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the city of Charleston, the territory heretofore embraced within the corporate limits of Elk City, and to increase the number of commissioners comprising the board of education of said independent school district.

[Passed February 22, 1895.]

Be it enacted by the Legislature of West Virginia: Acts 1881, That sections one and two of chapter fifty-three of chapter 52, sec tious 1 and 2, the acts of 1881, passed February 28, 1881, be and the

same are hereby amended and re-enacted so as to read as follows:

amended.

Control of free schools in the

in

.

nine commissioners.

Proviso as to

section to vote

1. That the entire control of all the free schools city of Charles within the corporate limits of the city of Charleston, as board of edu- established by the act of the legislature passed on the

thirteenth day of February, one thousand eight hundred and ninety-five, entitled, “An act to amend and reenact the charter of the city of Charleston, and to change the corporate limits of said city, so as to in

clude Elk City and other additional territory,” shall be Board to con- and remain with the independent board of education

herein provided for, to consist of nine commissioners to be elected as provided in the next succeeding section:

Provided, however, That before this amended section submitting this

shall take effect, it shall be submitted to the voters of of the people: the school district of Charleston from which the added election held," territory is so to be taken, at a special election to be held

in said district, under the direction of the board of education thereof, on the eighth day of March, one thousand eight hundred and ninety-five.

The tickets shall have written or printed on them “For section No. 1,” or “Against section No. 1.” The said election shall be held and conducted and the result thereof ascertained by the same officers charged with

those duties at the last preceding school election in said Majority of district; and if a majority of the votes cast upon that votes required

question shall be in favor of said section one, then the provisions thereof shall be in full force, otherwise said section one shall not be in force.

Ballots

a

General election; when to be held; for what.

2. On the third Tuesday of May, one thousand eight hundred and ninety-five, there shall be elected by the qualified voters of the independent school district of the city of Charleston, six commissioners, who, together with the three commissioners now in office, whose term

;

liabilities, etc.

Terms of office;

of office will expire on the first day of July, one thousand eight hundred and ninety-seven, shall constitute the independent board of education for the said independ- Board of eduent school district, and shall have all the powers, duties catistiiu keho to and liabilities that belong to a district board of educa- powers, duties, tion under the general school law of the state, except as qualified herein, or by other acts concerning said independent board or district. Said commissioners shall be elected and qualified in all respects as the district boards of education are elected and qualified. The term of office of said commissioners so to be elected when to begin shall commence on the first day of July, one thousand and ex pire, etc. eight hundred and ninety-five. Said commissioners at their first meeting on or after the first day of July, one thousand eight hundred and ninety-five, shall designate by lot or otherwise, such manner as they may determine, three of the newly elected commissioners who shall hold their office for the term of four years, and three of the newly elected commissioners who shall hold their office for the term of six years; so that three commissioners shall be elected on the third Tuesday of May, Subsequent every two years after the said election in May, one elections. thousand eight hundred and ninety-tive.

Said commissioners shall biennially elect one of their President: number president.

elected

(Approved February 22, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect from its passage, twothirds of the members elected to each house, by a vote taken by yeas and nays, having so directed.)

(House Bill No. 291.)

CHAPTER 52.

AN ACT to repeal sections one, two, three and four of

chapter thirty-seven of the acts of one thousand eight hundred and sixty-nine, creating an independent school district within the town of Brandonville.

[Passed February 21, 1895.]

Acts of 1869,

Be it enacted by the Legislature of West Virginia:

1. That sections one, two, three and four of chapter filoapter 33 second thirty-seven of the Acts of one thousand eight hundred

and sixty-nine, be and the same are hereby repealed.

1, 2, 4, repealed.

(Approved February 21, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 31.)

CHAPTER 53.

. AN ACT to amend and re-enact sections two, three and

twelve of chapter one hundred and seventy of the acts of one thousand eight hundred and eighty-two of the legislature of West Virginia, relating to the school district of Parkersburg.

[Passed February 18, 1895. ]

Be it enacted by the Legislature of West Virginia :

Chapter 170,

That sections two, three and twelve of chapter one acts 1882, sec- hundred and seventy of the acts of one thousand eight

hundred and eighty-two of the legislature of West Virginia, be amended and re-enacted so as to read as follows :

tions , 3
12, amended.

Commis

.

How election conducted.

2. There shall be elected by the voters of said dissioners when trict, at the general election for county officers, to be

held on the Tuesday after the first Monday of November, one thousand eight hundred and ninety-six, and every four

years thereafter, and in the manner prescribed by the general school law for the election of school ofTerm of office; ficers, two commissioners, whose terms of office shall when to begin commence on the first duy of January next following

their election, and continuing four years, and until their successors are elected and qualified ; and at the election

to be held on the Tuesday after the first Monday of No board; when vember, one thousand eight hundred and ninety-eight elected, etc.

there shall be elected a president of the board of educa

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President of

;

Term of office.

tion and two commissioners, whose term of office shall commence on the first day of January next following their election and continue for four years and until their successors are elected and qualified. The said president and commissioners shall constitute a board of education cation; who to for the district, to be denominated “board of education of Parkersburg district.” They shall receive no com- to receive no pensation for their services.

compensation.

Board of edu

constitute.

To

minister; copy

3. Before entering upon their duties as officers, the Oath of office. said president and each of said commissioners shall be required to qualify by taking and subscribing to the following oath of office: “I, A B-, do solemnly

swear (or affirm) that I will faithfully perform the duties of president of the board of education or school commissioner of the school district of Parkersburg during the term for which I was elected, to the best of my ability, according to law; so help me God.”

The secretary of the board of education is authorized Who may adto administer said oath, a copy of which shall be kept to be filed. by him upon the files of his office. Any vacancy which Vacancies; may occur in the office of president or of school com- how filled. missioner by death, resignation, refusal to serve, or otherwise, shall be filled by the board of education of the district at their first regular meeting thereafter, by the appointment of a suitable person, who shall hold his office until the next election for school commissioners, when the vacancies shall be filled by an election for the unexpired term. 12. In addition to the levy named in the preceding Additional

levy; how laid, section, the board of education shall, for the support of etc. the schools in the district, annually levy such tax on the taxable property in the district, as will, with the money received from the state for the support of free schools, be sufficient to keep said schools in operation for not less than nine months in the year ; Provided, That said tax Limit of levy.

. shall not, in any year, exceed the rate of fifty cents on every one hundred dollars' valuation, according to the latest available assessments made for state and county taxation. The proceeds of this levy, together with the money received from the State as aforesaid, shall consti

expended. tute a special fund, to be called "the teachers' fund," and no part thereof shall be used for any other purpose than the payment of teachers' salaries and the salary of the city superintendent and the establishment and maintenance of the public school library provided for in this library. section. The board of education shall have power to establish and maintain a public school library, and the library so established and maintained shall be known as

For what to be

Public school

Mandamus to

the “Parkersburg public school library," and shall be

for the use of the public schools of Parkersburg district How governed and the inhabitants thereof, and shall be governed by

such rules and regulations as the board of education may prescribe.

Upon failure of the board of education to lay the compel board levies required by this act, or any of them, they shall be to lay levy.

compelled to do so by the circuit court by writ of mandamus.

All acts or parts of acts inconsistent with this act are hereby repealed.

Acts repealed

(Approved February 22, 1895.)

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.]

(House Bill No. 16 )

CHAPTER 54.

AN ACT to amend and re-enact chapter eighty of the

acts of the legislature of one thousand eight hundred and sixty-seven, entitled “An Act to provide free schools for the town of Moundsville."

[Passed February 11, 1895.]

Be it enacted by the Legislature of West Virginia:

City of

1. The city of Moundsville (formerly the town of Moundsville to Moundsville) and all parts of school districts connected school district. therewith, shall constitute one school district to be call

ed the independent school district of Moundsville, the

same to be bounded as follows: Commencing at a point Boundary.

at the intersection of the west line of the property of John Higgins (formerly the home farm of E. Lindsey, deceased) with the south line of the right of way of the Ohio River railroad company; thence southwardly with the Higgins line to the land of Samuel Riggs; thence with the south boundary lines of the lands of John Higgins, Jane Lockwood and John McWhorter; thence with the east boundary lines of the lands of John McWhorter, W. L. Conner, Theresa Criswell, J. W.

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