ment shall be given for three weeks by advertisement in one or more newspapers in said county. Exempt from 7. The bonds authorized under this act shall bc exempt from taxation for county, district and muni- taxation. cipal corporations, as a part of the contract with the purchasers thereof. 8. Nothing in this act shall authorize any increase No increase in the bonded debts of said district, nor shall the of bond debt. bonds issued under this act, or the proceeds thereof, be issued or applied for any other purpose than the -for what payment and redemption of the outstanding bonds of purpose said Greenbrier district of Summers county. bonds to be applied. (Senate Substitute for House Bill No. 22.) CHAPTER 139. AN ACT enlarging the powers of the Board of Education of the School District of Wheeling. [Passed January 29, 1901. In effect from passage. Approved February 2, 1901.] West Be it enacted by the Legislature of West Virginia: 1. That sections nine, ten, twelve, sixteen, twenty- Acts one, twenty-two, twenty-three, and twenty-nine of amended. chapter eleven, of the acts of one thousand eight hundred and seventy-two, entitled "An Act Relating to the School District of Wheeling," as amended and reenacted by chapter one hundred and fifteen of the acts of one thousand eight hundred and seventy-five, and by chapter sixteen of the acts of one thousand eight hundred and eighty-two, be amended and re-enacted so as to read as follows: as cation of the a body cor such school district personal of Wheeling, the dis- porate, its increase powers. corporate 9. The board of education of the district of Whe|- Board of eauing shall be a body corporate in the law, and may purchase, hold, sell or convey real or property for the purposes of education within trict; may establish, maintain, support and a public library and branches thereof for the use and benefit of the residents of said district and such other persons as the board may, by rule, prescribe; may re Annual enumeration: when and what to show. -where re corded. -duty of clerk. -census of district. Annual estimate: what the board to determine, and what to levy. ceive any gift, grant, donation or devise; may become party to suits and contracts, and do other corporate acts. They shall, also, have the management of, and be vested with the title to all real and personal pronerty, except such public library property, for the use of the public schools within the district, and shall manage and dispose of the same as in their opinion. will best subserve the interests of the schools. They shall also have the management of, and be vested with the title to all real and personal property they may. in any manner, acquire for the uses and purposes of such library and branches thereof. 10. Annually, not later than the first day of April, the board of education shall cause to be taken an enumeration of all the youth between the ages of six and twenty-one years, resident in each election district of the district, distinguishing between males and females, white and colored, and the result thereof, verified by the oath or affidavit of the persons employed to take the same, to the effect that the enumeration is correct, and that they have used all the means in their power to have it so, shall be recorded in the office of the clerk of the board, and the clerk shall thereupon, not later than the first day of May, communicate the result of the enumeration to the district superintendent and the state superintendent of free schools. The persons employed to take said enumeration may be required at the same time to take the census of the district. 12. It shall be the duty of the board of education, annually, in the month of July, to determine, as nearly as practicable, the amount of money necessary, in addition to all other available funds, for the support, maintenance and increase of such public library and branches, including the payment of the interest on any bonds which may be issued therefor, and of any such bonds that may become payable within the next year; also for continuing the schools of the district. for a period of not less than nine months; and for all other purposes relating to the schools of the district, such as the repairing and improvement of school premises, the purchase of sites and the building of school houses, and for the payment of debts previously contracted, which may fall due within the year; and said board shall cause the amount to be levied on all the taxable property of the district, as assessed and returned for city taxation: provided, that not more limit to different than four mills on the dollar valuation of said tax-levy. able property shall be levied in any one year for the purpose of continuing the schools for said period of not less than nine months, and for the ordinary repairs and incidental expenses; not more than three mills on the dollar valuation for the purchase of sites, the building of houses and permanent improvements; and not more than three-fifths of a mill on the dollar valuation for the establishment, support, maintenance and increase of such public library and branches, and for the payment of such bonds, and of the interest thereon. The amount collected under the levy first -name of named shall be known as the "School Fund," that un- funds. der the levy second named shall be known as the "Building Fund," and that collected under the levy last named shall be known as the "Library Fund." The amount so levied under the provisions of this sec--who to tion shall be collected and disbursed by the same of- levy and disficer by whom the city levies are collected. The amounts thus collected shall severally be certified to by and to by the collecting officer to the clerk of the board of ed-fied, and how ucation and shall be paid out only upon the drafts, signed by the clerk and issued by order of the board, specifying upon their face the particular account to which the same is chargeable; nor shall any credit be allowed to the collector in his annual settlement upon allowed colany other voucher than such drafts. burse. whom certi paid out. -credit lector. 16. The collector for collecting and disbursing the Collector; his taxes levied by the board of education shall be en-commission. titled to receive such commission as the board may allow, not exceeding two and one-half per centum of the amount collected; and for all other school moneys received by him he shall be allowed a commission not exceeding one per centum on the amount received and disbursed: provided, that no commission shall be allowed the collector for receiving or mission, for disbursing money derived from sale of bonds for the purchase of a site for such library. -but no com what. by Condemnaschool tion of land public buildings, 21. When ground shall have been designated the board of education as a suitable site for a house and the necessary buildings, or for a for school etc.; proceedings, :School property, etc., exempt from taxation, etc. Supt. of and how elected. -salary. -to be an officer of board; his additional duties. library or branch thereof, or for enlarging a school house, or library lot, if the owner or owners refuse or are legally incompetent to sell the same, or if they demand there for a price which is deemed by the board unreasonable, the board of education may petition the circuit court of Ohio county to have such ground condemned for school and library purposes, and upon proceedings had in the case as prescribed in chapter forty-two of the code, the title to such ground shall be absolutely vested in the board of education in fee simple. 22. All school houses, school house sites and other property for the use of the public schools of the district, and all property, real and personal, pertaining to such public library and branches, shall be exempt from taxation, and also from distraint or sale on execution, or other process in the nature of an execution. 23. The board shall, bi-ennially, at their regular schools; when meeting in the month of July, beginning in the year one thousand nine hundred and three, appoint a superintendent of schools for the district and fix his salary. Said superintendent shall be an officer of the board, and in addition to the duties specified in this act he shall perform such other appropriate duties with relation to the schools of the district or such public library and branches as the board may prescribe. He shall be liable to removal by the board of education for any palpable violation of law or omission of duty. But he shall not be removed unless charges 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 opportunity be given him to be heard in his defence. -removal. -charges, notice, etc. -vacancy, how filled. -his reports to state supt. When the office shall 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 duty of the district superintendent to make from the report of the clerk of the board of education and from his own information, such report to the state superintendent of free schools, of the character and financial condition of the schools of the district, as may be necessary in order to secure to the district its quota of the state ward, etc.; for school fund, and to convey to said state superintendent all necessary information of the character and condition of the schools of the district. The district -to receive superintendent shall not directly or indirectly receive no gift, reany gift, emolument or reward for his influence in what. recommending the use of any book, apparatus, supplies or furniture or any kind whatever in the schools of the district, or public library or branches thereof. not applica etc. 29. The provisions of the general school law of the General State, not included in this act, shall not be regarded school law as applicable to the district of Wheeling and all laws ble, unless, and acts heretofore existing which are in any manner inconsistent with the provisions of this act shall be -acts void. void within said district: provided, that this section shall not be so construed as to prevent the citizens of election any election district within the district, from appro- eys. priating any moneys belonging thereto, not otherwise appropriated, for school or library purposes. district mon And be it further enacted, that the following Section section be added to said chapter eleven of the acts of added. one thousand eight hundred and seventy-two, as part thereof, namely: indebted- Board au thorized to pur- incur indebtissue issue bonds said for library. per edness and 31. The board of education may, at any time within three years of the passage of this act, incur ness not exceeding fifty thousand dollars, for the chase of a site for a library building, and may and sell at not less than par its bonds for the sum, bearing interest at not more than five centum per annum: provided, that no debt shall be proviso as contracted under this section unless provisions be to payment of interest made at the same time for the collection of a direct and principal. annual tax sufficient to pay annually the interest of such debt, and to pay the principal thereof within thirty-four years; nor unless all questions connected -vote. with said debt shall have been first submitted to a vote of the people, and received three-fifths of all the votes cast for and against the same. An election for this purpose shall be provided for-election. and conducted and the result ascertained and de clared as the board of education may direct by resolu- -what the tion. Such resolution shall state the purpose and the resolution amount of the bond and the rate of interest thereon; tion to state. and such resolution, together with the list of the directing elec |