s^ \ \ V \ X \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ / -/: / / / / \/ I;; / / / SCHOOL LAAV OF THE 5 ''■ ir le«][ + lir '^' i 4 f •>?' ■ZE'j^ssEiD _^^:rzx-, is, i.s':73. AND AS AMENDED BY ACTS OF 1877, WITH FORMS AND 9NDEX. WHEELING : W. J. Johnston, Public Printee. 1877. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I / / / / / / / / / / a, ; / /■, / /\ A / / / / A /I /j / / /' / / / / /\ / / / , 1 / /! / / / SCHOOL LAV/ t- OF THE ■■^'•■^.^ STATE OF WEST YIRGMA, IF'^^SSZEID -^iE'IR.ZILi 12, la^S, AMENDED BY ACTS OF 1877, S AND INDEX. WHEELING: W. J. Johnston, Public Printer. ■ 1877. •Ws- SCHOOL LAW. CHAPTER CXXIII. AN ACT to amend and re-enact the school hiw of the state. [Passed April 12, 1873, and as amended by Acts 1877.] Be it enacted by the Legislature of West Virginia : 1. That for school purposes, the several districts in each As amended by county, as they are now or may be hereafter laid off for 1877?" ' the election of justices and constables, shall be divided into such number of school districts as may be necessary for the convenience of the free schools therein ; and the pres- ent sub-districts shall be such school districts until changed as provided for in this act. The words "district" and "districts," wherever they may occur in this act, shall be construed to mean the whole district, laid off as aforesaid, and the words "sub-district" and "sub-districts" shall be construed to mean the school district or districts therein. 2. A county superintendent of free schools in each As amended by county shall be elected by the voters thereof on the first ^g-^*Jf- ^^' ^^** Tuesday in August, one thousand eight hundred and sev- enty-seven, and in every second year thereafter, whose term of office shall commence on the first day of Septem- ber next after his election, and continue for two years, and until his successor shall be elected and qualified according to law. There shall be elected at the same time, in each district of the county, by the voters tliereof, a president and two commissioners, who shall constitute the board of education for the district, whose term of office shall com- mence on the first day of September next after their elec- tion, and continue for two years, and until their success- ors shall be elected and qualified according to law. No person shall be eligible to more than one office under the provisions of this act at the same time. The voting at said election shall be by ballot, and the same shall be held in each district of the county at the several places of vot- ing therein for state officers and members of the legisla- ture, and it shall be the duty of the board of education of each district to give at least three weeks' notice of such election by posting the same at each place of voting, and School Law. at such other phiees as they may deem necessary. Poll books for said election shall be prej)ared by the board of education of each district for the several places of voting therein, and delivered to the commissioners or some of them appointed to superintend the election at each place of voting, before seven o'clock a. m. of the day on which the election is held. The court of each county and the proper court or other tribunal of each city, shall, before every election to be held under the jjrovisions of this act, appoint three commissioners at the court house, and the like number for each j)lace of voting in the county or cor- poration at wliicb a poll is to be taken under the provis- ions of this act, to superintend the said election, and the said election shall be superintended, conducted and re- turned, and the result thereof ascertained, in all respects as is provided for b}' law in regard to the election of county and district officers; apd all the provisions of the law in regard to general elections shall, as far as applicable, govern and apply to elections held under the provisions of this act: Frovided, That if in the year one thousand eight hundred and seventy-seven, any other election be held on the same day of the election herein provided for, the commissioners appointed to .superintend such other election shall superintend, conduct, certify and return the result of the election at each poll where a vote is taken under the provisions of this act. The commissioners ap- pointed under this act shall receive no compensation for their services. The county superintendent of free schools shall, immediately upon receiving the certificate of his election from the commissioners at the court house, 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 county superintendent of fi-ee schools shall give the casting vote ; and in case of a tie in the vote for a county superintendent of free schools, the president of the board 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, not less than six nor more than twelve days after the result of each election is ascertained, appoint one of the jiersons receiving the highest number of votes for said office at said election as countj' 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 counly court, and served upon each president of the board of education in the county, at least three days be- fore 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 have written or pi-inted thereon the words ''for school levy," or "against school lev}^'' as the voter may choose; and if a majority of the ballots cast in a district have written or printed thereon School Law. 5 "lor school levy," it shall be the duty of the board of edu- cjition to make the levies required by the thirty-eighth and fortieth sections of this act, for each year during its terra of office ; but if a majority of the ballots cast in a dis- trict have written or printed thereon, "against school levy," no levy shall be made by said board for the year next suc- ceeding. But it shall be the duty of said board to cause a special election to be held on the same day in the following year, 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 hereinbe- fore required. Of everj^ such special election, the clerk 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. I : • • 3. Any person who may act as commissioner or conduc- as amended by tor of aay election held under the provisions of this act, chap. 77, Acts who shall willfully 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 re- turn of the 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 imprisoned not less than twenty days. 4. At the meeting of the district board of education, held ^.s amended by on the first Monday of September, one thousand eight (^h^P- '?'?. ^cts hundred and seventy-seven, they shall ajjpoint three intel- ligent and discfeet persons as trustees for each sub-district in their district, one of whom shall be appointed for one year, one for two years, and one for three years ; and the board of education shall thereafter annually appoint one trustee, who shall hold his office for three years. And the said trustees shall hold their resjDective offices until their successors are appointed and qualified. 5. Vacancies in the office of school trustee shall be filled as amended by by the board of education for the unexjDired term, and in Chap. 77, Acts the board of education by the countj^ superintendent of tree schools for the unexpired term. 6. The board of education of the several districts shall hold their first meeting for each school year on the first Monday of September. At this meeting they shall deter- mine the number of months the school shall be held in the district, the number of teachers that may be employed in the several sub-districts, and fix the salaries that shall be paid to the teachers. In determining the salaries, they shall have regard to the grade of teachers' certificates, fix- 6 School Law. ing to each grade the salary that shall be paid to teachers of said grade. Ib the several sub-districts, and the trustees of the sevei'al sub-districts shall in no case transcend the salaries so fixed in any contract they ma}' make with teachers. A quorum of the board of education shall con- sist of a majority of the members thereof; and in the ab- sence 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 mem- bers. Cha''"^3i'^A ^^ '''■ "^'^^ board of education shall be a corporation by 1877^ ' "^^ the name of "the board of education of district of county," and as such may sue and be sued, plead and be impleaded ; which boards of education shall be sub- stituted to all the rights of the boards of education of the townships heretofore existing, of which they are the suc- cessors, and shall have power and authority to sue for and recover in the name of "the board of education of district of county," successor to the board of educa- tion of township of county, all monej^ and property heretofore vested in, due to, or contracted by said board of education of township of county, for school purposes ; and the said board of education of district of county, shall be liable for any and all claims, debts, dues or demands owing to any person by the board of education of which it is the successor. They shall receive, hold, use and dispose of, according to the rules of law and the intent of the instrument confer- ring title, any gift, grant, devise or bequest made for the use of any free school or schools under their jurisdiction ; and without any transfer or conveyance, shall be deemed the owner of the real and personal property of their dis- trict, and the property of the former townships, for which their district was substituted. Process and notice may be served on said corporation by delivering a copy thereof to the secretary, or ai^y two members of the board. And all suits or proceedings now pending m any of the courts of the state, in the name of the board of education of any district, for an}' demand or claim in favor of the board of education of any townshij), are hereby made valid. SECRETARY OF THE BOARD — HIS DUTIES AND CQMrENSATION. As amended by 8. The board of education, at their first meeting after 1877^; ^^v\^T.. their election, shall appoint a secretary, who shalTnot be a member of the board of education, and shall attend all meetings of the board and record all their official proceed- ings in a book kept for that purpose, which record shall be attested by his signature and the signature of the presi- dent of the board, which record shall at all seasonable times be open to the inspection of any person interested School Law. therein ; lie shall have the care and custody of all papers belonging to the board, containing evidence of title, con- tracts or obligations, or what are otherwise valuable, and preserve the same in his oiEce, properly arranged for refer- ence, and shall record and keep on file in his office such jjapers and documents as the board or the law ma}^ direct. He shall keep such accounts and prepare and certify such reports and writings pertaining to the business of the board as the board or law may direct. He shall publish within three daj^s after any meeting of the board of edu.cation, an abstract of the ^proceedings thereof by posting the same at the front door of the place of meeting ; he shall be, how- ever, allowed thirty days within which to certify to the auditor the amount levied for school purposes upon each one hundred dollars' value of property in his district. He shall also have authority to administer oaths to school officers in all cases where they are required to take an oath as such. For his services as secretary, he shall receive such compensation as the board may determine, not ex- ceeding fifteen dollars per year, to be paid out of the build- ing fund by an order drawn by the countj^ superintendent, when, after an examination by said superintendent of said secretary's books, they are found to be correct. But such order shall not be drawn until the said secretary shall have made his annual rejDort to the county superintendent, as hereinafter provided. 9. The board of education shall have general control and supervision of the schools and school interests of their districts; they may determine the number and location of the schools to be taught ; they may change the boundaries of their sub-districts, and increase and diminish the num- ber thereof, having due regard for the scliool houses already built, or sites procured, assigning, if practicable, to each district not less than fifty youths between the ages of six and twenty-one years: Provided, That every vil- lage consisting of fifty inhabitants or more, shall be in- cluded in one sub-district ; and provided further, That no change in any sub-district shall take effect except imme- diately after the annual apportionment of the general school fund. When such village as is mentioned in this section is divided by district or county lines, the said vil- lage shall be included in the sub-district to be under the supervision of the board of education of the district to which the largest division of territory is attached. 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 and good morals, a sufficient number of primary schools for the instruction of the persons en- titled to attend the same, and should the trustee of any sub-district neglect or fail to employ a teacher for his sub- School Law. district, upon complaint thereof it shall be the duty of the board of education to do so. The following persons, when residing in a sub-district, with intent to "make such sub- district their home, shall have a right to attend and re- ceive instruction at the primary schools thereof that is to say : Every youth between the ages of six and twenty-one yeai'S. shall have such right ; and any person wishing to receive instruction at any free school in this State shall have a right to attend such school, and the teacher or teachers there employed shall give instruction to such jjerson the same as is required by law for other persons, upon the payment of tuition fees, and upon such other terms as the^trustees of the sub-district may prescribe. Said tuition fees shall be paid in advance into the district treasury, and placed to the credit of the teacher's fund of said district. BRAXCHES OF LEARNING TO BE TAUGHT. 11. In the primary schools there shall be taught ortho- graphy, reading, penmanship, arithmetic. English gram- mar, history, geography, and such other branches as the board of education may direct. Chap™77^A^ts^ ^'-- -^^® trustees shall be under the supervision and 1S77. ' control of the board of education, and in all cases the ac- tion of the trustees shall be subject to the revision and cor- rection of the board of education on the motion of any member thereof, or upon the complaint in Avriting of any three tax-jDayers of their sub-district. Whenever it shall happen that the person authorized to atteud school are so situated as to be better accommodated at the primary school of an adjoining sub-district, whether in the same or in an adjoining district or cotmty, or whenever it may be necessary to establish a school composed of pupils from parts of two sub-districts, whether in the same or in an ad- joining district or cotinty. it shall be the duty of the trus- tees of the sub-districts interested, under the direction of the board of education to transfer such persons, for school purposes, to the sub-district in which such school house is or may be situated; 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-district 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 district, the board of education of the district from which the transfer is made shall pay to the board of edu- cation of the district in which the school is carried on. such jiroportion of the cost of said school, as the scholars so transferred bear to the whole number of scholars taught in such school. School Law. 9 13. The trustees of every school district shall have ^^ amended by 1 r ,^ 1 11- 1 1 n • ji i i (^bap. 77, ActS charge or the schooJs therein, and shall appoint the teach- 1877. ers of such schools. Such appointment shall he in writing- according to the form furnished hy the state superintend- ent of free schools, and shall be submitted to the board of education, or to the president thereof when the board is not in session, for apj^roval ; and when approved by either it shall be filed within one week thereafter with the secre- tary of the board of education. Any teacher so appointed may be removed by the trustees or by the board of educa- cation for incompetency, neglect of duty, inte]n]:)erance. pro- fanity, cruelty or immorality. The trustees may exclude from any school under their charge a person having a contagious or infectious disease, and they may suspend or expel any scholar found guilty of disorderly, refractoiy, indecent or immoral conduct, and may refuse to admit such scholar again to the school until satisfied that he will properly conduct himself thereafter ; but their action in each jiarticular shall be subject to the revision and correc- tion of the board of education. Anj^ trustee may, for good cause shown, be removed from office by the board of edu- cation upon ten days' notice, in writing, of the cause al- ledged for his removal, and of the time and place the board will take action thereon. Wlienever, at the end of any school month, the daily average attendance for that month has been less than thirty -five per cent of the whole num- ber of pupils enumerated in the sub-district, the trustees shall dismiss the teacher and discontinue the school, unless otherwise 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 the daily attendance of twenty-five scholars. 14. The trustees shall visit eveiy 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 it may be useful to do so. During 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, furniture, apparatus and library are kept in good order; whether anything injurious to the health is suftered to remain about the house or grounds, and whether the school house is Avell ventilated and kept comfortable, as the season riiay require ; and, where it is necessary, provide^and promptly apply the proper remedy. They shall also, during such visits, make such examination and inquiry as they may deem useful respecting the studies, discipline and general condition of the school and the conduct and proficiency of the scholars ; and give such di- rections or make such suggestions to the teachers as in their opinion will promote the interest of the school, and the health, moi-als and progress of the scholars. 2 10 School Law. 15. Thev shall cause the school houses under their charge, and everything pertaining thereto, to be kept in good «>i'der and repair, and for this purpose it shall, among Diher things, he their duty to cause proper suits and prosecu- tions to be instituted, in the name of the board of education of the disti'ict, or otherwise, against every person who shall injure or distroy any school property of which the said trustees have charge, and they shall not, without the permission of the district board of education, alloAv said school houses to be used for any other purpose whatever, except that they may allow said houses to be used for the purpose of holding religious meetings and Sunday schools, equally, by the various religious denominations that may apply lor the same, under such regulations, as to the care of the same, as they may j)rescribe. The trustees shall furnish to the board of education estimates of all improvements necessary to the preservation or repair of buildings, grounds and furniture under their charge. 16. The trustees of each sub-district shall keep exact accounts 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 them correct, they shall pay by an order to the sheriff, drawn on the building luad of the district, signed by their secretary and presi- dent. The trustees of any sub-district may purchase fuel, water-backets, brooms, coal-hods, shovels, pokers, stove pipes and dippers for use in school-room. They may make such i"epairs in windows, doors, benches, desks, floors, walls, ceilings and roofs as m^y render the house comfort- able. For such purchase or repairs they shall i^ender to the secretary ol the board ot education an account, which, if the board find correct, they shall pay out of the building fund of the district. 17. White and colored persons shall not be taught in the same school; but to attbrd to colored children, as far as practicable, the benefits of a free school education, it it shall be the duty of the trustees of every sub-school dis- trict to establish 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, exceeds twenty- five, according to the enumeration made for school pur- poses. 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 establishing a primary school for colored children residing 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 twelve of this chapter. School Law. 11 18. Whenever in any school district the benefit of a free school education is not secured to the colored children re- sidinij; therein, in the manner mentioned in the preceding section, the fund applicable to the support of free schools in such sub-district, whether received from the state or local taxation, shall be divided in the proportion which the number of colored children 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 hroper 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. 19. The board of education of each district shall annu- ally, as soon as practicable after the first day of June, cause an enumex'atioa to be taken of all youth resident in the several sub-districts of their district who are between the ages of six and twenty-one years, distinguishing be- tween male and female, white and colored; not including persons who are temporarily in such sub-district without the inteiition to make it their home. The enumeration, verified hj the affidavit of the person who took the same, before some person qualified to administer oaths, to the effect that he used all the m.eans in his power to make it correct, and believes it to be so, shall, on or before the first day of July, be returned to the board of education, and by the secretary i^ecorded in his office and transmitted to the county superintendent of free schools. When such enum- eration for any district or sub-district shall not be received by the county superintendent before the first day of July in any year, it shall be his duty, without delay, to employ a competent person to take and verify the same as afore- said. In either event the person taking and verifying such enumeration shall be paid a reasonable compensation, to be allowed by the board of education, not to exceed two dol- lars per day for the ti^-sie necessarih' consumed, and paid by an order of sai i board, L.igned by the president and sec- retary, out of the said building fund of such district. In either case the county superintendent, as soon as he re- ceives the enumeration for any district or independent school district, shall forward to the state superintendent of free shools a statement of the number of scholars therein. OF THE 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 meeting in each school year, setting forth, in reference to their sub-district, the following j)arti- culars, that is to say : The condition of school houses under 12 School Law. their charge ; value and kind of apparatus; nuraber of vol- umns in school libraries, and their value ; with such ex- planations, remarks and additional information as the said trustees may deem useful, or as the blanks furnished by the tate superintendent of free schools may require. They shall also report the same particulars in relation to any schools under their charge for colored persons. 21. The secretary- of the board of education to whom the report of the trustees shall have been made as provid- ed in the twentieth section, shall revise the said reports, and if they be found erroneous or defective, may retui-n them for correction. From the corrected report and the teachers' register provided for in the thirtieth section of this chapter, and such other authentic information as he may be able to obtain, he shall make a report to the coun- ty superiutendynt on or before the twentieth of Septem- ber, anaually, in tabular form, by sub-districts, embracing each particular reported to him by the said trustees' re- ports and teacher" s registers, and showing the aggre>:ate or average of each, as the ease may require, for his district. And he shall further report to the county superintendent on or before the twentieth day of September, annually, the following additional particulars in reference to his district, for the year ending on the preceding thirty-first day of August, that is to say : the rate and amount of the tax lev- ied for the teachers" fund and the buildidg fund, respec- tively ; the amont 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 and placed to the credit of each fund ; the amount of receipts from all other sources and 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 commissions paid to the sheriff or collector ; the amount of the delinquent list returned by said collector; the amonnt of the balance in hand at the cl:>se of the school year for each fund : the amount expended for the purchase of sites for school houses, for the construction and furnish- ing of the same : for the rent, hire and repair of such property, the amount expended for furniture, for appara- tus, for interest, for the enumeration of youth and for con- tingencies ; also, the number of volumes in school libraries and their value; total receipts; total expenditui-es, with such explanations, remarks and additional information as he may deem proper, or as the^blanks furnished by the state superintendent may requii-e. He shall also in like manner report all particulers pertaining to a,ny colored school or schools in his district. For this report the secre- tary shall be allowed out of the building fund, in addition School Law. 13 to his salary as secretary, the compensation often 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 complete, and made within the time specified in this section. 22. The county supei'intendent shall receive and revise the reports made to him as aforesaid, and see that they are iji proper form and according to intent of law ; and when deficiencies or errors are found to exsist, shall re- turn them for correction. From these reports and other authentic information he can obtain, he shall make a re- port to the state superintendent of free schools, on or be- fore the thirtieth day of September, annually, or as soon thereafter as possible, setting forth in reference to each district of his county, and for the year ending on the pre- ceding thirty-first day of Augiist, the several particulars mentioned in the twentieth and twenty-first sections, with the proper aggregate or averages of each for the county ; and shall make the apportionment, and report such ap- portionment to the auditor, and also report whether the district iiave made their levy. SCHOOL YEAR. 23. The School year shall commence on the first day of September, and close on the thirty-first day of August, in- clusively, and all reports, accounts and settlements respect- ing the free schools of this state shall be made with re- ference to the school year. 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 da}^ 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 proposed ; the place where it is to be located ; the estimated expense of establishing the same, including cost of site, building, furniture, books and apparatus; and the estimated annual expense of supporting the school after it is in operation, with siTch other information concerning it as they Tiiay deem joroper ; and stating that the question of authorizing the establishment of such school will be sub- mitted to the voters of the district, at the election specified in the notice, which they shall cause to be posted four weeks before the election in at least three of the most pub- lic places in the district. A poll shall thereupon be taken upon the said question at the election specified in the no- tice, and the result ascertained in like manner as is pre- scribed in section two of this chapter. The ballots used in 14 School Law. voting on the question shall have written or printed there- on the words "for the high shool,"' 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 ques- tion are in favor of authorizing the establishment of the said school, the board of education may tben pi"oeeed to obtain the site, erect proper buildings, fixtures and im- provements, and procure necessary furniture, books and apparatus lor the said school, and to support the same after it is put in operation; for which purpose the board may annually levy a tax on the property taxable in their dis- trict, 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 ql education of the district in which it is established. 25. The board of education shall have power to estab- lish graded schools in towns, villages and densely popula- ted neighborhoods of their respective districts, employ teachers therefor, and to make such special regulations as may be necessary to conduct them. But in every such case involving additional taxation the matter shall be first submitted to a vote of the people, and their consent obtain- ed as is prescribed in section twenty-four in case of a high school: Provided, that no levy for a graded school shall exceed in any one 3'ear fifteen cents on every one hundred dollars of valuation. 26. In like manner, if the boards of education 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 authi>rizing the same to the voters of their districts, separately, and in the manner prescribed in section twenty-four of this chapter, specifying in the notice the amount or proportion of the expense which each district is to contribute; and if author- ized by not less than thi'ee-fifths of the voters voting on the question in each district, may proceed jointly to estab- lish and support the said school; and for that purpose the said boards may annuall}- levy a tax on the property taxa- ble in their respective districts, not to exceed in any one year the rate of thirt}^ cents on every hundred dollars val- uation thereof The said school shall be under the care and direction of directors, to be selected and removed from time to time in such manner as the boards of education concerned 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 situa- ted; aiid the boards of education concerned shall from time to time prescribe such regulations as they may deem necessary respecting the school. School Law. 15 27. The board of directors who have the care and direc- tion of the said school, shall appoint 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 ages and qualitications of the scholars to be ad- mitted; admit scholars from non-contribating districts on such terms of tuition as they may deem proper ; expel or suspend scholars when necessary ; ascertain and certify the exj)enses of the school, of which they shall cause exact accounts to be kept; and prescribe all needful regulations respecting the school, subject, nevertheless, to any regula- tions respecting the same that may be prescribed pursu- ant to the preceding section. They shall annually report, through their secretary, on or before the twentieth day of September, to the superintendent of free schools tor the county in which the school house is situated, such other particulars respecting the school as the state superintend- ent of free schools may require ; and the county superin- tendent shall transmit the report, with such remarks and additional information as he deems proper, to the state superintendent. COUNTi' BOARDS OP EXAillNERS. There shall be in every county, for the purpose of exam- ining and certifying teachers, a county board of examin- ers, to be composed of the county superintendent, who shall be ex-otficio president, and two experienced teachers to be appointed by the presidents of the district boards of education, to be held at a mfteting for that purpose, at the county seat on the day of the county court next preceding the thirty-first day of August of every year, at which meeting a majority of said presidents or any three thereof shall constitute a quorum. The board of examiner^ shall each receive a compensatiou of three dollars per day for each day actually and necessarily spent in conducting the examinations, and for one Jay at each of the two stated examinations required in section twenty-eight ot this chapter, to be spent in consultation and preparation for their duties. This compensation shall be paid out of the fees received from the teachers examined, and shall in no case exceed the amount thereof. COUNTY SUPERINTENDENT. It shall be the duty of the county superintendent to col- lect from every person who applies for examination a fee therefor of one dollar, out of which he shall pay the per diem of the board of examiners, 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 the state, and distributed with it, for the school year next preceding 16 School Law. He shall, at the end of each school year, make and deliver to the clerk of the county court, and also to the state superintendent, a detailed and certified account of the names of all applicants for examination; the amount of 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. 28. No teacher shall be employed to teach in any public school of this state until he shall have presented to the trustees, directors, or board having charge of such school, a certificate in duplicate of his qualifications to teach a school of the grade tor which he applies; the duj>licate of which shall be filed with the secretary of any hoard of education in the countj' in which the school is situated, and so endorsed on the original by the secretary; and no salary shall be paid to any teacher unless such duplicate be filed as aforesaid. The board of examiners shall examine each candidate for the profession of teacher who may ap- ply to them, as to his or her competency to teach ortho- graphy, reading, penmanship, arithmetic, English gram- mar, geography and history, if the application be for a primary school ; and if the application be for a higher school, they shall examine the applicant as to his compet- ency to teach the additional branches required for such school; and if satisfied of the competency of the applicant to teach and govern such school, and that he or she is of good moral character, they shall give a certificate in dupli- cate accordingly. The countj^ superintendent shall keep a register of all certificates awarded by the board of ex- aminers, stating the character and gTade of certificate and the time when issued. No certificate issued by the board of examine, o shall be of force except in the county in which it was issued, nor for a longer period than one year; and the board of examiners may, upon projjer evidence of the fact, revoke the certificate of any teacher within the coun- ty, for any cause which would have justified the withhold- ing thereof when the same was granted, by giving ten days' notice to the teacher of their intention 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 appli- cants for certificates shall be required to attend; and should circumstances require it, the county superintendent may call extra meetings for the same purpose; county superintendents and members of the board of examiners may be employed as teachers without the certificates re- quired of other teachers. 29. The following regulations shall be observed b,y boards of examiners in regard to examinations and grant- School Law. 17 ing teachers" certificates : First. No applicant shall be ad- milted to an examination unless the board shall have rea- sonable evidence that he or she is of good moral character and temperate habits. Second. JSTo college diploma or cer- tificate, or recommeiulation from the president or facultj' of an}" college or academy, shall be taken to snpercede the necessity of examination b}" the board of examiners, nor shall a certificate be granted to any applicant except after a careful examination upon each branch of study and iT])on the art of teaching. Third. Boards of examiners and others herein authorized to confer certificates shall state the teacher's grade of proficiency in each branch in which he is examined. Fourth. They shall grade the certificates granted according to the following scheme, numbering them according to the merit of the applicant, from one to five; number three shall be assumed as the medium be- tween a very good and an indifferent teacher, so that the scheme will stand thus: Number one, a very good teach- er, one accomplished in ever}'' respect; number two, a good teacher; number three, medium; number four, be- low medium; and number five, indifferent. A number five certificate shall never, be granted to a teacher more than once. If, upon a second examination, the applicant is not found entitled to a higher grade, no certificate shall be granted in the county nor in any other county of the state. -A number four certificate shall not be granted more than twice in succession to the same applicant in tiie same or in any other county of the state. If, at the third examination, the applicant is not found entitled to a higher grade, no certificate shall be granted. NORMAL SCHOOL CERTIFICATES. Diplomas granted to students of the normal school de- partments of the several normal schools of this state, as provided in the eighty-eighth section of this chapter, shall be accepted as a certificate of qualification to teach common schools throughout the state. But should such diploma be at an}^ time annulled by the state superintendent, it shall no longer confer the right to teach. PROFESSIONAL CERTIFICATES. Professional certificates shall be granted by a state board of examiners, composed of three members, one of whom shall be the state superintendent of free schools, and the other two professional teachers to be appointed by the governor. They shall examine any one applying there- for, and if, upon such examination, he be found full}^ quali- fied, they shall grant him a professional certificate in proper form, engraved upon parchment, authenticated by the seal of the office of state superintendent, and attested 3 18 School Jjaw. b}' bis siguature tberelo, by wbich certificate the said teacher shall be iegall}' admitted -to the ])rofessioo of teacher throughout the state of West Yirgiuia during his life: Provided, That tlie state superiutendent sliall re- voke such protessioual certiticate tor immoralit}', intem- perance, or other good cause, when clearly proved; and the board of examinei'S of any county, shall, for like cause, revoke the right conferred by such certificate. Avithin the limits of their respective counties. For every profes- sional cei-tificate a fee of iive dollars shall be paid into the distributable school fund. As^ami_nded^by 3(j Every teaclier shall keei) a daily register, and make 1877.' ' ' monthly reports to the secretary of the board of education of his district. He shall also keep a term register, in which shall be entered the date ot the commencement and termiaation of every term of the school; the name and age of ever}^ scholar who attended the school during such term; the dail}^ attendance, distinguishing between males and females; the branches taught, and the number of scholars engaged in each month in the study of each branch, and such other particulars as are necessary to en- able the secretaries of the board of education, or directors, to make the reports required of them. The state superin- tendent of free schools shall prescribe such forms and reg- ulations resi)ecting the register to be kept, and reports to be made b}" the teachers, as shall seem to him necessary. At the close of each term the register thereof shall be re- turned by the teacher to the oiSce of the secretaiy of the board of education for the district, who shall file the same, and unless such register be pro^Derl}^ kept and returned, the teacher shall not be entitled to demand payment of the balance due on his salary. Teachers shall be paid month- ly, and by ordei's on the sheriff, or collector, signed by the secretary and president of the board. Where sa\j teacher has taught 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 secretary of the district board, where- upon he shall receive from said secretary an order upon the sheriff', or collector, of the county, signed by the said secretary and the president of the board of education, for one month's salary ; but in no case shall such order be given unless the monthly report containing the facts re- quired 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-two days, ex- cluding Saturday, twenty days of which shall be devoted to teaching the school contracted for, and two days shall be devoted by the teacher to attending county or district institutes, for each month contracted for, and there devote his full time in such institutes as are in operation, to the School Law. 19 improvement of hiniiself und his felloAV teachers in the branches of learning taught in the free schools^and in the art of teaching. Aucl each teacher shall so attend some institute during the year, for two days for each month, he or she shall be employed to teach, not exceeding eight days in any year. It shall be the duty of the county superin- tendent to organize and conduct such institutes in person or by some competent teacher, whom he shall ap2)oiut in his stead, and to procure and keep a record of the ^^I'O- ceedings of said institutes, and of the teachers of his county who attended, and of the length of time each one attended and of the teachers who failed to attend the institutes held in the county or districts, . and report their names to the respective boards of education, and also report to the state superintendent the whole number of teachers Avho attend- ed institutes in his county during the year, at or before the end of the school je^Y. If any teacher is reported as aforesaid for non-attendance on the institutes designated in this section, and in section fifty-four of this cha2)ter, the board of education of the district in which he is employed as a teacher, shall make a pro rata reduction from his or her salarj^ for the time of non-attendance so reported, but such reduction shall in no case be for more than eight days in any year. 31. In contracts with teachers, it shall be understood that the school is not to be kept in operation for ordinary instruction on the first da}^ of Januarj^, fourth day of Jul}", or the tvventj^-fifth Any of December, nor on any national or state festival, thanksgiving or fast day; but the month or time mentioned in such contract shall nevertheless be computed as if the said days were included. The school month shall consist of twenty-two days, excluding Satur- days. ^ GENERAL DUTIES OF TEACHERS AND SCHOOL OFFICERS. 32. 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 furnishing the state with exemplary citizens. It shall also 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 ex2:)ense shall be incurred therefor, to exceed fifty cents per week. SCHOOL HOUSE FURNITURE, ETC. — EXEMPTION FROM LEVY ENFORCEMENT OF CLAIMS. 33. The president of the board of education of every district shall, at least once a year, examine the school bouses and school house sites in the district, and report 20 School Law. the condition of the siunc to the board ; tind such as ai'c. in their jiidgnient, jH'operlj located, and arc sutficiont, 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 count}* superintendent, shall be sold at public sale, or otherwise, by the board of education, and on such terms of sale as the board may order, and the pro- ceeds added to the building fund : Provided, That the gran- tor, or his heirs, ot any such school house site, shall, if be or they so desire, have the same re-conveyed to him or them without the buildings thereon, (if any), upon paying to the board of education the amount received by such grantor for such site; or in case no compensation was paid therefor, the same shall be so re-conveyed free of charge. In case of such re-conveyance, the building ou such site, (if any) shall be sold, as hereinbefore provided, with privilege to to the purchaser to remove them from off such site in a reasonable time. This proviso shall not be construed to appl}" to any school house lot within any village, town or city. 34. The board of education of every district 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 inhabitants thereof, and improve such grounds and provide such fur- niture, fixtures and appendages for the said school houses as the comfort, health, cleanliness and convenience of the scholars may require ; and keep such grounds, school houses, furniture, fixtures and appendages in good order and repair : Provided, That in case such boards of educa- tion shall be unable to agree upon a proper location for a school house in any sub-district, such location shall be decided by the county superintendent. Boards of educa- tion in adjoining districts, or counties, may jointly provide for the erection of school houses for the accommodation of adjoining jjortions of districts, or counties, for high schools, union school or sub-district schools, which, from local causes, cannot be conveniently attached to sub-districts in the districts, or counties, to which 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 agree- ment made between the boards of education interested. Such school houses shall be provided Avith furniture, fix- tures, and such other aj)pendages as are supjilied to school houses generally. An equitable amount shall be assessed on each district interested, by the respective boards of ed- ucation, 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, School Law. 21 for building or ropitiriiig scliool hoawcs. No board of cd- uctitioii, or uny member thereof, or trustee of tiny sub-dis- trict, sluiU become personally interested in any contract for building- or repairing school houses in his or their dis- trict, under a penalty of one hundred dollars, to bo recov- ered by the action of any person before any justice of the county in which such contract is made, upon proof of such contract, and any member of such board vioUiting this section shall be guilty of a misdemeanor and fined not less than twenty dollars. 35. JSIo school house shall- be erected unless the phm thereof shall have been submitted to the county superin- tendent and approved by him ; and it is hereby made his duty to accpuaint himself with the principles of school house architecture, and, in all his plans for such struct- ures, to have regard to economy, convenience, health and duribility of structure. 36; When land has been designated by the board of ed- ucation of any district as a suitable location for a .school house and the necessary buildings, or for enlarging a school house lot, if the owner or owners refuse to sell the same, or demand a price therefore which is deemed by the board unreasonable, or the owner is afemme 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 newspaper published in 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 j^etition the circuit or county court of their county to have such lots of ground condemned for the use of public schools, and the court shall thereupon appoint a jury of viewers, to con- sist of twelve free-holders, persons not resident in the dis- trict Avithin which such land is located, who being duly sworn faithfully and impartially to try all matters submit- ted to them, shall assess the value of such land ; and upon due return being made of such assessment, and the amount thereof being paid or tendered to the owner or owners, of the land in question, or disposed of as the court may di- rect, the said board may enter thereon, and use such land for school house purposes, and the decree of the court ap- proving or modifying th.e report of the viewers, shall be recorded by the board of education in the deed books of the county, in the clerk's office : Provided, That no land shall be taken which shall exceed in quantity one acre. 37. All school houses, school house sites, and other prop- School Law. ertv beloiig-iii;;- to any board of edueatiun. and used for school inirposcs, shall be exempt from execution or other l^rocess, and from lien on or otber distress for taxes or county levies; but ^vhen any order of the board, upon the sheriff of the county, or jadgment or decree for a sum of money against the said board has been presented to such sheriff Avlthout obtaining payment, payment thereof may be enforced by the circuit court hx mandamus or an order for a speeitic 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 appendages, and keep the same in good order and repair, and to supply said school houses with fuel and all other things necessary for their comfort and conve- nience: and to pay the principal and interest of any loans made pursuant to this section, and all other expenses incurred in the district in connection with schools not chargeable to the -'teachers" fund,'' the board of education shall annually levy a tax on the property taxable in each district, not to exceed, in any one year, the rate of forty cents on eveiy hundred dollars valuation thereof, accord- ing to the latest assessment of the same for state and county taxation. 39. The proceeds of taxes so levied, of school houses and sites sold, of all donations devises and bequests, ap- plicable to any of the purposes mentioned in the pre- ceding section, and of any loans that may be made for such purposes, shall constitute a special fund to be called the -'building fund," to be appropriated exclusively to the purposes named in the preceding section. And the board of education of any district may borrow money for such purposes on the credit of the -'building fund," but such loans shall at no time nmount in the aggregate to more than can be paid by a levy at the rate of twenty cents per hundred dollars per j^ear for three successive years, on the assessed valuation of the taxable property of the district. ANNUAL LEVY FOR SUPPORT OF PRIMARY SCHOOLS. 40. For the support of the j)rimary free schools of their district, and in each independent school district, the board of education thereof shall annuall.y levy, by the authorit^y 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 monej- received from the state for the support of free schools, be suflficient to keep such schools in operation for at least four months in the year: Provided, The said tax in an}^ year shall not exceed the rate of fifty cents on every hundred dollars valuation, according to the latest School Law. 23 available assessment made for state and county taxation. The proceeds of this levy, together with the monej' re- ceived 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. Upon the failure of any board of education to lay such levy as is hereby required, or any other levy provided for in this chapter, they shall be compelled to do so by the county court of the county, by w^r it of man- damus, unless good cause be shown to the contrary. 41. If the board of education of any district agree that the schools in their district should be continued more than • four months in the year, or if twenty or more voters of the district ask it in writing, they shall submit the ques- tion to the voters thereof at a time specified in the order thereof, which order shall state also tlie length of time for which it is proposed to continue the schools. Ballots may be used for voting on the question, on which may be writ- ten or printed, " for months' school," for those who are in favor of more than four months' school ; those who oppose a longer term than four months, may vote with a ballot having written or printed on it, "against more than four months' school" And if the proposition for a longer term than four months have a majority of all the votes cast for and against, then the board may order the levy accordingly : Froouled, That in any district where a poll is held for the purpose herein specified, notices of such election shall be posted by the clerk of the board of edu- cation in at least three public places in the district, three weeks before the day of voting ; and the notice shall explicit- ly state the term of time for the school which is to be voted for, and only one term of time shall be voted for at any one election. The poll shall be held and the election con- ducted, and the official records returned as is prescribed in the second section of this chapter. 42. JSTo district, or independent school district, 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 cred- ited on the books of the auditor to any such district, or in- dependent school district, on the thirty-first day of August in each year, shall, on that day, be transferred on the books of the auditor to and form part of, the general school fund to be next distributed. 43. The assessor of every assessment district shall make out and deliver to the secretary of the board of education of each district, and independent school district, in his dis- 24 School Law. triet. on or boloro iho iirst day of Sopterabcr. in eac-li year, a oertiticato sliowing the agi;Tt\irate value of all ]>ersonal projievty and real estate, respectively, in such disiriet. or indej^endent school district, which certificate shall serve as a basis tor any levy that may be made for school purposes tor that year. 44. Immediately u]:»on the receipt of the certificate men- tioned in the precedirig section, and ot the notice from the connty superintendent as bei'eafter provided, showing the amount of the general school fund to which such dis- trict, or independent school district, is entitled, it shall be the duty of'the b'Sard of education of such district to deter- mine the rates of taxation necessary for the pa}' of teachers and for the building fund in their district for the school year, and report the same, by their secretary, to the clerk of the county court, to the county supei'inteodent, and also to the assessor. And thereupon it shall be the duty of the said assessor to extend on his books of the 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 proceed to collect the same, and shall account therefor as required by law.. 45. Am' a>>t->:?or who shall fail to make out and deliver the certificate mentioned in the forty -third section, and any seci-etary of a board of education who shall fiiil to make out and deliver the certificate named in the foi'ty- fburth section, shall be fined twenty dollai'S. for the benefit of the building fund of the district. And any assessor who shall charge on the assessors books, as provided in the preceding section, a greater amount of taxes than is dne from the person charged therewith, shall, in siich case, if the overcharge be inadvertently made, be fined double the amount, and if willfully 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 in- former. The fines provided for in this section may be recorded on motion of any citizen of the district, or sub- district, in which such delinquency of the assessor, or .sec- retary, shall occur, or in which the property overcharged may be; and said motion may be, on ten days" notice, made before any justice of such district. It shall not be lawful for the board of education of any disti-ict, or independent school district, to contract for, or expend, in any year, more than the aggregate amount of its quota of the general school fund, and the amount col- lected from the district, or independent school district lev- ies ot that year, together with any balance remaining in the hands of the sheriff' or collector at the end of the pre- cedinii; year, and such arrearacres of taxes as may be due 1S77. School Law. 25 such district or independent scliool district. Nor shall such board incur unj debt to be piiid out of the school money of any subsequent year, for any other juirpose, or in any other manner than is provided for in section thirty- nine of this chapter. If any trustee or board of education shall make any agreement for the employment of a teacher, or for any other object concerning free schools under tlieir charge, so as to occasion thereby the aggregate of the just claims against the board of education of the district or independ- ent school district, in any jeav to exceed its aggregate re- ceipts as aforesaid, for such year, such board of education or trustee shall be individually responsible to the teacher or other person with whom such agreement is made. 46, The sheriff or collector of the county shall receive, ^^^ amended bv collect and disburse all school moneys for the several dis- 9'i;ii'-'''''-'^"^ts6t tricts and independent districts therein, both that levied hj said districts and that distributed thereto by the state. He shall be required by the county court to give, in addi- tion to his bond as collector of the state and county taxes, a special bond with approved security, in a penalty equal to double the amount of school money which will proba- bl_y come into his hands for school purposes during his term of office, and shall be made payable to the state of West Yirginia, with one or move sureties deemed sufficient by such court, and proved or acknowledged before such court, and an order stating such proof or acknowledgment shall be entered of record of such court. He shall keep his accounts with the several boards of education of each district and independent school district; one of money be- longing to the teachers' fund, and the other of money be- longing to the building fund, and shall credit every receipt and charge every disbursement to the fund to which it belongs. He shall'pay out no money standing to the credit of the board of ediication, except upon an order signed by the secretary and president thereof, specifying the sum to be paid and the fund to which it is to be charged; or upon a certified copy of a judginent or decree of a court of jus- tice against the said board, for a sum of money therein specified, or upon an order of the count}" superintendent, as provided in section eight of this chapter. He shall, on or immediatel}' before the first day of September in each year, settle with the board of education of each district and independent school district, in which settlement he shall be charged with the amount of taxes levied by the board of education upon the propertj^ of the district or independent school district for the teachers' fund and the building fund, and with the amount distributed thereto from the general state fund, and for any other mone3"s received by him during the current j^ear on account of the free school of such district or independent school district; 4 26 School Law. and he shall be credited with the amount of deliiK^nent taxes of such district or independent school district that has heon 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 ])vo- duced by him, if found to be correct bj^ the district board of education, and he shall receive no other credit, except his commission, as hereinafter pi'ovided ; an account of this settlement shall be made out by each board of educa- tion, naming the district for which it is made, with the proper debits and credits which were the subject of this settlement. They shall also number all vouchers Avith which the sheriff has been credited b}' them, and endorse on the back of each the words, "settled hj B. E." lender 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 collector, 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 settlement to be made by the sheriff or collector with the county court, according to article twelve and section seven of the constitution, and section fiftj^-two of this chapter. If any sheriff or col- lector shall pay out in any one year more money on ac- count of the teachers' fund or building fund than shall have been levied and could have been collected b}' him during said 3^ear, together with the amount remainiiig in his hands from any preceding year, he shall, in said settle- ment, receive no credit for such excess. He shall receive no pay for receiving the state school fund nor for the dis- bursement of any school money. If he 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, judgment upon motion therefor may be obtained before any justice of his county, or before the county or circuit court thereof, he having had at least ten days' notice of the motion. DELINQUENT LISTS — SALE OF DELINQUENT LANDS FQR DIS- TRICT LEVIES. , , , 47. The delinquent lists for district levies shall be re- As amended I>y , , ,^ i i i r i Chap. 77, Acts turned, and real estate sold therefor as hereinafter pro- ^ '^' vided. Such lists of delinquent lands shall be in form or in substance as follows : "List of real estate in the district of^ , in the county of , delinquent for the non-pa3'ment of school taxes thereon, for the year ." School Law. 27 Name of person. 1 '6 a O a a a g •2 a 3.2 11 c i 3 2 "3 1 3 P "£ 2 The delinquent lists of personal property shall be in form or in substance as follows: "List of personal property in the district of , in the county of , delinquent for non-payment of district taxes thereon lor the year ." Jsame of persou. Why returned de]inqii3nt. And the sheriff or collector returning such lists shall, at the foot thereof, subscribe the following oath : ''I, A — B — , sheriff, (deputy sheriff or collector), of the county of , do gwear that the foregoing list is, I verily believe, correct and just ; and that I have received no 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 diligence to find property within nay county liable to distress for said taxes, but have found none. 48. The said lists shall be presented to the county court at their term in the month of in every year, and the same shall be examined, corrected and certi- fied to the auditor, and a copy of the list of real estate to 28 School La^'. the assessor, who shall, iu jirejiaring his next h\nd book make the required cori'eetion. The original lists shall be preserved by the elerk of the eoiiiity court in his office, and the amount of the same, allowed b}' said county court, shall be certitied by the clerk of said court to the board of education of the proper district. 49. The auditor shall include the taxes so returned de- li ncjueut in his lists to be furnished the sheriff for sale for other delinquent taxes. 50. There shalLbe a lien on all real estate for the dis-. trict levies assessed thereon from the time of such assess- ment in such year, and interest upon sxich levies at the rate of six per cent, per annum, from the twentieth day of January in the year following that in which the assess- ment is made, until payment. 51. A copy of the list of personal jDroperty returned de- linquent for the non-payment of district levies shall be placed by the clerk of the county coui't in the hands of the sheriff', or collector, for collection, to be collected and accounted for by him in the same manner as for levies originally placed in his hands for collection : and he may c-ollect such levies by distress or otherwise, at any time within two years after they are so placed iu his hands. As ampnded hj 52. Every sheriff', or collector, shall be allowed three ynap. 77, Acts p^j. (.entum commissions on the collection of all district levies for free school pui'poses. ' In addition to the settle- ments required of each board of education of a district, every sheriff', or collector, of school moneys shall also make annual settlements b}' districts with the count}' court of each county, at its next term after the first day of Septem- ber of each year, showing the amount of all moneys re- ceived and disbursed by him for the preceding year for school and building purposes, from state and from the dis- trict and independent school district funds and the amount due to each district ; which settlement shall be made mat- ter of record by the clerk of said court, in a book to be kept for that piu-pose. All accounts and vouchers required to be returned to the clerk of the county 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 separately. If any sheriff, or collector, of school moneys shall fail to make the settlement required by this section at the time required, he shall forfeit fift}* dollars to the general school fund, and a like penalty shall be incurred by him for each subsequent term of the court that shall pass without such settlement. And the sheriff, or collector, shall, moreover, be charged with twelve per cent interest on all school School Law. 29 moneys in his hands for the time he is in default in mak- ing the settlement required in this section, which interest shall be charged uj) against him when the settlement shall be made. When the sheriff, or collector, shall fail to make this set- tlement at the time required herein, it shall be the duty of the prosecuting attorney to proceed by action against him and his securities in the county court, to recover the fine imposed upon him bj^^ this section. Everj^ sheriff or col- lector shall, moi-eover, be liable to any person injured in consecjuence of his failure to make the settlement herein required. This settlement shall extend back to the time when the sheriff became collector of district levies for school pur- poses. If any board of education fail to make the settlements required by section forty-six of this chapter, with the sheriff, when requested by him to do so, each member of such board so failing or refusing shall be fined twenty dol- lars for the benefit of the school fund. The clerk of the county court shall transmit a copy of the settlement to the state superintendent of free schools, within ten days after the same has been made. ELECTION OF COUNTY SUPERINTENDENT. 53. A county superintendent shall be elected as is pre- scribed in section two of this chapter, on the first Tuesday in August, in eighteen hundred and seventj^-seven ; and on the same day and month every two years thereafter. His term of office shall commence on the first day of Septem- ber next succeeding his election, and continue for two years, and until his successor shall be elected and qualified according to law : Provided, That the term of office of county superintendents elected in eighteen hundred and seventy-three, shall commence on the first day of January, eighteen hundred and seventy-four, and continue till the thirty-first clay of August, eighteen hundred and seventy- five, inclusive, and until their successors are elected and qualified. 54. He shall be a person of good moral character, of tem- perate habits, of literary acquirements, and skill and experience in the art of teaching. His compensation shall not exceed three hundred dollars in any one year. To every account for services made out by him he shall append his affidavit that for the number of days therein charged he was actually and necessairly employed in the discharge of his official duties. When such account is audited and allowed by the county court, the clerk of said court shall report the same officially to the state superintendent of free schools, who shall pay the same by his order drawn upon the auditor 30 School Law. in half yearly instalments. But no such paj'inents shall be made until the county supcvintendent has made reports, re- quired of him by this chapter, to the state superintendent of free schools.' The same shall be paid out of the state fund, but the amount thereof shall be deducted by the auditor from the amount next to be distributed to such a county. He shall, before entering- upon the duties of his office, execute a bond conditioned according to law, before the clerk of the county court of his county, in the sum of five hundred dollars, with approved security, upon which bond he shall be liable in any court having jurisdiction, to any ^jerson or persons, or to any district board of educa- tion for loses sustained by reason of his neglect or non- performance of duties imposed by this act. Said bond shall be filed in the office of the clerk of the county court, who shall within five days certily to the state superin- tendent of fi"ee school the name of said county superinten- dent and his postoffice address: Provided, That coitnty superintendents elected under provisions of former acts shall continue in office until their successors shall have been elected and qualified under this act, and they shall receive the same compensation for their services, and in the same manner as is provided for county superinten- dents in this act. Yacancies in the said office shall be filled by the jjresidents of the boards of edtication in the county, a majority being present ; for Avhich purpose the clerk of the county court shall notify them to meet within ten days after such vacancy shall occur. Such appointments shall be for the unexpired term, or tmtil a successor has been elected and equalified. 55. The county superintendent shall visit the schools within his count}", at.least once, at such time as he may deem necessary and proper, and note the course and meth- od of instruction, andfthe 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 exped- ient, so that uniformity in the cotirse of studies and meth- ods of instruction employed shall be secured, as far as practicable, in the schools of the several grades, respect- ivelv. He shall acquaint himself, as far as practicable, with the character and condition of each school, noting any deficiencies that may exist, either in the government of the school, the classification of its scholars, or the method of instruction employed in the several branches, and shall make such suggestions, 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 progress of the scholars. He shall note the character and condition of the school houses, the sufficiency or insufficiency of their furniture and fixtiires, and shall make such suggestions to the several district boards of edtication as, in his opinion, School Law. 31 shall seem conducive to the comfort and progress of the scholars in the several schools. It shall be the duty of the county superintendent to aid the teachers in all ])roper efforts to improve themselves in their profession. For this purpose he shall encourage the formation of county institutes' for mutual improvement; shall attend the meetings of said institutes whenever prac- ticable, and give such advice and instruction, in regard to their conduct and management, as in his judgement will contribute to their greater efficiency. In connection with suj^erintendents of the adjoining counties, each county superintendent shall encourage the formation of union in- stitutes ; shall attend and participate in the exercises of the same, as far as practicable ; and shall lise all proper means to imjDrove the efficiency of the teachers, and to elevate their profession. He shall at all times conform to the in- structions of the state superintendent of free schools, as to the matters within the jurisdiction of the said superin- tendent, and shall serve as the organ of communication be- tween 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 general superintendent to the several boards and persons entitled to receive the same. 56. In addition to the report mentioned in the twenty- second section, it shall be the duty of the county superin- tendent to make out and transmit to the state superinten- dent of free schools a detailed report of the condition and character of the schools within his county, noting all de- ficiencies and suggesting their remedies, with such remarks upon the operation of the school laws, as his experience and observation may suggest, pointing out wherein he con- siders them deficient. He shall also report such districts as have failed to make returns of the enumeration of youth as required in the ninetenth section of "this act; and also those districts that have failed to make the lev}'' required in sectien forty. It shall be the duty of the county super- intendent to make, in a well bound book to be kept for the purpose, a record of all his proceedings ; of all certificates issued by the board of examiners, and of all reports made by him ; which book shall be the property of the office. SCHOOL OFFICERS NOT TO ACT AS AGENTS FOR BOOKSELLERS, ETC.; SCHOOL BOOKS TO BE USED. 57. No school officer, or teacher of i»ny free school, shall act as agent for any author, publisher, bookseller, or other person, to introduce or recommend the use of any book, apparatu.s, furniture, or other article whatever, in the free schools of this state, or any one or more .of them, or di- rectly or indirectly contract or receive any gift or reward 32 School Laav. for so introducing or reeommendino; the same, nor shall such person be otherwise interested in the sale, proceeds or profits of an}- 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 merchants who in connection with their business may desire to sell school books or other things used in schools, provided the same are embraced in the prescribed series. 58. The following series of class books shall be used in the free schools throughout the state, viz: Reading. Spelling. ELOcrTiON. — McGuffey's New Ee- vised Eeaders; McGufi'eys New Eclectic Spelling Book; Kidd's Elocution and Yocal Culture. Mathematics. — Rays Arithmetics : Ray"s Test Exam- ples : Ray's Elementary and Higher Algebra ; Evans' School G-eometr}' for beginners : Eobinson's New Geom- etiy and Trigonometry; Eobinson's Surveying and Nav- igation : Robinsons Progressive Table Book. Grammar. — Harvey's Grammar : Kerl's Treatise for High Schools. Geography. — Kuote's Geography of West Virginia; Mitcholl's New Eevised Geographies : Cornell's Outline Maps; Guyot's Physical Chart; White's Class Book of Geography for Examinations ; Lesssons on the Globe, by Mary Howe Smith. History. Natural Science, etc. — Goodrich's Common School History ; History of the United States, by Holmes; Natural Philosophy — Comstock ; Philosophy of Natural Histor}' — Ware and Smilie ; Ehetoric — Blair ; Chemistry, (new edition) — Youman's; Geography of the Heavens— Burritt; Astronomy (Elementary) — Eobinson: Geology — Dana; Mineralogy — Dana; Botany — Graj— Anatomy and Phisiology — Cutter: Dictionary— Webster. It shall be the duty of the county superintendent to en- force, by all proper means, the use of the text books, which may be prescribed as herein provided, and to see that no others are introduced ; and if anj" teacher shall violate the provisions of this section, he shall be subject to the fine prescribed in the fifty-ninth section of this chapter. FINE FOR violating ANY OF THE PROVISIONS OF THIS CHAPTER. 59. If any officer or teacher fail to perform any duty re- quired of him by this chapter, or violate any provision thereof and there is no other fine or punishment imjjosed therefor by law, he shall be fined not less than three, nor more than ten dollars, for every such offense, to be recov- ered before a justice ot the peace of the county; and such fine shall not impair or affect his liability for damages to any School Law. 33 person injured, nor the liability of himself and sureties on his official bond. If the board of education of any district, or independ- ent school district, fail to perform any 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 prem- ises. ANNUAL DISTRIBUTION BY THE STATE FOR SUPPORT OF FREE SCHOOLS. 60. For the support of free schools there shall be a state tax levied, annually, often cents on the one hundred dol- lars valuation on all the real and personal property of the state, which together with the interest of the invested school fund, the net proceeds of all forfeiture, confiseations and fines which accrued to the state during the previous year, the proceeds of the annual capitation tax, dividends on bank stock held by the board of the school fund, and the interest accruing on stock invested in United States bonds, shall be set a]3art as a separate fund to be called "the general 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 distributed to the several counties in the state in proportion to the number of youth therein, according to the latest enumeration made for school purposes ; but the auditor shall first deduct therefrom the aggregate salary of the state superintend- ent of free schools, and the necessary traveling and con- tingent expenses of his office, together with such other sums as may be required to be paid by him out of the gen- eral school fund. Fifty per cent, of this distributable sum shall be paid on the fifteenth day of October, and the re- mainder on the fifteenth day of January, of each year, and in the manner provided in the sixty-first section of this chapter. 61. It shall be the duty of the auditor, on or before the first day of September in each year, to ascertain the amount which is distributable among the several counties as afore- said, and notify the state superintendent of free schools thereof, who shall thereupon ascertain the proper share of each county and notify the auditor and each county super- intendent, also the amount dedu.cted by the auditor 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 deduct from the share of his county before making his distribu- tion of the same among the several districts thereof. Upon receiving such notice, the county superintendent shall as- certain the proper share of each district, and independent 34 School La%v. school district, of his county, according to the number of jouths therein, and give notice to the hoard of education of each district, and independent school district, in the county of the amount of the state fund due each, respect- ively, and that the same cannot be draAvn by them until they have made the levy reqiiired by the fortieth section of this chaj^ter. 62. Upon being officially notified by the secretary of the board of education, in the manner provided for in the forty-fourth section ot this chapter, that the board of educa- tion has authorized the levy for school purposes, the county superintendent shall issue his requisition on the auditor, payable to the order of the sheriff of his county, for the amounts due such districts as may have made the levy aforesaid, in two equal instalments, payable on the fifteenth day of October and January, respectively ; whereupon the auditor shall issue his warrant upon the treasurer in favor of the said sheriff for the amount of such requisition, indicating in writing upon said wari*ant. the depository upon which the same shall be drawn, and the treasurer shall there U2)on be authorized and required to draw his check upon the said depository for the said amount. The requisition of the county superintendent shall be in lorm or in substance as follows: Office of County Superintendent of Free Schools, ) county. . 187 — . \ Auditor of West Virginia: Pav to the order of ', sheriff of county. dollai\s, being the amount of .state school fund apportioned to the district (or independent school district) of , in said county, for the year 187 — , authorized to be drawn on the fifteenth day o± , 187 — . It is hereby certified that the said district (or independent school distinct) has made the levy for school purposes as required by section . chapter , code of West Tirginia. and that the sheriff of the county has given the security required in section . of said chapter. . County Superintendent. state superintendent of free schools. 63. There shall be elected a state superintendent 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 good moral character, of temperate habits, of literary acquire- ments, and skill and experience in the ai"t of teaching. He shall receive annually the sum of one thousand five hundred dollars in payment for his services, to be paid monthl}' out of the school fund upon warrant of the aud- itor. If in the performance of any such duty imposed School Law. 35 upon him by the legislature, he shall incur any expenses, be shall be reimbursed therefor; provided the amount does not exceed five hundred dollars in any one year. 64. The state superintendent shall reside and keep his office at the seat of government. He shall provide a seal for his ofiice, and copies of his acts and decisions, and of papers kept in his office, authenticated by his signature and official seal, shall be evidence equally with the orig- inal. He shall sign all requisitions on the auditor for the paj'^ment 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 super- intendents instructions how to conduct the elections pre- scribed in this chapter, to keep and transmit the official records and ballots thereof, and the manner of ascertain- ing and announcing the results, so as to conform the same to the provisions of this chapter, and also to such pro- visions 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, to be by them distributed to the persons entitled to the same. He shall cause as maay copies of this chapter 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 forwarded to the county super- intendents, to be by them distributed to the persons enti- tled to i-eceive them. 66. It shall be the duty of the state superintendent to aim at perfecting the system of free schools as established in this state ; and for this purpose it shall be his duty to correspond with educators and school officers abroad, to acquaint himself with various systems of free schools established in other states and countries, collate the results as exhibited in the reports of their several superintendents, and to use all efforts necessary to enable him to render available to the purposes of the legislature, the combined results of the experience of other communities with his own experience and observation. He shall acquaint him- eelf intimately witii the peculiar educational wants of each section of the state, and shall take all proper means to hupply them, so that the schools shall be as nearly as pos- sible equal and uniform in grade throughout the state. 36 School Law. He shall acquaint himself Tvitli the different systems and methods of instruction which may be introduced among educators, and shall exj^lain and recomm.end such as expe- rience and sound principles of education may have demon- strated to be valuable ; and it shall be his duty to endeavor to render available to the peoj^le of this state all such im- provements in the system of free schools, and the methods of instruction, as may have been tested and proved by the experience of other communities. 67. He shall, on or before the first day 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 fi-ee schools within the state, embracing all statistics compiled from the reports of the county superintendents, and such other authentic informa- tion as he can ]3rocui'e. which will be necessary to give a proper exhibition of the working system, together with such plans as he may have matured for the management and improvement of the school fund, and for the better and more jDerfect organization and efficiency of free schools ; and likewise all such matters in relation to his office and to fi-ee schools as he may deem expedient to communicate. ArDITOR. 68. The auditor shall, annually, before the first day of !N'ovember, deliver to the governor and the state superin- tendent of free schools, each, a report, made itp to the first day of September 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 legislatui'e at its next regtilar session. 69. The governor, state superintendent of free schools, auditor and treasm^er, shall be a corporation under the name of "the board of the school fund," and shall have the management, conti'ol and investment of said fund, under the fourth section of the twelfth article of the con- stitution. The governor shall be president of the board, and in his absence 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 their proceedings, and a copy thereof, certified by the secretary of the board, shall be evidence in all cases in which the original would be. 70. A meeting of the board maV be held at any time, upon the call of any member thereof, provided notice be given to all the members who may be at the seat of gov- ernment. The auditor's office shall be the place of meet- ing, and the proceedings shall be signed by the president. School Law. 37 and secretary of the meeting; for that clay, 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 recovei-a- ble with interest by action or motion before any court having jurisdiction, and the auditor shall institute and prosecute said action or motion when thereto 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 protect the interests of the school fund, on such terms as it may ajDprove. The}^ shall take bond from said agent, if any money is to come into his hands ; and any agent selling lands, when directed to do so by the board, shall execute a deed, (with the resolutions giving such directions thereto annexed), conveying to the pur- chaser by special warranty. Said agent may be allowed by the board a compensation not exceeding, in any case, live per cent on the money actually paid into the treasury. STATE SCHOOL FUND — HOW INVESTED. 73. All such sums as have accrued, or shall hereafter ac- crue to this state, from the several 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 auditor to ascertain from time to time what sums have so accrued, or may hereafter accrue, and to pass the game to the credit of said 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 securities of the United States, or of this state, or otherwise, provided for in said fourth section of the twelfth article of the constitution. And it shall be the duty of said board to sell any investments on account of the school fund now made in other securities than those required in said fourth section of the twelfth article of the constitution, and invest the proceeds thereof in the interest bearing securities of the United States, or of this state, or otherwise, as provided in the constitution afore- said. 74. The auditor shall be the accountant of the board, ex- ercising any of their powers, except that he shall not, without special authoritj^, entered upon the records of their proceedings, disjjose of any property or invest any money of the school fund. He shall place the securities in which said school fund is invested, 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 38 School Law. the treasury upon the warrant of the auditor. But no warrant for paying out such money shall be issued with- out the authority of the hoard. CITY OP WHEELING CERTAIN TOWNS, ETC. 75. Nothing in this chapter shall alter or affect the laws now in force respecting the free schools in the city of Wheeling, and the parts of districts connected therewith ; nor shall anything in this chapter be construed as abolish- ing any independent school district heretofore created, or as affecting any right or privilege conferred upon them, respectively, in the acts of the legislature by which they have been "created : except so far as such right or privi- lege may be inconsistent with the provisions of this chap- ter, in which independent school districts are specifically included. In the independent school districts of Wheeling an dMoundsville none but practical educators, who shall have had at least three years of practice as teachers in graded schools shall be eligible to the office of superintendent. WEST VIRGINIA UNIVERSITY. 76. "The agricultural college of West Yirginia," located and established in pursuance of the act passed February 7, 1867, entitled "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 chap- ter, shall remain m full force and effect to the same extent as if this act had not been passed. 77. The same name of said college shall hereafter be the "West Yirginia University," by which name it shall have and hold'all the property, funds, investments, rights, power and privileges now had ull^ held under the name prescribed in the above recited act. 78. For the government and control of the said Uni- ae amended by versity. there shall be a board of regents, consisting of one Oiap. 115, Acts pepgojj ' ti'om each senatorial district, to be appointed by the governor, as provided by law, to be called the regents of West Virginia University. And as such they may sue and be sued.'and have a common seal. Any three of said regents shall constitute a quorum for the transaction of business, except that for making arrangements for the erection of buildings, or the permanent alteration thereof, or the appointment to or removal from office of professors, the concurrence of a majority of the regents shall be re- quired. The term of office of the members of the present board of regents shall expire on the thirtieth day of June, one thousand eight hundred and seventy-seven, and on that day a board ot regents shall be appointed, and on that day in each year thereafter, tAvo of the regents so ap- School Law. 39 pointed shall retire from said board. Those appointed fi'om the first and second senatorial districts shall retire at the end of the first year, and those of the third and fourth districts at the end of the second year, and so on in con- tinuous rotation, following the order in which the said senatorial districts are numbered respectively. Vacancies in said board shall be filled by the governor as aforesaid, as they occur. 79. The fund derived from the sale of United States land warrants which have been donated to this state, for the purpose of endowing 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. 80. The board of regents shall from time to time estab- lish such departments of education in literature, science, art, agriculture and military tatties as they may deem expedient, and as the funds under their control may war- rant, and jDurchase such materials, implements and appa- ratus 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, eighteen hundred and sixty-two. And they shall also appoint a superintendent, who shall have general supervision and control of the property and interests of said board. 81. The said board shall establish and declare such rules and regulations and by-laws, not inconsistent with the laws of this state or of the United States, as they may deem necessary for the proper organization, the tuition and good government of said university and the protec- tion of the public property belonging thereto ; they shall appoint a treasurer, taking bond from him with ample security, and conditioned for the faithful keeping and dis- bursing of such money as is herein or may be hereafter ap- propriated, 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 offcener if they think best; inspect annually all the property belonging to said University, and make a full rej)ort of the condition, in- come, expenditure and management of said University an- nually to the governor, to be b3" him laid before the legis- lature. 82. The board shall have power to create a prejaaratory 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 pro- fessors and of the superintendent, and to remove them for good cause ; but in case of removal the concurrence of a 40 School Law. majority of the regents shall be required, and the reasons for a removal shall be communicated in a written state- ment to the governor. 83. Besides prescribing the general terms upon which students may be admitted, the course of their instruction, and the kind and duration of their services (which duration shall not exceed five, or be less than two years), the said regents are still further empowered to admit as regular students or cadets of said University from each judicial circuit in the state, three or four, and not more than four, jT^oung men, who are not less than sixteen nor more than twenty-one years of age, to be appointed by the regents of said judicial circuit ; the admission in each case to be made upon undoubted evidence of a fair moral character. But should no application be made from any of said judi- cial circuits, then the vacancies may be filled from the state at large. 84. The cadets admitted under the provisions of the pre- ceding section shall be entitled to all the privileges, immu- nities, educational advantages and benefits of the Uni- versity, free of charge for admit^sion, tuition, books and stationery, and shall constitute the public guard of the University and of the public propert}^ belonging thereto ; a sufficient number and quantity of ordnance and ordnance stores, and camp and garrison equipage, which shall be kept in the arsenal belonging to the institution. And the profes- sors and the students of the University receiving instruction in military tactics and the art of war, shall be individually and collectively responsible for the preservation and safe keeping of all arms and camp equipage belonging to said institution. 85. All reasonable exj)enses 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 treasuiy of the state, in like manner as other sums are drawn there- from : Provided, hoivever, That such expenditures shall not exceed five hundred dollars per annum. 86. The president, board of regents and facult}^ ma}' graduate any student of the Universitj'' found (after proper examination) duly qualified, and shall certify the same by affixing the seal of the University to his diploma. WEST VIRGINIA STATE NORMAL SCHOOL. 87. The ''AVest Virginia state normal school," estab- lished under and by virtue of the act passed February twenty-seventh, eighteen hundi-ed and sixty-seven, entitled School Law. 41 "An act for the establishment of a state normal school," shall be and remain at Marshall College, in the county of Cabell, as provided 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, except so far as the same may be altered by this chapter. For the government and control of said school there shall be a board of regents, consisting of the governor, state superintendent of free schools, audi- tor and treasurer, together with one person from each con- gressional district of the state, to be appointed by the governor, who shall be called "the regents of the state normal school," and as such may have a common seal, sue and be sued, plead and be impleaded, contract and be con- tracted with, and take, hold and possess real and personal estate for the use of said school; and may exchange so much of the real estate now held by them for such use, for other real estate owned by the Central Land Company of West Virginia, as may be necessary to conform the bound- ary lines of real estate so held and to be held by them, to the aventies, streets and alleys of the city of Huntington, and execute and receive the proper conveyances therefor. - Any such conveyance, executed by and in the name of the "regents of the state normal school," and acknowledged on behalf of the said regents by the state superintendent of free schools, shall be valid and effectual to pass to the grantee therein all the title of the state to the real estate conveyed thereby. The transfer and conveyance by the board of supervisors of Cabell county of the lands and buildings of Marshall college to the regents of said school, heretofoi'e 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 proi^erty so conveyed shall revert to and be vested in the county court for the use cf the said county of Cabell. 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 authority to adopt and establish such by-laws, rules and regulations for its government as they may deem necessary and proper, to effect the objects of its establishmeDt, not inconsistent with the laws of this state. They shall fix the number, and compensation of the teachers, and others to be employed therein, 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 department thereof; and shall determine the number of pupils to be received in the normal depart- ment of said school, from each county or judicial circuit of this state, conforming as nearly as possible to the ratio of 42 School Latt. popiTlation. 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 everr such pupil shall pay for all books lost by him or any damage done by him to such books or apparatu.s; and any pupil in said school may be dismissed therefi'om by said regents, or by the executive committee, subject to the approval of the regents, for immoral or disorderly con- duct, or lor neglect or inability to perform his duties. The state superintendent of free schools shall prepare suitable diplomas to be granted to the students of the normal de- partment of said school, who have completed the course of study and discipline prescribed by said regents. The said regents may establish a pay department in said school, whenever the accommodation thereof will admit of the same, and may admit into such department so many paying .-students as can be accommodated therein from this or any other state, giving the preference to citizens to thi^ state, whether they desii'e 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 seminaries, 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 department, 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." 89. The said regents shall appoint three intelligent and discreet persons, residents of the county of Cabell, who shall constitute an executive committee for the care and immediate management and control of said school, subject to the rules and regulations prescribed by the regents. Said committee shall (subject to the control of said regents.) designated the jjerson to take charge of the boarding de- partment of said school and fix the price to be paid for board therein. They shall from time to time make full and detailed i*eports to said regents of the condition, working and jyrospects of said school, and shall do and perform such other duties in relation thereto as the said regents may from time to time prescribe. BRANCH OF THE STATE NORMAL SCHOOL AT FAIRMONT. 90. The branch of the state normal school established at Fairmont under and in pursuance of the act passed March foui'th. eighteen hundred and sixty-eight, entitled. ••An act providing for the purchase of the West Yii-ginia normal school at Fairmont," shall be and remain at that place, and all the provisions of said act shall remain in School Law. 43 fall 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 same manner and to the same extent as the state normal school at Marshall College. BRANCH OF STATE NORMAL SCHOOL AT WEST LIBERTY. 91. The branch of the state normal school established at West Liberty, under and in pursuance ot the act passed March 1, 1870, entitled, '*An act to establish a branch nor- mal school at West Liberty, in Ohio county," shall be and remain at that place, and all the provisions of said act shall remain in full force, excei^t 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 (iLENVILLE. 92. The branch of the state normal school established at Glenville, under and in pursuance of the act passed the nineteenth day of Pebuary, 1872, entitled, "An act to es- tablish a branch normal school at Glenville, in 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 jurisdiction and control of the re- gents of the state normal school, in the same manner and to the same lextent as the state normal school at Marshall College. BRANCH NORMAL SCHOOL AT SHEPHERDSTOWN, 93. The branch of the state normal school established at Shepherdstown, under and in pursuance to the act passed and approved February 14, 1872, entitled, '^An act to estab- lish a branch normal school at Shepherdstown, in the county of Jefferson," shall be and remain at that place and all the provisions of said act shall remain in full force e:scept so far as the same may be altered b}^ this chapter. Said school shall be under the jurisdiction and control of the regents of the state normal school, in the same man- ner and to the same extent as the state normal school at Marshall College. TO PROHIBIT DEALINGS WITH STUDENTS. 94. If any money be lent or advanced, or anything be sold or let to hire, on credit to or for the use of any stud- ent or pupil under twenty-one years of age, at the West Virginia University, the West Virginia state normal 44 School Law. school or any of its branches, or any incorporated college in the state, without the previous permission in writing of his or her parent or guardian, or the president or princi- pal of such institution, nothing shall be recovered therefor and there shall, moreover, he forfeited to the state twenty dollars, and the amount or value of such thing. When such selling, letting,- lending or advancing is by an agent, such forfeiture shall be by his principal, unless the prin- cipal, shall w^ithin ten days after he has knowledge or in- formation of the selling, letting, lending or advancing, give notice in writing of 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. This section shall not apply to a ^Derson selling or letting in ex- pectation of immediate payment, if he shall, within ten days thereafter, give notice in writing of the date, nature and imount of the sale or letting, to such president or head. CHAPTEE VI. AN ACT making appropriation for the support of the state normal school and its branches, for the school year ending m one thousand eight hundred and seventy-seven, and the school year ending in one thousand eight hun- dred and seventy-eight, and providing the manner in which the same shall be paid. [Passed February 7, 1877.] Be it enacted by the Legislature of West Virginia : 1. That the principals of the state normal school and its several branches shall make at the close of each session thereof to the president of the board of regents, in addition to the annual reports required of them, a report under oath of the number of non-paying normal pupils, and the number of paying pupils in the several departments of the school in actual monthly attendance during said session. 2. That the president of the board of i-egents of the normal school, upon receipt of the reports required in the first section of this act, shall furnish the auditor ot the state with the number of the non-paying normal pupils in actual monthly attendance in each of the said normal schools, and the number of months of actual attendance; upon the receipt of which report, and on the requisition of the president of the board of regents, the said auditor shall issue to the "executive committee" of each of said schools, warrants upon the treasury of the state for the amount due School Law. 45 said schools, at the rate of three dollars and fifty cents per month for every non-paj^ing normal pupil reported as in monthly attendance, which said sum shall include tuition and the use of books and apparatus : Provided, That the aggregate amount so approj)riated in one year to any normal school, shall not exceed the sum of two thousand dollars. 3. That the sum of twelve thousand dollars be, and the same is hereby, appropriated out of any moneys in the treasury not otherwise appropriated for the support of the normal school and its branches for the school year ending in one thousand eight hundred and seventy-seven, and the like sum of twelve thousand dollars for the school year ending in one thousand eight Jiundred and seventy-eight, to be paid by the auditor of the state as provided in sec- tion two of this act. 4. All moneys appropriated by the preceding section, and not drawn as provided for in the second section of this act, before the end of the school year one thousand eight hun- dred and seventy-seven, or the end of the school year one thousand eight hundred and seventy-eight, respectively, shall revert to the state treasury. CHAPTEE CXI. AN ACT providing more effectually for the collection and accounting for of state, county, district and municipal taxes and moneys, and the protection of payees and owners of drafts and orders, payable out of such taxes and moneys. [Passed March 1, 1877]. Be it enacted by the Legislature of West Virginia : 1, That if any sheriff or collector of state, county, dis- trict or municipal taxes, or the deputy of any such officer, or an}^ officer or person charged with the custod}^ or dis- bursement of any such taxes or moneys belonging to the state, or to any countj^ or district thereof, or to such mu- nicipality, shaU in any way misappropriate any part of such taxes or moneys which may come to his hands by virtue of his office or employment, he shall be guilty of misdemeanor, and fined not less than one hundred nor more than five hundred dollars, and at the discretion of 46 School Law. the court, be confined in the county jail not less than tw© nor more than twelve months. 2. If any such sheriff, collector or deputy, or officer or person charged with the custody or disbursement of such taxes or moneys as aforesaid, shall discount, or directly or indirectly, either alone or in connection with another, pur- chase any di-aft or order made or drawn upon him. pay- able out "of any such taxes or moneys as is mentioned in the preceding section, for a less sum than is specified there- in, he shall forfeit five times the amount of siich discount. or of the sum less than the amount specified in such draft or order realized by such purchaser, one-half of which shall go to the person entitled to such draft or order at the time of such discount or purchase, and the other half to the state, county, district or municipality, as the case may be. 3. If any such officer as hereinbefore mentioned shall fail or refuse to pay any draft or order lawfully drawn upon him, when he has. or by the use of due diligence in the collection of the taxes and moneys applicable to the payment of such draft or order, might have had. in his hands moneys sufficient to pay the same, he shall be guilty of a misdemeanor, and fined not less than one hundred nor more than five hundred dollars, one-half of which fine shall go to the person injured by such failure or refusal, and the other half to the state. 4. At every settlement made by any such officer as is hereinbefore mentioned, as required by law, he shall re- turn and file a written statement of every draft, order and claim paid by him. for which he claims a credit, and of the true amount actually and in good faith paid by him thereon, too-ether with the drafts and orders upon which such pay- ments were made, and shall append to such statement his affidavit that the same is true: and until he does so. no credit shall be allowed him for any such payment. The making of any affidavit required by this act, falsely, shall be perjury. 5. If any officer whose duty it is to collect or disburse an}' state, county, distinct or municipal taxes or mone3-s, shall fail to pay over and account tor the same, or any part thereof, as required by law. in any year, the proper state, county, district or municipal authority or authorities may withhold from euch officer the collection of any such taxes or moneys, or the disbursement thereof, for the next succeeding year, and may appoint a collector or disbursing officer of such taxes or moneys in lieu of such officer, in such manner as is or ma}' be prescribed by law. The court, board, council, officer or officers, making such ap- School Law. 47 pointment, shall take fvora. such collector or officer a bond, with good security, in a penalty double the amount of the moneys which will probably come into hit^ hands by virtue of his appointment, payable to the State of West Virginia, and conditioned as the law directs. 6. It shall be the duty of the judge of eveiy circuit court, and of the prosecuting attorney of every county court, to give this act in charge to the grand jury at every term of the circuit, and every grand jury term of the county court. CHAPTER CXYI. AJSr ACT to extend the time within which clerks of county courts and secretaries of district boards of educa- tion may certify the levies of their counties or districts to the auditor, when there has been a failure to do so, and to prescribe the time and manner in which taxes due such counties or districts from railroad companies shall be paid. [Passed March 2, 1877.] Be in enacted by the Legislature of West Yirginia : 1. It shall be the duty of the clerk of the county court of every county and the secretary of the board of education in each district through which any railroad passes which is liable to said county or district for any taxes, and when the county or district levy- of such county or district for any year has not been certified to the auditor within the time and in the manner prescribed by law, to certify to the auditor on or before the first day of July, one thousand eight hundred and seventy-seven, the amount levied on • each one hundred dollars' worth of property in such coun- ty or district for county or district purposes for the year or years for which such levy was not so certified since the 3^ear one thousand eight hundred and seventy-one, observ- ing the provisions of section sixtj'-seven of chapter twen- ty-nine of the code in regard to the railroad tax of any county or district, and the failure of any such clerk to so report shall subject such clerk to a fine of not less than fifty nor more than two hundred dollars. 2. It shall be the duty of the auditor, upon the receipt of the certificate aforesaid, to charge every railroad com- 48 School Law. pany assessed under the provisions of this act with the amount to which it is indebted to every county or district through which it passes, for county or district purposes. 3. The auditor shall, on or before the fifteenth day of Au- gust, one thousand eight hundred and seventy-seven, transmit by mail or otherwise to the jDresident, secretary or principal accounting ofiicer of tlie railroad company so charged a detailed statement of the amount with which "it is charged ; and it shall be the duty of such railroad com- pany to pay the whole amount of the taxes so charged against it into the treasury of the state on or before the theitieth day of September, one thousand eight hundred and seventy-seven. 4. If any railroad company, having its projjerty so as- sessed or taxed under the provisions of this act, fail or re- fuse to pay such tax within the time and in the manner pre- scribed in the preceding section, the auditor shall add ten per cent to the amount thereof to pa}' the expense of col- lecting the same, and shall certify to the sheriff of each county the amount of such tax assessed within his county, and it shall be the duty of such sheriff to distrain for and collect and account for such tax in the manner in which he is required by law to account for other county or district taxes. 5. When such taxes is paid into t^ie state treasurj^, as here- inbefore provided for, the auditor shall account to the sheriff of each county for the amount thereof to which such county or district may be entitled, and may arrange the same with such sheriff in his settlement for state taxes in the way and manner most convenient. And said sheriff" shall account to the county court of his county (or other tribunal substituted in lieu thereof) and the board of edu- cation of such district for the amount so received b}' him in the way and manner in which he is required by law to account for other county or district taxes. 6. The auditor shall certify to the county court of every county (or other tribunal substituted in lieu thereof) and to the board of education of the district the amount with which the sheriff of such county is chargeable for taxes levied under the provisions of this act. APPENDIX, FOKM NO. 1. NOTICE OP SCHOOL ELECTIONS. Pursant to section 2 of Chapter 77, Acts of 1877, (School Law,) an election will be held at school house, in sub-district of. , district of. county on the SECOND FEIDAY OF AUGUST, 18 — , from nine o'clock a. m., till six o'clock p. M., of that da3^ for the pur- pose of choosing a Board of Education, to consist of a President and two Commissioners for district, and a County Superin- tendent for the county of ; also, to take the sense of the voters of. dis trict, on the question of granting to the Board of Education of said district authoi'ity to levy for the support of the free schools therein. By order of the Board of Education. ..Secretary. FOEM NO. 2. ^ FORM OP ORDER DESIGNATING VOTING PLACE. There being more than one school house in sub-district in school disti'ict. It is ordered by the Board of Education of said district, that the election of school officers, to be held on the 7 50 day of , and for other purposes, shall be held at school house in said sub-district, , Pres't. , Sec. Board of Education. Note. — This order must be entered of record by the Board of Educa- tion, and the place designated in the order be inserted in the notice, in torm No. 1. FOKM NO. 3. Names of all persons voting at the school house in the sub-district of the school district of the county of state of West Yirginia, for election of a County Superin- tendent of Free Schools, a Board of Education to consist of a Presi- dent and t^o Commissioners, and a Trustee for said sub-district of the said school district of the county and state aforesaid, this Friday, the day of August, 18 , as provided by law. FORM OP POLL BOOK. 51 FOEM No. 3— Continued. Tally of votes cast at the election held on the day of. August, 18 at the school house, in sub -district No of the school district of the^ county of , state of West Virginia. o S >1- JH Offi ces. Names of Persons Voted For. o 1 s s o % 1 "S.S «l 57 3. Determine the number of Teachers that may be employed in the sub-districts, allowing at least one for each school house. 4. Fix the salaries of Teachers according to grade of certificate, as- signing some grade to holders of normal diplomas, professional cer- tificates county superintendents and members of the board of exam- iners. 5. Ascertain the average salary of Teachers per month. 6. Ascertain the whole number of months to be taught in the dis- trict. 7. Determine the aggregate amount of mo'ney necessary to pay all the Teachers. 8. Ascei'tain 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. 9. Ascertain the district's share of the general school fund for the current year. 10. Ascertain any other moneys available to the teachers' fund. 11. Deduct these amounts from the aggregate amount necessary to pay all the Teachers. 12. Lay the district levy for teachers' fund, large enough to cover this amount, making proper allowance for contingencies and delin- quencies. The following example will be convenient for reference in making levies for school purposes : JSTo. of Teachers to be employed in the district 20 No. of months taught during the year each 4 Whole No. of months to be taught in the district 80 Average salary of Teachers $ 30 Amount of money to pay all the Teachers 2,400 Deduct amount on hand, including apportionment to the dis- trict, from general school fund, say 1,100 Amount to be levied for teachers' fund • 1,300 To find the average salary of the Teachers, fix the salaries accord- ing to grade, say: For a No. 5 certificate I 20 For a No. 4 certificate 25 For a No. 3 certificate , 30 For a No. 2 certificate , 35 For a No. 1 certificate 40 Divide by the number of gi'ades 5)150 Average salary of Teacher per month |30 58 To ascertain the niimbei' of cents to be levied on ererv one huu- di'ed dollars" valuation of property in the district to raise 81,300. by taxation, suppose the whole valuation in the district to be S500.000. KuLE.— Drop the cents, if any. and add lour ciphers to the amount in doUars to be raised by levy, and divide by the amount in dollars of taxable property. Example : 500.000)130,000.00(26 cents. 1,000,000 3.000.000 3.000.000 FORM XO. 12. tok^l of orders to be entered of record by the board of educattox. Office of the Eoard of Education | OF School District, in the Cofnty op . j At a meetino- of the board held on the day of 18..., pres- ent President, and and members of the board. On motion of , it is ordered that... ......be. and he is hereby, appointed secretarv of this board, to hold his office till the day of IS On motion of it is ordered that the schools ot this dis- trict shall be held months durino- the present school yeai". 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 ISTo. 1. S ; for grade No. 2. S : for grade No. 3. S ; o-rade No. 4. S ; for grade No. 5. S ' And that the County Superintendent, Members of the Board of Examiners, holders of Normal School Diplomas, and of Professional Cei-tificates, shall be classed with grade No 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, in addition to the available funds on hand, S on motion of. , it is ordered that a tax of. cents on the one hundred dollars' valuation of the real estate and personal property of the district be levied for that purpose. On motion of it is ordered that the president and secretary of this board be authorized to sign, in vacation, all proper orders for the payment of money out of the teaehers" fund or the building fund, and that they report the amounts so drawn for. on each fund, to the next meeting of this board. The .■secretary of this board made a report thi:? day of the several 59 orders drawn by him and the president, on the sheriff, on account of the teachers' fund and the building fund, respectively, since the last meeting of the board, Avhich is as follows: An order on the teachers' fund in favor of , a Teacher, for $ ; also, an order in favor of , a Teacher, for-l ; also, an order on the building fund in favor of. , for work done on school house, for $ ; and also an order in favor of for furnishing wood for school house, for S.,,... rOKM NO. 13. / FORM OF ORDER REGISTER OF THE SECRETARY OP THE BOARD OF EDUCATION. Date. April 1, 1876 April 1, 1876 Mav 10, 1876, Mav 10. 1876. June 2, 1876, In whose favor drawn. John Smith.. Wm. Adams Job Yonng... Thos. Harris Sarah .Jones.. For what purpose. Teaching school Repairs on school house. Fuel Erection of school house. Teaching .school Buil'g fund. Amount. $ 15 no .5 00 125 00 Teachers' fund. Amount. §45 00 Note. — A statement of this register should be made by the secre- tary of the board, and given to the sheriff, whenever he requests it, so that he may see how his funds compare Avith the orders given. FOEM NO. 14. FORM FOR THE SHERIFF'S ACCOUNT WITH THE TEACHERS' FUND. A B , Sheriff, in account icith teachers' fund for district, in county. DJi. .Sept. 1, 1876 To balance on hand from last year Oct. 15, 1876|To cash received from general school fund, annual apportionment.... Dec. 1, 1876 To cash received from collections, district tax Jan. 15, 1876 To cash received from general school fund, aunual apportionment.... Feb. 1, 1876 To cash received from collections, district tax $500 00 500 00 300 00 500 00 600 00 A B — — , sheriff, in account ivith teachers' fund. CE. Oct. 20, 1876 By cash paid Wm. AVilson, on order No. 1 175 00 Oct. 20, 1876 1 By cash paid Sarah Smith, on order No. 3 1 50 00 Nov. 1, 1876 Bt cash paid .John .Smith, on order No. 6 . 79 00 Dec. 3, 1876 By cash paid James Turner, on order No. 4 43 00 Dec. 9, 1876 By cash paid Mary Ham, on order No. 10 73 00 60 XoTE. — A similar account is to be kept "with the building fund, and a statement of either fund is to be rendered at any time when required by the board. By keeping a correct account of the orders as per form No. 13, the sheriff Tvill know the amount outstanding, and can readily determine whether he can pay the amount with the funds on hand. 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