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. 
 
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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 a<re, residing 1 in such sub-district, or district, and 
 be applied for that purpose from time to time in such 
 way as the board of education of the district may deem 
 best. Any board of education failing to comply with 
 this section may be compelled to do so by the circuit 
 court of the county, by mandamus. 
 
 Enumeration 19. The board of education of each district and inde- 
 pendent school district shall require the teacher or 
 teachers in each sub-district or independent school dis- 
 trict, annually, before the close of the school or schools, 
 not later than the first day of April, to make an enum- 
 eration of all the youths resident in such sub-district or 
 independent school district, who shall be over six years 
 and under twenty-one years old, on the first day of July 
 following, distinguishing between male and female, 
 white and colored. 
 
 The enumeration shall be taken in two classes as fol- 
 lows: One class shall contain all youths between the 
 ages of six and sixteen years, and the other, youths be- 
 tween sixteen and twenty-one years respectively. The 
 enumeration shall be verified by the affidavit of the 
 teacher who took the same, before some person quali- 
 fied to administer oaths, to the effect that he used all 
 Enumeration ; means in his power to make it, and believes it to be 
 Sot ta t liu r correct, and shall return such enumeration to the secre- 
 tary of the board of education of the district with the 
 term report of such school, or not later than the first 
 day of April; and unless such enumeration be properly 
 taken and returned, the teacher shall not be entitled to 
 demand payment of the balance due on his salary, or so 
 much thereof as shall be necessary to defray the ex- 
 penses of the enumeration as herein provided. 
 Tcachars ex- No teacher in this State shall be required to serve on 
 cfrtSn 1 duties an y i lll T? nor ^ work on the roads, while his school is 
 
 "in actual operation. 
 
 Enumeration; The secretary of the board of education shall keep a 
 keep^fecord* recor( ^ m n ^ s office of the enumeration of youth so taken, 
 ot and shall annually, on or before the fifteenth day of 
 
 April transmit a certified copy of such enumeration to 
 the county superintendent of his county. When such 
 enumeration for any district or sub-district shall not be 
 received by the county superintendent before the twen- 
 tieth day of April in any year, it shall be his duty, with- 
 out delay, to employ a competent person to take and 
 verify the same as aforesaid. The person taking and 
 verifying such enumeration shall be paid a reasonable 
 compensation, to be allowed by the board of education, 
 not to exceed two dollars per day for the time necessa- 
 
SCHOOL LAW OF WEST VIRGINIA. 25 
 
 rily consumed, and paid by an order of said board, 
 signed by the president and secretary, out of the build- 
 ing fund of such district. 
 
 jn eithqr case the. county superintendent as soon as he county super- 
 receives the enumeration for any district or independent tS^wt! 1 
 school district, and not later than the first day of May, 
 shall forward to the State Superintendent of Free 
 Schools a statement of the number of youths of school 
 age therein. The State Superintendent of Free Schools 
 snail prescribe and furnish all blanks to be u^ecl f or 
 taking the enumeration of youth. 
 
 LI. A correct enumeration of the Fchool youth Is one of the most im- 
 portant matters connected with the school work of the State, for it is the 
 basis upon which the distributable school fund of the State is disbursed. 
 The s'-civtury should carefully examine the enumeration report from every 
 sub-district and satisfy himself of its accuracy. 
 
 LI I. The secretary of the board is authorized to administer oaths to 
 teachers as to the correctness of their reports of enumeration. See Sec- 
 tion s. 
 
 20. The trustees of each sub-district shall make a Trustees 
 report to the secretary of the board of education of their 1>e 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<l (.'<tldu'iU, Attorney General. 
 
 LXIV. The number of tax-payers wto are to petition for more than five 
 months' school in a sub-district is left to the discretion of the board. 
 There should be a sufficient number on the petition to indicate that the 
 desire was seriously entertained and eatitled to respect. 
 
 LXV. The vote should be taken not later than the 10th of May, so that if 
 the increased rate of levy is authorized, the assessor may have thenece^- 
 sary time iu which to extend same ou his books. The r-ite of levy being 50 
 cents on the one hundred dollars, the increase to be voted upon can not ex- 
 ceed fifteen cents additional, making the maximum levy for the support of 
 a graded school 65 cents ou the one hundred dollars. 
 
 LXVI. "The board should have the sheriff collect the taxes for the 
 graded school. They should enter an order authorizing him to collect. It 
 would not be best to order the collection by anyone else." Alfred Caldwcll, 
 Attorney-General. 
 
 ^' There shall be in every county, for the purpose 
 ' of examining and certifying teachers, a county board of 
 examiners, to be composed of the county superintend- 
 ent, who shall be ex-ojficio president, and two experi- 
 enced teachers, each of whom shall have received a 
 teacher's state certificate or a number one county cer- 
 tificate, or be a graduate of some reputable school, to be 
 nominated by the county, superintendent and appointed 
 by the presidents of the district boards of education, 
 at a meeting for that purpose, to be held at the county 
 seat on the first Wednesday in July, 1898, one of whom 
 shall be appointed for a term of two years and one for 
 one year, and thereafter one member annually for a 
 term of two years, at which meeting a majority of said 
 presidents, or any three thereof, shall constitute a 
 
SCHOOL LAW OF WEST VIRGINIA* 31 
 
 quorum. It shall be the duty of the county superint- 
 tendent to attend such meetings. 
 
 Vacancies in said board of examiners shall be filled by Vacancies, 
 the presidents in the same manner as members of said 
 board are appointed, and it shall be the duty of the 
 county superintendent, upon ten days' notice, to call 
 meetings of said presidents at the county seat for that 
 purpose. The board of examiners shall each receive a compensation 
 compensation of three dollars per day for each day actu- of examiners. 
 ally and necessarily employed in conducting the examin- 
 ations, and for one day at each of the two stated exam- 
 inations required in section twenty-eight of this chapter 
 to be spent in consultation and preparation for their 
 duties. This compensation shall be paid out of the fees 
 received from the teachers examined, and shall in no 
 case exceed the amount thereof. 
 
 The county superintendent shall collect from every 
 person who applies for examination a fee therefor of 
 one dollar, out of which he shall pay the per diem of 
 
 the board of examiners, and the expense of the notice n 
 
 11 i ,1 . i? ji . i county super- 
 
 required by the twenty-eighth section of this chapter, intendent to 
 
 and the balance, if any, he shall pay to the sheriff, to beSd^retura 
 placed to the credit of the distributable fund of the account - 
 county received from the State, and distributed with it. 
 He shall at the end of each school year, make and re- 
 turn to the clerk of the county court, and also to the 
 State Superintendent, a detailed and certified account of 
 the names of all applicants for examination; the amount 
 of the fees received by him for the same; the amount 
 paid out to the members of the board of examiners, and 
 the balance, if any, placed to the credit of the distri- 
 butable fund of the county as aforesaid. 
 
 LXVII. Presidents of independent school districts should participate in 
 the election o members of the board of examiners except where their 
 teachers are not required to be examined by said board, as in Wheeling, 
 Uuutington, Charleston, Martinsburg, Ac. x 
 
 LXVIII . No more than two names should be proposed to the presidents of 
 the boards of education at one time for members of the board of examiners. 
 If either or both are rejected, then other nominations should be made. 
 
 LXIX. No person other than a teacher should be appointed a member of 
 the board of examiners. 
 
 LXX. All appointees must hold No. 1 certificates or their equivalents. 
 
 LXXI . The county superintendent has the sole right to name candidates 
 to tne presidents for members of the board of examiners. 
 
 LXXII. All school officers, including members of the boards of exam- 
 iners, are required to take the oath prescribed by the constitution, section 
 5, Article IV. 
 
 LXXI1I. The presidents of the boards of education have no authority to 
 elect persons members of the board of examiners not nominated by the 
 county superintendent. 
 
SCHOOL LAW or WEST VIRGINIA. 
 
 LXX I V . The offices of president, of board of education and member of the 
 board of ex *i miners are incompatible. 
 
 LXXV. Incase there is more money received from fees in one examina- 
 tion than pays the per diem of the members of the board and the publica- 
 tion of notice, the residue may be used to pay per diem of members of the 
 board in subsequent examinations in the same year where the receipts are 
 insufficient. 
 
 LXXVI. Boards of examiners have the right to limit the time to be oc- 
 cupied by the teachers in answering the questions of each branch. 
 
 LXXVII. It is 'the duty of the county superintendent to preserve the 
 manuscripts of the teachers who are examined, for at least one year from 
 their date. 
 
 Teacher must 
 have a 
 certificate. 
 
 Teachers 
 examined 
 in certain 
 branches 
 
 Certificate 
 in foice in 
 county where 
 issued. 
 
 LXXVII1. "It is a gross violation of official duty for the presidents to re- 
 main absent from the meeting for the purpose of avoiding the appointment 
 of ex-miners. They are subject to be fined und a r ft 59 School Law. Exam- 
 iners hold over until a new appointment is made of successors." Alfrtd 
 Caldwcll, Attorney-General. 
 
 28. No teacher shall be employed to teach any public 
 school of this State until he shall have presented to the 
 trustees, directors or board having charge of such school, 
 a certificate in duplicate of his qualifications to teach a 
 school of the grade for which he applies, the duplicate 
 of which shall be filed with the secretary of the board of 
 education of the district in which the school is situated 
 and so endorsed on the original by the secretary; and no 
 salary shall be paid to any teacher unless duplicate be 
 filed as aforesaid. 
 
 The board of examiners shall examine each candidate 
 for the profession of teacher, who may apply to them, 
 as to his or her competency to teach orthography, read- 
 ing, penmanship, arithmetic, English grammar, geog- 
 raphy, history, single entry book-keeping and civil 
 government, if the application be for a primary school, 
 and if the application be for a higher school, they 
 shall examine the applicant as to his competency to 
 teach the additional branches required for such school, 
 and if satisfied of the compentency of the applicant to 
 teach and govern such schools, and that he or she is of 
 good moral character and not addicted to drunkenness, 
 they shall give a certificate in duplicate accordingly. 
 The county superintendent shall keep a register of all 
 certificates awarded by the board of examiners, stating 
 the character and grade of certificate and the time when 
 issued. 
 
 No certificate shall be issued by the board of 'examin- 
 ers, except upon an actual examination, participated in 
 by a majority of the board, or be of force except in the 
 county in which it was issued, nor for a longer period 
 than one year, except as provided in section twenty-nine 
 of this chapter, and the board of examiners may, upon 
 proper evidence of the fact, revoke the certificate of 
 any teacher within the county, for any cause which 
 
SCHOOL LAW OF WEST VIRGINIA. 33 
 
 would have justified the withholding thereof, when the 
 same was granted, by giving ten days' notice to the 
 teacher of their intent to do so. 
 
 The froard of examiners shall, at two stated periods Examinations 
 in each year, agreed upon by themselves, of which they ceitafu times. 
 shall give due notice, hold public examinations, at which 
 all applicants for certificates shall be required e to attend; 
 and should circumstances require it, the county super- 
 intendent may call extra meetings for the same purpose. 
 County superintendents and members of the board of Examiners 
 examiners may be employed to teach without the certifi- Sfde^tnf 11 *" 
 cate required of other teachers. But should any mem- teach without 
 ber of the board of education or school trustee be ce 
 employed as teacher, it shall vacate his office. 
 
 LXXIX. No person shall be employed to teach a public school who has 
 not a teacher's certificate regularly issued and still in force. Substitute 
 teachers are permissible when the teacher is unavoidably absent, and then 
 only, with the consent of the school trustees. Substitutes should have cer- 
 tificates of same grade as those whose places they fill. It is not necessary 
 for the trustees to make a contract with a substitute. A teacher can not 
 engage a school, make a contract for it, then employ a substitute and him- 
 self take another school. 
 
 LXXX . If a teacher obtain two certificates the same year, he may con- 
 tract with the trustees on either, whether of the same or different grades. 
 
 LXXXI. The right of a member of the board of examiners to teach with- 
 out examination is confined to the county in which such position is held. 
 
 LXXXII. The board of examiners are required to hold two stated public 
 examinations and, should circumstances require it, extra meetings may be 
 held for the same purpose. 
 
 LXXXII I . The members of the board of examiners are authorized to teach 
 without certificates, and are therefore prohibited from issuing certificates 
 to each other. 
 
 LXXXIV. Section 80 of chapter 45 of the Code, provides that ail certifi- 
 cates for the school year, must be issued after July first, and for that reason 
 the certificate in question would expire with the oid school year. * * 
 There is no provision made for the examination of a county superintendent 
 while in office as he has the right to teach during his term of office without 
 a certificate T. .S. It iley, Attorney-General. 
 
 LXXXV. The latter part of section 28 of chapter 45 of the Code, pro- 
 vides that there shall be two public examinations at which all applicants 
 for certificates shall be required to attend, and should circumstances re- 
 quire it. the county superintendent may call extra meetings for the pur- 
 pose. Now, if the certificate granted was given at one of the above meet- 
 ings, it would be good until the time for which it was given expires. * * 
 
 * I take it that all certificates, except those granted under section 29, 
 expire with the school year. Section 80 provides that no examinations 
 shall be held or certificate granted until after the first day of July of the 
 school year in which said certificates are to be used T. 3. Eiley, Attorney- 
 General. 
 
 LXXXVI. As the law now stands all grades of certificates may be issued 
 at the same examination. (See latter part of section 29. of school law.) 
 The law provides for two stated examinations and should circumstances 
 require it. the county superintendent may call extra meetings for the 
 same purpose. At any of these examinations all grades of certificates may 
 be issued, but the extra meeting should not be called unless it is absolutely 
 necessary to supply teachers for the current school year. The practice of 
 some county superintendents of calling extra meetings and granting cer- 
 tificates after the schools for the year have closed and when i 1 ; is no*-, neces- 
 sary to supp'y teachers for the school year ending July the first following 
 the examination, is Hot warranted un-der the law. Such examinations 
 should not be held until after the first of July or in other words after the 
 
SCHO@I LAW OF WEST VIRGINIA. 
 
 Regulations 
 Jor Bourds of 
 Examiners 
 
 First grade 
 certificates . 
 
 Second grade 
 
 Third grade. 
 
 beginning ol the new year. (See section 30 of the school law.) All No. 1 
 certificates properly granted expire in three years from the first of July 
 following the date of their issue, and No. 2"bertiflcates in one year from the 
 first of July following the date of thftir issue, and No. 8 certificates expire 
 on the first of July following the date of their issue. T. H. Rilcy, Attorn- y- 
 Qeneral. 
 
 29. The following regulations shall be observed by 
 boards of examiners with regard to examinations and 
 granting teachers' certificates: 
 
 First. No applicant shall be admitted to examination 
 unless the board shall have reasonable evidence that he 
 or she is of good moral character aad temperate habits, 
 and has attained the age of sixteen years. 
 
 Second. No college diploma or certificate of recom- 
 mendation from the president or faculty of any college 
 or normal school or academy shall be taken to super- 
 sede the necessity of examination by the board of exam- 
 iners, nor shall a certificate be granted to any applicant 
 except after a careful examination upon each branch of 
 study and upon the art of teaching. 
 
 Third. Boards of examiners and others herein author- 
 ized to confer certificates shall state the teacher's grade 
 of proficiency in each branch in which he is examined. 
 
 Fourth. They shall grade the certificate granted ac- 
 cording to the following scheme numbering them ac- 
 cording to the merit of the applicant from one to three: 
 
 The first grade certificate shall be issued to all appli- 
 cants who shall pass an examination in all the branches 
 required to be taught in the primary free schools of the 
 State, and in addition thereto the theory and art of 
 teaching, general history, civil government and book- 
 keeping, and obtain a general average of ninety per 
 cent, on a scale of one hundred per cent, and not less 
 than seventy- five on any one branch; which certificates 
 shall be valid for a period of four years and shall be 
 re-issued once without examination at the discretion of 
 said board of examiners, provided the holder has taught 
 two years on said certificate. 
 
 The second grade certificate shall be issued to all ap- 
 plicants who shall pass an examination upon all the 
 branches required to be taught in the primary free 
 schools and in addition thereto civil government and the 
 theory and art of teaching and obtain a general average 
 of eighty per cent, and not lower than seventy per cent, 
 on any one branch, which shall be valid for a period of 
 two years and be re-issued only upon examination. 
 
 The third grade certificate shall be granted to appli- 
 cants who shall pass a satisfactory examination in 
 the branches required to be taught in the primary free 
 schools, and the theory and art of teaching and obtain 
 a general average of seventy per cent, and not lower 
 than sixty per cent, in any one branch, and be valid for 
 
SCHOOL LAW OF WEST VIEGISLA. 35 
 
 a period of one year and be re-issued only upon exami- 
 nation and then not to the applicant more than twice. 
 All grades of county certificates provided by law shall 
 be granted at the same examination. Failure to attend 
 the teachers' county institute Avhere such attendance 
 may be required of teachers holding any of these grade 
 certificates unless excused by law or unless said failure 
 may be for reasons deemed sufficient by the county 
 board of examiners shall be c'ause for revoking said cer- 
 tificate. 
 
 LXXXVII. Th're is now no distinction made between applicants for cer- 
 tificates. They must all pass examination in all the branches required to 
 be taught in the T^rimary schools 01 the State and in additeon tnereto in 
 the theory and ait of teaching. See section 11. 
 
 29. I. There shall be a State board of examiners state Board of 
 which shall consist of four competent persons, one from Exan 
 each congressional district, to be appointed by the State 
 Superintendent of Free Schools; the term of office of 
 such examiners shall be four years and vacancies in said 
 board shall be filled by the State Superintendent of Free 
 Schools. Said board shall meet at two different places, Meetings. 
 at least, in each congressional district in each year, for 
 the purpose of making the examinations and granting 
 the certificates provided for in this act, and any three of 
 said members shall constitute a quorum. 
 
 II. The board thus constituted may issue two grades Gmd-s of 
 of certificates to such as are found to possess the requi- c 
 site scholarship, and who exhibit satisfactory evidence 
 of good moral character and of professional experience 
 and ability, as follows: First class certificates for twelve 
 years; second class, for six years. Any person holding 
 a certificate of the first class, who shall have taught for 
 eight years of said twelve years, shall be entitled, with- 
 out examination, to have the same renewed at the expi- 
 ration of the said twelve. 
 
 The second class to be issued to applicants of satis- 
 factory attainments in the branches required for county 
 certificates, and in addition, not fewer than four other 
 branches to be determined upon by the board. 
 
 The second class certificates shall be issued upon ap- 
 plication, without examination, to the graduates of th<i uatesof 
 State University of West Virginia, of the Peabody Nor- certain 
 mal College of Tennessee, of the State normal school 
 and its bramches of West Virginia, and of other schools 
 in this State whose grade of work is equal in all respects, 
 in the judgment of the board, to the State normal school 
 and its branches, where graduates shall have presented 
 to the board satisfactory evidence that they have taught 
 successfully three years in the State under a number one 
 
 issued to grad 
 uates of 
 certain 
 institutions. 
 
36 SCHOOL LAW OF WEST VIRGINIA. 
 
 county certificate, two of which said three years shall 
 immediately precede the application for such certificate. 
 
 First class Teachers who shall present to the board satisfactory 
 
 mtfoVof expi " evidence that they have taught successfully four years, 
 
 second, under a second-class certificate, shall be entitled to 
 receive, without examination, a first-class certificate at 
 the expiration of the second class. 
 
 Record. The board shall keep a record of the proceedings, 
 
 showing the number, date and duration of each certifi- 
 cate, to whom granted, and for what branches of study, 
 and shall report such statistics to the State Superintend- 
 ent annually on or before the thirtieth day of Septem- 
 ber. 
 
 certiftate III. All certificates issued by such board shall be 
 
 school" any countersigned by the Superintendent of free schools; 
 
 district. an( j SU ch certificates shall supersede any and all other 
 examinations of the persons holding them, by any board 
 of examiners, and shall be equivalent to a number one 
 certificate granted by a county board of examiners, and 
 shall be valid in any school district in the State, unless 
 revoked by the State board for a good cause. 
 
 Fee. iv. Each applicant for a certificate shall pay the 
 
 board of examiners a fee of five dollars. 
 
 compensation V. The board of examiners shall each receive a com- 
 s ' pensation of five dollars per day actually and necessa- 
 rily spent in conducting the examinations, and for one 
 day to be spent in consultation and in preparing for 
 their duties, and six cents per mile for each mile neces- 
 sarily traveled in going to and returning from the place 
 of examination. This compensation shall be paid out 
 of the fees received from the teachers examined, and 
 shall in no case exceed the amount so received. 
 
 ^^"t 1 ~ eporfc Said board shall, at the end of each school year, make 
 
 to State Super- iA, . -. -n r* * 
 
 intendent. and return to the State Superintendent of Free Schools, 
 a detailed and certified account of the names of all the 
 applicants for examination, the amount of the fees re- 
 ceived, the amount paid out to the members of the board, 
 and the balance, if any, shall be paid over to the treas- 
 urer of the State, to be placed to the credit of the dis- 
 tributable school fund. 
 
 LXXXVIII, Graduates of the State Normal School and of the State Uni- 
 versity, in order to secure the second class certificate, must present to the 
 State board of examiners satisfactory eridence that they have taught suc- 
 cessfully three years under a Number 1 county certificate; two of which 
 said years must immediately precede the application for the certificate. 
 
 Teachers shall 30. Every teacher shall keep a daily register, and 
 te e r e mreg? s and tnake monthly reports to the secretary of the board of 
 education of his district. He shall also keep a term 
 register, in which shall be entered the date of the com- 
 mencement and termination of every term of the school; 
 
SCHOOL LAW OF WEST VIRGINIA. 37 
 
 the name and age of every scholar who attended the 
 school during said term; the daily attendance, distin- 
 guishing between males and females; the branches 
 taught, and the number of scholars engaged in each 
 month in the study of each branch, and such other par- 
 ticulars as are necessary to enable the secretaries of the 
 boards of education, or directors, to make the reports 
 required of them. The State Superintendent of free 
 schools shall prescribe such form and regulations, re- 
 specting the register to be kept and reports to be made 
 by the teachers, as shall seem to him necessary. 
 
 At the close of each term the register thereof shall be Penalty for 
 returned by the teacher to the office of the secretary of reVurn term 
 the board of education for the district, who shall file the re i8ter - 
 same and unless such register be properly kept and 
 returned, the teacher shall not be entitled to demand 
 payment of the balance due on his salary. 
 
 Teachers shall be paid monthly, and by orders on the Teachers to 
 sheriff or collector, signed by the secretary and president monthly-* 
 of the board, which said orders when signed as afore- 
 said and delivered to the teacher shall be deemed at once 
 dee and payable. Where any teacher has taught accord- 
 ing to his contract, for one month, the trustees for the 
 sub-district in which he has so taught, shall certify the 
 fact to the secretary of the district board, whereupon 
 he shall receive from said secretary an order upon the 
 sheriff or collector of the county, signed by the secretary 
 and president of the board of education for one month's 
 salary; but in no case shall such order be given, unless 
 the monthly report containing the facts required in the 
 preceding part of this section, to be shown in the term 
 register, be first duly made out and returned to the 
 secretary. 
 
 The school month shall consist of twenty days, exclud- school month. 
 ing Saturdays, all of which shall be devoted to teaching 
 the school contracted for. 
 
 Asa means of improving the teachers, and fitting 
 them for more effective service in the free schools of the 
 State, teacher's institutes shall be held annually through- 
 out the State, one or more in each county; they skall be 
 held at such times and places as the State Superintendent 
 shall, with the advice of the county superintendent, 
 direct, and shall continue each for one week of five days; 
 they shall be conducted by experienced and skillful 
 institute instructors, who shall be appointed by the State 
 Superintendent, but it shall be a part of the duty of the 
 county superintendent, under the instructions of the 
 State Superintendent, to make all proper arrangements 
 for the institutes, and to assist in conducting them. 
 
38 SCHOOL LAW OF WEST VIRGINIA. 
 
 instructors' The instructors whom the State Superintendent shall 
 tfJS^ eusa " employ, as herein provided, shall each receive for his 
 services not more than twenty- five dollars for each insti- 
 tute he may instruct, to be paid out of the general 
 * school fund, on a proper order of the State Superin- 
 tendent, but the aggregate amount of such compensa- 
 tion for the whole State shall not exceed one thousand 
 dollars. 
 
 Examination. At the close of the institutes, as herein provided, and 
 during the week following, the county board of exam- 
 iners shall hold one of the two examinations prescribed 
 in section twenty-eight: Provided, That no" examina- 
 tion shall be held or certificate granted until after the 
 first day of the school year in which said certificates are 
 to be used. 
 
 Graded course It shall be the duty of the State Superintendent to 
 work stlt prescribe a graded course of institute work covering a 
 period of two years, and the methods of conducting the 
 same, together with such other details connected there 
 with as he shall deem conducive to their usefulness and 
 efficiency. 
 
 Graded course It shall also be the duty of the State Superintendent 
 BionS f st S ttdy. to prescribe a graded course of professional study cov- 
 ering a period of two years, which shall embrace his- 
 tory of education, school management, methods of 
 who exempt teaching and educational psychology. Any teacher who 
 attendSSce Ute nas completed the graded course of institute work and 
 the graded course of professional study, and passed a 
 satisfactory examination thereon, and also obtained a 
 number one teacher's certificate, shall be exempt from 
 further compulsory institute attendance. 
 
 Jefusaf t r ^^ ^ eacnei> 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 f<r .sup- 
 port of 
 schools 
 
 40. For the support of the primary free schools of 
 their district and in each independent school district, and 
 to pay any existing indebtedness against the ""teachers' 
 fund," the board of education thereof shall annually, on 
 the iirst Monday in July or as soon thereafter as possi- 
 ble levy, by the authority of the people, as prescribed in 
 section two of this chapter, such a tax on the property 
 
SCHOOL LAW OF WEST VIRGINIA. 45 
 
 taxable in the district as will, with the money received 
 from the State for the support of free schools, be suffi- 
 cient to keep schools in operation at least five months in 
 the year; Provided, The said tax in any one year shall 
 not exceed the rate of fifty cents on every one hundred Limit 
 dollars valuation, according to the latest available assess- 
 ment made for State and county taxation. The proceeds 
 of this levy, together with the money received from the 
 State as aforesaid, shall constitute a special fund to be 
 called the "teachers' fund," and no part thereof shall be Teachers 
 used for any other purpose than the payment of teach- fund - 
 er's salaries; first for the current year, and any part of 
 said fund not so expended, shall be appropriated to the 
 payment of any existing indebtedness created for said 
 purpose. Upon the failure of any board of education 
 to lay such levy as is hereby required, or any other levy 
 provided for in this chapter they shall be compelled to Board may be 
 do so by the circuit court of the county by a writ of man- compelled to 
 damns, unless good cause be shown to the contrary. 
 
 But in case the levy provided for in this and the thirty- 
 eighth section of this chapter shall not be sufficient to special levy 
 pay any existing indebtedness of the district, in addition 
 to the other purpose for which it is levied, the board 
 may increase such levy to the amount actually necessary, 
 or lay a special levy for the purpose. And in no case 
 shall the appropropriation of any money to the payment 
 of any existing indebtedness, directly or indirectly, in- 
 terfere with the payment of teachers' salaries for the 
 term of five months, for which the schools are required 
 by law to be kept open in each year. 
 
 CXVI. ^ection 61 of chapter XXXII, of the Code, provides that: "On real 
 and personal property, not exempt from taxation," there shall be collected 
 ten cents on every one hundred dollars' valuation thereof, for the support 
 of free schools. See sections 60 and 61 of this Chapter. 
 
 CXVII. Under the provisions of this section, the free schools must be 
 kept in operati* >n 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- 
 <icncral. 
 
 CXVIII. A boa-d of education has no authority to close the school of a 
 district before the term of five mouths, required by Jaw, and contracted to 
 be taught by the teachors, has been finished, on account of lack of funds. 
 
 CXIX. A board of education maybe compelled bv a writ of mandamus to 
 levy >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 lnten<ieBt '~ 
 the same as that of the Governor. He shall be a person 
 of good moral character, of temperate habits, of literary 
 acquirements, and skill and experience in the art of 
 leaching, lie shall receive annually the sum of 01.^ 
 thousand Jive hundred dollars in payment for his ser\ 
 ices, to be paid monthly out of the school fund upon thn 
 warrant of the Auditor. If in the performance of any 
 duty imposed upon him by the Legislature, he shall in 
 cur any expenses, he shall be reimbursed therefor. 
 /Vo/W/W, The amount does not exceed five hundred 
 dollars in any one year. 
 
 6-i. The State Superintendent shall reside and keep m- 
 his office at the seat of government. He shall provide 
 a seal for his office, and copies of his acts and decisions, 
 and of papers kept in his office, authenticated by his 
 signature and official seal shall be evidence equally with 
 the original, lie shall sign all requisitions on the Audi- 
 tor for the payment of money out of the State treasury 
 for school purposes, except as hereinafter provided. 
 
 (JO. The State Superintendent shall be charged with 
 the supervision of all county superintendents and 
 schools of the State, and see that the school system is 
 carried into effect. He shall prepare and transmit to 
 the county superintendents instructions how to cowh 
 (.he elections prescribed in this chapter, to ! 
 tniiismit the official records :>nd 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 Mor<yantown, in the county of Monongalia 
 in this State, as the beneficiary of said appropriation for 
 the instruction of white students, and an institution to 
 be located and provided for the purpose as hereinafter 
 required and directed in the county of Kanawha, to be 
 called "The West Virginia Colored Institute," for the 
 beneficiary of said appropriation for the instruction of 
 colored students to be paid to each in the proportion 
 mentioned in the preamble to this act. And the said 
 institution by the name of "The West Virginia Colored 
 Institute," shall have and hold all the property, funds, 
 rights, powers and privileges hereinafter mentioned. 
 
 II. For the government and control of said institute Regenfcs - 
 there shall be a board of regents consisting of five 
 competent, intelligent and discreet persons, not more 
 
 than three of whom shall belong to the same political 
 party, appointed, from time to time as occasion may 
 require, by the Governor, to be called the "Regents of 
 of the West Virginia Colored Institute, " and as such 
 board they may sue and be sued, plead and be im- 
 pleaded, and have a common seal. They shall have 
 care, custody and control of the property and funds of 
 the institute, and may accept from any person or per- 
 sons, gifts of money, or property, for the use of said 
 institute, and all such money and property when so 
 received by them shall be held in trust by them for the 
 use and benefit of the institute, and applied thereto as 
 the donors may have directed, and if no such direction 
 have been given, as a majority of the regents may 
 determine. 
 
 III. The board of regents shall from time to time estab- Regemts to^ 
 lish such departments of education in literature, science, depLtments. 
 art and agriculture, not inconsistent with the terms 
 
 of the several acts of Congress hereinbefore referred to 
 as they deem expedient, and as the funds under their 
 control will warrant, and purchase such materials, im- 
 plements, and apparatus as may be requisite to the 
 proper instruction of said colored students in all said 
 branches of learning as to carry out the intent and pur- 
 poses of said acts of Congress. 
 
 IV. The said board shall establish and declare such 
 rules, regulations and by-laws, not inconsistent with the 
 laws of the United States or of this State, as they may 
 deem necessary for the proper organization, the tuition 
 of the students and the good government of the insti- 
 tute, and the protection of the property belonging 
 thereto. All reasonable expenses incurred by said re- 
 gents in the discharge of their duties hereby imposed 
 upon them shall be allowed by the Governor and paid 
 
98 SCHOOL LAW OF WEST VIRGINIA. 
 
 out of the treasury of the State, in like manner as other 
 charges on the treasury are paid. 
 
 nrer e tJrecSve ^' ^ e Treasurer of this State is hereby designated 
 grants 3 . ve as the officer to receive from the Secretary of the Treas- 
 ury of the United States the said several sims of money 
 so to be paid to this State aforesaid, for the uses and 
 purposes aforesaid. He shall keep an exact account of 
 the moneys so received, and shall place to the credit of 
 each of said benificiaries thereof, its due proportion of 
 the same. The sums so placed to the credit of the West 
 Virginia University shall be paid out by him on the or- 
 ders^ of the board of regents thereof, and the sums so 
 placed to the credit of the West Virginia Colored Insti- 
 tute, shall be paid out by him on the orders of the board 
 of regents of said institute. And said treasurer shall 
 include in his biennial report to the Governor a state- 
 ment of his receipts and disbursements un'ler the pro- 
 visions of this act. 
 
 site ana VI. It shall be the duty of the board of the school 
 
 buildings. f unc j to proceed with all reasonable dispatch to procure 
 the necessary quantity of farming land not exceeding 
 fifty acres in all in some suitable and proper locality in 
 the county of Kanawha, with a title thereto clear and 
 unquestionable, and to erect the necessary buildings and 
 make the necessary improvements thereon, for the pur- 
 poses of this act, and to comply in good faith with the 
 terms and conditions, and to carry into effect the objects 
 and purposes of the acts of Congress in making said 
 appropriations. 
 
 Ten thousand V^ And order to enable said board to perform 
 dollar* to the duties required of them by this act, the sum of ten 
 tSis at? thousand dollars is hereby appropropriated and placed 
 at their disposal, payable out of any money in the treas- 
 ury not otherwise appropriated: Provided, That said 
 board may in their discretion borrow the said sum of 
 ten thousand dollars from the "school fund" mentioned 
 in section 4 of article XII of the Constitution of this 
 State, at six per cent, interest per annum, and execute the 
 bonds of the State therefor, payable with interest as 
 aforesaid, not more than-ten years from the date thereof. 
 
 WEST VIRGINIA REFORM SCHOOL. 
 
 Reform [98c. I. An institution to be called "The West Vir- 
 
 gi n i a Reform School," is hereby established, and shall 
 hereafter be carried on in a suitable building or build- 
 ings for the purpose, to be erected by the State at such 
 locality as may be selected in accordance with this act. 
 This institution shall be under the control of a board of 
 directors hereinafter provided for. 
 
SCHOOL LAW OF WEST VIRGINIA. 99 
 
 II. The board of directors shall be composed of six 
 members, and not more than four of them' of the same 
 political party. 
 
 The Governor shall, on the tenth day of March, eighteen 
 hundred and ninety-seven, or as soon th<>reaf*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. Th<i board of directors shall make such by-laws, Rules and 
 ordinances, rules and regulations relative to the manage- regulations, 
 ment, government, instrtruction, discipline, training, 
 employment and disposition of the minors in the reform 
 school, not contrary t^ law, as they may deem proper, 
 
 and shall appoint such officers, agents and servants as 
 th$y may deem necessary to transact the business and 
 carry on the operation of said reform school, and may 
 designate their duties. 
 
 V. The bonrd of directors shall make au annual re- 
 port to the Governor of all the<r transact ; ons, of the 
 number of minors received by them into said reform 
 school, the disposition which shall be made of such 
 minors, by instructing or employing them therein or by 
 binding them out as apprentices; the receipts and ex- 
 
100 
 
 SCHOOL LAW OF WEST VIRGINIA. 
 
 penditures of said board of directors, and generally all 
 such facts and particulars as may tend to exhibit the 
 effect, whether beneficial or otherwise, of said reform 
 school. 
 
 Manner of VI. The manner of receiving inmates into the West 
 
 ' Virginia Reform School shall be in either of the follow- 
 ing modes, namely: 
 
 First. Male minors under the age of sixteen years 
 may be committed by a justice of the peace of any of 
 the counties in the State, on complaint and due proof 
 made to him by the parent, guardian or next friend of 
 such minor, that by reason of incorrigible or vicious 
 conduct, such minor has rendered his control beyond the 
 power of such parent, guardian or next friend, and 
 made it manifestly requisite that from regard for the 
 morals and future welfare of such minor and the peace 
 and order of society, he should be placed in the West 
 Virginia Reform School. 
 
 Second. Male minors under the age of sixteen years 
 may be committed by the authority aforesaid, when 
 complaint and due proof have been made that such 
 minor is a proper subject for said reform school by 
 reason of vagrancy or of incorrigible or vicious conduct, 
 and that from the moral depravity or otherwise of the 
 parent, guardian or next friend, in whose custody such 
 minor may be, such parent, guardian or next friend is 
 incapable or unwilling to exercise proper care and dis- 
 cipline over such incorrigible or vicious minor. 
 
 Third. Such male minors under the age of sixteen 
 years as their parents, guardian or next friend may 
 desire to place therein for temporary restraint and dis- 
 cipline, where parents, guardian or next friend shall 
 agree and contract with the board of directors for their 
 support and maintenance. 
 
 And fourth. Male minors committed by the several 
 courts of the State, as provided by section 7 of this 
 chapter. 
 
 VII. Whenever any male minor, under the age of six- 
 teen years, shall be convicted in any of the courts of 
 this State of a felony or of a misdemeanor, punishable 
 by imprisonment, the judge of said court in his discre- 
 tion, and with reference to the character of the reform 
 school as a place of reform and not of punishment, 
 instead of sentencing said minor to be confined in the 
 penitentiary or county jail, may order him to be re- 
 moved to and confined in the said reform school, to remain 
 until he shall have arrived at the age of twenty-one 
 years, unless sooner discharged or bound as an appren- 
 tice by the board of directors; but no such boy shall be 
 retained in said school after the superintendent shall 
 
 Male minors 
 committed. 
 
SCHOOL LAW OF WEST VIRGINIA. 101 
 
 have reported him, and he has been found by the board 
 or its executive committee, to be fully reformed. Male 
 minors under sixteen years of age, convicted in any of the 
 courts of the United States for the district of West Vir- 
 ginia, or of any offense punishable by imprisonment, may 
 also be received into said reform school upon such regu- 
 lations, and such terms as to their maintenance and sup- 
 port, as may be prescribed by the board of directors, 
 and assented to by the proper authorities of the United 
 States. And in all cases, before any minor is trans- 
 ferred to said reform school, due notice shall be given 
 to the superintendent and an answer received from him 
 that there is room in the reform school for such minor. 
 
 VIII. It shall be the duty of the justice of the peace Data to be 
 when committing a minor to said reform school under annexed to 
 the first and second clauses of section six of this chap- c 
 
 ter, in addition to the commitment, to annex to said 
 commitment the names and residences of the different 
 witnesses examined before him, and the substance of 
 the testimony criven by them respectively, on which the 
 adjudication was found. 
 
 IX. In all proceedings before justices of the peace for Gu*rdian ad 
 commitment of minors to the said reform school under liten - 
 
 the first and second clauses of section six of this chap- 
 ter, the justice shall appoint some discreet and disinter- 
 ested person guardian ad litem for such minor, whose 
 duty it shall be to represent the interest of said minor 
 and see that no injustice is done him; and the guardian 
 ad litem of said minor shall have the right to demand a 
 jury of twelve men to try the truth of the charges 
 made against said minor, and said jury shall be selected 
 and said trial shall be conducted in the same manner as 
 is provided by law for the trial of criminal cases before 
 justices by juries. And said guardian ad litem or said 
 minor shall' have the same right of appeal from any 
 final decision rendered against said minor in any such 
 proceedings, whether upon a trial by jury or otherwise, 
 as is allowed by law in other criminal cases tried before 
 justices. 
 
 X. The West Virginia Reform School shall be exclu- Male inmates 
 sively charged with the reformation and care of male OD 
 minors, but white and colored inmates shall be kept sep- 
 arate. 
 
 XL The boa^d of directors shall have power to pind Children may 
 out male children committed to their care, with the con- Jj ap- UH ' 
 sent of s^ch children, as apprentices during thfir minor- prentices, 
 ity to such person and place, whether in or out of the 
 St-ite, and to learn some proper trade and employment 
 as in the judgment of said board will be most conducive 
 to the reformation and future benefit and advantage of 
 
102 SCHOOL LAW OF WEST VIRGINIA. 
 
 such children, and the indentures by which said children 
 shall be bound, shall contain the covenants and provis- 
 ions prescribed by chapter eighty- one of the Code of 
 West Virginia, relating to master and apprentices, and 
 all the provisions of said chapter shall apply to appren- 
 tices bound under tMs section, so far as applicable, 
 commission XII. A commission consisting of the State Superin- 
 to select site. ^endent o f p ree Schools, and one number from each 
 Congressional district of the State to be appointed by 
 the Governor, shall within four months after this act 
 becomes in force as a law, selec i; su >h 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 <iin a B nd out ^ tne State fund for the fiscal year ending Septem- 
 ber 30, 1889, and five thousand dollars to be paid out of 
 the State fund for the fiscal year ending September 30, 
 1890, is hereby appropriated out of any money in the 
 treasury not otherwise appropriated to be used in pro- 
 curing said site for said Reform School, and in provid- 
 ing suitable buildings and accommodations for the same, 
 and in carrying on said Reform School when establish- 
 ed; and the reasonable expenses of the commissioners 
 herein provided for, selecting a site for the said Reform 
 School, shall be allowed and paid out of said money 
 hereby appropriated. 
 
 BO store- XIV. Every ooy sent to the reform school shall 
 
 main until of remain until he is twenty-one years of age, unless sooner 
 
 age * discharged, or bound as an apprentice by the board of 
 
 directors; but no boy shall be retained after he has been 
 
 reported by the superintendent and found by the board 
 
 or executive committee to be fully reformed. 
 
 Esca in 'X-'V- If any person shall entice or attempt to entice 
 
 boys^be away from the reform school any boy legally committed 
 returned, &c. ^ ^ e Sam65 or sna n a id or a ] 3e t any boy to escape from 
 
 said reform school, or shall harbor, conceal, or aid in 
 harboring or concealing any boy who shall have escaped 
 therefrom, such person shall be deemed guilty of a mis- 
 demeanor, and, upon conviction thereof, shall be fined 
 not less than ten nor more than one hundred dollars; 
 
SCHOOL LAWLOF WEST VIRGINIA. 103 
 
 and the superintendent or any of his assistants, or anv 
 one authorized in writing by him, or any sheriff con- 
 stable, policeman or other peace officer, shall have 
 power, and it is hereby made his duty, to arrest any boy 
 when in his power to do so, who shall have escaped from 
 said school and return him thereto. 
 
 XVI. Justices and constables and juries shall have Fees and 
 tne same lees in the proceedings for the commitment of char es - 
 boys to the reform school as are allowed by law for 
 similar services in other criminal cases, and such fees 
 shall be audited by the county court of the county, and 
 paid out of the county treasury. For transporting a 
 boy to the reform school the officer having him in charge 
 shall be allowed five cents for each mile of necessary 
 travel, either in going or returning; and said costs 'of 
 transportation in case the boy has been convicted of a 
 felony shall be paid out of the State treasury in the same 
 manner that other criminal charges are paid out of said 
 treasury; and in case the boy has been convicted of a 
 misdemeanor, or been committed by a justice, said costs 
 of transportation shall be paid out of the treasury of the 
 county, from which said boy is committed, in the same 
 manner as other criminal charges are paid out of the 
 treasuries of the counties. 
 
 PREPARATORY BRANCH OF THE W 7 EST VIRGINIA UNIVERSITY 
 AT MONTGOMERY, FAYETTE COUNTY. 
 
 Be it enacted by the Legislature of West Virginia. 
 
 1. There shall be established a school at Montgomery, Name 
 in the county of Fayette, to be called the Preparatory 
 Branch of the West Virginia University, by which 
 name it shall have and hold all the property, funds, in- 
 vestments, rights, powers and privileges granted by this 
 act, by bequest, private subscriptions, donation or 
 otherwise. 
 
 2. It being estimated that the sum of ten thousand A ro rla _ 
 dollars will be needed for the purpose of the erection of tionf p 
 suitable buildings and the purchase of a site for said 
 school, therefore the sum of five thousand dollars pay- 
 able out of the revenues of this fiscal year, one thousand 
 
 eight hundred and ninety -five, is hereby appropriated 
 out of any money in the treasury, to be expended under 
 the directions of the board of regents of said school for 
 said purpose. 
 
 For the government and control of said school there Regents, 
 shall be a board of regents consisting of the state super- 
 intendent cf free schools and the the members of the 
 board of regents of the West Virginia University. As 
 
104: 
 
 SCHOOL LAW OF WEST VIRGINIA. 
 
 Powers of 
 Regents. 
 
 Board to let 
 contract* 
 
 Prope* ty 
 rested in 
 Board. 
 
 Branches 
 taught. 
 
 Teachers. 
 
 Tuition 
 
 such they may sue and be sued, plead and be impleaded, 
 contract and be contracted with and have a common seal. 
 
 3. Said board shall have all the powers to act and 
 shall act and be controlled according to and under the 
 laws of chapter forty-five of the code of West Virginia, 
 governing the board of regents of the West Virginia 
 University, except as herein limited by this act. 
 
 4. Said board of regents shall as soon as this act takes 
 effect, let to contract and provide for the erection of 
 suitable buildings upon the site selected and furnished 
 for said school by the citizens of the town of Mont- 
 gomery, Fayette county. Said bufldings to be com- 
 pleted and said school opened not later than the first day 
 of September, one thousand eight hundred and ninety- 
 six. "Said board shall provide suitable books, furniture 
 and apparatus necessary for the successful operation of 
 said school, all of which shall be paid for as herein 
 provided. 
 
 5. That the property in all grounds, buildings and 
 improvements erected under the provisions of this act, 
 shall be vested in the board of regents of said school, to 
 be used and controlled, as in like manner, is the prop- 
 erty of the West Virginia University used and controlled 
 by its said board of regents. 
 
 6. There shall be taught in said school such branches 
 of learning as are taught in the preparatory department 
 of the West Virginia University and in the normal 
 schools of this State; but no student shall receive in 
 structions free of tuition in any of the branches herein 
 designated, except as to such as are taught free in the 
 preparatory department of the University of West Vir- 
 ginia. 
 
 7. It shall be the duty of the said board of regents to 
 employ and fix the salaries of a sufficient and competent 
 corps of teachers and other necessary officers. Said 
 teachers and officers to be paid as is provided by law 
 for the payment of teachers and officers of the West 
 Virginia University. 
 
 8. All students of this or other States desiring to 
 take other branches of study than those designated in 
 said preparatory courses or take other course of study 
 in said school shall pay such tuition as shall be herein- 
 after fixed by the faculty of said school. 
 
 9. All money arising from tuition, matriculation fees 
 or otherwise coming into the hands of the treasurer of 
 said school shall be used and applied to the payment of 
 the teachers' salaries and other liabilities of said school. 
 
SCHOOL LAW OF WEST VIRGINIA. 106 
 
 BLUEFIELD COLORED INSTITUTE. 
 
 1. There shall be established a school at Bluefield, Name. 
 county of Mercer, to be called ''Bluefield Colored Insti- 
 tute," by which name it shall have and hold all the 
 property, funds, investments, rights, powers and privi- 
 leges created by this act, by bequest, private subscrip- 
 tion, donation or otherwise. 
 
 2. It being estimated that the sum of eight thousand Appropria- 
 dollars will be needed for the purpose of the erection of tion - 
 suitable buildings, and the purchase of a site for said 
 school, therefore the sum of eight thousand dollars is 
 hereby appropriated for said purpose; five thousand 
 dollars of which sum shall be payable out of the reve- 
 nues of this fiscal year, one thousand eight hundred and 
 ninety-five, and three thousand dollars out of the reve- 
 nues of the fiscal year of one thousand eight hundred 
 
 and ninety- six, to be expended under the direction of 
 the board of regents to be appointed for said school for 
 said purpose of this act. 
 
 For the government and control of said school there Board of 
 shall be a board of regents consisting of the State Re ^ ents - 
 Superintendent of Free Schools, together with four other 
 members of said board, to be appointed by the Gov- 
 ernor, by and with the consent of the Senate, one each 
 from the several Congressional districts of this State, 
 not more than two of whom shall belong to the same 
 political party, which board shall be known as the 
 "Board of Regents of the Bluefield Colored Institute," 
 and shall be a corporation, and as such may sue and be 
 sued, plead and be tmpleaded, contract and be contracted 
 with, and have a common seal. The said regents shall 
 be appointed by the Governor and shall serve during his 
 pleasure, and their compensation shall be such a per 
 diem and actual expenses as other similar boards of the 
 State, 
 
 3. Said boards shall have all the powers to act, and Powers of 
 shall act and be controlled according to and under the 
 
 laws governing the board of regents of the normal 
 schools of this State, except as here limited by this act, 
 
 4. The said board of regents shall, as soon as this a^t provigiong for 
 takes efl'ect, let to contract and provide for a suitable BC hooi. 
 building upon the site selected for said school by the 
 
 said board of regents, said building to be completed and 
 said school opened not later than the first day of Sep- 
 tember, one thousand eight hundred and ninety-six. 
 Said board shall provide suitable books, furniture and 
 apparatus necessary for the operation of said school, all 
 of which shall be paid for as hereinafter provided. 
 
 5. That the property and all grounds and improve- 
 
106 
 
 SCHOOL LAW OF WEST VIKGINIA. 
 
 Property. 
 
 Branches to 
 "be taught. 
 
 Teachers and 
 officers. 
 
 Tuition. 
 
 Foreign stu- 
 dents. 
 
 Money 
 collected, 
 
 ments erected under the provisions of this act, shall be 
 vested in the board of regents of said school, to be used 
 and controlled in like manner as the property of the 
 normal school and branches is used and controlled by its 
 said board of regents. 
 
 6. There shall be taught in said school such branches 
 of learning as are taught in the preparatory department 
 of the West Virginia University and in the normal 
 schools of this State, but no student shall receive in- 
 struction free of tuition in any of the branches here 
 designated except as provided in section ninety- six of 
 chapter forty- five of the Code of West Virginia, and as 
 to such as are taught free in the preparatory depart- 
 ment of the University of West Virginia. 
 
 7. It shall be the duty of the said board of regents to 
 employ and fix the salaries of a sufficient and compe- 
 tent corps of teachers and other necessary officers, such 
 teachers and officers to be paid as is provided by law for 
 the payment of teachers and officers of the normal 
 schools of this State. The said salaries to be paid out 
 of any moneys in the State treasury not otherwise ap- 
 portioned. 
 
 8. All students of this State desiring to take other 
 branches of studies than those designated in said pre- 
 paratory course or taking other courses of study in 
 said school, shall pay such tuition as shall hereafter be 
 fixed by the faculty of said school. 
 
 9. All students from other states shall be reqired to 
 pay such tuition as shall be designated by the said board 
 of regents 
 
 10. All money arising from tuition, matriculation fees 
 or otherwise, coming into the hands of the treasurer of 
 said school, shall be used and applied to the payment of 
 teachers' salaries and other liabilities of said school. 
 
APPENDIX. 
 
 ORDER OF PROCEEDINGS AT THE FIRST ANNUAL MEETING OF THE 
 BOARD AFTER THEIR ELECTION. 
 
 [See Section 8. ] 
 
 1. Appoint a secreta* y. 
 
 2. Appoint on^ trustee for each sub-district. 
 
 3. Determine the number of months the schools shall be taught 
 in the district during the school year. 
 
 4. Determine the number of teachers that may be employed in 
 the sub-dist'icts, allowing at least one for each school house. 
 
 5. Fix the sala ies of teachers according to the grade of certifi- 
 cate 
 
 6. Ascertain the average salary of teachers per month. 
 
 7. Ascertain the whole number of months to be taught in the 
 district. 
 
 8. Determine the aggregate amount of money necessary to pay 
 all the teachers. 
 
 9. Ascertain the unexpended balance of the teachers' fund in the 
 hands of the sheriff, due the district from last year, after paying 
 all salaries due teachers the preceding year. 
 
 10. Ascertain any other moneys available to the teachers' fund. 
 
 11. Deduct these amounts from the aggregate amount necessary 
 to pay all the teachers. 
 
 12. Lay the district levy for teachers' fund, large enough to 
 cover this amount, making proper allowances for exonerations, 
 delinquencies and commissions. 
 
108 SCHOOL LAW OF WEST VIRGINIA. 
 
 The following examples will be convenient for reference in mak- 
 ing levies for school purposes: 
 
 Number of teachers to be employed in the district 20 
 
 Number of months to be taught during the year 
 
 Whole number of months to be taught in the district 100 
 
 Average salary of teachers $30 
 
 Amount of money to pay all teachers 13,000 
 
 Deduct amount on hand, including apportionment to the 
 
 district from general school fund, say $1, 100 
 
 Amount to be levied for teachers' fund $1,900 
 
 To find the average salaries of the teachers, fix the salaries 
 according to grade, say : 
 
 For a No. 3 certificate $25 
 
 For a No. 2 certificate $35 
 
 For a No. 1 certificate $4:5 
 
 Divide by the number of grades 3)105 
 
 Average salary of teacher per month $35 
 
 To ascertain the number of cents to be levied on every one hun- 
 dred dollars' valuation of property in the district to raise $1,900 
 by taxation, suppose the whole valuation in the district to be 
 $500,000. 
 
 RULE Drop the cents, if any, and add four ciphers to the 
 amount in dollars to be raised by the levy, and divide by the 
 amount in dollars taxable property. 
 
 Example: 500,000)19,000,000(38 cents. 
 15,000,000 
 
 4,000,000 
 4,000,000 
 
 Similar calculations should be made in relation to the Building 
 Fund. ** jj 
 
 14. Determine the method and enter it on record, for calling 
 special meetings of the board when necessary. 
 
 FORM NO. I. 
 
 FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF 
 
 EDUCATION. 
 
 OFFICE OF THE BOARD OF EDUCATION OF 
 
 DISTRICT, IN THE COUNTY OF 
 
 At a meeting of the Board of Education held on the day of 
 
 '...:, 18 .., there were present, president, and 
 
 and , members of the board. 
 
 On motion of , it is ordered that be, and he is 
 
 hereby appointed Secretary of this Board. 
 
SCHOOL LAW OF WEST VIRGINIA. 
 
 100 
 
 On motion, it is ordered that the following named persons be 
 appointed trustees in the following named sub-districts, for a term 
 of three years, and until their successors are appointed and qual- 
 ified: 
 
 Trustee for Sub-District No. 1. 
 
 Trustee for Sub-District No. 
 
 On motion of , it is ordered that the salaries of teachers 
 
 per month, for the school year, shall be as follows, according to 
 the grade of their certificate: For grade No. 1, $....; for orade 
 No. >>. *. . . . ; 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