^^m^m^^^^m Class LB^iS-d Book— ///.r OFFICIATE DONATION. THE School Law^ OF T¥est Virginia AND Opinions of the Attorney-General and Decisions of the State Superintendent of Free Schools T^ITH EXPLANATIONS AND FORMS REVISED AND ABEANGED BY THOS. C. MILLER, STATE SLTPERINTENDENT OF FREE SCHOOLS Charleston: The Tribune Printing Co 1907. L — ' f- i f*' J !m\ SCHOOL CALENDAR SCHOOL CALENDAR JULY • 1. School year begins. Member of board takes office. (Or before) Assessor certifies value of property. (Or before) Sheriff settles with Board of Education. (Before 1st day of July) Sheriff reports delinquent property. 1st Monday. Board of Education meets. (Or as soon thereafter as practicable) Board of Education lays levies. 1st Wednesday. Presidents meet to appoint examiners. 4. Legal holiday. 3rd Monday. Trustees meet to employ teachers. 20. (Or before) Secretary reports rate of levy. AUGUST. 1. (Or before) County Superintendent makes report to S'tate Superintendent. SEPTEMBER. 1. Auditor reports condition of school fund to State Superintendent. 1st Monday. Legal holiday. NOVEMBER. Last Thursday. Thanksgiving Day. Legal holiday. DECEMBER. 25. Christmas. Legal holiday. JANUARY. 1. New Year's Day. Legal holiday. (Or before) State Superintendent makes report to Governor. FEBRUARY. 22. Legal holiday. APRIL. 1. (Or before) Teachers make enumeration. 15. (Or before) Secretary transmits copy of enumeration to County Superintend- ent. MAY. 1. (Or before) County Superintendent forwards to State Superintendent report of enumeration. 30. Legal holiday. June. 10. (Or before) Auditor notifies State Superintendent of amount of general or distributable school fund. 30. School years ends. CONSTITUTIONAL PROVISIONS RELATING TO THE SCHOOL SYSTEM OF WEST VIRGINIA AETICLE IV 5. Every person elected or appointed to any office, oath of office, before proceeding to exercise tlie authority, or discliarge the duties thereof, shall make oath or affirmation that he will support the Constitution of the United States and the Constitution of this State, and that he will faithfully discharge the duties of his said office to the best of his skill and judgment; and no other oath, declaration, or test shall be required as a qualification, unless herein otherwise provided. 6. All officers elected or appointed under this Consti- Removal tution, may, unless in cases herein otherwise provided*''*'™ '^ ^^' 'for, be removed from office for official misconduct, incompetence, neglect of duty, or gross immorality, in such manner as may be prescribed by general laws, and unless so removed, they shall continue to discharge the duties of their respective offices, until their successors are elected, or appointed and qualified. ^ ^ •!» H* •!■ -l* 8. The Legislature, in cases not provided for in this Legislature Constitution, shall prescribe by general laws, the terms ^grPg^of"*'^® of office, powers, duties and compensation of all public office, officers and agents, and the manner in which they shall be elected, appointed and removed. AETICLE VIII 27. Each county shall be Jaid off into districts, not Districts, less than three nor more than ten in number, and as nearly equal as may be in territory and population. School Law of West Virginia AETICLE IX officers sub- ^' "^^^ Presidents of the County Courts, the Justices ject to indict- of the Peace, Sheriffs, Prosecuting Attorneys, Clerks of °^^°^- the Circuit and of the County Courts, and all other county officers, shall be subject to indictment for mal- feasance, misfeasance, or neglect of official duty, and on conviction thereof, their offices shall become vacant. I. I am inclined to ttie opinion tliat tlie words "all other county officers," as used in ttiis section. Include members of boards of educa- tion, although they are elected in districts. This is by no means clear, however. This section is in force ex propria vigore and needs no additional legislation.. — Alfred Caldwell, Attorney-Oeneral. AETICLE X Capitation 3. The Legislature shall levy an annual capitation tax *^^' of one dollar upon each male inhabitant of the State who has attained the age of twenty-one years, which shall be annually appropriated to the support of Pree Schools. Persons afflicted with bodily infirmity may be exempted from this tax. ****** Power of Leg- 5. The power of taxation of the Legislature shall isiature to extend to provisions for the payment of the State debt, and interest thereon, the support of free schools, and the payment of the annual estimated expenses of the State; but whenever any deficiency in the revenue shall exist in any year, it shall, at the regular session thereof held next after the deficiency occurs, levy a tax for the ensuing year, sufficient with the other sources of income, to meet such deficiency, as well as the estimated expenses of such year. * * * :]; * * County taxes '^ ■ County authorities shall never assess taxes, in any not to exceed one year, the aggregate of which shall exceed ninety- five cents per hundred dollars valuation, except for the support of free schools; payment of indebtedness exist- ing at the time of the adoption of this Constitution; and for the payment of any indebtedness with the interest thereon, created under the succeeding section, unless such assessment, with all questions involving the in- crease of such aggregate, shall have been submitted to the vote of the people of the county, and have received three-fifths of all the votes cast for and against it. See Brannon vs. County Court, 33 W. Va., p. 789, construing this section. deMedness" ^' "^^ county, city, school district, or municipal cor- poration, except in cases where such corporations have School Law of West Virginia 7 already authorized their bonds to be issued, shall here- after be allowed to become indebted, in any manner, or for any purpose, to an amount, including existing in- debtedness in the aggregate, exceeding five per centum on the value of the taxable property therein to be ascer- tained by the last assessment for State and county taxes, previous to the incurring of such indebtedness ; nor with- out, at the same time providing for the collection of a direct annual tax, sufficient to pay, annually, the interest on such debt, and the principal thereof, within, and not exceeding thirty - four years ; Provided, That no debt No debt ex- CGDt DV VOtO shall be contracted under this section, unless all ques- of people. tions connected with the same, shall have been first sub- mitted to a vote of the people, and received three-fifths of all the votes cast for and against the same. ARTICLE XII '1. The Legislature shall provide by general law, for a thorough and efficient system of Free Schools. See 4 W. Va., p. 499. 2. The State Superintendent of Free Schools shall General , 1 '- . . J, J. , , 1 J? supervision. have a general supervision ot tree schools, and periorm such other duties in relation thereto as may be pre- scribed by law. If in the performance of any such duty imposed upon him by the Legislature, he shall incur any expenses, he shall be reimbursed therefor; Provided, The amount does not exceed five hundred dollars in any one year. , 3. The Leffislature may provide for county superin- County super- j T , T 1 J.1 en ^ 1 intendents. tendents, and such other otncers as may be necessary to carry out the objects of this Article, and define their duties, powers and compensation. 4. The existing permanent and invested school fund, School fund. and all money accruing to this State from forfeited, de- linquent, waste and unappropriated lands; and from lands heretofore sold for taxes and purchased by the State of Virginia, if hereafter redeemed or sold to others than this state; all grants, devises or bequests that may be made to this State for the purposes of education or where the purposes of such grants, devises or bequests are not specified; this State's just share of the literary fund of Virginia, whether paid over or otherwise liqui- dated; and any sums of money, stocks, or property, which this State shall have the right to claim from the State of Virginia for educational purposes; the proceeds of the estates of persons who may die without leaving a will or heir, and of all escheated lands ; the proceeds of any taxes that may be levied on the revenues of any cor- poration; all moneys that may be paid as an equivalent 8 School Law of West Virginia for exemption from military duty; and such sums as niay, from time to time, be appropriated by the Legis- lature for the purpose, shall be set apart as a separate fund to be called the "School Fund," and invested un- der such regulation as may be prescribed by law, in the interest bearing securities of the United States, or of this State, or if such interest bearing securities cannot Board o^the be obtained, then said "School Fund" shall l-e invested m such other solvent interest bearing securities as shall be approved by the Governor, Superintendent, of Free Schools, Auditor and Treasurer, who are hereby consti- tuted the "Board of the School Fund," to manage the same under such regulations as may be prescribed by law; and the interest thereof shall be annually applied to the support of Free Schools throughout the State, and to no other purpose whatever. But any portion of said interest remaining unexpended at the close of the fiscal year shall be added to, and remain a part of, the capital of the "School Fund" ; Provided, That all taxes which shall be received by the State upon delinquent lands, except the taxes due to the State thereon, shall be refunded to the county, or district by or for which the same were levied. SCHOOL PUND AMENDMENT. Ratified at the General Election in November, 1902. (See Joint Resolution No. 11, Acts 1901, p. 465.) That the following be proposed as an amendment to the Constitution of this State : The accumulation of the School Fund provided for in section four of article twelve, of the Constitution of this State, shall cease upon the adoption of this amendment, and all money to the credit of said fund over one million of dollars, together with the interest on said fund, shall be used for the support of the Free Schools of this State. All money and taxes heretofore payable into the treasury under the provision of the said section four, to the credit of the School Fund, shall be hereafter paid into the treasury to the credit of the General School Fund for the support of the free schools of the State. Legislature 5. The Legislature shall provide for the support of Pre^'' School^ ^^6e schools, by appropriating thereto the interest of the ,1 invested "School Fund," the net proceeds of all forfeit- ures and fines accruing to this State under the laws thereof; the State capitation tax; and by general taxa- tion of persons and property, or otherwise. It shall also provide for raising, in each county or district, by the authority of the people thereof, such a proportion of the amount required for the support of Free Schools therein as shall be prescribed by general laws. School Law of West Virginia 9 6. The school districts into which any county is now divided shall continue until changed in pursuance of law. 7. All levies that may be laid by any county or dis- Levies to be trict for the purpose of free- schools shall be reported c1erk**(rf ^'^ to the Clerk of the County Court, and shall, under such County Court, regulations as may be prescribed by law, be collected by the Sheriff, or other collector,- who shall make an- nual settlement with the County Court; which settle- ments shall be made a matter of record by the Clerk thereof, in a book to be kept for that purpose. 8. White and colored persons shall not be taught in the same school. 9. No person connected with the free school system school officers of the State, or with any educational institution of any P^*gj.*°g^^^ j^^ name or grade, under State control, shall be interested sale of books, in the sale, proceeds or profits of any book or other thing used, or to be used therein, under such penalties as may be prescribed by law; Provided, That nothing herein shall be construed to apply to any work written or thing invented by such person. 10. Ko independent Free School district, or organiza- independent tion shall hereafter be created, except with the consent ^^®*'^''^*®" of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question. 11. ISTo appropriation shall hereafter be made to any Normal State Kormal School, or branch thereof, except to those ^'^^"o^^- already established, and in operation, or now chartered. 12. The Legislature shall foster and encourage moral. Legislature to intellectual, scientific and agricultural improvement; it provemen^ts™ shall, whenever it may be practicable, make., suitable provision for the blind, mute and insane, and for the orgaijization of such institutions of learning as the best interests of general education in the State may demand. 10 School Law of West Virginia THE SCHOOL LAW. CHAPTEE XLV Education School dis- tricts. Election of County Su- perintendent. Term of office. Election of President and! commission- ers. Term of office. Board of edu- cation ; who constitute. 1. Every magisterial district in each of the counties of the State shall be a school district, and the same shall be divided into such number of sub-districts as may be necessary for the convenience of the free schools therein. The j^resent districts and sub-districts shall Remain until changed in the manner prescribed by law. 2. A county superintendent of free schools in each county shall be elected by the voters thereof, at the general election held on the Tuesday after the first Mon- day in November, 1894, and every four years thereafter, whose term of office shall commence on the first day of July next after his election and continue for four years and until his successor shall be elected and qualified ac- cording to law. There shall also be elected at said election, in each district pf the county, by the voters thereof, and every four years thereafter, a president of the board of educa- tion, whose term of office shall commence on the. first day of July next after his election, and continue for four years, and until his successor is elected, and qualified according to law. There shall also be elected at the same time in each district in the county by the voters thereof, one commissioner at the general election held on the Tuesday after the first Monday in November, 1894, a successor to .the commissioner elected in May, 1891, and every two years thereafter one commissioner, whose term of office shall commence on the first day of July next after their election, and continue for four years, and until their successors are elected and qualified according to law. The said president and commissioners shall constitute the board of education in the district in which they are elected. No person shall be eligible to more than one office under the provisions of this chapter at the same School Law of West Virginia 11 time. The county superintendent of free schools shall, immediately upon receiving the certificate of election from the commissioners of the county court, forward a written notice thereof to the State Superintendent of Free Schools. In case of a tie in the vote for members of the board Tie vote ; how c*f education, the county superintendent of free schools <^<^cided. shall give the casting vote; and in case of a tie in the vote for a county superintendent of free schools, the presidents of the several boards of education in the county shall, at a meeting called for that purpose, at the court house of the county, by the clerk of the county court, not less than six nor more than twelve days after the result of such election is ascertained, appoint one of the persons receiving the highest number of votes for said office, at the said election, as county superintendent of free schools, who shall give notice as aforesaid, to the State Superintendent of his appointment. A notice of such ^meeting shall be made out by the clerk of the county court, and served upon each president of the board of education in the covmty at least three days before the day of such meeting, by the sheriff, or other officer, to whom the same may be delivered to be served. The ballots used at said election shall also have writ- ten or printed thereon the words, ''For school levy," or Levy. "'Against school levy," as the voter may choose, and the boards of ballot commissioners in the several counties of this State shall have printed at the bottom of each ticket on the official ballot in separate lines the words "For school lev}^," and "Against school levy"; and upon the application of the board of education of any district they shall also have printed on said ballots the words, "Forincrease in months school," and "Against months school," school term. as provided in this chapter. If a majority of the ballots cast upon the question of laying the school levy in a district, have written or printed thereon, "For school lev}^," it shall be the duty of the board of education to make the levies required by the 38th and 40th sections of this chapter, annually, for the next four years; but if a majority of the ballots cast in a district have written or printed thereon, "Against school levy," no levy shall be made by said board for the year next succeeding. But it shall be the duty of special eiec- said board to cause a special election to be held on the tion; for what Tuesday after the first Monday in November, next there- when°^'' ' after, 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 ballot^ cast at such special election be, "For school levy," such levy shall be made as hereinbefore required. 12 School Law of West Virginia Secretary to Of every such special election the secretary of the fiection/*^^ ° 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. The election to be held on the third Tuesday in May, 1893, for the jmrpose of electing county super- intendents of free schools in the different counties of this State, and members of the various boards of educa- tion, shall be held according to law; but their terms of office shall expire as soon as their successors are elected and qualified, at the election to be held on the first Tues- day after the first Monday in ISTovember, 1894. I. A person elected to any office, whether State, county or district, must be a resident of the political division to which his powers and duties are limited. (See Code, chap, vii, sec. 3.) II. The removal of residence of a member of the board of educa- tion from his district would vacate his office under the provisions of section 6 of chapter 7 of the Code. — C W. May, Attorney-General. Special eiec- 2fl. For the purpose of carrying out the provisions tions for levy, ^f gection two of chapter forty-five of the Code, pro- viding for school levies the board of education of any school district, or any independent school district, in this State, that failed to authorize a school levy, by a popular vote at the general election held in one thousand nine hundred and two, or that may hereafter fail to authorize a school levy by a popular vote at any general election, as provided in said chapter forty-five, shall, if twent}'' or more voters of the district ask it in writing, submit the question of laying a school levy to the voters of the district at a special election to be held in such dis- trict at such time as the board of education of the dis- trict may designate. The secretary of the board of edu- cation shall post notices of such special- election at all the voting places in the district at least ten days before the day on which the election is to be held. If a majority of the votes cast are "For School Levy" the board of education shall lay the levies in the manner provided by sections thirty-eight and forty of said chapter forty-five of the Code. Levy for It shall be the duty of the board of education to order term.''^^^*^ a special election conducted in like manner to determine the question when twenty or more of the voters of any district or independent district ask in writing for more than five months school in any year, involving an addi- tional levy. Commission- 3. Any persoii who may act as commissioner of any er of election, election, held under any of the provisions of this chap- ter, who shall wilfully reject the vote of any person en- . titled to vote at said election, or receive the vote of any person not so entitled, or who shall knowingly make School Law op West Virginia 13 any false return 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, Trustees, held on the first Monday in July, 1881, they shall ap- ^pp^*"*™*'"* point three intelligent and discreet 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 there- after annually appoint one trustee, who shall hold his office for three 5^ears; and the said trustees shall hold their respective offices until their successors are appoint- ed and qualified. * 5. Vacancies in the office of school trustee shall be Vacancies. filled by the board of education for the unexpired term; and in the board of education, by* the county superin- tendent of free schools, for the unexpired term. III. The appointment of a person to fill a vacancy of president of the board of education makes such person president of the board. IV. Vacancy in the office of county superintendent is filled by the presidents of the boards of education. V. Section 3 of Article XII of the Constitution provides that the Legislature may provide for county superintendents and other school ofScers and defines their duties, powers and compensation. Section 5 of chapter 45 delegates to the county superintendent the power to fill vacancies in the board of education for the unexpired term. I do not think section 7 of Article IV of the Constitution or sections S, 9 or 10 of chapter 4 of the Code control as to appointment of mem- bers of boards of education. I am, therefore, of the opinion that persons appointed by the county superintendent to fill vacancies in the board of education hold for the unexpired term.-^J". 8. Riley, Attorney-General. ha. Every school trustee, and every president and '^l5?®j^^t commissioner of the board of education elected within qualify. this State shall, within ten days after his election has been duly declared, qualify as such by taking and sub- scribing, before some one duly authorized to admin- ister oaths, within his county, the oath of office pre- scribed by section five of article four of the Constitution, which oath shall be filed with the secretary of the board of education of his district. VI. I am of the opinion that the oath of office must be taken by a person elected a member of the board of education within ten days after the result of the election is declared by the board of canvassers, and any person, though having received a plurality of the votes, who does not, within ten days from the time the board of canvassers de- clared the result, take the oath of office and file the same with the secretary of the board of education of his district, has forfeited his right to said office and the person in office at the time of the elec- tion is entitled to hold over for the ensuing term. — Clarke W. May, Attorney-General. Sec. 6. The boards of education of the several districts Annual shall hold their first meeting for each school year on the meeting of first Monday in July. At this meeting they shall deter- Education, mine 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 14 School Law of West Virginia A quorum shall consist of what. shall have regard to the grade of teachers' certificatea, fixing to each grade the salary that shall be paid to teach- ers of said grade in the several sub-districts as follows : Grades of Teachers having certificates of the grade of number one and salades. shall be paid not less than thirty-five dollars per month; those holding certificates of the grade of number two, not less than thirty-dollars per month; and those holding certificates of the grade of number three not less than twenty-five dollars per month. And the trustees of the several sub-districts shall in no case transcend or dimin- ish the salaries so fixed in any contract they may make with teachers. A quorum of the board of education shall consist of a majority of the members thereof, and in the absehce 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, except that the* president and secretary may sign orders upon the sheriff for any sum of money which may have been already ordered to be paid. The members of Compensation the board of education shall each receive as compensa- ot members tion for their services the sum of one dollar and fifty cents per day, to be paid in like manner as the salary of the clerk of the board of ed^ication; Provided^ That no member shall receive pay for more than seven days' service in an}^ one year, one day of which shall be spent in attending a teachers' institute. VII. Boards of education fix the term of school for the whole dis- trict. , VIII. If a sub-district for any cause fail to have a school in any year it can not have a longer term than the other schools of the district in the following year. IX. If officers of town corporations also act as the school board for the independent district, they are entitled to the same pay as district school officers of the same grade : Provided, they receive no compensation from the town corporation for their services. X. Only one payment of $1.50 per day, for not exceeding seven days can be made for services of any member of a board of education, and the successor gets nothing if the predecessor received pay for the seven days allowed. — Alfred Caldwell, Attorney-General. XI. The board have the power to fix the salary to be paid teachers as a class based upon the grade of the certificate they hold, but in my opinion they can not require the trustees to employ a teacher of a certain grade. The trustees have the unquestioned right to employ a teacher of any grade certificate which entitled him or her to teach, and pay the salary fixed by the board for that grade. — T. 8. Riley, Attorney-General. i 7. The board of education of each district and inde- pendent school district shall be a corporation by the name of "The board of education of the district or inde- pendent school district of — , in the county of -", and as such may sue and be sued, plead and Board of Education a Corporation. be impleaded; and as such corporation, shall succeed and be substituted to all the rights of the former township and district boards of education; and may prosecute and School Law of West Virginia 15 maintain any and all suits and proceedings now pending or which might have been brought and prosecuted in the name of any such former board of education for the re- covery of any money or property, or damage to any property due to or vested in such former board. The said board shall also be liable in its corporate ca- Property pacity for all claims legally existing against the board of boards, education of which it is successor. Said board shall re- ceive, hold and dispose of according to the rules of law and the intent of the instrument conferring title, any gift, grant, devise or bequest, made for the use of any free school or schools under their Jurisdiction; and with- out any transfer or conveyance, shall be deemed the owner of the real and personal property of their district, and the property of the former township or district for which their district was substituted. Process and notice may be served on said corporations Process on by delivering a copy thereof to the secretary, or any two served. ^*^^ members of the board. And all suits or proceedings now pending in any of the courts of the State, in the name of the board of education of any district for any demand or claim in favor of the board of education of any township or district, are hereby made valid. 8. The board of education, at their first meeting after f^'^^'^'^^'L^of their election, shall appoint a secretary, who shall not be Education, a member of the board, and who shall attend all meet- ings of the board, and record their official proceedings in a book kept for that purpose, which record shall be attested by his signature and the signature of the presi- dent of the board, and which shall, at all reasonable times, be open to the inspection of any person interested therein; he shall have the care and custody of all papers belonging to the board containing evidence of title, con- tracts or obligations, or being otherwise valuable, and preserve the same in his office, properly arranged for reference, and shall record and keep on file in his office such papers and documents as the board or the law may direct. He shall keep such accounts and prepare and certify secretary ; such reports and writing pertaining to the business of reports of. the board, as the board or law may direct. He shall pub- lish within three days after any meeting of the board of education an abstract of the proceedings thereof, by posting the same at the front door of the place of meet- ing. He shall within ten days after the annual levy is laid certify to the county superintendent of free schools, the total value of all property, real and personal, in his district, with rate of levy, and amount thereof, keeping separate the rates and amounts of teachers' and building funds; and said superintendent shall within twenty days 16 School Law of West Virginia certify the same to the State Superintendent of Free Schools, using blanks therefor, furnished by said State Superintendent. He shall also have authority to admin- ister oaths to school officers in all cases where they are required to take an oath as such. Secretary; For his servicos as secretary he shall receive such compensation ,• xi i n t j. • j? x of. compensation as the board may determine irom year to year, not to exceed fifteen dollars, to be paid out of the building fund by an order drawn by the county superin- tendent, when after an examination by said superinten- dent of said secretary's books, they are found to be cor- rect. But such order shall not be drawn until the sec- retary shall have made his annual report to the county superintendent as hereinafter provided, and be approved by the said county superintendent. (See also Sec. 21.) XII. Teachers are- school officers. XIII. The office of secretary of the board of education is held at the will of tlie board. The secretary may be relieved at any time by the board. XIV. The secretary's annual report cannot be completed before the sheriff's settlement with the board of education. Coimty superin- tendents are forbidden by law to issue orders for the pay of secre- taries until they present correct and complete reports. XV. The law does not specify who shall call the meetings of the board. The board should adopt a rule upon this subject at its first meeting in the school year, when all its members are present. Education- ^- '^^^^ boards of education shall have general control powers and and supervision of the schools and school interests of duties of. ^i^g^j, districts; they may determine the number and location of the schools to be taught; change the bound- aries of their sub-districts, and increase and diminish the number thereof, having due regard for the school houses already built, or sites procured^ assigning, if practicable, to each sub-district not less than forty youths between the ages of six and twenty-one years; Provided; That every village consisting of fifty inhabi- tants or more, shall be included in one sub-district. And' provided, further. That no change in any sub-district shall take effect, except immediately after the annual apportionment of the general school fund. When such village as is mentioned in this section is divided by dis- trict or county lines, the said village 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 its territory is attached, and said board shall define and enter of record in the office of their secretary the several district and sub-district lines. Any person aggrieved by any decision of the board of iJ'tena^n"^^^" education, changing the boundaries of a sub-district, or increasing or diminishing the number of the sub-dis- tricts, in their district, under this section, may appeal Change in sub-district. Appeal to School Law of West Virginia 17 therefrom to the county superintendent of schools, and have the same corrected, if erroneous. Every such per- son shall present to the county superintendent his peti- tion, signed by himself and at least five other residents of the sub-district, stating the action of the board com- plained of, and the grounds of appeal; and the county superintendent shall thereupon fix a time and place for the hearing of the appeal, and cause a notice thereof to be served upon the president or the secretary of the board of education, at least five days before the hearing. If upon hearing the proofs and allegations of the parties, the superintendent be of the opinion that the action of the board complained of was illegal or improper, he shall reverse or correct the same; otherwise the said action shall be affirmed. XVI. ■ Where the county court of a county changes the boundary lines hi a district or increases or diminishes the number of districts after the annual levy has been laid for school purposes, and the sal- aries of teachers fixed in the respective districts, and provides that such change or changes shall take effect before the end of the school year (June 30), the schools and school officers should continue as if no change had been made, making settlements, &c., until the close of the year, when the changes ordered should be recognized. XVII. The building of school houses is discretionary with the boards of education. There is no power in any other court, body or person to compel them to build a school house. — Alfred Caldwell, Attorney-General. XVIII. The appeal to the county superintendent under this section Is limited to cases involving the changing of boundaries of a sub-dis- trict, or increasing or diminishing the number of sub-districts. I 10. The board of education shall cause to be kept in schools must every sub-district of their district, by a teacher or ^^ pi'ovided. teachers of competent ability, temperate habits and good morals, a sufficient number of primary schools for the instruction of the persons entitled to attend fhe same, and should the trustees of any sub-district neglect or fail to employ a teacher for their sub-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, who may at- with intent to make such sub-district their home, shall ^^'^^ school, have a right to attend and receive instruction at the primary schools thereof, that is to say: Every youth between the ages of six and twenty-one years, shall have such right; and any other person wishing to receive in- struction at any free school in this State, shall have a right, with the assent of the trustees, to attend such school, and the teacher or teachers there employed shall give instruction to such person the same as is required by law for other persons, upon the payment of tuition -^ho to pay fees, not to exceed one dollar and fifty cents per month tuition, for each pupil, and upon such other terms as the trus- tees of the sub-district may prescribe. Said tuition fees 18 School Law of West Virginia shall be piid in advance to the sheriff, who shall give his receipt therefor, and place the amount to the credit of the teachers' fund of said district. attend'^schooi ^^'^- ^^ery person having under his control a child or twenty children between the age of eight and fourteen years shall wee s , ines. ^^^^gg such child or children to attend some public school for a period of tAventy weeks yearly, beginning with the beginning of the school term. For every neglect of such duty the person offending shall be guilty of a misde- meanor and shall, upon conviction thereof before any jus- tice, be fined two dollars for the first offense and five dol- lars for each subsequent offense, which fines shall be paid into the building fund of the district in which said offense An offense. Truant officers. occurs. An offense, as understood in this act, shall consist in a failure to attend school for two days in any week, ex- cept in cases of sickness or death in the pupil's family, or the pupil be otherwise instructed for a like period of time, or except for other reasonable excuse, provided there be a school in session within two miles of the pupil's home by the nearest traveled road. The board of education of every district or indepen- dent district, at its first annual meeting or as soon there- after as practicable, may oppoint one or more truant officers whose duty it shall be to enforce the provisions of this act. Each officer so appointed shall use due dili- gence to ascertain any violations of this law and when, from personal knowledge or by report or complaint from any resident or teacher of the district under his super- vision, he believes that any child subject to the provisions of this act ist habitually absent from school, he shall im- mediately give written notice to the parent, guardian or custodian of such child that the attendance of such child at school is required, and if, within five days, such parent, guardian or custodian of said child does not comply with the provisions of this section, then such truant officer shall make complaint against such parent, guardian or custodian before the nearest justice of the peace; Provided^ That only one notice shall be required for any child in any one year. Teachers in ungraded schools, and principals and su- superintend^*^ psi'intendents in graded and high schools, shall report to truant officers all cases of violation of this act among the enumerated youth of their sub-districts or indepen- dent districts, and shall furnish any reports and informa- tion necessary to a proper hearing of any case before a justice of the peace, and all such teachers, principals or superintendents, shall assist truant officers in every rea- sonable way in carrying out the provisions of this act. Teachers, super ents to assist. School Law of West Virginia 19 Justices shall remit to the sheriff at once all fines col- Fines to be lected under the provisions of this act so that they majon^e. be credited to the building fund of the proper district and every truant officer shall make to the sheriff an item- ized statement^ on the last day of the month, of all fines imposed under his jurisdiction. Said truant officers shall be paid monthly, at the rate Compensa- of two dollars per day for the time act^ially spent in the office^rs. ^" discharge of their duties as such officers, but in no case shall payment for any month's services be made until the truant officer has filed with the secretary of the board of education a copy of his statement to the sheriff for that month, together with a sworn statement of the number of truancy cases investigated, and the time actually em- ployed in such duties. Wlien the truant officer has faith- fully, performed his duties and filed the statements re- quired by this act, the board of education, if satisfied the same is correct, shall order a warrant to be drawn upon the sheriff for the amount of his month's salary to be paid out of the building fund of the district. All other acts or parts of acts coming within purview of this act and inconsistent with it are hereby repealed. XIX. I am of the opinion tliat House Bill No. 133 (Compnlsory Law) is applicable to and enforceable in the Independent School Dis- trict of Wheeling — Romeo H. Freer, Attorney-Qeneral. XX. A teacher has no authority to admit or exclude pupils from a school, whetlier from the same or another sub-district, without the consent and direction of the trustees of the school. This does not refer to his right to suspend a pupil for disorderly conduct. 11. In the primary schools there shall be taught Branches to orthography, reading, penmanship, arithmetic, English ^'^ taught, grammar, physiology, general, United States and State history, general and State geography, single entry book- keeping, civil government, and in addition thereto the theory and art of teaching. It shall be the duty of the State Superintendent to prescribe a manual and graded course of primary instruction to be followed in the country and village schools throughout the State, arrang- ing the order in which the several branches shall be taken up and studied, and the time to be devoted to them, respectively, with provisions for advancement from class to class, also for the examination and gradua- tion of all pupils who satisfactorily complete the pre- scribed course. XXI. The Theory and Art of Teaching as enumerated in Section 11, is not to be understood as being one of the branches required to be taught in the primary schools, but teacliers are required to pass an examination in the same, — See Section 29, — as they are in all branches required to be taught under the provisions of this section. XVII. Trustees should be very careful not to interfere unnecessarily with a teacher in relation to matters pertaining to the conduct and government of his school. I do not think a teacher should be com- pelled to give instruction to pupils * * in all branches prescribed by law without reference to proper grade. — Alfred CaldiDell, Attorney- General. 20 . School Law op West Virginia XXIII. It is the official duty of the county superintendent to see that the graded course of study for country and village schools is thoroughly introduced into the said schools of his county. But it is not the county superintendent alone upon whom this responsibility rests. The law makes it the duty of members and secretaries of boards of education and of trustees and teachers as well, to perform their whole duty, seeing to it that the course of study, with grading according to accompanying plan, shall be fully introduced into every country and village school in the State. Nature and 11a. I. That the nature of alcoholic drinks and nar- hofi^c* drinks." cotics, and Special instruction as to their effects vipon the must be human system, in connection with the several divisions " ■ of the subject of physiology and hygiene^ shall be in- cluded in the branches of study taught in the common or public schools, and shall be taught as thoroughly and in the same manner as other like required branches are in said schools, and to all pupils in all said schools through- out the State. Fine for fail- II. It shall be the duty of the proper officer in control ure to teach. q£ ^^^y scliool described in the foregoing section to en- force the provisions of this act; and any such officer, school director, committee, superintendent or teacher who shall refuse or neglect to com(ply with the requirements of this act, or shall neglect or fail to make proper pro- visions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be re- moved from office, and the vacancy filled as in other cases. Teachers to HI- N^o Certificate shall be granted to any person to be examined teach in the public schools of the State, after the first of January, anno domini, eighteen hundred and eighty-nine, who has not passed a satisfactory examination in physi- ology and hygiene, with special reference to the nature and the effect of alcoholic drinks and narcotics upon the human system. Trustees 13. The trustees shall be under the supervision and of"^fhe "^board' '^°^-^^^"*^^ ^^ ^^^® board of education, and in all cases the action of the trustees shall be subject to the revision and correction of the board of education, on the motion of any member thereof, or upon the complaint in writ- ing of any three tax-payers of their sub-district. Transfer of Whenever it shall happen that the persons authorized pupils. ^Q attend school are so situated as to be better accommo- dated at the primary school of an adjoining sub-district, whether in the same or in an adjoining district or county, 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 adjoining district or county, it shall be the duty of the trustees of the sub-districts interested, to transfer such persons for school purposes to the sub-district in which such school bouse is, or may be, situated; but the enumeration of \oulh shall be taken School Law op West Virginia 21 in each sub-district as if no transfer had been made, and the trustees of the sub-district in which the school is sit- uated shall have the management of such school. But in all cases of transfer of pupils from one district Tuition, to another, the board of education of the district from which the transfer is made shall pay to the board of education of the district in which the school is carried on, such proportion of the cost of said school, as the scholars so transferred bear to the whole number of scholars taught in such school. XXIV. "This section was not intonded nor does it authorize trus- tees to transfer pupils from a sub-district to an independent school district." — Alfred Caldicell, Attorney-General. XXV. The cost of the Uiition of the transferred pupils should be estimated from the time the transfer takes effect until it expires or the pupils are withdrawn. XXVI. No transfer is complete until the trustees of the sub-district to which transfers have been made have agreed to accept the pupils. XXVII. When pupils are transferred to an adjoining sub-district in another district it is the duty of the trustees making the transfers, although they are not requii-ed to do so by statute, to notify their board of education of all transfers made by them, and the said board of education is required by this section to pay to the board of educa- tion of the district to which the pupils have been transferred such proportion of the cost of said school or schools as the pupils so trans- ferred bear to the whole number of pupils taught in said schools dur- ing the time of the transfers. 13. The trustees of every sub-district shall have charge Trustees to of the schools therein and shall meet at the school house of schoofs and of their sub-district on the third Monday in July of every fg^P^^^gr^g year, or as soon thereafter as practicable and appoint a teacher or teachers, for the coming session of their school, and in such appointment at least two of the trus- tees who are' the trustees for the ensuing year, shall con- cur, and such appointment shall be in writing in the form of a contract according to the form furnished by the Form of State Superintendent of Free Schools and said form shall state that the trustees whose signatures are affixed there- to, met together as herein required, and said contract shall be filed with the Secretary of the board before the be- ginning of the term for which said teacher is employed. Provided, That no trustee of any sub-district shall ^^^f^^^^^j^^'P participate in contracting with or appointing any person as teacher of their school to whom he sustains the rela- tion of father, father-in-law, brother, brother-in-law, uncle, cousin, grandfather, sister, niece or nephew, and if the appointment of any teacher be otherwise than at a meeting herein authorized or if the appointment be within the degrees of relationship herein specified, the board of education shall declare such contract illegal, if the declaration be made by the board before the time mentioned in the contract for the beginning of the school term. Any teacher so appointed may be removed by the 22 School Law of West Virginia # k trustees or by the board of education for incompetency, neglect of duty, intemperance, profanity, cruelty or im- morality. The trustees shall exclude from any school under their charge any person having a contagious or in- fectious disease, and they may suspend or expel any scholar found guilty of any disorderly, refractory, inde- cent or immoral conduct, and may refuse to admit such scholar again to the school until satisfied that he will properly conduct himself thereafter. But the trustees shall take no action or proceeding relating to the removal of teachers or the suspension or expulsion of any scholar from school unless at a meeting of which the trustees have all had notice, and when at least two of their num- ber shall be present and concur in such action or proceed- ing, and their action in each particular shall be subject to the revision and correction of the board of education upon complaint in writing of a majority of the patrons of the school, residing within the sub-district in which such action has been taken. Any trustee may, for good cause shown be removed from office by the board of edu- cation upon five days notice in writing, of the cause alleged for his removal, and of the time and place the board will take action thereon. Whenever at the end of any school month the daily average attendance for that nionth has been less than thirty-five per cent of the whole number of pupils enumerated in the sub-district, the trustees may dismiss the teacher and discontinue the school, unless otherwise directed by the board of educa- tion; and no high school shall be continued if at the end of any school month, it has not had an average daily at- tendance of twenty-five scholars. And it is further ex- pressly provided, that should any trustee of any sub- district or a member of the board of education receive any money or other thing of value for his aid, assistance or vote in securing to any teacher a school or employment in any district or independent school district in the State, in which said trustee or member of the board of educa- tion is authorized by law to act, shall be guilty of a felony and upon conviction thereof shall be punished by con- finement in the penitentiary of this State not less than one nor more than three years. XXVIII. Neither boards of education nor trustees have authority to employ a person to teach in the free schools of this State unless such person presents a certificate in duplicate still in force of his qualifica- tion to teach a school of the grade for which he applies. Teachers • employed as substitutes should hold same grade of certificates as those Whose places they fill. XXIX. A teacher has the right to punish pupils placed under his charge for infractions of the rules governing the school. But like the parent who has the right to enforce obedience, he is answerable for the abuse of the trust. XXX. The trustees of a school have authority to contract with a teacher for the length of time and the price per month prescribed by the board of education, and the board must provide for its payment. School Law op West Virginia 23 XXXI. The law prohibiting trustees from employing teachers for their schools to whom they sustain certain specified relationship, has been construed by this office to refer only to "first cousins " and the connection must be by blood, and not by marriage. — Borneo H. Freer, A ttorney-G eneral. XXXII. I am of opinion, therefore, that trustees and boards of education, under the law, can appoint teachers, and of course, super- intendents, for only one year. — Clarke W. Mapj Attorney -General. 14. The trustees shall visit every school under their Trustees shall charge within two weeks after the opening, and again Jp|'^,\ ^^*^o°fg_ within two weeks before the close thereof, and at such other times as in their opinion 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 them- selves 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 suffered to remain about the house or grounds, and whether the school house is well ventilated and kept comfortable, as the season may require; and where it is necessary, provide and promptly apply the proper remedy. They shall also during such visits make such examina- tion 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 directions or make such suggestions to the teachers, as in their opinion, will promote the interest of the school, and the health, morals and progress of the scholars. XXXIII. The duty of visiting the schools is made obligatory upon the trustees, and they should faithfully comply with the law in this matter. XXXIV. The leading ob.iect of the trustees on this, their first visit, should be the examination of the sanitary condition of the school building and out-houses. The health of both teachers and pupils de- pend upon healthful surroundings. 15. They shall cause the school houses under their rp^yg^ees must charge and everything pertaining thereto, to be kept in keep school good order and repair, and for this purpose it shall, order, among other things, be their duty to cause proper suits and prosecutions to be instituted, in the name of the board of education of the district or otherwise, against every person who shall injure or destroy any school property of which the said trustees have charge; and they shall not, Avithout the permission of the district board Trustees may of education, allow said school houses to be used for ^^^^ %^^°yP} ■' PI house to be any other purpose whatever, except for the purpose used for of holding religious or literary meetings and • Sunday poges!"^ ^"'^' schools, equally by the various religious denominations that may apply for the same, and further for such other meetings as may be considered beneficial to the public generally under such regulations as to the care thereof 24 School Law of West Virginia as may be prescribed by them; Provided, That such meetings shall not interfere with the public schools. The trustees shall furnish to the board of education estimates of all improvements necessary to the preserva- tion or repair of buildings, grounds and furniture under their charge. XXXV. The trustees of a school may allow religious exercises held in their school house. They may prescribe conditions, etc. They may refuse to allow the school house to be used for this purpose. In either case, on motion of any member of the board of education, or the petition in writing of three tax-payers of the sub-district, the action of the trustees may be reviewed and reversed or affirmed. The county superintendent has no authority in the matter. XXXVI. "Debating societies," teachers' meetings, school exhibitions and spelling-schools, together with any other meetings, having for t their object the advancement of the school interests of the sub-dis- trict, and being of a literary character, if conducted in a respectable manner, come within the meaning of the words "literary meetings," as used in the fifteenth section of the school law. XXXVII. If the trustees of a school refuse the use of a school house for religious purposes, an appeal may be taken to the board of educa- tion. The decision of the board is final, either for or against. They may absolutely exclude all denominations from the school house. XXXVIII. Religious and literary societies and teachers of select schools, may be required to give security for the protection of school property where trustees are asked to allow the school house to be used for the meetings of such societies. The use of public school property for such purposes is a privilege, not a right. XXXIX. I think that the trustees, with the consent of the board of education, can allow the school house to be used for the purpose of holding a select school ; provided it does not interfere with the public school. I am also of the opinion that the action of the trus- tees in either refusing or granting the use of a school house for the purposes above mentioned may be reviewed by the board of educa- tion of the district. The party so occupying the school house may be required to give security for the proper care and use of the building. — T. S. Riley, Attorney-General. Penalty for 15a. [Section 19, chapter 14a code, chapter 13, Acts or*^Sst^urbfngl887.] If a person willfully interrupt, molest or disturb school. any free school, or other school, literary society or any other society formed for intellectual, social or moral improvement, organized or carried on under or in pursuance of the laws of this State, or any Sunday school, or other school, or school exhibition, or any society lawfully carried on, he shall be guilty of a mis- demeanor, and fined not less than ten nor more than fifty dollars, or at the discretion of the court, be con- fined in the jail of the county not more than thirty days, in addition to said fine. 15&. If any person shall willfully disturb, molest, or interrupt any literary society, school, or society formed for intellectual improvement or any other school or society organized under the laws of this State, or any school, society, or meeting formed or convened for im- provement in music, either vocal or instruiuental, or for any moral and social amusement, the person so ofl:ending shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than five School Law of West Virginia 25 dollars, and may be imprisoned in the county jail not exceeding ten days. 16. The trustees of each sub-district shall keep exact Trustees must account of all necessary expenses incurred by them in account of the performance of their duties, and render to the sec- expenses, retary of the board of education, at or before their last meeting for the current school year, written accounts, by items, of all such expenses, which, if the board find correct, they shall pay by an order to the sheriff, drawn on the building fund of the district, signed by the sec- retary and president. The trustees of any sub-district may purchase fuel. Trustees may water buckets, brooms, coal hods, shovels, pokers, stove taVn a^rttcies^' pipes, crayons, erasers and dippers, for use in school ^^^ "epairs"^^' rooms. They may make such repairs in windows, doors, benches, desks, floors, walls, ceilings and roofs as will render the house comfortable. For such pur- chase or repairs they shall render to the secretary of the board of education an account, which if the board find correct, they shall pay out of the building fund of the district. No one trustee shall, by himself, have any power to Trustee? : perform any duty required by law of the trustees, who i^o'^''^'^ ^^^ shall meet at a time and place fixed by two of their number, the other having had reasonable notice of such meeting, and two of the trustees shall constitute a . quo- rum, and they shall keep a record of their acts and pro- Record of ceedings in a book to be furnished them by the board ™'^^*™^' of education for that purpose, such book to be turned over by them to their successors in office. XL. While trustees are appointed Tjij the hoard of education, their powers are prescribed and their duties imposed by law ; and by section 12 of chapter 45, of the Code, the actions of such trustees are subject to the revision and correction of the board of education on proper motion or complaint made ; yet no power is given the board to interfere with or prevent a proper discharge by tile trustees, of the duties imposed upon them as such, by law." By section 16 of chapter 45 of the Code, it is provided, among other things, that "the trustees of any sub-district may purchase fuel, water buckets, brooms, coal hods, shovels, pokers, stove-pipes and dippers for use in school rooms. * * * por such purchases they shall rendev to the secretary of the board of education an account which, if the board find correct, they shall pay out of the building fund of the district." If then the board, upon examination or revisal, find the account correct, they cannot alter, amend or repudiate it ; but in the lan- guage of the law, they shall pay it out of the building fund of the district. — G. C. WattSj Attorney-Oeneral. 17. White and colored persons shall not be taught in White and the same school, but to afford to colored children the bene- not°^^o attend fits of a free school education, it shall be the duties of ^^^^ school, trustees of every sub-district to establish therein, one or more primary schools, for colored persons between the ages of six and twenty-one years, and said trustees or board of education shall establish such school whenever there are at least ten colored persons of school age resid- 26 School Law op West Virginia ing therein and for a less number, when it is possible to do so. Two or _more The trustees of two or more sub-districts Avhether in may join^ in the Same or adjoining districts or counties, may, by agree- coiored'^^'^^ nient with each other, join in establishing a primary schools. school for colored children residing in said sub-district, and such schools so established, shall be subject to the same regulations as are provided for the school for white children, in section twelve of this chapter. All other acts and parts of acts coming within the purview of this Act and inconsistent therewith are hereby repealed. XLI. "When a school has been established for colored pupils un- der section 17, it must be kept open and continued as long as the schools for whites in the same district. The colored children, after the school is established under that section, are entitled of right to the same apparatus, necessary furniture, and school appliances as well as the same length of school term as the whites in schools of like grade, no matter how little or how great the taxes collected from the colored people of the district may be. There is nothing in the ISth section to affect this view. The 18th section deals with another case entirely and cannot affect in any way a sub-district where a colored school is established in accordance with law. — Alfred Cald- well, Attorney-General. XLII. I am of opinion that it would be perfectly proper, within the spirit and intent of this law, for boards and trustees in certain cases of isolation when they can not possibly do otherwise, and when there are only one, two or three colored persons of school age in the same district or sub-district, to hire at a fair compensation, to teach them and for the length of time to which they would be reasonably entitled, even if the person so hired did not have the certificate which the law provides, but are otherwise capable. — Clarke TV. May, Attorney-General. XLIII. I am of the opinion that, as the law is, they [board of education] would be justified in establishing such school in a sub- district when there are no more than five or sis colored persons of school age who are entitled to go to school, and to be conducted and managed according to law in common cases. — Clarke IF. May, Attor- ney-Geenral. Division of 18. Whenever, in any school district, the benefit of a efl't of coioreafi'ee school education is not secured to the colored chil- chiidren. (jj-gj^ residing 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 by the board of education 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 proper age, residing in such sub-district, or district, and be applied for that purpose from time to time in such way as the board of education of the district may deem best. Any board of education failing to comply with this section may be compelled to do so by the circuit court of the county, by mandamus. Enumeration 19. The board of education of each district and inde- o yout s. pendent school district shall require the teacher or I School Law OF West Virginia 27 teachers in each sub-district or independent school dis- trict, annually, before the close of the school or schools, not later than the first day of April, to make an enum- eration of all the youths resident in such sub-district or independent school district, who shall be over .six years and under twenty-one years old, on the first day of July following, distinguishing between male and female, white and colored. The enumeration shall be taken in two classes as fol- lows : One class shall contain all youths between the ages of six and sixteen years, and the other, youths be- tween sixteen and twenty-one years respectively. The enumeration shall be verified by the affidavit of the teacher who took the same, before some person quali- fied to administer oaths, to the effect that he used all means in his power to make it, and believes it to be correct, and shall return such enumeration to the secre- Enumeration ; tary of the board of education of the district with the not'^taking.''' term report of such school, or not later than the first day of April; and unless such enumeration be properly taken and returned, the teacher shall not be entitled to demand payment of the balance due on his salary, or so much thereof as shall be necessary to defray the ex- penses of the enumeration as herein provided. No teacher in this State shall be required to serve on Teachers ex- any jury, nor to work on the roads, while his school isc^-tain'^"™ in actual operation. duties. The secretary of the board of education shall keep a Enumeration ; record in his office of the enumeration of youth so taken, ||erf ''Record' and shall annually, on or before the fifteenth day of of. April transmit a certified copy of such enumeration to the county superintendent of his county. When such enumeration for any district or sub-district shall not be received by the county superintendent before the twen- tieth day of April in any year, it shall be his duty, with- out delay, to employ a competent person to take and verify the sanie as aforesaid. 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 dollars per day for the time necessa- rily consumed, and paid by an order of said board, signed by the president and secretary, out of the build- ing fund of such district. In either case the county superintendent as soon as he County receives the enumeration for any district or independent fnfTo^report. school district, and not later than the first day of May, shall forward to the State Superintendent of Free Schools a statement of the number of youths of school age therein. The State Superintendent of Free Schools shall prescribe 28 School Law of West Virginia Trustees' report. Secretary's report. Additional report. and furnish all blanks to be used for taking the enumera- tion of youth. XLIV. A correct enumeration of the school youth is one of the most important matters connected with the school work of the State, for it is the basis upon which the general school fund of the State is apportioned. The secretary should carefully examine the enumera- tion report from every sub-district and satisfy himself of its accuracy. XLV. The secretary of the board is authorized to administer oaths to teachers as to the correctness of their reports of enumeration. S'ee Section 8. 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 particulars; that is to say: The condition of school houses under their charge; the value and kind of apparatus; the number of volumes in school libraries and their value, with such explanations, remarks and additional information as the said trustees may deem useful, or as the blanks furnished by the State Superin- tendent of Free Schools may require. They shall also report the same particulars in relation to any schools under their charge for colored persons. XLVI. Trustees should make their annual report as prescribed in form No. 0, at the close of the year (June 30) whether the school closed then or not. 21. The secretary of the board of education to whom the report of the trustees shall have been made, as provided in the twentieth section, shall revise the said reports, and if they be found erroneous or de- fective, may return them for correction. From the cor- rected report and the teachers' registers, 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 county superintendent on or before the twentieth day of July, annually, in tabular form, by sub-districts, embracing each particular reported to him by the said trustees' reports and teachers' regis- ters, and showing the aggregate or average of each, as the case may require, for his district. And he shall further report to the county superintend- ent on or before the twentieth day of July, annually, the following additional particulars in reference to his dis- trict, for the year ending on the preceding thirtieth day of June, that is to say: The rate and amount of the tax levied for the teachers' fund and the building fund re- spectively; the anxount 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 School Law of West Virginia 29 sources placed to the credit of each fund; the amount ex- pended for the pay of teachers^ male and female, white and colored, respectively; the amount of commission paid to the sheriff or collector; the amount of the delinquent list returned by said collector; the amount of the balance in hand at the close of the school year for each fund; the amount expended for the purchase of sites for school houses, and for the construction and furnishing of the same; and for the rent, hire and repair of such property; the amount expended for such furniture, for apparatus, for interest, for the enumeration of youth, and for con- tingencies ; also, the number of volumes in school libraries and their value; total receipts, total expenditures, with such explanations, remarks and additional information as he may deem proper, or as the blanks furnished by the State Superintendent may require. He shall also, in like manner, report all particulars, pertaining to any colored school or schools in his district, including the number taught therein, and for what length of time. For this report the secretary shall be allowed out of Seci-etary's the building fund, in addition to his salary as secretary, for making ten dollars ; hut 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. XLVII. In the case of summer schools where a part of the term is finished in one year and a part in the next, the financial condition of the district must be reported, just as it is, without regard to what may or may not be contracted for. In the estimate for the levy the amount of partially executed contracts and the balance on hand to pay them must be considered. The statistical report of such schools should be made in the year in which they close. XLVIII. The secretary's annual report cannot be completed before the sheriff's settlement with the board of education. County superin- tendents must not issue orders for the pay of secretaries until they, present correct and complete reports. The law provides this in de- claratory terms. XLIX. Chapter 29, s. 67 Code, requires the secretary of every school district and independent school district through which a railroad runs in each county, within thirty days after the levy is laid for free school and building purposes, or either, to certify to the auditor the amount so levied, etc. 23. The county superintendent shall receive and revise county Super- the reports made to him as aforesaid, and see that they i°p*o'^.t®°*'^ are in proper form and according to intent of law; and when deficiencies or errors are found to exist, shall re- turn them for correction. From, these reports and such other authentic information as he can obtain, he shall make report to the State Superintendent of Free Schools, on or before the first day of August, annually, or as soon thereafter as possible, setting forth in reference to each district of his county, for the year ending on the preceed- ing thirtieth day of June, the several particulars men- 30 School Law of West Virginia School year. High' school mode of establishing same. tioned in the twentieth and twenty-first sections, with the proper aggregate or average of each for the count}^; and shall make the apportionment, and report such apportion- ment to the auditor, and also report whether the dis- , tricts have made the levy for school purposes required by this chapter. L. The report of the county superinter-dent should be made not later than the first day of August, as prescribed by law, that the State Superintendent may complete his annual report, which be should have compiled for the Governor not later than the first day of October. LI. The apportionment of the General School Fund, made by the county superintendent, should be reported to the State Superin- tendent, as well as to the auditor. S3. The school year shall commence on the first day of July, and close on the thirtieth day of June, and all reports, accounts and settlements respecting the free schools of this State shall be made with reference to the school year. LII. If any school opens after the first day of April, (the time required for the enumeration to be returned by the teacher) if the teacher so opening the school has not taken ' the enumeration and i-eturned it, it is the duty of the county superintendent to employ some one, as the law directs, to take the enumeration of that sub- district. The pay of such person would not be properly deducted from the teacher's salary, who opened the school after the time re- quired for the enumeration to be returned. LIII. If a school opens so near the close of the school year that by continuing in session all the school days to the end of the year the term vi'ill not be finished before the year closes, the remaining time, under the contract may be completed in the new year. (In this case the school should be reported in the new year.) If the school open in ample time to finish before the close of the year, but sus- pends before the term is out, the time cannot be added to the next year's term. LIV. The school law contemplates that the financial affairs shall be closed up at the end of each 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 day and month of election named in section two of this chapter, of any year, in the manner following, that is to say : The board shall prepare and sign a notice setting forth the kind of school 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 support- ing the school after it is in operation, with such other information concerning it as they may deem proper ; and stating that the question of authorizing the estab- lishment of such school will be submitted 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 public places in the district. A poll shall thereupon be taken upon the said questioii, at the election specified in the notice. School Law of West Virginia 31 and the result ascertained in like mlanner as is prescribed in section two of this chapter. The ballots used in voting on the question shall have written or printed thereon the words, "For the high school/' or ''Against the high school." If it appear by the result of said poll that not less than three-fifths of the voters who voted on the question are in favor of authorizing the establish- ment of said school, the board of education may then proceed to obtain the site and provide proper buildings, fixtures and improvements, and procure necessary furni- ture, books and apparatus for the said school, to sup- port the same after it is put in operation; for which pur- pose the board may annually levy an additional tax on Additional the property taxable in their district, not to exceed in^ig^ schools, any one year thirty cents on every one hundred dollars valuation thereof, according to the latest assessment for State and county taxation. The said school shall be under the care and direction of the board of education of the district in which it is established. LV. The maximum rate of levy is twenty-five cents on the one hundred dollars, for country and village schools except as provided in section 40. but for the support of high schools established in ac- cordance with the provisions of this section, there may be an addi- tional levy of ten cents on the one hundred dollars, thus making the maximum rate for the support of these schools thirty-five cents on the one hundred dollars, and the power to levy to this extent is granted to the board by the vote of the people when the higli school is estab- lished. 25. In like manner, if the boards of education of two ^^^^ 1^1^^°°' or more districts, whether in the same or different coun- established ties, deem it expedient to jointly establish and support nfore^" a high school, they may submit the question of author- Io school house shall be erected unless the plan Plans must be thereof shall have been submitted to the county super- county**su-*^° intendent, and approved by hini, and it is herelay made perintendent. his duty to acquaint himself with the principles of school house architecture, and, in all his plans for such struc- tures, to have regard to economy, convenience, health and durability of structure. XCVIII. The approval of the plans of school houses is, perhaps, the most important duty which the county superintendent has to per- form. He is thus made the architect of school house construction in his county, and if the same are ill-constructed, poorly ventilated, poorly lighted, and improperly heated, thus producing physical injury to the pupils, he is morally responsible. 36. When land has been designated by the board of Land for education of any district as a suitable location for a may°be^con- school house and the necessary buildings, or for enlarging demned. a school house lot, if the owner or owners refuse to sell the same, or demand a price therefor which is deemed by the board unreasonable, or the owner is a feme covert, a minor non compos mentis, or non-resident, after ten days' notice, served upon such owner or owners, or the owner or owners being non-residents thereof, by publication for four weeks in some 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 46 School Law of West Virginia School prop- erty exempt. in which such property is located, the board may petition the circuit court of such county, to have such lots of ground condemned for the use of public schools, and such proceedings shall thereupon be had in the name of such board for the condemnation thereof, as provided for in chapter forty-two of this Code; Provided, That the land so taken shall not exceed in quantity one acre. XCIX. When condemnation proceedings become necessary the board of educfation should consult and advise with the prosecuting attorney who will instruct it how to proceed according to the provisions of chapter XLII, of the Code of West Virginia. 37. All school houses, school house sites and other property belonging to any board of education and used for school purposes, shall be exempt from execution or other processes, and from lien on, or distress for taxes or county levies; but when any order of the board, upon the sheriff of the county, or judgment or decrees for a sum of money against the said board has been presented to such sheriff without obtaining payment, payment there- of may be enforced by the circuit court by mandamus or an order for specific levy on the property taxable in the district. 37a. Whereas it is represented to the legislature that,, prior to the introduction of the present free school system, m,any lots or small pieces of land were donated or purchased, and the title thereof, legal or equitable, vested in trustees with the view of erecting thereon build- ings designed exclusively for educational purposes, and that they were used for such purposes many years prior to the formation of the State, and are still used or claimed by the boards of education in the various school districts in many of the counties of the State, and that said trustees in many cases have departed this life or ieit the State, and others since the introduction of the free school sys- tem have declined to act or take any interest in, or control over, such lands; therefore. Be it enacted by the Legislature of West Virginia : 1. That the title of all such lands be, and the same is hereby vested in the board of education of the school district in which such lands as have been in the actual possession of the board of education for the last five years, and are still in such possession and not otherwise claimed, may be, and their successors in office, to be held and used for free school purposes, and none other. 2. If from any cause the board of education of the may be sold, school district in which any such land may lie, shall be of opinion that the interest and convenience of the schools of such district will be promoted by the sale of any such lands, they may sell and convey the same, and use the proceeds of such sales in the purchase of other lands and Title to cer- tain lands. Certain lands School Law of West Virginia 47 the erection or repair of other buildings to be used and held for free school purposes, as in other cases. Sec. 38. To provide school houses and grounds, furni- Levy for ture, fixtures and apparatus, and keep the same in good "^ '°^ order and repair; to supply said schools with fuel and other things necessary for comfort and convenience; to pay teachers for institute attendance, and to pay any existing indebtedness against the building fund, and all other expenses incurred in the district in connection with schools not chargeable to the ' ' teachers ' fund, ' ' the board of education shall annually on the first Monday in July, or as soon as practicable thereafter, levy a tax on the property taxable in each district, not to exceed the rate of fifteen cents on every one hundred dollars valuation thereof; Provided, first, that if the board of education of any district shall be of the opinion that the maximum fixed herein is insufficient for any year it shall make up an itemized estimate of the expenses to be provided for in Additional such year with the rate of levy in cents on each one hun- [fi^v'jded'for dred dollars on the valuation necessary to provide for the payment thereof, and may submit the question of an in- crease levy to the voters of the district at an election to be held therein on not less than thirty days published notice, and may make such rules and regulations as ma}^ be nec- essary for the holding of such election, and if the majority of votes cast on the question of an increased levy at such election be in favor of such levy, the board of education may levy such amount stated in the notice of the election as necessary ; Provided, second, that in case it is necessary to construct a new school building in any year or to finish paying for any building already erected,' or being erected, the levy for siich year may be made any amount necessary not exceeding twenty-five cents on the one hundred dol- payment of lars valuation of property, provided further, that if there ^°^®^*®^"*'®'* is any indebtedness contracted for and not provided for, against said fund on account of any building now r.nder construction, the board of education may issue ordt^rs for such indebtedness, which orders shall bear interest from date, and a list of such orders shall be kept by the secre- tary, and the board may from year to year, lay such addi- tional levy not to exceed twenty-five cents on every one hundred dollars worth of taxable property within the said magisterial district from year to year until all of such indebtedness and orders are paid off. Provided, third: Districts and independent districts P^^y^^^jit^of having outstanding bonds may increase the levies a-f ore- bonds and said by an amount sufficient to pay the interest on such ^f ga^'e_"P^' bonds and the principal thereof in the time provided in the issue of such bonds, but the proceeds of such addi- tional levy may be used for that purpose and no other. 48 School Law of West Virginia To make an estimate. Building Fund. Levy for support of scliools. Before laying the levy herein provided for, or any part or portion thereof, the board shall proceed to make up an estimate of the amount necessary to be levied for, which estimate shall set forth the several heads of expenditures with the amount estimated as necessary under each head and shall enter the same on its record or minutes; such record shall be open to the inspection of any tax payer of the district or any official or officials whose duty it is to see that the laws concerning the levying of taxes are faith- fully enforced. C. It is the duty of boards of education to levy for a sufficient amount for both teachers' and building funds, to do all that is neces- sary to have all the schools in their respective districts taught six months in the year unless such amount would require a levy of more than the maximum rate fixed by law. See section 40 and decisions thereunder. CI. Power of board to purchase outline maps and dictionaries — Section 14 seems to imply that there may be apparatus and library connected with the public school. Section 16 limits power of trustees but not the board of education as to expenditures for certain articles. I am inclined to a liberal construction of the law in respect to what is a proper expenditure of the building fund. I believe outline maps, dictionaries for reference and any other necessary apparatus for the instruction of the scholars in the branches to be taught in the school, reasonable in amount, can be purchased out of the building fund at the discretion of the board of education by virtue of the authority conferred by the 34th section upon such board to provide such furni- ture, fixtures and appliances for the school houses as the convenience of the scholars may reqnive.^Alfred Caldwell, Attorney-Oeneral. 39. The proceeds of taxes so levied, of school houses and sites sold, of all donations, devises and bequests appli- cable to any of the purposes mentioned in the preceding- section, shall constitute a special fund to be called the "building fund," to be appropriated exclusively to the purposes named in the preceding section. CII. A balance due the building found should not be taken by the board to pay debts against the teachers' fund, nor should money be taken from the teachers' fund to pay claims against the building fund. cm. Insurance paid for the destruction of a school house by fire is paid to the credit of the building fund of the board of educa- tion generally, and may be used to erect another building In the same or a different place, or for other purposes, as the board may direct. CIV. To supersede or correct a school levy by the circuit court. For process, see Acts of 1875, chapter '72, and Wells, et al vs. Board of Education, 20 W. Va. 157. Sec. 40. For the support of the primary free schools of this district, and of each independent school district, and to pay any existing indebtednes against the "teachers' fund," the board of education thereof shall annually on the first Monday in July, or as soon thereafter as. possible, levy by the authority of the people as prescribed in section two of this chapter, such tax on the property taxable in the district as will, with the money received from the state for the support of free schools, be sufficient to keep the schools in operation at least six months in the year; School Law. of West Virginia 49 the proceeds of this levy, together with the money received from the state as aforesaid and this amount in the hands of the sheriff to the credit of the teachers' fund of any Teachers' district, shall constitute a special fund to be called the*""*^- ''teachers' fund" and no part thereof shall be used for any other purpose than the payment of teachers' salaries for the current year. Upon the failing of any board of Board may education to lay such levy as is herein required, or any \^ levy.^^"^^ other levy provided for in this chapter, they shall be compelled to do so by the circuit court of the county by writ of mandamus, unless good cause be shown to the contrary; Provided, first, the levy herein provided for shall not in any one year exceed the rate of twenty-five cents on every one hundred dollars valuation of the prop- erty in the district, according to the latest available assess- ments; Provided, second, that if the levy provided for in this section shall not be sufficient to run the schools in the district six months the board may increase such levy to any amount actually necessary to run the schools not less than six months ; nor longer in the independent school districts. Provided, third, that in any magisterial, or any special independent school district where such district maintains ^^^^' a high school the board of education may levy for said high school in any one year a rate not to exceed ten cents on each one hundred dollars valuation of the property in the district, according to the latest available assessment in addition to the levy that is provided for above. CV. If a twenty-five cent teachers' levy will not support the schools of a district for six months, reasonably and economically conducted, together with the aid received from the State, the board of educa- tion is not only authorized by the statute to exceed that limitation but it is its duty under the law to do so. CVI. Under the provisions of this section, the free schools must be kept in operation at least six months in the year, and as many more as may be determined by the voters of the district. CVII. A board of education may be compelled by a writ of man- damus to levy at a sufficient rate to run the schools of a district six months, if the people have directed by vote that the levy be made and the rate of levy does not exceed the limit prescribed by law which may under the provisions of section 40, by special levy exceed twenty- five cents on the $100. CVIII. A board of education violates a plain provision of the law when it pays "existing indebtedness" out of the levy for the current year and thereby shortens the term of the schools of the district be- low six months. A sum necessary to run the schools six months must be provided, and if anything is left it may be applied to exist- ing indebtedness. 41. If the board of education of any district agree that the school in their district should be continued more Longer term than five* months in the year, or if twenty or more voters months, of the district ask it, in writing, they shall submit the question to the voters thereof at the next general election, which order shall state also the length of time for which •The minimum term Is now six months (see sec. 40.) 50 School Law of West Virginia it is proposed to continue the schools. Ballots may be used for voting on the question, on which may be written or printed "for months schools"; for those who are in favor of more than five* months school ; those who oppose a longer term than five* months may vote with a ballot having written or printed on it, "against more than five months school." And if the proposition for a longer term than five months have a majority of all the votes cast for and against, then the board shall order the levy accordingly. Provided, That in any district where a poll is held for a purpose herein specified, notices of such election shall be posted by the secretary of the board of education in at least three public places in the district, at least three weeks before the day of voting; and the notice shall explicitly state the term of time for the school, which is to be voted for, and only two terms of time shall be voted for at any one election. And the time of the term voted for at such election shall continue for two years. The poll shall be held and the election conducted, and the official records returned as prescribed in the sec- ond section of this chapter. The trustees in each sub-district ma}^, in their discre- tion, order all the schools under their jurisdiction to begin in any month in the school year. To get share 42. No district or independent school district shall iev^*s*^ *"°*^ hereafter receive any share of the distributable State necessary. fund for free schools, in any year in which the levy required by the fortieth section has not been made in such district or independent school district; and any money heretofore or hereafter distributed, and undrawn and remaining credited on the books of the Auditor to any such district or independent school district on the thirtieth day of June in each year, shall, on that day, be transferred on the books of the Auditor to, and form a part of, the general school fund to be distributed. CIX. It is the duty of the county superintendent of any county in which a district or districts have voted down the levy, to inform the Auditor of the same, giving name or names of said district or dis- tricts that he may properly transfer that part of the State fund due such district or districts for that year to the general school fund. See section 61, last clause. Assessor's 43. The assessor of every assessment district shall bas*is^for* make out and deliver to the secretary of the board of school levy, education of each district in his district, on or before the first day of July in each year, a certificate showing the aggregate value of all personal property; and the clerk of the county court shall certify to the said secre- tary the aggregate value of all real estate in such dis- trict or independent school district, which certificates *See foot note page 49. School Law of West Virginia 51 shall serve as a basis for any levy that may be made for school purposes for that year. 44. Immediately upon the receipt of the certificates mentioned in the preceding section^ and of the notice from the county superintendent, as hereinafter provided, showing the amount of the general school fund to which such district, or independent school district, is entitled, it shall be the duty of the board of education of such ~ ■ district, to determine the rates of taxation necessary, ior^Q^^.^ must the pay of teachers and for the building fund in 'their ^|termine ^ district for the school year, and for the payment of anytion, such existing indebtedness, as aforesaid, and report the same, by their secretary, to the clerk of the county court, to the county superintendent, and also to the assessor; and thereupon, it shall be the duty of said assessor to extend on his books of assessment for State and county purposes, the amount of taxes levied as aforesaid, in two separate columns, the one headed "^teachers' 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. Any assessor who shall fail to make out and deliver jpjQg j^ ^.g^. the certificate mentioned in the fortj^-third section, and tain cases, any secretary of a board of education who shall fail to make out and deliver the certificate named in this sec- tion, shall be fined twenty-dollars for the benefit of the building fund of the district. And any assessor who shall charge on the assessor's books, as provided in the preceding section, a greater amount of taxes than is due from the person charged therewith shall, in such case, if the overcharge be inadvertently made, be fined double the amount, and if wilfully made, ten times the amount of the overcharge, one-half thereof to be applied to the benefit of the building fund, and the residue to the in- former. The fines provided for in this section may be recovered, jj^^ gjjg on motion of any citizen of the district, or sub-district, in recovered. ^ which such overcharge or delinquency of the assessor —^'-'^ or secretary shall occur or in which the property over- charged may be, on ten days' notice before any justice of such district, or by indictment in the circuit court. ex. The rate of taxation and levy cannot be determined and laid before the first Monday in July of each year. See form of proceedings at this meeting, in Appendix. 45. It shall not be lawful for the board of education jjo^rd must of any district, or independent school district, to con- not create tract for, or expend in any year, more than the aggregate amount of its quota of the general school fund, and the amount collected from district or independent school district levies for that year, together with any balance re- 52 School Law of West Virginia maining in the hands of the sheriff, or collector, at the end of the preceding year, and such arrearages of taxes as may be due such district or independent school district. ?rea*te™^fn^^ But in districts wherein there is a town with certain cases, ^j^ enumeration of youth of school age of three hundred or over, the board of education of such district may bor- row money and issue bonds therefor for the purpose of building, completing, enlarging, repairing or furnishing school houses, in such town. Said bonds shall be payable not exceeding tAventy years from their date, and the rate of interest thereon shall not exceed six per centum per annum, and said bonds shall not be sold for less than par, but in no other case shall any debt be incurred by such board to be paid out of school money for any subsequent year; Provided, That no debt shall be con- tracted under this section which shall, including existing indebtedness, in the aggregate, exceed five per centum on the value of the taxable property in said district, to be ascertained by the last assessment for county taxes previous to the incurring of such indebtedness, nor without at the same time providing for the collection of a direct annual tax sufficient to pay annually the -interest on said debt, and the principal thereof, within and not ^ygj°^g^°°*^® exceeding twenty . years ; and, provided, further, that voted on by no debt shall be contracted under- this section unless all peep e. questions connected with the same shall have been first submitted to a vote of the people of said district, and shall have received three-fifths of all the votes cast for and against the same. Such election shall be held and con- • ducted in the same manner as the general school election provided for in this chapter. If the trustees of any district, or any board of educa- tion shall make any agreement for the employment of a teacher in violation of this section, or for any other object concerning free schools under their charge, so as to occa- Trustees or sion thereby the aggregate of the just claims against the viduaiiy^^'' board of education of the district, or independent school responsible, district, in any year, to exceed its aggregate receipts, as aforesaid, for such year, such board of education, or trus- tees, shall be individually responsible to the teacher, or other person with whom such agreement is made. The board of education of each district, and of each in- dependent school district, in each county, shall require its secretary, ten days prior to the first day of July, in each year, to prepare and post at each place of election within said district, or independent school district an itemized statement, duly sworn to by the president and secretary of said board, showing all moneys disbursed by said president and secretary by orders on the sheriff, or School Law of West Virginia 53 otherwise, within the school year, last preceding, distin- guishing between the teachers' fund and the building fund. The statement shall give the name of each person to whom an order shall have been issued, and shall state the object for which it was given. CXI. * . * • • • • * CXII. An important case arising under the provisions of Section 45, was decided by tlie Supreme Court of Appeals, December 6, 1893, and is reported in 38 W. Va., p. 382. Tlie syllabus reads as follows : 1. Schools and Sclioolliouses — Bpards of Education — Contracts — Construction of Statutes. Under section 45, c. 45, of the Code, the value of a school house and its site yet unsold, though the board of education intends to sell it, can not be taken into consideration in estimating the amount of money available in the fiscal year for contracts and expenditures. 2. Scliools and Sclioolliouses — Boards of Education — Contracts — Construction of Statutes. Where a contract between a board of education and contractors for building a schoolhouse fixes a sum as the contract price, which may exceed the amount of money aA'ailable under section 45, c. 45 of the Code for a fiscal school year, but contains a provision that no liability shall be imposed by such contract on the board for anything beyond the sum lawfully available under that section, so as to prevent the contractors from recovering of the board anything beyond such sum, the contract is not unlawful under said section, so as to prevent the board from paying upon it such money as is applicable under said section. 46. The sheriff or collector of the county shall receive, Duties of collect and disburse all school moneys for the several^ ^"^ ' j districts and independent districts therein, both that levied by said district and that distributed thereto by the State. He shall be required by the county court to give in addition to his bond as collector of the State and county taxes a special bond in approved security in a penalty equal to double the amount of school money which will probably come into his hands for school pur- poses during any one year of his term of office, which shall be made payable to the State of West Virginia, with one or more sureties deemed sufficient by such court, and proved or acknowledged before such court and an order stating such proof or acknowledgment shall be en- tered of record by such court. He shall keep his accounts Avith the several boards of education of each district and independent school dis- trict : one of money belonging to the teachers' fund and the other of money belonging 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 education, 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 judgment, or a decree of a court of justice against the 54 School Law of West Virginia said board, for a sum of money therein specified; or upon an order of the county superintendent, as provided in section eight of this chapter. Sheriff's set- He shall, on, or immediately before, the first day of bo^ds!^ ^^^^ July 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 property of the district or independent school district, for the teach- ers' fund and building fund, and to pay any indebtedness of the district, and with the amount distributed thereto from the general State fund, and for any other moneys received by him during the current year on account of the free schools of such district or independent school district; and he shall be credited with the amount of delinquent school taxes of such district or independent school district that has been duly returned by him and certified by the clerk of the county court to such board of education. He shall also be credited in such settlement with all vouchers produced by him, if found to be correct by the district board of education, and he shall receive no other credits except his commission as hereinafter provided; an account of this settlement shall be made out by each board of education, naming the district for which it is made, with the proper debits and credits which were the subjects of this settlement. They shall also number all vouchers with which the sheriff has been credited by them, and endorse on the back of each the words, "Set- tled by B. E." Under this endorsement the secretary of the board shall sign his name and date of settlement. Sheriff's set- All such accounts and vouchers so endorsed shall then cmmty* court ^® 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 settle- ment to be made by the sheriff or collector, with the county court, according to Article XII, and section 7 of the Constitution, and section fifty-two of this chapter. If any sheriff or collector shall pay out in any one year, more money on account of the teachers' fund or building fund than shall have been levied and could have been collected by him during said year, together with the amount re- maining in his hands from any preceding year, he shall in such settlement, receive no credit for such excess. Sheriff's com- He shall receive no pay for receiving and disbursing inroad ^"^ the State school fund, and not more than two per cent, taxes. for receiving and disbursing railroad taxes, and no pay for the disbursement of any school money, arising from the sale of school property or received from any other source than levies. If he fail to account for and pay over, as required by law, any money which may come School Law of West Virginia 55 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 sheriff to en- drawn by the said board of education upon him, the ^^^^^ drafts. person entitled to receive the sum of money specified in such draft may require the sheriff to endorse thereon, or write across the face thereof the words "presented for payment," with the proper date, and sign the same, and judgment upon motion therefor may be obtained against the sheriif before any justice of his county, or before the circuit court thereof, with interest from the time said draft was presented and ten per cent, damages, he having had at least ten days' notice of the motion; Provided^ That no sheriff shall be required to endorse any school order, nor shall suit be brought on any such school order , prior to the first day of November of the current school year. CXIII. Where error is discovered after a settlement has been made it may be corrected by proper legal proceedings. CXIV. See Code, chapter 41, section, 56, as to penalty for sherilT, who shall fail or refuse to pay any draft or order lawfully drawn upon him, under certain circumstances. CXV. Neither the board of education as a corporation, nor the members thereof individually, are liable to a sheriff who has paid out more in any year, on account of the teachers' fund, than has been levied and could have been collected by him during such year, together with the amount remaining in his hands from any previous year. — Alfred Caldwell, Attorney-General. CXVI. School orders shall be received at par value In payment of taxes, county and district levies, militia fines and officers' fees, etc. — See section 16, chapter 41, Code. CXVII. There is no law providing for the payment, by boards of education, of fees to county clerks for preparing abstracts of sheriffs' settlements as required by section 52 ; or certifying delinquent lists to boards of education, as required of him by this section, or for certi- fying the value of real estate to said boards as he is required to do by section 43. This work is a part of his duty as a county officer, for which he is paid a salary out of the county treasury by the county court. 47. The delinquent lists for district levies shall be re- 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-payment of school taxes thereon for the year :" 56 School Law of West Virginia c3 M rt is O tH OJ "— ♦ c3 M ^O c3 c3''3 a •d 0) Name of Person. 2 0) O §1 a > a jU M "•-* no o " , 1 2^ 03 go li 03 2 .5 '3 0) o< ^" H » ft p H pq cc 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 school taxes thereon for the year Name of Person. ^ ^i i O 03 0) d cl '6 t>> 2'S 3 (p <« > "3 3 n be c ^d ■3« -d o ^3 Q) QlS m p a ^^ EH H W oc 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 swear that the foregoing list is, I verily believe, correct and just; and that I have re- ceived 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 dili- gence to find property within my county liable to dis- tress for said taxes, but have found none." Property 48. The Said lists shall be returned to the county tion 'of ^®P°^^" court, before the first day of July in every year, and a list of real estate shall be examined, corrected and allowed by said court, and a copy thereof certified to the Auditor, and another copy to the assessor for future use in making out the next land book. The list of personal property shall also be examined, corrected and allowed by the court, and the amount thereof so allowed, together with School Law op West Virginia 57 the amount allowed of the list of real estate, shall be cer- tified by the clerk of said court, to the secretary of the board of education of the proper district. The original list shall be preserved by the clerk of said court in his office. CXyill. Secretaries should see to it tliat clerks of the county courts furnish them with these lists before the first Monday in July, as required by law. 49. The auditor shall include the school taxes on real Return of estate so returned delinquent, in his list to be furnished fands?^^^*^ the sheriff for sale for delinquent taxes. 50. There shall be a lien on all real estate for the dis-Lien on real trict levies assessed thereon, from the day fixed by law ^|vfe*s. ^^^ for the commencement of the assessment of taxes therein for each year, and interest upon such 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 paj'^ment. 51. A copy of the list of personal property, returned List of per- delinquent for the non-payment of district levies, shall, ty° returned"^' be placed by the clerk of the county court in the hands ^^'i'^'i'^^'^*- 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 collect such levies by distress or otherwise, at any time within two years after they are so placed in his hands. 53. Every sheriff or collector shall be allowed fivesherirs com- ber centum commissions on the collection of all district ^gt'j.°°|.°°axes. levies for free school purposes. In addition to the settle- ments required to be made with each board of a district, every sheriff or collector of school moneys shall also make annual settlements, by districts, with the county court of his county, at its next term after the first day of July of each year, showing the amount of all moneys receivied and disbursed by him for the preceding year for school and building purposes from State and from the district and independent school district funds, and the amount due to each district, which settlement shall be made a mat- ter of record by the clerk of said court, in a book to be kept for that purpose. 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 separate. If any sheriff or collector of school moneys shall fail penalty for to make the settlement required by this section at the {^ake^^settie- time required, without reasonable cause therefor, he shall ments. forfeit fifty 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 58 School Law of West Virginia Prosecuting Attorney shall take action. Members of board fined. the sheriff or collector shall moreover, be charged with twelve per cent, interest on all school moneys in his hands for the time he is in default in making the settlement re- quired in this section, which interest shall be charged up against him when the settlement shall be made. When the sheriff or collector shall fail to make this settlement 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 circuit court, to recover the fine imposed upon him by this section. Every sheriff or collector shall, moreover, be liable to any person injured in consequence of his failure to make the settlemnet herein required. This settlement shall extend back to the com- mencement of the term of office of such sheriff or col- lector. 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 dollars, for the benefit of the school fund. The clerk of the county court shall transmit an abstract of the settlement to the State Superintendent of Free Schools within ten days after the same has been made. And the retiring sheriff shall within sixty days after he shall have made his final settlement in the manner herein provided, pay and turn over to his successors in office such balances as may be shown due from him by said settlements upon such order as is prescribed by sec- tion forty-six of this chapter, and if he fail to do so, he shall be liable to the forfeit and penalty herein prescribed. Sec. 53. The county superintendent of free schools quanflcations sliall be a person of good moral character and of temper- and salary of. ate liabits, literary acquirements and skill and experience in the art of teaching. The county superintendent sliall receive for his ser- vices an annual compensation, as follows : In counties having not more than fifty schools, five hundred dollars; in counties having more than fifty and not more than seventy-five schools, five hundred and seventy-five dollars; in counties having more than seventy-five and not more than one hundred schools six hundred and fifty dollars, and in counties having more than one hundred and not more than one hundred and twenty-five schools, • seven hundred and twenty-five dollars, and in counties having more than one hundred and twenty-five schools he shall be allowed two dollars for each additional school more than one hundred and twenty-five. In addition thereto the county superintendent shall be allowed the same com- pensation for conducting examinations as is allowed his assistants; Provided^ that the salary in no case shall ex- County Super School Law of West Virginia ■ 59 ceed twelve hundred dollars; such eompensatioii shall be paid quarterly upon orders drawn by the county superin- tendent on the state superintendent of free schools, who shall upon receiving the same draw his warrant upon the auditor therefor, payable to the said county superintend- ent, or to such person as he may direct; but the payment of the fourth quarter shall not be made until the county superintendent has made the reports to the state superin- tendent of free schools required by section twenty-two of this chapter and for every day after the first day of Sep- tember before the receipt of these reports the state super- intendent shall deduct three dollars from the salary of the county superintendent, unless said reports are delayed by Forfeit for sheriffs' settlements or reports from secretaries of boards reports^ of education; the salary of the county superintendent shall be paid out of the general school fund, but the amount thereof shall be deducted by the auditor from the amount next to be distributed to each county. As a further means of improvement among teachers, to conduct the county superintendent shall arrange for and conduct ^^|g"^* ^°®*'" district institutes, or teachers' round table, one or more to be held in each district of his county within the school year, and at such time and place as is most convenient for the teachers. Boards of education shall allow the pay for teachers of their respective districts at least one <3ay's ^^^^g^^^^^^g^ pay in each school year for their actual attendance upon said district institute, such day to be counted as if spent in teaching, and as a part of the school term. The county superintendent shall certify to the secretary of each board of education the attendance of teachers of the different district institutes, and credit shall be allowed for the one day's attendance herein provided for, in the school month in which said institute is held; Provided, that no teacher shall be allowed such pay unless he has been regularly em- ployed by the trustees or board of education. The county superintendent shall, before entering upon Bond of the duties of his ofiice, execute a bond conditioned ac- |^°^g°*^gQ^'^P^'^' cording to law, before the county court of his county, or the clerk thereof in vacation, in the sum of one thousand dollars "with approved security, upon which bond he shall be liable in any court having jurisdiction, to any person or persons, or to any board of education for losses sus- tained by reason of his neglect, or non-performance of his duties imposed by this chapter ; said bond shall be filed in the office of the clerk of the county court, who shall within five days, certify to the state superintendent of schools the name of said county superintendent and his post office address ; Provided, that the county superintendents here- tofore elected shall continue in office until their successors shall have been elected and qualified under this chapter. 60 School Law of West Virginia Vacancies, A vacancj in the office of county superintendent shall °^ ^ ■ be filled for the unexpired term by the presidents of the boards of education in the county, at a meeting to be called for that purpose by the clerk of the county court at the court house of the county wdthin thirty days after the vacancy occurs. A majority of said presidents shall be necessary to constitute a quorum at such meeting. CXIX. County superintendents must make their reports to the State Superintendent full and complete before making requisition for last quarter's salary; and the State SHiperintendent must see to it that said report is full and accurate before issuing his requisition upon the Auditor for said last quarter's salary of county superintendent. CXX. I am of the opinion that there are as many schools as there are teachers, doing separate and distinct work in separate and distinct apartments. — Romeo H. Freer, Attorney General. CXXI. The offices of county superintendent and of notary public are not incompatible. CXXII. The county superintendent should not pay the secretaries until he has examined their books and found them correct. If he does this he violates the plain provision of law as set forth in section 8 of this chapter. CXXIII. The salary of the county superintendent depends on or is regulated by the number of schools, and I have no doubt that if the number of schools increase so as to increase his salary during his term of office lie is entitled to such increased salary. — T. 8. Riley, AttorHey- • General. CXXIV. Teachers cannot claim pay for attendance at district in- stitutes held on Saturda.y for that is not a legal school day. It would also increase their salaries without warrant of law. — Romeo H. Freer, Attorney General. County su- 54. The county superintendent shall visit each school fo^ vfs^it°*^'^°* within his county, at least once in each school year, at schools. such time as he may deem necessary and proper, and note the course and method of instruction and the branches taught and give such directions in the art of teaching, and the method thereof in each school, as to him shall seem necessary or expedient, so that the uni- formity in the course of studies and methods of instruc- tion employed shall be secured, as far as practicable, in the schools of the several grades, respectively. 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 fixtures, and shall make such suggestions to the sev- eral boards of education and trustees as in his opinion shall seem conducive to the comfort and progress of the scholars in the several schools. School Law of West Virginia 61 55. It shall be the duty of the county superintendent County and to aid the teachers in all proper efforts to improve them- "utes! selves in their profession. For this purpose, he shall en- courage the formation of county institutes for mutual improvement; shall attend the meetings of said institutes whenever practicable, and give such advice and instruc- tion, in regard to their conduct and management, as in his judgment will contribute to their greater efficiency. In connection with superintendents of the adjoining counties each county superintendent shall encourage the formation of union institutes; shall attend and participate in the exercise of the same, as far as practicable; and shall use all proper means to improve the efficiency of the teachers and to elevate their profession. He shall at all times conform to the instructions of the State Superintendent of Free Schools, as to the mat- ters within the jurisdiction of the said Superintendent, and shall serve as the organ of communication between him and the several district boards of education. He shall distribute from his office all blanks, circulars, copies of school laws and other communications from the State Superintendent to the several boards and persons entitled to receive the same. 56. In addition to the reports mentioned in the twenty- ^up°i.'^tend- second section, it shall be the duy of the county superin- ent's re- tendent to make out and transmit to the State Superin- ^°'"*' tendent of Free Schools a detailed report of the condi- tion and character of the schools within his county, not- ing all deficiencies and suggesting their remedies, with such remarks upon the operations of the school laws as his experience and observation may suggest, pointing out wherein he considers them deficient. He shall also report such districts as have failed to make returns of the enu- meration of youth as required in the nineteenth section of this chapter; and also those districts that have failed to make the levy required in section forty. It shall be the duty of the county superintendent to make in a well bound book to be kept for the purpose, a record of all his pro- ceedings; of all certificates issued by the board of ex- aminers, and of all reports made by him, v\^hich book shall be the property of the office; and all outgoing county superintendents shall make the report required for each year of their service. CXXV. The law as laid down in section 56, Is explicit In requiring a written report of the condition of the schools and school work over which they have supervision. Blank pages are found in the county superintendent's "annual report" and the same should be properly filled. 57. No school officer, or teacher of any free school, ^j^^^^'^'^^^'^g^jlg^ shall act as agent for any author, publisher, bookseller, or not to act as other person, to introduce or recommend the use of any^^^°*^' 62 School Law of West Virginia book, apparatus, furniture, or other article whatever, in the free schools of this State, or any one or more of them, or directly or indirectly contract for or receive any gift or reward for so introducing or recommending the same; nor shall such person be otherwise interested in the sale, proceeds or profits of any book or other thing used, or to be used in said schools ; Provided, That nothing herein shall be construed to apply to any book written, or thing invented by such person, or to merchants who, in connec- tion with their business, may desire to sell school books or other things used in schools. Provided, further. That the same are embraced in the prescribed series. CXXVI. It is not a violation of law for the teacher to order for the pupils of his school, they furnishing the money, the lawful con- tract school books they need, at the contract price, either by mail or express. The teacher would violate the law, however, if he took any profit, or in any sense became an agent or dealer in school books. School book I. There is hereby established in every county of this State a school book board, to be composed of the county superintendent of the county, who shall be a member and the secretary of the board and eight other reputable citizens and taxpayers of the county. At least four of the eight shall be freeholders and not school teachers,, and at least three shall be persons actively engaged as teachers in the schools of the county, and shall hold a teacher's number one certificate or its equivalent. Not more than five of said eight shall belong to the same political party. The said eight persons shall be appointed How ap- jjy the county court. The term of office of each of said term ^of 'office, members shall be four years and until their successors are appointed, beginning on the first day of July next after their appointment. Said appointment shall be made on or before the fifteenth day of June, one thousand eight hundred and ninety-seven, and in every fourth year there- after on or before the fifteenth day of July, and the term of office of those appointed after the first appointment (except appointments to fill vacancies) shall begin on the first day of August next after their appointment, and continue four year and until their successors are ap- pointed. They shall receive as compensation for their services the sum of two dollars per day for each day they shall be in session as a board, and shall not receive pay for more than two days in any one year, which compensation shall be paid out of the county treasury. Vacancies in said board shall be filled for the unexpired term in the same manner as the original appointment was made. Five members shall constitute a quorum, but a smaller num- ber may adjourn from day to day until a quorum appears. Every person so appointed shall, before entering upon his duties, take an oath that he will support the Constitution of the United States and the Constitution of West Vir- When appointed Compensa tion. Vacancies. Quorum. School Law of West Virginia 63 ginia, and that he will faithfully discharge the duties of his office. A certificate of every such oath shall be filed with and preserved by the clerk of the county court, II. The secretary shall keep a record, in a book pro- secretary, vided for the purpose, of the transactions of every meet- ing of the board, and shall record the names of the mem- bers voting for and against every proposition to adopt any text-book; which record shall be open to the inspec- ' tion of any citizen of the county. III. Immediately after the appointment of said board, in the year one thousand eight hundred and ninety-seven, it shall be the duty of the county superintendent to com- municate with the publishers of text books, inviting the submission by such publishers of samples and prices of their books. When such samples and prices have been obtained, it shall be the duty of said board to meet at the county seat on or before the first Monday of August, one First meeting, thousand eight hundred and ninety-seven, on the call of the county superintendent, and organize by choosing one of their number president. Said board shall then pro- ceed to select and adopt one text book, or a series of text- books, on each subject required to be taught in the free schools of the State, and not provided for by contract under chapter thirty-seven of the Acts of one thousand eight hundred and ninety-five, for a term of five years, due reference being had to the character of the books and the terms offered. It shall require the affirmative votes of five members of the board to adopt such book, or series of books, at said first meeting. IV. In making selection of text-books, at any time, it detail price, shall be the duty of said board to procure the best possi- ^^• ble terms for exchange and introduction and for the regular supply of the books for a term of five years, and they are hereby empowered to fix the retail price at which such adopted books shall be sold after the exchange and introduction have been effected, but such perman'ent re- tail price shall not exceed twenty-five per cent, advance on the net contract price. V. Said board shall, upon making an adoption of any secretary to text-books, decide upon the date when such adoption shall report. go into effect. The secretary shall send to the State Su- perintendent of Free Schools, and to all the boards of education in the county, notice of the names of the books adopted, the prices fixed therefor, and the date fixed for their introduction and use in the schools of the county. VI. At least six months before the expiration of the ^ ^^j^ u . contract made under provisions of chapter thirty-seven fore expira- of the Acts of one thousand eight hundred and ninety- co*'°tr'act. five, it shall be the duty of the State Superintendent to notify the county superintendent of every county of the 64 School Law of West "Virginia date of the expiration of such contracts and the name of the text-books thereby affected; and it shall be the duty of said board to meet upon the call of the county superintendent, at least three months before the expira- tion of any such contract, and adopt one text-book, or a series of text-books, on each subject contracted for under said chapter thirty-seven of the Acts of one thou- sand eight hundred and ninety-five, for a term of five County Su- years. On the call of the county superintendent, the to^'cair ^° board shall meet in regular session at least three months meeting. before the expiration of any contract made under the provisions of this act, and select the necessary books to be used for the succeeding term of five years. If any publisher shall fail or refuse to furnish any book con- tracted for under the provisions of this act, it shall be the duty of the said board, on the call of the county superin- tendent, to meet and select books to be used instead of Refusal of those which said publishers have failed or refused to furn- earry out ish. But no books shall thereafter be adopted of a publish- contract. gj, ^^,^10 shall liavc failed or refused to fulfill his contract with any board in the State, and the name of any such publisher shall be furnisheed by the secretary of said board to the State Superintendent of Free Schools, and the State Superintendent shall communicate the same to every county superintendent. Present con- VII. ISTo text-book or scrics of text-books, on any one remain*^in subject now contracted for under said chapter thirty-seven force. of the Acts of one thousand eight hundred and ninety-five, or that shall be contracted for under the provisions of this act, shall be changed for another or different book or se- ries of books except by the affirmative votes of five mem- bers of the board: Provided, That no change in the text-books contracted for under the provisions of said chapter thirty-seven of the acts of one thousand eight hun- dred and ninety-five shall be made until the expiration of than™n^^ such contracts, unless for failure of the contractor. And book not more than one book or one series of books on one sub- except!"^' ^^^^> s^^^^l ^6 changed in any one year, except by the affirm- ative votes of six members, and except as provided in sec- tion three : Provided. That in case of failure of a pub- lisher to comply with his contract, the board may; by the affirmative vote of five members, adopt other books in place of those contracted for. Who may sell VIII. After the adoption of any text-books the board books. shall contract with the publishers proposing the same, to supply said books in sufficient quantities, for a term of five years, beginning on a date to be stated in the contract, to every board of education, depositary, agent of said school book board or of said board of education, or to any dealer or other person of the county, at the prices named in this School. Law op West Virginia 65 •contract, and free on board the cars at the place of publi- cation or other place C which place shall be named in such contract) ; and that said books shall be equal in binding, typography, and in all other respects to the samples fur- nished; and that no changes shall be made in said book during the life of the contract. In such contract shall be stated the accurate title of every book therein contracted for, the name of the author and of the publisher thereof, and the agreed price or prices thereof. Forms of such Form of con- contract shall be prepared by the State Superintendent of ^^"'^^' Free Schools and furnished to each county superintendent. Every dealer or publisher entering into such contract, ■shall furnish to the county superintendent a sample copy of each book contracted for, and the county superintendent shall attach to ecch of said books a label bearing thereon: "Sample copy contracted for with on the day of 189.. , County Superintendent." IX. Every publisher entering into contract with any Bond of board under the provisions of this act, shall, within thirty Publisher, days'thereafter, give a bond, in the penalty of ten thousand ■dollars, to be approved by the Governor and deposited with the State Superintendent of Free Schools, conditioned for the faithful performance of every such contract made by such publisher theretofore or thereafter with any such board. X. Xo member of said board shall serve, directly or in- No school ■directly, as the agent for any publisher in school books a? agent. ^^ competing for adoption under the provisions of this act, ■or be personally interested in any school book, and no teacher nor school officer shall act as agent for any school l)ook. XI. At the first meeting after the thirtieth day of Depositaries. June, onie thousand eight hundred and ninety-seven, the board of education of any district in this State may (at their option) appoint one or more depositaries in each dis- trict, and when practicable one or more depositaries at or near each postoffice, who shall keep at all times a suffi- cient supply of text-books to supply the free schools of the neighborhood. Each depositary shall execute a bond in Bond of the penalty of double the value of the books which he will depositary, probably have on hand at any time, but in no event of a less penalty than one hundred dollars ; which bond shall be . -approved by the board of education and filed with the sec- retary thereof. The board of education may discharge any depositary at any time, and require him to deliver the Ibooks in his possession to such person as the board may name, and require the depositary to settle his accounts and pay over to the sheriff any balance in his hands on or before a date named by the board. 66 School Law of West Virginia Depositary to keep books. Invoices of books. Payment to the sheriff. Depositary's commission. XII. Each depositary shall, on or before the first day of September in each year, unless the board of educa- tion shall name an earlier date, make out a list of the text-books, in sufficient quantity in his judgment to supply the schools in his neigborhood for a period of six months, and from time to time thereafter each depositary shall make out additional lists of such books, so that he may at all times have a sufficient supply on hand; such lists^ when approved by the board of education, or the president thereof, shall be signed by him and the secretary thereof,, and by the secretary forwarded to the address of the pub- lishers of the books therein named. XIII. It shall be the duty of said publishers promptly to forward the books therein named to such depositary, and to make out two invoices or bills therefor, one of which shall be forwarded to the depositary and the other to the secretary of the board of education. The board of education shall supply the secretary with a proper book in which to keep the acounts of all the deposi- taries in the district. On the receipt of each invoice the secretary shall charge the amount thereof against the depositary receiving the books therein named, in said account book, and file or preserve the invoice or bilL If there be any error in such invoice or bill, the depos- itary receiving the same shall promptly notify the pub- lisher making the same; and if such publisher fail to- correct such error within twenty days thereafter, such depositary shall notify the secretary of the board of education thereof, and the board of education shall in- vestigate the same and take such action therein as may be proper and just. Each depositary shall pay to the sheriff of the county, at the end of each thirty days, or oftener if required, and whenever required by the board of educa- tion, the amount received by him from the sale of such text-books since his last previous , payment, less his com- mission (to be fixed by the board of education and not to exceed fifteen per cent, on the amount of sales), and. the amount paid by him for transportation chargss on such books; provided. That each statement of charges- to the sheriff shall be accompanied by all the transporta- tion bills paid by said depositary. The sheriff shall dupli- cate receipts therefor to such depositary, wherein shall be stated the total amount of such sales and the amount paid by such depositary to the sheriff, one of which receipts shall be filed by such depositary with the secretary of the board of education, and upon receiving the same said sec- retary shall credit the account of said depositary with the amount appearing thereby to have been so paid by him to the sheriff and the amount paid for transportation charges, and the amount of said commission by separate- School Law of West Virginia 67 items, and said secretary shall charge against the account of the sheriff, which he is hereby required to keep, the amount paid by such depositary to such sheriff, to be ac- counted for by the sheriff in his annual settlement with the board of education. The amounts received from the sales of such books shall be credited to the building fund of the district. XIV. The board of education of each district shall Board of be liable in its corporate capacity for the whole amount fi^b^|.*^°° of all such text-books furnished to the depositaries in the manner hereinbefore prescribed, and shall within sixty days from the date of any invoice or bill of text-books supplied by the publishers thereof to any depositary in the district in the manner prescribed in the preceding section, cause an order to be issued in favor of such publisher, payable out of the building fund of the dis- trict, and cause such order to be forwarded by rnail to such publishers. On presentation of such order to him the sheriff shall pay the amount thereof to the party entitled to receive the same, if there be in his hands suf- ficient funds due the building fund of said district; but if the sheriff have not sufficient of such funds to pay the same, ,he shall endorse on. the back thereof the words "Presented for payment," with the date of such presenta- tion and said order shall draw interest from that date. If the Sheriff shall fail or refuse to pay such order when he has funds in his hands, or should by law have the same, with which to do so, he shall be liable as pro- vided in section forty-six of chapter forty-five of the Code. XV. The board of education shall pay the cost of such Books paid books and the amount of charges for transportation outbundtog°^ of the building fund of the district, and shall lay an fund- annual levy for the same upon the taxable property of the district in the manner and at the time that other levies are laid for said fund, and if at any time any scholar or scholars should remove from the county into another county in which a different book, or series of books, or different books have been adopted, the board of education of any district are authorized to purchase from such scholar or scholars with money from the build- ing fund and at a fair valuation, such book or books or series of books as may not be adopted in the county to which they may remove: Provided, That the provisions of this section shall not apply to districts in which no depositary shall be appointed. XVI. The board of education may remove any deposi- Board may tary in his district at any time, and appoint another in^^move his stead; may require him to execute a new bond, or additional bond, whenever in their opinion they shall deem it necessary, and may cause to be made at any time 6S School Law of West Virginia Books in exchange. Teacher liable. an invoice of the text-books in the possession of any such depositary. It shall be the duty of every depositary whenever the board of education shall order, to turn over to his successor or such other person as the said board may name, all text-books in his possession. XVII. Every depositary shall receive from any resi- dent of his district copies of the books that may at any time be superseded by adoption of other books in their stead, at the contracted exchange allowance of such super- seded books, to be applied on payment of adopted books. Each depositary shall turn over such superseded books to the board of education at such times as the board may direct, and shall receive credit on his account for the value thereof. Such superseded books shall be held by the board of education subject to the orders of the publishers thereof, for a period of not longer than three months. XVIII. If any teacher in a primary or graded school of the free school system of this State use, or cause to be used in such primary or graded school, any text-books not authorized in place of an authorized book, then the county superintendent shall apply to the board of edu- cation for an order signed by said board, directed to such teacher, requiring the use of such unauthorized text- book to be discontinued; and if any teacher shall disobey any such order issued by said board of education, such teacher shall forfeit the sum of ten dollars for each such offense, and it shall be the duty of the board of education of the district Avhere said teacher is employed to retain that amount out of the salary of said teacher, which amount so forfeited shall be paid into the teachers' fund of such district. Misdemeanor. XIX. Any publisher, school officer, depositary, dealer, i;eacher or other person, violating the provisions of this act, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined for each offense not less than five nor more than fifty dollars. Acts repealed. XX. Nothing contained in this act shall be construed as changing or modifying the contracts heretofore made with publishers of text-books under authority of chap- ter thirty-seven of the Acts of one thousand eight hun- dred and ninety-five; and all acts, or parts of acts, com- ing within the purview of this act and inconsistent there- with, are hereby repealed. 58. Note — This section was repealed by acts 1895, C. 37. (58a Passed Feb. 27, 1903.) I. The boards of education throughout the State may, out of the building funds of their district, purchase the necessary prescribed text-books to be used by the pupils of the several schools therein under their control. Free text books. School Law of West Virginia 69 II. In any district where the board of education de- Books. to be termines to purchase and furnish to the pupils of their ta?y 0/ b^oard! schools such free text books, they shall enter an order upon their records to that effect and shall cause said books to be kept' in charge by the secretary of such board and furnished to the school children of their district as hereinafter provided. III. At the commencement of every term of school in Secretary to such district the secretary shall deliver to the teachers of to teachers, the several schools of the district such books as may be necessary for the use of the several pupils therein for the ensuing term of school and take from them a l-eceipt show- ing the number and kind of books so received. It shall be the duty of such teachers to take charge of such books and to distribute the same among the several pupils of their schools as they may from time to time need the same, and said teachers shall have and exercise general control Teachers to of said books during such term and at the close thereof l^ai" on tro?" shall collect and gather together all the books so used '^^'i-fn'^^t'^rm during the term and deliver the same to the secretary of the board of education. Provided that if any of the books so delivered to any pupils of such district shall be un- rupiis to re- hecessarily injured or destroyed, the same shall be re- unnecessarily placed by the pupils who so injured or destroyed them. destroyed. IV. All such books shall be purchased by the board of education directly from the publishers contracted with as prescribed by law and at the net contract price, Pro- vided, That such text books as are now in the possession of pupils shall be used by them so long as they are suit- able for such use. V. The secretary for his services in this matter shall Secretary's receive a compensation in addition to his salary as such tfon"'^^^^' secretary a sum not exceeding fifty dollars ($50.00) per year. CXXVII. * * * Without considering the matter any further, I state it as my opinion, briefly, that under provisions of said section 1653 of the Code, 1906, when a school boolj board has, during one year, by a vote of five or more of its members, changed one text book or series of text-books on any one subject, it cannot after that, during the year, change another book or series unless six members of the board vote therefor. — Clarke W. May, Attorney-General. 59. If any officer or teacher, fail to perforin any duty Fines for required of him by this chapter, or violate any provis- ^ ° ^ '°°*' ion thereof, and there is no other fine or punishment imposed therefor, by law, he shall be fined not less th-an three, nor more than ten dollars, for every such offense, to be recovered before a justice of the peace of the county; and such fine shall not impair or affect his liability for damages to any person injured, nor the liability of himself and sureties on his official bond. If the board of educa- tion of any district or independent school district, fail to perform any duty required by this act, each member of 70 School Law of West Virginia state school tax. General School Fund. When distributed. Duties of Auditor and State Super- intendent in distributing State school fund. such board shall be liable to the full penalty imposed by this section, unless he show that he was not guilty of any neglect or default in the premises. 60. There shall be levied state taxes on property as . provided in slection fifty-one of chapter thirty-two of the code, and the proceeds of such levy, together with two- sevenths of the license privilege and franchise taxes col- lected by the state after April first, 1905, shall constitute a fund for the support of free schools.* If such taxes on property and said two-sevenths shall not be equal to the proceeds of the state tax for free schools collected for 1904, then so much more out of the State treasury as may be necessary to make up an amount equal to the proceeds of said State school tax for 1904, and such amount neces- sary is hereby appropriated annually, and together with the interest of the invested school fund, the net proceeds of all forfeitures, confiscations and fines which accrued to the State during the previous year, the proceeds of the an- nual capitation tax, dividends on bank stock held by the board of the school fund, and the interest accruing on stock invested in United State's bonds, shall be set apart as a sep- arate fund to be called "the general school fund,^^ and shall be annually applied to the support of free schools through- out the State, and to no other purpose whatever. It shall be distributed to the several counties in the State in pro- portion to the number of youth therein, accordi^ig to the latest enumeration made for school purposes; but the Auditor shall first deduct therefrom the aggregate salary of the State Superintendent of Free Schools, and the nec- essary traveling and contingent expenses of his office, to- gether with such other. sums as may be required to be paid by him out of the general school fund. Fifty per cent, of this distributable sum shall be paid on' the fifteenth day of September, and the remainder on the fifteenth day of December, of each year, 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 tenth day of June, in each year, to ascertain the amount which is distributable among the several counties as aforesaid, and notify the State Superintendent of Free Schools thereof, who shall thereupon ascertain the proper share of each county and notify the Auditor and each county superintendent, also, the amount deducted 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 * This provision was materially changed by the revenue measure passed by the Legislature, session 1907 (see Acts 1907, Chap. 82, p. 418.) School Law of West Virginia 71 distribution of the same among the several districts thereof. Upon receiving such notice, the county superintendent county Su- shall ascertain the proper share of each district, and inde- fo^ppTi^ion pendent school district, of his county, according to the among number of youths therein, and give notice to the board ■of education of each district, and independent school dis- trict, in the county, of the amount of the general school fund due each, respectively, and that the same cannot be drawn by them until they have made the levy required by the fortieth section of this chapter. 62. Upon being officially notified by the secretary of the board of education, in the manner provided for in the forty-fourth section of this chapter, that the board of education has authorized the levy for school purposes, the county superintendent shall issue his requisition on on^Audito?. 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, which shall be paid in two equal installments, payable on the fifteenth days of Sep- tember and December, respectively; whereupon the Au- ditor shall issue his warrant upon the Treasurer in favor of the sheriff for the amount of such requisition, indi- cating in writing upon said warranf the depository upon which the same shall be drawn; and the Treasurer shall thereupon 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 form or in substance as follows : ''Office of the County Superintendent of Free porm of Schools. requisition. County of , the day of , 19 — . ^'Auditor of West Virginia: ' ' Pay to the order of , sheriff of oount}^, dollars, the amount of State school fund apportioned to the district (or independent school district) of , in said county for the year 19 — . And I hereby certify that said district (or independ- ■ent school district), has made the levy required by law, for school purposes, and that said sheriff has given the bond required by law. '■ — , County Superintendent of Schools." CXXVIII. Sections 42 and 61 prohibit any district or independent school district from receiving its proportion of the State school fund, until it has laid the local levy required by section 40. County super- intendents should inform the Auditor if a district votes down the levy that he may act in compliance with section 42. 63. There shall be elected a State Superintendent of Tree Schools for the State, whose term of office shall be g^^^^^ g^p^^. the same as that of the Governor. He shall be a person intendent. of good moral character, of temperate habits, of literary 72 School Law of West Virginia state Super- intendent. Duties of ^tate Super- jatendent. Duties of State Super- intendent. acquirements, and skill and experience in the art of teaching. He shall receive annually the sum of one thou- sand fivte hundred dollars in payment for his services*, ta be paid monthly out of the school fund upon the warrant of the Auditor. If in the performance of any duty im- posed upon him by the Legislature, he shall incur any expenses, he shall be reimbursed therefor. Provided, The amount does not exceed five hundred dollars in any one- year. 64. The State Superintendent shall reside and keep his office at the seat of government. He shall provide a seal for 'his office, and copies of his acts and decisions, and of papers kept in his office, authenticated by hi& signature and official seal shall be evidence equally with the original. He shall sign all requisitions on the Audi- tor for payment of money out of the State treasury for school purposes, except as hereinafter provided. 65. The State Superintendent shall be charged with the supervision of all county superintendents and free schools of the State, and see that the school system is carried into effect. He shall prepare and transmit to the county superintendents instructions how to conduct the elections prescribed in this chapter, to keep and trans- mit the official records and ballots thereof, and the man- ner of ascertaining and announcing the results, so_ as to conform the same to the provisions of this chapter, and also to such provisions of the general election laws of the State as may not be inconsistent therewith; he shall pre- scribe and cause to be prepared all forms and blanks nec- essary in the details of the system, so as to secure its uni- form operation throughout the State, and shall cause the same to be forwarded to the several county superintend- ents, to be by them distributed to the persons entitled to the same. He shall cause as many copies of this chapter and other school laws in force with such forms, regula- tions 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 superintendents, to be by them distributed to the persons entitled to receive them. 66. It shall be the duty of the State Superintendent to aim at perfecting the system of free schools as estab- lished in the State; and for this purpose it shall be his duty to correspond with educators and school officers abroad, to acquaint himself with the various systems of free schools established in other states and countries, collate the results as exhibited in the reports of their sev- eral superintendents, and to use all efforts necessary to enable him to render available the combined results of the *The salary of the State Superintendent is now three thousand dollars — see acts 1903, chap. 23. School Law of West Virginia 73 experience of other communities with his own experience and observation. He shall acquaint himself intimately with the peculiar educational wants of each section of the State, and shall take all proper means to supply them, so that the schools shall be as nearly as possible equal and uniform in grade throughout the State. He shall acquaint himself with the different systems and methods of instruction- which may be introduced among educators, and shall explain and rec- ommend such as experience and sound principles of edu- cation may have demonstrated to be valuable ; and it shall be his duty to endeavor to render available to the people of this State all such improvements in the system of free schools and the methods of instruction, as may have been tested and proven by the experience of other communities. 67. He "shall, on or before the first day of January, Report' of of each year, make a report to the Governor, to be by ,^*fjnaent'^'"' him transmitted to the next regular session of the Leg- islature, in regard to the condition of free schools within the State, embracing all statistics compiled from the re- ports of the county superintendents, and such other au- thentic information as he can procure, which will be necessary to give a proper exhibit of the working of the 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 perfect organization and efficiency of free schools; and, likewise, all such matters in relation to his office and to free schools, as he may deem expedient to communicate. 68. The Auditor shall annually, before the first day Auditor to of Septeniber, deliver to the Governor and the State Su- [f^^ '"of^°°*^'' perintendent of Free Schools, each, a report made up to school fund, the first day of July next preceding, of the condition of "the school fund," with an abstract of the accounts there- of in his office, which report the Governor shall lay before the legislature at its next regular session. CXXIX. Chapter 29, section 67, Code, requires the Auditor to certify to each county superintendent the amount of railroad levies, due to each district and independent district. See said section. 69. The Governor, State Superintendent of Free Board of Schools, Auditor and Treasurer, shall be a corporation, school fund. under the name of "the board of the school fund," and shall have the management, control and investment of said fund, under the fourth section of the twelfth arti- cle of the constitution. The Governor shall be president of the board, and in his absence the board may choose one of their number to preside temporarily in his place. The Auditor shall be the secretary of the board. A faithful record shall be kept of all the proceedings, and a copy thereof, certified by the secretary of the board, shall 74 School Law of West Virginia Meetings. Moneys recaverable. Board may appoint agents. Permanent school fund ; how invested Certain stoclis trans- ferred to school fund. be evidence in all cases in which the original would be. A majority of the board shall constitute a quorum for the transaction of business. 70. A meeting of the board may be held at any time^ upon the call of any member thereof, provided notice be given to all 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 and secretary of the meeting for that day, and shall be open to inspection at all times. 71. All the money which ought to be paid into the treasury to the credit of ''the -school fund" shall be re- . coverable with interest by action or motion in the nanije of said board, before any court having jurisdiction, and the Attorney-General shall institute and prosecute such action or motion when so directed by the board. 72. The board may appoint agents for the collection of debts or claims, and- authorize them to secure pay- ment thereof, and to protect the interests of the school fund, on such terms as it may approve. They shall take bond from said agent, if any money is to come into his hands; and any agent selling lands, when directed to do so by the board, shall execute a deed, (with the resolution giving such directions thereto annexed), conveying to the purchaser by special warranty. Said agent may be al- lowed by the board a compensation not exceeding, in any case, five per cent, on the money paid into the treasury. 73. All such sums as have accrued or shall hereafter r.ccrue to this State, from the several sources enumerated in the fourth section of the twelfth article of the Consti- tution, 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 ac- crued or may hereafter accrue, and to pass the same to the credit of the said school fund; and it shall be the duty of the board of the school fund, from time to time, to invest the same in the interest bearing 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 the said board to sell any investments on account of the school fund now made in other securities, than those required in said fourth sec- tion 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 pro- vided in the Constitution aforesaid. 73a. I. All stock owned by the State of West Vir- ginia, standing in the name of the Commonwealth of Virginia, the State Internal Improvement Fund, or the Board of the Literary Fund, or in any other name, in School Law of West Virginia 75 the iSTational Bank of West Virginia, at Wheeling, the Parkersburg National Bank, the First National Bank of Wellsburg, the First National Bank of Fairmont, the National Exchange Bank of Weston, and all the interest owned by the State, standing in the name of the Com- monweafth of Virginia, or in the name of either of said funds, or in the name of the State of West Virginia, or in any other name, in the North Western Bank of Vir- ginia and its branches, and in the branches of the Ex- change Bank of Virginia at Weston; and all dividends and accrued interest on all such stock, is hereby trans- ferred to and shall henceforth be held and treated as a part of the school fund of the State, subject to the con- trol of the board of the school fund; and the annual in- terest or profits thereof (but no part of the principal), shall be passed to and become a part of the fund for annual distribution among the several counties of the State.* 74. The Auditor shall be the accountant of the board, b^^^JJcouSt^" exercising any of their powers, except that he shall not, ant- without special authority, entered upon the records of their proceedings, dispose of any property or invest any money of the school fund. He shall place the securities in which said school fiind 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 the treasury upon the warrant of the Auditor. But no warrant for paying out such money shall be issued without the authority of the board. 75. Nothing in this chapter shall alter or affect the wheeling. laws now in force respecting the free schools in the city of Wheeling, and the parts of districts connected there- with ; nor shall anything in this chapter be construed as abolishing any independent school district heretofore cre- ated, 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 privilege may be inconsistent with the provisions of this chapter in which independent school districts are espe- cially included. In the independent school district of Wheeling 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. CXXX. Independent school districts are tliose created by special act of the Legislature and are governed by the laws laid down in the acts creating them. On points where these acts are silent the general law applies. WEST VIRGINIA UNIVERSITY. 76. "The Agricultural College of West ' Virginia," Agricultural located and established at Morgantown, in the county of west^vir- ginia. ♦The School Fund is now limited to one million dollars — see con- stitutional amendment, page 8 76 School Law of West Virginia Monongalia, in pursuance of the act passed February seventh, one thousand eight hundred and sixty-seven^ entitled "An act for the regulation of the West Vir- ginia Agricultural College/' shall be and remain as so established and located; and all the provisions of said act, except so far as the same may be altered by this chapter, shall remain in full force and effect to the same extent as if this chapter as amended had not been passed. SfivlStf!'''^ "^^^ "^'^^^ ^''^™® °^' ^^^^ college shall hereafter be ''The AVest Virginia University," by which name it shall have and hold all the property, funds, investments, rights, powers and privileges, now had and held under the name prescribed in the above recited act. ^gents*'^ 78. For the government and control of said university there shall be a board of regents consisting of nine per- sons, to be called ''The regents of the West Virginia University." As such board they may sue and be sued, and have a common seal. The said board shall have the custody and control of the property and funds of said universit}^, except as otherwise provided by law. They shall have the power to accept from any person or persons any gift, grant or devise of money, land or other prop- erty intended for th"e use of the university, and shall^ by such acceptance, be trustees of the funds and property which may come into the possession or under the control of said board by such gift, grant or devise, and shall invest and hold such funds and property, and apply the proceeds and property in such manner as the donor may prescribe by the terms of his gift, grant or devise. A majority of said regents shall constitute a quorum for the transaction of business, except that for making arrange- ments for the erection of buildings or the permanent alteration thereof, or the appointment to, or removal from office of professors, or fixing their compensation or chang- ing any rule or regulations adopted by a majority of the board, in which case all of the regents shall be notified in writing by the secretary of the board, of the meeting place and object of the meeting proposed to be held for any of the purposes excepted in this section; and the confer- ence of a majority of the regents shall be required. Said board of regents shall consist of nine members who shall be residents and voters of the State. The governor shall, on or before the fifteenth day of March, in the year nine- teen hundred and one, or as soon thereafter as convenient, appoint said nine regents, who shall be divided into two- classes, consisting of four and five regents respectively. The term of office of both classes shall begin on the first day of May, nineteen hundred and one; and the term of office of the first class shall continue for two years and until their successors are appointed and qualified, and the School Law op West Virginia 77 teivin of the second class shall continue for four years and linril their successors are appointed and qualified; and thereafter the term of office of each class shall be for four years and until their successors are appointed and qualified. Any person appointed a regent during the recess of the Senate shall serve as such until the next meeting of the Senate. The governor may by appoint- ment iill any vacancy occurring in the board for the un- expired term. Not more than six of said regents shall be- long to the same political party,' and not more than one shall be appointed from the same senatorial district or bounty. Tlui term of office of the regents now in office shall expire on the thirtieth day of April, nineteen hun- dred and one. 79. The board of regents shall from time to time es- Courses of tablish such departments of education in literature, sci- ^ " ^" •ence;, art, agriculture and military tactics as they may ■deem expedient, and as the funds under their control may warrant, and purchase such materials, implements and apparatus, as may be requisite to proper instruction in all said branches of learning, so as to carry out the spirit of the act of Congress aforesaid, approved July second, one thousand eight hundred and sixty-two. 80. The said board shall establish and declare such Rules and 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 of students and good government of said University and the protection of public property belonging thereto. They Officers of the shall appoint a superintendent of buildings and grounds, "'^^^^^ ^' s. secretary for the faculty, and a secretary for said board and also a treasurer, who shall be members of the faculty of the University, and the person so appointed shall re- ceive such compensation as the board may determine, not, however, to exceed three hundred dollars per year. From said treasurer, they shall take a bond with ample secu- rity, conditioned according to law, for the faithful keep- ing and disposing of such money as is herein, or may be hereafter appropriated, and such other money as may be allowed by said board to come into his hands from time to time; they shall also settle with him annually or oftener if they think best; inspect annually all the prop- erty belonging to said University and make a full report of the condition, income, expenditures and management of said University, annually, to the Governor; to be by him laid before the Legislature. 81. The board shall have power to create a prepara- Preparatory tory department to said University, and establish any ^®^^^*™^°*" other professorships than those indicated heretofore, if the same be deemed essential; to fix the salaries of the several professors, and to remove them for good cause. 78 School Law of West Virginia Cadets ; appointment of. Cadets have free books, etc. but in case of removal the concurrence of a majority of the regents shall be required, and the reasons for a re- moval shall be communicated in a written statement to the Governor. 82. Besides prescribing the general terms upon which students may be admitted, and the course of instruction, the regents are still further empowered to admit as regu- lar students of the University, not more than two hun- dred and twenty-five cadets in the military department. Each member of the Senate shall be entitled to appoint one cadet from his district, on or before the first day of June in the second year of his term, and one cadet on or before the first day of June in the fourth year of his term. Each member of the House of Delegates shall be entitled to appoint one cadet from his county on or before the first day of June next preceding the end of his term. In case a cadetship filled by appointment by any member of the Legislature shall become vacant, the member mak- ing the appointment, or his successor, shall fill the same by a new appointment within the limits of time afore- said. But no Senator or Delegate shall appoint any cadet until he receives a certificate from the President of the University, or the commandant of cadets, giving him no- tice of his right to do so; and he shall not have the right to exercise such power of appointment as long as two cadets are accredited to himself and his predecessor, either by original appointment or by re-enlistment. All other cadets necessary to make up the full complement of the corps shall be appointed by the regents, in proportion to their number, including vacancies, if any, caused by the failure of any member of the Legislature to make his ap- pointment. Cadets shall not be under sixteen years of age, and shall not be over twenty-one years of age. Their ap- pointment shall be made upon undoubted evidence of good moral character and sound physical condition. Their term of enlistment of service shall be two years, but any cadet, at the expiration of his first term^ 'shall be entitled to re- . enlist for the further term of two years, upon giving notice of his intention to the commandant of cadets at least thirty da3^s before the expiration of such term. But not more than fifteen cadets shall be appointed from any Sen- atorial district, and not more than eight from any one county. 83. The cadets admitted under the provisions of the preceding section shall be entitled to all the privileges, immunities, educational advantages, and benefits of the University, free of charge for admission, tuition, books and stationery, and shall constitute the public guard of the University, and of the public property belonging thereto; and of the ordinance and ordinance stores, and School Law of West Virginia 79 camp and garrison equipage, of which a sufficient supply shall be kept in the arsenal belonging to the institution. And the professors 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. 84. All reasonable expenses incurred by said regents Expenses of in discharging the duties hereby imposed upon them (not, ^'^s^^*^- however, including wages or per diem compensation) shall be allowed by the Governor and paid out of the treasury of the State, in like manner as other sums are drawn therefrom; Provided, however, That such expendi- ture shall not exceed five hundred dollars per annum. 85. The president, board of regents and faculty may Graduation, graduate any student of the university found (after proper examination) duly qualified, and shall certify the same by affixing the seal of the University to his diploma. 86. "The funds derived from the sale- of United States S'l™d!* °* 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. AGRICULTUEAL EXPERIMENT STATION. 86a. Whereas, The Congress of the United States if pSenf has in its wisdom seen fit to appropriate the sum of fif- station, teen thousand dollars annually for the establishment and maintenance of an agricultural experiment station in this State, to aid in acquiring and diffusing amOng the people useful and practical information on the subjects con- nected with agriculture, and to promote scientific inves- tigation and experiment respecting the principles and applications of agricultural science, to be established in connection with and under the direction of the college of this State, established in accordance with the provis- ions of an act approved July 2, 1862, entitled, "An act donating public 'lands to the several States and Terri- tories which may provide colleges for the benefit of ag- riculture and the mechanic arts," and. Whereas, The West Virginia University by an act of the Legislature of West Virginia, entitled, "An act, for the regulation of the West Virginia Agricultural College," passed February 7, 1867, and other acts of the Legislature amendatory, thereof, is the institution of this State re- ceiving the benefits of the above mentioned land grant fund; and, Whereas, In accordance with the provisions of section 9, of the aforementioned act of Congress estabhshing said so School Law of West Virginia experiment stations, the Governor of West Virginia has accepted for the West irginia University the congres- sional appropriation for the establishment of an agricul- tural experiment station, and Whereas^ The board of regents of the West Virginia University, in accordance with section 1, of the afore- named congressional act, approved March 2, 1887, has established a department in the West Virginia University, known as ''the West Virginia Agricultural Experiment Sta" tion/"' which is now in full working order and issuing reg- ular bulletins for the diffusion of information among the people of the State, as required by law; and which is now well and thoroughly equipped with chemical labora- tories, apparatus and machinery, and has a staff of sci- entific men employed and carrying on the work contem- plated in the congressional act, therefore. Be it enacted hy the Legislature of West Virginia: governmenT^^ 1. That the State of West Virginia hereby assents to grants. and accepts from the government of the United States the grants of money authorized by said act of congress, and assents to the purposes of said grants. Bulletins. H. The bulletins and annual reports required to be published under section four of said act, shall be printed at the expense of the State, by the State printer, in such editions or numbers as the mailing list of the experiment station shall indicate as being required, and shall be dis- tributed by the station free of all charge to farmers and other citizens of the State deserving the same. STATE NORMAL SCHOOLS. state^jDormai 87. The "West Virginia State Normal School," es- tablished under and by virtue of an act passed February twenty-seventh, one thousand 'eight hundred and sixty- seven, entitled "An Act for the establishment of a State Normal School," shall be and remain at Marshall Col- lege, in the County of Cabell, as provided in said act, and all the provisions of said act, and all other acts in re- lation 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 and its branch- Board^of es, there shall be a board of regents, • consisting of the State Superintendent of Free Schools, together with six other persons, to be appointed, by the governor as here- inafter provided, who shall be called the "Eegents of the State Normal School," and as such may have a common seal, sue and be sued, plead and be impleaded, contract and be contracted with, and take, hold and possess real and personal estate for the use of said school. The trans- fer and conveyance by the board of supervisors of Cabell regents. School Law of West Virginia 81 County of lands and building of Marshall College and of the real estate heretofore conveyed by the Central Land Company of West Virginia to the regents of said school heretofore appointed, is hereby accepted, confirmed and legalized. But in case the said school should at any time hereafter be removed from the said Marshall College, the said property so conveyed shall revert to and be vested in the county court for the use of the said county of Cabell. The said six regents shall be appointed by the governor, between the fifteenth day of March and the fifteenth day of April in the year nineteen hundred and one, whose term of office shall begin on the first day of June next following their appointment, and continue for four years and until their successors are appointed and qualified; except that the board appointed in the said year 1901, three shall be for the term of two years and three for the term of four years. Not more than two of the regents of each of said two classes shall belong to the same politi- <3al party. A vacancy occurring in the board shall be filled by appointment by the governor for the unexpired term. The term of office of the regents now in office shall ■expire, on the thirty-first day of May, nineteen hundred and one. 88. The said school shall be under the general super- Rules and vision 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 object of its establishment, 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 : Provided, That all pupils admitted free of tui- tion to any one school, shall not exceed in number the whole number appointed to such county for admission to all normal schools of the State; the branches of learn- ing to be taiTght in each department thereof; and shall •determine the number of pupils to be received in the Number of normal department of said school from each county or pupils- judicial circuit of this State, conforming as nearly as possible to the ratio of ^^opulation 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 of tuition, or for use of books or apparatus ; that every such pupil shall pay for all books lost by him or any damage done hy him to such books or apparatus; and any pupil in said school may be dismissed therefrom by said regents. 82 School Law of West Virginia or by the executive committee^ subject to the approval of the regents, for immoral or disorderly conduct, or for neglect or inability to perform his duty. The State Su-' Diplomat. perintendent of Free Schools shall prepare suitable diplo- mas to be granted to the students of the normal depart- ment 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 accommodations thereof will admit of the same, and may admit into such department so many pay- ing students as can be accommodated therein from this or any other State, whether they desire to become teachers of schools or not. They may cause to be taught in the said department of said school, all or any of the branches of learning usually taught in colleges and seminaries, and for that purpose may establish therein the necessary professor- ships. Tuition, etc. They may also make all the necessary rules and regu- lations for the government of said department and pre- scribe the tuition and the terms of admission therein. The said school shall continue to be called and known by the name of "Marshall College." CXXXI. It is the practice to allow persons attending any of the State Normal Schools, under appointment, to teach one term of school eaSh year if desired, and yet hold the appointment. The same rule is held to be good in case of colored teachers attending the West Vir- ginia Colored Institute. CXXXII. Clearly under section 88 of the school law, two depart- ments are contemplated. One known as the normal department, and the other as the pay or academic department. It is intended that in the latter department, persons are admitted who do not desire to take the normal course, or if they have taken the normal course, who de- sire to pursue a higher grade of studies. I see nothing to prevent those who have taken the normal course, and have graduated from re- viewing the studies contained in the normal course, free of charge. The purpose of the normal course is to prepare teachers, and a re- viewing of that course would be to make the teachers more perfect. — T. S. Riley, Attorney-General. Executive Committee. Fairmont branch. 89. The said regents shall appoint three intelligent and discreet persons, residents of the county of Cabell, who shall' constitute an e^iecutive coijimittee 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), designate the person to take charge, of the boarding department of said school, and fix the price to be paid for board therein. They shall from time to time make full and. detailed reports to said regents of the con- dition, working and prospects of said school, and shall perform such other duties in relation thereto as the said regents may from time to time prescribe! 90. The branch of the state normal school established at Fairmont, under and in pursuance of the act passed School Law of "West Virginia 83 March fourth, one thousand eight hundred and sixty- eight, entitled, "An act providing for the purchase of the West Virginia Normal School at Fairmont,^^ shall be and remain at that place, and all provisions of said act shall remain in full force, except so far as the same may be altered by this chapter. Said school shall be under the jurisdiction and control of the regents of the State normal school, in the same manner and to the same ex- tent as the State normal school at Marshall College. 91. The branch of the state normal school established west Liberty at West Liberty, under and in pursuance of the act passed '^''^°^^- March first, one thousand eight hundred and seventy, en- titled "An act to establish a branch normal 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, except so far as the same may be altered by this chapter. Said school shall be under the jurisdiction and control of the regents of the state normal school, in the same manner and to the same extent as the state normal school at Marshall College. • 92. The branch of the State normal school established Gienviiie at Glenville, under and in pursuance of the act passed ' j the nineteenth day of February, one thousand eight hun- dred and sevent3^-two, entitled "an act to establish a branch normal school at • G-lenville, 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 regents of the State normal school in the same manner and to the same extent as the State normal school at Marshall Col- lege. 93. The branch of the State normal school established Shepherds- at Shepherdstown, under and in pursuance of the act "^"^ passed and approved February fourteenth, one thousand eight hundred and seventy-tvfo, 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 except so far as the -same may be altered by this chapter. Said school shall be under the jurisdiction and control of the regents 'of the State normal school, in the same man- ner and to the same extent "as the State normal school at Marshall College. 94. The branch of the State normal school at *Con- Concord cord, in Mercer county, established by the act passed ^'■^°'^^- the twenty-eighth day of February, one thousand eight hundred and seventy-two, entitled "an act to locate a branch State normal school at Concord, in the county of *The name of the postofflce has been changed to Athens. 84 School Law of West Virginia Principal's reports. Appropria- tion. Colored teachers. Mercer^ shall be and remain at that place, and all the- provisions of said act shall remain in full force, except so far as' the same may be altered by this chapter. Said school shall be under the jurisdiction and control of the regents of the State normal school in the same manner and to the same extent as the State normal school at Marshall College. 95. The principals of the State Normal School and its branches shall make, at the close of each term 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 school pupils and the number of paying pupils in the several departments of the school in actual monthly attendance during said term. 96. The president of the board of regents of the State ISTormal School and its branches, upon receipt of the re- ports required in the ninety-fifth section of this chapter, shall furnish the Auditor of the State with the number of the non-paying Normal pupils in actual monthly at- tendance in each of the said JSTormal Schools, and th^ number of months of actual attendance^ upon the receipt of which report, and upon the requisition of the presi- dent of the board of regents, the said Auditor shall issue to the executive committee of each of said schools, war- rants upon the treasury of the State for the amount due said schools, at the rate of three dollars and fifty cents per month for every non-paying ISTormal pupil reported as in monthly attendance. A sum not to exceed thirty-two hundred dollars each year is hereby appropriated for each of the Normal Schools, payable out of the treasury of the State. The State Superintendent of Free Schools shall, if possible, in every year, make arrangements with some suitable institution of learning in this State for the educa- tion and Normal school-training of a number of colored teachers, ^in the proportion to the colored population of the State which the non-paying white students in the Normal Schools bear to the white population of the State; but the amount to be paid for each of said colored teachers shall not exceed the sum herein specified for each non-pa^dng white student; and an additional sum. to the extent necessary to pay the tuition of said colored students, is hereby appropriated, payable out of the treas- . ury of the State in each year, as provided for in the next s-ection, upon the requisition of the State Superintendent of Free Schools. CXXXIII. Actual monthly attendance of a non-paying pupil dur- ing any month of a school term, may be an attendance hona fiUe for a poi'tion cf the month. Sickness might prevent constant attendance during any month, yet if the pupil was in attendance in good faith School Law op West Virginia 85 during part of the month, when able to attend, the school would be entitled to $3.50 for such pupil for that month. * * The words 'a-ctual monthly attendance' are used in the statute, so as to plainly prohibit pay being drawn for constructive monthly attendance. The attendance of a pupil must have commenced in a month and in good faith, with an intention of continuing. If the pupil does not attend at all during any month * * the law prohibits any pay being given. — Alfred Caldioell, Attorney-General. 97. If any normal school does not earn the amount of unearned ap- its annual appropriation of three thousand dollars, as p''"^''^^*^*'"' aforesaid, in any year, the board of regents of the State Normal School and its branches are hereby authorized to expend in their discretion the unearned amount of its annual appropriation in the payment of teachers in an- other or others of such schools and the Auditor shall issue his warrants for such expenditures on the order of said board. CXXXIV. Section 96 as amended by chapter 45, Acts 18SJ5, provides for an appropriation of thirty-two hundred dollars for each normal school. 98. If any money be lent or advanced, or anything Dealing with be sold or let to hire, on credit to or for the use of any ^^'^'^^^t^- student or pupil under twenty-one years of age, at the "West Virginia University, the West Virginia State Normal School or any of its branches, or any incorporated college in the State, without the previous permission, in writing, of his or her parent or guardian, or the president or prin- cipal of such institution, nothing shall be recovered there- for, and there shall, moreover, be forfeited to the State, by the person giving such credit, twenty dollars, and the amount or value of such thing. When such selling, let- ting, lending or advancing is by an agent, such forfeitures shall be by his principal, unless the principal shall within ten days after he has knowledge or information of the sell- ing, 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. II. All acts and parts of acts coming within the pur- view of this chapter, and inconsistent therewith, are here- by repealed. THE WEST VIRGINIA SCHOOLS FOR THE DEAF AND BLIND 98a. I. That the name of the West Virginia Institu- Name, tion for the Deaf^ Dumb and Blind be and the same is hereby changed to that of "The West Virginia Schools for the Deaf and Blind." The board of regents for the West Virginia Schools Board of for the Deaf and Blind, shall be composed of nine mem- regents, bers, whose term of office shall commence on the first day of June, one thousand eight hundred and ninety- seven. 86 School Law of West Virginia Governor to The Governor shall on the tenth day of March, one regents*. thousand eight hundred and ninety-seven, or as soon thereafter as convenient, nominate, and by and with the advice and consent of the Senate, appoint said nine re- gents for said schools, but said regents shall be divided into three classes of equal numbers and not more than two regents in each class shall belong to the same polit- ical party. Not more than one regent for the West Vir- ginia Schools for the Deaf and the Blind shall be ap- pointed from any one county. The term of office of the first-class shall be two years, of the second-class four years, and of the third-class six years. On the tenth day of March, one thousand eight hun- dred and ninety-nine, or as soon thereafter as conven- ient, and every second year thereafter, the Governor shall nominate, and by and with the advice and consent of the Senate, appoint three regents for said schools, in place of the class whose term expires in said year; and the term of such regents shall commence on the first day of April in the year of their appointment and continue six years. Governor to The Governor may in like manner appoint regents to fill ' any vacancy that may occur in the board of said schools, and any one appointed a regent by him during the recess of the Senate, shall be a regent until the next session of the Senate thereafter. Said members shall constitute collectively a body cor- porate with powers to rent, purchase and convey real estate, and with all other powers necessary for the car- rying on of the institution for the education of the deaf and blind youth of West Virginia, established under the act passed March third, eighteen hundred and seventy, and to be known as ''The Board of Regents of the West Virginia Schools for the Deaf and the Blind. " Said Board shall appoint one of their number as president, and in case of- his absence a president pro tern, shall appoint a secretary, and all orders, drafts or requisitions for money from the State shall be signed by their secretary and countersigned by the president. Said board shall meet as hereinafter provided, and shall hold such other meetings as they may think necessary. Extra meetings may be called by the president or by any four members of the board by notifyng th^ other members of the time and place of the meeting and of the nature of the business Quorum. which renders an extra meeting necessary. A majority of the board shall constitute a quorum for the transaction of all ordinary business, but the board may, in its dis- cretion, designate business of a nature to be specified by it which may be transacted by a stated number of re- gents less than a quorum. School Law of West Virginia 87 II. It shall be the dut}- of the principal under the di- Principal. rection of the board to superintend the affairs necessary for the proper conduct of the institution, and to make such general regulations as may be necessary for the suc- cessful management of the same, and to purchase such books and apparatus as may be necessary for the efficient working of the institution. III. Said board shall appoint all necessary teachers Teachers, and assistants, and shall provide the furniture, fixtures. Furniture. apparatus and other things necessary for the comfort and convenience of inmates of the institution. IV. The said board may, when they deem it necessary steward. elect a steward ; and the principal and matron shall reside in the institution, and the steward and teacher in or. near it. All salaries shall be fixed by the board of regents, and Salaries. shall be paid monthly or quarterly, as the board may deem proper, out of the fund appropriated by the legislature. v. The board of regents shall employ as visiting phy- visiting sician of the institution, a physician of reputable stand- p^^^^^^^^' ing in his profession, and it shall be his duty to render all medical assistance necessary to its inmates, and fix his salary, not to exceed three hundred dollars, to be paid in the same manner as a teacher. VI. The principal and steward shall give bond with Bond. approved security in such amount as the board of regents may direct, for the faithful discharge of their respective duties. VII. The board of regents shall prescribe such by- Rules and laws, rules and regulations for the government and con- ''^s"'^*'*'°®- duct of the institution under their charge as shall secure the harmonious and efficient management of said institu- tion in all its parts. They shall require such reports from the principal, steward, matron and physician as in their opinion the institution may demand, and they shall annually, on or before the first day of December, report to the Governor all the facts- and circumstances in con- nection with the conduct and progress of the institution, with a careful statement of all the receipts and disburse- ments of the same, and shall accompany their annual report with such recommendations and suggestions as will enable the State efficiently to foster and promote the enterprise of educating the deaf, dumb and blind youth within its limits. The fiscal year of the institution Fiscal year. shall end on the last day of September, and the accounts of the institution shall be kept with reference to . said fiscal year ; and there shall be an annual meeting of said board on the third Thursday in October in each and every year. VIII. The board of regents may provide in said insti- Admission of tution accommodation for all the officers, assistants and^"^ ** 88 School Law of West Virginia Admission pupils. of Charges. Duty of county officers. Term of pupilage. employees, and for all the deaf, dumb and blind youth resident of the State of West Virginia who may apply for admission to the said institution, between the ages of eight and twenty-five years, and for such other deaf, dumb and blind persons as may apply for admission as paying pupils, under such regulations as said board may direct, but all youth admitted rnust be of sound mind and not afflicted with any contagious or offensive disease. IX. All such deaf, dumb and blind youth residents of the State of West Virginia between the ages of eight and twenty-five years, shall be admitted to pupilage in the institution on application to the principal; until the institution is filled, applicants shall be admitted in the order of their application, and it shall be the duty of the principal to keep a careful record of the names of all pupils admitted with the dates of their admission and discharge, their age, postoffice address, the name of their parents or guardians, the degree, cause and circumstan- ces of their deafness or blindness. All such deaf, dumb and blind pupils shall be ad- mitted as above directed without charge for board and tuition; and when not otherwise provided with clothing they shall be furnished by the institution while they are pupils in the same, and the principal shall make out an account therefor in each case against the respective counties from which said pupils are sent, in an amount not exceeding forty dollars per annum for every such pupil, which account shall be certified by the principal and countersigned by the secretary, and which shall be trans- mitted by the principal to the "Auditor of the State, whose duty it shall be to transmit a copy of the same to the clerks of the county courts of the respective counties against which they are; and the county court of such counties shall thereupon at their next sessions, respective- ly, thereafter held for the purpose of making a county levy, include in such levy the amount of said account against their counties, respectively, and cause an order to issue on the sheriff of the county in favor of the Auditor of the State, and cause the same to be transmitted by the clerk of said court to the Auditor, whose duty it shall be to collect the same and place it to the credit of the in- stitution, to be drawn out upon requisition as a part of the current expenses of said schools. If the same is not paid to the Auditor by the respective counties from which they are due in a reasonable time, it shall be the duty of the Auditor to collect the same by law. The term of pupilage shall be five years at least, and for so much longer term as in the discretion of the board and principal their condition and progress would School Law op West Virginia 89 seem to justify. A.fter all the applicants between the prescribed ages of eight and twenty-five years have been admitted, if there is still room, the principal may ad- mit other deaf and dumb and blind persons upon appli- cation who may be of suitable age to receive any advan- tage of the institution, and upon such terms as the board mjay prescribe; but it shall be distinctly understood that such persons shall withdraw from the institution in order of the dates of their admission to make room for new appli- cants betv^^een the ages herein already prescribed. X. The course of instruction in the institution shall ^°'J^^®^j°'^^ be prescribed by the board of regents with the advice of the principal, and shall be as extensive both in the intellect- ual, musical and mechanical departments, as the capacities and interests of the pupils may require. XI. In addition to their other duties the assessors of ^^^j^l^^^f^Q the State are hereby required to registei: in a book, to be furnished them by the Auditor for the purpose, the names of all the deaf and the blind persons in their respective dis- tricts, with the degree and cause of deafness and blindness in each case as far as can be ascertained from the heads of families, or from other persons whom the- assessors may conveniently consult, their ages, the names of their parents or guardians, their postoffice address, and such other circumstances as may constitute useful statistical in- formation in making the said institution promptly effi- cient in ameliorating the condition of the deaf and the blind by education. They shall complete the registration as early as possible, in the first annual assessment after the passage of this act, and shall forward their report di- rectly to the Auditor, who shall if practicable before the first day of July, or as soon thereafter as possible, make an alphabetical abstract of all the facts furnished him by the assessors ' reports, and shall send the same by mail to the principal of the West Virginia schools for the deaf Principal to and the blind, and said principal is hereby further required w^ith^^person* to put himself in immediate correspondence with all the ^amed^on^^ deaf and blind persons, of suitable age and condition, list, mentioned in the Auditor's abstract, with a view to their admission as pupils into the West Virginia schools for the deaf and the blind. The assessors shall receive for the extra duties hereby imposed, the same compensation as is now allowed them for the registration of births and deaths, and shall be liable to the same penalties for failure to discharge these duties. THE WEST VIRGINIA COLORED INSTITUTE. 98&. An act accepting the provisions of the act of Con- 90 School Law of West Virginia gress, approved August thirtieth, eighteen hundred and . ninety, entitled "An act to apply a portion of the pro- ceeds of the public lands to the more complete endow- ment and support of the colleges for the benefit of agri- culture and the mechanic . arts, established under tjie provisions of an act of Congress, approved July second, eighteen hundred and sixty-two," and providing for the apportionment of said endowment according to the pro- visions of said act. Whereas, The Congress of the ITnited States of America, by an act approved August thirtieth, eighteen hundred and ninety, entitled, "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under Act of Con- the provisions of an act of Congress approved July sec- gress. Q^^^ eighteen hundred and sixty-two," made an appro- priation to each state and territory of fifteen thousand dollars for the year ending June thirtieth, eighteen hun- dred and ninety; and an annual increase of said appro- priation thereafter for ten years by the additional sum of one thousand dollars over the preceding year, after which time the annual amount so appropriated will be twenty-five thousand dollars for the more complete en- dowment and maintenance of the colleges established un- der the act of Congress last aforesaid, "to be applied only to instruction in agriculture, the mechanic arts, the Eng- lish language, and the various branches of mathematical,, physical, natural and economic science, with special re- ference to their application in the industries of life; and to the facilities for such instruction," and Whereas, By a proviso in said act no State can ob- tain the benefits thereof, where facilities are not pro- vided for the instruction of colored students in said branches of study, either in the same institution or in separate institutions, and the legislatures of the several states are required to make an equitable division of said annual appropriation where such separate institutions are provided, and report the same to the Secretary of the Interior, and Whereas, The Constitution of the State of West Vir- ginia forbids the education of white and colored youths in the same State schools, and this State having hereto- fore made no provision for the separate education of col- ored youth in agricultural and the mechanic arts; and the enumeration of the white and colored youths of this State, of school age, being about 250,000 white and 12,000 colored, it being the duty of this State to indicate a reason- able proportion of said appropriations to be set apart an- School Law of West Virginia . 91 nually for the instruction of the colored youth of the State, the sum of $3,000 is hereby indicated as an equit- able portion of said appropriations for five years from the date of the passage of this act, and after that time $5,000 as long as such appropriation continues; and Whereas, By the terms of the said act of Congress * of the United States, approved August thirtieth, eighteen hundred and ninety, it is necessary, in order to enable this State to share in the appropriations so made and to be made under the provisions of said last recited act, for the legislature to accept of the provisions of said act for and on behalf of this State, and to make proper and suitable provisions for said act upon which this State will be entitled to her distributable share of said appropria- tions, and to designate the institutions of learning to be- come the beneficiaries of said appropriations, and the offi- cer of this State to whom the money shall be paid by the United States for the use of said beneficiaries. There- fore, Be it enacted by the Legislature of West Virginia : I. The Legislature of. the State of West Virginia Acceptance of hereby accepts for said State, the terms and provisions gran1;s!^^ ° of the said act of the Congress of the United States ap- proved x\ugust thirtieth, eighteen hundred and ninety, for the objects and purposes mentioned and declared therein, and designates "The West Virginia University," estab- lished in pursuance of the Act of the Congress of the United States passed July 2, 1862, aifd a subsequent act passed by said Congress on April 19, 1864, at Morgan- town, in the county of Monongalia in this State, as the beneficiary of said appropriation for the instruction of white students, and an institution to be located and pro- vided for the purpose as hereinafter required and directed in the county of Kanawha, to be called "The West Vir- ginia Colored Institute," for the beneficiary of said ap- propriation for the instruction of colored students to be paid to each in the proportion mentioned in the preamble to this act. And the said institution by the name of "The West Virginia Colored Institute," shall have and hold all the property, funds, rights, powers and privileges here- inafter mentioned. II. For the government and control of said institute there shall be a board of regents, consisting of the State Suj)erintendent of Free Schools and six other competent persons, not more than four of whom shall belong to the same political party, to be called the "Eegents of the West Virginia Colored Institute," and as such board they may sue and be sued, plead and be impleaded, and have a common seal. The governor shall, between the fifteenth 92 School Law of West Virginia Regents to establish departments. Rulea and regulations. State Treas- urer to re- ceive grants. day of March and the fifteenth day of May, in the year nineteen hundred and one, and every four years there- after, nominate and, by and with the advice and consent of the Senate, appoint said six regents, whose term of office shall begin on the first day of June next following their appointment, and continue for four years and until their successors are appointed and qualified. Vacancy in the office of regent shall be filled by appointment by the gov- ernor for the unexpired term. The term of office of the regents now in office shall expire on the thirty-first day of May, nineteen hundred and one. Said board shall have the care, custody and control of the property and funds of the Institute, and may accept from any person or per- sons, gifts of money or property for the use of said in- stitute;- and all such money and property when so re- ceived by them, shall be held in trust by them for the use and benefit of the Institute, and applied thereto as the donors may have directed, and if no such directions have been given, as a majority of the regents may determine. III. The board of regents shall from time to time establish such departments of education in literature, science, art and agriculture, not inconsistent with the terms of the several acts of Congress hereinbefore re- ferred to as they deem expedient, and as the funds under their control will warrant, and purchase such materials, implements, and apparatus, as may be requisite to the proper instruction of said colored students in all said branches of learning as to carry out the intent and pur- poses of said acts of Congress. IV. The said board shall establish and declare such rules, regulations and by-laws, not inconsistent with the laws of the United States or of this State, as they may deem necessary for the proper organization, the tuition of the students and the good government of the insti- tute, and the protection of the property belonging there- to. All reasonable expenses incurred by said regents in the discharge of their duties hereby imposed upon them shall be allowed by the Governor and paid out of the treasury of the State, in like manner as other charges on the treasury are paid. V. The Treasurer of this State is hereby designated as the officer to receive from the Secretary of the Treas- ury of the United States the said several sums of money so to be paid to this State aforesaid, for the uses and purposes aforesaid. He shall keep an exact account of the moneys so received, and shall place to the credit of each of said beneficiaries thereof, its due proportion of the same. The sums so placed to the credit of the West Virginia University shall be paid out by him on the or- School Law of "West Virginia 93 der of the board of regents thereof, and the sums so placed to the credit of the West Virginia Colored In- stitute, shall be paid out by him on the orders of the board of regents of said institute. And said treasurer shall include in his biennial report to the Governor a state- ment of his receipts and disbursements under the pro- visions of this act. VI. It shall be the duty of the board of the school sj^te^and^ fund to proceed with all reasonable dispatch to procure the necessary quantity of farming land not exceeding fifty acres in all in some suitable and proper locality in the county of Kanawha, with a title thereto clear and unqiiestionable, and to erect the necessary buildings and make the necessary improvements thereon, for the pur- poses of this act, and to comply in good faith with the terms and conditions, and to carry into eiJect the objects and purposes of the acts of Congress in making said appropriations. VII. And in order to ■ enable said board to perform Ten thousand the duties required of them by this act; the sum of ten can^ ^out thousand dollars is hereby appropriated and placed at ^^^^ ^^t- their disposal, payable out of any money in the treas- ury not otherwise appropriated: Provided, That said board may in their discretion borrow the said sum of ten thousand dollars from the "school fund" mentioned in section 4 of article XII of the Constitution of this State, at six per cent, interest per annum, and execute the ■bonds of the State therefor, payable with interest as aforesaid, not more than ten years from the date thereof. WEST VIRGINIA KEFORM SCHOOL. [98c. I. An institution to be called "The West Vir- Reform .^inia Eeform School," is hereby established, and shall ^ °° • hereafter be carried on in a suitable building or build- ings for the purpose, to be erected by the State at such locality as may be selected in accordance with this act. This institution shall be under the control of a board of directors hereinafter provided for. II. The board of directors shall consist of seven mem- Board of bers, not more than five of whom shall belong to the same ^i^'*^<=t°^^- political party. The Governor shall, on the tenth day of March, one thousand nine hundred and one, or as soon thereafter as convenient, and every four years thereafter, nominate and, by and with the advice and consent of the senate, appoint said seven directors, whose term of office shall begin on the first of May, next following their ap- pointment, and continue for four years and until their successors are appointed and qualified. Any vacancy in the board shall be filled by appointment by the Governor 94 School Law op West Virginia President. Quorum. Rules and regulations. Directors' report. Manner of commitment. in like manner, for the unexpired term. The term of office of the directors now in office shall expire on the thirtieth day of April, nineteen hundred and one. III. The board of directors shall biennially choose one of their body to be president of the board, and in his absence shall choose a president pro tempore. A major- ity of the board shall constitute a quorum, but the board may in its discretion designate business, of a nature by it to be specified, which may be transacted by a stated number of directors less than a quorum. IV. The board of directors shall make such by-laws, ordinances, rules and regulations relative to the manage- ment, government, instruction, discipline, training, em- ployment and disposition of the minors in the reform school, not contrary to law, as they may deem proper, and shall appoint such officers, agents and servants as they may deem necessary to transact the business and carry on the operation of said reform school, and may designate their duties. V. The board of directors shall make an annual report to the Governor of all their transactions, of the number of minors received by them into said reform school, the disposition which shall be made of such minors, by in- structing or employing them therein or by binding them out as apprentices; the receipts and expenditures of said board of directors, and generally all such facts and par- ticulars as may tend to exhibit the effect, whether bene- ficial or otherwise of said reform school. VI. The manner of receiving inmates into the West Virginia Eeform School shall be in either of the follow- ing modes, namely: * First. Male minors under the age of sixteen years may be committed by a justice of the peace of any of the counties in the State, on complaint and due proof made to him by the parent, guardian or, next friend of such minor, that by reason of incorrigible or vicious conduct, such minor has rendered his control beyond the power of such parent, guardian or next friend, and made it manifestly requisite that from regard for the morals and future welfare of such minor and the peace and order of society, he should be placed in the West Virginia Ee- form School. Second. Male minors under the age of sixteen years may be committed by the authority aforesaid, when "com- plaint and due proof have been made that such minor is a proper subject for said reform school by reason of vag- rancy or of incorrigible or vicious conduct and that from the moral depravity or otherwise of the parent, guardian or next friend, in Avhose custody such minor may be, such School Law of West Virginia 95 parent, guardian or next friend is incapable or unwil- ling to exercise proper care and. discipline over such in- corrigible or vicious minor. Third. Such male minors under the age of sixteen years as their parents, guardian or next friend may desire to place therein for temporary restraint and discipline, where parents, guardian or next friend shall agree and contract with the board of directors for their support and main- tenance. And fourth. Male minors committed by the several Male minors courts of the State, as provided by section 7 of this chapter. A-^II. Whenever any male minor, under the age of six- teen years, shall be convicted in any of the courts of this State of a felony or of a misdemeanor, punishable by imprisonment, the judge of said court in his discre- tion, and with reference to the character of the reform school as a place of reform and not of punishment, in- stead of sentencing said minor to be confined in the peni- tentiary or count}^ jail, may order him to be removed to and confined in the said reform school, to remain until he shall have arrived at the age of twenty-one years, un- less sooner discharged or bound as an apprentice by the board of directors; but no such boy shall be retained in said school after the superintendent shall have reported him, and he has been found by the board or its executive committee, to be fully reformed. Male minors under sixteen years of age, convicted in any of the courts of the United States for the district of West Virginia, or of any offense punishable by imprisonment, may also be received into said reform school upon such regulation, and such terms as to their maintenance and support, as may be prescribed by the board of directors, and assented to by the proper authorities of the United' States. And in all cases, iDefore any minor is transferred to said reform school, due notice shall be given to the superintendent and an answer received from him that there is room in the reform school for such minor. A'^III. It shall be the duty of the justice of the peace Data to be when committing a minor to said reform school under ^Q^^^f^ment. the first and second clauses of section six of this chap- ter, in addition^to the commitment, to annex to said com- mitment the names and residences of the different wit- nesses examined before him, and the substance of the tes- timony given by them respectively, on which the adjudi- cation was found. IX. In all proceedings before justices of the peace for Guardian ad commitment of minors to tlie said reform school under '**<'"*• the first and second clauses of section six of this cbap- 96 School Law of West Virginia ter, the justice shall appoint some discreet and disinter- ested person guardian ad litem for such minor, whose duty it shall be to represent the interest of said minor and see that no injustice is done him; and the guardian ad litem of said minor shall have the right to demand a jury of twelve men to try the truth of the charges made against said minor, and said jury shall be selected and said trial shall be conducted in the same manner as is provided by law for the trial of criminal cases before justices by juries. And said guardian ad litem or said minor shall have the same right of appeal from any final decision rendered against said minor in any such proceedings, whether upon a trial by jury or otherwise, as is allowed by law in other criminal cases tried before justices. Male inmates X. The West Virginia Reform School shall be exclu- sively charged with the reformation and care of male minors, but white and colored inmates shall be kept sep- arate. Children may XI. The board of directors shall have power to bind as ap-^ °^^ o^T-^ male children committed to their care, with the con- prentices, sent of such children, as apprentices during their minor- ity to such person and place, whether in or out of the State, and to learn some proper trade and employment as in the judgment of said board will be most conducive to the reformation and future benefit and advantage of such children, and the indentures by which said children shall be bound, shall contain the covenants and provis- ions prescribed by chapter eighty-one of the Code of West Virginia, relating to master and apprentices, and all the provisions of said chapter shall apply to appren- tices bound under this section, so far as applicable. Commission XIT. A commission consisting of the State Superin- se ec site, j^gndent of Free Schools, and one member from each Congressional district of the State to be appointed by the Governor, shall within four months after this act becomes in force as a law, select such locality as it may deem best as the site for the West Virginia Eeform School, and procure a good title to such site, and report their action to the Governor as soon as such selection is made and the title procured. And as soon as practicable after said report is made to the Governor, the "board of directors" herein provided for, shall contract for and cause to be constructed on the said site, such building or buildings as may be needed in carrying out the provisions of this act. Provided, That the sum to be expended for said site and for constructing said building, shall at no time exceed the appropriation for said purpose, fion'foi^'si'te ^III- The sum of five thousand dollars 'to be paid and buimTngfe. out of the State fund for the fiscal year ending Septem- School Law of West Virginia 97 ber.30, 1889, and five thousand dollars to be paid out of the State fund for the fiscal year ending September 30, 1890, is hereby appropriated out of any money in the treasury not otherwise appropriated to be used in pro- curing said site for said Eeform School, and in provid- ing suitable buildings and accommodations for the same, and in carrying on said Eeform School when establish- . ed; and the reasonable expenses of the commissioners herein provided for, selecting a site for the said Reform School shall be allowed and paid out of said money here- by appropriated. XIV. Every boy sent to the reform school shall remain Boys t9 re- until he is twenty-one years of age, unless sooner dis- ^j^^^oj?^^ ^^ charged or bound as an apprentice by the board of direc- I'efoi-med. tors; but no boy shall be retained after he has been re- ported by the superintendent and found by the board or ■executive committee to be fully reformed; Provided, That criminal boys in any case where a boy is committed to the reform ^'^^enf^eli-'^* school for an offense punishable by confinement in thetiary. penitentiary, and it is found by the board of directors that the reform school is unable to benefit such boy, and that his presence is a detriment or menace to other boys in the institution, or to the general good of the school, he may be securely returned to the court which sentenced him, and said court shall thereupon pass such sentence upon him as to confinement in the penitentiary as may be proper in the premises, or as it should have done had it not sentenced him to the reform school. And the governor shall have power, when in the judg- Governor ment of the warden of the penitentiary and the superin- "^mute tendent of the reform school it is advisable, to remit the sentence, penalty of any youthful offender, under the age of six- teen years, confined in the penitentiary, to a sentence to the reform school. XV. If any person shall entice, or attempt to entice, Persons as .away from the reform school any boy legally committed mates^in'^ to the same; or shall aid or abet any boy to escape f rom ^^'^'^p'^s, &c., said reform school; or shall harbor, conceal, or aid or be_ guilty of abet in harboring or concealing any boy who shall have ^^^'^flned!'^^^ escaped therefrom; or shall, without the permission of the superintendent, give or sell, or aid or abet any other per- son to give or sell, to any boy in said reform school, whether on the premises of said institution or otherwise, ■ any money, firearms, intoxicating drink, tobacco, cigar- ettes, or other article whatsoever; or shall in any way cause or influence, or attempt to cause or influence, or aid or abet therein, any boy in said reform school to vio- late any rule of the institution or to rebel against the gov- ernment of said school in any particular ; or shall receive 98 School Law of West Virginia by the hands of any boy anything of value, whether belonging to the State or otherwise; such person shall be deemed guilty of a misdemeanor, and, upon convic- tion therefor, shall be fined not less than ten nor more than one hundred dollars, or be confined not more than twelve months in the county jail, or both fined and im- prisoned as aforesaid, as the court may deem proper. Officers to And the superintendent, or any of his assistants, or any one authorized in writing by him, or any sheriff, con- stable, policeman, or other peace officer, shall have power, and it is hereby made his duty, to arrest any boy, when in his power -to do so, who shall have escaped from' said school, and return him thereto. ^har es^*^ XVI. Justices and constables and juries shall have the same fees in the proceedings for the commitment of boys to the reform school as are allowed by law for similar services in other criminal cases, and such fees shall be audited by the county court of the county, and paid out of the county treasury. "For transporting a boy to the reform school the officer having him in charge shall be allowed five cents for each mile of necessary travel, either in going or returning; and said costs of transportation in case the boy has been convicted of a felony shall be paid out of the State treasury in the same manner that other criminal charges are paid out of said treasury; and in case the boy has been convicted of a misdemeanor, or been committed by a justice, said costs of transportation shall be paid out of the treasury of the count}'', from which said boy is committed, in the same manner as other criminal charges are paid out of the treasuries of the counties. PREPARATORY BRANCH OF THE W'EST VIRGINIA UNIVERSITY AT MONTGOMERY, FAYETTE COUNTY. Name. 1. There shall be established a school at Montgomery, in the county of Fayette, to be called the Preparatory Branch of the West Virginia University, by which name it shall have and hold all the property, funds, investments, rights, powers and privileges granted by this act, b}^ be- quest, private subscriptions, donation or otherwise. Appropria- 3. ]t being estimated that the sum of ten thousand dollars will be needed for the purpose of the erection of .suitable buildings and the purchase of a. site for said school, therefore the sum of five thousand dollars pay- able out of the revenues of this fiscal year, one thousand eight hundred and ninety-five, is hereby appropriated out of any money in the treasury, to be expended under the directions of the board of regents of said school for said purpose. tion. School Law of West Virginia 99 For the government and control of said school there Regents, shall be a board of regents consisting of the state super- intendent of free schools and the members of the board of regents of the West Virginia University. As such they may sue and be sued, plead and be impleaded contract and be contracted Avith and have a common seal. 3. Said board shall have all the powers to act and Powers of shall act and be controlled according to and under the ^^°^ ' laws of chapter forty-five of the code of West Virginia, governing the board of regents of the West Virginia Uni- versity, except as herein limited by this act. 4. Said board of regents shall as soon as this act takes Board to let eiffect, let the contract and provide for the erection of contract, suitable buildings upon the site selected and furnished for said school by the citizens of the town of Mont- gomery, Fayette county. Said buildings to be completed and said school opened not later than the first day of September, one thousand eight hundred and ninety-six. Said board shall provide suitable books, furniture and apparatus necessary for the successful operation of said school, all of which shall be paid for as herein provided. 5. That the property in all grounds, buildings and property improvements erected under the provisions of this act, ^oli^d^ '° shall be- vested in the board of regents of said school, to be used and controlled, as in like manner, is the prop- erty of the West Virginia University used and controlled by its said board of regents. 6. There shall be taught in said school such branches Branches of learning as are taught in the preparatory department t^^stt. of the West A'^irginia University and in the normal schools of this State; but no student shall receive instruction free of tuition in any of the branches herein designated, ex- cept as to such as are taught free in the preparatory de- partment of the University of West Virginia. 7. It shall be the duty of the said board of regents to Teachers, emplov and fix the salaries of a sufficient and competent corps of teachers and other necessary officers. Said teach- ers and officers to be paid as is provided by law for the payment of teachers and officers of the West Virginia University. 8. All students of this or other States desiring to"*Tuition. take other branches of study than those designated in said preparatory courses or take other course of study in said school shall pay such tuition as shall be herein- after fixed by the faculty of said school. 9. All money arising from tuition, matriculation fees Tuition, etc.; or otherwise coming into the hands of the treasurer of^°^ applied, said school shall be used and applied to the payment of the teachers' salaries and other liabilities of said school. 100 School Law of AVest Virginia BLUEFIELD COLORED INSTITUTE. Board of Begents. Name. 1. There shall be established a school at Bluefield, county of Mercer, to be called "Bluefield Colored Insti- tute," by which name it shall have and hold' all the property, funds, investments, rights, powers and privi- leges created by this act, by bequest, private subscrip- tion, donation or otherwise. 2. For the government and control of said institute there shall be a board of regents consisting of the State Superintendent of Free Schools and five other persons, not more than three of said persons shall belong to the same political party. Said board shall be a body cor- porate under the style of ''Board of Regents of the Blue-" field Colored Institute," and as such may sue and be sued, plead and be impleaded, contract and be contracted with, and have and use a common seal. The Governor shall, between the fifteenth day of March and the fif- teenth day of May, in the year nineteen hundred and one. and every four years thereafter, nominate and, by and with the advice and consent of the Senate, appoint said five regents, whose term of office shall begin on the first day of June next after their appointment and continue for four years and until their successors are appointed and qualified. A vacancy in the office of regent shall be filled by appointment by the Governor for the unexpired term. The compensation of said regents shall be the same as that provided for the regents of the West Virginia Colored Institute. The term of olfice of the regents now in office shall expire on the thirty-first day of May, nine- teen hundred and one. 3. Said boards, shall have all the powers to act, and shall act and be controlled according to and under the laws governing the board of regents of the normal schools of this State, except as here limited by this act. 4. The said board of regents shall, as soon as this act takes effect, let the contract and provide for a suitable building upon the site selected for said school by the said board of regents, said building to be completed and said school opened not later than the first day of Sep- tember, one thousand eight hundred and ninety-six. Said board shall provide suitable books, furniture and ap- paratus necessary for the operation of said school, all of which shall be paid for as hereinafter provided. Property. 5. The property and all grounds and improvements erected under the provisions of this act, shall be vested in the board of regents of said school, to be used and con- trolled in like manner as the property of the normal school and branches is used and controlled by its said board of regents. Powers of board. Provisions for sctiool. School Law of West Virginia 101 G. There shall be taught in said school such branches Branches to of learning as are taught in the preparatory department ^ "^ of the West Virginia University and in the normal schools of this State, but no student shall receive instruction free of tuition in any of the branches here designated except as provided in section ninety-six of chapter forty-five of the Code of West Virginia, and as to such as are taught free in the preparatory department of the University of West Virginia. 7. It shall be the duty of the said board of regents to Teachers and employ and fix the salaries of a sufficient and competent ° ^^"' corps of teachers and other necessary officers, such teach- ers and officers to be paid as is provided by law for the payment of teachers and officers of the normal schools of this State. The said salaries 'to be paid out of any moneys in the State treasury not otherwise apportioned. 8. All students of this State desiring to take other Tuition, branches of studies than those designated in said pre- paratory course or taking other courses of study in said school, shall pay such tuition as shall hereafter be fixed by the faculty of said school. 9. All students from other states shall be required to Foreign pay such tuition as shall be designated by the said board ^ of regents. 10. All money arising from tuition, matriculation fees Money or otherwise, coming into the hands of the treasurer of ^° ^^ e . said school, shall be used and applied to the payment of teachers' salaries and other liabilities of said school. KEYSER PREPARATORY BRANCH OF THE V^EST VIRGINIA UNIVERSITY. L There shall be established at Iveyser, in the county Name, of Mineral a school to be called the "Keyser Preparatory Branch of the West Virginia University," by which name it shall hold all the property, funds, investments, rights, powers granted and may receive and hold by bequest private subscriptions, donations or otherwise money and other property. 11. It being estimated that the sum of twenty thou- -^jPPropria- sahd dollars will be needed for the purpose of erecting suitable buildings for said school, therefore, the sum of seven thousand five hundred dollars is hereby appropriated out of the revenues of the fiscal year, one thousand nine hundred and one, and the sum of twelve thousand five hun- dred dollars out of the revenues of the fiscal year one thou- sand nine hundred and two, is hereby appropriated out of any money in the treasury to be expended under the direc- tions of the board of regents of said school for said pur- pose. For the government and control of said school, there 102 School Law of West Virginia Board of Regents. Counties represented on board. Building. Property vested in board. Branches to be taught. Tuition. Salaries of teachers. Additional branches ; tuition. shall be a board of regents consisting of six members, who shall be appointed by the Governor ; not more than four of whom shall be of the same political party, and who, with the State Superintendent of Free Schools, who shall be ex- ofiicio member shall constitute said board ; two of the mem- bers of said board of regents shall hold their office for the term of two years, beginning the first day of June, 1901 ; two for the term of four years and two for the term of six years. Vacancies occuring.in the board shall be filled by the Grovernor as they occur. The members of said board shall be appointed from the citizens of Mineral, Grant, Hard}^, Morgan, Pendleton, Tucker, Preston and Hampshire counties, and before en- tering upon the discharge of their duties, the members of the board shall take an oath to faithfully discharge their duties. The said board shall be known as the board of regents of the "Keyser Preparatory Branch of the West Virginia University," by which name said board shall sue and be sued, make contracts, receive and hold real and personal property as aforesaid. III. Said board of regents shall as soon as practicable after this Act takes effect, contract and provide for the erection of suitable buildings upon the site selected and furnished for said school by the town of Keyser, in Min- eral county. Said buildings to be completed and said school opened by the first day of October, 1902. Said board shall provide suitable books, furniture and apparatus necessary for the successful operation of said school. All of which shall be paid for as herein provided. TV. That the property, buildings and improvements erected under the provisions of this Act, shall be vested in the board of regents of said school, to be used and con- trolled for the purposes of this Act. V. There shall be taught in said school such branches of learning as are taught in the Preparatory Department of the West Virginia University and in the ISTormal Schools of this State, including mechanics and such other branches as shall fit the pupils for useful trades and call- ings. But no student shall receive instruction free of tui- tion in any of the branches herein designated, except as to such as are taught free in the Preparatory Department of the West Virginia University. VI. It shall be the duty of said board of regents to employ and fix the salaries of a sufficient and competent corps of teachers and officers, to be paid as provided by law, and as directed by said board of regents. VII. All students of this or other States desiring to take other branches than those designated in said pre- paratory course, or to take other courses of study in said School Law of West Virginia ■ 103 school, shall pay such tuition as shall be fixed by the board of regents. VIII. All money arising from tuition, matriculation Money, how fees or otherwise coming into the hands of the treasurer "^^*^" of said school, shall be used and applied to the payment of the teachers salaries, and other liabilities of said school. IX. No part of this appropriation provided for in this Keyser to Act shall be expended in the construction of buildings, pro- school! ^^ viding furniture for said school, nor be used for that purpose until the board of regents shall certify to the Auditor that the town of Keyser, or the citizens thereof, have donated to the board for the purposes of this Act at least the sum of five thousand dollars, in land, money or other property. X. And the Auditor is hereby authorized to draw his Auditor to is- warrant on the Treasurer of this State, payable to the^*^® wan-ants, treasurer appointed by said board, for the money appro- priated by this act when payable according to the terms of this Act. XI. The board of regents of said school shall have Treasurer, power to appoint a treasurer, and require him to give executive ^°*^ bond, with good security to be approved by said board, committee, and also a secretary, to appoint an executive committee of not more than three persons, citizens of Keyser, to have the care, control and management of said school, un- der the order and direction of the board of regents. XII. The members of the board of regents shall re- per diem and ceive three dollars per day for the time actually employed ^oard^^^ °^ by them and their actual expenses while attending the meetings of the board, which shall be verified by oath. UNCODIFIED LAWS. Davies' "Facts in Civil Government" be, and the same Optional is hereby made a supplementary and optional text-book ^^^^* ^°°^- for use in the free schools of the State, the same to con- tain the constitution of West Virginia. The price at which such book shall be furnished to be 55 cents per copy. The boards of education throughout the State, out of Boards may the building funds of- their districts may provide for the ^^^'^^^.^^• purchase of a United States Flag, four by six feet of regulation bunting, for each school house in their district and require the same to be displayed over the school house during the time the school is in session. The trustees of such school district shall, in accordance Trustees to with the direction of the board of education, place such ^^^p ^flags fxag over the school liouse in their school district at the beginning of the school term therein, and said trustees 104 School Law of West Virginia shall cause the teachers to keep said flag so displayed dur- ing the time the school is in session, except that on stormy or inclement days, said flag shall not be so displayed, if in the judgment of said teacher such inclement weather would- be destructive of said flag. Election days. All election days shall be legal holidays throughout holidays. .j.|-^g district or municipality in which the election is held. Holidays. The following named days be regarded, treated and ob- designated. served as legal holidays, viz: The first day of January, commonly called "New Year's Day;" the twenty-second day of February, commonly called "Washington's Birth Day ;" the fourth day of July, commonly called "Independ- ence Day;" the thirtieth day of May, commonly called "Memorial Day;" the twenty-fifth day of December, com- monly called ''Christmas Day;" the first Monday in Sep- tember, commonly called "Labor Day;" any national or state election day; and all days that may be appointed or recommended by the Governor of this State or the Presi- dent of the United States as days of thanksgiving, or for the general cessation of business; and when either of said days or dates falls on Sunday, then it shall be lawful to ob- serve the succeeding Monday as such holiday : Provided^ that when the return day of any summons or other court proceeding, or any notice, or the time fixed for holding any court, or doing any official act, shall fall on either of said holidays, the next ensuing secular day shall be taken as meant and intended. School Law of West Virginia 105 AN ACT limiting the amount of indebtedness of counties, cities school districts and municipal corporations. Section 1. N"o county, city, school district or municipal corpora- tion, except in cases where such corporations have already authorized their bonds to be issued, shall hereafter be allowed to become indebted, in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding two and one-half per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes, previous to the incurring of such indebtedness ; nor without, at the same time, providing for the collection of a direct annual tax sufficient to pay annually the interest on such debt, and the principal thereof within and not exceeding thirty-four years ; provided, that no debt shall be contracted under this section, unless all questions connected with the same shall have been fiyst submitted to a vote of the people, and have received three-fifths of all the votes cast for and against the same. Section 2. This act shall not take effect until January first, nine- teen hundred and six. (The above act was passed by the Legislature February 11, 1905.) APPENDIX. OEDER OF PROCEEDINGS AT THE EIRST ANNUAL MEETING OF THE BOARD AFTER THEIR ELECTION. [See Section 8.] • I. Appoint a secretary. 3. Appoint one trustee for each sub-district. 3. Determine the number of months the schools shall be taught in the district during the school year. 4. Determine the number of teachers that may be employed in the sub-districtS;, allowing at least one for each school house. 5. Fix the salaries of teachers according to the grade of certifi- cate. 6. Estimate the number of teachers of each grade that will be employed. 7. Ascertain the whole number of months to be taught in the district by teachers of each grade. 8. Determine the aggregate amount of money necessary to pa;^ all the teachers. 9. Ascertain the unexpended balance of the teachers' fund in the hands of the sheriff, due the district from last year, after paying all salaries due teachers the preceding year. 10. Ascertain any other moneys available to the teachers' fund. II. 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 allowances for exonerations, delinquen- cies and commissions. The following calculation will be convenient for reference in mak- ing levies for school purposes : ISTumber of teachers to be employed in the district 20 Number of months to be taught during the year 6 Amount of money to pay all teachers (estimated) $ 4,380 108 School Law of West Virginia This estimate is made as follows : 10 JSTo. 1 grade teachers at $40 per mo 400 6 ISTo. 2 grade teachers at $35 per mo 210 4 'No., 3 grade teachers at $30 per mo 120 Monthly pay $ 730 Number of months 6 Total for term $4,380 Deduct amount on hand including amount of general school fund 1,880 $ 2,500 To ascertain the number of cents to be levied on every one hun- dred dollars' valuation of property in the district to raise $2,500 by taxation, suppose the whole valuation in the district to be $600,000. EuLE — Drop the cents, if any, and add four ciphers to the amount in dollars to be raised by the levy, and divide by the amount in dol- lars taxable property. Example: 600,000)25,000,000(41 2-3 cents. 24,000,000 1,000,000 600,000 400,000 = 2-3 600,000 Similar calculations should be made in relation to the Building Fund. 13. Determine the method and enter it on record, for calling spe- cial meetings of the board when necessary. FOEM NO. I. FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF EDU- CATION. Office of the Board of Education ) District^ in the County of ) West Virginia. At a meeting of the Board of Education held on the .... day of , 19 . ., there were present, president, and and , members of the board. On motion of , it is ordered that be, and he is hereby appointed Secretary of this Board. School Law op West Virginia 109 On motion, it is ordered that the following named persons be ap- pointed trustees in the following named sub-districts, for a term of three years, and until their successors are appointed and qualified : Trustee for Sub-District No. 1. Trustee for Suh-District No. 2. 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 N'o. 1, $....; for grade No. 2, $ ; for grade No. 3, $ It is found by the board that in addition to the available funds now on hand, $ . . . . will be necessary for the payment of teachers' salaries for the current year, and 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. (A similar order should be entered in relation to the levy for Building Fund.) On motion of , it is ordered that the president and secre- tary of this board be authorized to sign, in vacation, all proper or- ders for the payment of money, out of the teachers' fund or the build- ing fund, for the salaries of teachers employed and claims allowed by the board, and that they report the orders drawn on each fund, at the next meeting of this board. The secretary of this board made a report this day for the several orders drawn by him and the president, on the teachers' fund and the building fund, respectively, since the last meeting of the board, as follows : An order on the teachers' fund, in favor of , a teacher, for $....; an order in favor of , a teacher, for $....; also an order on the building fund, in favor of , for work done on school house, for $....; and an order, in favor of for furnishing wood for school house, for $..... On motion of , it is ordered that when in the opinion of the president or of the two commissioners it is deemed necessary, the president or secretary may call a special meeting of this board. On motion the board does now adjourn. .... President. Secretary. 110 School Law of West Virginia FOEM NO. II. ORDEE OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF TRUS- TEES. [To be entered in records of the board. ] There being a vacancy in the board of trustees in sub-district No. , in the district of , on motion of , it is ordered that be, and he is hereby appointed to fill said vacancy for the unexpired term, and till his successor shall be ap- pointed and qualified. NOTE — This order of appointment should be entered in the record book of the board of education at a regular meeting, and a copy of it signed by the secretary of the board served upon the appointee. FOEM NO. III. APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A VACANCY. Office of County Superintendent^ ) OF tete County of ) , West Virginia, , 19 ... . It having been made known to me that there is a vacancy in the board of education in district in my said county, I county superintendent of said county, in pursuance of the authority vested in me by law, hereby appoint to fill the vacancy in said board for the unexpired term. , County Superintendent. FOEM NO. IV. oath of office state of West Yirginia, County of , to-wit: I, ., do solemnly swear (or aflEirm) that I will. support the Constitution of the United States, and the Constitution of this State, and that I will faithfully discharge the duties of my office of to the best of my skill and judgment. So help me God. A B . Sworn to and sn.bscribed before me, ., a justice of the peace, the .... day of , 19 . . C D , J. P. School Law op West Yirginia FOEM NO. V. Ill PORM TO BE USED IN" THE SETTLEMENT BY THE SHERIFF WITH THE SEVERAL BOARDS OF EDUCATION, ON OR BEFORE THE 30TH DAY OF JUNE IN EACH YEAR. , Sheriff of county, in aconnt with the Teachers' Fnnd of district for the year ending June 30, 19.. To balance due District on settlement for year ending June 30, 19 To amount due from State School Fund for the year ending June 30, 19 — To amount levied on a valuation of S — for the year ending June 30, 19 at cents on each hundred dollars valuation To amount received from other sources for the year ending June 30, 19 [Itemize each sum received from "other sources," giving date, amount and from whom received. ] Total debits By balance due sheriff oji settlement for the year ending June 30, 19 By sundry school orders paid to date [The No., date and name of persoa to whom each order was drawn, with the actira/ amount pa/d thereon by the officer presenting it, should be given in detail.] By commission at 5 per cent, on net district levies By 3 per cent, commission on railroad levy By exonerations — (Name each person exonerated, the name and for what year the exoneration is made ) 3y delinquent list for the year ending June 30, 19 Total credits Balance due district, (or sheriff, as the case may be) Ots. Ots. FOEM NO. YL CALL FOR SPECIAL MEETING. Office of ) District, ) County, W. Va. ) , 19.. It appearing to that a special meeting of the board of education of said district is necessary to transact business relating to and other matters, a meeting is hereby called at at o'clock '.... M., , 19 . . You are requested to be present. , Secretary. To 112 School Law of West Virginia FORM NO. VII. for transfer. District, ) County, W. Va. ) Sub-District, No ) It appearing to the undersigned, trustees of sub-district that , children of of , sub-district are so situated as to be better accommodated in sub-district no . . , . , district, County, W. Va., this is to certify that said trustees have this day, as required by law, transferred them to that district. This transfer is to commence on the .... day of .• 19 . ., and continue in force months. To the Trustees of Sub- ) ) Dist. No. . . of . . Dist., ) ) Trustees. County, W. Va. ) ) On the reverse of the transfer (Form VII) the following endorse- ment may be made : * Transfer of .... scholars from sub-district no .... , Dis- trict, County, to sub-district no . . . . , District, County, W. Va. We, the trustees of the last named sub-district, this day ...... '^accept the within transfer in accordance with sec. 12 school law, , 190 ) ) Trustees. ■• ) *0r refuse to accept. NOTE — Trustees accepting transfers from other districts should transmit them to their board of education, there to be kept on file for the information of the board in making settlements for the amount due for the transferred pupils. Trustees making transfers should furnish their board with information of all transfers made by them, to enable the board to provide for the payment of the pro rata expenses of the transferred pupils. The following form may be used by the trustees : To the president of the Board of Education of district: This is to certify that the undersigned, trustees of sub-district no . . , District have transferred as required by law pupils, the children of , from this sub-district to no .... , District, County, to begin on the .... day of , , 19 . ., and continue .... months. ) ) Trustees. ) School Law of AVest Virginia 113 FORM NO. VIII. CONTRACT BETWEEN TRUSTEES AND TEACHER. This Contract Witnessetli^ That , , and , trustees of sub-district Ro in the district of , and county of West Vir- ginia, of the first part, having met together as required by section 13 of the School La^v, and , a teacher holding a No teacher's certificate, of the second part, have this day agreed that said shall teach the free school in said sub-district, for the term of months, commencing on the .... day of , 19 . ., for the sum of dollars per month, and that for said services, properly rendered, the trustees aforesaid will pay, as prescribed by law, the amount of salary due said according to the terms of this contract, provided said teacher complies with the law relative to institute attendance and the following conditions of this contract : It is further agreed that if the relationship exists between the parties to this contract prohibited by Section 13 of the School Law, that this contract shall be void and the second party shall not be entitled to receive from the Board of Education any compensation for the teaching of the school, or any part thereof, under this con- tract. The second party represents that he is not at this time under an agreement to teach any other school which will interfere with the leaching of the school under this agreement, and agrees that he will not hereafter make an agreement to teach another school which will interfere with his teaching the term of school provided for in this contract. And he agrees to forfeit to the first party an amount equal to one month's salary under this contract, in the event he without legal ex- cuse fails or refuses to complete the term of school by this contract agreed to be taught; which amount, if already paid to the second party by the Board of Education of said district at the time the sec- ond party quits said school before the expiration of the term, may b)e recovered by and in the name of the Board of Education in any proper action therefor. It is further agreed that, if for any legitimate cause the school is not begun on the date mentioned, or if for any cause it is by the first part}^ discontinued or suspended, neither party shall have re- course on the other for damages. Witness our hands, this the .... day of , 19 . . ) ) Trustees. • ) . . , Teacher. 114 School Law of West Virginia *I represent myself to be worth more than Four Hundred Dollars over and above my debts and liabilities ; and I hereby agree to pay to the board of Education of District an amount ecjual to one month 's salary of the teacher of the above contract, if the above named teacher, without legal excuse therefor, fails or refuses to teach the full term of school provided for in the above contract. Date, *Wliere the party of the second part is a minor or unknown to the Trustees the above bond may be required. FOEM NO. IX. seceetary's notice to county superintendent^ assessor and county clerk, of rate of levies. Office of Secretary Board of Education. , 19 . . ='=To of countjy At a meeting of the board of education of district of said count}^, held on the .... day of , 19. ., it was ordered that levies for the support of the free schools of the district for the year beginning the first day of July, 19. ., be made for the respective funds at the following rates : For Teachers' Fund, cents on the $100 valuation. For Building Fund, cents on the $100 valuation. Eespectfully, , Secretary. Section 41 School Law. — Immediately upon the receipt of the certificate mentioned in the preceding section, and of the notice from the county superintendent, as hereinafter provided, showing the amount of the general school fund to which such district, or inde- pendent school district is entitled, it shall be the duty of the board of education of such district to determine the rate of taxation nec- essary for the pay of teachers and for the building fund in their district for the school year and for the payment of any such existing indebtedness, as aforesaid, and report the same by their secretary, to the clerk of the county court, to the county superintendent and also to the assessor; and thereupon, it shall be the duty of the said assessor to extend on his books of assessment for State and county purposes the amount of taxes levied as aforesaid, in two separate columns, the one headed "Teaeliers' Fund," and the other ''Build- ing Fund," from which extension the sheriff shall proceed to collect the same, and shall account therefor as required by law. An}' as- sessor who shall fail to make out and deliver the certificate mentioned in the forty-third section, and any secretary of a board of education who shall fail to make out and deliver the certificate named in this section shall be fined tvrenty dollars, for the benefit of the Building Fund of the district. *Write Assessor, Oleiic of Ooniity C^ourt or County Superintendent as the case may be. Each must be uotifled pi'omptly. ' School Law of West Virginia 115 FOEM X. COUNTY superintendent's CERTIFICATE TO SECRETARIES OF THE amount of railroad tax. Office County Superintendent Free Schools. To the Sec'y Board of Education of District. County, West Virginia. You are hereby notified that the amount due your district for school purposes and chargeable to the Sheriff on the respective accounts of Teachers' and Building Fund in proportion to the rate of levy for each, for the school year ending June 30, 19 . ., from the Eailroad Company is Dollars. Given under my hand this .... day of , 19 . . . . Dated , 19 ... . County Sup't County, When the County Superintendent is notified by the Auditor of the amount paid into the treasury by the Eailroad Company to the credit of any district for school purposes ; or, is notified of the amount of Eailroad tax certified by the Auditor to the Sheriff of the County for collection for school purposes, he should, without delay, notify (on this blank) the Secretaries of the respective Boards of. Education of the amount due them from the different Eailroad companies that have property in their respective districts. The secretaries of the Boards, when they are notified as above directed, should divide the amounts so reported, between the Teachers' and Building Funds in proportion to the rate of levy made for each. The amounts should then be charged up to the Sheriff on account of the respective Funds. FOEM NO. XL COUNTY superintendent's CERTIFICATE TO THE AUDITOR OF DIS- tribution of state fund for his county. Office County Superintendent Free Schools, ) , , County, W. Ya., ,19 ) To the Auditor of the State of West Virginia. Sir : — The following shows the apportionment made by me, to the several school districts of the county of , for the school year commencing July 1st, 19. . Whole amount certified by State Superintendent, $ Amount deducted for salary of County Superintendent, Whole amount distributed to the several school districts, ...... 116 ■ School Law op West Virginia Amount distributed to eacli scliool district respectively: TiTQT'HTnT'^ Payment of Paym't of Deo. 15th. Total. District, $ § % S ■ Total S. iS.- •■■■ ■ \ Total S. ,, Coimtv Superintendent of . County. Section 22 of the school Law requires county superintendents to apportion the State Fund among the several districts of their_ re- spective counties and to report the' same on this form to the Auditor. FORM XO. XII. COUN"Ty SUPEEINTENDEN-t's certificate to secretaries of THE amount of state fund. Office of County Superintendent Free Schools. County, West Virginia. 19.. To the Secretary of the Board of Education of District. I hereby certify that the amount of State School Fund appor- School Law op West Virginia 117 tionecl to your district for the scliool jeav beginning on tlie 1st day of Jul_y, 19 . . , is '. dollars. Enumeration for 19 . ., (corrected) County Superintendent. The amount will be paid to the sherifE of the county in two equal installments^ on September 15th, and on December 15th, next; pro- vided your board levy for a sum, which, together with the balance on hand, funds from other sources, and this State fund, will be sufficient to pay for having the schools of your district taught for at least six months in the year. You will charge the sherifE with the above amount on account of the teachers' fund. As soon as the county superintendent receives notice from the State Superintendent of the amount apportioned to his count}^, he should apportion, the amount among the respective districts and in- dependent district, according to the number of youths between 6 and 21 in each, ascertained by the last enumeration, and should thereupon notify the respective secretaries on this blank (Form 18) without de- lay. FORM NO. XIII. assessor's notice to secretaries op valuation op personal property. Oppice op Assessor . . OP County. West Virginia. To the Secretc&y of the Board of Education of District: The assessed valuation of the personal property in your district on the first day of Januar}^, 19. ., aggregate $< Given under my hand the .... day of , 19. . Assessor.. P. 0. Address, A copy of this notice should be sent to the secretary of each dis- trict at the very earliest moment possible, as he must have it on the first Monday in July, at the annual meeting of the board of ed- ucation. The assessor of every assessment district shall make out and de- liver to the secretary of the board of education of each district and independent school district in his district, on or before the first day of July in each year, a certificate showing the aggregate value of all personal property; and the clerk of the county court shall certify to the said secretary the aggregate value of all real estate in such dis- trict or independent school district, which certificates shall -serve as a basis for any levy that may be made for school purposes for that year. — (Sec. 43 School Law.) 118 School Law of West Virginia x\ny assessor who shall fail to make out and deliver the certificate mentioned in the fort3^-third section, and any secretary of a board of education who shall fail to ]nake out and deliver the certificate named in this section, shall be fined twenty dollars, for the benefit of the building fund of the district. — (Part of Sec. 44 School Law.) FORM NO. XIV. ^ COUNTY clerk's NOTICE TO SECRETARIES OE ASSESSED VALUATION OF real estate. Office Clerk County Court County, West Virginia. To the Secretary Board of Education of District: The assessed valuation of the real estate in your district on the first day of January, 19. ., aggregates $ Given under my hand the day of , ., 19 . . Cleric of County Court. A copy of this notice should be sent to the secretary of each dis- trict at the very earliest moment possible, as he must have it at the annual meeting of the board of education on the first Monday in July. The assessor of every assessment district shall make out and de- liver to the secretary of the board of education of each district and independent school district in his district, on or before the first day of July in each year, a certificate showing the aggregate value of all personal property; and the clerk of the county court shall cer- tify to the said secretary the aggregate value of all, real estate in such district or independent school district, which certificates shall serve as a basis for any levy that may be made for school purposes for that year. (Section 43 School Law.) FOEM XV. county clerk's notice to secretaries of delinquent lists. Office Clerk County Court County. West Virginia. To the Secretary Board of Education District: The sheriff of county is entitled to credits for the delinquent list (including property erroneously and improperly charged) for the year ending June 30, 19 . . : On Eeal Estate for Teachers' Fund, $ On Personal Property for Teachers' Fund $ Total for Teachers'Fund, $ On Eeal Estate for Building Fund, $ School Law of "West Virginia 119 On Personal Property for Building Fund, $ Total for Building Fund, $ You will charge the sheriff with the following amounts, certified ]jy the Auditor as paid to the sherifip on account of redemption of delinquent lands paid into the treasury before sale: For Teacher's Fund, $ For Building Fund, $ Given under my hand the day of , 19 . . Clerh of County Court. The said lists shall be returnecl to the county court before the first day of July in every year, and the list of real estate shall be examined, corrected and allowed by said court, and a copy thereof certified to the Auditor, and another copy to the assessor for future use in making out the next land book. The list of personal property shall also be examined, corrected, and allowed by the court, and the amount thereof so allowed, together with the amount allowed of the list of real estate, shall be certified by the clerk of said court to the secretary of the board of education of the proper district. The original list shall be preserved by the ■clerk of said court in his office. — Sec. 48, School Law. FOEM NO. XVI. TRUANT officer's NOTICE. , W. Ya., , 19.. M, Dear You are hereby notified that the attendance of , and being under your control are required to attend school and according to the provisions of section 10a, Chapter 45 of the Code as revised by the Legislature of 1903, such attendance must commence within five dajs from receipt of this notice unless due cause be shown why such child or children should not attend. Should you fail to comply with the requirements of this law, you will be subject to a fine of two dollars for the first offence and five dollars for each subsequent offence. Respectfully, Truant Officer, District County, West Virginia. Note — This notice should be mailed where practicable, otherwise it must be delivered by the truant officer in person or sent by a reliable carrier. FOEM NO. XVII. TRUANT officer's REPORT TO BOARD. Members Board of Education, District, County, West Virginia. GentIjEMEN : I hereby certify that I have investigated cases under the truancy law during the month of , 19. ., of which .number were prosecuted and con- 120 School Law of West Virginia victed. I have mailed .... notices, delivered in person .... notices or sent by other means .... notices. In all I have spent hours* or ...... days and .... hours in the discharge of my duties as truant officer. Eespeetfull}^, Truant Officer, District, County, W. Va. Personally appeared before me of County, the said . and, on oath, says that the above report is true and correct, to the best of his knowledge and belief. Griven under my hands this day of , 19 . . . M, *Note. — Nine hours should be reckoned as constituting a day. POEM INTO. XVIII. . TRUANT OFFICER^S STATEMENT TO SHERIFF. ,\Y. Va., 19... Sheriff of County, W. Va. Dear Sir : Under the provisions of Sec. 10a, Chap. 45 of the Code the following fines were imposed in district, County, under my jurisdiction during the month of , 19. . : NAME. Address. Date. Amount of Fine. OhUd for Which Fined. Age of Child. 1 Total S Eespectfully submitted, , Truant Officer. District, County, W. Va. School Law of West Virginia 121 FOEM InO. XIX. STATEMENT OF APPORTIONMENT OF THE GENERAL SCHOOL FUND. STATE OF WEST VIEGINIA, Department of Free Schools. Charleston, June , 190. . To , Count}^ Superintendent, , W. Va. Dear Sir: The following" is' the amonnt of the General School Fund appor- tioned to your county for the year beginning July 1, 19. . ., and end- ing June 30, 19. . . : Xet amount apportioned $ County Su.perintendenf s salary $ Gross amount apportioned $ Total enumeration of your county, You will please make the apportionment of the above NET amount among the several districts of your county at once that the boards of education may have the same in their hands at their first meeting in July. Eespectfully, ? State Superintendent of Free Schools. FOEM NO. XX. school book bond. Know all men hy these presents. That we • , Principal, and and sureties, are held and firmly bound unto the State of West Virginia, in the sum of ten thousand ($10,000) dollars, lawful money of the United States of America, to be paid unto the said State, "for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of , in the year one thousand nine hundred and Whereas, by a certain agreement in writing, bearing date on the day of 19 ... , the above bounden has covenanted, promised and agreed with the School Book Board of County to supply certain school text-books for use in the free schools of said County and State, as will in the said agreement more fully and at large appear: — Now, therefore, the condition of the above obligation is such that if the said shall faithfully, fully and entirely do, perform, keep and observe the said agreement, and every such agreement hereafter or heretofore made with any other 122 School Law of AVest Virginia School Book Board of any other county within this State, and each and every of the covenants, ^^rovisions, agreements, terms and con- ditions on .... part to he done, perforilied, kept and observed, then this obligation shall be void, otherwise to remain in full force and virtue. FORM XXI. SCHOOL TEXT-BOOK CONTRACT. Tills Agreement made and entered into this day of . . , in the year of our Lord, one thousand nine hundred and six, by and between the School Book Board of County, State of West Virginia, party of the first part, and , party of the second part : WITNESSETH,' That for the mutual considerations of this con- tract hereinafter named the parties subscribed hereto acknowledge themselves bound by the following terms and conditions, viz. : First, the said County School Book Board hereby adopts for use in the schools of its county for a period of five years commencing on the first day of July, 1906, according to the provisions of Section 57a. Chapter 45 of the Code ; and said , party of the second part agrees to furnish to every board of education or their agents, every depository, dealer or other person of the county the following books at the prices set opposite each : [Here state full and accurate title of each book, name of author, and name of publisher and price, including prices agreed on for exchange for other books, and for introduction, if any such prices for exchange or introduction are agreed on.] Second, it is agreed and understood that all the books furnished under this contract shall be equal in every respect to the sample copies furnished to , County Superintendent of said count}', as provided in Section 57a, Chap- ter 45 of the Code, and no changes shall be made in said books during the period of this contract except such revisions as are necessary to bring geographies and histories up to date in matter. Third, it is further stipulated and agreed that the said party of the second part shall print and furnish to the county superintendent of said county as many copies of a schedule of the prices and terms of the books herein adopted as there are teachers and school officers in the county. Fourth, it is further stipulated and agreed that said party of the second part shall make no charge for boxing or carting any books sold under this contract but all said books shall be delivered properly packed and in good condition, free of charge, on board the cars at , in the county of and State of School Law op West Virginia 123 Fifth, it is further stipulated and agreed that said party of the second part shall take back all books sold under this contract and re- maining in good condition in the hands of boards of education, de- positaries, or agents of the School Book Board or boards of education, at the expiration of this contract, and refund the amount paid there- for. Sixth, it is further stipulated and agreed that all the provisions of said Section 57a, Chapter 45 of the Code of West Virginia, whether incorporated in this agreement or not, shall be binding on the parties thereto, and shall be taken, treated, and deemed as a part of this eon- tract. In testimony whereof witness the following signatures this •day of , 19. . .. The School Book Board op County, f . . . : , Pres. By^ . I • , Secij. , Publisher, By INDEX, Page. Additional Months of School, how to make levies for 49 Adoption of Text-Books 63 Account of Examination Fund 37 Age Requirement for Teachers 34 Age Limits for Compulsory Attendance 18 Age Limits for Legal Attendance 17 Age, Classification of Youth with regard to 27 Agricultural College 75 Agricultural Experiment Station 79 establishment of and provisions relating to 79 bulletin issued by 80 Alcoholic Drinks and Narcotics: effect upon human system, instruction in 20 to be taught as thoroughly as other branches 20 penalty for failure to provide instruction in 20 teacher to be examined in 20 Amendment to Constitution Concerning School Fund 8 Annual Levy for Teachers' Fund 47 Annual Meeting of Board, order of proceedings ■» 107 Annual Settlement, County Clerk's 54 Annual Settlement of Sheriff with County Court 54 Appeal from Board of Examiners or County Superintendent 36 Appeal from Decision of Board Concerning Boundaries 16 Appointment of School Book Board 62 Appointment of Trustees 13 Apparatus, Furniture, Etc.: to be provided by Board of Education 44 to be kept in good order and repair 44 Appropriation for Institutes 42 Assessor: to certify value of personal property ; when 50 penalty on for failure to certify value of personal property 51 penalty on for charging more taxes than due 51 fines against, how recovered 51 foi'm to be used in making out delinquent list 55 certificate of, the basis for school levy 50 to furnish list of property in sub-district 32 to register deaf and blind persons 89 Attendance at Institute, compensation for 41 Sec. 41 11 4 10-a 10 19 76 86 a 86-a 86-a 11-a 11-a 11-a 11-a 40 46 46 9 9 57 4 34 34 30 44 44 44 47 42 26 98-a 30 Page. Sec. 50 42 56 48 136 Index Auditor: not to pay State fund to districts not making levy. delinquent list to be certified to to include school taxes on real estate in delinquent list furnished sheriff 57 49 to deduct salary of State Superintendent from Gen- eral School fund . 70 60 to certify to State Superintendent amount of Gen- eral School fund for distribution 70 61 to issue warrant for amount of General School fund due county; when 71 Q2 to report condition of School fund to State Super- intendent; when 73 68 is custodian of the School fund securities 75 74 fees from examination sent to 37 11 Ballot Commissioners: (See Board of Ballot, Commissioners') Ballots: special; when and for what purpose 11 2 for question of school levy 12 2-a Basis for School Levy 50 42 Bills Contracted by Trustees; how paid 25 16 Bluefield Colored Institute: name, appropriation and provisions for 100 1-5 branches to be taught in lOl 6 Blank Record Book for Trustees: furnished by whom 25 16 Board of Ballot Commissioners: special provisions as to ticket 11 2 duties of 12 3 Board of Education: who constitute 10 2 members of to qualify, when 13 5-a members not eligible to other school offices 10 2 tie in election of, how decided 11 2 president of to elect County Superintendent in case of a tie vote 11 2 applica(tion of to Board of Ballot Commissioners .... 11 2 to submit question of longer school term 11 2 how to make required levies 11 2 time of first annual meeting 13 6 a quorum shall consist of what 14 6 members of must not be interested in school con- tracts 44 34 vacancies in, how filled and for what time 13 5. to determine number of teachers to be employed .... 13 6 cannot transact business without quorum, except. ... 14 6 compensation of members of 14 6 Index 127 Page. Sec. a corporation with corporate rights 14 7 may receive, hold and dispose of what 15 7 process may be served upon 15 7 to have control and supervision of schools in district 16 9 shall appoint a secretary 15 8 may change boundaries of sub-districts 16 9 to cause school to be kept in each sub-district 17 10 to employ teachers; when 17 10 to have revision of acts of trustees. 20 12 to pay tuition for transferred pupils 21 12 may declare teacher's contract illegal 21 13 to furnish blank record book for trustees 25 16 order of proceedings for first annual meeting 107 to apportion School fund to colored pupils 26 IS, to order unauthorized texts discontinued 68 57 may be compelled by mandamus to divide fund 26 18 to require the enumeration of school youth 26 19 charged with duty of moral training 43 32 to provide suitable houses and grounds 44 34 not to be interested in contract for repairing or building houses 44 34 may establish joint schools 44 34 judgment or decree against, for money 46 37 indebtedness of, must be paid how 47 38 to make estimate of amount necessary to be levied . . 48 38 to determine rate of taxation necessary for teachers' and building fund 51 44 may be compelled to levy 49 40 must not contract debt 51 45 to levy for teachers' fund 48 40 to require secretary to publish statement : . 52 45 to make settlement with sheriff 54 46 fined for refusing to make settlement with sheriff. ... 58 52 members liable to fine for neglect of duty 69 59 members not to act as agents 65 57 to pay for books and transportation out of building fund 67 57 may remove depositary 67 57 may purchase books from pupils 67 57 may provide free text-books 68 58-a to enter order for free text books 69 58-a liable for amount of books furnished depositories .... 67 57 may purchase flags 103 Board of Examiners: of whom composed , 3G 11 qualifications of members 36 11 members of, how nominated, when elected, term .... 36 11 compensation of members 37 11 vacancies in .' 37 11 138 Index Page. Sec. (See also State Board of Examiners.) Board of the School Fund: fixed by constitution 8 of whom composed 73 69 organization of 73 69 meetings of, where held 73 70 to recover money due school fund; how 74 71 may appoint agents 74 72 to invest the School fund 74 73 auditor to be accountant of 75 74 certain stocks transferred to 74 73-a Board of Regents: of the University 76 78 of the Normal Schools 80 87 of the Montgomery Preparatory Branch 98 of the Keyser Preparatory Branch 101 , of the West Virginia Colored Institute 91 98-b of the Bluefield Colored Institute 100 of the Institution for the Deaf and Blind 85 98-a of the Reform School 93 98-c Bonds: vote of people necessary to issuing of 52 45 constitutional provision 6 publisher's bond 65 57 depositary's bond 65 57 County Superintendent's bond 59 53 contractor's bond 44 34 special bond to be given by sheriff 53 46 payment of interest and principal •• 47 38 Books: f65 57 officers and teachers not to be agents for, except .... ^„-. ;.„ price to be fixed 63 57 notice to be sent State Superintendent 63 . 57 not more than one book changed, except 64 57 invoices of books ; 66 57 old books to be received in exchange 68 57 paid for out of building fund 67 57 free text-books 68 58-a secretary to have control of free text-books 69 58-a teachers to distribute free text-books 69 58-a unauthorized books to be discontinued 68 57 paid for out of building fund 67 57 may be purchased from pupils 67 57 money from sale of books credited to building fund. .67 57 superseded books 68 57 Book Board: how appointed, terms, of office 62 57 Index 129 38 38 39 57 57 38 38 82 83 Page. Sec. when appointed '. 62 57 compensation 62 57 vacancies, how filled 62 57 quorum 62 57 secretary, duties of 63 57 meetings of • 63 57 to make contracts for books 63 57 Branches to be Taught in Primary Schools 19 11 Branches in Which Teachers to be Examined 34 4 Bribery of District School Officers, how punished 22 13 Building Fires 43 32 Building Fund: maximum rate of levy for 47 for what purpose to be used 47 from what sources derived 48 money from sale of books credited to 67 books and their transportation to be paid out of ... . 67 additional levy, how provided 47 payment of debts against 47 Cadets : appointment of 77 to have free text-books 78 Capitation Tax: how appropriated 6 exemption from 6 Calendar of School Year Front Certificates, State: (See State Certificates.) Certificates : grades of 35 grade to determine rate of salary 14 teachers must file duplicate of 36 valid in any county 35 by whom signed 35 duration of each grade 35 may be revoked - 35 Changes in Sub-Districts 16 by whom and when made 16 appeal to County Superintendent concerning 16 Clerk of County Court: to call meeting to elect County Superintendent in case of tie 11 to give notice of such meeting 11 to certify valuation of real estate ; when 50 to certify delinquent taxes 57 to place delinquent list of personal property in hands of sheriff 57 to keep record of settlement with sheriff 57 5 6 10 6 6 7 5 9 9 9 2 2 43 48 51 52 130 Index Page. Sec. to transmit' to State Superintendent abstract of an- nual settlement .58 52 to certify to State Superintendent name of County Superintendent 59 53 levies for school purposes to be reported to 9 7 Classification of Youth with Regard to Age 27 19 Colored Schools: trustees to establish when 25 17 to receive proportion of district funds 26 17 secretary to make report of 28 21 trustees to make report of 28 20 white children not to attend 25 17 union of two or more sub-districts, to establish 26 17 secretary to make report of 29 21 training teachers of 84 96 Colored Teachers 84 96 Commission, Sheriff's for Collecting District Levies :.. 57 52 Commission of Sheriff for Receiving and Disbursing Rail- road Taxes 54 46 Commission, Depositary's • GG 57 Commissioner, School: when elected, term, commencement of 10 2 Commissioners of Election, duties of 12 3 Compensation: i of members of Board of Examiners 37 11 of members of Board of Education 14 6 of State Board of Examiners 39 29-a of truant officers 19 10-a of teachers for institute attendance 41 30 of institute instructors 41 30 of president of board 43 33 of secretary of Board of Education 16 8 of School Book Board '62 57 Compulsory Attendance : non-attendance; what constitutes 18 10-a truant officers ^ IS 10-a exemptions from - 18 10-a fines for non-attendance 19 10-a teachers and principals to report 18 10-a Condemning Land for School Purposes 45 36 Condition of Permanent School Fund to be Reported to State Superintendent 73 68 Constitutional Provision: relating to magisterial districts 5 27 relating to Permanent School fund 7 4 relating to State Superintendent 7 2 relating to State officers 5 1-2 relating to county officers G 4 relating to taxation 6 2 Index ' 131 Page. Sec. relating to indebtedness 7 relating to general supervision 7 relating to County Superintendents 7 relating to Board of School fund 7-8 relating to provision for free schools by Legislature S relating to levies 9 relating to school officers 9 relating to independent districts 9 relating to normal schools 9 relating to improvements 9 Contracts : form of between teacher and trustees 113 school officers not to be interested in ... 44 ?4 form' of, with publishers 122 bonds of publishers ) County Court: to pass upon special bond 53 46 delinquent list to be returned to 56 48 to certify delinquent lists to assessor . 56 48 to make settlement with sheriff or collector 57 52 County Officers Subject to Indictment — Constitution 6 County Superintendent: election of and term of office 10 constitutional provision concerning . 7 qualifications of , 58 53 commencement and length of term of 59 53 who to be elected in case of tie 11 2 salary of, how paid 58 53 salary for last quarter paid when 59 53 bond of 59 53 to notify State Superintendent of his election 11 2 ' to visit all schools in county yearly 60 54 to acquaint himself with the schools 60 54 to acquaint himself with school-house architecture.. 45 35 to cast vote in case of tie for member of board .... 11 2 vacancy in office of, how filled 59 53 to pay salary of secretary 16 8 to certify to State Superintendent valuations and levies 16 8 appeal to concerning district boundaries 16 9 action of in above case 17 9 action of when enumeration has not been taken .... 27 19 to certify enumeration to State Superintendent .... 27 19 . n f61 56 to make annual report to State Superintendent -! nq oo to nominate members of Board of Examiners 36 11 to collect examination fees 37 11 to remit balance of fees to Auditor 37 11 133 Index Page. Sec. to send manuscripts sealed 34 • i to countersign certificates 35 6 to name place of examination 34 2 to make report to State Superintendent after exam- inations 37 11 to forward institute fees to auditor 41 30 to advise State Superintendent regarding county in- stitutes 41 30 to determine location of school-house; when 44 34 to approve plans of new school-houses 45 35 to advise boards concerning school-house furniture and fixtures 60 54 to aid teachers in improving themselves 61 55 to encourage and aid institute work 61 55 to certify attendance at district institutes to secre- taries 59 53 • to form union institutes 61 55 to arrange for and conduct district institutes 59 53 to conform to instructions of State Superintendent. . 61 55 to distribute school supplies for his county 61 55 to report districts failing to make levy 61 56 to report districts failing to make returns of enumer- ation 61 56 to record his proceedings in well-bound book 61 56 to' apportion General School fund to districts 70 61 to issue requisition for amount of School fund due district 71 62 to give consent to sale of property 43 33 to call meetings of County Book Boards 63 57 County Taxes not to exceed, etc 6 Course of Study: for country and district schools prescribed by State Superintendent 19 11 order and arrangement of 19 11 County Superintendent to enforce uniformity 60 54 Course of Study for Institute Work 41 30 Course of Professional Study: to be prescribed by State Superintendent 41 30 to embrace what 41 30 teachers to be examined in 41 30 Credit to Students Prohibited 85 98 "Davies' Facts in Civil Government." Optional Text-Book.... 103 Daily Registers to be Kept by Teacher 40 30 Deaf and Blind, West Virginia Schools for 85 98-a Deaf and Blind Persons to be Registered by Assessor 89 98-a Debt, Constitutional provision concerning 7 D^ebt Cannot be Contracted by Board of Education 51 45 Debt May Be Created in Certain Cases 52 45 Index 133 Page. Sec. Delinquent List: to be certified to Auditor 56 48 to be certified to Secretary by County Clerk 57 48 of personal property, forms for 56 47 * Delinquent Taxes to be Credited to Slieriff 54 46 Depositaries: to be appointed by Board of Education 65 57 to make payments to sheriff 66 57 to give bond 65 57 board may remove 67 57 commission of 66 57 to turn over superseded books to board . .' 68 57 to make out list of text-books needed 66 57 Depositories for Text-Books 65 57 Disbursements by Sheriff: of State School fund 53 46 of railroad taxes 54 46 Disbursements, Statement of to be Published by Secretary of Board 52 45 Directors of Joint High Schools, report of 32 26 Discontinuance of Schools 22 13 District Schools 5 and 10 Distribution of General School Fund ; 70 60 District Institutes 59 53 District Boundaries: appeal to County Superintendent concerning 16 9 action of County Superintendent in such case 16 9 (See also Changes in Sub-District.) Disturbances of Schools, Societies, etc 24 15-a penalties for 24 15-b Division of Magisterial Districts into Sub-Districts 16 9 Donated Lands, title to 46 37-a Duplicate Certificate to be Filed 36 10 Duplicate Receipts to Depositaries by Sheriff 66 57 Duties of Assessor 50 43 Duties of Ballot Commissioners 12 3 Election: of County Superintendent 10 2 of president of Board and Commissioners 10 2 when to be held 10 2 ballots for, what to be written or printed thereon. .11 2 special, when and for what purpose 11 2 special for levy 12 2-a election days holidays 104 vote upon question of high school 30 24 vote upon -question of increased levy for graded school 32 26 vote upon question of longer term 11 2 134 Index Page. Sec. officers of, liability of 12 3 special for school purposes 11 2 Election of Members of Board, tie vote, how decided 11 2 Endorsement of School Order by Sheriff , 55 46 Enrollment Fee, Institute 41 30 ' Enumeration of Youth: how, when, and by whom to be taken 26 19 to be required by board 26 19 to be certified to State Superintendent by County Superintendent 27 19 penalty for not taking 27 19 in case of transfers .__. 20 12 to be taken in two classes 27 19 blanks for to be furnished by State Superintendent. . 27 19 Examination of Teachers: age and other qualifications 34 4 in what branches 34 4 grading manuscripts 34 5 when and Vv^here to be held 34 2 grades of certificates 35 5 general regulations and control vested in State Su- perintendent 33 1 right of appeal •. 36 8 penalties for cheating in 35 8 (See also State Board of Examiners.) Examination in Course cf Professional Study 41 30 Examination Fees: to be sent to Auditor ' 37 11 to be collected by County Superintendent 37 11 Examination Fund 37 11 Examination Questions, fines for tampering with f. . . 35 8 Examiners, Board of 36 11 Exemption: from compulsory attendance 18 10-a of teachers from institute attendance 42 30 of school -lands from taxation 46 37 of school lands from execution or other process .... 46 37 from capitation tax 6 of teachers from certain duties 27 19 Exclusion from School by Trustees 22 13 Expenses of State Superintendent 71 63 Experiment Station, Agricultural 79 86-a Expulsion or Suspension of Pupils 22 . 13 Expulsion, review of such action 22 13 Fees: institute ._ 41 30> examination 37 11 Failure of Publishers to Fulfill Contract 64 57 Index 135 Page. Sec. Fines: for non-compliance with compulsory attendance law 18 10-a to be remitted to sheriff 19 iQ-a for tampering with examination questions 35 g for failure to teach nature of alcoholic drinks 20 11-a against school officers for being interested in con- tracts 45 34 against assessor, how recovered 51 44 against assessor for over-charge of taxes 51 44 against assessor for failure to deliver certificate 51 . 44 against members of board for failure to make settle- ment 58 52 against sheriff for failure to make settlement &7 52 for using unauthorized text-books 68 57 for violating county text-book law 69 59 against members of School Board for neglect of duty 09 59 ( 15-a for molesting or disturbing schools 24 -1^,-^ ) 15-D Fires, trustees to provide for building 43 32 Flags : may be bought '. .' * ' 103 trustees to cause teachers to keep displayed . . .- 103 Forms : of delinquent list 55 47 of County Superintendent's requisition 71 62 of assessor's delinquent list of personal property ... 56 47 of county clerk's delinquent list of real .estate 56 47 of record to be entered by board 108 of appointment of trustees . . . • 108 of order to fill vacancy in Board of Trustees 110 of order to "fill vacancy in Board of Education 110 of oath of office HO of sheriff's annual settlement HI of call for special meeting HI of transfer of pupils 112 of contract between teacher and trustees ' 113 of County Superintendent's certificate to Auditor 115 of County Superintendent's certificate to secretaries 115 of County Superintendent's certificate of the State . fund 116 of Assessor's notice of valuation of personal property 117 of County Clerk's notice of assessed valuation of real estate US of County Clerk's notice of delinquent lists 118 of secretary's notice of rate of levies 114 of truant officer's notice 119 of truant officer's statement to sheriff 120 of School Book Bond 121 136 Index % Page. Sec. of text-book contract 122 Forfeits : by County Superintendents for what 59 53 by teachers using unauthorized text-boolvs 6S 57 for failure to return term register 40 30 Free Schools: duty of Legislature concerning 7 1 who may attend 17 10 levies for to be reported to clerk of county court .... 9 7 white and colored persons not to attend same school 25 17 persons connected with not to be interested in sale "^'^^^^^ je'i 57 person above twenty-one years .of age may attend when 17 10 may be discontinued under thirty-five per cent, rule 22 13 penalty for molesting or disturbing 24 15-b Free Text-Books: board may purchase 68 58-a to be kept by secretary 69 58-a contract and care of '. 69 58-a teachers to distribute 69 58-a pupils to replace books destroyed 69 58-a secretary's remuneration 69 58-a Funds to he Divided 26 18 Furniture, Fixtures and Apparatus: to be provided by board 44 34 to b6 kept in good order and repair 44 34 General Supervision of Schools 7 General School Fund: to be apportioned among districts by County Super- intendent 70 61 when distributed 70 60 from what sources derived 70 60 duties of Auditor and State Superintendent con- cerning 70 61 requisition on Auditor 71 62 form of requisition 71 62 Governor : to appoint regents of State University 76 78 to fill vacancies, board of regents, university 76 78 to appoint regents of normal schools 80 87 10 appoint regents of schools for Deaf and Blind .... 85 9S-a to appoint directors of Reform School 93 98-c to fill vacancies in Reform School Board 93 98-c to appoint regents of Bluefield Colored Institute.... 100 Index 137 Page. to appoint regents of the West Virginia Colored Institute 91 Graded Schools: may be established ; how 32 levy for 32 extension of term in 32 Grades of Certiiicates 35 Grading Manuscripts 34 Graded Course of Institute Work 41 High Schools: mode of establishing 30 additional levy for 31 joint high schools 31 directors of joint high schools 31 directors' report 31 discontinuance of 22 Holidays : election days 104 ( 43 days designated -^ -. q i_ Houses and Grounds: to be provided by board of education 44 (49 Increase in length of school term <-.-. levy for 12 Indebtedness: constitutional provision concerning 6 amount of limited for counties, cities, school dis- tricts, etc , 105 against teachers' fund, how paid 47 against building fund, how paid 47 Indebtedness of Board of Education, how paid 47 Independent School Districts: constitutional provision concerning 9 not to receive part of State fund unless levy has been laid 50 Indictment of Officers 6 Institutes, County: County Superintendent to provide for 61 purpose 40 compensation for attendance 41 instructors for 41 enrollment fees 41 report of 41 graded course of work for 41 who exempt from attendance 42 failure to attend 42 Sec. ?-b 26 26 26 5 5 30 24 24 25 25 26 13 31. 34 41 2 38 3S 42 4 55 30 30 30 30 30 30 30 30 138 IXDEX appropriation for time of ' holding Institute Fees; to be forwarded to Auditor 41 Institute Instructors: qualifications of 41 compensation of 41 Institutes, District: pay for attendance upon, wlien 59 Institute Reports • 41 Instructors, Institute 41 Interest on Bonds, payment of 47 Investment of Permanent School Fund 8 Invoices of School Books 6G Irreducible School Fund : (See Permanent School Fund.) Interruption of Schools, Societies, etc., penalty for 24 Issuing Bonds, vote of people necessary 52 Joint Colored Schools 26 Joint High Schools 32 Joint DistriQt Schools 44 Joint Property, title to 44 Judgment or Decree against Board of Education 46 Judgment against Sheriff 55 Justices to Remit Fines to Sheriff 19 AGE. Sec. 42 30 41 30 30 30 30 53 30 30 38 4 57 15-a 45 17 25 34 34 37 46 10-a Keyser Preparatory Branch: (See Preparatory Branch.) Kindergarten Schools: may be established . 33 teachers in 33 Lands for School Purposes: Boards of Education to purchase 44 how to. be condemned 45 how may be sold 46 title to certain lands 46 exempt from taxes 46 exempt from execution or other processes 46 Legal Age of Pupils 17 Legislature : must provide for Free Schools, constitution 8 shall encourage moral and educational improvement 9 must make suitable provision for whom 9 to prescribe length of term of State officers 5 Levies for School Purposes to "be Reported to County Clerk. . 9 Levy : additional for high school .' 31 26-a 26-a 34 36- 37-a 37-a 37 37 10 12 12 8 24 ♦ Index 139 Page. Sec for building fund, maximum rate of ... 47 38 additional for building fund, how provided 47 S8 for teachers' fund 48 40 for joint high school 31 25 for increased term 12 2-a ballot for question of school levy 11 2 how long to continue after election 11 2 special may be made for high schools . . .■ 49 40 for building fund 47 38 for support of schools 48 40 for a longer term than six months 49 41 special for indebtedness 47 38 necessary, to get State fund 50 42 assessor's certificate basis of 50 43 (11 2 special election for < ^9 o-a Levy for Graded School 32 26 vote upon increase thereof 32 26 Levy, failure to make 12 2-a Levy Voted Down 11 2 Liens on Real Estate for District Levies 57 50 Limit of Indebtedness for Counties, Cities, Etc 105 Local Levy Must be laid or State Fund Withheld 50 42 Location of School Houses: to be determined by* whom^ 16 9 (11 2 Longer Term, vote upon question of < ^ ^ o.a Magisterial District: constitutional provision concerning 5 27 to be school district 10 1 to be divided into sub-districts 10 1 not to receive part of State fund unless levy has been made 50 42 Manual and Graded Course of Study 19 , 11 Manuscripts to be Sent Sealed .• . 34 4 Maximum Rate of Levy for Building Fund 47 38 Maxim^um Rate of Levy for Teachers' Fund 49 40 Maximum Rate of Taxation by ' County '6 7 Meetings of State Board of Examiners 38 29-a Minimum School Term 48 40 Montgomery Branch of University: (See Prepai'atory Branch.) Moral Training . 43 32 Narcotics and Alcoholic Drinks 20 11-a Neglect of Duty on Fart of Board Finable 69 59 New Branches of State Normal Schools Forbidden 9 11 Non-Attendance : what constitutes IS 10-a 140 Index Page, Sec. fine for 18 10-a » teachers and principals to report 18 10-a Normal Schools: (See State Normal Schools.) Oath of Office 5 required by constitution 5 when to be taken 5 secretary of board may administer 16 8 Oath of Sheriff to Delinquent List 56 47 Office of State Superintendent to be kept where 72 64 Officers: not to be personally interested in contracts 44 34 may be removed for what 5 subject to indictment for what 6 fine, when other penalty is not fixed 69 ^ 59 truant 18 10 Officers of Election, liability of 12 3 Order and Arrangement of Course of Study 19 11 Order of Business for Meetings of Board of Education 107 Optional Text-Books 103 Payment of Teachers ■ 40 30 Penalty : for interrupting or disturbing a school 24 15-a for failure to take enumeration 57 52 upon Sheriff for failure to make settlement 57 52 for cheating in examination 35 8 for failure to return term and daily register 40 30 for non-attendance at institute 42 30 on trustee for receiving money for vote 22 13 Permanent School Fund: constitutional provision concerning (amendment) ... S condition of to be reported to State Superintendent. . 73 68 board t)f , of whom composed 8 auditor to ascertain what sums have accrued 74 73 how to be invested 74 73 stocks transferred to 74 73-a Physiology and Hygiene, requirement concerning 20 11-a Plans for New School Houses to be Approved by County Superintendent 45 35 Power of Legislature in Taxation 6 Preparatorj' Branch of the University (at Montgomery) : name 98 1 appropriation for 98 2 regents of 99 2 powers of regents 99 3 board to let contract ; 99 4 property vested in board 99 5 Index 141 Page. Sec. teachers 99 7 tuition, how applied 99 8 Preparatory Branch of the University (at Keyser) : name • 101 1 appropriation 101 2 board of regents 102 2 counties represented on board 102 2 building 102 3 property vested in board 102 4 branches to be taught 102 5 tuition 102 5 salaries of teachers 102 6 tuition for additional branches 102 7 money for tuition, how used ". . 103 § Keyser to donate to school 103 9 auditor to issue warrants , 103 10 secretary and treasurer 103 11 executive committee 103 11 per diem and expenses of board 103 12 Preparatory Department of the University ; . . . 77 81 President Board of Education: compensation of 43 33 when elected, length of term 10 2 term begins when 10 2 to sign orders upon sheriff 14 6 to elect Board of Examiners 36 11 to visit school houses and make reports 43 11 to fill vacancy in office of County Superintendent. ... 60 53 to sign list of books needed 66 57 to elect County Superintendent, in case of tie vote. . 11 2 Primary Schools: branches to be taught in 19 11 Proceeds of Sale of School Property 43 33 Process on Board of Education, how served 15 7 Professional Study, Course of: (See Course of Professional Study.) Property Vested in Board of Education 15 7 Prosecuting Attorney: duty when sheriff fails to make settlement ' 58 52 Publishers: who fail to fulfill contract 64 57 to give bond on county contract 65 57 to send books promptly 66 57 to make out two bills of books 66 57 Publisher's Contract 65 57 Pupils: must attend school twenty weeks 18 10-a to replace free books injured or destroyed 69 58-a legal age of 17 10 142 Index Page. Sec. may be expelled or suspended 22 13 pay pupils '. 17 10 Purchases by Trustees 25 16 Qualifications of County Superintendent 58 53 Qualifications of State Superintendent 71 63 Questions and Manuscripts 34 4 Quorum : of trustees 25 16 of School Book Board 62 57 of Board of Education 14 6 Railroad Taxes 54 46 Rate of Taxation for Teachers and Building Fund Deter- mined by Board of Education 51 44 Rates of Levy to be Certified to State Superintendent by County Superintendent 16 8 Record of Settlement with Sheriff, County Clerk's 57 52 Record of Secretary of Board 15 8 Record, County Superintendents' 61 56 Records of Board of Education 15 • 8 Record of State Board of Examiners 39 29-a Recovery of Money Due School Fund 74 71 . Reform School: board of directors 93 9S-c president of board 94 98-c quorum 94 98-c rules and regulations 94 3S-c directors' report 94 98-c manner of commitment 94 98-c male minors committed 95 98-c data to be annexed to commitment 95 98-c guardian ad litem 95 98-c male inmates only 96 98-c children may be bound out as apprentices 96 9S-c commission to select site for 96 98-c appropriation for site and buildings 96 98-c boys to remain till of age or reformed - . . 97 98-c criminal boys may be sent to penitentiary 97 98-c governor may commute sentence 97 98-c persons assisting inmates to escape 97 98-c ofiicers to arrest 98 98-c fees and charges 98 98-c Regents: of State University 76 78 of State Normal Schools 80 87 of Preparatory Branch at Montgomery 98 of Preparatory Branch at Keyser 101 Index 143 Page. Sec. of schools for Deaf and Blind 85 98-a of Bluefield Colored Institute 100 of West Virginia Colored Institute 91 98-a Regents of the University, vacancy on board 76 78 Registers : term and daily 40 30 to be returned 40 30 penalty for failure to return .' ' 40 30 Relationship, law concerning in employing teachers 21 13 Removal of Officers 5 Removal of Trustees 22 13 Removal of Teachers • • ■ • • , 21 '13 Reports : of trustees 28 20 of teacher, monthly 40 30 of secretary 28 21 County Superintendents', of enumeration 27 19 County Superintendents' to State Superintendent ... 29 22 of truant officers 19 10-a of principals of normal schools 84 95 of State Superintendent to Governor 73 67 of county institutes .' 41 30 Revokement of Certificates 35 5 Revision of Action of Trustees 20 12 Right of Appeal in Examinations 36 9 Salary of State Superintendent: 71 63 • .• to be deducted from General School fund 70 60 Salary of County Superintendent 58 53 how 'determined 58 53 for last quarter, paid when 59 53 Salary of Secretary of Board of Education 16 8 paid by whom 16 8 Salary of Teachers: rate of to be determined by grade of certificate 14 6 fixed by Board of Education 14 6 minimum of . 14 6 of truant officers 19 10-a of institute instructors 41 30 Sale of Property: consent to by County Superintendent 43 33 proceeds of sale 43 33 Sale of School Houses at Public Auction 43 30 Saturday not Included in School Month '. 40 30 Schools: kindergarten 33 26-a may be discontinued ; when 22 13 separate for colored pupils 25 17 (See also Free Schools.) Page. Sec. 17 10 62 57 62 57 62 57 62 57 62 57 63 57 63 57 63 57 64 57 64 57 64 57 64 57 50 42 70 61 71 62 144 Index School Age School Book Board: general provisions in regard to members of, how appointed compensation of quorum vacancies, how filled ' first meeting of secretary of to secure terms and fix retail prices action in case publisher fails to carry out contract . . not to change more than one book or series in one year, except •. . . to meet three months before expiration of contracts . . dealers to get same prices as boards School Fund, the General: local levy necessary to get share of amount for distribution to be certified by Auditor . . . warrants to be issued by Auditor ; when Auditor to report condition of to State Superintend- ent; when 73 68 School Fund, the Permanent: (See Permanent School Fund.) School Houses: use of for other than school purposes 23 15 to be provided by Board of Education 44 34 to be examined by president of board 43 33 how to be located 16 ' 9 for union schools, how provided 44 34 plan to be approved by County Superintendent 45 35 how sold at public auction 43 33 proceeds of sale 43 33 title to property on which are located 44 34 School Laws to be Published and Distributed 72 65 School TuBYj: ballot used in voting on 12 2-a (See also "Levy.") School Month: consists of twenty days 40 30 does not include Saturday 40 30 School Officers: not to be interested in contracts 44 34 not to act as agents 61 57 not be interested in sale of books — Constitution .... 9 School Order: endorsement of by Sheriff 55 46 School Privileges, who may have them 17 10 School Supplies to be Distributed by County Superintendent ■ 61 55 Index 145 Page. Sec. School Term: trustees may order to begin any month 50 41 (49 41 increase in length of <-^-^ 2 minimum length of 49 40 School Year: to commence and end, when 30 23 all settlements to be made with reference to 30 23 calendar of Front Secretary of Board of Education: appointment of 15 8 to give notice of special election 12 2 to sign orders on Sheriff 14 6 may administer oaths 16 8 official records to be kept by 15 8 to publish abstra.ct of proceedings, when 15 8 to certify value of property, rate and amount of levy 15 8 to keep record of enumeration and to certify to ... . 27 19 to make report of colored schools 28 21 to file teacher's term register 40 30 to publish statement 52 45 compensation of 16 8 remuneration for report 29 21 report to County Superintendent 28 21 additional report to County Superintendent 28 21 to sign depositary's list of books 66 57 to have charge of free text-books and deliver same to teachers 69 58-a remuneration for handling free text-books 69 58-a Secretary of County School Book Board: County Superintendent to be 62 57 to keep record of business 63 57 to keep record of votes 63 57 to report to State Superintendent 63 57 to furnish State Superintendent with names of publishers 64 57 Settlement of Sheriff: with county court 54 46 with boards of education 54 46 Settlement to be Made with Reference to School Year 30 23 Sheriff: to receive, collect and distribute school moneys 53 46 required to give special bond; when 53 46 to collect levies on boards of education 51 44 to pay teachers monthly 40 30 to serve notice on members of Board of Education. . 11 2 annual settlement of, with County Court 54 46 146 Index Page. to keep accounts with, the several boards of education 53 settlement of, with boards of education 54 to be credited with delinquent taxes 54 to be credited with all vouchers on hands 54 not to receive pay for disbursing State fund 54 commission of for disbursing railroad taxes 54 judgment against may be obtained; how 55 may be required to endorse school order 55- to return delinquent lists 55 oath of, to delinquent lists 56 to receive delinquent lists of personal property .... 57 commission for collecting district levies 57 liable if he refuse to pay order 55 penalty for failure to make settlement 57 duty of on making annual settlement 57 action to be taken against by prosecuting attorney; when 58 to give duplicate receipts to depositaries 66 to receive portion of General School fund 71 to turn over balances to successor 58 truant officers to report to 19 Special Bond of Sheriff 53 Special Election for Lev3^ 12 Special Levy 49 Special Election for School Purposes 11 secretary to give notice of 12 State Board of Examiners: of whom to consist 38 how appointed and term 38 meetings and stated examinations 38 grades of certificates granted by 38 certificates issued by to graduates, etc 39 compensation and traveling expenses 39 certificates valid where 39 certified account of to State Superintendent 39 fee charged applicants 39 record of proceedings of 39 State Certificates: classes of 38 to whom issued 39 countersigned by State Superintendent 39 valid in any school district 39 fees for * 39 Statement to be Published by Secretary of Board; when 52 State Normal School and Its Branches: constitutional provision concerning 9 establishment of 80 . rules and regulations 81 regents of, how appointed ; duties 80 Sec. 46 46 46 46 46 46 46 46 47 47 51 52 46 52 52 52 57 62 52 10-a 46 2-a 40 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 29-a 45 87 88 87 Index 147 • Page. number of students appointed 81 executive committee of, how appointed; duties 82 branch of at Fairmont 82 branch of at West Liberty 83 branch of at Glenville 83 branch of at Shepherdstown 83 branch of at Concord 83 report of principals of 84 students admitted 81 earnings of .... 1 84 no new branches to be established 9 unearned portion of appropriation for 85 dealing with students of 85 State Superintendent: constitutional provision concerning 7 qualifications of 71 expenses, limit of 71 to have general regulation and control of Uniform Examination System 33 may revoke certificates 35 to prescribe Manual and Graded Course 19 to prescribe and furnish blanks for taking enumer- ation 27 to countersign certificates 39 to prescribe form of registers 40 to fix place of holding institutes 41 to employ institute instructors 41 to prescribe graded course of institute work 41 to draw warrants on Auditor for County Super- intendents' salaries 59 to ascertain amounts of General School fund by counties 70 salary of, how paid 71 office of to be kept where 72 to provide seal for his office, etc 72 to sign requisitions of Auditor 72 to have supervision of County Superintendents .... 72 to prescribe and prepare all forms and blanks 72 to publish and distribute school law 72 to correspond with educators and school officers.... 72 to make report to Governor 73 member of Board of School Fund 73 member of Board of Regents Bluefield Colored In- stitute 100 member of Board of Regents West .Virginia Colored Institute 91 member of Board of Regents State Normal Schools . . 80 member of Board of Regents Montgomery Prepar- atory Branch 98 Seo. 88 89 90 91 92 93 94 95 88 96 11 97 98 63 63 1 5 11 19 29-a 30 30 30 30 53 61 63 64 64 64 65 65 65 66 67 69 87 148 Index • Page. member of Board of Regents Keyser Preparatory Branch 101 to prepare diplomas for normal schools 82 to notify County Superintendents of failure of pub- lishers 64 State Tax: (See Taxation.) Students : giving credit to prohibited 85 Sub-Districts : change in 16 appeal from decision of board concerning boundaries of 16 Substitute Teachers 38 Suit by Trustees 23 Suspension and Expulsion of Pupils 22 Supervision, General of Schools 7 Tax: capitation, how appropriated 6 capitation, exemption from 6 state, rate of 70 Taxes, County, not to exceed, etc 6 Taxation : maximum rate of by counties 6 power of Legislature in 6 Teachers : schools must be provided with 17 required to pass examination in certain branches .... 34 form of contract between trustees and 113 may be removed for what 21 how to be paid 40 to keep daily register 40 to keep term register 40 to make monthly reports 40 to take enumeration 26 charged with duty of moral training 43 exempt from certain duties 27 exempt from institute attendance; when 42 to be examined in physiology and hygiene 20 substitutes for ^ 38 not to act as agents 61 liable for using unauthorized text-books 68 to exercise general control over free text-books .... '69 failing to attend institute 42 colored, training of 84 fine for violation of law 69 penalty for failure to attend institutes 42 pay for attending county institute 41 Sec. 57 98 9 28 15 13 60 10 4 13 30 30 30 30 19 32 19 30 11-a 28 57 57 58-a 30 96 59 30 30 Index 149 Page. Sec. pay for attending district institute 59 53 to display flag 103 in Icindergartens 33 26-a number of in district 13 6 employed by whom 21 13 Teachers' Certificates : (See Certificates.) Teacher's Contract: form of 113 to be furnished by State Superintendent 21 13 with whom to be filed 21 13 certain persons excluded from contracting 21 13 Teachers' Fund: annual levy for 48 40 maximum rate of levy for 49 40 used only to pay . salaries 49 40 board compelled to lay levy for 49 40 special levy for, when made 49 40 Teachers' Institutes: (See Institutes.) Teachers' Salaries: (See Salary of Teachers.) Term, the School: f49 41 increase in length of <-,-, o minimum length of 49 40 trustees may order to begin any month 50 41 Term Register, failure to return , 40 30 Text-Books : free, by Board of Education 68 58-a provisions of county adoption law 62 optional text-books 103 teachers liable for using unauthorized 68 57 paid for out of building fund 67 57 njay be purchased from pupil 67 57 depositories for 65 11 (See also Books.) Tie Vote for Member of Board of Education 11 for County Superintendent 11 Title: to certain lands 46 37-a to property on which school buildings are located ... 44 34 to joint property 44 34 to lands donated 46 37-a Training of Colored Teachers 84 96 Transfer of Pupils: may be made when 20 12 for what reason 20 12 150 Indes Page. Sec. tuition for pupils transferred 21 12 Truants, reports concerning 18 10-a Truant Officers: appointment of IS 10-a duties of 18 10-a compensation of 19 10-a report of 19 10-a Trustees : wtien appointed and length of term 13 4 time in vhich to qualify 13 5-a quorum of 25 16 to be under supervision and control of Board of Education 20 12 action of subject to revision 20 12 removal of fi'om office 22 13 vacancy in office; how filled 13 5 have charge of school 21 13 may remove teacher for what 40 30 cannot change teachers' salaries 14 6 may exclude whom from school 22 13 may suspend or expel pupils 22 13 action of expulsion riiay be reviewed by board 22 13 may discontinue school, when 22 13 to visit school 23 14 duties of when visiting school 23 14 to offer suggestions to teachers 23 14 duty of regarding school houses 23 15 may sue in name of Board of Education 23 15 may permit school houses to be used for what 23 15 to furnish board with estimate of improvements. ... 24 15 to keep account of expenses 25 16 penaltj^ of for receiving money for vote 22 13 may purchase what 25 16 how bills contracted by, are to be paid 25 16 to establish colored schools; when 25 17 to keep flags on school houses 103 to make report to secretary 28 20 not to employ teacher who has not attended institute 42 30 to see that school houses are kept clean and fires made 43 32 not to be interested in contracts 44 34 may be fined in certain cases 51 44 may order schools to begin any month 50 42 not to act as agents 61 57 individually responsible in what case 52 45 Tuition: who to pay 17 10 for tronsferred pupils 21 12 rate of to whom paid, how applied 17 10 Index 151 Page. Sec. Union Institutes ■. 61 55 Union Schools: how established 44 34 title to property, how vested 44 34 colored 26 17 houses for 44 34 University, The West Virginia: establishment and name of 75 77 agricultural college 75 76 board of regents 76* 78 courses of study 77 79 rules and regulations 77 80 officers of , 77 80 departments of 77 81 graduation of students 79 85 appointment of cadets 77 82 cadets to have free text-books 78 83 expenses of regents 78 84 endowment fund, how invested 79 86 investment of land fund 79 86 Use of School Houses for Other Than School Purposes 23 15 Vacancy : in board of education, how filled 13 5 in board of examiners 37 11 in county school book board 62 57 in board of regents university 76 78 in board of regent, schools for Deaf and Blind.... 86 98-a in board of directors. Reform School 93 98-c in office of trustee 13 5 in office of County Superintendent 60 53 in Board of Education 13 5 Validity of Certificates 35 6 Valuation of Real Estate to be Certified to Secretary of board by County Clerk 50 43 Valuation of Property to be Certified to State Superintend- ent by County Superintendent 16 8 Visitation of Schools by County Superintendent 60 54 West Virginia University: (See University.) West Virginia Colored Institute: how and under what provisions established 89 98-b name and location of 91 98-b board of regents of ■ 91 98-b build?ngs and appropriations for 93 98-b West Virginia Reform School: (See Reform School.) West Virginia Schools for Deaf and Blind: name of 85 9S-a 153 Index Page. Sec. board of regents of 85 98-a duties of principal of 87 98-a general regulations and provisions for 87 98-a duties of county officers in respect to 88 98-a Wheeling, City of: free schools of not affected by general law 75 75 superintendent of 75 75 White and Colored Persons Not to Attend Same School 25 17 Year: (See School Year.) (See Calendar.) INDEX TO OPINIONS AND DECISIONS. Page. Nuk. Abstract of Sheriff's settlement not to be paid for 55 117 Accounting for all children enrolled 42 85 Additional levy for high schools 31 55 f33 59 Additional levy j 49 -^q^ Admission or exclusion of pupils 19 20 Appeal from decision of trustees concerning use of school house 24 37 Appeal to County Superintendent, in what cases 17 18 Appointment of Examiners 37 J 63 [64 Appointment of person to fill vacancy of president 13 3 Apportionment of General School Fund by county Superin- tendent, should be reported to State Superintendent 30 51 Approval of plans for school house 45 9S Appropriation for Normal Schools Attendance, normal school students Auditor to certify to county superintendent, amount of rail- road levies due Balance due Building Fund or Teachers' Fund Board of Education: should have sheriff collect taxes, for graded school.. can not sell coal underlying school property failing to agree on location of school nouse can not lease school property for oil and gas.. 44 not liable for Sheriff's overdraft maj^ purchase what 48 can not require trustees to employ teachers of cer- tain grade 14 11 85 134 84 133 73 12& 48 102 33 60 44 91 45 . 9G 44 91 55 115 48 101 Index 153 Page. Num. fixes term of school for whole district 14 7 must provide for payment of teachers 22 30 may exceed twenty-five cent levy 49 106 can not declare all schools in district graded schools. 33 56 Board's duty to lay levies 48 100 may be compelled to levy 49 107 violates law, when 49 108 not liable to sheriff, when 55 115 not to pay fee to county clerk for what 55 117 Board of examiners, presidents of independent districts should help elect 37 61 Board of examiners, not more than two names for to be proposed at one time 37 62 f37 63 Board of examiners, who eligible j 38 75 Board of examiners, county superintendent names candidates for 37 65 Board of examiners, members of must take oath 37 66 Board of examiners must hold No. one certificates or 37 64 Boundaries of districts, changes in 17 16 and 18 Books and Supplies may be ordered by teachers 62 126 Book board may change but one book or series in one year. . 69 127 Building fires 43 90 Building of school houses optional with boards 17 17 Certificate of No. 1 grade, or equivalent, must be held by ex- aminer 38 75 f38 72 Certificates of substitute teachers -j 22 28 Certificates, state, to be issued to graduates 40 78 Changes in boundaries of district, when to take effect 17 16 Change of residence of members of board 12 2 Coal underlying school property can not be sold by board 44 92 Collection of taxes for graded schools 33 60 Colored Schools, their privileges and rights 26 41 Colored children, special arrangement for; when 26 42 Colored Children, schools for 26 43 Coal, underlying school property 44 91 Compulsory Law, applicable to Wheeling 19 19 Condemnation proceedings 46 99 Contract illegal ; when 33 56 Contract for erection of building • • • • 53 112 Correct Enumeration, its importance 28 44 Correction of levy 48 104 Correction of error in settlement 55 113 County clerk not entitled to fee for what 55 117 County Officers 4 1 County Superintendent: to approve plans, importance of this duty 45 98 154 Index Page. Num. not alone responsible for introduction of graded course of study report of, time of making report must be full and accurate selects site for school house; when approval of plans by to notify Auditor when levy is voted down can be notary public to fill vacancies on board of education should not pay secretaries until when salary of regulated by number of schools to report to State Supt. the apportionment of General School Fund to name candidates for board of examiners must remit to Auditor half examination fees Decision of board final in matters pertaining to use of school house Deed for school lot may be had by process of law; when Delinquent list to be furnished to secretaries by county clerks Districts, Independent, definition of Districts not to receive proporton of School Fund until when. Draft of order on Sheriff Duty of visiting school ; obligatory upon trustee Employment of teachers Employment of substitute teachers Enumeration, correct, importa,nce of Enumeration of schools opening after April first. Error in settlement, correction of Examiners, appointment of Examination fee Exceeding limit of levy Exceeding available funds in contracting for building Existing indebtedness Excuse exempting from institute attendance Failure of board to agree on location of school house Failure or refusal of sheriff to pay draft Failure of sub-district to have school Fee, examination Financial affairs must be closed up at end of each school year. First cousins First visit to school, of trustee Fine, presidents of boards subject to, for what 20 23 30 50 60 119 45 97 45 98 50 109 60 121 13 5 ;60 122 16 14 "60 123 30 51 37 65 37 69 24 37 45 94 57 118 75 130 71 128 55 114 23 33 22 28 '38 72 1^ 28 "28 44 30 52 55 113 37 61 to 76 37 69 49 105 53 112 49 108 43 87 45 96 55 114 14 8 37 69 30 54 23 31 23 34 38 71 General School Fund distribution to be reported. 30 51 Index 155 Page. Num. Graded Course of Study, enforcement of 20 23 Graded Schools 33 56 and 57 Graduates of University and Normal Schools 40 78 Gross Violation of official duty 38 71 High Schools, levy for 31 55 Illegal contract '. 33 56 Increase in length of term 49 106 Indebtedness, existing 49 108 Independent districts, definition of 75 130 Intitutes may be held; when 42 80 Institute attendance 42 82 Institute district, held on Saturday 60 124 Institute per diem, payment of 42 79 Insurance paid for destruction of building 48 103 Instruction in all branches, when not required 19 21 Interest in contracts a misdemeanor 45 95 Interference of trustees 19 21 Leasing school property for oil and gas purposes 44 92 Length of term . . . .- ^49 106 f48 100 Length of term, increase in 49 106 Length of term for union schools 45 93 Levy, additional for high schools o 31 55 (49 105 Levy, additional limit of < oo rq Levy for Teachers' Fund 48 100 Levy for building fund 48 100 Levy, correction of 48 104 Levy voted down, duty of County Superintendent 50 109 Levy, exceeding limit of 49 105 Levy and rate of taxation^ when laid 51 110 Levies, duty of boards concerning 48 100 Literary meetings may be held in school house 24 36 Location of school house, failure to agree upon 45 96 Mandamus, writ to compel board to lay levy 49 107 Maps, dictionaries, power of boards to purchase 48 101 Meetings of board, by whom called 16 15 Member of board of education, change in residence of 12 2 when to qualify 13 6 [63 Members of board of examiners, who eligible 37 164 Misdemeanor for school officers to be interested in contract. . 45 95 Monthly Summary to be carefully examined 42 81 Non-attendance at institute, excuse for ... 43 87 156 Index Page. Num. Non-membership 42 84 Normal Schools, earnings of 84 133 Normal Schools, appropriation for 85 134 Normal School students may teach one term 82 131 Normal School students may review free of charge 82 132 Notary Public, County Superintendent may hold office of.... 60 121 Oath as to enumeration 28 45 Oil and Gas, lease of school property for 44 92 Order payable by board, issued by whom 42 86 Officers of town corporations acting as school board 14 9 Pay of officers of town corporations acting as school board for independent districts 14 9 Pay of person succeeding another as member of board of ed- ucation 14 10 Payment of institute per diem 42 79 Payment of indebtedness out of current levy 49 108 Per cent, of attendance and absence 42 84 Penalty upon Sheriff refusing to pay draft 55 114 Petition for increase in term 33 58 Powers of Trustees 25 40 President of Board of Education — vacancy 13 3 President of board may appoint on board of examiners only persons nominated by County Superintendent 37 67 Presidents and Secretaries to issue orders 42 86 Presidents of boards should not avoid appointment of exam- iners 38 71 President of board may not be a member of board of exam- iners ; 37 68 President of board in independent districts should help elect examiners 37 61 Prohibition on account of relationship 23 31 Punishment of pupils 22 29 Purchase of maps, etc 48 101 Relationship, exclusion 23 31 Removal of residence of member of board 12 2 Refusal of land owner to make deed 45 94 Residence of persons elected to office. 12 1 and 2 Report: of "secretary completed, when 29 48 annual, of trustees 28 46 secretary's annual, completion of 16 14 of levy by secretary 29 49 of County Superintendent, time of making 3C 50 of County Superintendent, must be full and accurate 60 119 Salary of County Superintendent depends on what 60 123 Sale of old school houses 44 91 Index 157 Page. Num. Sale of coal underlying school property 44 92 School, what constitutes 60 120 School book board may make but one change, except 71 128 School, reported in old year; when 42 83 Schools for colored children 26 41 f30 53 Schools opening near close of school year jgo 47 School house, right of Board to sell 29 47 (35 School houses may be used for other than school purposes. . 24 ^gg School officers not to be interested in contracts 45 95 School officers must take oath 37 66 School orders in payment of taxes 55 116 Secretary of board, his term of office determined by will of board 16 13 to be paid when 16 14 may administer oath as to enumeration 28 45 to examine teachers' monthly summary 42 81 not to be paid until when , . 29 48 (16 14 annual report ^29 48 report of levy 29 49 Security may be required of society using school house 24 38 Selection of site for school house 45 96 and 97 Select schools may be held in school house, when 24 39 Sheriff's overdraft 55 115 Sheriff should be employed to collect taxes for graded school 33 60 Special provision for colored children; when 26 42 Students of Normal Schools may teach one term of school year 82 131 Sub-districts failing to have school in any year 14 8 (38 72 Substitute teachers, certificates of < 22 28 Superintendents can be appointed for only one year . . 23 32 Taxes, for graded schools, collection of 33 60 Teachers: have no authority, to admit or exclude pupils, ex- cept 19 20 are school officers 16 12 have right to punish pupils 22 29 can not claim pay for attendance at district institute on Saturday 60 124 can not contract for school then employ substitute. . 38 72 may order supplies for their pupils 62 126 substitute 38 72 . .^ . (48 100 Term, length of j^^ ^^g extension of into another year 40 86 158 Index Page. Num. Term of school fixed by whom 14 7 Theory and Art of teaching 19 21 Time of holding institute 42 SO Title to school property 44 91 Transfer of pupils 21, 24 26 ' 27 Trustees: have right to emploj' teacher of any grade 14 11 should not interfere 19 22 must visit schools 23 33 may allow school houses used for other purposes 24 35 06 their powers 25 40 revision of acts of by board 25 40 may purchase what 25 40 may not employ teachers without certificates 22 2S may teach in any 'district other than their own 38 76 may not employ persons related to them 23 31 Violate oath ; when 43 88 can appoint teachers and superintendents for only one year 23 32 Trustees and members of board to qualify when 13 6 Trustee's annual report 28 46 Tuition of transferred pupils 21 25 Union School, term of 45 93 Vacancy in office of county superintendent 13 4 in board of education 13 5 Value of house and site not included in what 53 112 Visiting schools obligatory upon trustees 23 33 Vote on levy, when required 33 57 Vote on levy, time of taking 33 59 Voting down levy, county superintendent's duty 50 109 Voluntary abandoning of school by teacher , 42 79 Wheeling, compulsory law applicable to 19 19 L BRARY OF CONGRESS 019 748 525 5 -iK* '■^^m Wz- ^^^ i<^