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fund, levy

trol library.

In addition to the preceding levies the board may an-library nually levy a tax, not to exceed one mill on the dollar for; rate; valuation, for the establishment, support and main- who to contenance, and increase of a public library, said library to be under the control of the board of education. Upon failure of the board of education to lay the remedy for levies required by this act, or either of them, they faure to lay shall be compelled to do so by the circuit court by writ of mandamus.

23.

levies.

for Superintendsaid ent of schools; his how appointbe -who not to

ed; term, etc.

-removal;

A superintendent or principal of schools the city of Huntington shall be appointed by the board for a term of not more than four years, and salary fixed by said board; but no person shall employed as superintendent who shall not have had be employed. an experience of at least five years as superintendent or principal of public schools. Said superintendent duties. in addition to the duties specified in this act, shall perform such other appropriate duties with relation to the schools of the city as the board may prescribe. He shall be liable to removal by the board of education for any palpable violation of the law or omissions for what and of duty, but he shall not be removed unless charges how. shall be preferred to the board by a member thereof, and notice of a hearing with a copy of the charges, delivered to him and an opportunity given him to be heard in his defence. When the office shall have become vacant from any cause, before the expiration of the term for which the superintendent shall have been elected, the board of education shall fill the same by appointment for the unexpired term. It shall be the report by duty of the city superintendent to make such report superintendto the board of education of the character and condi- of education. tion of the schools of the city of Huntington, as shall enable the secretary to make his required report to the county superintendent. The city superintendent -to receive shall not directly or indirectly receive any gift, emol- no gift, reument or reward, for his influence in recommending for what. the use of any book, apparatus or furniture of any kind whatever, in the schools of the district.

-vacancy.

ent to board

ward, etc.;

Independent

school district of Central

City, estab

ary lines.

(Senate Bill No. 133.)

CHAPTER 131.

AN ACT to create and establish the

Independent

School District of Central City, in Cabell county.

[Passed February 19, 1901. In effect from passage. Approved February 22, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That the incorporated town of Central City and the suburbs and territory of and territory of Guyandotte district, Cabell county, contained within the following boundlished; boundaries, to-wit: Beginning at a stake in Johnson's lane on the east bank of the Ohio river, thence with said Johnson's lane to Fourth avenue and a line of the city of Huntington, thence with said line of Huntington to the west line of said city of of Huntington, and thence with said west line of the city of Huntington to Four Pole, thence with the meanders of Four Pole to Wayne county line, thence with line of Wayne county to the Ohio river, and thence with the Ohio river to Johnson's lane, the place of beginning, shall constitute an independent district to be known as the Independent School District of Central City.

Commission

how elected.

-term of office.

2. There shall be elected by the voters of said disers: when and trict at an election to be held at the public school building in Central City, on the first Tuesday in April, nineteen hundred and one, five commissioners, and every year thereafter one commissioner whose term of office shall commence the first day of July following their election and continuing five years, and until their successors are elected and qualified, except that one of the commissioners elected in the year nineteen hundred and one shall serve one year, another only two years, another only three years, and another only four years, the ballot designating the term of office of each member. The said commissioners shall constitute a board of education to be denominated the board of education of the Central City Independent School District.

-ballot to designate, what.

-board of education, who to constitute.

Election,

when and how held.

3. The election for school commissioners in the year nineteen hundred and two, and annually there

after, shall be held at the school house in Central City, on the first Tuesday in April and in the manner prescribed by the general school law for the election of school officers.

missioner,

4. Any vacancy that may occur in the office of Vacancy in school commissioner, by death, resignation, refusal office of comto serve, or otherwise, shall be filled by the board of how filled. 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 until the next election of school commissioners, when a commissioner shall be elected for the unexpired term.

board of edu

elected.

5. The board of education shall elect annually at President of their first meeting on the first Monday in July, or as cation, when soon thereafter as may be practicable, one of their and how members to act as president of said board, who shall -duties. 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 the act.

secretary.

The board shall elect at the same time a secretary, election of who 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 -president's and shall not vote upon any question arising in the vote. board by reason of being said officer.

duties.

6. The secretary shall record in a book provided Secretary; his for the purpose, all the official acts and the proceedings of the board which shall be a public record, open to the inspection of all persons interested therein. He shall preserve in his office all papers containing evidence of title, contracts and objections; and in general shall record and keep on file in his office all such papers and documents as may be required by any of the provisions of this act, or by any order of the board of education. He shall annually, between the first and twentieth of July, make report to the county superintendent of such facts in his possession as may be required by general school law of the State. For -compensahis services he may receive such compensation, not tion. exceeding one hundred dollars per annum, as the board may allow. In his absence the board may ap--secretary point a secretary pro tempore.

co

pro tem.

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Board of edu- 7. cation; meet

-special meetings.

The board of education shall hold stated meetings; quorum. ings at such times and places as they may appoint, not less than three members being required to constitute a quorum for the transaction of business. Special meetings may be called by the president, or at the request of any member, by the secretary. The concurrence of three members of the board shall be required to elect superintendent or teachers, and to decide all questions involving the expenditure of money. The members of the board of education shall compensa- each receive a compensation of one dollar for each meeting of the board attended by them, and no compensation shall be paid said commissioners for any meeting of the board at which they are not present.

tion.

8. The board of education of the Independent School District of Central City shall be a body corBoard of edu- porate in law; and as such may purchase, hold, sell potation; cor- or convey real or personal property for the purpose porate pow- of education within the district; may receive any gift,

cation, a cor

ers.

Board, its

powers and duties relating to schools.

grant, donation, or devise, may become party to suits and contracts and do other corporate acts. They shall have the management and be vested with the title to all real and personal property for the use of public schools within the district, and shall manage and dispose of the same as will in their opinion best subserve the interests of the district.

9. The board of education shall have exclusive control of all schools within the district; shall have power to make all necessary rules and regulations for the government of the 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 textbooks 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 useof 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.

and other

er of board to

be taught.

10. The board of education shall have power to High school establish within the district such schools, including schools powa high school, by such name as may be prescribed by establish. said board, as may in their judgment be best for the interest of the district. The branches to be taught in-branches to 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 may direct. The said grading. high school shall be open to all pupils in the district, but no pupil shall be entitled to enter them until the mitted. city superintendent shall have been satisfied that the said pupil has made due proficiency in the branches taught in the other schools of the district.

-who ad

to whom.

11. Admission to the various schools of the dis- Admission to trict shall be gratuitous to all white children, wards schools free, and apprentices, or actual residents within the district between the ages of six and twenty-one years: provided, that admission of pupils, residents of one sub-district to the schools of another shall rest with proviso. the board of education. Non-residents of the district may be allowed to attend the schools of the upon payment in advance of such tuition board of education may prescribe.

district
as the dents,

-non-resi

ren.

12. The board of education shall establish within schools for the district one or more separate schools for colored colored childchildren, whenever they may deem it necessary, so as to afford them as far as practicable the advantages and privileges of a free school education. All such schools shall be under the management and control of the board of education, and shall be subject to like general regulations as other schools of the district; but under no circumstances shall colored children be allowed to attend the same school, or be classified schools, prowith white children.

-mixed

hibited.

13. No money shall be paid out by the sheriff ex- Sheriff to pay cept on a draft signed by the president and secretary out money of the board of education, and specifying on its face ar draft how the particular account to which the same is charge- signed, etc. able, nor shall any credit be allowed to the sheriff, in his annual settlement upon any voucher except allowed, exsuch draft.

-no credit

cept, etc.

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