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shall be under the management of the board, and shall be subject to like general regulations as the other schools of the district. When for any two consecutive months the average daily attendance in said school shall have fallen below thirty-five per cent. of the enumeration of colored children in the district, the board may close the school for the remainder of the session for that year.

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12. Annually, on the first Monday in July, or as District supersoon thereafter as circumstances will allow, the board of pointment: education shall appoint a superintendent of schools for Sa'ary; duties. Weston district and fix the salary; said superintendent, in addition to the duties specified in this act, shall perform such other appropriate duties with relation to the schools of the district as the board may prescribe. It shall be the duty of the superintendent to make such To make rereport to the board of education of the character and port to county

superintendcondition of the schools of the district as shall enable ent. the secretary to make his required report to the county superintendent.

of teachers:

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13. The superintendent of schools for Weston dis- Examination trict shall act as examiner for the district; and it shall

qualification of be his duty to examine all applicants for positions as applicants; teachers in the district; but no applicant shall be enti- tificates, etc. tled to examination who shall not furnish satisfactory evidence of good moral character. The superintendent shall deliver to the board of education the manuscripts of each applicant, with the grading thereon; and. The board, after a thorough examination of said grading, shall instruct the secretary to issue certificates of qualification to said applicants, numbering from one to three, according to the merits of the applicants, the different grades of certificates corresponding to the standard as required by the general school law. No certificate shall be granted for a longer term than one year, but a number one certificate may be renewed by the board on the recommendation of the superintendent. Examinations shall be held not later than the last Monday in July, at such time and place as the superintendent may appoint. The subjects for examination shall be prescribed by the superintendent, with the consent of the board. All ap- Fer for examplicants for examination shall pay a fee of one dollar. iuation. The superintendent may receive such compensation for Superintendo holding examinations as the board may allow out of fees sation as exreceived for examining teachers; the remainder of such fees, if any, shall be paid into the building fund of the district.

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removal.

Aprointment for public schools of any grade within the district,

and fix their salaries, at a meeting held not later than be in writing; the first Monday of August of any year; but no person

shall be employed to teach in any public school of the district who shall not first have obtained a certificate of qualification to teach a school of the grade for which the appointment is made, or who does not hold a state certificate.

Teachers shall be subject in all respects to the rules and regulations of the board of education. All appointments of superintendent and teachers shall be in writing, and they may be removed by the board of education for incompetency, profanity, cruelty or immorality.

Annual levy; collection of.

Minimum school term.

15. It shall be the duty of the board of education, Sherillis.com- at their annual meeting on the first Monday in July, or collecting at some subsequent meeting not later than the first Non

day in August next following, to ascertain as nearly as possible the amount of money, in addition to all the available funds, which ought to be expended for school purposes in said district for the succeeding year in order to keep the schools of said district in session at least eight months in the year ; for which amount the board shall levy a tax upon the property included in the district and the residents thereof, and the same shall be collected in the same manner as other school taxes are collected under the provisions of the general school law of the state. And the sheriff shall receive for the collection thereof, such commission as is allowed by law for the collection of other school money. And a lien is hereby declared to exist on the real estate of the inhabitants of said school district for the taxes levied thereon.

Lien for school tax.

Maximum rate of levy.

16. The taxes to be raised as aforesaid for both teachers' and building fund in said school district, shall not exceed the rate of sixty-tive cents on every one hundred dollars' valuation, according to the last assessment made for state and county taxation.

Commissioners now in office to serve until when.

17. Until the commissioners elected in one thousand eight hundred and ninety-six shall be qualified, the board of education now in office shall be governed by the provisions of this act, and shall exercise the powers herein conferred upon the board of education.

18. All provisions of the general school law of the state, and all laws and acts heretofore existing, which are in any manner inconsistent with the provisions of this act, shall be void within the district; otherwise the

Provisions of general school law, etc., to govern; when.

said general school law shall remain in full force and effect in this district, as elsewhere in the state.

WILLIAM SEYMOUR EDWARDS,

Speaker of the House 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 presented 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.

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

(Senate Bill No. 143.)

CHAPTER 56.

AN ACT to amend section two of chapter one of the acts of one thousand eight hundred and eighty-nine, and section two of chapter seventy-four of the acts of one thousand eight hundred and ninety-one, in relation to elections for school commissioners for the city of Huntington.

[Passed February 21, 1895.]

Be it enacted by the Legislature of West Virginia:

That at the municipal election to be held for the city Election of of Huntington on the second Tuesday in June, one school commisthousand eight hundred and ninety-five, all school com- of Huntington. missioners shall be elected for the independent school

district of Huntington heretofore required to be elected on the first Thursday of April, one thousand eight hundred and ninety-five; and thereafter said commissioners shall be elected in the manner provided for city elections in the act amending and re-enacting chapter fifty-six of the acts of one thousand eight hundred and ninety-one, incorporating the city of Huntington, approved on the eighteenth day of February, one thousand eight hundred and ninety-five.

(Approved February 22, 1895.)

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

(Senate Bill No 15.)

CHAPTER 57.

AN ACT to amend an act passed February 19, 1881,

amending an act to establish the school district of Wellsburg, in the county of Brooke, in the state of West Virginia, passed July 11, 1868.

.

(Passed February 9, 1893 )

Be it enacted by the Legislature of West Virginia:

Election to

.

1. That in the event a majority of the votes cast at an ratify this act; election to be held on Tuesday after the first Monday in

May, one thousand eight bundred and ninety-tive, be in favor thereof, the following described territory in the county of Brooke, including the town of Wellsburg, Lazearville and Midway, and such other territory as is

included in this section, shall after the result of such Independent election is ascertained and declared, be an independent school district school district of Wellsburg, to wit: All of the town boundaries. of Wellsburg, Lazearville and Midway, and the territory

thereto adjacent, bounded and described as follows: Beginning at the Ohio river, at the mouth of Buffalo creek, and running up said creek to the mouth of Panther run; thence, including the lands owned February nineteen, one thousand eight hundred and eighty-one, by Samuel Jacob, Campbell Tarr's heirs, and William

of Wellsbury;

L. Miller ; thence, including the lands owned July eleven, one thousand eight hundred and sixty-eight, by James W. Cox and George Cox, Sr., to the Ohio river ; thence down said river to the place of beginning, shall constitute one school district to be called the Independent school district of Wellsburg.

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2. The board of education for said district shall, ex- Board of educept as hereinafter provided, consist of three members, to consist. who shall be elected by the qualified voters resident therein, and shall be invested with the same rights and exercise the same powers, perform the same duties, and Duties and be governed by the same laws, that boards of education powers. elsewhere in the county are, or may hereafter be governed, except in so far as changed by the provisions of this act.

3. The board of education herein provided for shall Board a com be a corporation by the name of the Board of Educa-of. tion of Wellsburg District,” and by that name may sue and be sued, plead and be impleaded, contract, purchase, hold and grant estate, real and personal, make ordinances, by-laws and regulations consistent with the laws of this state, for the government of all persons and things under its authority, and the due and orderly execution of its affairs.

How elected;

4. Whenever the school enumeration of the district Board may be

; reaches eighteen hundred, the board of education shall increased; be increased to five members, one of whom shall be elected by the voters of the whole district, one by the yoters residing outside of the city corporation, and one by the voters of each of the three wards of the city. At the first election after the board is increased from three to five members, the members from the first ward terms of office shall be elected for one year, those from the second and third wards for two years, and the remaining two for three years.

The terms of the three members constituting the board when it is increased to five shall expire on the first of the next July after the board is increased. With the above exceptions, the term of all members of the board shall be three years, beginning with the first of the next July after their election. The members Members now now constituting the board shall continue in office until the first of the next July after the expiration of their terms. Should a vacancy occur in said board by death, resignation or otherwise, the board may fill said vacancy Vacancies. by appointment; said appointment to be for the unexpired term of the member whose place may have become

vacant.

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