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gard to trustees shall not be applicable to the independent school district of Moundsville.

First election:

20. The first election held under this act for the when held, etc.

election of commissioners shall be held on the second Thursday of March, 1895, and subsequent elections biennially thereafter; at such election the officers appointed by the city of Moundsville to conduct the city election for members of the board of education, in the same manner, and under the same laws and rules as the city election is held, and shall make separate tally sheets for such commissioners and certify the result to the secretary of the board of education within three days after the holding of any such election; and the board shall meet within five days after any such election or as soon thereafter as practicable and declare the result thereof, which result they shall cause to be entered upon the journal, and notice thereof in writing to be at once given to each newly elected commissioner. The board may arrange with the officials of said city with reference to a proper proportion of the expenses of such election,

and provide for the payment thereof. Newly elected 21. It shall be the duty of every newly elected memmembers to qualify; when.

ber, when notified of his election, to appear at a time and place designated in such notice, within thirty day's from the date of his election, and take and subscribe the following oath or affirmation: “I,

do solemnly swear (or atlirm) that I will support the constitution of the United States and the constitution of West Virginia, and that I will faithfully and impartially perform the duties of school commissioner of the independent school district of the city of Moundsville during the term for which I was elected, to the best of my ability, according to law; so help me God.”

Secretary authorized to ad

22. The secretary of said board is authorized to minister oath administer such oath to appointed or elected members,

and directed to note the taking thereof in his journal, and file the same in his office.

of office, etc.

Vacancies: how filled.

23. Any vacancy which may occur in the office of school commissioner, by death, resignation, refusal to serve, removal from the district, or into a ward where there are already two school commissioners, or otherwise, shall be filled by the board of education as soon thereafter as practicable at a regular meeting, by the appointment of some person who shall hold the office until the next election, when a commissioner shall be elected for the unexpired term,

to

24. At all elections for school purposes under this hotentitled act, all persons of the proper age, and otherwise qualified according to law, shall be allowed to vote; and may hold office and perform any duty required by this act.

25. All acts and parts of acts inconsistent with this Acts repealed. act are hereby repealed.

WILLIAM SEYMOUR EDWARDS,

Speaker of the blouse of Delegates

WM. G. WORLEY,

President of the Senate.

STATE OF WEST VIRGINIA,
OFFICE OF SECRETARY OF STATE,

February 21, 1895.
I certify that the foregoing act, having been present-
ed to the governor for his approval, and not having
been returned by him to the house of the legislature in
which it originated within the time prescribed by the
Constitution of this State, has become a law without his
approval.

W. E. CHILTON,

Secretary of State.

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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. 68.)

CHAPTER 55.

AN ACT to amend and re-enact chapter seventy-seven

of the acts of one thousand eight hundred and sixtyeight, as amended and re-enacted by chapter one hundred and forty of the acts of one thousand eight hundred and sixty-nine, as amended and re-enacted by chapter fifty-nine of the acts of one thousand eight hundred and seventy-two, and amended and re-enacted

by chapter seventy-nine of the acts of one thousand eight hundred and eighty-three.

[Passed February 12, 1993. ]

Be it enacted by the Legislature of West Virginia :

Independent school district of Weston; boundaries.

1. The town of Weston and parts of school districts contained within the following boundaries, shall constitute one independent school district, to be known as the school district of Weston, te wit: Beginning at the mouth of Panther run ; thence, up said run, with the meanders of the same, to its head; thence, in a line to Stone Coal creek, east of the dwelling of Mrs. Marcelia McVaney, to the railroad bridge across Stone Coal creek; thence, in a line, to the highest point on top of ridge on the land owned by M. W. Harrison and the late Thomas A. Edwards, so as to include the dwelling house of Mrs. Catharine McGary; thence, around with top of said ridge back of Macpelah cemetery, to a point on said ridge on the land owned by W. W. Brannon and N. B. Newlon ; thence, in a straight line, in a southerly direction, crossing the West Fork river opposite the east end of the old fair ground, to the top of the ridge between said river and Polk creek; thence, in a straight line, to the low gap between Gee Lick and said Polk creek, where the county road crosses said gap ; thence, in a straight line, to low gap in the ridge between Polk creek and Murphy's creek, near the dwelling house on the farm owned by the late E. M. Tunstill, so as to include the dwelling house on the farm owned by Charles O'Hara, known as the David S. Peterson dwelling house, and the said Tunstill farm house; thence, down the ridge, between Calf run and Murphy's creek, to place of beginning, so as to exclude the dwelling house of Thomas Cox.

Commissioners; when

2. There shall be elected by the voters of the said elected; terms district, at an election to be held at the court house in

Weston, on Tuesday after the first Monday in November, one thousand eight hundred and ninety-six, three commissioners, and every two years thereafter one commissioner, whose term of office shall commence the first day of July following their election and continue six years and until their successors are elected and qualified; except that one of the commissioners elected in the year

one thousand eight hundred and ninety-six shall serve Board of edu- only four years and one other only two years; the balcation; corpor- lot designating the term of service of each member.

The said commissioners shall constitute a board of

ate name,

education to be denominated Board of Education of Weston District."

Election: how

3., The election for school commissioners shall be conducted by three competent persons appointed by the board conducted, cerof education for that purpose, who shall have all the pow-sult declared. ers usually possessed by commissioners of any election. The commissioners of said election shall certify the result to the board of education of the district, and the said board shall issue a certificate of election to the

person securing the greatest number of votes, within five days after said election, and when more than one person have received the highest number of votes, the board shall have the casting vote for one of said persons, and shall have power to settle all contests in the election of said commissioner's. All necessary expenses for con

Expenses of ducting said election shall be paid out of the building election. fund of the district.

how filled.

President of

4. Any vacancy

that may occur in the office of school Vacancies; commissioner 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, or as soon as circumstances will permit, by the appointment of a suitable person, who shall hold his office till the next election of school commissioners, when a commissioner shall be elected for the unexpired term.

5. The board of education shall elect annually at board. their first meeting on the first Monday in July, or as soon thereafter as may be practicable, one of their members to act as president of said board, who shall perform all the duties which are required to be performed by such officer of any board of education, which may not be inconsistent with the provisions of this act. The board shall elect, at the same time, a secretary, who

Secretary; hi shall perform such duties for said board as are required of secretaries of other boards of education. The president shall have one vote as commissioner, and shall not vote upon any question arising in the board by reason of being such officer.

duties.

6. The commissioners of the board of education Compensation shall receive as compensation, twelve dollars per an- secretary. num; and the secretary shall receive twenty-five dollars per annum; to be paid out of the building 'fund of the district.

7. The board of education of Weston district shall Powers conbe invested with the same rights, exercise the same board.

ferred on

powers, perform the same duties, and be governed by the same laws, that boards of education of other school districts are, except so far as they are exempted by the provisions of this act. It shall be a body corporate in law, and as such may sue and be sued, plead and be impleaded, contract, purchase, hold and grant estates, personal and real, and make ordinances, by-laws and regulations, consistent with the laws of this state, for the government of all persons under its authority and for the orderly conducting of its affairs.

Powers of board as to government of

8. The board of education shall have exclusive con

trol of all schools within the district ; shall have power the schools, etc. to make all necessary rules and regulations for the gov

ernment of schools of the district, for the admission of pupils therein, for the exclusion of pupils whose attendance would be dangerous to the health or detrimental to the morals or discipline of the school. They may prescribe a uniform list of text-books for the use of the schools in the district, and may furnish books and stationery for the use of indigent children in attendance at the schools. They may furnish all necessary apparatus and books for the use of the schools, and incur all other expenses necessary to make the system efficient for the purpose for which it was established, and pay the same from the building fund of the district.

9. The board of education shall have power to establish within the district such schools, including a high school by such name as may be prescribed by said board, as may in their judgment be best for the interests of the district.

The branches to be taught in the high school and other schools within the district shall be such as are prescribed by the board of education. The schools of

the district shall be subject to such grading as the board Grading.

may direct.

Schools; high school.

Branches to be taught.

Admission of pupils.

10. Admission to the schools of the district shall be gratuitous to all children, wards and apprentices, or actual residents within the district, between the ages of six and twenty-one years. Non-residents of the district may be allowed to attend the schools of the district upon such terms as the board of education may prescribe.

Schools for colored children.

11. The board of education shall establish within the district one or more schools for colored children, when the whole number by enumeration exceeds fifteen, so as to afford them, as far as practicable, the advantages and privileges of a free school education. All such schools

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