tures, preparations or liquors which will produce intoxication, whether they are patented or not, shall be deemed spirituous liquors within the meaning of this section. Nor shall any person without such license carry on the business of distiller or brewer of whiskey, brandy, beer, porter, or ale, or carry on the business of a druggist, or keep for public use, or resort, a bowling alley, billiard table, pool table, bagatelle table, or any tables of like kind, or shooting gallery or skating rink: provided, that the word "eating house," in this section shall not apply to farmers who furnish meals to travelers and others passing. 66. On every license to sell at retail cigarettes or cigarette paper, ten dollars; or to sell at wholesale any cigar- Tax ettes or cigarette paper, fifty dollars. arettes. (Senate Bill No. 72.) CHAPTER 67. AN ACT to amend and re-enact section thirty of chapter thirty-two of the Code of West Virginia, regulating licenses at public theatres, public watering places, etc. [Passed February 20, 1901. In effect 90 days from passage. Approved February 22, 1901 ] Be it enacted by the Legislature of West Virginia: That section thirty of chapter thirty-two, of the code of Acts amended West Virginia, be and the same is hereby amended and re-enacted so as to read as follows: for less than what and where. 30. A state license to furnish intoxicating drinks State license or refreshments, or sell at retail spirituous liquors, one ear, for wines, porter, ale, or beer, or any drinks of like nature, at a public theatre or at any public watering place in this State, or sell patent rights, or act as hawker or peddler, or to keep for public use or resort, at any public watering place in this State, a bowling alley, billiard table, bagatelle table, or table of a like nature, shall be either for a year, four months, or two months from the commencement there- on. of; if for four months, the state tax thereon shall be one-half, and if for two months one-third of the annual tax. -tax there Code amended. Liquor li when. -bond, ditions of. con (Senate Bill No. 161.) CHAPTER 68. AN ACT to amend and re-enact section twenty-two of chapter thirty-two of the Code of West Virginia, concerning Bonds required in certain cases. [Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: That section twenty-two of chapter thirty-two of the code of West Virginia be, and the same is hereby amended and re-enacted so as to read as follows: 22. No county court, or other tribunal acting in censes, issued lieu thereof, nor any city, village or town council, shall authorize the issuing of any license to sell spiritous liquors, wine, porter, ale, beer or drink of like nature, until the applicant shall have given bond with good security, to be approved by the court or other tribunal, or council, in the penalty of at least three thousand five hundred dollars, conditioned that he will not permit any person to drink to intoxication on any premises under the control of such applicant; and will not knowingly sell or furnish intoxicating drink to any person who is intoxicated at the time or who is known to him to have the habit of drinking to intoxication, or whom he knows, or has reason to believe, is under the age of twenty-one years; and that he will not sell or furnish such drink to any person on. Sunday. And with the further condition, that he will pay all such damages and costs as may be recovered against him by any person under any of the provisions of chapter thirty-two, of the code of West -liability Virginia, as amended. And such applicant, and his of principal securities in said bond, shall be liable in a suit or suits thercon for the fine and costs, which may be recovered against him for any offence under this chapter which is a violation of any of the conditions of said bond, as well as for the damages hereinbefore provided for, who not to until the penalty of said bond is exhausted: provided, that no manufacturer of or dealer in, or any officer, director or stockholder of any incorporated company engaged in the manufacture, sale or dealing in, any such spirituous liquors, wine, porter, ale, beer or drink of like nature, shall be accepted as surety on any such bond. And it shall be the duty of the county court -further conditions. on such bond, and sureties. be accepted as surety. -court, etc., must inquire or other tribunal acting in lieu thereof, or of the coun- into eligibilicil of any city, village or town, to inquire into the eligi- ty of surety. bility of any such sureties before approving any such bond. (Substitute for House Bill No. 207.) CHAPTER 69. AN ACT to amend and re-enact sections 53 and 54 of ents. [Passed February 22, 1901. In effect 90 days from passage. Approved February 22, 1901.] Be it enacted by the Legislature of West Virginia: That sections fifty-three and fifty-four of chapter Code forty-five of the code of West Virginia be amended and amended. re-enacted so as to read as follows: County sup 53. The county superintendent of schools shall be a person of good moral character, of temperate habits, lit- erintendents; erary acquirements, and skill and experience in the art of qualifications teaching, and he shall not teach in any school, public or private, during his term of office. -not to sation of . -paid rata He shall receive for his services an annual compensation as follows: In counties having not more compenthan fifty schools, three hundred dollars; in counties having more than fifty and not more than seventy-five schools, three hundred and fifty dollars; in counties having more than seventy-five and not more than one hundred schools, four hundred and twenty-five dollars; and in counties having more than one hundred schools, five hundred dollars; which salary shall be paid ratably for any shorter term of service than one year: bly, when. provided, however, that the county superintendent shall report on oath to the state superintendent the number proviso as of schools he has visited during the year, in compliance with section fifty-four, chapter forty-five of the code of West Virginia, and the state superintendent of free schools in paying the said county superintendents, as required by this section, shall deduct three dollars from the salary of the county superintendent for each and every school within his county that the county superintendent did not visit. to reports by. -deduction from salary. terly and how. ter, when. Such compensation shall be paid quarterly upon -paid quar- orders drawn by the county superintendent on the state superintendent of free schools, who shall, upon receiving the same, draw his warrant upon the auditor therefor, payable to said county superintendent, -payment of or to such person as he may direct. But the payment fourth quar- for the fourth quarter shall not be made until the county superintendent has made the reports to the state superintendent of free schools required by seetion twenty-two of this chapter, and for every day after the first day of September before the receipt of these make reports, reports the state superintendent shall deduct three dollars from the salary of the county superintendent, unless said reports are delayed by sheriffs' settlements or reports from secretaries of boards of education. The salary of the county superintendent shall be paid out of the general school fund, but the amount thereof shall be deducted by the auditor from the amount next to be distributed to each county. -failure to what then. -salaries paid out of what fund. -district in -allowance to teachers attending institutes. As a further means of improvement among teachstitutes, etc. ers the county superintendent shall arrange for and conduct district institutes, or teachers' round tables, one or more to be held in each district of his county within the school year, and at such time and place as is most convenient for the teachers. Boards of education shall allow the teachers of their respective districts at least one day's pay in each school year for their actual attendance upon said district institute, such day to be counted as if spent in teaching, and as a part of the school term. The county superintendent shall certify perintendent to the secretary of each board of education the attendattendance ance of teachers at the different district institutes, and credit shall be allowed for the one day's attendance, herein provided for, in the school month in which said institute is held: provided, that no teacher shall be allowed such pay unless he has been regularly employed by the trustees or board of education. -county su to certify to whom. -credit allowed. -proviso. Bond, how The county superintendent shall, before entering executed, etc. upon the duties of his office, execute a bond, conditioned according to law, before the county court of his county, or the clerk thereof in vacation, in the sum of one thousand dollars, with approved security; upon which bond he shall be liable, in any court having jurisdiction, to any person or persons, or to any board of education, for losses sustained by reason of his neglect or non performance of duties imposed by this -where such chapter. Said bond shall be filed in the office of the bond filed; clerk of the county court, who shall within five days duty of clerk. certify to the state superintendent of free schools the name of said county superintendent and his postoffice address: provided, that the county superintendents here--proviso. tofore elected shall continue in office until their successors have been elected and qualified under this chapter. in office, how A vacancy in the office of county superintendent shall vacancies be filled for the unexpired term by the presidents of filled. the boards of education in the county, at a meeting to be called for that purpose by the clerk of the county court, at the court house of the county, within thirty days after the vacancy occurs. A majority of said presidents shall be necessary to constitute a quorum at such board. meeting. -quorum of (Senate Bill No. 113.) CHAPTER 70. An ACT to amend and re-enact section six of chapter forty-five of the Code, relating to the salary of teachers. [Passed February 20, 1901. In effect 90 days from passage. Approved February 21, 1901.] Be it enacted by the Legislature of West Virginia: That section six of chapter forty-five of the Code of Code West Virginia be amended and re-enacted so as to read as amended. follows: first meeting what to 6. The boards of education of the several districts Boards of shall hold their first meeting for each school year on education, the first Monday in July. At this meeting they shall of; when; determine the number of teachers that may be em- determine. ployed in the several sub-districts, and fix the sal--salaries of aries that shall be paid to the teachers. In determin- teachers. ing the salaries, they shall have regard to the grade of teachers' certificates, fixing to each grade the salary that shall be paid to teachers of said grades in the several sub districts as follows: Teachers having cer--minimum tificates of the grade of number one shall be paid not of each less than thirty dollars per month; those holding certificates of the grade of number two, not less than twenty-five dollars per month; and those holding certificates of the grade of number three, not less than eighteen dollars per month. And the trustees of the-trustees not grade. |