UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 Vit-J 'f'^^ 
 
 STATE OF AYEST VIKGIIN^IA. 
 
 SCHOOL LAWS 
 
 PUBLISHED BY THE DEPARTMENT OF FREE SCHOOLS, 
 
 FOR THE USE OF 
 
 SCHOOL OFFICERS. 
 
 WHEELING: 
 
 JOHN r. m'deemot, public printer. 
 
 18G5.
 
 3
 
 ^ 
 
 hi 
 
 FREE SCHOOL LAW. 
 
 Passed December 10th, 186S. Amended 1864-^'6o. 
 
 An ACT Pi'oviding for the Establishinent of a System of 
 
 Free Schools. 
 
 Be it enacted by the Legislature of West Virginia : 
 
 1. [As amended by Act March second, 1864.1 In conformity with Establishment of 
 
 tree schools 
 the provisions of the tenth article of the constitution, a system of 
 
 free schools is hei-eby established, according to the provisions of this 
 act, in order to provide the means of instruction for all the youth of 
 the state, in such fundamental branches of learning as are indispen- 
 sable to the proper discharge of their social and civil duties ; and for 
 this purpose each and every organized township within the several 
 counties of this State, or which may hereafter be organized within 
 the same, is hereby constituted a school district, to be confided to 
 the care and management of a board of education as hereinafter 
 constituted. 
 
 2. At the time and place of holding elections for township oflScers, Election of 
 
 as provided in the act entitled "An Act to regulate elections by the sfonora?""^™"'" 
 people," and in conformity with the provisions of the same, the 
 qualified voters of the several townships shall, in addition to the offi- 
 cers therein specified, elect three school commissioners, of whom the 
 one having the highest number of votes shall hold his office for the 
 term of three years; the one having the next highest number of votes 
 shall hold his oflSce for the term of two years, and the one having the 
 next highest number of votes shall hold his office for the term of one Theirtorm. 
 year ; and annually thereafter at the time and place of holding town- 
 ship meetings and elections, and in conformity with the act regula- 
 ting the same, one commissioner shall be elected who shall hold his 
 office for the term of three years: provided, that if at the first Proviso us to ties, 
 election any two or more of the school commissioners elected shall 
 have an equal number of votes, the persons so elected shall deter- 
 mine, by lot, the duration of their respective terms of office; and 
 provided further, that no persons shall be deemed ineligible to the Aiuiaatoeligi- 
 office of school commissioner in consequence of having held the
 
 HVee School Law. 
 
 Qimliflcntion of 
 commissioners. 
 
 VacHucies. 
 
 Township board 
 of education con- 
 stituted author- 
 ity. 
 
 Duties cf secre- 
 tary thereof. 
 
 His coinpeuba- 
 tion. 
 
 Ennmeration of 
 youth. 
 
 office the preceding term ; and that after the first election two com- 
 missioners shall not be chosen from the .same sub-division, if there 
 be so many as three sub-divisions in the township. 
 
 3. The commissioners so elected shall, within ten days after being 
 duly notified by the township clerk of their election, proceed to 
 qualify, by taking the several oaths prescribed by law ; which oaths 
 the clerk of the township is hereby authorized to administer to the 
 commissioners aforesaid ; a copy of which oaths, signed by the com- 
 missioners aforesaid, shall be kept by him upon the files of his office. 
 And if any vacancy should occur in the office of school commissoner 
 by death, resignation, refusal to serve, or otherwise, the board of 
 education of the township shall fill such vacancy within ten days after 
 being informed thereof, by the appointment of some suitable person, 
 who shall hold his office until the next annual township election, 
 when a commissioner shall be elected for the unexpired term. 
 
 4. The commissioners so elected and qualified, together with the 
 clerk of the township, shall constitute the board of education of their 
 proper township, and they and their successors in office shall be a 
 body corporate in law, under the name and style of "The Board of 
 
 Education of the township of- ," and as such may purchase, hold 
 
 and sell or convey real and personal property for the uses of educa- 
 tion within their district, may receive any gift, grant, donation or 
 devise; may become a party to suits and contracts; and do other 
 corporate acts. They shall have the care, custody and management 
 of, and be invested with the title to, all real and personal property 
 for the use of the public schools within their district, and may man- 
 age or dispose of the same, as in their opinion will best subserve the 
 interests of education and the benefit of the schools. 
 
 5. The clerk of the township shall be the secretary of the board of 
 education, but shall have no vote, except in the case of an appoint- 
 ment to fill a vacancy in the office of school commissioner. He shall 
 be present at all meetings of the board, and shall i-ecord in a book to 
 be provided for the purpose, all their official acts and proceedings, 
 which shall be a public record, open to the inspection of all persons 
 interested therein ; all which proceedings, when so recorded, shall 
 be attested by his signature thereto as secretary of the board. He 
 shall have the care of, and shall preserve in his office, all papers con- 
 taining evidence of title, contracts and obligations; and in general 
 shall record or keep on file in his office all such papers and docu- 
 ments as may be so required by any of the provisions of this act, or 
 by the orders of the board of education. For his services he shall 
 receive such compensation as the board of education may determine. 
 In his absence the board may appoint a clerk "pro tempore. 
 
 6. The board of education of each school district shall, so soon as 
 practicable after they are duly elected and qualified, and annually 
 thereafter, within ten days after the fourth day of July, take, or cause 
 to be taken, an enumeration of all the youth, resident within their 
 school district, between the ages of six and twenty-one years, dis- 
 tinguishing between males and females, and shall cause the result of 
 such enumeration, verified by the oath or affidavit of the person
 
 Free School Law. 5 
 
 taking the same, to the •fFect that such enumeration is correct, and 
 that he has used all means within his power to have it so, to be 
 recorded in the office of their secretary; which enumeration shall be 
 transmitted by the said secretary to the county superintendent. They 
 shall divide their district into convenient sub divisions, assigning to Sub-division of 
 each not less than fifty youths, between the ages of six and twenty- 
 one years, except in cases where, in the opinion of the board, it is 
 necessary to reduce the number ; and shall cause to be taught in each, 
 at the expense of the district, one school for not less than six months 
 in the year, in which shall be taught, by competent teachers orthog- 
 raphy, reading, writing, arithmetic, English grammar and geography, 
 with such other branches as the board may decide or the circum- 
 stances of the school may require. In making these sub-divisions 
 due regard shall be had to any school house already erected, or 
 school house site already procured, so far as may be and as shall best 
 subserve the interests of free schools. 
 
 7. [As amended 1865.1 The board of education shall take the con- Management of 
 
 1 1 /-111 11 • 1 • 1 • T . • district schools, 
 
 trol and management oi ail the schools within their district, in 
 
 pursuance of which they shall be charged with the following powers 
 
 and duties: First, They shall establish a sufficient number of free Eatabiisliment of 
 
 , . Bchools. 
 
 schools for the education and instruction of every individual resident 
 within their district, between the ages of six and twenty-one years, 
 and all persons resident within the same who have been honorably Soldier's privi- 
 discharged from the military or naval service of the United States or ^^'^' 
 of this State, who may apply for admission and instruction, either in 
 person or bj» parent, guardian or next friend, and such person so dis- 
 charged, shall be entitled to attend such school for the space of five 
 years. Second, They shall cause suitable lots of ground to be pro- School houses, 
 cured and suitable buildings to be erected, purchased or rented, for 
 school houses, and shall supply them with the proper fuel, and with 
 such furniture and fixtures as are necessary to the comfort, health, 
 good order and progress of the pupils. Third, They shall have the Teachers and 
 appointment of all the teachers of the public schools within their 
 district, shall fix the amount of teachers' salaries, and may dismiss Branches taught 
 them at any time for incompetency, cruelty, negligence or immorality. 
 Fourth, They shall direct what branches of learning, in addition to Expulsion of 
 those prescribed in the sixth section of this act, shall be taught in P"P''^- 
 each school, and may suspend or expel from any school any pupil visits of board to 
 found guilty, on full examination and hearing, of refractory or incor- **^ °° *' 
 rigibly bad conduct. Fifth, They shall visit all the schools of their 
 district once within two weeks after the opening, and again within 
 two weeks preceding the close of each school, and at such other 
 periods during the term as in their opinion the exigencies of each 
 school may require ; at which visits they shall examine the register of 
 the teacher and see that it is properly kept, and other matters touch- 
 ing the school house, furniture, fixtures, library, studies, discipline, 
 mode of teaching and improvement of the school; shall confer with 
 the teacher in regard to its condition and management, and make such 
 suggestions as in their view would promote the interest and efficiency 
 of the school, and the progress and good order of the pupils. The 
 
 f^OO^i 
 
 7z:.^/c^ 
 
 _.k ,w-.^r^\^S
 
 6 Free School Laxo. 
 
 results of such visitation they shall caus% to be entered on their 
 Payment of ox- uiinutes. Sixt/i, Thcy shall pay all necessary expenses of the schools 
 pensesofsi-hoois. j^y ^^afts upon the township treasurer or other proper disbursing offi- 
 cer, of the funds raised within each district for school purposes, which 
 drafts shall be signed by the clerk of the township^ as secretary of 
 the board, and an account of the same shall be entered by him in a 
 Aiinuiii report book to be kept for the purpose. Seventh, They shall annually, on or 
 counTy surcrin- before the first day of September in each year, make a report to the 
 ten ent. county superintendent, setting forth the number of schools within their 
 
 districts ; the number and condition of their school houses ; the num- 
 ber of scholars in attendance during the year, distinguishing between 
 males and females ; the average of daily attendance ; the length of 
 time the schools have been kept open during the year ; the amout of 
 tax levied and collected for school purposes within their district during 
 the year ; the number of teachers employed, distinguishing between 
 male and female ; the averages of each per month, including board ; 
 the amount expended for building, repairing and furnishing school 
 houses ; the amount and value of apparatus and libraries belonging 
 to their district for the use of the schools ; and such other informa- 
 tion as may be necessary and beneficial, in order to form a just esti- 
 Settlementswith mate of the Operation of the school system. Eighth, It shall be the 
 rer. "* '"' '^''"^"' duty of the board of education to make settlement with the township 
 treasurer at their regular session in April, annually ; but if from want 
 of time or other reason a settlement cannot be made in that month, 
 then it shall be the duty of the board to appoint a committee com- 
 posed of one or more of their members, to make such settlement as 
 soon as practicable ; and the result shall be reported to the clerk, and 
 . •< an abstract recorded in the records of the board. 
 
 Transfer of pii- 8. Whenever it shall happen that persons are so situated as to be 
 
 pil8 ir im onedis- , , i i i /^ ^■ ■ ■ > • i i 
 
 tricttoauother. better accommodated at the school ot an adjoining townsuip, whether 
 ill the same or an adjoining county, or whenever it may be desirable 
 to establish a school composed of parts of two or more townships, it 
 shall be the duty of the respective boards of the townships in which 
 such persons reside, or in which such schools may be situated, or of - 
 the townships or parts of which the school is to be composed, to trans- 
 fer such persons, for school purposes, to the township in which such 
 school house is or may be located ; but the enumeration of scholars 
 
 : !,T shall be taken in each township as if no such transfer had been made; 
 
 and such school, when so composed, shall be supported from the funds 
 of the respective townships from which the scholars may have been 
 transferred ; and the board of that township in which the school house 
 is situated, shall have the control and management of such school ; 
 and the boards of the adjoining township or townships so connected 
 for school purposes, shall each make the proper estimates of their 
 share of expenses of every kind necessary to sustain said school, and 
 certify the same to the county superintendent as part of their annual 
 estimates for school purposes, and draw orders on their respective 
 township treasurers for such sum as will be in proportion to the enu- 
 meration of scholars so transferred in favor of that township in which 
 such school is located, to be appropriated to the payment of teachers,
 
 Free School Law. 7 
 
 and for other purposes connected with the establishment or mainte- 
 nance of such school. 
 
 9. When any judgment shall be obtained against any township board Collection of ac- 
 of education, it shall be the duty of the county superintendent to as- tow i; ship" boards 
 sess the amount of such judgment with interest and costs upon the tax- 
 able property of their township ; which account shall be collected and 
 
 paid out in the same manner as other school taxes, upon the order of 
 the clerk of said board upon the township treasury, to satisfy the 
 judgment aforesaid. 
 
 10. Whenever, in the opinion of the board, the interest of educa- High sohoois- 
 tion within their district require that a central or vmion school of 
 
 higher grade be established, the said board shall call a township meet- 
 ing, by giving at least ten days' notice, by written or printed adver. 
 tisements, posted in at least five of the most public places within their 
 district, specifying the time, place and object of the meeting, which 
 meeting, when convened, shall be organized and conducted as provi- 
 ded for the annual township meetings; and when so organized, the 
 board of education shall submit the proposition for the establishment 
 of such school, with the reasons for the same, together with a care- 
 fully prepared estimate of the cost ; and if, after full deliberation and 
 discussion, two-thirds of the qualified voters present and voting, shall 
 decide in favor of the proposition, such school shall be established, 
 'and the estimated additional cost shall be added to the next annual 
 assessment for school purposes within the district, and the board of 
 education shall proceed to put such school into operation. 
 
 11. Such school, when established, shall be for the benefit of all the F^r whose bene- 
 inhabitants of the district, and shall be kept by a competent teacher 
 
 or teachers, of good moral character, who, in addition to the branches 
 of learning prescribed for the primary schools, shall be capable of 
 giving instruction in book-keeping, algebra, geometry and surveying, 
 with such other branches pertaining to the natural sciences and gen- 
 eral literature, as the board of education may determine. 
 
 12. In regard to such union schools, the several boards of educa- FuTictions of 
 
 .,,,,.,.,, b ards of educa- 
 
 tion snail be invested with the same powers, and perform the same ti .n resp-ctiag 
 
 duties, as in reference to the primary schools, so far as these are ap- '° 
 
 plicable. They shall determine the ages and qualifications of the 
 
 scholars to be admitted into them, and the length of time they are to 
 
 be kept in operation during the year, and shall report separately to 
 
 the county superintendent all such facts in regard thereto, as will be 
 
 necessary to form a just estimate of the state of education within their 
 
 district. 
 
 13. No school district shall receive its share of the state fund for condition pre- 
 the support of free schools, unless the report required to be made by button of etato" 
 the board of education thereof shall first have been filed in the office ^^hooi fund. 
 
 of the county superintendent, within the time prescribed by law. 
 
 14. No teacher shall be employed to teach in any of the public Qualifications of 
 schools of this state, until he shall have presented to the board of '**'^^®'''* 
 education of the district in which he applies, a certificate, in dupli- 
 cate, of his qualification to teach a school of the grade for which he 
 
 applies ; the duplicate copy of which shall be filed with the clerk of
 
 8 
 
 Free School Law. 
 
 School regU'ters 
 
 General duty of 
 teiirbers. 
 
 Schools for Oil 
 ored children. 
 
 County Superin- 
 tendent. 
 
 Hia bond. 
 
 the township, and no salary shall be paid to any teacher unless such 
 duplicate be filed as aforesaid. 
 
 15. It shall be the duty of every teacher to keep a daily register of 
 his school, in manner and form as prescribed by the state superinten- 
 dent, blank forms of which register shall be furnished to every teach- 
 er by the board of education of the district, at the commencement of 
 his term, and at the close thereof shall be deposited in the office of the 
 township clerk, properly filled according to the instructions accompa- 
 nying the same from the state superintendent, as a condition prece- 
 dent to his receiving his salary. 
 
 10. It shall be the duty of all teachers employed in any of the pub- 
 lic schools of this state, to inculcate the duties of piety, morality, and 
 respect for the laws and government of their country ; and all teach- 
 ers, boards of education, and all other school officers created by this 
 act, are hereby charged with the duty of providing that moral training 
 for the youth of this state, which shall contribute to securing good be- 
 havior and virtuous conduct, and to furnishing the state with exem- 
 plary citizens. 
 
 17. (As amended 1865.) The township boards of education in their re- 
 spective townships shall be, and they are hereby authorized and requir- 
 ed, to establish within their respective jurisdictions, one or more 
 seperate schools for colored children, when the whole number by enu- 
 meration exceeds thirty, so as to afford them, as far as practicable un- 
 der all the circumstances, the advantages and privileges of a free school 
 education ; and all such schools so established, shall be under the 
 management and control of the board of education; but in case the 
 average attendance of colored children shall be less than fifteen for 
 any one month, it shall be the duty of said board or other school officers 
 to discontinue said school or schools for any period not exceeding six 
 months at any one time, and if the number ot colored children shall 
 be less than fifteen in attendance, or not exceeding thirty by enumer- 
 ation, the directors shall reserve the money raised on the number of 
 colored children, and the money so reserved shall be appropriated for 
 the education of such colored children in such a way as the township 
 board shall think best. 
 
 18. (Amended by Act of March 2, 1864.) On the fourth Thursday 
 of April next ensuing, and every two years thereafter, on the day of 
 said election, the voters of each county shall elect a county superin- 
 tendent of free schools, whose term of office shall be for two years, 
 to commence on twentieth day of June succeeding said election ; 
 and he shall continue in office until his successor is elected and quali- 
 fied. He shall, before entering upon the duties of his office, execute 
 a bond before the recorder of his county, in the sum of five hundred 
 dollars, with approved security" ; upon which bond he shall be liable 
 in any court having jurisdiction, to any person or persons, or to any 
 township board of education, for losses sustained by reason of his 
 neglect or non-performance of duties imposed by this act. Said bond 
 shall be filed in the office of the recorder ; who shall, within five days, 
 certify to the general superintendent of free schools, the name of said 
 county superintendent and his post office address.
 
 Iree School Law. 9 
 
 19. The county superintendent shall be liable to removal by the ^^'^ liability to 
 board of supervisors for any palpable violation of law or" omission of • 
 duty. But no such superintendent shaU be removed for such violation 
 
 of law or omission of duty, unless charges thereof shall be preferred 
 
 to the board of supervisors, and a notice of the hearing, with a copy 
 
 of the charges delivered to such superintendent, and an opportunity 
 
 given him to be heard in his defence. And when the office of county Vacancies. 
 
 superintendent shall become vacant from any cause, the said board of 
 
 supervisors shall fill the same, by appointment, for the unexpired 
 
 term : and the person so appointed, shall give the requisite bond and 
 
 hold his ofiice until his successor shall be qualified. 
 
 20. The county superintendent shall examine all candidates for the Duties of County 
 profession of teacher, as to their competency and capacity to teach ^"P'"'"''^^'^®^*- 
 orthography, reading, writing, arithmetic, english grammar and 
 geography, if the aplication is for a primary school ; and if the appli- 
 cation is for a union or central school, he shall examine the applicant 
 
 as to his competency and capacity to teach the additional branches 
 required for such school ; and if satisfied of the competency and 
 capacity of the applicant to teach and govern such school, and that he 
 or she is of good moral character, he shall give a certificate, in dupli- 
 cate, accordingly. The county superintendent shall keep a register of 
 all those to whom certificates have been awarded, stating the character 
 and grade of certificate, and the time when issued. No certificate 
 issued by a county superintendent, shall be of force, except in the 
 county in which it was issued, nor for a longer period than one year ; 
 and the county superintendent may revoke the certificate of any 
 teacher within the county, for any cause which would have justified 
 tha withholding thereof, when the same was granted, by giving ten 
 days notice to the teacher and the board of education by whom he is 
 employed, of his intention to revoke such certificate. 
 
 21. (As amended 1865). It shall be the duty of the county Duties of County 
 superintendent to visit all the schools within his county, and to note ' "^'^"'' ®° ^^ ' 
 the course and method of instruction, and the branches taught, and to 
 
 give such directions in the art of teaching and the method thereof, in 
 each school, as to him shall seem necessary and expedient, so that 
 uniformity in the course of studies, and methods of instruction 
 employed, shall be secured as far as practicable in the schools of the 
 several grades respectively. He shall acquaint himself, so far as prac- 
 ticable, 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 pupils, or the method of instruction employed in 
 the several branches, and shall make such suggestions, in private to 
 the teachers, as to him shall appear to be necessary to the good order 
 of the school and progress of the pupils. 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 
 several township boards of education as in his opinion shall seem con- 
 ducive to the comfort and progress of the pupils of the several schools. 
 
 22. It shall be the duty of the county superintendent to aid the Duties of County 
 teachers in all proper efforts to improve themselves in their profession. "^"P^^nioudent. 
 
 2
 
 10 Free School Law. 
 
 For this purpose he shall encourage the formation of county associa- 
 tions of teachers for mutual improvement ; shall attend the meetings 
 of such associations wheneve* practicable, and give such advice and 
 instruction in regard to their conduct and management, as in his judg- 
 ment, Avill contribute to their greater efficiency. In connection with 
 the superintendents of adjoining counties, each county superintendent 
 shall encourage the formation of teachers' institutes ; shall attend and 
 participate in the exercises of the same, so far as practicable ; and 
 shall use all proper means to improve the efficiency of the teachers, 
 and to elevate their profession. He shall use all proper means to 
 create and foster among the people an interest in free schools, and for 
 this purpose, shall, as far as practicable, take advantage of such public 
 occasions as may present themselves, as the dedication of school 
 houses, public examinations, &c., to impress upon the people the im- 
 portance of public education, and the duty of sustaining the system 
 of free schools as established by law. He\shall at all times, conform 
 to the instructions of the state superintendent, as to all matters within 
 the jurisdiction of the said superintendent, and shall serve as the 
 organ of communication between him and the several township boards 
 of education. He shall distribute from his office, all blanks, circulars, 
 copies of school laws, and other communications from the state super- 
 intendents, to the several boards and persons entitled to receive the 
 same. 
 
 Duties of County 23. It shall be the duty of the county superintendent to secure, as 
 feupeimtendent. .„. ., , ,., 
 
 far as practicable, uniformity in the text books used in the schools 
 
 throughout his county ; but no county superintendent shall act as 
 agent for any author, publisher or book-seller , nor shall directly or 
 indii'ectly receive any gift, emolument or reward for his influence in 
 recommending the use of any book or school apparatus or furniture of 
 any kind whatever. Any act herein prohibited, shall be deemed a 
 violation of his official oath ; and any offer or solicitation to such an 
 act, shall be considered an attempt to bribe and corrupt a public 
 officer. 
 Du'ies of County ^^- I* shall be the duty of the several county superintendents to 
 Superintendent, jgcelve and revise the reports from the several township boards, and 
 to see that they are in proper form and according to the intent and 
 spirit of the law, and where deficiencies exist to return them for cor- 
 rection. It shall be their duty to make out from these reports and 
 from their own information, a report for each county in tabular form 
 to the state superintendent, setting forth, under appropriate heads, 
 the following items, viz : The number of schools in each district ; the 
 average number of months the schools have been taught during the 
 year; the number of male teachers ; the number of female teachers ; 
 the average salarly per month of male teachers ; the average salary 
 per month of female teachers ; whole number of youtli within [each 
 district between the ages of six and twenty-one years ; the number 
 entered in the schools of the district ; the average daily attendance ; 
 amount levied within each district for the support of schools ; 
 amount levied for building purposes; amount received from state 
 appropriation ; cost of construction ; fuel and contingencies ; and
 
 JBree School Law. ij 
 
 amount expended for purchasing, renting, repairing and furnisliing 
 school houses. In addition to this report, it shall be the duty of the 
 county superintendent to make out and transmit to the state superin- 
 tendent a detailed report of the condition and character of the schools 
 within his county, noting all deficiencies and suggesting their reme- 
 dies, with such remarks upon the operation of the school laws as his 
 experience and observation may have suggested, pointing out wherein 
 he regards them as deficient, and what amendments may be required 
 to render them efficient. He shall also reportsuch townships in which 
 the boards of education have failed to make return of the enumeration 
 of youth as required in the sixth section of this act. 
 
 25. (As amended, I860.) It shall be the duty of the board of super- couiuTs'nperinf 
 visors to make such allowance out of the school fund, in payment for s^chno'i''commi8- 
 their services, to each county superintendent, not less than one hun- sitmors. 
 
 dred nor more than five hundred dollars, and to each school commis- 
 sioner not more than one dollar per diem while on duty, as justice and 
 right may require. 
 
 26. The state superintendent shall be elected by a ioint vote of both state Supftrin- 
 
 ^ •' ■> tendent— how- 
 
 branches of the legislature. He shall hold his office for the term of elected and term 
 
 . . . . . 0'. 
 
 two years and until his successor is qualified. The first election shall 
 
 be at the session of the legislature convening on thejjhlrd Tuesday of 
 January, eighteen hundred and sixty-four. The state superintendent 
 first elected shall hold his office, commencing on the first day of June 
 next, for the unexpired term ending on the third day of March, eigh- 
 teen hundred and sixty-five. When a vacancy may occur in said office Vacancies. 
 by death, resignation, or otherwise, the governor shall fill the same by 
 appointment for the unexpired term. 
 
 o 
 
 Before entering upon the discharge of his official duties, the said s,°pe*^rfnteudent 
 state superintendent shall give bond in the sum of three thousand dol- 
 lars, wiih good security; which bond, with the certificate of his oath 
 endorsed thereon, made and taken before the secretary of the state, 
 shall be filed in the office of the treasurer of the state. 
 
 28. The state superintendent shall be charged with the general s"pe?intendeift 
 supervision of all county superintendents and all the free schools of 
 the state ; and shall see that the school system is, as early as practica- 
 ble, carried into effect and put in uniform operation. He shall pre- 
 scribe and cause to be prepared all forms and blanks necessary in the 
 derails of the system so as to secure its uniform operation throughout 
 the state ; and shall cause the same to be forwarded to the severtl 
 county superintendents, to be by them distributed to the several per- 
 sons entitled to receive the same. He shall decide upon a written 
 statement of the facts, all questions and controversies arising out of 
 the interpretation and construction of the school laws in regard to the 
 rights, powers and dutjes of township boards of education, schocl 
 commissioners and county superintendents, and shall keep a record of 
 all such decisions. He shall cause as many copies of this act and 
 \ill other school acts in force, with th j above decisions appended 
 thereto, with such forms, regulations and instructions as he may judge 
 expedient, thereto annexed, to be from t'me to time published, as he 
 may deem expedient ; and shall cause the same to be forwarded to
 
 12 
 
 Iree School Law. 
 
 Duties of State 
 Superinteudeiit. 
 
 Duties of Stato 
 Superintendent, 
 
 Duties of State 
 Superintendent. 
 
 Office of State 
 Superintendent. 
 
 the county superintendents, to be by them distributed to the persons 
 entitled to receive tliein. 
 
 29. He shall, at the time and place to be appointed by him, convene 
 the county superintendents within each judicial circuit of the state once 
 in each year, for the purpose of conference upon the interests of edu- 
 cation within their several jurisdictions, and giving such instructions 
 and making such suggestions in regard to the discharge of their 
 several duties as to him may seem expedient, and as the interests of 
 education may seem to require. He shall take advantage of such 
 meetings to address the people on the subject of education, and in 
 exposition of the system of free schools as established in this state. 
 
 30. It shall be the duty of the state superintendent to aim at per- 
 fecting the system of free schools as established in this state ; and for 
 this purpose it shall be his duty to correspond with educators and 
 school officers abroad, to acquaint himself with the various systems 
 of free schools established in other states and in other countries, to 
 collate their results as exhibited in the reports of their several superin- 
 tendents, and to use all efforts and means which will be necessary to 
 enable him to render available to the purposes of the legislature, the 
 combined results of the experience of other communities, with his 
 own experience 'and observation. He shall acquaint himself inti- 
 mately 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 recommend such as experience and 
 sound principles of education may have demonstrated to be valuable ; 
 and, generally, 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 in the methods of instruction, as may have been tested 
 and proved by the experience of other communities and the best edu- 
 cators abroad. 
 
 31. (As amended February 1865.) He shall, annually, on or before 
 the fifteenth day of March, report to the auditor the number of per- 
 sons between the ages of six and twenty-one years in each county in 
 the state, also all township boards which have failed to make the 
 enumeration required in the sixth section of this act ; and shall, at 
 each session of the legislature, make a report to the same in regard to 
 the condition of free schools within the state, embracing all statistics 
 compiled from the reports of the county superintendents, which will 
 be necessary to give a proper exhibition of the workings of the system, 
 together with such plans as he may have matured for the management 
 and improvement of the free 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 the free schools as he may 
 deem it expedient to communicate. 
 
 32. The state superintendent shall have his office at the seat of gov- 
 ernment, where a suitable office shall be provided for him, supplied
 
 Free School Laws. 13 
 
 with the necessary furniture and fixtures, and provided with such 
 blank books and stationery as the business of the oflBce may require. 
 
 33. He shall provide a seal with suitable device, for the department partnfent^of frle 
 of free schools, and copies of papers deposited or filed therein, and schools. 
 
 all official acts and decisions, may be authenticated under said seal, 
 and when so authenticated, shall be evidence equally and in like man- 
 ner with the originals. He shall sign all requisitions on the auditor Disb«r'ement of 
 for the payment of such money to- the treasurers of the several coun- 
 ties for the use of the free schools as they may be entitled to receive 
 from the state; and for all other money to be paid out of the treasury 
 of the state for school purposes. 
 
 34. He shall receive annually, the sum of one thousand five hun- Salary of state 
 dred dollars in payment of his services, to be paid quarterly out of the 
 
 school fund, upon the warrant of the auditor. 
 
 35. In order to afi'ord encouragement and incentive to teachers to Examination of 
 perfect themselves in their profession, and at the same time to secure granting of cer- 
 
 tificfifp 
 
 the profession from the intrusion of unworthy members and the public 
 from the evils of incompetent teachers, the following regulations shall 
 be observed by county superintendents in regard to examinations and 
 the granting of teachers' certificates : First, No applicant shall be Good moral 
 admitted to an examination unless the county superintendent shall loyalty required, 
 have reasonable evidence that he or she is of good moral character, 
 and loyal to the Government of the United States. Profanity, obscen- 
 ity and intemperate habits, shall always be held to exclude from the 
 privilege of an examination. Second, No college diploma or certifi- Diplomas, Ac, 
 cate, or recommendation from the president or faculty of any college ^^'^'sgarded. 
 or academy, shall be taken to supersede the necessity of examination 
 by the county superintendent. Third, County superintendents shall Grading of cer- 
 grade the certificates granted according to the following scheme, num- County^Superin- 
 bering them according to the merits of the applicant fiom one to five. ^^^ *°'*' 
 Number three shall be assumed as the medium between a very good 
 and an indifferent teacher, so that the scheme will stand thus : Num- 
 ber one, a very good teacher — one accomplished in every respect ; 
 number two, a good teacher ; number three, medium ; number four, 
 below medium ; number five, indifl'erent. A number five certificate 
 shall never be granted to any teacher more than once. If, upon a sec- 
 ond examination, the applicant is not found entitled to a higher grade, 
 no certificate shall be granted. A number four certificate shall not be 
 granted more than twice in succession to the same applicant. If, at 
 the third examination, the applicant is not found entitled to a higher 
 grade, no certificate shall be granted. When any teacher has received Examination 
 
 ° ' ° ■' and certificate 
 
 three number one certificates, he shall be entitled to receive from the ^^ *^'^*« super- 
 intendent. 
 
 county supermtendent a recommendation to the state superintendent 
 for examination, and if found worthy, the state superintendent shall 
 grant him a professional certificate in proper form, engraved upon 
 parchment, authenticated by the seal of his office and attested by his 
 signature thereto ; by which certificate the bearer shall be held to be 
 legally admitted to the pr6fession of teacher within the state of West 
 Virginia, which certificate shall be valid throughout the state and 
 during the life of the bearer thereof: provided, that the state super-
 
 14 Free School Zaiv. 
 
 intendent may revoke such professional certificate for immorality or 
 
 Foo t]iei-cfor. disloyalty when clearly proven. For every professional certificate so 
 
 granted, a fee of three dollars shall be charged, to be applied to the 
 
 Such certificate use of free schools. And it is further provided, that from and after 
 a condition ot « , . i n i t -i i 
 
 eiisibiity as live years irom the passage of this act, no person shall be eligible to 
 
 tendeiit. the office of county superintendent who shall not have received such 
 
 professional certificate. And it is hereby made the duty of each 
 county superintendent, on or before the first day of June in each year. 
 
 Lists of cerfifi- to make out and transmit to the state superintendent a list of all can- 
 didates examined by him during the year, stating their names and 
 residence, with the grade of certificate granted to each ; from which 
 the state superintendent shall make out and transmit to the county 
 superintendents a general list containing the names, residence and 
 grade of certificate of each person examined within the state during 
 the year ; which list shall be kept in the offices of the county superin- 
 tendents for information and reference. 
 
 General school 36. There shall be constituted a fund for the support of free schools, 
 
 ""^ ■ which shall belong in common to the people of this state, and which 
 
 shall consist of all such sums as have accrued or may hereafter accrue 
 
 to this state from any of the sources enumerated in the first section of 
 
 the tenth article of the constitution ; and it is hereby made the duty 
 
 of the auditor, from and after the passage of this act, and from time 
 
 Duty of Auditor ^q ti^ne thereafter, as such sums may accrue to and be paid into the 
 respecting. ' •' '^ 
 
 treasury of the state, to pass such sums of money to the credit of the 
 free school fund ; and the state of West Virginia is hereby pledged to 
 pay the interest annually on all such sums of money as may have been 
 paid into the treasury of the state, from any of the sources above 
 mentioned, at the rate of six per cent, per annum. And it is further 
 made the duty of the said auditor, to open in a book to be provided 
 for the purpose, an interest account with the said fund, in which shall 
 be stated all items of interest accruing from said fund from the time 
 any principal sum was paid into the treasury, until the end of the 
 fiscal year ; which interest shall be distributed among the several 
 counties of this state, for the support of free schools as hereinafter 
 provided. And it is further made the duty of the said auditor, as 
 soon as a state superintendent is elected and qualified, according to 
 the provisions of this act, to ascertain and report to the said superin- 
 tendent all sums belonging to the literary fund of Virginia which may 
 have been invested within the boundaries of this state, whether loan- 
 ed to corporations or private individuals, or invested in any kind of 
 stocks, and what interest or dividends may have accured thereon to 
 the credit of the literary fund since the first day of June, eighteen 
 hundred and sixty-one, and how thfe same has been disposed of. 
 School fuuii for 37. (As amended Feb. 25th, 1865.) There shall likewise be distri- 
 btited, according to the second section of the tenth article of the con- 
 stitution, and in the manner herein provided, the net proceeds of all 
 fines, confiscations and forfeitures accruing to this state under the laws 
 thereof, together with the proceeds of a capitation tax of one dollar 
 on each white and colored male inhabitant over twenty-one years of 
 age, and such sum as may be produced by a tax often cents upon the
 
 Free School Law. . 15 
 
 hundred dollars valuation of all taxable property of the state at the 
 last annual assessment ; which tax shall be assessed and collected at 
 the same time and in the same manner as other state taxes are assess- 
 ed and collected. And the officer collecting such tax shall be allowed a Collection of 
 • • 1- 1 school tax on 
 
 commission thereon, at the same rate per cent as may be allowed by law property. 
 
 for the collection of other state taxes ; which taxes, when so collect- 
 ed, shall be paid into the treasury of the state, to be distributed annu- 
 ally with other school funds herein described, to the several counties 
 of the state in proportion to their enumeration of scholars. 
 
 38. It shall be the duty of the auditor, on or before the first day of Apportionment 
 April in each year, after deducting the salary of the state superinten- auditor '^'™**'''^ 
 dent and all the necessary expenses of his office, to apportion among 
 
 the several counties of the state, the money remaining in the treasury 
 for distribution for school purposes, according to the number of youth 
 resident in each county of the state, between the ages of six and 
 twenty-one years, according to the list furnished him by the state su- 
 perintendent, and to notify the said superintendent of such appor- 
 tionment, with the amount which each county is entitled to receive. 
 The said superintendent shall thereupon draw his requisitions upon Duties of stato 
 the auditor in favor of the treasurers of the several counties, for such respecting. "" 
 amounts as they are respectively entitled to receive, according to the 
 apportionment of the auditor, and shall at the same time notify the 
 several county superintendents of the amounts to which their several 
 counties are entitled. And each county superintendent, upon receiv- 
 ing notification of the amount to which his county is entitled, shall, 
 after deducting the amount of his own salary, apportion the remainder 
 among the several townships of his county entitled thereto, according 
 to the number of youth resident within the same, between the ages of 
 six and twenty-one years, and shall notify the several township clerks 
 of the amount appropriated to their respective townships. 
 
 39. (As amended 186-5.) It shall be the duty of the board of edu- 
 cation of each township of the state, to submit to a meeting of the 
 qualified voters of their township, at the regular annual township 
 meeting, an estimate, as near as practicable, of the amount of money 
 necessary for the purpose of prolonging the schools in the districts 
 after the state funds have been exhausted, so that free schools shall 
 be continued in every district for the term of six months, at least, in 
 
 each year ; and said meeting shall have authority to assess the amount Township levies 
 of tax to be levied for such purpose, not exceeding twenty-five cents f^r school purpo- 
 upon the hundred dollars valuation, as aforesaid. The minutes of 
 the meeting shall be recorded and preserved in the record book of the 
 township board of education. And the rate per cent so decided upon 
 the board shall make known by certificate in writing, within ten days, 
 including any tax which may have been voted by a special meeting, 
 for the establishment of high schools, as provided in the tenth sec- 
 tion to the assessor, who shall le^y the entire amount of such assess- 
 ment on all the taxable property of the township; and make a return 
 thereof to the county superintendent, and such taxes so levied for 
 school purposes, shall be collected as the state taxes are collected. 
 And the officer collecting the same shall be allowed a commission
 
 16 
 
 Free School Law. 
 
 Commission for 
 collecting tho 
 same. 
 
 Township treas- 
 nrer. 
 
 His bond. 
 
 Duties of towu- 
 ship clerk re- 
 specting the 
 same. 
 
 Restrictions on 
 treasurer by 
 county superin- 
 tendent. 
 
 Treasurer's an- 
 nual settlement. 
 
 Delivery of pa-j 
 pers and books 
 at expiration of 
 his term. 
 
 Failure of treas- 
 urer to make an- 
 nual settlement. 
 
 thereon at the same rate per cent as may be allowed for the collection 
 of said state taxes, and he shall make payment of said moneys to the 
 treasurer of the township as other school funds are paid. 
 
 40. The township treasurer shall be the treasurer of all school funds ^ 
 belonging to the township, arising from whatever sources; and before 
 entering upon the duties imposed by this act, he shall give bond with 
 security, approved by the board of education for the township, in 
 double the probable amount of money that shall come into his hands; 
 and said bond shall be filed with the clerk of the township; and on 
 the forfeiture of such bond, it shall be the duty of the township clerk 
 to prosecute and collect the same for the use of free scliools in the 
 township, and if such township clerk shall neglect or refuse to so 
 prosecute, then any freeholder may cause such prosecution to be in- 
 stituted. 
 
 41. The county superintendent shall issue to the township treasurer 
 an order for the payment to him of any school funds belonging to the 
 township, but before said order shall issue, such treasurer shall fur- 
 nish the superintendent with a certificate from the township clerk that 
 said treasurer has executed and filed with him a proper bond, and also 
 stating the amount of said bond ; and the county superintendent shall 
 not permit the said treasurer to have in his hands, at any one time, an 
 amount of school funds over one-half the amount of the penalty in 
 such bond ; and the township board of education shall allow the town- 
 ship treasurer a compensation equal to one per cent on all school 
 funds disbursed by him, to be paid on the order of the township clerk 
 out of the said school funds. 
 
 42. (As amended 1865.) The township treasurer shall annually, be- 
 tween the fifteenth day of August and first day of September, settle 
 with the county superintendent, and account to him for all money 
 received, from whom, and on what account, and the amount paid out 
 for school purposes in his township. The county superintendent shall 
 examine the vouchers for such payments, and, if satisfied with the 
 correctness thereof, shall certify the same ; which certificate shall be 
 a discharge of such treasurer ; and at the expiration of his term of 
 service, said treasurer shall deliver over to his successor in office all 
 books and papers, with all money or other property in his hands 
 belonging to said township, or to schools therein, and also all orders 
 he may have redeemed since his last annual settlement with the coun- 
 ty superintendent, and take receipt therefor, which he shall deposit 
 with the township clerk within ten days thereafter. 
 
 43. In case the township treasurer shall fail to make such annual 
 ■ settlement within the time prescribed in the preceding section, he 
 
 shall forfeit fifty dollars, to be recovered before any court having juris- 
 diction, in the name of the state of West Virginia, for the use of free 
 schools in the proper township ; and it is made the duty of the town- 
 ship clerk to proceed forthwith, in case of such failure, by suit against 
 such treasurer, to recover the penalty aforesaid ; but when it shall 
 appear on trial, to the satisfaction of the court, that said treasurer was 
 prevented from making such settlement within the time prescribed, 
 by sickness or unavoidable absence from home, and that such settle-
 
 Free School Law. 17 
 
 ment has since been actually made, the court shall discharge such 
 treasurer on the payment of costs. 
 
 44. f As amended 1865.) It shall be the duty of the several township School houses 
 
 ^ ' -iiz-T- 1-1. aud school honse 
 
 boards of education, so soon as practicable alter Their township has sites. 
 
 been sub-divided as provided in the sixth section of this act, to pro- 
 vide school houses in such locations as will best accommodate the ma- 
 jority of the inhabitants of such sub- divisions, and to furnish them 
 with such furniture and other appendages as are necessary to the 
 comfort, health and progress of the pupils; aud for this purpose they ^ax iv district 
 are hereby empowered to levy a tax of twenty cents on the hundred to irovidf sama. 
 dollars, on the taxable property of the district ; which tax shall be 
 assessed by the township clerk, upon the basis of the last valuation 
 for state purposes ; and a duplicate of such assessment shall be deliv- 
 ered to such collector as may be appointed by the board ; and when 
 collected shall be paid over to such treasurer as the board, under 
 proper regulations looking to the security of the fund, may appoint ; 
 and the amounts so collected and paid over, together with all gifts, Building fund, 
 grants, donations and devises, which may be made for such purpose, 
 shall constitute a building fund, to be exclusively -appropriated to the 
 purchase of sites for school houses, the construction and furnishing of 
 the same, or for the rent, hire or repair of such property for the use 
 of the free schools of the district. 
 
 45. Wherever shool houses, school house sites or other property, is Houses and sites 
 now held by trustees or others for the use of schools, the board of '° Present use. 
 education of the township in which such property is held, shall pro- 
 cure conveyance of the same for the use of free schools, wherever 
 practicable, and shall cause all such property to be valued by three 
 disinterested persons not resident within the sub- division in which 
 
 such property is located ; and the amount of such valuation shall be 
 credited to the inhabitants of the sub-division in which such property 
 is located, on their annual assessment for building purposes. 
 
 46. It shall be the duty of the boards of education within the several Examination of 
 townships, as soon as practicable after the passage of this act, and on '''"^®' 
 
 a day to be appoiated by the county superinteudent, to examine, in 
 connection with the county superintendent, all the school houses and 
 school property within their district, and of which they may have re- 
 ceived conveyance ; and all such school houses as are conveniently 
 and properly located, and are deemed sufficient or capable of being 
 rendered so by repair or alteration of structure, shall be established 
 as the school houses of the respective sub-divisions within which they 
 are located ; and all bouses which are inconveniently or improperly 
 located, or insufficient and incapable of being rendered sufficient by a 
 reasonable expenditure, shall be condemned and sold at public sale, 
 the proceeds thereof being added to the building fund. 
 
 47. No new school house shall be erected, or an old one improved, ^"7r*jftindenu 
 unless the plan thereof shall have been submitted to the county super- respecting school 
 intendent, and approved by him; and it is hereby made the duty of 
 the county superintendent, to acquaint himself with the principles of 
 school house architecture, and in all his plans for such structures, to 
 have regard to economy, coavenienco and durability of structure.
 
 is 
 
 Free School Law. 
 
 Authority of 
 boards of educa- 
 tion to borrow 
 money for build- 
 ing purposes. 
 
 Condemnation 
 of land for school 
 house sites. 
 
 School property 
 exempted Irom 
 taxation and 
 execution. 
 
 School year and 
 month. 
 
 Board of school 
 fund. 
 
 Officers of same. 
 
 And in order to aid the county superintendents in this branch of their 
 duties, it is hereby made the duty of the state superintendent to fur- 
 nish, at the expense of the school fund, the office of each county su- 
 perintendent within the state, with one copy of *' Barnard's School 
 House Architecture," or such other standard work upon the subject 
 as he may prefer; such work to be kept in the office of the county su- 
 perintendent for consultation and reference, and to be delivered by 
 him to his successor. 
 
 48. The board.s of education of the several townships may borrow 
 money for building purposes upon the credit of the building fund, but 
 no greater amount of money shall be borrowed at any one time than 
 the proceeds of the fund for five 3'ears would be sufficient to liquidate, 
 nor shall the building fund of any township be pledged for any debt 
 for a longer period than five years. 
 
 49. When land has been designated by the board of education of 
 any township as a suitable location for a school house and the neces- 
 sary buildings, or for the enlarging of 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, the board of education may peti- 
 tion the circuit court of their county to have such lot of ground con- 
 demned for the use of public schools, and to have a jury of viewers 
 appointed, to consist of three discreet persons not resident within the 
 township within which such land is located, who, being duly sworn or 
 affirmed faithfully and impartially to try all matters submitted to them, 
 shall assess the value of such land, and upon due return being made 
 of such assessment, and the amount thereof being paid or tendered to 
 the owner or owners of the land in question, the said board may enter 
 thereon and use such land for school house purposes : Provided, that 
 no land shall be taken which shall exceed in quantity one acre. 
 
 50. All school houses, school house sites and other property for the 
 use of free schools, shall be exempt from taxation, and also from sale 
 on execution, or other process in the nature of an execution. 
 
 51. The school year shall commence on the first day of September, 
 and all reports, settlements, and so forth, shall be made in reference 
 to that day. The school month shall be held to consist of twenty-two 
 days in all contracts with teachers, and other operations of the boards 
 of education ; and no school shall be kept in operation for the pur- 
 poses of ordinary instruction on any Saturday ; but it shall be taken 
 as part of the contract with every teacher, that two Saturdays of every 
 month shall be devoted by the teachers of each district to appropriate 
 exercises for mutual improvement, under such regulations as the board 
 of education, under the instructions of the county superintendent, 
 may designate. 
 
 52. (Repealed by act of March 2, 1864.) 
 
 53. The governor, auditor, treasurer, secretary of the state, and the 
 general superintendent of free schools, shall be a corporation under 
 the name of "The board of the school fund," and shall have the 
 management, control and investment of said fund, under the first sec- 
 tion of the tenth article of the constitution. 
 
 54. The governor shall be the president of the board, and in his
 
 same. 
 
 Free School Laiu. 19 
 
 absence the board may choose one of their numbei- to officiate tempo- 
 rarily in his place. The auditor shall be the secretary of the board. 
 A faithful record shall be kept of all their proceedings, and a copy 
 thereof, certified by the secretary of the board, shall be evidence in 
 all cases in which the original would be. 
 
 55. A meeting of the board may be held at any time, upon the call proceedings of 
 of any member thereof, provided notice be given to all the members 
 who may be at the seat of government. The auditor's office shall be 
 the place of meeting, and the proceedings shall be signed by the pres- 
 ident of the meeting for that day, and shall be open to inspection at 
 
 all times. 
 
 56. All money which ought to be paid into the treasury to the credit Recovery of 
 of the school fund shall be recoverable with interest, by action or Bchoo[fiind. 
 motion, in any court having jurisdiction ; and the auditor shall insti- 
 tute and prosecute said action or motion when thereto directed by the 
 
 board. 
 
 57. The board may appoint agents for the collection of debts or ^g^e^°4°l)'^®board 
 claims, and authorize them to secure payment thereof, and protect the of ^^^ school 
 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 direction 
 thereto annexed,) conveying to the purchaser by special warranty. 
 Said agent may be allowed by the board a compensation not exceed- 
 ing in any case five per cent, on the money actually paid into the 
 treasury. 
 
 58. The board shall from time to time invest all the uninvested cap- investmeut of 
 ital and interest of the school fund in interest-bearing securities of the schooUund. 
 United States or of this State, as provided for in the constitution. 
 
 59. The auditor shall be the accountant of the board, exercising Duties of au- 
 
 - , . . , . , dit ir as member 
 
 any of their powers, except that he shall not, without special author- of the board, 
 ity 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 fund is iuvested, in such depository for ^ 
 
 safe keeping, as the board shall direct. 
 
 60. The auditor, shall annually, before the first day of November, His annual re- 
 deliver to the governor and to the general superintendent of free school fund, 
 schools, each, a report made up to the first day of October next pre- 
 ceding, of the condition of the school fund, with an abstract of the 
 
 accounts thereof in his office ; which report the general superinten- 
 dent shall lay before the legislature in his next annual report to that 
 body. 
 
 61. All money belonging to the school fund shall be received into Payment into 
 and paid out of the treasury, upon the warrant of the auditor. But di'-''buSint''of 
 no warrant for paying out such money shall be issued without the ^"'"'"' ''^"'"y- 
 authority of the board. 
 
 62. All acts and laws heretofore existing in this state, in any way Laws repealed, 
 inconsistent with the provisions of this act, are hereby repealed. 
 
 Sec 2. (Of the act of 1805.) The state superintendent of free DutyofSfato 
 schools may prescribe a series of class books to be used in the free ""s'^pccUn " t^xt 
 Bchoola throughout the state. ^^^*'-
 
 20 Iree Schools of Wheeling. 
 
 From Chap. 89, Ads of ISGZ. 
 
 19. The voters of each township, at any legal annual meeting, or 
 at a special meeting duly called for the purpose, if the votes in favor 
 of the proposition are two-thirds of the whole number given, or equal 
 in number to a majority of all the voters of the township, in addition 
 to all taxes required by law to be levied on the property of their town- 
 ship, may levy taxes on such property for^the following purposes, 
 within the limits hereinafter specified : 
 
 For the better maintenance and improvement of the free schools 
 established by law within their township, not more in any one year 
 than five cents on every hundred dollars of the taxable value of 
 such property, according to the most recent legal assessment of the 
 same. 
 For procuring the necessary laud and erecting school-houses and fur- 
 nishing the same, not more in any one year than five cents on every 
 one hundred dollars of such value ; 
 
 But nothing in this section contained shall prevent the township 
 
 making contracts for any of the above purposes, if the payments on 
 
 account thereof are so arranged that the annual appropriation required 
 
 to meet the same shall not exceed the amount by this section author- 
 
 ■ ized to be raised by taxation for such purpose in any one year. 
 
 Chap 93. — An ACT to provide Free Schools for the City of 
 
 Wheeling. 
 
 Passed March 2, 1865. 
 Be it enacted by the Legislature of West Virginia : 
 School district. 1- The city of Wheeling and parts of townships connected tbere- 
 with shall constitute but one school district ; and the board of educa- 
 Boardoi" educa- i\q^^ thereof shall consist of three commissioners from each of the 
 *'"°' townships of the district, elected by the qualified voters thereof in con- 
 
 formity with the provisions of the second section of "an act for the 
 establishment of a system of free schools," passed December tenth, 
 eighteen hundred and sixty-three. The official term of all commis- 
 sioners elected under this act shall commence on the first day of July 
 next succeeding the time of their election. 
 Rightsaud pow- 2. The board of education for the school district of Wheeling shall 
 ersof board. ]^g invested with the same rights, and shall exercise the same powers 
 and perform the same duties, as appertain to the boards of education 
 of the several townships by the "act providing for the establishment 
 of a system of free schools," passed December tenth, eighteen hundred 
 and sixty-three, except so far as shall be otherwise provided in this 
 cierit of board, ^ct. The said board shall, at their first meeting, elect one of their 
 number clerk, who shall perform all the duties which are devolved by 
 the last mentioned act upon clerks of townships as secretaries of boards 
 of education, but shall not in consequence of being clerk be deprived of 
 his right to vote upon any question pending before the board. Wher- 
 ever the word "township" occurs in the act above mentioned, it shall 
 be construed to mean "school district" whenever necessary to give 
 Treasnrfcr of dis effect to the provisions of this act. The treasurer of Ohio county shall 
 triutinnd, ^^^ treasurer of all the funds for school purposes belonging to the 
 
 school district of Wheeling, and he shall conform to all the require- 
 Meetin^sof merits made of township treasurers in regard to funds for school pur- 
 bol^'""" " puses. Said board of education may hold stated meetings at such
 
 Free /Schools of Wheeling. 21 
 
 times as they may appoint, ten members of taid board at all meetings 
 thereof constituting a qaoi-um for business ; and special meetings 
 thereof may be called by their president or at the request often mem- 
 bers, by the clerk, on giving one day's notice of the time and place of 
 the same. 
 
 3. The board of education of the school district of Wheeling shall P"maryBchooi8. 
 have power to establish in said district an adequate number of prima- 
 ry schools, in which the rudiments of education shall be taught; and 
 
 they shall have power to divide the said district into sub-districts, and 
 
 to establish in each of said sub-districts a grammar school, to be so loca- school^.*' 
 
 ted as best to accommodate the inhabitants thereof, in which shall be 
 
 taught such of the common branches of education, and to such extent 
 
 as the said board shall prescribe ; and said board may also have power High schools. 
 
 to establish a central high school, in which shall be taught algebra, 
 
 geometry, natural philosphy, chemistry, philosophy, with such other 
 
 branches of mathematics, or natural sciences or literature, as the board 
 
 may determine, including such as may be necessary for the admission 
 
 of pupils to the colleges of this or neighboring states. 
 
 4. Admission to the various schools in this system shall be gratu- ^^a'',.^ua'*^cliooir 
 itous to all white children, wards and apprentices of actual residents 
 
 in said district, between the ages of six and twenty-one years, and the 
 board of education shall have power to admit to said schools other 
 pupils, not under the age of six years, upon such terms or upon the 
 payment of such tuition as they may prescribe, provided that no pupil 
 shall be admitted to the grammar schools who fails to sustain a 
 thorough examination in the studies of the primary schools, and no 
 pupil shall be admitted to the high school who fails to sustain a 
 thorough examination in the various studies of the grammar schools ; 
 and provided further, that the said board shall have power to make 
 and enforce rules for the exclusion of children when their attendance 
 would be dangerous to the health or detrimental to the morals or dis- 
 cipline of the school. 
 
 5. Said board shall have power to make all necessary rules and reg- rowers of board 
 ulations for the government of said schools; for the admission of pupils ofpducation. 
 therein, and for the examination that pupils must pass preparatory to 
 admission into the schools of higher grade than the primary ; to pur- 
 chase all necessary stationery, text books and books of reference for 
 
 the use of teachers and indigent children, and to incur all other ex- 
 penses necessary to make the system efficient for the purposes for 
 whifeft it is established, and to pay the same from the school funds 
 of said district. d- t • t ■• 
 
 6. The board of education of said school district shall, annually, at tendent.^"^''""" 
 their first meeting in July, or at the same meeting adjourned, elect 
 
 and fix the salary of the superintendent of schools of the district of 
 W'tieeling, whose duly it shall be to perform, in and for the school dis- His duty, 
 trict of Wheeling, all the duties which in the general school law of the 
 state are devolved on county superintendents, so far as they are not 
 inconsistent with or superceded by the provisions of this act ; also such 
 other appropriate duties as agent of the board as said board may de- 
 volve upon him; but the said board shall have power to appoint a com- committee of ex- 
 mittee, which shall include said superintendent, and whose duty it shall amination. 
 be to examine teachers and grant certificates in accordance with the 
 provisions of the thirty-fifth section of the general school law. 
 
 7. The provisions of the general school law, in regard to county General school 
 superintendents, shall be held applicahle in Ohio county only to the district.'" '^'^^'^^ 
 schools of those townships not included in the school district of 
 "Wheeling. 
 
 8. The state superintendent, in his report to the auditor, shall Puty of state bu- 
 specify separately the results of enumerations oi youth in the school auditor, 
 district of Wheeling, and in the remainder of the county. And the • 
 auditor in apportioning money for school purposes shall apportion to 
 
 the school district of Wheeling and the rest of the county separately.
 
 INDEX. 
 
 SEC 
 
 Accounts apainst township boards 9 
 Agents for Board of School Fund,. 57 
 Assessor to levy the township 
 
 assessment, 39 
 
 Audi for— duties of. 36, 38, 54, 59, 60 
 
 Board of Education, 4 
 
 May borr)w money, 48 
 
 Visits and i-eport of. 7 
 
 Settlements with township treas.... 7 
 
 Board of School Fund. 
 
 Officers of 53, 54 
 
 Meetings of.... 55 
 
 Recovery of money due, 56 
 
 Appointment of agents, ,. 57 
 
 Bond — of State Superintendent, 27 
 
 of County Superintendent, 18 
 
 of Township treasurer, 40, 41 
 
 Books — text. Sec. 2, law of Feb 25, 
 
 1865 
 
 Certificates of teachers, 35 
 
 Clerk of township, 5, 7 
 
 Condemnation of land for school 
 
 purposes,. 
 Condition precedent to the distri- 
 
 49 
 
 bution of the State fund, 13 
 
 Counii/ Superintendent. 
 
 Election of. 18 
 
 Duties of 20, 21;, 22, 23, 24, 47 
 
 Removal of 1 19 
 
 Salary of 25 
 
 Commissioners^ School. 
 
 Election, 2 
 
 Qualifications, 3 
 
 Vacancies, 3 
 
 Duties, 6, 7. 8, 10, 11, 12 
 
 Pay, 25 
 
 District School 6 
 
 Disbursement of school funds,. ..33, 38 
 
 Enumeration of youth, 3 
 
 Establishment of free schools, 1 
 
 Examination of teachers, 35 
 
 Funds, School 
 
 General school fund, 
 
 86 
 
 Investment of 5 
 
 £)0 
 
 SEC. 
 
 Disbursement of 61 
 
 Fines, confiscations, forfeiture, 
 
 tax, 37 
 
 Township levy, 39 
 
 Building funds 44, 48 
 
 Governor, 
 Member of the board of school 
 
 fund 53,54 
 
 Bifh Schools,. - 10, 11, 12 
 
 Begist&r, School, 15 
 
 Seal for Department of Free Schools, 33 
 State Superintendent. 
 
 Election, 26 
 
 Bond, 27 
 
 Duties, 28, 29, 30, 31 
 
 Office, 32 
 
 " seal of, 38 
 
 Salary 34 
 
 School Year and Month, 51 
 
 School Houses. 
 
 Examination of, 44, 45, 46 
 
 Exempt from taxatifti and execu- 
 tion, 50 
 
 Schools, District, 6, 7 
 
 Schools, High, ._ 10, 11, 12 
 
 Schools for Colored Children,, 17 
 
 Soldiers, entitled to tuition, 7 
 
 Supervisors, duty of, 25 
 
 Tax, School, 
 Sec. 19, chap. 89, Acts of Nov. 2, 
 1863. Constitution, article X, 
 
 sec. 2 
 
 State, 37 
 
 Township, - 39 
 
 For building, 44, 48 
 
 Teachers, 7, 14, 16 
 
 Transfer of pupils from one Town- 
 ship to another, 8 
 
 Treasurer of the State member of the 
 
 board of the school fund, 63 
 
 Treasurer, Township, 7,-40, 41, 42,43 
 
 " Bond of, 41 
 
 " County, 38 
 
 Wheeling School Law page 20. 
 
 LAW LIBRARY 
 TTNTVRRSITY OF CALljORNTA 
 
 1 rva AMfiWI.K.S
 
 Monutoctursd by 
 
 UAlYLORD BROS. Im;. 
 
 SyrocuM. N. Y. 
 
 Stockton, Calif. 
 
 ucsou
 
 
 .■s!ISllBr'aOll<lW