GUT 17 1914 SUPPLEMENT TO THE REVISED SCHOOL LAW OF WEST VIRGINIA . , w^x ,rv) CONTAINING ACTS AND AMENDMENTS RELATING TO EDUCATION, ENACTED BY THE LEGISLATURE AT THE REGULAR SESSION OF 1913. Issued by THE DEPARTMENT OF SCHOOLS M. P. SHAWKEY, State Superintendent Charleston, W. Va. L A" 2- \"II3 SUPPLEMENT TO THE REVISED SCHOOL LAW OF WEST VIRGINIA Containing Acts and Amendments Eelating to Education Enacted by the Legislature at the Eegular Session of 1913. COUNTY SUPERINTENDENT FINANCIAL SECRETARY. Be it enacted by the Legislature of West Virginia: That sections forty-five, ninety-nine, one hundred and thirty-eight, one hundred and thirty-nine, one hundred and forty, one hun- dred and forty-one, one hundred and forty-two, one hundred and forty-three, one hundred and forty-six, one hundred and forty-seven, one hundred and forty-eight, one hundred and forty-nine of chapter twenty-seven, acts of one thousand nine hundred and eight, be amended and re-enacted so as to read as follows, and that section? one hundred and forty-nine-a, one hundred and forty-nine-b, one hundred and forty-nine-c, and one hundred and forty-nine-d be added thereto. Sec. 45. The board of education at their first meeting, which shall be held on the first Monday in July of each year, shall appoint a secretary who shall not be a member of the board, and who shall, before entering upon the discharge of his duties, take the oath pre- scribed by law, and shall attend all meetings of the board, and record their official proceedings in a book kept for that purpose, showing the number of each order issued, the name of the payee, the purpose for which issued, and the amount thereof which record shall be at- tested by his signature and the signature of the president of the board, and which shall at all reasonable times be open to the in- spection of any person interested therein; he shall have the care and custody of all papers belonging to the board, including evidences of title, contracts and obligations, 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 pertaining to the business of the board, and keep such accounts and prepare and certify such reports and writings, as the law may require or the board direct, all of which records, papers, contracts, documents and other property pertaining to his office shall be immediately delivered in proper condition to his successor in office. Whenever any orders are drawn on the sheriff or school treasurer the secretary shall im- mediately make up a list of said orders, showing the number of the order, name of payee and amount, which list together with said orders shall be delivered to the county financial, secretary for his signature and proper record. Said orders shall then be delivered by the county financial secretary to the persons entitled to the same. Sec. 99. All teachers shall be paid monthly by orders drawn on the school treasurer duly signed by the president and secretary and countersigned by the county financial secretary payable out of the teachers' fund. But if the secretary be a teacher the order for his salary shall be signed by the president and one other member thereof. Sec. 138. He [the sheriff] shall keep accounts with the boards of education of the various districts and independent districts of the money belonging to the teachers' fund, the building fund, or such other fund as there may be, and shall credit every receipt and charge every disbursement to the fund to which it belongs. He shall pay out no money except upon orders of the respective boards specifying the amount to be paid, the purpose for which paid and the fund to which it is to be charged, signed by the president and secretary and countersigned by the county financial secretary; or by the presi- dent and one other member, as prescribed in section ninety-nine, and countersigned by the county financial secretary. Sec. 139. He shall, on or immediately before the first day of July in each year, settle with the county financial secretary. In this settlement he shall be charged with the amount of taxes and of gen- eral school fund apportioned to the district or independent district by the county superintendent and the amount of taxes levied by the board of education upon the property of the district or inde- pendent district for the teachers' fund, for the building fund and all other school funds, and for any other money received by him during the current year on account of the free schools of such district or independent district; and he shall be credited with the amount of delinquent school tax in such district or independent district that has been duly certified by the clerk of the county court to such board of education. Sec. 140. He shall be credited in such settlements with all orders paid and produced by him, if found to be correct by the county finan- cial secretary, and he shall receive no other credits except his com- mission as hereinafter provided. If any sheriff shall pay out in any one year more money on account of the teachers' fund, the build- ing fund, or any other school 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 credits for such excess. Sec. 141. In making said settlement it shall be the duty of the sheriff to prepare and present to the county financial secretary, in duplicate, separate lists of all the credits claimed by him against each of the several school funds collected by him, showing the amount, date and number of each voucher or order, and to whom payable, to- gether with the statement of the proper debits to the several funds with which he is chargeable; which lists and statements together with the vouchers claimed as credits by the sheriff shall be examined by the county financial secretary and if found correct the said vouch- ers or orders, bonds and interest coupons credited to said sheriff shall be indorsed by the county financial secretary on the back of each with the words, "Settled by county financial secretary, , 19. . . .", and shall be cancelled with a perforation; and said statements and lists as corrected shall be signed by said sheriff and by the county financial secretary, in duplicate, one copy to be retained by the county financial secretary, and the other, together with the vouchers, or orders, and cancelled bonds and interest cou- pons shall be turned over to the sheriff who shall thereupon deliver them to the clerk of the county court, and the same shall serve as a basis of the settlement required by section seven of article twelve of the constitution, and section one hundred and forty-two of this chapter. Sec. 142. The sheriff shall also make annual settlements by dis- tricts with the county court of his county not later than the tenth day of July in each year, showing an itemized statement of all mon- ey received or disbursed for the preceeding year on account of all school funds in his hands, showing the amount, date and number of each credit voucher and to whom payable, and the balance due each district and independent district on each of said funds; which set- tlement shall be made a matter of record by the clerk of said court in a book kept for that purpose ; and the clerk shall file a copy of the settlement, as approved, with the secretary or other person keeping the financial accounts of each board of education. Sec. 143. But the settlements made by the sheriff with the coun- ty financial secretary, as provided in section one hundred and thirty- nine, when found correct and properly signed and turned over to the clerk of said court, as required by section one hundred and forty- one, may be taken and treated as the settlements required to be made and recorded by section one hundred and forty-two; provided, how- ever, that the prosecuting attorney or any taxpayer of the county may appear before said court for the purpose of making corrections in said report, and said court may hear said objections, after rea- sonable notice to the sheriff and county financial secretary and make such corrections as may be proper and when corrected said settle- ments shall be recorded; and said settlements and vouchers turned over to the clerk of said court shall be filed by said clerk by dis- tricts. Sec. 146. If any sheriff fails to make the settlement required by section one hundred and forty-two at the time required, without rea- sonable cause therefor, he shall be charged in said settlement with twelve per cent interest on all school money in his hands for the time he is in default in making the said settlement. Sec. 147. If the sheriff fails to make the said settlement at the time required it shall be the duty of the prosecuting attorney to proceed by action against him and his sureties in the circuit court to recover the fine and penalty imposed upon him by sections one hundred and forty-two and one hundred and forty-six. Sec. 148. If any county financial secretary fails to make the settlement required by section one hundred and thirty-nine of this chapter, with the sheriff, when requested by him to do so, he shall be guilty of a misdemeanor and upon conviction thereof be fined twenty dollars, the proceeds of which fine shall be placed to the cred- it of the building fund of the district. Sec. 149. And the retiring sheriff shall immediately after he shall have made his final settlement in the manner herein provided, pay and turn over to his successor in office such balance as may be shown to be due from him by said settlement. Sec. 149-a. The county superintendent of free schools in each county shall be ex-officio county financial secretary, and as such officer he shall have the power and authority and perform the duties herein set forth. Sec. 149-b. The county financial secretary shall keep the finan- cial records for all the schools within his county, said records to be kept in the form prescribed by the chief inspector under chapter thir- ty-three, acts of one thousand nine hundred and eight. He shall countersign all legal orders issued by the several boards of education within his county before said orders are payable by the sheriff or school treasurer, and shall make annual settlements with the sheriff or school treasurer for the several school funds, as provided by law; he shall at the end of each month deliver to each board of education a summarized statement showing the financial condition of their several school funds, said statement to be in the form prescribed by the chief inspector under chapter thirty-three, acts of one thousand nine hun- dred and eight. Sec. 149 -c. The county court of every county shall provide at the county seat a suitable office, to be located in the courthouse if there be sufficient room, for the county financial secretary, and shall keep the same supplied with the necessary furniture, fuel, light, rec- ord books, stationery, postage and such other things as shall be nec- essary. The county financial secretary shall receive for his services required by this act an annual compensation of seventy-five dollars, except that in counties having more than one hundred teachers em- ployed for at least six months during the year the annual compensa- tion shall be at the rate of seventy-five cents for each teacher so em- ployed, said compensation to be based on the number of teachers em- played during the preceding year and to he paid quarterly on orders issued by the county court drawn on the general county fund. Sec. 149-d. After July first, one thousand nine hundred and thir- teen no sheriff or school treasurer shall pay any order which was drawn on a school fund prior to July first, one thousand nine hun- dred and thirteen, until after said order has been countersigned by the county financial secretary. At the end of each month the sher- iff or school treasurer shall make a report to the county financial secretary showing the date, number and amount of each school bond and interest coupon paid during the month. This act shall be in effect on and after July first, one thousand nine hundred and thirteen. All general and special acts and parts of acts inconsistent with this act are hereby repealed. DURATION OF TEACHERS' CERTIFICATES. Be it enacted by the Legislature of West Virginia: That section eighty-seven of chapter forty-five of the Code be amended and re-enacted so as to read as follows: Sec. 87. First grade certificates shall be valid for a period of five years and shall be renewable as follows: 8 At the end of the first five years they shall be renewable on con- dition that the holder has taught successfully or has been engaged in public school work at least three years during the life of the certifi- cate, and on the further condition that he make a passing grade on elementary agriculture provided he has not already passed on that subject. At the end of the second or third five-year period they shall be re- newable on condition that the holder has taught or has been actively engaged in public school work three years during the five years pre- vious and on condition that the applicant, pass a satisfactory examina- tion on two of the books of the State Heading Circle Course to be des- ignated by the State Superintendent of Free Schools or has done satisfactory work for a period of nine weeks in a recognized state nor- mal school or in some other school of equal rank and standing or has done other work of equal value. (The State Superintendent of Free Schools shall determine what schools shall be recognized and the nature of the work which shall be accepted in carrying out the pro- visions of this section.) At the termination of the third renewal period the holder of such certificate shall be eligible to receive a first grade certificate good for life if he has taught at least three years of the last five and has main- tained an active interest in educational work. Second grade certificates shall be valid for a period of three years, and third grade certificates for a period of one year, and such third grade certificates shall not be issued to the same applicant more than two years in succession : provided, that not more than one certificate of the same grade shall be issued to an applicant in a school year, but applicants taking more than one examination in the same year shall receive a statement showing what percentage they made in the differ- ent branches at each examination. The state superintendent and each county superintendent shall keep a register of all certificates granted stating the character and grade of each and the date of issue thereof, and the state superintendent and each county superintendent, upon vacating his office, shall turn over said register to his successor. JOINT DISTRICT HIGH SCHOOL. Be it enacted by the Legislature of West Virginia: Section 30%. If the boards of education of two or more contig- uous districts whether in the same or another county, believe it ex- pedient and wise to establish and maintain jointly a high school in any one of said districts, the building, if one is to be erected, and 9 the site therefore, to be owned jointly in proportion to the amount contributed by the districts so uniting, the respective boards shall sub- mit the question to the voters of the respective districts, at a general or special election, in the way and manner and after the notice re- quired by section thirty of said chapter. The boards of education proposing to unite shall meet and deter- mine the location of the proposed school, the estimated amount to be contributed toward the establishment and yearly maintenance of said school by each district, the total cost thereof to be apportioned among 1 the districts uniting on the basis of their respective valuations of taxable property, which agreement shall be reduced to writing and entered of record in the minute book of the respective boards, the substance of which shall be made a part of the statement to the voters hereinbefore provided for. The control and management of said joint high school, after the same is established, is hereby vested in the boards of education of the several districts so uniting to be exercised in joint session, the coun- ty superintendent of schools to be ex-officio a member and chairman of s?id joint session, and as such entitled to vote and participate in the cqntrol and management of said high school, and there is hereby conferred upon each board of education all the authority for the es- tablishment and maintenance of said joint high school by contract, levy, issue of bonds, or otherwise, that is conferred upon a board of education for the establishment and maintenance of a high school within its district: the election to be held and the result ascertained as provided in said section thirty of chapter forty-five of the Code; and all of the provisions of said section, so far as the same are appli- cable, are made applicable to the establishment and maintenance of such joint high school, except that a majority of the voters of each district shall be sufficient to authorize the establishment of such high school. In the event that one or more of the districts uniting to es- tablish such high school shall be in different counties, the county su- perintendent of each county shall be ex-officio a member of such joint session, the chairman to be selected by such joint session and in the event of a tie vote on any question the State Superintendent of Schools shall have the deciding vote. Said boards of education, in joint session as herein provided, may provide for the teaching of elementary pupils in such high school building, if the same have sufficient capacity, upon such terms for the use of the building as they may agree upon. 10 ESTABLISHING AN AGRICULTURAL EXTENSION DEPARTMENT OF THE WEST VIRGINIA UNIVERSITY. Be it enacted by the Legislature of West Virginia: That section one hundred and seventy-two of chapter twenty-seven of the acts of the extra session of the Legislature of one thousand nine hundred and eight be and the same is hereby amended and re- enacted so as to read as follows : Sec. 172. The regents shall establish and maintain in the univer- sity,, in addition to the preparatory department, such colleges, schools, departments, divisions, chairs, and courses of study as may be expedi- ent and possible, and shall prescribe the conditions for graduation therein and confer the proper degree, and the diploma issued on graduation to any student who has taken at least six courses in the de- partment of education in said institution shall be equivalent in all respects to and shall entitle the holder thereof upon application in due form to the state superintendent to a first grade certificate in duplicate. That, in order to promote the improvement and advancement of agriculture, domestic science and rural life among the people of the several counties of the State of West Virginia, there be and is hereby created and established in the college of agriculture, at West Vir- ginia University, an agricultural extension department to be co-ordi- nate with the department of. instruction and the agricultural experi- ment station. The work of the agricultural extension department of the college of agriculture shall be conducted under such rules, regulations and methods as may be prescribed by the state board of regents and every expenditure under this act shall be approved by the state board of control, and said work shall consist of holding extension schools in the various counties of the state, at which instruction shall be given in soil fertility, horticulture, stock-raising, crop production, dairying, domestic science and kindred subjects; of conducting farmers' in- stitutes; of giving demonstrations in orcharding, soil improvement, and crop production; of furnishing speakers and exhibits for special agricultural trains; of giving instruction and demonstrations at ag- ricultural fairs, farmers' institutes, clubs, granges, or other organi- zations that may be useful in extending agricultural knowledge; of conducting, in co-operation with the United States Department of Agriculture, boys' and girls' agricultural clubs; of recommending county agricultural agents and supervising and assisting them in 11 advancing the agricultural interests of their respective counties; of giving instruction by mail in agriculture., domestic science, and kin- dred subjects; of publishing bulletins, circulars, and newspaper ar- ticles ; and of such other methods as may carry the benefits of the work of the colleges of agriculture, the agricultural experiment station and the United States Department of Agriculture to the people of the several counties of the State; and all such itinerant educational work in agriculture and home economics carried on under appropri- ations by or to this State shall be under the control and supervision of said agricultural extension department. All other acts or parts of acts in conflict with the provisions of this act are hereb}^ repealed. *.- (To take effect from its passage.) ABOLISHING THE COMMON DRINKING CUP. He it enacted by the Legislature of West Virginia: Sec. 1. That the use of the common drinking cup, an undoubted source of communication of infectious diseases, is hereby prohibited in all public places, upon all railroad trains and boats, carrying pas- sengers, in all public buildings of every description, and at public drinking springs and fountains within this state. The State Board of Health shall have full authority to establish rules and regulations to make this prohibition effective, as in their judgment may seem wise and proper. Sec. 2. All persons, flrms or corporations failing to observe the provisions of this act, or the rules and regulations of the State Board of Health made in relation thereto, shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be fined not less than ten nor more than fifty dollars for each offense. Sec. 3. All acts and parts of acts inconsistent herewith are here- by repealed. PROHIBITING THE USE OF CIGARETTES IN SCHOOL HOUSES AND ON SCHOOL GROUNDS. Be it enacted by the Legislature of West Virginia: Sec. 1. That it shall be unlawful for any person, firm or cor- poration to manufacture, or to sell, offer or expose for sale, or give away, or furnish or cause to be given away or furnished, to any per- son under the age of twenty-one years, any cigarette, or cigarette paper, or any other paper prepared to be filled with smoking tobacco for cigarette use; and it shall IDC unlawful for any person, firm or cor- poration to sell, offer, give away or furnish, or cause to be given away, or furnished to any person under the age of sixteen years any cigar, pipe or tobacco in any form. Sec. 2. That it shall be unlawful for any person under the age of twenty-one years to smoke, or to have about his person, or premises, any cigarette or cigarette paper, or any other form prepared to be filled with smoking tobacco for cigarette use. Any person violating the provisions of this section shall be punished by a fine of not exceed- ing five dollars, provided, that the court or justice trying the case may remit the penalty for violation of this section, upon the disclos- ure by the person charged with the offense of the name of the person, firm or corporation from whom he obtained any such cigarette or cigarette paper. Sec. 3. That it shall be the duty of every constable, policeman, town sergeant, sheriff or his deputy when he finds any person under the age of twenty-one years smoking a cigarette, or with a cigarette or cigarette paper in his possession to immediately inquire of such per- son where and of whom he obtained such cigarette or cigarette paper, and upon failure of any person to give such information when requested by such officer, the officer shall arrest such person and take him before a justice or other officer having jurisdiction, to be dealt with as provided in section two of this act. Upon information of such person to said officer of the violation of any of the provisions of sections one and two of this chapter, he shall immediately report such information to the prosecuting attorney of the county, who shall have the person giving such information, along with any other witnesses having any knowledge of the transaction, summoned before the grand jury at its next session for investigation. Any officer failing to perform the duties required of him by this section shall be fined not exceeding five dollars for each offense. Jus- tices of the peace and police judges are hereby given concurrent jur- isdiction with the circuit and criminal courts of this state of offenses under this chapter. Sec. 4. Every person who shall smoke or use a cigarette or cigar- ettes in any school building or any buildings or such parts thereof as may be used for school purposes, or on any lands used for school purposes, shall be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine of not less than one nor more than five dollars. 13 Sec. 5. It shall be unlawful for any person, firm or corporation to sell, or give away, or in any other manner to supply or furnish any person in this state opium in any form; but the provisions of this section shall not apply to any sale of opium by a registered pharma- cist upon the written prescription of a practicing physcian in good standing in his profession, nor to any reputable physician dispensing opium in the regular course of his practice. Sec. 6. Any person, firm or corporation violating any of the pro- visions of this act, where punishment is not otherwise provided, shall be liable to a fine of not less than ten dollars nor more than twenty- five dollars for the first oftense, and for each subsequent offense shall be liable for a fine of not lessJJian twenty-five dollars nor more than three hundred dollars, and on failure to pay the fine and costs of pros- ecution, shall be required to work the same out on the public roads. Sec. 7. All acts and parts of acts inconsistent with this act are hereby repealed. RELATING TO THE RELOCATION OF THE FAIRMONT STATE NORMAL SCHOOL. AN ACT to authorize and direct the State Board of Control to sell and dispose of the Fairmont State Normal School property, situate in the city of Fairmont, to relocate said school and appropriat- ing therefor such sum of money as is realized from the sale of said school property. WHEREAS, By the growth and development of the city of Fair- mont the state normal school located at that place is situate in the heart of the city, where real estate is valuable and the price of board- ing very high, and at times impossible for students to obtain and WHEREAS, The said school having greatly outgrown the capacity of the present building, and the grounds on which it is located being too small to render further building thereon practicable, the citizens of Fairmont have become greatly interested in relocating said school, and have secured and submitted to the State Board of Control an offer of seventy-five thousand dollars for the grounds and buildings of the said school, therefore, Be it enacted ~by the Legislature of West Virginia: Sec. 1. That the State Board of Control be and is hereby author- ized and empowered to sell the grounds and buildings of the Fairmont State Normal School, situate in the city of Fairmont in Marion County, at a price of not less than seventy-five thousand dollars, if in 14 the opinion of said board, the said school can be advantageously re- located on another site at or near Fairmont. Sec. 2. In the event of the sale, above authorized, the proceeds thereof shall be paid into the State Treasury, and the State Board of Control shall buy and cause to be conveyed to the State of West Virginia a tract of land at or near the City of Fairmont of sufficient size to meet the immediate and future needs of the school, and espe- cially affording land suitable for the teaching of agriculture. Sec. 3. There is hereby appropriated for the purpose of relocat- ing and rebuilding the Fairmont State Normal School, in event of the sale authorized by this act, the sum of thirty-seven thousand five hundred dollars, payable out of the revenues of the year one thou- sand nine hundred and thirteen, and thirty-seven thousand five hun- dred dollars, payable out of the revenues of the year one thousand nine hundred arid fourteen, which sum shall be expended by the State Board of Control in the manner provided by chapter fifty-eight of the acts of one thousand nine hundred and nine, for the purpose of re- locating and rebuilding the Fairmont State Normal School, and for no other purpose. WEST VIRGINIA INDUSTRIAL SCHOOL FOR BOYS. Be it enacted by the Legislature of West Virginia: That sections 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 2,50, 251 and 252 of chapter twenty-seven of the acts of one thousand nine hundred and eight, extra session, set forth in serial sections from 1799 to 1806 a-9, both inclusive, of the one thousand nine hundred and nine supplement to the code, relating to the West Virginia Eef orm School, be and the same are hereby revised, amended, re-enacted and said sections re-numbered so as to read as fol- lows: Sec. 1. "The West Virginia "Reform School," established by chap- ter three of the acts of one thousand eight hundred and eighty-nine, ^hall hereafter be know and designated as the "West Virginia In- dustrial School for Boys," and shall be conducted in the buildings heretofore and hereafter erected for that purpose at Pruntytown, in Taylor County. This school shall be exclusively charged with the care and training of male youth of the state, but white and colored shall be kept separate. It shall be managed, controlled and governed by the 15 state board of control, as provided in chapter fifty-eight of the acts of one thousand nine hundred and nine. Sec. 2. Any male youth under the age of eighteen, and not under the age of ten years, may be committed to and received into the West Virginia industrial school for boys for the reason and in the manner following : First : By a justice of the peace of the county in which he resides, on complaint under oath and due proof made to him by the parent, guardian or other person having the custody and control of such youth, that by reason of incorrigible or vicious conduct such youth has rendered his control beyond the power of the parent, or guardian or such other person, and madej.t manifestly requisite that, from re- gard for the morals and future welfare of such youth and the peace and order of society, he shall be placed in said school. Second: By the same authority, upon complaint under oath, and due proof before the justice that such youth is a vagrant, incorrigible or vicious in disposition and conduct, and that his parents, guardian, or other person having custody of or authority to control him, are depraved or otherwise unfit, unwilling or unable to exercise care or discipline over such youth. Third : By the several courts of this state, as provided in the next section. Sec. 3. Whenever any male youth under the age of eighteen years, shall be convicted in any of the courts of this state of felony or a mis- demeanor, punishable by imprisonment, the judge of said court in his discretion, and with reference to the character of the industrial school as a place of correction and not of punishment, instead of sentencing said youth to be confined in the penitentiary or county jail, may order him to be removed to and confined in the said industrial school, to re- main until he shall have arrived at the age of twenty-one years, unless sooner discharged by the state board of control. Male youth under eighteen years of age, convicted in any of the courts of the United State for the districts of West Virginia, of any offense punishable by imprisonment, may also be received into said industrial school upon such regulations and such terms as to their maintenance and support as may be prescribed by the state board of control, and assented to by the proper authorities of the United States. Sec. 4. It shall be the duty of the justice of the peace when com- mitting a youth to the industrial school under the first and second clauses of section two of this chapter, in addition to the commitment, to annex to said commitment the names and residences of the different 16 witnesses examined before him, and the substance of the testimony given by them respectively, on which the adjudication was found, to- gether with full answers to such interrogatories respecting the history of the case and the mental and physical health of the youth., as shall be prescribed by the board of control, and furnished in printed form, on application, by the superintendent of the industrial school. Sec. 5. In all proceedings before justices of the peace for com- mitment of youth to the industrial school under the first and second clauses of section two of this chapter, the justice shall appoint some discreet and disinterested person guardian ad litem for such youth, whose duty it shall be to represent the interest of the youth and see that no injustice is done him ; and the guardian ad litem or the youth shall have the right to demand a jury of twelve men to try the truth of the charges made against the youth, and the jury shall be selected, and the trial shall be conducted in the same manner as is provided by law for the trial of criminal cases before justices by juries. And the guardian ad litem or the youth shall have the same right of appeal from any final decision rendered against the youth in any such pro- ceedings, whether upon 'a trial by jury or otherwise, as is allowed by law in other criminal cases tried before justices. Sec. 6. Justices, constables, and jurors shall receive the same fees in a proceeding for committing a youth to the industrial school as are allowed by law for similar services in misdemeanor cases, and such fees shall be paid in like manner as fees of such officers and persons are paid in misdemeanor cases. Sec. 7. As soon as is practicable after a youth, on any account, is committted to the industrial school, the papers in the case shall be mailed to the superintendent, and such youth shall remain in the cus- tody of the court pronouncing such commitment, until he be deliver- ed to an officer of the industrial school, who shall be sent without de- lay, and duly authorized by the superintendent, to conduct such youth by the most direct and convenient route, to the said school; but no youth committed to the industrial school shall be lodged in any jail or lockup, if he be under the age of twelve years. The superinten- dent shall, in so far as is consistent with the safe conveyance of youth to the school, cause as many youth from the same or several counties to be conducted to the school at the same time. The expense incurred in conducting a youth to the industrial school, including transporta- tion and other necessary traveling expenses of the youth and of his conductor, shall be paid by the county court out of the treasury of the county from which the youth was committed to the school and a 17 written statement of such necessary expenditures, fully itemized and sworn to by the officer making such expenditures, and attested by the superintendent of the school, when presented to any county court, shall be a bill against such court, to be paid to the industrial school, and credited to that fund of the school from which the original expen- diture was made ; but when two or more youths shall be so conducted from more than one county, the necessary expenditure on the per- sonal account of the conductor shall be apportioned among the coun- ties concerned in due proportion to the mileage traveled by the youth from the respective counties. Sec. 8. If any person shall entice or attempt to entice away from the industrial school any youth legally committed to the same ; or shall aid or abet any youth to escape from the industrial school; or shall harbor, conceal, or aid or abet in harboring or concealing, any youth who shall have escaped therefrom ; or shall, without the permis- sion of the superintendent, give or sell, or aid or abet any other person to give or sell, to any youth in the industrial school, whether on the premises of such institution or otherwise, any money, firearms, intox- icating drinks, tobacco, cigarettes, or other articles whatsoever; or shall in any way cause or influence, or attempt to cause or influence or aid or abet therein, any youth in the industrial school to violate any rule of the institution or to rebel against the government of said school in any particular; or shall receive by the hands of any such youth anything of value > whether belonging to the state or otherwise ; such person shall be deemed guilty of a misdemeanor, and, upon con- viction thereof shall be fined not less than ten, nor more than one hundred dollars, or be confined not more than twelve months in the county jail, or both fined and imprisoned as aforesaid, as the court may deem proper. And the superintendent, or any of his assistants or any one author- ized in writing by him, or any sheriff, constable, policeman, or other peace officer, shall have power, and it is hereby made his duty to arrest any youth, when in his power to do so, who shall have escaped from said school, and return him thereto. Sec. 9. In any case where a youth is committed to the industrial school for an offense punishable by confinement in the penitentiary, and it is found by the state board of control that the industrial school is unable to benefit such youth, and that his presence is a detriment or menace to other youth in the institution, or to the general good of the school, he may be securely returned to the court which sent him, and said court shall thereupon pass such sentence upon him as 18 to confinement in the penitentiary as may be proper in the premises, or as it should have done had it not sentenced him to the industrial school. And the governor shall have power, when in the judgment of the warden of the penitentiary and the superintendent of the indus- trial school it is advisable, to remit the penalty of any offender under the age of eighteen years, confined in the penitentiary, to a commit- ment to the industrial school. Sec. 10. The county court of every county shall pay into the state treasury the sum of fifty dollars a year on account of each youth from the county who shall be received in said school of the first, second or third classes mentioned in section two. But in all cases of youth re- ceived in said school of the first class mentioned in section two, the parent, if of sufficient means, and the guardian where the youth has sufficient estate, shall annually reimburse the county the amount paid into the state treasury, by virtue of this section, on account of such youth mentioned in the first class of section two, and the county court of such county shall have a right to recover the same of such parent or guardian in any court of competent jurisdiction. Sec. 11. The superintendent of said school shall before the tenth day of January in each year, make out and certify to the auditor and the state board of control each a list by counties of all such youth as are mentioned in the preceding section, who are kept in the school during the preceding year or any part of it, showing as to each youth what part of the year he was so kept in the school, and to which class he belonged. On receiving such list the auditor shall charge to each county fifty dollars on account of each youth who was kept in such school during the preceding year, and a proportionate amount on ac- count of each youth kept in school for any part of such year less than the whole. Any money in the treasury of the state to the credit of any such county from whatever source arising, and not appropriated to pay any other debt of the county to the state, shall be applied, so far as nec- essary, to the payment of the sums so charged; if any sum in the treasury due the county shall not be sufficient to pay the whole amount so charged against it, such sum shall be applied as a credit on the amount charged, and the balance shall remain a charge against the county. Sec. 12. Within ten days after receiving such list the auditor shall certify to the county court of such county a list of the youth from the county in such school, stating the class to which each belongs, the length of the term during the year he was in such school, as shown by 19 '..:.:..::' .' the list certified by the superintendent, and the amount due from the county on his account and the total amount due on account of all. He shall credit on such statement whatever amount has been applied as a payment thereon from any funds of the county in the treasury. Such statement shall be a receipt to the county for any amount so credited, and shall be a bill for any amount still appearing to be due from the county. Unless the bill shall have been paid by the appli- cation of funds of the county in the state treasury, the county court shall at its next levy term provide for the payment of the same, or such part as may not have been paid, and cause the amount to be paid into the state treasury. If the amount so due from any county be not paid in a reasonable time after such levy term, the aruditor may, in the name of the state, apply to the circuit court of the county for a mandamus to require the county court to provide for and to pay the same, or he may proceed in the name' of the state by any other appropriate remedy to recover the same. Sec. 13. The state board of control shall have authority, under such rules and regulations as they may prescribe, to grant, on rec- ommendation of the superintendent, a parole to any inmate of the industrial school; but while said inmate is on such parole, and until he is discharged according to law, he shall remain in legal custody of the board of control, and subject at any time to be returned to the industrial school, if in the judgment of the board the interests of such paroled inmate will best be served thereby. The written order of said board, certified by the superintendent, shall be sufficient warrant for any officer named therein to arrest and return to the school said parol- ed inmate, and it is hereby made the duty of any peace officer, or other person, so named, to make such arrest and return such youth to the industrial school. All actual expenses incurred in returning to the school paroled inmates shall be paid out of funds appropriated for the maintenance of the industrial school. Sec. 14. That all acts and parts of acts inconsistent with this act are hereby repealed. Gaylord Bros. Makers Syracuse, N. V. PAT. JAN, 21, 1908 YC 57288 4- IFORNIA LIBRARY