-quorum.

to do official

to exceed several sub-districts shall in no case transcend or disalary fixed. minish the salaries so fixed in any contract they may make with teachers. A quorum of the board of education shall consist of a majority of the' members -absence of thereof, and in the absence of the president, one of president, said members may act as such; but they shall do no who to act. official business except when assembled as a board, when only, and by due notice to all the members, except that the business, president and secretary may sign orders upon the except, etc. sheriff for any sum of money which may have been -compensa- already ordered to be paid. The members of the board of tion and how education shall each receive as compensation for their services the sum of one dollar and fifty cents per day, to be paid in like manner as the salary of the clerk of the board of education: provided, that no member shall receive pay for more than seven days' service in any one year; one day of which shall be spent in attending a teachers' institute.

paid.

-proviso.

Code amended.

School trus

point teachers; when and how.

(House Bill No. 18.)

CHAPTER 71.

AN ACT to amend and re-enact section 13 of chapter 45 of the Code of West Virginia concerning the limitations governing trustees as to relationship in employing teachers.

[Passed February 13, 1901. In effect 90 days from passage. Approved February 16, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That section thirteen, chapter forty-five of the code of West Virginia be amended and re-enacted so as to read as follows:

13. The trustees of every sub-district shall have tees, to ap- charge of the schools therein and shall meet at the school house of their sub-district on the third Monday in July of every year, or as soon thereafter as practicable, and appoint a teacher or teachers, for the coming session of their school, and in such appointment at least two of the trustees, who are the trustees for the ensuing year, shall concur, and such appointment shall be in writing in the form of a contract according to the form furnished by the state superintendent of free schools, and said form shall state that the

tract filed

from partici

tract illegal;

teachers.

trustees whose signatures are affixed thereto, met together as herein required, and said contract shall be filed with the secretary of the board before the be--where conginning of the term for which said teacher is em- and when. ployed: provided, that no trustee of any sub-district shall participate in contracting with or appointing -what relaany person as teacher of their school to whom he sus- tionship pretains the relation of father, father-in-law, brother, vents trustee brother-in-law, uncle, cousin, grandfather, sister, niece pating. or nephew; and if the appointment of any teacher -when conbe otherwise than at a meeting herein authorized, duty of or if the appointment be within the degrees of board. relationship herein specified, the board of education. shall declare such contract illegal, if the declaration be made by the board before the time mentioned in the contract for the beginning of the school term. Any teacher so appointed may be removed by the removal of trustees or by the board of education for incompetency, neglect of duty, intemperance, profanity, cruelty or immorality. The trustees shall exclude from any exclusion, school under their charge any person having a con- etc., of tagious or infectious disease, and they may suspend pupils. or expel any scholar found guilty of any disorderly, refractory, indecent or immoral conduct, and may refuse to admit such scholar again to the school until satisfied that he will properly conduct himself thereafter. But the trustees shall take no action or pro- -what receeding relating to the removal of teachers or the pension or expulsion of any scholar from school less at a meeting of which the trustees have all notice, and when at least two of their number shall be present and concur in such action or proceeding; and their action in each particular shall be subject to fect to revisthe revision and correction of the board of education whom. upon complaint in writing of a majority of the patrons of the school, residing within the sub-district in which such action has been taken. Any trustee may, for -removal of good cause shown, be removed from office by the trustee; board of education upon five days' notice in writing of the cause alleged for his removal, and of the time and place the board will take action thereon. Whenever at the end of any school month the daily average attendance for that month has been less than thirty- schools. five per cent. of the whole number of pupils enumerated in the sub-district, the trustees may dismiss the teacher and discontinue the school, unless otherwise directed by the board of education; and no high of high school shall be continued if at the end of any school schools.

quired to

or

sus- remove
un- exclude, etc.

had

-action sub

ion; by

and when.

how

discontinuance of

or

-penalty on trustee member of board for

tion of

teachers.

month it has not had an average daily attendance of twenty-five scholars. And it is further expressly provided, that should any trustee of any sub-district or a taking bribe member of the board of education receive any money or in the elec- other thing of value for his aid, assistance or vote in securing to any teacher in a school or employment in any district or independent school district in the State, in which said trustee or member of the board of education is authorized by law to act shall be guilty of a felony, and upon conviction thereof shall be punished by confinement in the penitentiary of this State not less than one nor more than three years.

Acts repealed.

2. All acts or parts of acts coming within the purview of this act and inconsistent therewith are hereby repealed.

Code amended.

Annual levy

primary

(House Bill No. 178.)

CHAPTER 72.

[Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.]

AN ACT to amend and re-enact sections forty of chapter forty-five of the Code of 1899, of West Virginia, in relation to levies for school purposes.

Be it enacted by the Legislature of West Virginia:

That section forty of chapter forty-five of the code of one thousand eight hundred and ninety-nine be amended and re-enacted so as to read as follows:

40. For the support of the primary free schools, of for suport of their district, and in each independent school district, schools when and to pay any existing indebtedness against the and how. "teachers' fund," the board of education thereof, shall annually on the first Monday in July, or as soon thereafter as possible, levy by the authority of the people as prescribed in section two of this chapter such a tax on the property taxable in the district, as will, with the money received from the State for the support of free schools, be sufficient to keep the schools. in operation at least five months in the year: provided, the tax in any one year shall not exceed the rate of fifty cents on every one hundred dollars valuation according to the latest available assessment made for state and county taxation. The proceeds of this levy,

-term of schools.

-rate of levy.

fund and for

together with the money received from the state as-name of aforesaid, shall constitute a special fund, to be called what used. the "teachers' fund," and no part shall be used for any other purpose than the payment of teachers' salaries, first for the current year, and any part of said fund, not so expended, shall be appropriated to the payment of any existing indebtedness created for said purpose. Upon the failure of any board of education to lay such levy as hereby required, or any other levy make levy, provided for in this chapter, they shall be compelled what then. to do so by the circuit court of the county by a writ of mandamus, unless good cause be shown to the contrary.

-failure to

levy, when;

But in case the levy provided for in this and the additional thirty-eighth section of this chapter shall not be suf- or special ficient to pay any existing indebtedness of the district limit. in addition to the other purposes for which it is levied, the board may increase such levy to the amount actually necessary, or lay a special levy for the purpose, but such increase or special levy, together with any other levy not provided for in this and the thirty-eighth section of this chapter, shall not exceed in the aggregate-existing inthirty cents on the one hundred dollars valuation of debtedness said property, and in no case shall the appropriation fere with of any money to the payment of any existing indebted- payment of ness. directly or indirectly, interfere with the payment of the teachers' salaries for the term of five months, for which the schools are required by law to kept open each

year.

not to inter

teachers.

(House Bill No. 210.)

CHAPTER 73.

AN ACT to amend and re-enact section seventeen, chapter forty-five of the Code of West Virginia, concerning the education of colored children.

[Passed February 18, 1901. In effect 90 days from passage. Approved February 21, 1901.]

Be it enacted by the Legislature of West Virginia:

Code

1. That section seventeen, chapter forty-five of the code be and is hereby amended and re-enacted so as to amended. read as follows:

17. White and colored persons shall not be taught white and in the same school, but to afford to colored children

colored,

-schools

taught sepa- the benefits of a free school education it shall be the rately. duties of trustees of every sub-district to establish therein one or more primary schools for colored persons between provided for the ages of six and twenty-one years, and said trustees or board of education shall establish such school whenever there are at least ten colored persons of school age residing therein, and for a less number, when it is possible to do so.

colored children.

-trustees

establishing

The trustees of two or more sub-districts, whether may join in in the same or adjoining districts or counties may, by such schools. agreement with each other, join in establishing a primary school for colored children residing in said subdistrict, and such a school so established shall be sub-regulations ject to the same regulations as are provided for the school for white children in section twelve of this chapter.

Acts repealed

2. All other acts and parts of acts coming within the purview of this act and inconsistent herewith are hereby repealed.

(Senate Bill No. 123.)

CHAPTER 74.

AN ACT to amend and re-enact section six of chapter 106 of the Code of West Virginia, in regard to levying attachments.

[Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

That section six of chapter one hundred and six of the code of West Virginia, be amended and reenacted so as to read as follows:

6. But if the plaintiff shall, at the time of suing out such an attachment, or afterwards, give bond with good security, approved by the clerk issuing the attachment, in a penalty of at least double the amount of the claim sworn to, with condition to pay all costs and damages which may be awarded against him, or sustained by any officer or other person by reason of the suing out of the attachment or levying the same, and to pay to any claimant of any property seized or sold under or by virtue of said attachment, all dam