 GRADED SCHOOLS. 
 
 How same may be established, p. 56, s. 26. 
 
 Question of establishment to be submitted to 
 vote in case of increased taxation; p. 56 s 
 26. ' * 
 
 How^ term may be extended in, p. 56, s. 26, d. 
 xcv, xcvi, xcvii, xcviii. 
 
 HIGH SCHOOL. 
 
 How same may be established, pp. 52, 53, 54, 
 
 55, s. 24, 25, d. xc, xci, xcii, xciii. 
 May be discontinued when, p. 35, s. 13. 
 
 HOLIDAYS. 
 
 Days on which school is not to be kept, p. 76, 
 s. 31, d. cxlv, cxlvi, cxlvii, cxlviii, cxhx, 
 cl. 
 
 INDEBTEDNESS. 
 
 Constitutional provision concerning, p. 5, s. 8. 
 Of teacher's fund, how paid, p. 87, s. 40, d. 
 clxxiii. 
 
xiv Index. 
 
 INDEPENDENT SCHOOL DISTRICTS . 
 
 Constitutional provision concerning, p. 9. s. 10. 
 
 County superintendent to visit schools in, p. 
 108, d. cxcvii. 
 
 Compensation members of board of, p. 19, d. xv, 
 xvi. 
 
 Not to receive any part of state fund unless dis- 
 trict levy has been made, p. 88, s. 42, d. 
 clxxiv. 
 
 INSTITUTES. 
 
 For what purpose established, p. 72, s. 30. 
 How, where and when to be held, p. 72, s.30. 
 To be instructed by whom, p. 72, s. 30. 
 Compensation of institute instructor, p. 73, s. 
 
 30. 
 State appropriation for, p. 73, s. 30. 
 Course of institute work, p. 73, s. 30. 
 Teachers failing to attend not to be admitted 
 
 to examination or employed to teach any 
 
 free school, p. 74, s. 30, d. Ixxxvii. 
 Excuse for non attendance thereon, jd. 74, s. 30, 
 
 d. Ixxxviii, Ixxxix. 
 
 LANDS FOR SCHOOL PURPOSES. 
 
 Boards of education topurcliase, p. 79, s. 34. 
 How to be condemned for, pp. 82, 83, s. 36, d. 
 
 clxii. 
 How same may be sold, p. 78, s. 33, d. cliii. 
 Exempt from taxes, p. 83, s. 37. 
 Exempt from execution or other process, p. 83, 
 
 s. 37. 
 
 LEGISLATURE. 
 
 It shall encourage what, p. 10, s. 12. 
 Must make suitable provision for whom, p. 10, 
 s. 12. 
 
Index. xv 
 
 LEINS. 
 
 On real estate for district levies assessed there- 
 on, p. 102, s. 50. 
 
 Interest on, Avitli date of commencement, p. 102, 
 s. 50. 
 
 MAGISTERIAL DISTRICTS. 
 
 Constitutional provision and creation of, pp. 2, 
 8, s. 27, 6. 
 
 Each magisterial district to be a school dis- 
 trict, p. 11, s. 1. 
 
 Each mao-isterial district to be divided into 
 sub-districts, p. 12, s. 1. 
 
 Not to receive any part of State fund unless 
 district levy has been made, p. 88, s. 42, d. 
 clxxvi. 
 
 NORMAL SCHOOL AND ITS BRANCHES. 
 
 Establishment of; pp. 138, 139, s. 87. 
 
 Board of regents of, how appointed, its duties, 
 
 etc., pp. 138, 139, 140, s. 87, 88, d. ccvi, ccvii, 
 
 ccviii, ccvix. 
 Executive comm ittee of, how appointed and 
 
 duties of, p. 142, s. 89. 
 Brancn of, at Eairmont, established, p. 142, s. 
 
 90. 
 Branch of, at AVest Liberty, established, p. 143, 
 
 s. 91. 
 Branch of, at Glenville, established, p. 143, s. 92. 
 Rranch of, at Shepherdstown, established, p. 
 
 144, s. 93. 
 Branch of, at Concord, established, p. 144, s. 93. 
 Report of principals of to be made to the Presi- 
 dent of the Board of Regents, p. 145, s. 95. 
 Students in, how admitted^ tuition of, how 
 
 I)aid, pp. 146, 147, s. 96, 97, d. ccx. 
 Persons not to deal with students, on certain 
 
 conditions, p. 148, s. 98. 
 No more branches to be e tablished, p. 9, s. 11. 
 
xvi Index. 
 
 OATH OF OFFICE. 
 
 Constitutional provisions, p. 1, s. 5. 
 
 Secretarv of board niav administer, p. 28, s. S. 
 d. XX. 
 
 Form of, to l)e taken by sheriff when return- 
 ing deUnquent Hst, p. 101, s. 47. 
 
 OFFICERS. 
 
 May be removed for what. p. 2, s. 6. 
 Subject to indictment for what, p. 3, s. 4, d. i. 
 General provisions relating to, p. 10, d. ii. 
 Fine of, for violation of law, when other pen- 
 alty is not fixed, p. 117, s. 59. 
 
 PERMANENT SCHOOL FUND. 
 
 Constitutional provision, p. 6. s. 4, 
 
 Report of the condition of, to be made by the 
 Auditor to State Supermtendent of Free 
 Schools, when, p. 125, s. 08, d. cciii. 
 
 The board of, of whom composed, p. 125. s. 69. 
 
 Auditcjr to ascertain what sums have accrued 
 to, p. 127, s. 73. 
 
 How to be invested, p. 127, s. 73. 
 
 PRESIDENTS OF BOARD OE F:DrCATION. 
 
 Elected when, length of term and commence- 
 ment thereof, p. 12, s. 2. 
 
 Vacancy in otiice of. how filled, p. 17, d. vii. 
 
 To elect board of examiners, p. oS, s. 27, d. 
 xcix,c, cv, cvi, cxi, cxii. 
 
 To visit school houses, to make report and re- 
 commendation regarding school, propert}'' 
 to board, p. 78. s. 33. 
 
 To fill vacancy in otfice of county superintend- 
 ent, p. 107, s. 53. 
 
 PRi:\rARY SCHOOLS. 
 
 Branches to be tauglit in. ]>. 28, s. 11, d. xxxix. 
 
Index. xvii 
 
 PROSECrXIXG ATTOK>'EY. 
 
 Duty of in ease sherift' fails to make annual 
 settlement M'ith county court, p. 104, s. 52. 
 
 Duty of to instruct board of education, p. 83, 
 d. clxii. 
 
 PUPILS. 
 
 Legal age of, p. 27, s. 10, d. xxxv. 
 
 SALARY. 
 
 Of teachers fixed by board, p. bS, s. 0. 
 
 To be fixed according to grade of certificate, p. 
 
 18, s. t) 
 Minimum of, to be paid teachers, p. 18, s. 6 
 To be unifurm througiiout magisterial district, 
 
 p. 20, d. xviii. 
 
 SCHOOL LEVY. 
 
 "For school levy" or "against school levy," to 
 to be placed on ballot, by ballot commis- 
 sioner, p 14, s. 2 
 
 How long to continue after election, p. 15, s. 2. 
 
 Special, may be made, p. 87, s. 40, d. clxx. 
 
 SCHOOL YEAR. 
 
 When to commence and when to end, p. 51. s. 
 
 23. 
 All settlements to be made with respect to, p. 
 
 51, s. 23, d. Ixxxvi, Ixxxvii, Ixxxix. 
 
 SCHOOL FOR THE DEAF AND BLIND. 
 
 Board of regents of, how appointed and duties 
 of, p. 149, s. 98a. 
 
 SCHOOL MONTH. 
 
 To consist of twenty days, not to include Sat- 
 urday, p. 72, s. 30, d. cxlvii. 
 
xviii Index. 
 
 SCHOOL HOUSES. 
 
 To be provided bv board of education, p. 79, s. 
 34. 
 
 How to be located, p. 79, s. 34, d. clix, clx. 
 
 Union schools, how boards of education may 
 provide for same, p. 80, s. 34. 
 
 Plan to be approved by county superintend- 
 ent, x>- ^-, ^- 35. 
 
 How sold at public auction, p. 78, s. 33, d. cliii. 
 
 AVhat to be done with proceeds of sale of 
 school property, p. 78, s. 33. 
 
 How school property may be re-conveyed to 
 grantor, p. 78. 79, s, 33. 
 
 SECRETAEY BOARD OF EDUCATION. 
 
 Appointment of, p. 22, s. 8. 
 
 To give notice of special elections, p. 15, s. 2, 
 
 OtHcial records to be kept by him, p. 22, s. 8. 
 
 Custodian of the boards records, p. 22, s. 8. 
 
 To publish abstracts of proceedings, p. 22, s. 8. 
 
 INIust certify value of property, rate of levy and 
 amount of levy in his district to county 
 superintendent, pp. 23, 48, s. 8, 21, d. xxiii, 
 xxiv, xxvi, Ixxx, Ixxxi, Ixxxii, Ixxxiii. 
 
 To keep record of enumeration of school youth 
 in his otftce and Certify same to county 
 superintendent, p. 45, s. 19, d. Ixxiv. 
 
 To make report of colored school, p. 49, s. 21. 
 
 To file teacher's term register, p. 71, s. 30, d. 
 cxxxiv, cxxxvi. 
 
 To publish financial statement when expendi- 
 tures equal or exceed three thousand dol- 
 lars, p. 92,. 93, s. 45, d. clxxix. 
 
 To keep an account of money for text-books 
 sold by the board and to report same to 
 county superintendent, p. 115, s. 58a. 
 
 Compensation of, for handling text-boaks sup- 
 plied by board of education, p. 116, s. 58a. 
 
Index. xix 
 
 SECRETAEY BOARD OF EDUBATION— Cont. 
 Bond of, required when selling text-books sup- 
 plied by board of education, p. 116, s. 58a. 
 
 SHERIFF. 
 
 Required to give specia. bond, when. p. 94, s. 
 46, d. clxxxi. 
 
 To collect and disburse school monev, p. 94, 
 46. 
 
 To collect levies assessed bv board of educa- 
 tion, p. 90, s. 44. 
 
 To pay teachers monthly, p. 72, s. 30. 
 
 To serve notice on members board of educa- 
 tion, p. 14, s. 2. 
 
 Annual settlement of with county court, pp. 8, 
 9, s. 7. 
 
 To keep account with the several boards of 
 education, p. 95, s. 46, d. clxxxvi. 
 
 Settlement of with board of education, p. 95, 
 s. 46, d. clxxxiii. 
 
 To be credited with delinquent taxes, p. 96, s. 
 46, d. clxxxii. 
 
 To be credited bv all vouchers in hand, p. 96, 
 s. 46. 
 
 Not to receive pay for disbursiiig State school 
 fund, p. 97, s- 46. 
 
 Commission for receiving and disbursing rail- 
 road taxes, p. 97, s. 46, d. clxxxih. 
 
 How judgment against him may be obtained, 
 p. 97, s. 46. 
 
 May be required to endorse school orders, p. 
 97, s. 46. 
 
 Form of oath of, when returning delinquent 
 list, p. 101, s. 47. 
 
 To receive delinquent list of personal property 
 from clerk of county court, p. 103, s. 51. 
 
 Commission allowed to, for collection of district 
 levies, p. 103, s. 52. 
 
XX Index. 
 
 SHERIFF— Continued. 
 
 Required to make annual settlement with 
 county court, p. 103, s. 52. 
 
 Penalty of, for failure to make annual settle- 
 ment of with county court, p. 104, s. 52. 
 
 Duty of, upon making tinal settlement, p. 105^ 
 s. 52. 
 
 To receive portion of General School Fund due 
 his county, p. 120, s. 62. 
 
 STATE CERTIFICATE. 
 
 Classes of, and to whom issued, p. 6S, s. 29a, d. 
 
 cxxviii. 
 How issued to graduates of State Normal 
 
 Schools and State University, p. 68, s. 29a, 
 
 d. cxxix. 
 To be countersigned l)v State Superintendent, 
 
 p. 69, s. 29a. 
 
 STATE BOARD OF EXAMINERS. 
 
 Of whom to consist, how appointed and term 
 
 of office, p. 67, s. 29a. 
 INIeeting of and stated examinations, p. 68, s. 
 
 29a. 
 Vacancies in. howtilled, p. 67, s. 29a. 
 Compensation and traveling expenses, p. 70, s. 
 
 29a. 
 Certified account to State Department of Free 
 
 Schools, p. 70. s. 29a. 
 
 STATE SUPERINTENDENT OF FREE SCHOOLS 
 
 Constitutional provision, i)p. 5, 6, s. 2. 
 (Qualifications of, p. 121, s. 68. 
 Exi)enses and limit of, pp. (>, 121. s. 2. 63. 
 To prescribe manual and graded Course of 
 ^tudy, ]). 2H, s. 11. 
 
Index. xxi 
 
 STATE i-^UPERINTENDENT OF FEEE SCHOOLS 
 
 — Continued. 
 
 To prescribe and furnish blanks for taking enu- 
 meration of youth, p. 46, s. 19. 
 To countersign State certificates, p. 69, s. 29a. 
 
 To fix time and place of holding countv insti- 
 tutes, p. 72, s. 30. 
 
 To employ institute instructors, p. 73, s. 30. 
 
 To prescribe a graded course of institute work, 
 p. 74, s. 30. 
 
 To prescribe a course of professional study, p. 
 74, s. 30. 
 
 To draw warrant upon auditor for salary of 
 county superintendents, p. 106, s. 53. 
 
 To coMtract with publishers for prescribed 
 text-books, p 114, s. 58. 
 
 To ascertain amount of General School Fund 
 due each county, p. 119, s. 61. 
 
 Salary of, and how paid, p. 121, s. 63. 
 
 Office of to be kept at seat of government, p. 
 122, s. 64. 
 
 To provide a seal of office, p. 122, s. 64. 
 
 To sign requisitions on auditor for. payment of 
 money out of the State treasury for school 
 purposes, p. 122, s. 64. 
 
 To have supervision of countv superintendents, 
 p. 122, s. 65. 
 
 To prescribe and cause to be prei)ared all forms 
 and blanks for use in the school work in 
 the State, p. 122, s. 65. 
 
 To publish and distribute school laws, p. 123, 
 s. 65. 
 
 To correspond with educators and school offi- 
 cers abroad, p. 123, s. 65. 
 
 To make report to the governor, p. 124, s. 67. 
 
 To be member of the Board of the School 
 Fund, p. 125, s. 69 
 
 To be a member of tht. Board ■ '" Regents of 
 Regents of the State Norn. .. School, p. 
 138, s. 87. 
 
xxii Index. 
 
 SUB-DISTRICTS. 
 
 Board of education to fix term of school in, p. 
 
 19, d. xi. 
 Failure to have school in, p 19, d xii. 
 A]3peal from decision of board regarding 
 
 boundaries, p. 25, s 9. 
 
 TAXATION. 
 
 Capitation tax, ho\\' appropriated, p. 3, s. 2. 
 Exemi)tion from, p. 3, s. 2. 
 Power of the Legislature to extend to. p. 3, s. 2. 
 Maximum limit of county authorities, p. 4, 
 
 s. 7. 
 State tax of 10 cents on the 100 dollars, p. 118, 
 
 s. 60. 
 
 TEACHERS. 
 
 Qualificaticm of, p. 27, s. 10. 
 
 Branches required to pass examination, p. 28, 
 
 s. 11. 
 INIay be removed for what, p. 34, s. 13. 
 How punished for attempted bribery, p. 35, s. 
 
 13. 
 How to be paid, p. 71, s. 30, d. cxxxv. 
 To keep daily register, p 71, s. 30. 
 To jnake monthly reports to the secretary of 
 
 the board of education, p. 71, s. 30, d. 
 
 ex XX. 
 To keep term register, what to contain, \). 71, 
 
 s 30, d, cxxxii. 
 To take enumeration of scliool vouth, p. 44, s. 
 
 19. 
 Charjj:ed Avitli the duty of moral training, p. 
 
 77,.,s._32. 
 Not required to serye on a jury, p 45, s. 19. 
 How exempt from institute attendance, p. 74, 
 
 s 30. 
 
Index. xxiii 
 
 TEACHERS— Continued. 
 
 Failing to attend institute, not to be admitted 
 to examination or employed to teach in 
 any free school, p. 74, s. 30, d. cxl, cxli, 
 cxiiv. 
 
 Fine of, for violation of law, when other pen- 
 alty is not fixed, p. 117, s. 59. 
 
 TEACHERS' CONTRACT. 
 
 Form to be furnished bv State Superintendent, 
 
 p. 33, s. 13, d. 1. 
 What it shall state, p. 33, s. 13. 
 Witii Avhom to be filed, p. 33, s. 13. 
 
 TEACHER'S FUXD 
 
 Annual levy for, p. 86, s. 40. 
 
 ^Maximum rate of, p. 8(3, s. 40. 
 
 L^sed only to pay teachers' salary, p. 8(3, s. 40, 
 
 d. clxix. 
 Board comi>elled to lay levy for, p. 87, s. 40. 
 Special levy for, when to be made, p. 87, s 40, 
 
 d. clxxii. 
 Indebtedness of, how paid, p. 87, s. 40, ci. 
 
 elxxiii. 
 
 TEXT-BOOKS. 
 
 List of, prescribed for use, in the free schools 
 
 of the state, pp. 112, 113, 114, s. 58. 
 
 How contracts made for with publishers, p. 
 
 114, s. 58. 
 New editions of not to be introduced in time 
 
 covered by the contract, p. 114, s. 58. 
 How boards of education may purchase and 
 
 sell, text-books, p. 115, s. 58a. 
 Provisions regarding contracts to be made by 
 
 State Superintendent of Free Schools 
 
 therefor, p 171. 
 
xxiv Index. 
 
 TRANSFER OF PVPILS. 
 
 When yame can be made, p. ol, s. 12. 
 For what reason, p. 31, 8. 12, d. xliii, xliv,xlv, 
 xlvi, xlvii, xlviii. 
 
 TRUSTEES. 
 
 When to be appointed, time in which to quah- 
 
 fy and lenoth of term, p. 17, s. 4, d. vi. 
 When to meet to employ teachers, p. 83, s. 13, 
 
 xhx. 
 How many of to constitute a quorum, p. 41, s. 
 
 16. 
 To be under supervision and control of board 
 
 of education, p. 31, s. 12, d. xlii. 
 Action of, subject to revision bv ]K)ard, when, 
 
 p 31, s. 12. 
 Removal of, from othce, how, p 34, s. 13. 
 Vacancies in office of how tilled, p. 17, s. 5. 
 To have charire of school, j). 33, s. 13. 
 May reward teacher for what, p. 34, s. 13. 
 Cannot change teacher's salary as fixed by 
 
 board of education, p. 19, s. 6. 
 Mav exclude whom from school, p. 34, s. 13, d. 
 
 ^lix. 
 May suspend or expel pupils for what, p. 34, s. 
 
 13, d. li. 
 Action of, in suspension or expulsion of pupils ; 
 
 mav be removed by board, when, j). 34, s. 
 
 13, d. Iv. 
 May discontinue school, when, j). 3o, s. 13, d. 
 
 Ivi, lvii,lviii. 
 To visit schools under their charge, when, p. 
 
 37, s. 14, d. Ix. 
 Duties of, when visiting schools, p. 37, s. 14, d. 
 
 Ixi, Ixii. 
 To make suggestions to teachers, ]>. 37, s. 14. 
 Duty of, regarding school houses, p. 38, s. 15 
 
Index. xxv 
 
 TRUSTEES— Continued. 
 
 May sue in name of board of education for 
 
 damages to school property, p. 38, s. 15. 
 May permit school houses to be used for what 
 
 purposes, p. 38, s. 15, d. Ixiii, Ixiv, Ixv, 
 
 Ixvi. 
 Shall furnish boards of education with esti- 
 mate of improvements, p. 39, s. 15. 
 To keep an account of all the expenses incurred 
 
 by them, p. 40, s. 16, d. Ixvii. 
 May purchase what, p. 40, s. 16, d. Ixvii. 
 How bills contracted by, are to be paid, p. 41, 
 
 s. 16. 
 To establish colored schools, when, p. 42, s 17, 
 
 d. Ixviii, Ixxi. 
 To make report to secretary of board, p. 47, s. 
 
 20, d. Ixxviii, Ixxix. 
 Not to employ a teacher who has not attended 
 
 an institute, p. 74, s. 30, d. clx. 
 Duty of to see that school houses are kept 
 
 clean and fires made, when necessary, p. 
 
 77, s. 32, d. clii. 
 
 TUITION. 
 
 Rate of, p. 27, s. 10. 
 
 To whom to be paid, hoM' applied, p. 28, s. 10, 
 d. xxxvii. 
 
 UNION SCHOOLS. 
 
 How same may be established, p. 80, s. 34, d. 
 
 cliv, civ. 
 Title to property, how vested, p. 80, s. 34. 
 
 UNIVERSITY, THE WEST VIRGINIA. 
 
 Establishment and name of, pp. 129, 130, s. 76, 
 
 77. 
 The board of regents of, its duties, pp. 130, 
 
 131, s. 78. 
 
xxvi Index. 
 
 UNINERSITY, THE WEST VIRGINIA— Cont. 
 
 Departments in, how establisiied, p. 132, s. 79. 
 Preparatory department, may be established, 
 
 p. 133, s. 81. 
 Cadets in, how admitted, p 134, s. 82. 
 Endowment fund of, how invested, p. 135, s. 
 
 85. 
 
 WEST VIRGINIA REFORM SCHOOL. 
 
 Estabhshment and object of, p. 163, s. 98c. 
 How inmates are admitted tiiereto, p. ItiG. 
 
 WEST VIRGINIA COLORED INSTITUTE. 
 
 How and under what provisions estabhshed, 
 
 p. 156, s, 986. 
 Name and location of, p. 159, s. 98b. 
 Board of regents, duties of, etc., p. 160, s. 986. 
 
 WHEELING, CITY OF. 
 
 Count}'' superintendent not required to visit 
 
 tlie schools in, d. cxcvii. 
 Free scliools of, not ettected bv this chapter, p. 
 
 128, s. 75. 
 Qualifications of superintendent of, p. 129, s. 
 
 75, d. cciv, ccv. 
 
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