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Gallaher's heirs and August Miar, in a northerly direction to the intersection of Washington district line with a branch of Middle Grave creek that empties into said creek at a point about fifty yards southwest of the brick residence of Ezra D. Magers, all of the above named lands being situated in the district of Clay in the county of Marshall in said state; thence northeasterly with the said branch of Middle Grave creek to the back line of Ezra D. Magers; thence with the back line of Ezra D. Magers to the back line of Joseph Roberts; thence with the said Roberts' back line to the back line of J. K. P. Barker and the Ferrell heirs; thence with the back line of J. K. P. Barker and the Ferrell heirs to the back line of the Moundsville Mining and Manufacturing company's land; thence with the boundary of the said company's land to the south line of the heirs of V. L. Cockayne, deceased, at the northeast corner of the camp grounds; thence with the said south line of Cockayne to the Ohio state line; thence south with the said state line to a point due north of the point of beginning; thence due south to the point of beginning, the latter named lands being situated in the district of Washington, in said county and state.
Board of edu
2. There shall be a board of education for said district, to consist of six commissioners, who shall be res- cation; how
: idents and freeholders thereof, but not more than two qualification of of whom shall be residents of the same ward of said commissioners;
terms of office, city. Two commissioners shall be elected biennially by etc. the qualified voters of the district, and for the term of six years, except that at the first election hereunder there shall be four elected, the two receiving the highest number of votes to serve for six years, and the remaining two for four years; and the terms of all elected commissioners shall begin on the first day of July next after their election. The present commissioners shall hold until the expiration of their terms; and the board shall by appointment at the proper time, fill the vacancy to be occasioned by the expiration of the term of one of the last mentioned commissioners on the 30th day of June, 1896.
Powers conferred on.,
3. The board of education of the independent school district of Moundsville, shall be invested with the rights and powers that appertain to boards of education of other districts under the general law, and have such additional powers as are delegated by this act.
The said board shall at the first meeting thereat in President. each year elect one of the commissioners president; and Secretary: salshall also elect a resident of said district secretary, and ary, duties.
fix his salary for the year, but at a sum not exceeding one hundred dollars.
The secretary shall perform all duties that devolve upon the secretaries of boards of education, and such other clerical duties as shall be deemed necessary by the board.
Sheriff to be. treasurer.
4. The sheriff of Marshall county shall be treasurer of all the funds for school purposes belonging to the school district of Moundsville.
Meetings of board.
5. The said board of education may hold stated meetings at such times as they may by by-law appoint; and special meetings thereof may be called by the president, or by a majority of the board, by giving one day's notice to each member of the board of the time and place of meeting.
6. The board shall annually appoint a superintendent of schools for the district and fix his salary. Said superintendent shall be an officer of the board, and in addition to the duties herein specified, he shall perform such appropriate duties with relation to the schools of the district as the board may direct. He shall be liable to removal by the board for any palpable violation of law or omission of duty; but he shall not be removed unless charges be preferred by the board and notice of a hearing with a copy of the charges be delivered to him, and an opportunity be given him to be heard in his defense.
Should the office become vacant from any cause the board shall fill the same by appointment, to continue until the expiration of the term. It shall be the duty of the district superintendent to make, from the report of the secretary and his own information, such report to the state superintendent of free schools of the character and financial condition of the schools of the district, as may be necessary to secure to the district its quota of the state fund, and to convey to said superintendent proper information regarding the character and condition of the schools of the district.
Teachers; em- 7. The board shall annually in the month of May fix ployment, salaries, etc. the salaries to be paid to the teachers of the district,
and shall, at the same meeting, employ teachers for the schools of the district, such employment to begin the following September.
A duplicate of any teacher's certificate obtained from the examining committee hereinafter provided for shall be filed with the secretary of the board, and no salary
shall be paid until such duplicate is filed. The superintendent and teachers shall be appointed or removed only by vote of not less than four members of the board.
Branches to be
8. The board may appoint two competent persons Examining to act with the district superintendent as an examining how appointed; committee. It shall be the duty of said committee to duties. examine all applicants for positions as teachers in the schools of the district.
The requirements for these examinations, and for the Requirements grading and renewing of certificates shall be the same tions, etc. as for the county examinations; except that the examining committee may issue a separate form of certiticate for primary teachers, under regulations adopted by the board. The branches of study to be examined in for the higher certificates shall be those contemplated by examined in. the county examination and such others as the board of education may prescribe; and the board may require all teachers of the district to be examined in additional branches, not more than one new branch to be added in any one year. The committee shall hold meetings for the examination of teachers at such times and places as tions; when the superintendent may appoint ; and all examinations shall be public and be participated in by at least two
Compensation members of the examining committee. The members of examining
committee. of the examining committee shall receive such compensation as the board
9. Annually, and within thirty days preceding the Enumeration first day of April, the board shall cause to be taken an of youth. enumeration of all the youths of school age living within the district, giving the classifications required by the laws of the state ; and the result thereof, after being revised by the superintendent, shall be verified by the affidavit of the person or persons employed to take the same, to the effect that they have used all means in their power to have the enumeration correct, and the result shall be recorded in the office of the secretary of the board, and communicated to the county and district superintendent. The persons employed to take the said enumeration shall receive such compensation as the board may allow.
to establish Or
10. The board of education of said school district shall Power of board have power to establish in said district a graded school
graded schools, schools in addition to those already established, in which etc. the elementary branches of education shall be taught, together with algebra, geometry, natural philosophy, chemistry, English literature, and such other branches of study, including mathematics, natural sciences, liter
ature and languages, as the board may from time to
time adopt and prescribe. Admission gra- 11. Admission to all the various departments of said tuitous; to whom, etc.
graded school or schools shall be gratuitous to all white children of the district, including wards, and apprentices of actual residents, between the ages of six and twenty-one years, and the board of education shall have the power to admit to said school or schools other pupils, not under the age of six years, upon such terms as to payment of tuition or otherwise as may be prescribed: Provided, That no pupil shall be admitted to the higher departments who fails to sustain a thorough examination in the various studies of the primary department; and, Provided further, that the board shall have power to make and enforce rules for the government and conduct of said schools, and for the exclusion of children when their attendance would be dangerous to the health or detrimental to the good morals or discipline of the schools.
Powers of board as to making rules;
12. The said board shall have power to make and en
force rules which shall govern in the examination and Pext-books, etc. Promotion of pupils; to purchase all necessary station
ery, apparatus, etc.; to prescribe what text books shall be used in said schools, and what books of reference by the teachers; to incur all reasonable expenses in making the system efficient and to pay such expenses out of the funds of the district.
13. The state superintendent of schools, in his annual portion school apportionment of the state school fund for school pur
poses, shall apportion the same to the school district of Moundsville and the rest of the county separately, according to their respective numbers of youth, as reported by the county superintendent of Marshall county to the said state superintendent.
Levy: for what made; term of school, etc.
14. It shall be the duty of the board of education annually, in the month of July, to determine, as nearly as practicable, the amount of money necessary, in addition to all other available funds, to continue the schools of the district for a period of not less than six nor more than ten months, and for all other purposes relating to the schools of the district, such as the repairing and improvement of school premises, the purchasing of sites, and the building of school houses, "and the payment of all lawful debts previously contracted." The board
shall cause the amount falling due within the year to be Extent of levy. assessed on all the taxable property of the district : Pro
vided, That not more than seventy-five cents on each one hundred dollars of the valuation thereof shall be so assessed in any one year. The levy made under the provisions of this section sball be returned to and collected by the same officers as other school levies are collected. How collected. The amounts thus collected shall be severally certified by collection. the collecting officer to the clerk of the board, and such certificates shall be entered in a journal kept for that purpose and read at the next meeting of the board after the receipt of the same. Such funds and all other revenues of this board shall be paid out only upon drafts signed by the secretary and president, and issued by or- paid out. der of the board. And the secretary shall enter the amount of such drafts, the dates and the names of persons to whom payable, in a journal to be kept by him for that purpose.
15. The collecting officer shall annually, in the settlements of month of June, make settlement with the finance committee, or with a committee appointed by the board for the purpose,
of all taxes or other funds and revenues which may
have come into his hands by virtue of his office.
16. The collecting officer shall receive for his collec- Commission of tions and disbursements a commission of not more than collector. four per centum.
17. The board of education of the independent Board a corschool district of Moundsville shall be a body corporate powers. in law, and as such may for the purposes of education purchase, hold, sell and convey real and personal property within the district; may receive any gift, grant, donation or devise ; may contract and sue and be sued, and do and perform other corporate acts. The board shall have the management of and be invested with, the title to all real and personal property held for the use of public schools within the district and shall manage and dispose of the same as in the opinion of the members will best subserve the interest of the public schools.
18. The title to all lands and all personal property Title of propwithin the said district heretofore conveyed or trans-bordested in ferred to and now held by any school commissioner or commissioners, board of education or other body or person, for school purposes, shall be and the same is hereby invested in the board of education of the independent school district of Moundsville.
General school law as to trustees not appli
19. The provisions of the general school law in re-cable.