LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIF^T OK Received Accession No. 82.3!.53... Class No. THE SCHOOL LAW -OF- WEST VIRGINIA. ISSUED BY THE DEPARTMENT OF FKEK SCHOOLS. ' J o H o Mi CO H- H c+ 3 2 (C g H H^ 9) j i H- H- 09 <^ C3 b 1 j^3 M 03 8 8 c*- 4 5 I H- \. I p H- C"^ B M> !lj C 1 ^ Jii g CO "T* 09 H- c+- O 3 ^ c-*- o O M J . 03 Pj e* rl- cq CD '^ O Jj so 80 c~*~ H O O H o CO 3 ^j* CD O c+ O H {3* 1 1 M- p. M ^ pi }l po H p CO :> v^ >i3 H- CO 3 f-H 09 rt- o P^ o I I CO C+ & CO o o CD THE SCMOOL LAW OF WEST VIRGINIA AND OPINIONS or THE ATTORNEY-GENERAL AND DECISIONS or THE STATE SUPERIN- TENDENT OF FREE SCHOOLS With Explanations and REVISED AND ARRANGED BY J. R. TROTTER, STATE SUPERINTENDENT OP FREE SCHOOLS. CHARLESTON: WILL E. FORSYTH, PUBLIC PRINTER, 1897. CONSTITUTIONAL PROVISIONS K ELATING TO THE School System of West Virginia. ARTrCLE IV. -::- *:- :;- * * * T>. Every person elected or appointed to any office, oath of office. before proceeding to exercise the authority, or discharge the- duties thereof, shall make oath or affirmation that he will support the Constitution of the United States and the Constitution of this State, and that he will faithfully large the duties of his said office to the best of his \ and judo-men I; and no other oath, declaration, or shall be required as a qualification, unless herein otherwise provided. 0. All officers elected or appointed under this Consti- Removal from tvition, may, unless in cases herein otherwise provided office - for, be removed from office for official misconduct, incompetence, neglect of duty, or gross immorality, in such manner as may be prescribed by general laws, and unless so removed, they shall continue to discharge the duties of their respective offices, until their successors are elected, or appointed and qualified. 8. The Legislature, in cases not provided for in this L *| g is J^ re to Constitution, shall prescribe by general laws, the terms ternSfof Office, of office, powers, duties and compensation of all public officers and agents, and the manner in which they shall be elected, appointed and removed. ARTICLE VIII. Each county shall be laid off into districts, not Districts. Q three nor more than ten in number, and as ;'iy equal as may be in territory and population. 82753 SCHOOL LAW or WEST VIRGINIA. ARTICLE IX. ment. 4 - The Presidents of the County Courts, the Justices 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 the opinion that the words "all other county officers," as used iu this section, include members of boards of education, although they are elected in districts. This is by no means clear, hnwe ir er. This section Is in force ex proprio vigore and'needs no additional legislation. Alfred Caldwell, Attorney-General. ARTICLE X. Capitation tax. 2. The Legislature shall levy an annual capitation tax of one dollar upon each male inhabitant of the State who has attained the age of twenty-one years, which shall be annually appropriated to the support of Free Schools. Persons afflicted with bodity infirmity may be exempted from this tax. Power of Leg- 5. The power of taxation of the Legislature shall isiature 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 7, County authorities shall never assess taxes, in any etc. 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 Brannpn vs. County Court, ing this section. W. Va.,p. 789, constru- SCHOOL LAW OF WEST VIHGINIA. 5 8. No county, city, school district, or municipal cor- Bonded in- poration, except in cases where such corporations have ae 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 except shall be contracted under this section, unless all ques- 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 Gen*rV have a general supervision of free schools, and perform su 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 Legislature may provide for county superin- tendents, and such other officers as may be necessary to carry out the objects of this Article, and define their duties, powers and compensation. 4. The existing permanent and invested school fund, 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 SCHOOL LAW OF V,' IA. State of Virginia for e<~i of the ej will or heir, and of all e,sc! any taxes that may bo levic poration; ail mono;, for exemption fron may, from time to time .lature for the pun- fund to be called tl: ' such regulation interest bearing securi >r of this State, or if such inter ' )G ^ ame d? then said "School Fund' 7 in such other solvent in. bo approved by the Governor, Super!?; liools, Auditor and T< , who are h< tuted the "Board of the School Fund," to same under such regulations v hw; and the interest thereof shall be amm to the support of Free School and to no other purpose whatever, said interest remaining unexpende fiscal year shall be added t-\ capital of the "School Fund"; which shall be ; by the State. lands, except the t refunded to the co. same Avere levied. to 5- The!, Free schools, schools, by approprin invested 'SScht. ures and fines accruing to thi thereof; the State capitation tax; and ; tion of persons and prop provide for raising, in each c< authority of the people t' the amount required for the support of Free therein as shall be pre.--, ^6. The school disiric divided shall continue until c- law. to be 7. All levies that n:;. ;v count SKE o? to trict for the purp- county court, to the Clerk of the regulations as 3 by the Sheriff, or '.lector, v nual settlement with the County Con. L LAW or WEST VIRGINIA. 7 merits shall he 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. 0. No person connected with the free school system school officers of the Stale, or with any educational institution of any f$ e rested in mime or grade, under State control, shall be interested** 16 of books. iie sale, proceeds or profits of any book or other ( used, or to be used therein, under such penalties iv l>e prescribed by law; Provided, That nothing rail be construed to apply to any work written n vented by such person. No independent Free School district, or organiza- independent U hereafter be created, except with the consent Dlstricls - : district or districts out of which the same y a majority of the voters r.g on the question. LI. No appropriation shall hereafter be made to any Normal ,i)ol, or branch thereof, except to those 8oh00 ^- -blished, and in operation, or now chartered. The Legislature shall foster and encourage moral, Leislature to ial, scientific and agricultural improvement; it practicable, make suitable provision for the b 'tnd insane, and for the vtion of such institutions of learning as the best oral education in the State may demand. SCHOOL LAW OF WEST VIKGINIA. THE SCHOOL LAW. CHAPTER XLV. Of Education. school dis- 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 present districts and sub-districts shall remain until changed in the manner prescribed by law. 5omity n super- 2. A county superintendent of free schools in each TenS'oTofflce coun ty 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 }^ears thereafter, whose term of office shall commence on the first day of July next after his election and continue for four years and until his successor shall be elected and qualified according to law. Election O f There shall also be elected at said election, in each SmnSs^ aud district of the county, by the voters thereof, and every loners. Term four years thereafter, a president of the board of educa- lce ' 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. Board of edu- The said president and commissioners shall constitute consulate! 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 time. The county superintendent of free schools shall, immediately upon receiving the certificate of election SCHOOL LAW OF WEST VIRGINIA. from the commissioners of the count} T 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 : how of education, the county superintendent of free schools 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 Ihe 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 county at least three days before the day of such meeting, by the sheriff, or other officer, to whom the same may be delivered to be served. The ballots used at said election shall also have writ- ten or printed thereon the words, a For school levy", or Levy. 44 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 seperate lines the words "For school levy", 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, "For increase in months school", and "Against months school", 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 levy", 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 rnajorty of the ballots cast in a district have written or printed thereon, "Against school levy", no levy shall be made by said board for the year next succeeding. But it shall be the duty of said board special eie?- 1o cause a special election to be held on the Tuesday pu^oee 1 - WJ after the first Monday in November, next thereafter, at when - which the question of levy, or no levy, shall in like man- ner be again submitted to the people for their decision, and if a majority of the ballots cast at such special elec- tion be, "For school levy", such levy shall be made as herein bef ore required. Of every such special election the secretary of the gf^SSJce of board of education of the district shall give notice, by election. 10 SCHOOL LAW OF WEST VIRGINIA. posting the same at each place of voting in the district at least ten days before the day on which the same is to bo held. The election to bo held on the third Tuesday in May, 1893, for the purpose 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 bo held according to law; but their terms of office shall expire as soon as their successors are elected and qalified, at the election to be held on the first Tues- day after the first Monday in November, 1894. Commis- sioner of election. Trustees; appointment VficancJe-, I. A person elected to any office, whether State, county or district, must be a resident ot the political division to which hie powers and duties are limited, (aee Code, chap, vii, sec. 8.) 3. Any person who may act as commissioner of any 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 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 nned not less tnan fifty dollars, and imprisoned not less than twenty days. 4. At the meeting of the district board of education, held on the first Monday in July, 1881, they shall ap- 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 years; 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 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. II. The appointment of a person to fill a vacancy of president of the board ot education makes such person president of the board. III. Vacancy in the office of county superintendent is filled by the presi- dents of the boards of education. IV. Section 8 of Article XII. of the Constitution provides that the Legis- lature may provide for county superintendents and other school ottioors and defines their duties, powers and compensation. Sections 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 ol Article IV. of the Constitution or sections 8, or 10 ol chapter 4 of the Code control as to apportionment of members of boaids of education. I am, therefore, of the opinion that persons appointed by the county superinten- dent to fill VHcancies in the board of education hold for the uuexpired term. T. S. Eiley, Attorney-General. SCHOOL LAW or WEST VIRGINIA. 11 5. Every school trustee, and every president Time m which and commissioner of the board of education elected to qualify. within this State shall, within ten days after his election has been duly declared, qualify as such by taking and subscribing, before someone duly authorized to admin- ister oaths, within his county, the oath of oilice pro-- scribed by section live of article four of the Constitution, which oath shall be liled with the secretary of the board of education of his district. 6. The boards of education of the several districts Boards of shall hold their first meeting for each school year on the' first Monday in July. At this meeting they 'shall deter- 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 shall have regard to the grada of teachers' certificates, fixing to each grade the salary that shall bo paid to teachers of said grade in the several sub-districts, as fol- lows: Teachers having certificates of the grade of num- ber one, shall be paid not less than twenty-five dollars per month; those holding certificates of the grade of number two, not less than twenty-two dollars per month; and those holding certificates of the grade of number three, not less than eighteen dollars per month. And the trustees of the several sub-districts shall in no case transcend or diminish the salaries so fixed in any con- tract they may make with teachers. A quorum of the board of education shall consist of Quorum, a majority of the members thereof, and in the absence of the president one of said members may act as such; but they shall do no official business except when as- sembled 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 the board of education shall receive as compensation for his services the sum of one dollar and fifty cents per day. to be paid in like manner as the salary of the clerks 01 the boards of education; videa, That no member shall receive pay for more six days' services in any one year. V. A board of education has no authority to annul a teacher's certificate for any eause. Only the county board of examiners can do tai*. VI. Boards of education fix the term of school for the whole district. VII. If a eub- district for any canse fall io have a school In any yaar It can not have a longer term than the other schools of the district in the follow- ing year. SCHOOL LAW or WEST VIRGINIA. VIII. It is the duty of the county superintendent to i-sue orders for the pay of members of the board of education, if satisfied the service has been rendered, but this should not be done before the first day of June of each year. IX Members of boards of education of independent districts, where not otherwise specially provided, are entitled to pay as provided in the general school law. X. If officers of town corporations a.lso act as the school board for the independent district they are entitled to the same pay as district nchool officers of the same grade ; Provided, they receive no compensation from the town corporation for their services. XI. Only one payment of $1.50 per day, for not exceeding six days can be made for services of an/ member of a board of education, and the succes- sor gets nothing if the predecessor received pay for the six days allowed. Alfred Caldwell, Attorney-General. Board of Education a Corporation. Process on board : how served. XII. Th* 1 board have the power to fix the salary to be paid teachers ae 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 tear/her of any grade certificate which entitled him or her to teach, and' pay the salary fixed by the board for that grade. T. S.Riley, Attorney-General. 7. The board of education of each district arid 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 be im pleaded; and as such corporation, shall succeed and be substituted to all the rights of the former township and district boards of education; and may prosecute and maintain any and all suits and proceedings now pending, or which might have been brought and 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- pacity for all claims legally existing against the board of 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 dis- trict, and the property of the former township or dis- trict for which their district was substituted. Process and notice may be served on said corporations by delivering a copy thereof to the secretary, or any two members of the board. And all suits or proceedings now pending in any of the courts of the State, in the name of the board of education of any district for anv demand or claim in favor of the board of education of any township or district, are hereby made valid. SCHOOL LAW or WEST VIRGINIA. 13 8. The board of education, at their first meeting after secretary of their election, shall appoint a secretary, who shall not be 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 b (i 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 writings pertaining to the business of re P rts ol - the board, as the board or law may dirct. 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 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. For his services as secretary he shall receive such secretary ; compensation as the board may determine from year 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. til.) XIII. Teachers are school officers. \ IV The office of secretary of the hoard of education is held at the will Of the b >ard. The secretary "may be relieved at any tune by the board. XV Secremries o' boards of education make but one report per year to the c mnty superintendent. The two blanks are sent to each secretary that He mav rotainacopyofhisreportinhisoffice. Special information mo 8 1 befur uibhad by the rfecrdtary to the county superintendent at any time required. SCHOOL LAW OF WEST VIRGINIA. Board of Education ; powers and duties of. Change in sab-district. Appeal to County Su- perintendent XVI. The secretary's annual report cannot be completed before the sher- iff's settlement with the board of education. County superintendents are forbidden by law to issue orders for the pay of secretaries until they pre- sent correct and complete reports. XVII. The law does not specify who shall call the meetings of tho board. The board should adopt a rule upon this subject at its first meeting in the tchool year, when ail its members are present. D. The boards of education shall have general control and supervision of the schools and school interests of their districts; they may determine the number and location of the schools to be taught; 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 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 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. XVIII Where the county court of a county changes the boundary lines of a district or increasfS or diminishes the number of districts after the annual levy has been laid for school purposes, and the salaries 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 80) , the schools aud SCHOOL LAW OF WEST VIRGINIA. 15 school officers should continue as if no change had been made, making settlements, Ac. .until the close of the year, when the changes ordered should be recognized. XIX. 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. XX. The appeal to the county superintendent under this section la limited to cases involving the changing of boundaries of a sub-district, or increas- ing or diminishing the number of sub-distriots. 10. The board of education shall cause to be kept in schools must every sub-district of their district, by a teacher or * teachers of competent ability, temperate habits and crood morals, a sufficient number of primary schools for the instruction of the persons entitled to attend the 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 with intent to make such sub-district their home, shall at 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 instruction at any tree 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 who to pay fees, not to exceed one dollar and fifty cents per month tu for each pupil, and upon such other terms as the trus- tees of the sub-district may prescribe. Said tuition fe,es shall be paid in advance to the sheriff, who shall give his receipt therefor, and place the amount to the credit of the teachers 1 fund of said district. Wa. Every person having under his control a or children between the ages of eight and fourteen years, shall cause such child or children to attend some public school in the city, independent district, or district in which he resides, and such attendance shall continue for at least sixteen weeks of the school year, provided the school be in session as many as sixteen weeks, and for every neglect of such duty the person offending shall be guilty of a misdemeanor, and shall upon conviction thereof before any justice be fined two dollars for the first offense, and five dollars for each subsequent offense. An offense, as understood in this act, shall consist in fail- ure to send to school any child or children for five con- secutive days, except in case of the sickness of such child or children or other reasonable excuse. 16 SCHOOL LAW OF WEST VIRGINIA. Trustee and teacher to inform. Branches to be taught. And it shall be the duty of every trustee and teacher to inform against any one so o ft' ending and upon a fail- ure so to do they shall be guilty of a misdemeanor, and be fined not exceeding live dollars; Provided, That if siicl) child or children have attended for a like period of time a private day school, or if such child or children have been otherwise instructed for a like period of time in the branches of learning required by law to be taught in the public schools, or have already acquired such branches, or if his physical or mental condition is such as to render such attendance inexpedient, or impracticable, Mich penalty shall not be incurred; Provided, further, That incase there be no public school in session within two miles by the nearest traveled road, of any person in the school district, he shall not be liable to the provisions of this act. Any tines so collected shall be placed to the credit of the building fund of the district. If sixty per cent, of the legal voters of any city, inde- pendent district, or sub-district shall petition the board of education against the enforcement of this act, the said act, so far as that sub- district is concerned, shall be null and void until the beginning of the next school year. Justices of the peace shall have jurisdiction in all violations of this act in their respective counties. XXI. A teacher has no authority to admit or exclude pupils from a school, whether from the same or another sub-district, without the consent and direction of the trustees of the school. This does not refer to his right to suspend a pupil for disorderly conduct. XXII. The teacher has no right to receive the tuition of pay pupils and have it deducted from his mouth's salary when his order is drawn. 11. In the primary schools there shall be taught orthography, reading, penmanship, arithmetic, English grammer, 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. XXIII. A board of education has no authority to prescribe additional branches to those provided by law, or to require them to be taught. SCHOOL LAW OF WEST VIRGINIA. 17 XXXI. 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 tanght'in the primary schools, but teachers 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. XXXII. Trustees should be very carefjal not to unnecessarily interfere with a teacher in relation to matters pertaining to the conduct and govern- ment of his school. I do not think a teachr should be compelled to give instruction to pupils * * in all branches prescribed by law without ref- erence to proper grade. Alfrtd Calduiell, Attorney-General. XXMIII. 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 sup* rintendent alone upon whom this responsibility rests . The law makes it the duty of members and secretaries of boards of education and of trus- tees 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. lla. I. That the nature of alcoholic drinks and nar- Nature and cotics, and special instruction as to their effects upon the ffi& (BtoS?*" human system, in connection with the several divisions must be ln ' of the subject of physiology and hygiene, shall be in- taught - eluded 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. 11. It shall be the duty of the proper officer in control Fine for faii- of any school described in the foregoing section to en- ure to teach< force the provisions of this act; and any such officer, school director, committee, superintendent or teacher who shall refuse or neglect to comply 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. III. No certificate shall be granted to any person to Tea chers to be teach in the public schools of the State, after the first of' 8yamined - January, annodomini, eighteen hundred and eighty-nine, who has not passed a satisfactory examination in physi- ology and hygiene, with special reference to the nature and the effects of alcoholic drinks and narcotics upon the human system. 12. The trustees shall be under the supervision and Trustees control of the board of education, and in all cases the action of the trustees shall be subject to the revision and correction of the board of education, on the motion 18 SCHOOL LAW OF -WEST VIRGINIA. Transfer of Tuition. Time of elect- ing teacaers. Form el contract. of any member thereof, or upon the complaint in writ- ing- of any three tax- payers of their sub-district. Whenever it shall happen that the persons authorized to attend school are so situated as to be better 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 house is, or may be, situated; but the enumeration of youth shall be taken in each sub-district as if no transfer had been made, and the trustees of the sub-district in which the school is sit- uated shall have the management of such school. But in all cases of transfer of pupils from one district to another, the board of education of the district from which the transfer is made shall pay to the board oi 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 oi scholars taught in such school. XXXIV. "Thi^ section was not intended nor dops it authorize trustees to transfer pupi's from a sub-districc to an independent school district. " Caldwelli Attunui/ General. XXXV . The cost of the tuition of the transferred pupils should be estimat ed f om the lime the transfer takes effect until it expires f r the pupils are withdrawn. XXXVI. No transfer is complete until the trustees of the sub-district tc which transfers have been made have agreed io accept the. pupils. XXXVII. 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 noi required to do so by statut >. ro notify their hoard of education of all transfers made I y them, and the said board of education i--i required by this section to pay to tiae board of education of r he district to'which the pupils have been transferred such proportion of the cost of said school oi schools as thepHpils so tiansferred bear to the whole number of pupils taught in said schools during the time of the transfers. 13. The trustees of every sub-district shall have charge of the schools therein and shall meet at the school house of their sub-district on the third Monday in July of every year, or as soon thereafter as prac- ticable and appoint a teacher or teachers for the coming- session of their school, and in such appointment at least two of the trustees, who are the trustees for the ensuing year, shall concur, and such appointment shall be in writing in the form of a contract, according to the form furnished by the State Superintendent of Free Schools and said form shall state that the trustees whose signa- tures are affixed thereto, met together as herein re- SCHOOL LAW OF WEST VIRGINIA. 19 quired, and said contract shall be filed with the secre- tary of the board before the beginning of the term for which said teacher is employed. If the appointment of any teacher be otherwise than at a meeting herein authorized, the board of education may 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 may teacher so appointed may be removed by the trustees or b9 r '' moved by the board of education for in competency, neglect of duty, intemperance, profanity, cruelty, or immorality. The trustees shall exclude from any school under their Pupil may be charge any person having a contagious or infectious dis- Spelled"*: ease, and they may suspend or expel any scholar found guilty of any disorderly, refractory, indecent, or im- moral 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 pro- ceeding, and their action in each particular shall be sub- ject to the revision and correction of the board of edu- cation 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, Trustee may for good cause shown be removed f rom office by the be n moved - board of education upon five days notice in writing, of the cause alleged for his removal, and of the time and place the board will take action thereon. Whenever at the end of any school month the daily i 1 *^ average attendance for that month has been less than thirty-five per cent, of the whole number of pupils enumerated in the sub-districts, the trustees may dismiss the teacher and discontinue the school, unless otherwise directed by the board of education; and no high school shall be continued if at the end of any school month, it has not had an average daily attendance of twenty-five scholars. And it is further expressly provided that should trustee of any sub-district or 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 education is authorized by law to act, shall be guilty of a felony and upon conviction thereof shall be punished as provided in chapter 147 of 20 SCHOOL LAW OF WEST VIRGINIA. Trustees Jnspeo? d schools. the Code of this State, and the teacher who offers or ten | ders to such trustee or member of the board of education ] any money or other thing of value to influence the same, in aid of securing a school, he shall be liable to punish ment as provided in said chapter., XXXVIII. Neither boards of education nor trustees have authority to employ a person to teach in the free schools of this State unless such per- * son presents a certificate in duplicate still in force of his qualification to teach a school of the grade for which he applies. For decision regarding duplicate certifiate, see same under section 28. Teachers employed as substitutes should hold same grade of certificate as those whose places they fill. XXXXIX. A teacher has the right to punish pupils placed under his charge- tor 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. XL. The trustees of a school have authority to contract with a teacher for the length of time ad the price per month prescribed by the board of education, and the board must provide for its payment. 14. The trustees shall visit every school under their charge within two weeks after the opening, and again within two weeks before the close thereof, and at such other times as in their opinion may be useful to do so. 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, furni- ture, apparatus and library are kept in good order; whether anything injurious to the health is suf- ered 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 enquiry 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. XLI. The duty of visiting the schools is made obligatory upon the trus- tees, and they should faithfully comply with the law in this matter. XLII. The leading object of the trustees on this, their first yisit, should be the examination of the sanitary condition of the school building and out-houses. The health of both teachers and pupils depend upon health- ful surroundings. keep school 15. They shall cause the school houses under their order, n charge and everything pertaining thereto, to be kept in SCHOOL LAW OF WEST VIRGINIA. Ji good order and repair, and for this purpose it shall, among other things, be their duty to cause proper suits and prosecutions to be instituted, in the name of the board of education of the district or otherwise, against every person who shall injure or destroy any school property of which the said trustees have charge; and they shall not, without the permission of the district board of education, allow said school houses to be used for any other purpose whatever, except for the purpose Trusteos may of holding religious or literary meetings and Sunday JoSsc^he 1 schools, equally by the various religious denominations used for cer- that may apply for the same, and further for such other ta meetings as may be considered beneficial to the public generally under such regulations as to the care thereof as may be prescribed by them; Provided, That such meetings shall not interfere with the public schools. The trustees shall furnish to the board of education estimates of all improvements necessary to the preserva- tion or repair of buildings, grounds and furniture under their charge. XLIII. The trustees of a school may allow religious exercises held in their school house. They mny 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 th petition in writing of three tax-payers of the sub-district, tbe action of the trustees may be reviewed and reversed or affirmed. The county superintendent has no authority in the matter. XLIV. "Debating societies," teachers' meetings, school exhibitions and spelling-schools, together with any other meetings, having for their object the advancement of the school interests of the sub-district, and being of a literary character, if conducted in a respectable manuar, come within the meaning of the words "literary meetings," as used in the fifteenth section of the school law. XLV If tone trustees of a school refuse the use of a school house for religious purposes, an appeal may be taken to the board of education. The decision of the board is final, either for or against. They may absolutely exclude all denominations from the school house. XLVI. 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 s-uch societies. The use of public school property for such purposes is a privilege, not a right. XLVII I think that the trustees, with the consent of the board of edu- cation, 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 tfi? opinion that the action of the trustees in either refusing or grant- ing the use of a school house for the purposes above mentioned may be re- viewed by the board of education 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. L5a. [Section 19, chapter 14 code, chapter 13, Acts 18S7.] If a person willfully interrupt, molest or disturb any free school, or other school, literary society or schoo 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 22 SCHOOL LAW OF WEST VIRGINIA. 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. 15J. 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 instrumental, or for any moral and social amusement, the person so off ending shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than five dollars, and may be imprisoned in the county jail not exceeding ten days. must 16. The trustees of each sub-district shall keep exact account of account of all necessary expenses incurred by them in the performance of their duties, and render to the sec- 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. purch e ie?e? ^ & trustees of any sub-district may purchase fuel, tain articles water buckets, brooms, coal hocfs, shovels, pokers, stove tainrepatrs er "pip es 5 crayons, erasers and dippers, for use in school rooms. They may make such repairs in windows, doors, benches, desks, floors, walls, ceilings and roofs as will render the house comfortable. 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. Trunks: No one trustee shall, by himself, have any power to perform any duty required by law of the trustees, who shall meet at a time and place fixed by two of their number, the other having had reasonable notice of such meeting, and two of the trustees shall constitute a quo- r.ecord of rum, and they shall keep a record of their acts and pro- 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. SCHOOL LAW OF WEST VIRGINIA. XLVIII. While trustees are, api>- , hoard of education, their powers are pres Bribed and their duties imposed by law : and by section 12 of cftap- ter 45, of the Code, the actions of ?uch trustees are subject to the rev-s'on 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 the trustees, of the duties imposed upon them as such bv law.. By section 16 of chapter 45 of the Code, it is provided, among othwr things that "the trustees of any sub-district may purchase fuel, water buckets' brooms, coal hods, shovels, pokers stovepipes and dippers for use in school rooms. * * For such purchases they shall render to the seere tary of the board of education an account which, if the board find correct fchey shall pay out of the building fund ff the district." If then the "board, upon examination or rf-visal, find the account correct, they cannot alter, amend or repudiate it; but in the language of the law' they shall pay it out of the building fund of the district. C. C. Watts, At- torney-General. 17. White and colored persons shall not be taught in white and coi- the same school; but to afford to colored children the muft^S? 18 benefits of a free school education, it shall be the duty of attend same the trustees of every sub-district to establish therein, scnooL one or more primary schools, for colored persons be- tween the ages of six and twenty-one years, whenever the number of such persons residing therein, and be- tween the ages aforesaid, exceeds fifteen according to the enumeration made for school purposes. The trustees of two or more sub-districts, whether in the same or adjoining districts or counties, may, by agree- ment with each other, join in establishing a primary school for colored children residing in said sub-districts, and such schools so established shall be subject to the same regulations as are provided for the schools for white children, in section i 2 of this chapter. XLIX. If th colored popular ion of ,-ichool age exceeds fifteen, a school must be established for thejr accommodation. If there are not so many, th t is if the number be fewer thau fifteen, they may be transferred to an adjoin- ing sub-district in which a colored school exists, such transfers, to be made according to regulations prescribed in section 12. L. "When a school has beeu established for colored pupil , under s* % ctiou 17 it must be kept open and continued &s Ion,? as the schools for whites in the ame district. The colored children, after ths school is established under that section, are entitled of right to t*ie same apparatus, necessary furniture, and schooi appliances as welJ as the same length of school term as the white* in sch i ols of like grade, no matter how iittle or how great the ta?es collected from the o. ,lored people of the district may be. There is nothing in th*- 18th section to affect this view. The 18th section deals with another case entirely and oaitnot affect in any way a sub-district where a coif-red school is established in accordance with law." Alfred Calfhrcll, Attorney-General 18. Whenever, in any school district, the benefit of a Division of free school education is not secured to the colored chil- j n( dren residing therein, in the manner mentioned in the children, 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 t'-i SCHOOL LAW OF WEST VIRGINIA. set apart for the education of colored persons of the proper ae P rt - 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. LIII. Trustees should make their annual report as prescribed in form No. 7,nt the close of the year (June 80) waether the school closed then or not. 21. The secretary of the board of education to whom secretary s the report of the trustees shall have been made, as report ' 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 re- ported to him by the said trustees' reports and teachers' reo-isters, and showing the aggregate or average of each, as the case may require, for his district. 26 SCHOOL LAW OF WEST VIRGINIA. 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 amount of such taxes collected and placed to" the credit of each of these funds; the amount received from the State for the teachers' fund; the amount of the balance in the treasury at the beginning of the school vear for each fund; the amount of receipts from all other sources placed to the credit of each fund; the amount expended for the pay of teachers, male and female, white and colored, respectively; the amount of commission paid to the sheriff or collector; the amount of the delinquent list 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 pur- chase 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 enu- meration of youth, and for contingencies; also, the num- ber 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 Super- intendent 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. secretary's For this report the secretary shall be allowed out of formakin ti011 ^ e building f und, in addition to his salary as secretary, report. n ten dollars; but the board of education shall in no case order this sum to be paid until the county superintendent has certified to them that the said report has been made, and that it is correct and complete, and made within the time specified in this section. LIV. In the case of summer schools where a part of the term is finished in one year and apart in the next, the financial condition of the district imist 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 exe- cuted 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. LV. The secretary's annual report cannot be completed before the sher- iff 's settlement with the board of education. County superintendents must not issue orders for the pay of secretaries until tney present correct and complete reports. The law provides this in declaratory terms. LVI. Chapter 29, $ 67 Code, requires the secretary of every school dis- trict 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' SCHOOL LAW OF WEST VIRGINIA. 27 22. The county superintendent shall receive and revise county super- the reports made to him as aforesaid, and see that they Sporfc Vi 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 in ;ike 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 refer- ence to each district of his county, for the year ending on the preceding: thirtieth day of June, the several par- ticulars mentioned in the twentieth and twenty-first sections, with the proper aggregate or average of each for the county; and shall make the apportionment, and report such apportionment to the auditor, and also re- port whether the districts have made the levy for school purposes required by this chapter. LVII. The report of the county superintendent should be made not later than the first day of August, as prescribed by law, that the State Superin- tendent may complete his annual report, which he should have compiled for the Governor not later than the first day of October. LVIII. The apportionment of the General School Fund, made by the county superintendent, should be reported to the State Superintendent, as well as to the auditor. 23. The school year shall commence on the first day school year. 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. LIX. If any school opens after the first day of April, (the time required for the enumeration to be returned by the tewcher), if the teacher so open- ing the school ha? not taken the enumeration and returned it, it is the duty of the county superintendent to employ some cue, as the law directs, to take the enumeration of that f-uh-district. The pay to such person would not be properly deducted u cm the teacher's salary, who opined the schcol after the time required for the enumeration to be returned. LX. If a school opens so near the close of the school year thatbycon- tinuiug in session all the school days to the end of the year the term will not be finished b-fore the year closes, the remaining time, under the con- tract, may be completed in the new year. (In this case the school should be reported in the new year.) If the school onen in *mple time to finish before the close of the year, but suspends before the term is out, the time can not be added to the next year's term. LXI. 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 H jgh school; 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 SCHOOL LAW OF WEST VIRGINIA. 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 infr Cation 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 question, at the election specified in the notice, and the result ascertained in like manner as is prescribed in section two of this chapter. The ballots used on voting on the question shall have written or printed thereon the words, "For the high school," or "Against the high school." If it appear by the result of said poll that not less than three- fifths of the voters who voted on the question are in favor of authorizing the 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- tevy i for nal pose the board may annually levy an additional tax on high schools, the property taxable in their district, not to exceed in any one year thirty cents on every one hundred dollars valuation thereof, according to the latest assessment for State and county taxation. The said school shall be under the care and direction of the board of education of the district in which it is established. LXII. The maximum rate of levy is 50cf ntson the one hundred dollars, for country and village schools except as provided in section 40, hut for the support of high schools established in accordam-e with the provisions of this section, there may be an additi< nal lev/ of ;-50 cents on the one hun- dred dollars, thus making the maximum rate for the support of these schools 80 cents on the one hundred dollars, and the power to levy to tlrs extent is granted to the board by the vote of the people when the high, school is estatlished. High school may be established by two or more districts. 25. In like manner, if the boards of education of two or more districts, whether in the same or different coun- ties, deem it expedient to jointly establish and support a high school, they may submit the question of author- izing the same to the voters of their districts, sepa- rately, and in the manner prescribed in section twenty- four of this chapter, specifying in the notice the amount or proportion of the expenses which each district is to contribute;, and if authorized by not less than three-fifths of the voters voting on the question in each district, may proceed jointly to establish and support the said school; and for that purpose the said boards may annu- SCHOOL LAW OF WEST VIRGINIA. 29 ally levy a tax on the property taxable in their respec- tive districts, not to exceed in any one year the rate of thirty cents on every one hundred dollars valuation thereof. The said school shall be under the care and direc- Directors of tion of directors, to be selected and removed from time Bo>o? igh to time in such manner as the boards of education con- cerned may agree upon, or when there is no such agree- ment, under the care and direction of the board of education of the district in which the school house is situated, and the boards of education concerned shall from time to time prescribe such regulations as they may deem necessary respecting the school. 26. The board of directors who have the care and care and direction of the said school shall appoint, and may re- move the teachers, shall fix their salaries; prescribe the branches of learning to be taught; the time the school shall be kept open; the ages and qualifications of the scholars to be admitted, admit scholars from non-con- tributing districts on such terms of tuition as they may deem proper; expel or suspend scholars when necessary; ascertain and certify the expenses of the school, of which they shall cause exact accounts to be kept; and prescribe all needful regulations respecting the school, subject, nevertheless, to any regulations respecting the same that may be prescribed pursuant to the preceding section. They shall annually report through their secretary on Directors' or before the twentieth day of July, to the superintend- report - ent of free schools for the county in which the school house is situated, such particulars respecting the schools as the State Superintendent of Free Schools ' may require; and the county superintendent shall trans- mit the report, with such remarks and additional infor- mation as he deems proper, to the State Superintend- ent. The boards of education of any district may also Graded establish graded schools in towns, villages and densely &c populated neighborhoods of their respective districts, employ teachers therefor, and make such special regu- lations as may be necessary to conduct them. But in every such case involving additional taxation, the mat- ter shall be first submitted to a vote of the people and their consent obtained, as is prescribed in section twenty- four in case of a high school; Provided, That no addi- tional levy for a graded school shall exceed in any one year fifteen cents on every hundred dollars valuation. Provided further, When any sub-district having graded schools, desire a longer term of school than four months, it shall be the duty of the board of education on the pe- 30 SCHOOL LAW OF WEST VIRGINIA. tition of the taxpayers of such sub-district to submit the question to the voters of said sub-district, at such time and place as they may fix, by posting notices ten days before said election, setting forth the number of months the said school shall be ran, including the State Fund and their proper share of any district levy that may be levied in the districts for the support of the schools of said districts. Assessor must It shall be the duty of the assessor, with the assistance of property 1 , of the secretary of the board of education, to furnish such board a list of the property, both real and personal, assessed by him in said sub-district, for State and county purposes. And the said board of education may pro- vide for the extending of the said tax, and provide for the collection of the same, under such rules and regula- tions as they may provide, and use the fund thus col- lected for the running of such graded schools. LXIII. "No vote of the people is necessary as a condition precedent to the establishing of a grao>d school in a district in case such school does not increase the levy over the fifty cent limit namd in section 40 The vote to authorize any levy must be tken as required by section 2. Section 20 specifically requires a vote where the cost involves a levy in excess of such fifty cents. I find no authority for continuing a graded sciool auy longer period than other schools of a district." Alj'rc no ^ exem pt from institute attendance who attend c shall fail or refuse to attend at least one institute annu- institute. a jjy^ \^.\^ under the provisions of this section, unless such teacher shall have an excuse therefor, sufficient in the judgment of the board of examiners to which such teacher may apply for examination, shall not be entitled to examination or be employed to teach any free school during the year within which such failure or refusal may have occurred. LXXXIX. The secretary of the board should carefully examine the month- ly summary whish the teacher files at the end of each month, for it should contain a summary of what the teacher is recording in his term register, which is to become the chief basis of the secretary's report to the county superintendent. In no instance should the secretary issue the teacher's order for his last month's salary until the term register is found to contain all data required by the above section, to be recorded in it. XCI '-The applicant for examination fora teacher's certificate must have attended one institute during the year or have an excuse for not so attecd- ing sufficient in the judgment of che board of examiners to entitle such applicant to be examined. Such attendance within the year, or such excuse is a condition precedent to the right to be examined." Alfred Caldwell, Attorney General. SCHOOL LAW OF WEST -VIRGINIA. 39 XCI. When only a few days of a school term run into a new year the school may be reported in the old year, but if a mouth or more of the school rujns Into the new year, then it should all be reported in that year. XCII. The per cant of attendance and absence should make 100 without the per cent, of noa-membership. XCIII. In making reports to the secretary, teachers should not count children of the sub district not enrolled in the school when a child is once enrolled he should be accounted for during the whole term, both be- fore and after he is enrolled. XCIV. It is the duty of the presidents and secretaries of the boards of education to issue orders for money directed to be paid by the board. XCV. The following excuses are deemed of sufficient importance in all departments of life aud may be regarded good for non-attendane at the institute: Sickness, death of a near relative, and attendance at court under summons. Frivolous and petty excuses should not be accepted. XCVI. "The trustees, if they employ a teacher who has not complied with the law requiring teachers to attend institutes, violate their oath of office, and ought themselves to be removed if it is done wilfully." Al- fred Caidivf.ll, Attorney-General. XCVII. The holding of an examination or the issuing of a certificate in any year prior to the first day of July is prohibited by law, The school year begins with that date, aud all certificates should be issued with refer- ence to it. If a certificate good for one year, be issued iu the autumn or later, it terminates with the first day of the ensuing July, and so with a two or four years' certificate issued at the same time would end with the first day of July two or four years hence. 31. In contracts with teachers, it shall be understood Holidays, that school is not to be kept in operation for ordinary instruction on the first day . of January, fourth day of July, or the twenty-fifth day of December, nor any Na- tional or State festival or Thanksgiving day; but the month or time mentioned in such contract shall never- theless be computed as if the said days were included. XCVIII. The day of election is not a national or State festival or thanks- giving day and does not come under the provisions of section 31 of chap- ter 45 of the Code, and therefore teachers are not; entitled to credit for this day^T. * s - -ft ''''.'/ 1 Attorney-General XCIX. I think from a liberal construction of section 31 that it is intended that in mot ths in which there is a holiday the number of days actually taught is one less than the number required by law for months it) which tbere is no holiday. In taking this view I think the teacher would be en- titled to credit for Christmas, but not for the day previous on which the school was not in session. T. S. Riley, Attorney-General. 32. All teachers, boards of education, and other school Teaching officers are hereby charged with the duty of providing ra that moral training for the youth of this State which will contribute to securing good behavior and manners, and furnish the State with exemplary citizens. It shall Building fires, also be the duty of every school trustee to see that the school house is kept clean and in good order, and that fires, when necessary, are made and kept therein, but no expense shall be incurred therefor, to exceed fifty cents per week, and the amount thus expended shall be cer- tified by the trustees to the board of education, and shall, 40 SCHOOL LAW OF WEST VIRGINIA. if correct, be paid out of the building fund of the dis- trict. C. I am of opinion, that under the foregoing provision, trustees have the power to incur the expenses therein provided for, and that where it is nec- essary, in order to comply with the requirements of said provision, they not only have the power, but it is their imperative duty to incur the ex- pense necessary to that end not exceeding fifty cents per we*k. I am fur- ther of opinion that, upon a proper CTtincaie of the expenditure of such amount being furnished the board of education of the district in which such expenditure is made, it will be the duty of said board to provide for the payment of the same out of the building fund of the district, provided, of course, the account is correct. The board of education can make no order by which this power or duty ran be taken from the trustees The law on this subject is explicit, and contemplates a specific compliance therewith. There is no Conflict between the above quoted provisions and others of chapter 45. The board of education have the "power of revisal and correc- tion" as to this provision, to the extent of seeing that the amount expended ift correct, but not to the extent of nullifying a plain provision of law C. C. Watts, Attorney-General. CI. Persons building fires should have a definite contract with the trustees. "The Legislature intended by enacting 32 to compel the trustees to have school houses kept clean, fires made and Kept, &c., by expenditures out of the building fund. The trustees have no right to alter the form of appointment prescribed by the State Superintendent so as to make it a duty of the teacher to do this work for the salary he is to get out of the 'teacher's fund.' * I fully concur with the opinion given by my predecessor (General Watts) upon the section named." Alfred Caldwell, Attorney-General. president of 33. The president of the board of education of every Examine aii district shall, at least once a year, examine the school school houses, houses and school house sites in the district, and report the condition of the same to the board; and such as are, in their judgment, properly located and are sufficient, or can with reasonable expense be rendered so, shall be retained for the use of public schools, and the remain- der, with the consent of the county superintendent, school build- shall be sold at public auction or otherwise, by the S ofd maybe board of education, and on such terms of sale as the board may order and the proceeds added to the build- ing fund: Provided, That the grantor or his heirs of any such school house site shall, if he or they so desire, have the same reconveyed to him or them, without the buildings thereon, (if any), upon paying to the board of education the amount received by such grantor for such site; or in case no compensation was paid therefor, the same shall be so reconveyed free of charge. In case of such reconveyance, the building on such site (if any) shall be sold, as hereinafter provided, with privilege ito the purchaser to remove it from off such site in a reasonable time. This proviso shall net be construed to apply to any school house lot within any village, town or city. Oil. "I am of the opinion that the board has the right to sell the old school house notwithstanding the fact that the If gal title had not been con- veyed. This was an inadvertance that no one can tak*> the advantage of. The equitable title was in the board. I think the board can sell the house "s provided in section 83 of chapter 45 of the Code." T. S. Riley, Attorney- General. SCHOOL LAW OF WEST VIRGINIA. 34. The board of education of every district shall r provide by purchase, condemnation, leasing:, building Jha e ii or otherwise, suitable school houses and grounds bJjJS their districts, in such locations as will best acco m mo- sound's, &o. date the inhabitants thereof, and improve such grounds and provide such furniture, fixtures and appliances for the said school houses, as the comfort, health, cleanli- ness and convenience of the scholars may require, and keep such grounds, school houses, furniture, fixtures and appliances in good order and repair: Provided, That in case such boards of education shall be unable to agree upon a proper location for a school house in any sub-district, such location shall be decided by the county superintendent. Boards of education in adjoining districts or counties Districts may may jointly provide for the erection of school houses|J in inerect - for the accommodation of adjoining portions of dis- houses! 00 tricts or counties, for high schools, union schools or sub district schools, which from local causes, can not be conveniently attached to sub-districts in the districts or counties to which they belong. The title to such houses Title to joint shall be vested in the board of education having super- vested^! 11 " vision of the sub-district containing the greatest number of children, and terms indicating a trust for the purpose aforesaid shall be introduced into an agreement made between the boards of education interested. Such school houses shall be provided with furniture, fixtures and such other appliances as are supplied to school houses generally. An equitable amount shall be assessed on each district interested, by the respective boards of edu- cation, for the purpose aforesaid. Boards of education shall in every case require bond of all contractors, with approved security, in double the amount of the contract for building or repairing school houses. No county superintendent, board of education, or any officers not to member thereof, or trustee of any sub-district, shall, directly or indirectly, become personally interested in contract, any contract for building or repairing school houses in his or their district; and any county superintendent, member of such board, or any trustee, violating this sec- tion, shall be guilty of a misdemeanor and fined not less than one hundred dollars. GUI. "The length of a school term in union schools must be determined by the term fixed by the district in which the school is located, for its schools. The trustees of the sub-district of the location of the school would control the school house, &c. All the boards of education of the dis- trict out of which the pupils are sent have to do, is to pay a just part of the expense of the union school." Alfred Caldwell, Attorney-general. CIV. In case the laud owner, on whose land a school house is built by a board of education before a deed is delivered therefor, refuses to make the deed, proceedings in a court of equity may be instituted by the board to compel ihe specific performance of the contract. SCHOOL LAW OF WEST VIRGINIA. CV. Chapter 65, Acts 1879, makes it a misdemeanor for any county or dis- trict school officer to become directly or indirectly pecuniarily interested in contracts, lettings and furnishings in cases where he has a voice or con- trol. See Acts 1879, chapter 65, wherein it is provided that : "It shall be unlawful for any member of a county court, overseer of the poor, d'strict school officer, or any member of any other district board, or for any county or district officer to be or become, directly or indirectly, pecuniarily inter- ested in the proceeds of any contract or service, or in furnishing any sup- plies in the contract for, or the award or letting of which, as such member or officer, he may have any voice or control." See also section IS of this chapter. CVI. When the board fail to agree upon the location of a school house, and the county superintendent is called, to decide the matter, his decision is final, and from it no appeal can be taken. CVII. A county superintendent has no authority to select a site for a school house. He can only act when the board of education fail to agree as to a location. ^5. No school house shall be erected unless the plan submitted to thereof shall have been submitted to the county super- in teSd y ent! per " perintendent, and approved by him, and it is hereby made his duty to acquaint himself with the principles of school house architecture, and, in all his plans for such structures, to have regard to economy, conveni- ence, health and durability of structure. CVIII. The approval of the plans of school houses is, perhaps, the most important duty which the county superintendent has to perform. He is thus made the architect of school house construction in his county, and if the same are illy constructed, poorly ventilated, poorly lighted, and im- properly heated, thus producing physical injury to the pupils, he is morally responsible. Land for school site may be con- demned. 36. ' When land has been designated by the board of education of any district as a suitable location for a school house and the necessary buildings, or for enlarg- ing 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 own- ers, or the owner or owners being non-residents thereof, by publication for four weeks in some newspaper pub- lished in the county, or if there be no newspaper pub- lished in the county, by posting the same for four weeks at the front door of the court house, and five other pub- lic places in the county, at least two of which shall be in the district and one in the sub-distict in which such property is located, the board may petition the circuit court of such county to have such lots of ground con- demned for the use of public schools, and such proceed- ings shall thereupon be had in the name of such board for the condemnation thereof, as provided for in chap- ter forty- two of this Code: Provided, That the land so taken shall not exceed in quantity one acre. CIX. When condemnation proceedings become necessary, the board o SCHOOL LAW OF WEST VIRGINIA. 43 education should consult and advise with the prosecuting attorney who will instruct it how to proceed according to the provisions of chapter XL1I of the Code of West Virginia. 37. All school houses, school house sites and other Schoo] property belonging to any board of education and used ertyexem pt. for school purposes, shall be exempt from execution or other process, and from lien on, or distress for taxes or county levies; but when any order of the board, upon the sheriff of the county, or judgment or decree for a sum of money against the said board has been presented to such sheriii 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. 37. WHEREAS it is represented to the legislature that, prior to the introduction of the present free school system, many 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 buildings 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 left the State, and others since the introduction of the free school system 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 TI?le to cer . hereby vested in the board of education of the school tain lands, 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 Certain lands school district in which any such land may lie, shall be may be sold. 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 the erection or repair of other buildings to be used and held for free school purposes, as in other cases. 38. To provide school houses and grounds, furniture, L for fixtures and appliances, and keep the same in good or- der and repair, to supply said schools with fuel and all other things necessary for their comfort and convenience, and to pay any existing indebtness against the building SCHOOL LAW OF WEST VIRGINIA. fund and all other expenses incurred in the district in connection with the schools, not chargeable to the "teachers' fund," the board of education shall, ai.nu- ally, on the first Monday in July, or as soon as practi- cable thereafter, levy a tax on the property taxable in each district, not to exceed, in any one year, the rate of forty cents on every hundred dollars valuation thereof, according to the latest assessment on the same for State and county taxation. GX. The levy for the Building Fund is limited to forty cents on the $100, except in the case of hierh schools organized under the provisions of section 24 of this chapter wherein it is provided that for the equipment and sup- port of these high schools 30 cents additional may be levied, thus making the rates of levy 70 cents on the $100. CXI. It is the duty of boards of education to levy for a sufficient amount for both teachers' and building funds, to do all that is necessary tohaveall the schools in their respective districts taught five months in the year un- less such amount would require a levy of more than the maximum, rate fixed by law. See section 40 and decisions thereunder. CXII. Power of board to purchase outline maps and dictionaries "Sec- tion 14 seems to imply that there may be apparatus and library connected with a 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 buiding 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 pur- chased out of the building fund at the discretion of the board of educa- tion by virtue of the authority conferred by the 34th section upon such board to provide such furniture, fixtures and appliances for the school houses as the convenience of the scholars may require." Alfred Caldwell* Attorney-General. Building Fuud. 39. The proceeds of taxes so levied, of school houses and sites sold, of all donations, devises and bequests applicable to any of the purposes mentioned in the pre- ceding section, shall constitute a special fund to be called the ""building fund," to be appropriated exclusively to the purposes named in the preceding section, CXIII. A balance due the building fund should not be taken by th board to pay debts againet the teachers' fund, nor should money be taken from the teachers' fu;.d to pay claims against the building fund. CXIV. Insurance paid for th* destruction of a school house by fire is paid to the credit of the building fund of th^ board of education gener- ally, and roay be used to erect another building in the same or a differ- ent place, or for other purposes, as the board may direct. CXV. To supersede or correct a school levy by the circuit court. For process, see Acts of 1875, chapter 72, and Weils, et al vs. Board of Educa- tion, 20 W. Va. 157. Levy fn at least five months in the year, and as many more as may be determined by the. voters of the district. "In districts in which the fifty cent levy will not be sufficient to maintain the schools for five months, the board of education has the power to in- crease the levy to the amount actually necessary to make up the deficiency, or thy may lay a special levy for that purpose." T. S. Rilley, Attorney- it a sufficient rate to run the schools of a district five 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 la\y which may under the provis- ions of section 40, by special levy exceed fifty cents i>n the $100. CXX. A board of education violates a plain provision of the law when it pays -vxistiug indebtedness" out of the levy for the current year and thereby shortens the term of the schools of the district below five months. A sum necessary to run the schools five months must be pro- vided, and if anything is left it may be applied to existing indebtedness. 46 SCHOOL LAW OF WEST VIRGINIA. Lon er term 41* -^ ^ e board ^ education oi any district agree that than fire r the school in their district should be continued more than five months in the year, or if twenty or more voters 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 it is proposed to continue the schools. Ballots may be used for voting on the question, on which may be writ- ten or printed "for months 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 con- tinue for two years. The poll shall be held and the election conducted, and the official records returned as prescribed in the second section of this chapter. The trustees in each sub-district may, in their discre- tion, order all the schools under their jurisdiction to begin in any month in the school year. 42. No district or independent school district shall I? afJvJ^nH hereafter receive any share of the distributable State oi otate luna _ 11- i i i - levy is iimd tor tree 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. CXXI. It is the duty of the county superintendent of any county in which a district or districts have voted down the levy, to inform the Auditor of the same, giving name or names of said district or districts, that he may properly transfer that part of the State fund due such district or districts for that year to the general school fund. See section 61, last clause. 43. The assessor of every assessment district shall tifufa^basS 1 " ma ^ e ou ^ an( ^ deliver to the secretary of the board of forachooi education of each district in his district, on or before the first day of July in each year, a certificate showing SCHOOL LAW OF WEST VIRGINIA. 4.7 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 shall serve as a basis for any levy that may be made for school purposes for that year. 44. Immediately upon the receipts 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, for the pay of teachers and for the building fund in their rate of district for the school year, and for the payment of any tion " 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 "'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 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 certficate 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 recov- flng ered, on motion of any citizen of the district, or sub- recovered, district, in which such overcharge or delinquency of the assessor or secretary shall occur or in which the prop- erty overcharged may be, on ten days' notice before any justice of such district, or by indictment in the cir- cuit court. CXXII. The rate of taxation and levy cannot be determined and laid be' fore the first Monday in July of each year. See form of proceedings at tins meeting, in Appendix. 48 SCHOOL LAW OF WEST VIRGINIA. Board must not create debt. Debt may be created in certain cases. on by the people. Trustees or Board indi- vidually responsible 45. It shall not be lawful for the board of education of any district, or independent school district, to con- tract for, or expend in any year, more than the aggre- gate amount of its quota of the general school fund, and the amount collected from the district or independent school district levies for that year, together with any balance remaining in the hands of the sheriff, or collec- tor, at the end of the preceding year, and such arrear- ages of taxes as may be due such district or independ- ent school district. But in districts wherein there is a town or city with an enumeration of youth of school age of three hun- fa^ OT OV er, the board of education of such district may borrow money and issue bonds therefor for the purpose of building, completing, enlarging, repairing or furnishing school houses, in such town or city. Said bonds shall be payable not exceeding ten years from their date, and the rate of interest thereon shall not exceed six per centum per annum, 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 contracted 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 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 said debt, and the principal thereof, within and not exceed- ing thirty-four years; and, provided, further, that no debt shall be contracted under this section unless all questions connected with the same shall have been ^ rs * submitted to a vote of the people of said district, te^ and have received three-fifths of all the votes cast for and against the same. Such election shall be held and conducted 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 occasion thereby the aggregate of the just claims against the board of education of the district, or inde- pendent school district, in any year, to exceed its aggre- gate receipts, as aforesaid, for such year, such board of education, or trustees, shall be individually responsible to the teacher, or other person with whom such agree- ment is made. The board of education of each district, and indepen- SCHOOL LAW OF WEST VIRGINIA. 49 dent school district, in each county, shall require its secretary, ten days prior to the first day of July, in each year, to prepare and post at three places of election within said district, or independent school district, and in each school district and independent school district where the expenditures for all school purposes in any one school year in said district shall equal or exceed the sum of three thousand dollars, said board of education shall also publish in some newspaper of the county having a general circulation in the district, an itemized statement, duly sworn to by the president and secretary of said board, showing all moneys disbursed by said pre- sident and secretary by orders on the sheriff, or other- wise, within the school year, last preceding, distinguish- ing between the teachers' fund and 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. CXXIII. The law maks no provision for additional compensation for the secretary in consideration of making up the statements to be published by boards in all districts having an annual expenditure of $3,000 or more. CXXIV. An important case arising under the provisions of Section 45, was decided by the Supreme Court of Appeals, December 6, 1898, and id reported in 38 W . Va . , p . 382 . The syllabus reads as follows : 1. Schools and Schoolhouses Boards of Education Contracts Construction of Statutes Under section 45, c. 45, of the Code, the value of a school house and 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 y^ar for contracts and expenditures. 2. Schools and schoolhouses Boards of Education Contracts Construction of Statutes. Where a contract between a board of education and contractors for build- ing aschoolhouse fixes a sum as the contract price, which may exceed the amount of money available 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 availa- ble 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 10 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 o collect and disburse all school moneys for the several sheriff, 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 hi? 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 entered of record by such court. 50 SCHOOL LAW OF WEST VIRGINIA. He shall keep his accounts with 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 disburse- ment to the fund to which it belongs. He shall pay out no money standing to the credit of the board of educa- tion, 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 said board, for a sum of money therein specified; or upon an order of the county superintend- ent, as provided in section eight of this chapter. sheriff's set- He shall, on, or immediately before, the first day of bonds' with J^y in eac k y ear > sett l e 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 indebted- ness 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 independ- ent 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 r them, end endorse on the back of each the words, "Settled by B. E." Under this endorsement the secre- tary of the board shall sign his name and date of settle- ment. sheriff's set- All such accounts and vouchers so endorsed shall then ^ e delivered to the sheriff or collector whose duty it shall be to deliver them to the clerk of the county court, which accounts and vouchers shall serve as a basis of the settlement to be made by the sheriff or collector, with the county court, according to Article XII. and section 7 of the Constitution, and section fifty-two of SCHOOL LAW OF WEST VIRGINIA. 51 this chapter. If any sheriff or collector shall pay out in any one year, more money on account of the teach- ers' fund or building fund than shall have been levied and could have been collected by him during said year, together with the amount remaining in his hands from any preceding year, he shall in such settlement, receive no credit for such excess. He shall receive no pay for receiving and disbursing sheriff's com the State school fund, and not more than two per cent. ml .f 10 o n ,, .. i j i_ 'iij_ i railroad 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 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 drawn by the said board of education upon him, the person entitled to receive the sum of money specified in such draft may require the sheriff to endorse thereon, or write across the face thereof the words "presented for payment," with the proper date, and sign the same, and judgment upon motion therefor may be obtained against the sheriff 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. CXXV. Where error is discovered after a settlement has "been made it may be corrected by proper legal proceedings. CXXVI. See Code, chapter 41, section 56, as to penalty for sheriff, who shall lail or refuse to pay any draft or order lawfully drawn upon him, un- der certain circumstances. GXXVII. "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. CXXVIII. School orders shall be received at par value in payment of taxes, county and district levies, militia fines and officers' fees, etc. bee section 1(5, chapter 41, Code. CXXIX. There is no law providing for the payment/by boards of educa- tion, or fees to county clerks for preparing abstracts of sheriffs' settlements as required by section 52: or certifying delinquent lists to Boards ol educa- tion, as required of him by this section, or for certifying the value of real estate to said boards as he is required to do by section 43. This work is a part of his duty as a county officer, for which he is paid a salary out of the county treasury by the county court. SCHOOL LAW OF WEST VIRGINIA. 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 coun- ty of - , delinquent for the non-payment of school taxes thereon for the year - :" o3 o 6C a a S^ CD r-t a> T3 Name of Person . Estate held. Quantity of land lj s s Distance and b from courthot Teachers' fund. Building fund. [3 'o P4 CO Why returned quent. 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 - :" 4 "QJ Name of Person. 'o'S a a a> a If 0) bC a 5 g "S ** ft d 1 1 fl " H H PQ 00 ^ And the sheriff or collector returning such lists shall, at the foot thereof, subscribe the following oath: U 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 receiv- SCHOOL LAW OF WEST VIRGINIA. 53 ed no part of the taxes for which the real estate (or per- sonal property, as the case may be), therein mentioned is returned delinquent, and that 1 have used due dili- gence to find property within my county liable to dis- tress for said taxes, but have found none." 48. The said lists shall be returned to the county court, property lists before the first day of July in every year, and a list of disposition 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 mak- ing out the next land book. The list of personal pro- perty 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. CXXX. Secretaries should see to it that clerks of the county courts furnish them with these lists before the first Monday in July, as required bylaw. 49. The auditor shall include the school taxes on real Return of de- estate so returned delinquent, in his list to be furnished lin( i uent land - the sheriff for sale for deliquent 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 estate for for the commencement of the assessment of taxes therein e for such 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 payment. 51. A copy of the list of personal property, returned L . gt Q{ delinquent for the non-payment of district levies, shall, a/property^e- be placed by the clerk of the county court in the hands ^ d delin - 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. 52. Every sheriff or collector shall be allowed five sheriff 's com- per centum, commissions on the collection of all district S 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 received and disbursed by him for the preceding year 5i SCHOOL LAW OF WEST VIRGINIA. 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 matter of record by the clerk of said court, in a book to be kept for that purpose. All accounts and youchers required to be returned to the clerk of the county court by section forty-six of this chapter, shall be filed b}^ said clerk in his office, and the file of each district shall be kept separate. penalty for ^ an y sner ifi or collector of school moneys shall fail failure to to make the settlement required by this section at the 5ients! et time required, without reasonable cause therefor, he shall forfeit fifty dollars to the general school fund, and a like penality shall be incurred by him for each subse- quent term of the court that shall pass without such settlement. And the sheriff or collector shall moreover, be charged with twelve per cent, interest on all school moneys in his hands for the time he is in default in mak- ing the settlement required in this section, which inter- est shall be charged up against him when the settlement shall be made. Prosecuting When the sheriff or collector shall fail to make this a11 se ^ emen ^ at ^ e 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 settlement herein required. This settlement shall extend back to the commencement of the term of office of such sheriff or collector. M v^r ^ an J hoard of education fail to make the settlements Members of i . ,. i T .,1 i board fined, required by section forty-six ot 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 pres- cribed. CXXXI. This abstract of the settlement withi the shf-riff should be promptly forwarded to the State superintendent, by the county clerfc, imme- SCHOOL LAW OF WEST VIRGINIA. 55 diately after the settlement with the sheriff made at the next term of the county court after ihe first day of July annually, as required by section 52. 53. The county superintendent of schools shall be a county super- person of good moral character, of temperate habits, ^^fi 6 ^' literary acquirements, and skill ana experience in the 2Sd safary ni art of teaching. He shall receive for his services an annual compensation, as follows: In counties having not more than fifty schools, one hundred and fifty dol- lars; in counties having more than fifty and not more than seventy-five schools, two hundred dollars; in coun- ties having more than seventy-five and not more than one hundred schools, two hundred and fifty dollars, and in counties having more than one hundred schools, three hundred dollars, which salary shall be paid ratably for any shorter term of service than one year. Such compensation shall be paid quarterly, upon salary, how orders drawn by the county superintendent on the State paid - Superintendent of Free Schools, who shall, upon receiv- ing the same, draw his warrant upon the auditor there- for, payable to such county superintendent, or to such person as he may direct. But the final payment shall not be made until the county superintendent has made the reports required of him to the State Superintendent of Free Schools. The same shall be paid out of the general school fund, but the amount thereof shall be deducted by the auditor from the amount next to be distributed to each county. He shall, before entering upon the duties of his office, execute a bond, conditioned according to law, before the bond, county court of his county, or the clerk thereof in vaca- tion, 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 board of education, for losses sustained by reason of his neglect; or non-performance of duties imposed by this chapter. Said bond shall be filed in the office of the clerk of the county court, who shall within five days certify to the State "Superintendent of Free Schools the name of said county superintendent and his post office address: Provided, That the county superintendents heretofore elected shall continue in office until their suc- cessors shall have been elected and qualified under this chapter. A vacancy in the office of county superintendent shall vacancy, how be filled for the unexpired term by the presidents of the fllled - 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, within^ thirty days after the vacancy occurs. A majority of said presidents 56 SCHOOL LAW OF WEST VIRGINIA. shall be necessary to constitute a quorum at such meet- ing. CXXXII. County superintendents must make their reports to the state superintendent full and complete before making requisition for last quarter's salary; and the state superintendent must see to it that said re- port is full and accurate before issuing his requisition upon the Auditor for said last quarter's salary ot count j superintendent. CXXXII1. The offices of county superintendent and of notary public are not incompatible. CXXXIV. County superintendents have no official authority over the question of the rate of wages to be paid in xhe several districts. Boards of education fix the rate to be paid each grade, provided tiiat they do nos go below $25 per month for grade No. 1; $22 for No. 2; and $18 for No. 3 certifi- cates. See section 6. CXXXV. The county superintendent should not pay the secretaries un- til 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 chap- ter. CXXXVI. The salary of the county "superintendent depends or is regu- lated 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 he is entitled to such increased salary. T. S. Riley, Attorney-General. county super- 54. The county superintendent shall visit each school intendent to within his county, at least once in each school year, at visit schools. .. J such time as be 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 teach- er, orally or by writing, as to him shall appear to be necessary to the good order of the schools and the pro- gress of the scholars- He shall note the character and condition of the school houses, the sufficiency or insuf- ficiency of their furniture and fixtures, and shall make such suggestions to the several boards of education and trustees as in his opinion shall seem conducive to the comfort and progress of the scholars in the several schools. 55. It shall be the duty of the county superintendent to aid the teachers in all proper efforts to improve them- selves in their profession. For this purpose, he shall encourage the formation of county institutes for mutual improvement; shall attend the meetings of said institutes County and union insti- tutes. SCHOOL LAW OF WEST VIRGINIA. 57 whenever practicable, and give such advice and instruc- tion, in regard to their conduct and management, as in his judgment will contribute to their great efficiency. In connection with superintendents of the adjoining counties, each county superintendent shall encourage the formation of union institutes; shall attend and partici- pate in the exercises 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 per- sons entitled to receive the same. 56. In addition to the reports mentioned in the twenty- county super- second section, it shall be the duty of the county super- *J te jj enVs intendent to make out and transmit to the State Super- re intendent 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 1 have failed to make returns of the enumeration 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 proceedings; of all certificates issued by the board of examiners, and of all reports made by him, which book shall be the property of the office; and all outgoing county superintendents shall make the report required for each year of their service. OXXXVII The law as laid down in section 66, 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 superinten- dent's "annual report" and the same should be properly filled. 57. No school officer, or teacher of any free school, shall snoois officers act as agent for any author, publisher, bookseller, or other SftoSt 7 person,^ to introduce or recommend the use of any book, agents. 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; 58 SCHOOL LAW OF WEST ^VIRGINIA. nor shall each person be otherwise interested in the sale, proceeds or profits of any book or other thing used, or to be used m said schools: Provided, That nothing herein shall be coastrued to apply to any book written, or thing invented by such person, or to merchants who, in connection with their business, may desire to sell school books or other things used in schools. Provided, further, That the same are embrced in the prescribed series. GXXXVIII. It IB not a violation of law fo the teacher to order for the pupil* of hla Bfthool, they ftirniihlng the money, the lawful,oontractnchool booka they need, at the contract price, either by mail or express. The teacher would riolate the law, howevr, if he took any profit, or in any sense became an agent or dealer in school books. 58. [This is inserted in place of section 58 of chapter 45 of the code, which is repealed by it.] I. That on and after the first day of July, 1896, the following text-books, and no others, except as herein- after provided, shall be used in the primary and graded schools throughout the State, and the prices of said books shall be and remain the same as are named in this section. ORTHOGRAPHY. Contract Price. McGuffey's Revised Eclectic Spelling Book lOc. (ten cents.) BEADING. Contract Price. McGuffey's Revised First Ec- lectic Reader lOc. (ten cents.) MoGuffey's Revised Second Eclectic Reader 18e. (eighteen cents.) McGuffey's Revised Third Eclectic Reader 25c. (twenty-five cents.) McGuffey's Revised Fourth Eclectic Reader 30c. (thirty cents.) McGnffey's Revised Fifth Ec- lectic Reader 45c. (forty-five cents.) PENMANSHIP. Contract Price. Ginn & Co.'e Grammar Course, Nos. 1, 2, 3, 4, 5, 6 and 7, 32 pages to each number, Nos. 1 and 2 having two copies to each page 5c, esich (five eta,) Giim & CO,'H Tracing Books, Nos, 1, $ and 3 ,,,.,,,,..,,,,. 4o, each (four cttu SCHOOL LAW OF WEST VIRGINIA. 59 MATHEMATICS. Contract Price. Contract Ex- change Price. Rays New Primary Arithmetic ......... . lOc. (ten cents.) Brooks' New Mental Arithmetic .......... 22c. (twenty-two 15c. (fifteen cents.) cents.) Contract Price. Ray's New Practical Arithme- tic ....................... 35c. (thirty-five cents.) Ray's New Higher Arithmetic 60c. (sixty cents.) Ray's New Elementary Alge- bra ...................... 60o. (sixty cents.) Ray's Ne w Higher Algebra. .. 75c. (seventy-five cents.) Evane' School Geometry for beginners . . .............. 4:0c. (forty cents.) ENGLISH GRAMMAR. Cou tract Prlco. Hyde's Language Lessons, Parti 25o. (twenty-five ot.) Hyde's Language Lessons, Part II -I3c. (forty :thre cts.) Contract Prioa. Contract Bx- Advanced Lessons in English (Hyde), for high schools ........ 36c. (thirty-six 25c. (twenty- cents.) five cents.) Harvey's Revised En- glish Grammar (Harvey), for high schools ............ 47c. (forty-aeven cents.) PHYSIOLOGY. Contract Price. Cutter's Beginner's Anatomy, Physiology and Hygiene ..... SOc. (twenty cents.) Cutter's Intermediate Physiol- ogy and Hygiene ............. 35c. (thirty-five cents.) Cutter's Comprehensive Physiol- ogy and Hygiene ............ 60o. (sixty cents.) HISTORY. Contract Price. Contract Ex change Price. General History Myers' General His- tory $1.10 (one dollar and ten cents.) 82c. (eighty- two cents, ) 60 SCHOOL LAW OF WEST VIRGINIA. Contract Price. Exchange Price United States Lead- ing Facts of Ameri- can History (Mont- gomery) 65c. (sixty-five 50c. (fifty cents.) cents.) The Beginner's Ameri- can History (Mont- gomery) 43c. (forty-three 35o. (thirty- cents.) five cents.) State History History and Government of West Virginia (Lewis) 80c. (eighty cents. ) GEOGRAPHY. Contract Price. Contract Ex- change Price. Mitchell's New Primary Geography thirty-five cents per copy. Mitchell's New Inter- mediate Geography, eighty cents per copy. Knote's Geography of West Virginia thirty cents per copy. Maury's Physical Ge- ography 75c. (seventy-five 25c. (twenty cents.) five cents.) Butler's New Physical Geography 75c. (seventy-five 25c. (twenty cents.) five cents.) SINGLE EKTRY BOOK-KEEPING. Contract Price. Contract Ex change Price. Meservey's Book-keep- ing 35c. (thirty-five 20c. (twenty cents.) cents.) Meservey's Book-keep- ing Blanks (optional), per set 35c. (thirty-five cents.) CIVIL GOVERNMENT. The American Citizen (Dole) 65c. (sixty-five 43c. forty- cents.) three cents.) Provided, That "Dole's American Citizen" shall not SCHOOL LAW OF WEST VIRGINIA. be contracted for under the provisions of this act, either as a work on civil government or as a reader, until the sa tie hns been changed so as to conform with the Senate resolution offered by Mr. Finley and adopted bv the Senate on February 14, 1895. MAPS. Rand, McNally & Company's wall maps and school globes, 40 per cent, off retail price. MISCELLANEOUS. Contract Price. Dictation Blanks, (O'Neill), Nos. 1, 2, and 3 each 4c. (four cents). Globe Practical Spelling Tablet 36 pages 3c. (three cents). Optional Studies in Schools of all Grades. OBJECT DRAWING. Contract Price. Jacob's and Brower's Elementary, Nos. 1, V, 3, 4, per copy 8c. (eight cents). Advanced, Nos. 5, 6, 7, per copy. lie. (eleven cents). Teachers' Manual 30c. (thirty cents). MUSIC. Contract Price. Cecilian Series of Study and Song, No. 1 25c. (twenty-five cents.) Cecilian Series of Study and Song, No. 2 35c. (thirty-five cents.) Cecilian Series of Study and Song, No. 3 50c. (fifty cents.) Cecilian Series of Study and Song, No. 4 50c. (fifty cents.) SUPPLEMENTARY READING. Contract Price. Nature Readers, Book I. (Wright) 18c (eighteen cents.) Nature Readers, Book II. (Wright) . 25c (twenty-five cents.) Nature Readers, Book III. (Wright) 38c (thirty-eight cents.) Nature Readers, Book IV. (Wright) ,.-... 45c (forty-five cents.) 61 62 SCHOOL LAW OF WEST VIRGINIA Works of Reference. State Superln teudent to contract for books. Contract for five years. Other con- ditions of contract. Changes In books. DICTIONARIES. (1) Webster's Common School. ...$0.50 (fifty cents.) (2) Webster's Academic ... . 1.00 (one dollar.) (1) Worcester's New School. 55 (fifty-five cents.) (2) Worcester's Academic 1. 00 (one dollar. ) Peter's Tellurian with Instruction Book 5.00 (five dollars.) Provided, That no pupil or school shall be required by any board of education, teacher or trustee to use the supplementary reading 1 books, dictation blanks, Cecilian Series of Study and Song, Peter's Tellurian with In- struction Book, Globe Practical Spelling Tablet, Band, McNally & Co. 's wall maps, or object drawing, unless the parent or guardian of said pupil elect to do so, and no depositary shall be required to keep the same on hand for sale. II. The State Superintendent of schools shall, on or before the first day of September, one thousand eight hundred and ninety-five, contract with the several pub- lishers for the text books named in the preceding section, or that may be adopted under the provisions of this act, for supplying such books for use in the free schools of the State. III. The text -books selected and prescribed under the provisions of this act shall be sold by said pub- lishers to any board of education, depositary, teacher, pupil, parent or guardian or other per- son of this State at a price not exceeding the net con- tract price named in connection with and opposite each of said books in section one of this act. Such contract shall be made for a period of five years, beginning with the first day of July, eighteen hundred and ninety-six, and shall also provide that said publishers will supply such books in sufficient quantities and in quality or pa- per, typography and binding equal to the sample copies exhibited to the committees on education of the session of the Legislature of this State of one thousand eight hundred and ninety-five, and shall provide that said publishers shall deposit with said State Superintendent similar copies of said books, to be properly marked and safely kept by him. No revision of such books shall be introduced into the free schools of this State during the life of the contract, except that the publishers of said geographies may make such changes therein, but not so as to alter the ar- rangement thereof, as may be necessary to cause such SCHOOL LAW OF WEST VIRGINIA. 63 books to conform to the facts of later explorations, the changes in the form of government and political divis- ions, and the discoveries of science. Said contract shall also provide that said publishers ^^ shall print for the information of county superintend- pride*? e ents, boards of education and for general circulation, a full schedule of the contract prices and exchange prices agreed upon, and to furnish to each county superintend- ent so many copies of such schedule as may not be less than the aggregate number of school houses and places in the county where Buch books are sold. Such con- tracts with trie publishers of books not now used in the schools of this Stato, shall provide for furnishing such books at the exchange prices named opposite said books in section one (1) of this act; and that said publishers shall make no charge to the boards of education or de- positaries or other persons for the boxing or cartage of such books, but shall deliver the same free on board cars at the place of publication; and that the said publishers shall at the end of the life of any contract that may be nmdo under the provision of this act, take back all copies of their books that may be in the hands of said depositaries and in good condition, and refund the amount paid there- for; also that if any of said publishers shall hereafter fur- nish any of said books to any state, county, district or township, city or town, at less than the foregoing prices, then such decreased prices shall also be estab- lished as a part of any contract made under the provis- ions of this act. IV. The several publishers of the said described Publishers' school book shall each, on or before the first day of b( September, one thousand eight hundred and ninety-five, execute and file with the State Superintendent of Schools, a bond to be approved by the Governor, in the penalty of ten thousand dollars, payable to the State of West Vir- ginia, conditioned according to law for the faithful per- formance of the contract and agreement made in pursu- ance with this act And upon a breach of any of the conditions of such bond, the State Superintendent shall, in the name of the State, institute suit thereon to recover for the same. All moneys so recovered, after the pay- ment of the costs of such proceedings, shall be paid into the general school fund and be distributed with it as provided by law. V. If any publishers of any of said text books, or Failure or series of such books, as are published in a series, shall fail or refuse on or before the first day of September, to OP6 thonsywl oijrb.t Vmn.hw 5 8vJ rmwty-ve, to ag id contract 1 file bowl as bwiabw S SCHOOL LAW OF WEST VIRGINIA. School Book Board . tiouol Book Board. Depositaries. Depositaries to make lists of books. three persons, citizens of this State, not more than two of whom shall be of the same political party, to be known as the State School Book Board, to solicit proposals from any publisher for the furnishing of such books not contracted for as may be required to complete the list of text-books for use in the free schools of the State; and from the books so offered, they shall select such as in their judgment are best adapted to be used in said schools, and to contract before the first day of July, one thousand eight hundred and ninety-six, for the fur- nishing of the same in conformity with the provisions of this act. Provided, That said School Book Board shall not con- tract for any text-book at a price exceeding the price named in section one of this act for books on the same subject, but may, in their discretion, require publishers to exchange books so contracted for on a free or even exchange for those now in use. The said State School Book Board shall each receive four dollars per day each day, not to exceed twenty-five days, they are necessarily employed in carrying out the provisions of this act, and actual necessary traveling ing expenses, to be paid by the Auditor out of the gen- eral fund, on the certificate and order of said State School Book Board. Any vacancy in said board shall be filled by the Governor. VI. At the first meeting after the 30th day of June, 1896, the board of education of every district in this state, shall appoint one or more depositaries in each dis- trict, and when practicable one or more depositaries at or near each postoffice, whereat shall be kept at all times a sufficient supply of text-books to supply the free schools of the neighborhood. Each depositary shall execute a bond in the penalty of double the value of the books which he will probably have on hand at any time, but in no event of a less penalty than two hundred dollars; which bond shall be approved by the board of education and filed with the secretary thereof. VII. Each depositary shall, on or before the first day of September following, unless the board of education shall name an earlier date, make out a list of the text- books, in sufficient quantity in his judgment, to supply the schools of his neighborhood for a period of six months, and from time to time thereafter each deposi- tary 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 publishers of the books therein named, SCHOOL LAW OF WEST VIRGINIA. VIII. It shall be the duty of said publishers promptly to forward the books therein named to such depositary JSXJ** of 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 accounts 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 deposi- tary receiving the same, shall promptly notify the pub- lisher making the same, and if such publisher fail to correct such error within ten days thereafter, such depositary shall notify the secretary of the board of education thereof, and the board of education shall investigate the same and take such action therein as may be proper and iust. Each depositary shall pay to the sheriff of the county, Depositaries' at the end of each sixty days, or oftener if required, commission - and whenever required by the board of education, the amount of money received by him from the 8ale of such text-books, since his last previous payment, less his com- mission, not exceeding twelve per cent, on the account of such sales. The sheriff shall give duplicate receipts therefor tos her |ff> 3 such depositary, wherein shall be stated the total receipts, &c. amount of such sales and the amount paid by swch depos- itary to the sheriff, one of which receipts shall be tiled by such depositary with the secretary of the board of education; and upon receiving the same, said secretary shall credit the account of said depositary with the amount appearing thereby to have been so paid by him, and the amount of said commission, by separate 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 accounted for by the sheriff in his annual settlement with the board of education. The amounts received from the sales of such books, Money from shall be credited to the building fund of the district, books! Each depositary shall be allowed a commission not to exceed twelve per cent, on the amount of all sales made by him, out of which commission he shall be required to pay all charges for transportation. IX. The board of education of each district shall be Board of liable in its corporate capacity for the whole amount all such text-books furnished to the depositaries in the manner hereinbefore prescribed, and shall within sixty 66 SCHOOL LAW OF WEST VIRGINIA. Lary for booka. State Super- intendent to prepare ulauk forms. Name* and presidents and secre- taries. Board may remove De- positary. 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 fayor of such publishers, payable out of the building fund of the dis- trict, and cause such order to be forwarded by mail to such publishers. On presentation of such order to him the sheriff shall pay the amount thereof to the party entiUed to receive the same, if there be in his hands sufficient 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 presentation, 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 provided in section forty-six of chapter forty-five of the code. X. The board of education shall pay the cost of such text-books out of the building fund of the district, and shall lay an annual levy for the same on the taxable property of the district, in the manner and at the time that other levies are laid for said fund. XI. It shall be the duty of the State Superintendent of Schools to prepare and have printed a form of bone 1 to be executed by the depositaries, blank order lists for books, which shall contain the names and titles and prices of all books contracted for under the provisions of this act, and the names and addresses of the publish- ers thereof, and also such other blanks, and also instruc- tions as in his judgment may be deemed necessary to cause the provisions of this act to be carried out in a proper manner. He shall furnish to each County Superintendent a sufficient supply thereof for his county. XII. It shall be the duty of the County Superintend- ent of every county, on or before the first day of July, eighteen hundred and ninety-six, to furnish to every publisher of text-books contracted with under the pro- visions of this act, the names and post-office addresses of all the presidents and secretaries of boards of educa- tion in his county; and he shall notify such publishers of any changes in such names and addresses as soon as they shall come to his knowledge. XIII. The board of education may remove any depos- itary in its district at any time, and appoint another in 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 an invoice of said text-books in the possession of SCHOOL LAW OF WEST VIBGINIA, 67 any such depositary. It shall be the duty of every de- positary, whenever the board of education shall so order, to turn over to his successor, or such other person as the said board may name, all such text-boots in his possession. XIV. Depositaries shall receive from any resident of Books m this State copies of the books that are or may be super- exchan e - seeled by the provisions of this act, at the contract ex- change prices, named in section one (1) of this act or as provided for under the provisions of section five (5) of this act, to be applied on payment of the prescribed books. Each depositary shall turn over all such old books to the board of education at such times as said board may direct, and shall be credited on his account with the value thereof. Said old books shall be held by the board of education subject to the orders of the publishers, for a period of not longer than three months. XV. If any teacher in a primary or graded school of Teacher the free school system of the State use or cause to be lla ^- used in such primary or graded school, any text-books not herein authorized, then in any such case or instance, any publisher of a text-book which should have been used in the place of such unauthorized text- books may apply to the State Superintendent of Free Schools for an order signed by him, to be directed to such teacher requiring the use of such unauthorized class-book to be discontinued; which order it shall be the duty of the State Superintendent of Free Schools to give to such publisher upon his affidavit or that of his agent setting forth the name of the teacher, the location and character of the school, the title or the name of the unauthorized text-book, and stating that such teacher is using such unauthorized text-book in such school. XVI. If the State Superintendent of Free Schools state superm- shall refuse to give to any publisher entitled thereto, fSbiS?* such an order within fifteen days after application made therefor, such publisher shall, if the facts stated in the affidavit are true, be entitled to a mandamus from the Supreme Court of Appeals to compel the State Super- intendent of Free Schools to give such order. In any proceedings in mandamus brought hereunder, it shall be the duty of the Attorney-General to act as counsel for the State Superintendent of Free Schools, but such proceedings shall be at the cost of such publisher, and in no case shall costs be recovered against the State Superintendent or against any teacher. XVII. If any teacher shall disobey any order issued Forfeit. by the State Superintendent of Free Schools under the provisions of section four of this act, such teacher shall 68 SCHOOL LAW OF WEST VIRGINIA. forfeit ten dollars, and it shall be the duty of the board of education of the district where the teacher is em- ployed to retain that amount out of the salary of such teacher, which amount so forfeited shall be paid into the teachers' fund of such district. Hyde's lan- XVIII. Hyde's Lesson Books I. and II, and Hyde's !ram e rn b ars k3> Advanced Lessons in English, are hereby declared to be English grammars within the meaning of all the pro- visions of chapter forty-five of the Code of West Vir- ginia. Misdemeanor. XIX. Any publisher, school officer, teacher or other person violating any of the provisions of this act, shall be deemed guilty of a misdemeanor and on conviction thereof, shall be fined for each offense not less than ten dollars or more than fifty dollars. Acts* repealed. XX. Sections 58 and 5Sa of chapter 45 of the code of West Virginia, and all other acts or parts of acts inconsistent with the provisions of this act are hereby repealed. 58a. [Passed February 19, 1897.] 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 ap- pointed by the county court. The term of office of each o?offlce'. tG m of said members shall be four years and until their suc- cessors are appointed, beginning on the first day of July next after their appointment. Said appointment shall when be made on or before the fifteenth day of June, one appointed, thousand eight hundred and ninety- seven, and in every fourth year thereafter on or before the fifteenth day of July, and the term of office of those appointed after the first appointments (except appointments to fill vacancies) shall begin on thefirst day of August next after their ap- pointment, and continue four years and until their suc- cessors are appointed. They shall receive as compensa- compensa- tion 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. 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. SCHOOL LAW OF WEST VIRGINIA. 69 but a smaller number 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 Virginia, and that he will faithfully discharge the duties of his office. A certifi- cate of every such oath shall be filed with and preserved by the clerk of the county court. IT. The secretary shall keep a record, in a book pro- secretary, vided for the purpose, of the transactions of every meet- of the board, and shall record the names of the members voting for and against every proposition to adopt any text-book; which record shall be open to the inspection 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, Firgt meetln one 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 proceed 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 char- acter 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 Bfttall pri06i shall be the duty of said board to procure the best poss- &o. ible 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 permanent retail price shall not exceed twenty-five per cent, advance on the net contract price. V. Said board shall, upon making an adoption ot any georetary to text-books, decide upon the date when such adoption report, shall go into effect. The secretary shall send to the State Superintendent 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 tne 70 SCHOOL LAW OF WEST VIRGINIA. Meeting be- fore expira- tion of contract. County Super intendent to call meeting. date fixed for their introduction and use in the schools of the county. VI. At least six months before the expiration of the contract made under provisions of chapter thirty-seven of the Acts of one thousand eight hundred and ninety- five, it shall be the duty of the State Superintendent to notify the county superintendent of every county of the 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 thousand eight hundred and ninety-five, for a term of five years. On the call of the county superintendent, the board shall meet in regular session at least three months before the expiration of any contract made un- der 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 contracted for under the provisions of this act, it shall be the duty of the said board, on the call of the county superintendent, to meet and select books to be used in- stead of those which said publishers have failed or re- fused to furnish. But no books shall thereafter be adopted of a publisher who shall have failed or re- fused to fulfil his contract with any board in the State, and the name of any such publisher shall be furnished by the secretary of said board to the State Superintend- ent of Free Schools, and the State Superintendent shall communicate the same to every county superintendent. Refusal of publishers to caray out; contract. Present con- * -^ o text-book or series of text-oooks, on any one tract to subject now contracted for under said chapter thirty- force! 11 * seven 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 series of books except by the affirma- tive votes of five members of the board: Provided, That no change in the text-books contracted for under the provisions of said chapter thirty-seven of the acts f one thousand eight hundred and ninety-five shall be made until the expiration of such contracts, unless for failure of the contractor. And not more than one book o T neboo r k than r one ser i es f books on one subject, shall be changed changed, in any one year, except by the affirmative votes of six members, and except as provided in section three: Pro- vided^ That in case of failure of a publisher to comply with his contract, the board may, by the affirmative vote SCHOOL LAW OF WEST VIRGINIA. 71 of five members, adopt other books in place of those contracted for. VIII. After the adoption of any text-books the board who may sen shall contract with the publishers proposing the same, books - 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 contract, and free on board the cars at the place of publication or other place (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 furnished; and that no changes shall be made in said book during the life of the con- tract. 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 Form of con price or prices thereof. Forms of such contract shall tract, be prepared by the State Superintendent of Free Schools, and furnished to each county superintendent. Every dealer or publisher entering into such a contract, shall furnish to the county superintendent a sample copy of each book contracted for, and the county superintend- ent shall attach to each 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 publisher, thirty 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. No member of said board shall serve, directly or in- NO school directly, as the agent for any publisher in school books ^ e c n e c r . HC 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 book. XI. At the first meeting after the thirtieth day of Depositaries. June, one 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 district, and when practicable one or more depositaries at or near each postoffice, who shall keep at all times a sufficient supply of text-books to supply the free schools of the neighborhood. Each depositary shall execute a 72 SCHOOL LAW or WEST VIR&INIA. Bond of Depositary. Depositary to keep books Invoices of books. Payment to the sheriff. Depositary's commission. bond in the penalty of double the value of the books which he will 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 educa- tion and filed with the secretary thereof. The board of education may discharge any depositary at any time, and require him to deliver the books 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. 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 neighborhood 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 sup- ply 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 for- warded to the address of the publishers 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 accounts 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 bills, 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 thereoi, and the board of education shall investigate 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 of tener if required, and whenever required by the board of education, the amount received by him from the sale of such text-books since his last previous payment, less his commission (to be fixed by the board of education and not to exceed fifteen per cent, on the amount of such sales), and the amount paid by him for transporta- SCHOOL LAW OF WEST VIR&INIA. 73 tion charges on such hooks; pr<>rid*>^ that each sf- ment of charges to the sheriff shall be accompanied all the transportation bills paid by said depositary. The sheriff shall duplicate receipts therefor to such deposi- tary, wherein shall be stated the total amount of such stilts and the amount paid by such depositary to the shcriir. one of which receipts shall be filed by such depositary secretary of the board of educt's and upon receiving the same said secretary shall credit tli(: account of said depositary with the amount app;- ing thereby to have been so paid by him to the sheriff and I ho amount paid for transportation charges, and the amount of said commission by separate items, and said y 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 accounted for by the sheriff in his annual settlement with the board of education. The amounts received from the sales of such books shall bo credited to the building fund of the district. XIV. The board of education of each district shall be liable in its corporate capacity for the whole amount /f ol all such text-books furnished to the depositaries in the manner hereinbefore prescribed, and shall within six 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 ion, 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 mail 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- ticient 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 presentation 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 Bookspft]d for books and the amount of charges for transportation out out of fcoiia- of the building fund of the district, and shall lay an 1D 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 SCHOOL LAW or WEST VIRGINIA. Board may remove depositary. Books in exchange . Teacher liable. Misdemeanor scholar or scholars should remove from the county into another oxmnty 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 building: 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- tary in his district at any time, and appoint another in 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 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 contract 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. XVIH. 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 education 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 educa- tion, 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 where said teacher is em- ployed 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. XIX. Any publisher, school officer, depositary, dealer, teacher or other person, violating the provisions of this act, shall be guilty of a misdemeanor, and, on SCHOOL LAW or WEST VIKGINIA. 75 conviction thereof, shall be lined for each offense not less than five nor more than fifty dollars. XX. Nothing contained in this act shall be construed Acts repealed. 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. 59. If any officer or teacher, fail to perform any duty Fines for required of him by this chapter, or violate any provis- violati o ns - ion thereof, and there is no other fine or punishment imposed therefor, by law, he shall be fined not less than 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 lia- bility for damages to any person injured, nor the lia- bility of himself and sureties on his official bond. If the board of education of any district or independent school district, fail to perform any duty required by this act, each member of such board shall be liable to the full penalty imposed by this section, unless he show that he was not guilty of any neglect or default in the premises. 60. For the support of free schools, there shall be a state 8Ch08l state tax levied, annually, of ten cents on the one hun-tax. dred dollars' valuation on all the real and personal prop- erty of the State, which, together with the interest of the' in vested school fund, the net proceeds of all forfeit- ures, confiscations and fines which accrued to the State during the previous year, the proceeds of the annual capitation tax, dividends on bank stock held by the board of the school fund, and the interest accruing on stock invested in L T nitwl States bonds, shall be set apart as a separate i'u;>d to be called " the general school "General fund;' and shall be annually applied to the support of s< free schools throughout the State, and to no other pur- pose whatever. It shall be distributed to the several counties in the State in proportion to the number of youth therein, according to the latest enumeration made for school purposes; but the auditor shall first deduct therefrom the aggregate salary of the State Superin- tendent of Free 'Schools, and' the necessary traveling ami contingent expenses of his office, together with such other sums' as may be required to be paid by him out of the general school fund. Fifty per cent, of this dis- tributable sura shall be paid on the fifteenth day of Sep- tember, and the remainder on the fifteenth day of De- cember, of each yeiir, and in the manner provided in the sixty-first section of this chapter. 61. It shall be the duty of the auditor, on or before SCHOOL LAW OF WEST VIRGINIA. Duties of Auditor and State Super- intendent in distributing state school fund. ?uy>rr- intenctent to apportion among dis- triotg. CR Auditor. the tenth day of June, in each year, to Mseertain tbe amount which is distributable among the several coun- ties as aforesaid, and notify the State Superintendent of Free Sehoole 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 superintend- ent shall also deduct .from the share of his county before making his distribution of the same among the several districts thereof. Upon receiving such notice, the county superintend- ent shall ascertain the proper share of each district, mid independent school district, of his cou irdin;/ to the number of youths therein, and give notice t;> thn board of education of each district, and independent school district, in the county, of the amount of 1h general school fund due each, respectively, and that ihe same cannot be drawn by them until they have made the levy required by the fortieth section of this chap' (r2. Upon being officially notified by the secret. MTV of the board of education, in the manner provided the forty-fourth section of this chapter, that the ' of education has authorized the levy for school purpose:?, the county superintendent shall issue his requisition on the auditor, payable to the order of the sheriff of his county for the amounts due such districts as may have made the levy aforesaid, which shall be paid in two equal installments, payable on the fifteenth days of September and December, respectively: whereupc. auditor shall issue his warrant upon the treasurer in favor of the sheriff for the amount of such r?qtuV indicating in writing upon said warrant the d upoti which the same shall be drawn: and the ire;; shall thereupon be author required !< dr," i'ii<- iV'Hiisition of j. ;jMM'in1c!i ail be jii inn or in suboianc;* ; County of -, the - dolla fund apportioned to the district (or independent district) of , in said county for the year 18 . And I hereby certify that said district (or inde. SCHOOL LAW OF WEST VIRGINIA. 77 ent school district), has made the levy required by law, for school purposes, and that said sheriff has given the bond required by law. A- B- , County Superintendent of Schools/' CX X XIX. Sections J-J and Gl prohibit any district or independent school di*uics from receiving its proportion of the State school fund, until 11 laid the local levy required by section 40 County snp.erintendenta shun id intorm the Auditor if a district votes down the levy that h.e may act in compliance with section il. (>->. There shall be elected a State Superintendent of state super- Free Schools for the State, whose term of office shall be lntennd ballots thereof. MIM! llm manner of ascertaining ami announcing the n MS io conform the same to the provisions of this chapter, and also to such provisions of the general election laws of the State as may not be inconsistent therewith; he shall prescribe and cause to be prepared all forms and blanks necessary in the details of the system,^ so as to Secure its uniform operation throughout the State, and shall cause the same to be forwarded to _ the se com ay superintendents, to bs by them distributed to persons entitled to the same. He shall cause; as many copies of this chapter and other school laws in force with such forms, regulations and instructions as he may judge 78 SCHOOL LAW OF WEST VIRGINIA. Duties of State Super- intendent. 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 experience of other communities with his own expe- rience and observation. He shall acquaint himself intimately with the peculiar educational wants of each section of the State, and shal) take all proper means to supply them, so that the schools shall be as nearly as possible equal and uniform in grade throughout the State. He shall acquaint him- self with the different systems and methods of instruc- tion which may be introduced among educators, and shall explain and recommend such as experience arid sound principles of education may have demonstrated to be valuable; and it shall be his duty to endeavor to ren- der available to the people of this State all such im- provements in the system of free schools and the meth- ods 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, of each year, make a report to the Governor, to be by 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 reports of the county superintendents, and such other authentic 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 organ- ization and efficiency of free schools; and, likewise, nil such matters in relation to his office and to free school*, as he may deem expedient to communicate. Auditor to ^' ^ ne Auditor shall annually, before the iirst day report condi- of September, deliver to the Governor and tho State fund? f ' ol Superintendent of Free Schools, each, a report made up to the first day of July next preceding, of the condi- tion of "the school fund," with an abstract of the ac- counts thereof in his office, which report the Governor Report of State Super- intendent. SCHOOL LAW OF WEST VIRGINIA. 79 shall lay before the legislature at its next regular ses- son. CXL. Chapter 29, section 67, Code, requires the Auditor to certify to each ounty superintendent the amount of railroad levies, due to .each district aud independent district. See said section. 69. The Governor State Superintendent of Free Bo ardof schools, Auditor and Treasurer, shall be a corporation school mud. 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 presi- dent 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 pro- ceedings, and a copy thereof, certified by the secretary of the board, shall be evidence in all cases in which the original would be. A majority of the board shall con- stitute 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 meeting, and the proceedings shall be signed by the president and secretary of the meeting for that day, and shall be open to inspection at all times. 71. All the money which ought to be paid into the Money treasury to the credit of "the school fond* shall be re- recoverable coverable with interest by action or motion in the name 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 Board may of debts or claims, and authorize them to secure pay-j^SJjJ* 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 di- rected 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 allowed 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 Permanent accrue to this State, from the several sources enumer- ated in the fourth section of the twelfth article of the Constitution, shall be set apart as a separate fund to be called "the school fund," and it shall be the duty of the auditor to ascertain from time to time what sums have so SCHOOL LAW OF WEST VIRGINIA. so accrued or aecrne, and to pass the slime to Hie credit of the or id 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 securi- ties 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 section of the twelfth article of the Constitution, and invest the proceeds thereof in the interest bearing securities of the United States, or of thl 'vise, us provided in the Constitution aforesaid. certain stocks (i*" I- All stock owned by the state of West Vir- d 10 ?^*' s t ;tlll ding m ^ ae name of the Commonwealth of Virginia, the State Internal Improvement Fund, or the Board of the Literary Fund, or in any other name, in the National Bank of West Virginia, at Wheeling, tin; Parkerstmrg National Bank, the First National Bank of Wellsburo:, 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- monwealth of Virginia, or in the name of either of said I'u IK is, 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 Slate. Auditor shall ' r shall be the accountant of the board, be accountant, exercising any of their powers, except that he shall not, 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 fund is invested in such depository for safe keeping, as the board shall direct. All money belonging to "the school fund'' shall be received into and paid out of 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 laws now in force respecting the free schools in the city SCHOOT, LAW OF WEST VIRGINIA. 31 of Wheeling, and the parts of districts connected there- "y f with; nor shall anything in this chapter be construed as abolishing any independent school district heretofore created, or as affecting any right or privilege conferred upon them, respectively, in the acts of the legislature by which they have been created; except so far as such right or privilege may be inconsistent with the provis- ions of this chapter in which independent school districts are especially included. In the independent school dis- trict 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 superin- tendent. CXLl. Independent school districts are those created by special act of the Legislature and are governed by the laws laid down in the acts creating taem. On points where these acts ari silent the general law applies, The Brinoipal independent districts having superintendents are Wnaeling, untiugtou , Parkersburg, Martinsburg and Charleston. WEST VIRGINIA UNIVERSITY. 76. "The Agricultural College of West Virginia," Agricultural located and established at Morgantown, in the county west $rtfni. of Monongalia, in pursuance to 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. 77. The name of said college shall hereafter be "The weat Virginia West 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. 78. For the government and control of said Univer- Regent3 of sity there shallbe a board of regents consisting of nine west Virginia persons, to be called "The Regents of the West Vir- ginia 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 University, 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 property intended for the use of the University, and shall by such acceptance, be trustees of the funds and property which may come into the possession or 82 SCHOOL LAW OF WEST VIRGINIA. Quorum. appointed. Governor to Governor to fin vacancies. under the control of said board by such gift, grant or devise, and shall invest and hold such funds and prop- erty, and apply the proceeds and property in such man- ner as the donor may prescribe by the terms of his 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 the gift, grant or devise. A majority of said regents shall constitute a quorum for the transaction of business, except that for making arrangements for the erection of buildings, or the per- manent alteration thereof, or the appointment to, or re- moval from office of professors, or iixing their compen- sation or changing any rule or regulation 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 time, place and object of the meeting pro- posed to be held for any of the purposes excepted in this section; and the concurrence of a majority of the regents shall be required. The said board of regents shall be appointed by the Governor on or before the first day of June, in the year , i-i.-i IT t , i one thousand eight hundred and ninety-seven and on or after the tenth day of March in the year one thousand eight hundred and ninety-seven, as follows: three shall be designated to serve for tvo years, three for four years, and three for six years, from the first day of June, in the year one thousand eight hundred and ninety- seven, and before the expiration of said respective terms he shall appoint between the tenth day of March and the first day of June, in each year in which said re- spective terms shall expire, three regents to serve for the full term otf six years, from the first day of June of the year in which said appointments shall be made, but not more than two regents in any one class, nor more than five in all shall be members of the same po- litical party or organization, and not more than one shall be appointed from any senatorial district of the State. The Governor shall nominate for the approval of the e nine regents herein provided for, and in the year one thousand eight hundred and ninety-nine, and every second year thereafter, he shall nominate, and by and with the advice and consent of the Senate, appoint three regents in the place of the class whose terms shall ex- pire in said year. The Governor may in like manner, nil any vacancy that may occur in said board; and any one appointed a regent by him during the recess of the Senate shall be a regent until the next session of the SCHOOL LAW OF WEST VIRGINIA. 83 Senate thereafter; and the terms of office of the pres- ent board of regents shall expire on the thirtieth day of May, in the year one thousand eight hundred and ninety-seven. 79. The board of regents shall from time to time courses of establish such departments of education in literature, study science, 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 R U i e8 and rules and regulations and by-laws not inconsistent with re ^ ulation3 - the laws of this State, or 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 shall appoint a superintendent of the buildings and grounds, a secretary for said board and also a treasurer, who shall be members of the faculty of the University, and shall not receive any compensation for services as such superintendent, secretary and treasurer. No salary officerfl of tht shall be paid to the secretary of the executive committee, university. From the said treasurer they shall take a bond with ample security, and conditioned according to law, for the faithful keeping and disbursing such money as is herein, or may Iw hereaf lor appropriated, and such other money as may be allowed by said board to come into his hands from time to time; they shall also settle with him annually or oftener if they think best; inspect annually all the property belonging to said University and make a full report of the condition, income, expen- ditures and management of said University, annually, to the Governor; to be by him laid before the Legisla- ture. 81. The board shall have power to create a prepara- Preparfttory tory department to said University, and establish any department, other professorships than those indicated heretofore, if the same be deemed essential; to tix the salaries of the several professors, and to remove them for good cause, but in case nf 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. Si!. Besides prescribing the general terms upon which Anointm students may be admitted, and the course of instruction, of the regents are still further empowered to admit as reg- ular students or cadets of said university not more than 84 SCHOOL LAW OF WEST VIRGINIA. one hundred and forty-four students, of whom each re- gent may appoint not more than sixteen who are not less than sixteen years of age nor more than twenty-one, whose term of service shall not be less than two nor more than live years, which appointment shall be made upon undoubted evidence of good moral character and sound physical condition, but not more than twelve cadets shall be appointed from any senatorial district and not more than five from any one county. cadets hare 83. The cadets admitted under the provisions of the freebook8,etc. 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 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. Expenses of 84. All reasonable expenses incurred by said regents regents. j n discharging the duties hereby imposed upon them (not, however, including wages or per diem compensa- tion) 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 expenditure shall not exceed five hundred dollars per annum. ttraduation. 85. The president, board of regents and faculty may 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 bis diploma. investment of 86. The fund derived from the sale of United States land funds. j an( j warran ts 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 Con- gress, for the use and benefit of the said University. AGRICULTURAL EXPERIMENT STATION. Agricultural [S6. WHEREAS, The Congress of the United States has in its widom seen fit to appropriate the sum of fif- 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 SCHOOL LAW OF WEST VIRGINIA. 85 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 receiving the benefits of the above mentioned land grant fund; and, WHEKEAS, In accordance with the provisions of sec- tion 9 of aforementioned act of Congress establishing said experiment stations, the Governor of West Virginia has accepted for the West Virginia University the con- gressional appropriation for the establishment of an agricultural experiment station, and "WHEREAS, The board of regents of the West Virginia University, in accordance with section 1, of the afore- named coincrressional act, approved March 2, 1887, has established a department in the West Virginia Uni- versity, known as "the West Virginia Agricultural Experiment Station," which is now in full working order and issuing regular bulletins for the diffusion of , information among the people of the State, as required by law; and which is now well and thoroughly equip- ped with chemical laboratories, apparatus and ma- chinery,and has a staff of scientific men employed and < -a r rying on the work contemplated in the congressional act, therefore, B<- H enacted ly the Ley Mature of Wext Virginia. \, That the State of West Virginia hereby assents to state accepts and accepts from the government of the United States |JJJ the grants of money authorized by said act of congress, and assents to the purposes of said grants. II. The bulletins raid annual reports required to beBuiietina. 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 ex- periment station shall indicate as being required, and shall be distributed by the station free of all charge to farmers and other citizens of the State desiring the same. 86 SCHOOL LAW OF WEST V HUM MA, State Normal School. Regents. Transfer of property. Rule's and regulations. 87. The "West Virginia State Normal School," es- tablished under and by virtue of the 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 of all other acts in relation thereto, shall be, and remain in fall force, except so far as the same may be altered by this chap- ter. For the government and control of s.-nd school and its branches, there shall be a board of regents, consist- ing of the State Superintendent of Free Schools, to- gether with one person from each congressional district in the State, to be appointed by the Governor, as here- inafter provided, who shall be called the "Regents of the State Normal School," and as such may have a com- mon seal, sue, and be sued, plead and be iinpleaded, con- tract and be contracted with, and take, hold .nd pi real and personal estate for the use of said school. The transfer and conveyance by the board of superviy Cabell county of the lands and buildings of Tvlm-shall College, and of the real estate heretofore conveyed by the Central Land Company of West Virginia to the re- gents of said school heretofore appointed, is hereby ac- cepted, confirmed and legalized. But in case the said scnool should at any time hereafter be removed from the said Marshall College, the said property so com shall revert to and be vested in the county court for the use of said county of Cabell. The said board of regents shall be appointed by the Governor, and equally divided between the two dominant political parties, on or before the first day of June, one thousand eight hundred and ninety-five, one of whom shall serve one year, one two years, one three years and one four years, and upon the expiration of said term of service he shall appoint for the full term of four years as hereinbefore vided. 88. The said school shall be under the general super- vision and control of the said regents. They shall have full power and authority to adopt and establish sucb 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 pro- SCHOOL LAW OF WEST VIRGINIA. 87 whole number appointed to such county for admission to all normal schools of the State; the branches of learn- pup?is cr ' iug to be taught in each department thereof; and shall determine the number of pupils to be received in the normal department of said school from each county or judicial circuit of this State, conforming as nearly as possible to the ratio of population therein, and the mode of selecting them. The pupils admitted into the normal department of said school shall be admitted to all the privileges thereof, free from all charges of tuition, or I'or use of books or apparatus; that every such pupil shall pay for all books lost by him or any damage done by him to such books or apparatus; and any pupil in said school may be dismissed therefrom by said regents, or by the executive committee, subject to the approval of the regents, for immoral or disorderly conduct, or for neglect or inability to perform his duty. The State Superintendent of Free Schools shall prepare suit- able diplomas to be granted to the students of the normal department of said school who have completed the course of study and discipline prescribed by said regents. The said regents may establish a pay depart- ment in said school whenever the accommodations there- of will admit of the same, and may admit into such de- partment so many paying students as can be accommo- dated 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. They may also make all the necessary rules and regu- Tuition, etc. lations for the government of said department and pres- cribe the tuition and the terms of admission therein. The said school shall continue to be called and known by the name of "Mar shall College." CX.LII. The number of persons who may receive appointments to the normal school? of the State is one thousand, divided among the counties according to population CXLIII. It is the practice to allow persons attending either of the State Normal Schools, under appointment, to teasb one term of school each year if desired, and yet hold the appointment. The same rale is held to be good in ease of colored teachers attending the West Virginia Colored Institute. CXLIV Clearly under section 88 of the school law, two departments 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 desire to pursue a higher grade of studies I see nothing to prevent those who have taken the normal course, and nave graduated from reviewing the studies contained in the normal C The e pim> e ose of th?normal course is to prepare teachers, and a reviewing of that course would be to make the teachers more perfect./. 8. Rlky, 4 ttorney-6eneral. 88 SCHOOL LAW OF WEST VIRGINIA. Executive Committee. Fairmont branch . West Liberty branch. Glenville branch . Shepherds- town branch. 89. The said regents shall appoint three intelligent and discreet persons, residents of the county of Cabell, who shall constitute an executive committee for the care and immediate management and control of said school, subject to the rules and regulations prescribed by the regents. Said committee shall (subject to the control of said regents), 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 re- gents of the condition, working and prospects of said school, and shall perform such other duties in relation thereto as the said regents may from time to time pre- scribe. 90.. The branch of the state normal school established at Fairmont, under and in pursuance of the act passed 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 at West Liberty, under and in pursuance of the act passed March first, one thousand eight hundred and seventy, entitled "An act to establish a branch normal school at West Liberty, in Ohio county, ' ' shall be and remain at that place, and all the 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. 92. The branch of the State normal school established at Glenville, under and in pursuance of the act passed the nineteenth day of February, one thousand eight hundred and seventy- two, entitled "an act to establish a branch normal school at Glenville, Gilmer county," shall be and remain at that place, and all the provisions of said act shall remain in full force, except so far as the same may be altered by this chapter. Said school shall be under the 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. 93. The branch of the State normal school established at Shepherdstown, under and in pursuance of the act SCHOOL LAW OF WEST VIRGINIA. jassed and approved February fourteenth, one thous- md eight hundred and seventy-two, entitled "an act to Itablish a brance normal school at Shepherdstown, in he county of Jefferson," shall be and remain at that )lace, and all the provisions of said act shall remain in ill I force, except so far as the same may be altered by his chapter. Said school shall be under the jurisdiction ,nd control of the regents of the State normal school, in he same manner and to the same extent as the State lormal school at Marshall College. 94. The branch of the State normal school at *Con- concord iord, in Mercer county, established by the act passed Branch. he twenty-eighth day of February, one thousand eight lundred and seventy-two, entitled u an act to locate a >ranch State normal school at Concord, in the county of dercer, shall be and remain at that place, and all the wovisions of said act shall remain in full force, except o far as the same may be altered by this chapter. Said chool shall be under the jurisdiction and control of the egents of the State normal school in the same manner ind to the same extent as the State normal school at Marshall College. 95. The principals of the State Normal school and its Principal's >ranches shall make, at the close of each term thereof, reports. o the president of the board of regents, in addition to he annual reports required of them, a report, under >ath, of the number of non-paying normal school pupils ,nd the number of paying pupils in the several depart- ments of the school in actual monthly attendance during aid term. 96. The president of the board of regents of the State formal School and its branches, upon receipt of the eports required in the ninety- fifth section of this chap- er, shall furnish the Auditor of the State with the rium- >er of the non-paying Normal pupils in actual monthly /ttendance in each of the said Normal Schools, and the lumber of months of actual attendance, upon the receipt f which report, and upon the requisition of the presi- lent of the board of regents, the said auditor shall issue o the executive committee of each of said schools, war- ants upon the treasury of the State for the amount due aid schools, at the rate of three dollars and fifty cents >er month for every non-paying Normal pupil reported ,s in monthly attendance. A sum not to exceed thirty-two hundred dollars each A ppropna- r ear is hereby appropriated for each of the Normal tlon - >chools, payable out of the treasury of the State. The State Superintendent of Free Schools shall, if )ossible, in every year, make arrangements with some *The name of the postoffice has been changed to Athena. 89 90 SCHOOL LAW OF WEST VIRGINIA. suitable institution of learning in this State for the edu colored ^ on an( ^ Normal school-training of a number of coloi tochers. teachers, in the proportion to the colored population the State which the non-paying white students in Normal Schools bear to the white population of 1 State; but the amount to be paid for each of saidcoloi teachers shall not exceed the sum herein specified : each non-paying white student; and an additional si to the extent necessary to pay the tuition of said coloi students, is hereby appropriated, payable out of i treasury of the State in each year, as provided for the next section, upon the requisition of the State Sup< intendent of Free Schools. CXLV. " 'Actual monthly attendance' of a non-paying pupil during month of a school term, may be an attendance bona fide, for a portio the mouth. Sickness might prev/nt constant attendance during month, yet if the pupil was in attendance in good faith during part of month, when able to attend, the school would be entitled to 8.50 for s pupil for that month. The words 'actual monthly attendance' used in the statute, so as to plainly prohibit pay being drawn for const: tive monthly attendance." "The attendance of the pupil must have commenced in a month am good faith, with an intention of continuing. If the pupil does not att at all during any month * * the law prohibits any pay being given Alfred Caldwell, Attorney-General. unearned ^7. If any normal school does not earn the amount appropriation. its annual appropriation of three thousand dollars, aforesaid, in any year, the board of regents of the St Normal School and its branches are hereby authori; to expend in their discretion the unearned amount of annual appropriation in the payment of teachers another or others of such schools; and the auditor si issue his warrants for such expenditures on the ordei said board. CX.LVI. Section 96 as amended by chapter 45, Acts 1805, provides fo appropriation of thirty-two hundred dollars for each normal school. 98. I. If any money be lent or advanced, or any thi Dealing with be sold or let to hire, on credit to or for the use of t students. student or pupil under twenty-one years of age, at West Virginia University, the West Virginia St Normal School or any of its branches, or any incor rated college in the State, without the previous pern sion, in writing, of his or her parent or guardian, the president or principal of such institution, noth shall be recovered therefor, and there shall, moreo\ be forfeited to the State, by the person giving s credit, twenty dollars, and the amount or value of s thing. When such selling, letting, lending or adva ing is by an agent, such forfeiture shall be by his pi cipal, unless the principal shall within ten days after has knowledge or information of the selling, letti lending or advancing, give notice, in writing, of SCHOOL LAW OF WEST VIRGINIA. 91 be, nature and amount thereof to the president or ler head of the institution, in which case the forfeit- shall be by the agent. . All acts and parts of acts coming within the pur- w of this chapter, and inconsistent therewith, are c eby repealed. E WEST VIRGINIA SCHOOLS FOR THE DEAF AND BLIND. 98. I. That the name of the West Virginia Institu- Q for the Deaf, Dumb and Blind be and the same is eby changed to that of ' 'The West Virginia Schools Name the Deaf and the Blind." ["he board of regents for the West Virginia Schools Board of the Deaf and Blind, shall be composed of nine mem- re 8 ents - s, whose term of office shall commence on the first r of June, one thousand eight hundred and ninety- en. ?he Governor shall on the tenth day of March, one Governor to nisaiid eight hundred and ninety-seven, or as soon rciif tor as convenient, nominate, and by and with the dee and consent of the Senate, appoint said nine re- mts for said schools, I ml said regents shall be divided to three classes of equal numbers and not more than fo regents in each class shall belong to the same polit- al party. Not more than one regent for the West irghihi Scoois for the Deaf and the Blind shall be ap- )inted from any one county. The term of office of the first-class shall be two years, the second class four years, and of the third-class six jars. On the tenth day of March, one thousand eight hun- indred and ninety-nine, or as soon thereafter as con- >nient, and every second year thereafter, the Governor all nominate, and by and with the advice and consent the Senate, appoint three regents for said schools, in ace of the class whose term expires in said year; and e term of such regents shall commence on the first day April in the year of their appointment and continue years. The Governor may in like manner appoint gents to fill any vacancy that may occur in the board said schools, and any one appointed a regent by him iring the recess of the Senate, shall be a regent until e next session of the Senate thereafter. Said members shall constitute collectively a body cor- n-ate with powers to rent, purchase and convey real tate, and with all other powers necessary for the car- Ing on of the institution for the education of the deaf id blind youth of West Virginia, established under the t passed March third, eighteen hundred and seventy, 92 SCHOOL LAW OF WEST VIRGINIA. Quorum . Principal. Teachers. Furniture. Steward. Salaries. Vlsitine physician. Bond. R'lles and regulations and to be known as ' The Board of Regents of the West? Virginia Schools for the Deaf and the Blind." Saidi board shall appoint one of their number as president,] and in case of his absence a president pro tew,, shall ap-J point a secretary, and all orders, drafts or requisitions foil 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 j meetings as they may think necessary. Extra meetings! may be called by the president or by any four membersj of the board by notifying the other mem bers of the time! and place of the meeting and of the nature of the busi-< ness which renders an extra meeting necessary. Al majority of the board shall constitute a quorum for thei transaction of all ordinary business, but the board may,] in its discretion, designate business of a nature to be] specified by it, which may be transacted by a stated] number of regents less than a quorum. II. It shall be the duty of the principal under the di-j 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! successful management of the same, and to purchasejj such books and apparatus as may be necessary for thej efficient working of the institution. III. Said board shall appoint all necessary teachers] and assistants, and shall provide the furniture, fixtures, apparatus and other things necessary for the comfort j and convenience of inmates of the institution. IV. The said board may, when they deem it necessary, j elect a steward; and the principal and matron shall re-j side in the institution, and the steward and teacher in or] near it. All salaries shall be fixed by the board of] regents, and 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 shnll employ as visiting phy- sician of the institution, a physician of reputable stand- 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 bo paid in the same manner as a teacher. VI. The principal and steward shall give bond with approved security in such amount as the board of' regents may direct, for the faithful discharge of their respectives duties. VII. The board of regents shall prescribe such by- laws, rules and regulations for the government and con- duct of the institution under their charge as shall secure the harmonious and efficent management of s*id institu SCHOOL LAW OF WEST VIRGINIA. 98 tfofir 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 institu- Fiscal year tion 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 andpupiis. employees, and for all tne 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 must be of sound mind and not afflicted with any contagious or offensive disease. IX. All such deaf, dumb and blind youth residents Admission of of the State of West Virginia between the ages of eight pupils< 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 cir- cumstances of their deafness or blindness. All such deaf, dumb and blind pupils shall be ad- char es - 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 transmitted by the principal to the Au- ditor of the State, whose duty it shall be to transmit a 94 SCHOOL LAW OF WEST VIRGINIA. Duty of county officers . Term of pupilage. Course of instruction. Assessors' registration 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, respectively, thereafter beH for the pur- pose of making a county levy, inrl'ide in such levy the amount of said account* against their countis, respect- ively, and cause an order to issue on the sheriff of the county in favor of the Auditor of the kState, and cause the same to be transmitted by the cl^rk of said court to the Audito r , whse dutv it >hall be to collect the same and place it to the credit of Ihe institution, 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 o^ the Auditor to collect the same by law. The term of pupilage shall be five yars at least, pnd for so much longer term as in the discretion of the board and principal their condition and progress would seem to justify. After all the applicants between thtj prescribed ages of eight and twety five yea- s 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 suitaMe age to receive any ad- vantage of the institution, and upon such terms as the board may pres^r'be; but it shall be distinctly un (1 e' - stood that such persons shall withdraw fr* m the inst'tu- tion in the order if the dates of their admission to make room for new applicants between the ages herein already prescribed. X. The course of instruction in the institution shall be prescribed by the board of regents with the advice of the principal, and shall be as extensive both in the intellectual, musical and mechanical departments, as the capacities and interests of the pupils may require. XL In addition to their other duties the assessors of the State are hereby required to register in a book, to be furnished them by the Auditor for the purpose, the name of all the deaf and the blind persons in their respective districts, with the degree and cause of deaf- ness and blindness in each case as far as can be ascer- tained from the heads of families, or from other persons whom the assessors may conveniently consult, their ages, the names of their parents or guardians, their post-office address, and such other circumstances as may constitute useful statistical information in making the said institu- tion promptly efficient in ameliorating" the condition of the deaf and the blind by education. They shall com- plete the registration as early as possible, in the first annual assessment after the passage of this act, and shall SCHOOL LAW OF WEST VIRGINIA. 95 forward their report directly to the auditor, who shall if practicable before the first day of July, or as soon there- after 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 and the blind, and said principal is hereby further required to put himself in immediate correspondence with all the deaf and blind Principal to persons, of suitable aore and condition, mentioned in the c uh' 8pond auditor's abstract, with a view to their admission as""^ pupils info the West Virginia schools for the deaf and g? t ! 8timUon the band. The assessors shall receive for the extra duties hereby imposed, the same compensation as is now allow- ed them for the registration of births and deaths, and shall be liable to the same penalties for failure to dis- charge these duties.] THE WEST VIRGINIA COLORED INSTITUTE. 9S&. An act accepting the provisions of the act of Con- gress, approved August thirtieth, eighteen hundred and ninety, entitled "An act to apply a "portion o f 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 !he 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 United States of America, by an act approved August thirtieth, eighteen hundred and ninety, entitled, u An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress approved July sec- ond, 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 endowment and maintenance of the colleges established under the act of Congress last aforesaid, 4 'to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathe- matical, physical, natural and economic science, with 96 SCHOOL LAW OF WEST VIRGINIA. special reference to their application in the industries of life; and to the facilities for such instruction," and WHEREAS, By a proviso in said act no State can 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 Virginia forbids the education of white and colored youths in the same State schools, and this State having heretofore made no provision for the separate education of colored 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 indi- cate a reasonable proportion of said appropriations to be set apart annually for the instruction of the colored youth of the State, the sum of $3,000 is hereby indicat- ed as an equitable portion of said appropriations for five years from the date of the passage of this act, and after that time $5,000 as long as such appropriation con- tinues; 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 appropriations, and to designate the institutions of learning to become the beneficiaries of said appropria- tions, and the officer of this State to whom the money shall be paid by the United States for the use of said beneficiaries. Therefore, Be it enacted by the Legislature of West Virginia: I. The Legislature of the State of West Virginia congressional hereby accepts for said State, the terms and provisions grant. o f the said act of the Congress of the United States approved August thirtieth, eighteen hundred and ninety, for the objects and purposes mentioned and declared therein, and designates "The West Virginia University," established in pursuance of the Act of the Congress of the United States passed July 2, 1862, and a subsequent act passed by said Congress on April SCHOOL LAW OF WEST VIEGINIA. 97 19, 1864, at Morreaf*er as con- venient, nominate and by and with the advice and con- sent of the Senate, appoint said six directors for said school, whose term of office shall commence on the first day of June, one thousand eight hundred and ninety- seven. Said directors shall be divided into three classes of equal numbers, and not more than one director shall be appointed 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- when dred and ninety-nine, or as soon thereafter as conven- a PP lnted - ient, and every"second year thereafter the Governor shall nominate, and by and with the advice and consent of the Senate, appoint two directors for said school, in place of the class whose term expires in said year. And the term of said directors shall commence on the first day of April in the year of their appointment and continue six years. The Governor may, in like manner, fill any vacancy that may occur in the board, and any one appointed a Vacai director by him during the recess of the Senate, shall hold office until the next session of the Senate there- after. III. The board of directors shall biennially choose one of their body to be president of the board, and in his Pr e sidejlt - absence shall choose a president pro tempore. A major- ity of the board shall constitute a quorum, but the board Quorum, 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. Thh locality as it may deem best as the site for the West Virginia Reform School, and procure a good title to such site, and report their action to the Governor as som as such se- lection 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 con- tract for and cause to be constructed on the siid 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 sa'd building, shall at no time exceed the appropriation for said purpose. Appropriation XHI. The sum of five thousand dollars to be paid iu r ii B >. *. . . . ; 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 Build- ing Fund.) On motion of , it is ordered that the president and secre- fciry of this board be authorized to sign, in vacation, all proper orders for the payment of money out of the teachers' fund or the buildiDg 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 sev- eral orders drawn by him and the president, on the teachers' fund and the building fund, respectivey, since the last meeting of the board, as follows:. An order on the teachers' fund, in favor of , a teacher, for $....; an order in f a^or 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. Oa motion the board does now adjourn. President. Secretary. 110 SCHOOL LAW OF WEST VIRGINIA. FOR NO. II. ORDER OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF TRUSTEES. [To be entered In records of the board.] There being a vacancy in the board of 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 appointed and qualified. NOTE This order of appointment shonJd 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. FORM NO. III. APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A VACANCY. OFFICE OF COUNTY SUPERRINTENDENT, ) OF" THE COUNTY OF j , West Virginia., 18. . 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 pursu- ance of the authority vested in me by law, hereby appoint to fill the vacancy in said board for the unexpired term. , County Superintendent. FORM NO. IV. OATH OF OFFICE. State of West Virginia, County of. . to wit: I, , do solemnly swear (or affirm) 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 T* . *. JLJ Sworn to and subscribed before me, , a justice of the peace, the day of , 189 . . C D , J. P. SCHOOL LAW OF WEST VIRGINIA. Ill FORM NO. Y. FORM 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 account with the Teachers' Fund of district for the year ending June 30, 189.. __ DR. $ Cents. - To balance due District on settlement for the year ending June 80. 189 To amount due fr >m ^ta'ie School Fund for the year ending June 80. 189. . . . To amount levied on a valuation of $ for the year ending June 30, 189 at cents on each hundred To amount received from other sources for the year ending June [Itemize t^ach sum received from "other sources," giving date, amount and from whom icceived.] Total debits OR. $ Cents, By halancp due sheriff on settlement for the year ending June 30, 189 By sundry school orders paid to date [The No., date, and name of person to whom each order was drawn, with the actual amount paid thereon by the officer presetting it, should be given in detail.] By commission at 5 per cent, on net district levies. . . By 2 per cent commission on railroad levy_ By exonerations (Name each person exonerated, the name and for what year the exoneration is made) By delinquent list for the year ending June 30, 189 Total credits Balance due district (or sheriff, as the case may be) FORM NO. VI. CALL FOR SPECIAL MEETING. OFFICE OF ) , DISTRICT, V COUNTY, W. VA. ) ,18.. 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., 189 . . You are requested to be present. , Secretary. To . 112 SCHOOL LAW OF WEST VIRGINIA. FORM NO. VII. FOR TRANSFER. DISTRICT, ) COUNTY, W. VA. V SUB-DlSTRICT, NO ) . . ,189.. 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 com- mence on the .... day of ... , 189 . . , and continue in force months. To the Trustees of Suh- ) ) Dut. No . . of* - Dist. , > > Trustees. County, W. Va. } J On the reverse of the transfer (Form VII) the following en- dorsement 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, , .' 189.... ""\T i > 1 rustees. *Or refuse to accept. NOTE Trnstees accepting transfers from other districts should transmit them to their board of education, there to be k^pt on file tor 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 tne pro rata expenses of the trausferred pupils. The folJowiiigform may be used by the trustees: To the president of the hoard of education of district : This is to certify that the undersigned, trustees of sub-distrk-t no. . , ... .District have transferred as required by law .... pupils, the children of from this sub-district to no . . , Dis- trict, County, to begin on the .... day of . .'. . . . , 189 , and continue . . . months. h Trustees. SCHOOL LAW OF WEST VIRGINIA. 113 FORM NO. VIII. FORM OF CONTRACT BETWEEN TRUSTEES AND TEACHER. This Contract Witnesseth, That, ? and , trustees of sub-district No in the district of , and county of , West Virginia, of the first part, having met together as required by sec- tion 13 of the School Law, and , a teacher holding a No teacher's certificate, and having a certificate of attend- ance for five days, at a teachers' county institute, held in this State since the first day of June of this year, (or having an excuse for non-attendance at same, properly signed by the Board of exam- iners), 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 , 189 . . , for the sum of dollars per month, and that for said services, properly rendered, the trustees afore- said will pay, as prescribed by law, the amount of salary due said according to the terms of this contract. And it is further agreed that if for any legitimate reason the school is not begun on the date mentioned, neither party shall have recourse on the other for damages. Witness our hands, this . day of , 189 . . , . > Trustaes. Teacher. FORM NO. IX. FORM OF COUNTY SUPERINTENDENT'S CERTIFICATE TO THE AUDITOR OF DISTRIBUTION OF STATE FUND FOR HIS COUNTY. OFFICE COUNTY SUPERINTENDENT FREE SCHOOLS, ) , , COUNTY, W. VA., 189.. j 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, 189 . . Whole amount certified by State Superintendent, $ Amount deducted for salary of County Superintendent, Whole amount distributed to the several school districts, SCHOOL LAW OF WEST VIRGINIA. Amount distributed to each school district respectively : DISTRICTS. Payment oi Sept. 15th. Payment oJ Dec. 15th. Total. District, $ $ 9 ii (4 ii it i, ii a Total, $ INDEPENDENT DISTRICTS. District, $ .... ii < u , t Total, $ , County Superinter ident ..r, f >unty. of Section 22 of the School Law requires county superintend- ents to apportion the State Fund amoncr the several districts of their respective counties and to report the same on this form to the Auditor. FORM NO. X. COUNTY SUPERINTENDENT'S CERTIFICATE TO SECRETARIES OF THE AMOUNT OF RAILROAD TAX. OFFICE COUNTY SUPERINTENDENT FREE SCHOOLS. To the Serfy Board of Education of , District. You are hereby notified that the amount due your district for SCHOOL LAW OF WEST VIRGINIA. 115 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, 189 from the - . V Railroad Company is Dollars. (riven under my hand this day of 189 Dated , 189.. County 'Sup't .'.'." .'.'.' .'.'.'. '.'.'.'. County. When the County Superintendent is notified by the Auditor of the amount paid into the treasury by the Railroad Company to the credit of any district for school purposes; or, is notified of the tmount of Railroad tax certified by the Audttor to the Sheriff of ahe 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 Railroad 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. FORM NO. XL COUNTY SUPERINTENDENT'S CERTIFICATE TO SECRETARIES OF THE AMOUNT OF STATE FUND. OFFICE OF COUNTY SUPERINTENDENT FREE SCHOOLS. ,189.. To the Secretary of the Board of Education of District , t I hereby certify that the amount of State School Fund appor- tioned to your district for the school year beginning on the 1st day of July, 189 . . , is dollars. Enumeration for 189 . . , (corrected) County Superintendent. This amount will be paid to the sheriff of the county in two equal installments, on September 15th, and on December 15th, next; provided 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 five months in the year. You will charge the sheriff 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 county, he should apportion the amount among the respective districts and independent districts, according to the number of youths between 6 and 21 iu each, ascertained by the last enumeration, and should 116 SCHOOL LAW OF WEST VIRGINIA. thereupon notify the respective secretaries on this blank (Form 16) without delay. FORM NO. XII. ASSESSOR'S NOTICE TO SECRETARIES OF VALUATION OF PERSONAL PROPERTY. OFFICE OF ASSESSOR OF COUNTY. To the Secretary of the Board of Education of District: The assessed valuation of the personal property in your district on the first day of January, 189 .., aggregates $ Given under my hand the .... day of , 189 . . - , Assessor. P. O. 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 education. The assessor of every assessment district shall make out and deliver to the secretary of the board of education of each district and independent school district in his district, on or before the first day of July in each year, a certificate showing the aggregate value of all personal property; and the clerk of the county court shall certify to the said secretary the aggregate value of all real estate in such district or independent school district, which certificates shall serve as a basis for any levy that may be made for school purposes for that year. (Sec. 43 School Law.) Any assessor who shall to fail to make out and deliver the cer- tificate mentioned in the forty-third section, and any secretary of a board of education who shall fail to make out and deliver the cer- tificate 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. XIII. OF REAL ESTATE. OFFICE CLERK COUNTY COURT [ County, W. Va. j To the Secretary Board of Education of District. The assessed valuation of the real estate in your district on the lirst d;iy of January, 189 . . , aggregates $ Given under my hand the day of . . , 189 . . Cleric of County Court, SCHOOL LAW OF WEST VIRGINIA. 117 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 4.3 School Law.) FORM NO. XIV. SECRETARIES OF DELINQUENT LISTS. OFFICE CLERK COUNTY COURT | COUNTY, j 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, 189 . . : On Real Estate for Teachers' Fund, $ On Personal Property for Teachers' Fund, $ Total for Teachers' Fund, . . 1 -. . . . On Real Estate for Building Fund, $. On Personal Property for Building Fund, $ , Total for Building Fund, T You will charge the sheriff with the following amounts, certified by the auditor as paid to the sheriff on account of redemption of delinquent lands paid into the treasury before sale: For Teachers' Fund, % For Building Fund, $ Given under my hand the day of , 189 . . Clerk of County Court. The said lists shall be returned to th'e 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 courc, and a cony 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 examin- ed, 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 educationist' the proper district. The original list shall.be preserved by the clerk of said court in his;office. Sec.AS, School Law. 118 SCHOOL LAW OF WEST VIRGINIA. FORM NO. XV. SECRETARY'S NOTICE TO COUNTY SUPERINTENDENT, ASSESSOR AND COUNTY CLERK, OF RATE OF LEVIES. OFFICE OF SECRETARY BOARD OF EDUCATION. , , 189 ... *To of county, At a meeting of the board of education of district of said county, held on the .... day of , 189 . . , it was orderded that levies for the support of the free schools of the dis- trict for the year beginning the first day of July, 189. .. be made for the respective funds at the following rates: For Teachers' Fund, cents on the $100 valuation. For Building Fund, cents on the 1100 valuation. Respectfully, , Secretary. *Write Assessor, Clerk of Couny Court or County Superintendent as the ca e may. be. Each must be notified promptly. SECTION 44 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 independent school district is entitled, it shall be the duty of the board of education of such district to determine the rate of taxa- tion necessary 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 superin- tendent 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 "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 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 twenty dollars, for the benefit of the Building Fund of the district. 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 State Superintendent. SEPTEMBER. 1. Auditor reports condition of school fund to State Superintendent. 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. APRIL. 1. (Or before) Teachers make enumeration. 15. (Or before) Secretary transmits copy of enumeration to County Superintendent. MAY. 1. (Or before) County Superintendent forwards to State Superintendent report of enumeration. JUNE. 10. (Or before) Auditor notifies State Superintendent of amount of general or distrib- utable school fund. 30. School year ends, INDEX. AGRICULTURAL EXPERIMENT STATION PAGE. SEC. OPN. establishment of and provisions relating to 84,85 86a ALCOHOLIC DRINKS AND NARCOTICS effects of upon the human system, special instructions in 17 lla to be taught as thoroughly as other branches 17 lla penalty for failure to make the provisions for instruction in_ 17 lla teachers to be examined in 17 lla ASSESSOR to certify value of personal property to secretary; when 46, 47 43 penalty on, for failure to certify value of personal property 47 44 penalty on, lor charging a greater amount of taxes than is due 47 44 fines against, how recovered '. 47 44 form of delinquent list of personal property to be used by 52 47 to furnish list of property in sub-district 30 26 to register names of deaf and blind persons 94 98a AUDITOR not to pay state fund to districts not mating local levy 46 42 delinquent list to be certified to 53 48 to include school taxes on real estate in delinquent list furnished sheriff 53 49 to deduct salary of state superintendent from general school fund.. 75 60 to certify to state superintendent amount of general school fund for distribution 76 61 to issue warrant for amounts of general school fund due county ; when , 76 62 to report condition of school fund to state superintendent; when... 78 68 140 is custodian of the school fund securities 80 74 BLUEFIELD COLORED INSTITUTE name, appropriation and provisions for 105,106 98c BOARD OF BALLOT COMMISSIONERS speo.iftl provisions as to ticket duties of commissioners 1 3 BOARD OP EDUCATION who constitute time in which members to qualify 11 5a members of , ineligible to other school offices 8 2 tie in case of election of ; how decided 2 122 INDEX. PAGE. SEC. ORN. presidents of, to elect county superintendent in case of tie 9 2 application of, to board of ballot commissioners 9 2 to submit question of additional months of school ; how 9 2 to make required levies 9 2 duty of, in case levy is voted down 9 2 time of first meeting of 11 6 members of , must not be interested in school contract 41 34 105 vacancies in; how filled and what time 10 5 to determine the number of teachers to be employed 11 6 no business to be transacted without quorum of, except what 11 compensation of members of 11 6 of independent district; compensation of 12 9 a corporation with corporate right 12 7 liability of 12 7 may receive, hold and dispose of what 12 7 process, how served on 12 7 have control and supervision of schools in district 14 9 may change boundaries of sub-districts 14 9 duty of, in case county court change district boundaries 14 to cause school to be kept in each sub-district _ 15 10 to employ teachers in case trustees fail to do so 15 10 to have revision of acts of trustees 17 18 12 to pay another district tuition of transferred pupils 18 12 may declare teacher's contract illegal 19 13 may review action of trustees in suspending or expelling pupils ... 19 13 to furnish blank record book for trustees 22 16 to apportion school fund to colored pupils; when 23,24 18 2 to give order to discontinue use of unauthorized texts 74 58a may be compelled by mandamus to divide funds 24 18 to require enumeration of school youth to be made 24 19 51 charged with the duty of moral training , 39 32 to provide suitable houses and grounds 41 34 104 not to be interested in contract for building or repairing house 42 34 105 judgment or decree, for money, against. 43 87 indebtedness of, must be paid, how 43 37 to determine the rate of taxation necessary for teachers' and build- ingfunds 47 44 122 must not contract.debt. 48 45 12 to require secretary to publish, statement 49 45 123 to make settlement with sheriff 50 46 12 penalty on for refusing to make settlement with sheriff 54 52 members of liable to fine for neglect of duty 75 59 not to receive part of schbol fund unless local levy has been laid... 76 61 not to pay for abstract of sheriff's settlement 51 .... 129 members of not to act as agents. 57 57 138 to issue order to pay for books (Acts of '95) 66 59 to pay for books and transportation out of building fund (Acts of '97). 73 58a authorized to purchase books from scholar. 74 58a liable for amount of books furnished depositaries 65 58 liable for amount of books furnished depositaries (Acts of '97) 73 58a to appoint depositaries. 64 58 may remove depositary (Acts of '95) 68 58 may remove depositary (Acts of '97) 74 58a to supply secretaries with books to keep depositaries' accounts. 65 58 to require bonds of all contractors , 41 34 BOARD OF EXAMINERS of whom composed 30 27 qualifications of members of.. 30 27 members of; howjnominated, when [elected, ^term 30 27 69,70 INDEX. 123 PAGE. SEC. OPN. to ho'd stated examinations 83 28 72,85 may limit time of examination 32 .... 76 examination to be held at close of institute 38 80 examinations prohibited till after first of school year 38 30 compensation of members of 31 27 members of, cannot issue certificates to each other 33 83 members of , may teach without certificate 33 28 81 BOARD OF THE PERMANENT SCHOOL FUND of whom composed 79 69 organization of. 79 69 meetings of, where held 79 70 to recover money due school fund; how 79 71 may appoint agents _ 79 72 to invest the school fund; how _ 79,80 73 auditor to be accountant of 80 74 BONDS constitutional provision 5 8 publisher's bond (Acts of '95) ' 63 58 depository's bond (Acts of '95) 64 58 publisher's bond (Acts of '97) 71 58a depository's bond fActs of '97) _ 72 58a to be given by county superintendent .-. 55 53 to be given by contractors 41 34 special, to be given by sheriff 49 46 BOOKS officers and teachers not to act as agents for, except 7,57-58 9-57 138 schedule of prices to be supplied by publishers 63 58 changes in books under contract 62 58 certain books not to be required to be used 62 58 BRANCHES TO BE TAGUHT IN THE PRIMARY SCHOOLS enumeration of 16 11 23,81 BRIBERY of district school officers, how punished 19 13 BUILDING FUWD maximum rate of levy for 43 88 110 for what purpose to be used 43*4 88 i12 from what sources derived 44 89 not to be used to pay debts against teachers' fund 44 39 118 money from sale of books te be credited to 65 58 books and transportation to be paid out of 73 58a CADETS appointment of to have free books and stationery _.. , 8* 83 CALENDAR of school year 119 CERTIFICATE grade of to determine rate of salary teachers must file duplicate of- ~ 82 28 plan upon which issued M 35 applicant for to be examined in physiology and hygiene to be granted only upon examination- valid only in county where granted to expire with school year all grades of issued at same examination (See, also, State Certificate.) 124 INDEX. PAGE. SEC. OPN. CHANGES IN SUB-DISTRICT by whom and when made 14 9 CLERK OF COUNTY COURT to call meeting to elect county superintendent in case of tie 9 2 to give notice of such meeting 92 to certify valuation of real estate to secretary ; when 47,5043,46 119 to certify delinquent list to secretary 58 48 180 to place delinquent list of personal property in hands of sheriff. 58 51 to keep record of settlement with sheriff 54 52 to transmit to state superintendent abstract of annual settlement... 54 52 131 to certify to tate superintendent name of county superintendent... 55 53 levies for school purposes to be reported to 6, 7 7 COLORED SCHOOLS trustees to establish, when 23 17 49,50 to receive proportion of district funds. 23 18 trustees to make report of 25 20 53 ( 7 8 white children not to attend < 23 17 ( 96 98& secretary to make report of 25 21 COMMISSIONER when elected, term and commencement 8 2 1 election , duties 10 3 COMPULSORY ATTENDANCE non-attendance, what constitutes 15 10a trustees and teachers to report non-attendance 16 10a exemption from 16 lOa compulsory clause may be set aside upon petition 16 10a CONTRACTS form of contract between teacher and trustees 113 school officers not to be interested in contracts for buildings 41 84 105 book contract of 1895 for five years 62 58 book contract of 1895 to remain in force 70 58a form of contract with publishers 71 58a CONTRACTORS bonds of 41 34 security to be given by 41 34 COUNTY COURT to pass upon special bond 49 46 delinquent list to be returned to 53 48 to certify delinquent list to assessor '. 53 48 to make settlement with sheriff or collector 50 46 COUNTY SUPERINTENDENT constitutional provision concerning 5 3 qualifications of 55 53 election of, length and commencement of term of 8 2 who to be elected in case of tie 9 2 salary of, how paid 55 53 136 salary for last quarter not to be paid till report is made 55 53 132 bond of 55 53 to notify state superintendent of his election 8,9 2 to visit all schools in his county yearly.. 56 54 77 to acquaint himself with the schools of his county- 56 54 INDEX. 125 PAGE. SEC. OPN. to acquaint himself with school house architecture 42 35 108 to cast vote in case of a tie vote for member of board of education. 9 2 vacancy in office of , how filled 55 53 to issue orders to pay members of board 11 6 8 to pay salary of secretary of board of education.. 13 3 to certify to state superintendent value of property, rates of levy... 13 8 appeal to, regarding district boundaries 14 9 20 action of, in case of appeal regarding sub-district boundaries 14 9 action of, when enumeration of youths has not been received 24 19 to certify enumeration of youth to state superintendent 25 19 to make annual report to state superintendent 27 22 57 to nominate members of board of examiners 30 27 68-71 to collect examination fees 31 27 75 to advise state superintendent regarding county institutes. 37 30 to determine location of school house, when 41 34 106,107 may teach without certificate. 83 28 to preserve manuscripts one year from examination 32 .. .. 77 to approve plans of new school houses 42 85 108 to advise boards regarding school houses, furniture, and fixtures ... 56 54 have no authority over rate of teachers' wages. 56 .... 134 to furnish to publishers names and addresses of presidents and secretaries 65 58 to aid teachers in improving themselves. 56 55 to encourage and aid institute work 56,57 55 to join in union institutes 57 55 to conform to the instructions of the state superintendent 57 55 to distribute school supplies for his county.. 57 55 to make detailed report to state superintendent 57 56182,13 to report districts that have failed to make levy 57 56 to report to auditor districts voting down levy 46 42 121 to record his proceedings in a well-bound book. 57 56 to ascertain amount of school fund due his county 76 61 to notify boards of education of the amount 5 ? of state fund due them 76 61 to issue requisition for amount of school fund due districts 76 62 139 to give consent to sale of property 40 33 to call meetings of county book boards 70 58a COURSE OF PROFESSIONAL STUDY to be prescribed by state superintendent 38 80 what to embrace 38 30 teachers to be examined in, 38 30 COURSE OF STUDY state superintendent to prescribe for county and village schools.... 16 11 33 order and arrangement of 16 U county superintendent to enforce uniformity 56 54 DEPOSITARIES board of education to appoint (Acts of '95) 64 58 board may appoint (Acts of '97) 71 58a to execute bond (Acts of '95) 64 58 to execute bond (Acts '97) 71, 72 58a depositary's commission (Acts '95) 65 58 depositary's commission (Acts of '97) 72, 73 58a to make out lists of text books needed (Acts of '95) 64 58 to make out lists of text books needed (Acts of '97) 72 58a to receive books in exchange (Acts of '95) to receive books in exchange (Acts of '97) 74 58a to pay transportation charges to make payments to sheriff (Acts of '95) to make payments to sheriff (Acts of '97) 72 58a , 126 INDEX. PAGE. SEC. OPN. to execute new bond and turn over books 66,67 58 to turn over superseded books to board 74 58a DISTURBANCES penalties for, of schools, societies, etc 21, 22 15a-155 DOLE'S "AMERICAN CITIZEN" to be changed 60, 61 58 ELECTION of county superintendent 8 2 of president and commissioners 8 2 when to be held 8 2 ballots, what to be written or printed thereon 9 2 special , when and for what purpose 9 2 vote upon the question of a high school 27,28 24 vote upon question of increased levy for graded school 29,30 26 63-65 vote upon question of longer term 46 41 officers, liability of... , 10 3 ENUMERATION OF YOUTH how, when, and by whom to be taken 24 19 how to be taken in districts from which there have been transfers 38 12 penalty for not taking 24 19 secretary to keep record of 24 19 county superintendent to report to state superintendent; 25 19 EXAMINATION OF TEACHERS in what branches .. 16,82-3528,29 22AC teachers not to be admittei to, who have not attended institute... 38 SO 91 not to be held before beginning of school year 88 80 97 FINES for failure to teach nature of alcoholic drink 17 lla against school officers for being interested in contracts 41 34 against assessors, how recovered 47 44 against assessor for overcharges of taxes 47 44 against assessor for failure to deliver corticate 47 44 against members of board for failing to make settlement 54 52 against sheriff for failure to make settlement 54 52 for violations of county school book board laws 75 58a for using unauthorized textbooks 74 58a for violating county text book law 75 58a against members of school board for neglect of duty 75 59 for molesting or disturbing schools 21 15a FIRES trustees required to provide for building 39 32100..101 maximum to be paid for building 89 82 FORFEITS by teachers who disobey order of state superintendent 67,68 58 ...... by teachers who use unauthorized texts-books 74 58a FORMS of delinquent list '. 52 47 of county superintendent's requisition. 76 62 of assessor's delinquent list of personal property 52 47 of county clerk's delinquent list of real estate 52 47 of record to be entered by board of education 108 ..._ of appointment of trustees ; 109 INDEX. PAGE. SEC. OPN. of order to fill vacancy in board of trustees HO of order to fill vacancy in board of education HO of oath of office HO for sheriff's annual settlement HI for call for special meeting HI for transfers of pupils H2 of contract between trustees and teachers H3 of county superintendent's certificate to auditor 113 of county superintendent's certificate to secretaries 114 of county superintendent's certificate of state fund. 115 of assessor's notice of valuation of personal property 116 of county clerk's notice of assessed valuation of real estate _ lie of county clerk's notice of delinquent lists 117 of secretary's notice of rate of levies. 118 FREE SCHOOLS duty of legislature concerning ... 5,6 1-5 levies for, to be reported to clerk of county court 6 7 ( 7 8 white and colored persons not to attend same school.. 1 23 17 ( 96 986 persons connected with not to be interested in sale of books 7, 57 9, 57 138 persons above twenty-one years of age may attend; when 15 10 21 may be discontinued under the thirty-five per cent. rule__ 19 13 penalty for molesting or disturbing. 21 15a FURNITURE, FIXTURES, AND APPARATUS to be provided by the board of education 41 84 to be kept in good order and repair 41 84 GENERAL SCHOOL FUND from what source derived 75 60 how and when distributed 75 60 amount of, for distribution to be certified to state superintendent. 75, 76 61 GOVERNOR to appoint regents of the University 82 78 to fill vacancies in board of regents of University 82 78 to appoint regents of Normal Schools 86 87 to appoiut regents of Schools for Deaf and Blind 91 98a to appoint directors oi Reform School _ 99 98c to fill vacancies in board of directors of Reform School 99 98c to appoint regents of Bluefield Colored Institute. 105 98c to appoint regents of West Virginia Colored Institute. 97 986 GRADED SCHOOLS inaybeestablisned.ho-w how term may be extended in 29, 80 26 68-66 HIGH SCHOOL may be established; how 27-2924-25 to be discontinued ; when additional levy for 28 24 joint high school 28 directors of joint high school care and direction of joint high school report of directors of joint high school HOLIDAYS days on which school is not to be kept - 128 INDEX. PACE. SEC. OPN. HYDE'S LANGUAGE BOOKS declared to be grammars 68 58 INDEBTEDNESS constitutional provisions concerning 5 8 against teacher's fund; how paid 45 40 10 INDEPENDENT SCHOOL DISTRICTS constitutional provision concerning 7 10 compensation of members of board 12 9, 10 not to receive part of state fund unless levy has been made 46 42 121 INSTITUTES for -what purpose established 37 30 how, when, and where to be held 37 3!) to be instructed by whom 37 30 compensation of instructor of 38 30 state appropriation for 38 30 course of work for 38 30 teachers failing to attend not to b8 employed 38 30 excuse for non-attendance at 39 30 95 INVOICE OF BOOKS publishers to forward 65 58 IRREDUCIBLE SCHOOL FUND (See Permanent School Fiind.) LANDS FOR SCHOOL PURPOSES boards of education to purchase 41 81 how to be condemned 42 3(5 109 how may be sold 40 ?.& 102 exempt from taxes 43 37 exempt from execution or other process 43 37 ...... LEGISLATURE shall encourage moral and educational improvement 7 12 must make suitable provision for whom 7 12 LEVY for graded school 29 25 ballots for question of school levy 9 2 how long to continue after election 9 2 special, may be made 45 40 117 for building fund 48 38 for support of schools ... : 44,45 40 special for indebtedness 45 40 necessary to get state fund _ 46 42 121 assessor's certificate, basis of 47 43 for books furnished depositaries _ 66 58 LIENS on real estate for district levies 53 50 MAGISTERIAL DISTRICT constitutional provision for 8 27 to be school districts 8 1 to be divided into sub-districts 8 1 not to receive part of State fund unless levy has been made 46 42 121 NON-ATTENDANCE what constitutes , 15 10a INDEX. 129 PAGE. SEC. OPN. trustees and teachers to report ... 16 10a NORMAL SCHOOL (See State Normal Schools.) OATH OF OFFICE required by constitution g g time in which to take H g a secretary of board may administer 13 8 OFFICERS. may be removed for what 3 6 subject to indictment for what 4 4 general provisions relating to 10 fine for, when other penalty is not fixed 75 59 ORDER OF BUSINESS for meeting of board of education 107,108 PERMANENT SCHOOL FUND constitutional provision relating to _ 5 4 report of condition of, to be made to State superintendent 78 68 140 board of, of whom composed 79 09 auditor to ascertain what sums have accrued 79, 80 78 how to be invested 79 73 stocks transferred to 80 73a PREPARATORY BRANCH OF THE UNIVERSITY. appropriations for and regents of 108 98c power of regents, property and general provisions 104 98c PRESIDENT OF BOARD OF EDUCATION. when elected, length of term and commencement 8 2 to sigi) orders upon the sheriff 11 6 vacancy in office, how filled 10 6 2 to elect board of examiners 30 27 67,68 to visit school houses and make report 40 38 to fill vacancy in office of county superintendent 55 58 cannot be a member of the board of examiners 82 74 to sign list of books needed 72 58a PRIMARY SCHOOLS branches to be taught in 16 11 81 PROFESSIONAL STUDY COURSE OF (See course of professional study.) PROSECUTING ATTORNEY. duty in case sheriff fails to make settlement 54 52 to instruct boards of education ,., 42 48 109 PUBLISHERS who fail to fulfill contract 70 58a to give bond on state contract 63 58 to give bond on county contract 71 58a to send books promptly 72 58a to make out two bills of books 72 58a PUPILS legal age of may be expelled or suspended 19 18 130 INDEX. PAGE. SEC OPN. pay...,. ,.. 15 10 QUORUM of trustees 22 16 of school book "board 68,69 58a of regents of the University 82 78 of regents or schools for deaf and blind 92 78a .... of directors of reform school 99 98c REGENTS of the University; when and how appointed 81,82 78 expenses of University regents 84 84 of state Normal School 86 87 of the Preparatory Branch of thp University 103 98c of West Virginia >lored Institute 97 98& oi West Virginia School for Deaf and Blind 91 98a of Bluefield Colored Institute. 105 98c REGISTERS term and da^ly 86,37 30 to be 'eturnp 1 87 80 pena ty for fai'ure to return 37 80 JKEPOBTR truste-p'. 25 20 SK-r-rarj'rt 25 21 county superintendepfs, of enumeration 25 19 c"unry superintendent's, to state superintendent 27 22 57,58 of principals of normal school* 89 95 SAL * RY of teachers fixed by board of education.. 11 6 to be fixed according to grade of certificate 11 6 minimum to be paid teachers 11 6 SCHOOL AGE and who may have school privileges 15 10 SCHOOL BOOK BOARD .state, general provisions in regard to 63,64 58 county, general provis'ons in regard to 68 58a members of, how appointed, & 3 68 58a quorum of county 68,69 58a first meeting of, when 69 58a to secure terms and fix retail price 69 58a to meet six months before state contract expires.. 70 58a to meet three months before county contract expires 70 68a not to change more than one book or series in one year _ 70 58a SCHOOLS may be discontinued ; when 19 18 SCHOOL FUND. (See Permanent school fund and General school fund.) SCHOOL HOUSES to be provided by board of education 41 34 how to be located - 41 34 106,7 for union schools; how provided 41 34 108 plan to be approved by county superintendent 42 35 how .sold at public auction 40 83 102 INDEX. 131 proceeds of ?ale of school property how school property may be recoiivtyed to grantor title to property on which, are located...., SCHOOL MONTH to consist of twenty days not including Saturday... SCHOOL OFFICERS teachers are not toactas agents not to act asjagents PAGE. SEC. OPN. 40 33 40 33 41 34 104 57 30 IS 1S8 SCHOOL TERM increase iu length of ................................ ....... .................. 9 minimum length of ....................... ...................................... 45 SCHOOL YEAR to commence and to end ; when all settlements to be made with respect to. calendar of 27 27 lltt 23 23 59-61 SECRETARY OF BOARD OF EDUCATION appointment of 18 8 to give notice of special election 9 2 to sign orders on sheriff u 6 official records to be kept by 18 g to be custodian of records for the board 18 g to publish abstracts of proceedings; when 13 g to certify value of property, rate and amount of levy.. j 26 21 J|'JJ to keep record of enumeration and to certify to 24 19 51,52 to make report of colored schools 25 20 to file teachers' term register 87 30 93 to publish statement wben expenditures equal $3, 000.. 49 45 123 compensation of.... 13 8 secretary's remunerai-on for report 26 21 135 no additional compensation -J9 ... i-2;-i report r>f, to county superintend- nt -J5 21 to charge sheriff with au ount from depositaries 65 58 to sign depositary's list of books and send to publishers 72 58a SECRETARY OF COUNTY SCHOOL BOOK BOARD county superintendent to be 68 58a t keep record of business 69 58a to keep record of votes 69 5Pa to report to st -te superintendent 69 58a to furnish state superintendent with names of publishers - 70 58a SHERIFF to receive, collect and disburse school moneys 49 46126-127 required to give special bond;when 49 46 to collect levies of board of education... 47 44 to pay teachers monthly _. 37 80 to serve notice on members of board of education _ 9 2 annual settlement of, with county court 6,7 7 to keep account with the several boards of education 50 46 settlement of, with board of education 50 46 125 to be credited with delinquent taxes 50 46 to be credited with all vouchers in hand 50 46 Dot to receive pay for disbursing state school fund 51 46 commission of, for receiving and disbursing railroad taxes 51 46 132 INDEX. PAGE. SEC. OPN. judgment against, may be obtained; how 51 46 may be required to endorse school order._ 51 46 to return delinquent lists 52 47 form of oath of , to delinquent lists 52 47 to receive delinquent list of personal property 53 51 commission of, for collecting district levies 53 52 liable if he refuse to pay orders 73 58a to make annual settlement with county court 53, 54 52 duty of , on making final settlement 54 52 to receipt to depositaries 65 58 to pay publishers' orders for book supplies : 66 58 to give duplicate receipts to depositaries 73 58a to receive portion of general school fund 76 62 STATE BOARD OP EXAMINERS of whom to consist: how appointed and term 35 29a meetings and stated examinations 35 29a vacancies in, how filled 35 29a compensation and traveling expenses of members of 36 29a certified account of, to state superintendent of free schools 36 29a record of proceedings of 36 29a STATE CERTIFICATE classes of , to whom issued 85 29a 88 how issued to graduates... 35 29a 88 to be countersigned by state superintendent 36 29a valid in any school district 86 29a ...._ fees for 36 29a STATE NORMAL SCHOOL AND ITS BRANCHES establishment of ... 86,87 87 regents of, how appointed; duties 86,8787-88 executive committee of, how appointed; duties 88 89 branch of , at Fairmont, established 88 90 branch of , at West Liberty, established. 88 91 branch of, at Glenville, established 88 92 branch of, at Shepherdstown, established 88, 89 93 branch of, at Concord, established 89 94 reports of principals of, to president of regents 89 95 students admitted to; how; tuition 89,9096-97 146 no more appropriations for establishing new branches of 7 11 unearned portion of appropriation for .'. 90 97 STATE SCHOOL BOOK BOARD (See School Book Board.) STATE SUPERINTENDENT OF FREE SCHOOLS constitutional provisions relating to 6 2 qualifications of 77 68 expenses, limit of 5, 77 2, 68 to prescribe manual and graded course of study 16 11 to prescribe and furnish blanks for taking enumeration 25 19 to countersign state certificate 86 29a to prescribe form of registers 37 80 to fix time and place of holding institutes 37 80 to employ institute instructors 87 80 to prescribe graded course of institute work 38 30 to prescribe course of professional study 38 80 to draw warrant upon auditor for county superintendents' salary.. 55 53 to contract with publishers for prescribed text-books 62 58 to ascertain amounts of general school fund by counties 76 61 ...... INDEX. PAGB. SEC.OPN. salary of; now paid 77 office of , to bo kept at seat of government 77 ^ to provide a seal of office 77 64 to sign requisitions on auditor 77 ^ to have supervision of county superintendents 77 6 5 to prescribe and prepare all forms and blanks 77 6 5 to publish and distribute school laws. _ 77-73 55 to correspond with educators and school officers ' 73 66 to make report to the Governor 78 67 a member of the board of the school fund 7 9 8 9 member board of regents Bluefield colored institute 105 ggc " member of board of regents of state normal ... 86 37 member board of regents preparatory branch of W. Va. University 103 98c to prepare diplomas for the normal schools 8 7 33 to prepare and supply blank bonds and order lists 66 58 to give order to discontinue use of unauthorized texts 67 58 may be compelled by mandamus to give such order 67 58 not liable for costs 67 58 to notify county superintendents of failure of publishers 70 58a STATE TAX. (See Taxation.) STUDENTS giving credit to, prohibited.. 99 9S SUB-DISTRICTS appeal from decision of board regarding boundaries of 14 9 TAX capitation, how appropriated 4 2 ...... capitation, exemption from 4 2 state, rate of 75 60 school orders to be received in payment of 51 128 TAXATION maximum rate of , by county 4 7 power of legislature in 4 5 TEACHERS qualification of 15 10 required to pass examination in certain branches 32-8428,29 form of contract between trustees and 113 may be removed for what 19 18 how punished for attempting bribery 19 18 how to be paid 87, 56 80 94 to keep daily register 36 80 to keep term register 36, 87 30 91 to make monthly reports to secretary of board 87 80 89 to take enumeration of school youth 24 19 charged with duty of moral training 89 32 exempt from certain duties 24 19 exempt from institute attendance, when 88 80 to be examined in physiology and hygiene 17 lla are school officers i3 8 substitutes for 33 not to act as agents 57 57 1 s8 liable for using unauthorized text-books 67, 74 58.58a noc liable for r-osts 67 58 to f<--rf> it f ,r disobeying order of state superintendent 67,68 58 failing to attend institute not to be employed, or examined 38 80 96 134 INDEX. PAGE. SEC. OPN. fine for violation of law by, when other penalty is not fixed 75 59 TEACHER'S CERTIFICATE (See Certificates.) TEACHER'S CONTRACT form of to be furnished by state superintendent 18 18 shall state what 18 13 with whom to be filed 19 13 TEACHERS' FUND annual levy for 44,45 40 maximum rate of levy for 45 40 used only to pay teachers' salary 45 40 116 board compelled to lay levy for 45 40 special levy for, when to be made 45 40117-119 indebtedness of, how paid - 45 40 120 TEACHERS' INSTITUTE (See Institute.) TEXT BOOKS list of, prescribed for use in free schools 58-62 58 provisions of state adoption laws for 58 58 provisions of county adoption law for 68 58a TITLE to joint property 41 34 to lands donated 43 87a TRANSFER OF PUPIL* can be made; when. ...... 18 12 for what reason 18 -- 84-37 TRUSTEES time in which to qualify 11 5a when appointed and length of term 10 4 quorum of 22 16 to be under supervision and control of board of education 17 12 action of, subject to revision by board, when 17 12 removal of, from office, how 19 13 vacancies in office, how filled : 10 5 have charge of school 18 13 may remove teacher for what .., 19 13 cannot change teacher's salary as fixed 11 6 may exclude whom from school 19 13 may suspend or expel pupils for what 19 13 action of expulsion may be reviewed by b->ttrd of education 19 13 may discontinue school, when.. 19 13 to visit schools uuder their charge; when 20 14 41 duties of , when visiting schools. 20 14 42 to offer suggestions to teachers 20 14 cutv of, regarding school houses 20,21 15 may sue iu name of board of education 21 15 may permit school houses to be used for what.. 21 15 43-17 to furuish boards of education with estimate of improvements 21 15 to keep account of all expenses incurred by them 22 16 48 may purchase what 22 16 48 how bil'i contracted b^ , are to be paid.... 22 16 quorum '-f , and record of meeting of 22 16 to establish colored schools; when . ... 23 17 49 INDEX. 135 PAGE. SEC. OPN. to make report to spcretary of board of education 26 20 53 not to employ a teacher who has not attended institute 38 80 95 to see that school houses are kept clean and fires made... 39 82 101- 2 not to be interested ia contracts 41 34 may oider schools to begin an> month 46 41 not to act as agents 57 57 138 TUITION tuition pupils 15 10 of transfer pupils 18 12 84-37 rate of , to whom paid and how applied 15 10 21,22 U3SIOX SCHOOLS how established 41 84103,104 title 10 property of, how vested 41 34 colored 22 17 UNIVERSITY, THE WEST VIRGINIA establi^hmen'. ar d name of 8176-77 the board of regents of, duties 81,82 78 g aduation of students 84 85 general regulations pertaining 88 80 departments in, how established 83 79 preparatory department of, may be established 83 81 cadets, how admitted to 83,84 82 endowment fund of, how invested 84 86 VACANCIES in office of trustee, how filled 10 5 in board of education; how filled 10 5 2 in office of couaty superintendent, how filled 10,55,56 53 3 in board ot examiners 81 27 in state board of examiners 35 29a in county school book board 68 58a In board of regents of University 82 78 in board of regents of Schools for Deaf and Blind - 91 98a In board of directors of Reform School 99 98c WEST VIRGINIA REFORM SCHOOL establishment and object of 98 how inmates are admitted to 10 98c board of directors of " 98c WEST VIRGINIA COLORED INSTITUTE ho .v and under what provisions established. name and location of board of regents of buildings and appropriations for WEST VIRGINIA SCHOOLS FOR DEAF AND BLIND name of 91 98a board of regents of duties of principal of general regulations ar.d provisions for - 92-fc duties of county officers in respect to WHEELING, CITY OF free schools of, not affected by general law 8 -- superintendent of, qualifications of YC