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plead and be impleaded; may receive any gift, grant, donation or devise and do other corporate acts; they shall have the management and be vested with the title of all real and personal estate for the use of the public schools within the district, and shall manage and dispose of the same as will in their opinion, best subserve the interest of the district.

Sec. 7. The board of education of said independent school district of Logan, shall have exclusive control of all public schools within the district; shall have power to make all necessary rules and regulations for the government of said schools of the district, for the exclusion of pupils whose attendance would be dangerous to the health or detrimental to the discipline of the school or schools; they shall prescribe the same text books used throughout the county of Logan, but may prescribe other and advanced courses of study to be pursued in the schools of said district; and to this end may supply the list of text books adopted by said counties and may furnish books and stationery for the use of indigent children in attendance at the schools of the said district; they may also furnish all necessary apparatus and books for the use of the schools of the district, and incur all other expenses necessary to make the system efficient for the purpose for which it was established, and to pay the same from the building fund of the district.

Sec. 8. The board of education shall have power to establish within the district such schools, including high schools, by such names as may be prescribed by said board, and may in its judgment be best for the interest of the district; the branches to be taught in the high schools 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 superintendent for the district may direct. The said high school shall be opened to the white pupils of the district, but no pupil shall be entitled to enter such school until the city superintendent shall have been satisfied that the pupil has made due proficiency in the branches taught in the other schools of the district.

Sec. 9. Admission to the various schools of the district shall be free to all children, wards and apprentices between the age of six and twenty-one years, who are actually residents within the district; non-residents of said district may be allowed to attend the schools of the district upon the payment in advance of such tuition as the board of education may prescribe.

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Sec. 10. The board of education shall establish within the district, one or more separate schools for colored children whenever they may deem it necessary, so as to afford them as far as practicable, the advantages and privileges of a free school education.

Sec. 11. Annually, on the first meeting in July, or thereafter as circumstances will allow, the board shall appoint a superintendent of schools for the district and fix his salary; said superintendent in addition to the duties specified by this act, shall perform such other duties with relation to the schools of the district as the board may prescribe. When the office shall become vacant from any cause, before the expiration of the term for which the superintendent shall have been appointed, the board of education shall fill the same by appointment for the unexpired term. It shall be the duty of the superintendent to make such report to the board of education of the character and condition of the schools of the district as shall enable the secretary to make his required report to the county superintendent. The superintendent shall not directly or indirectly receive any gift, emolument or reward for influence in recommending the use of any book, apparatus or furniture of any kind whatever in the schools of the district. Upon conviction thereof, after having been given a hearing by the board of education, he shall be discharged from further duties without compensation.

Sec. 12. The board of education shall appoint all teachers for public schools of any grade within the district and fix their salaries, at a meeting held not later than the third Monday in August of any year; but no person shall be employed to teach school of the grade for which the appointment is made without having a satisfactory certificate obtained and issued as required by law in the examination of teachers for the public schools of this state. The teachers appointed shall be subject in all respects to the rules and regulations proposed by the superintendent of said district and adopted by the board of education, and they may be removed by the board for incompetency, intemperance or gross immorality, upon the complaint of the superintendent or the motion of any member of the board; but no teacher shall be removed without at least three days' notice of the charges against him and the time and place of hearing, and shall in all such cases be heard in his own defense, if he so desire. All appointment of teachers and superintendents shall be in writing, signed by the president of the board, secretary and at least one other member of the board of education.

Sec. 13. All moneys, whether belonging to the teachers or building fund of the district of Logan, Logan county, which may be unexpended when the provisions of this act takes effect, or to which said district may be entitled for the year, one thousand nine hundred and seven, shall be divided between the said districts; and said independent district, in proportion to the amount of taxes paid by each of them for the year, one thousand nine hundred and six, and the board of education of the said independent school district of Logan, shall from the money received, if sufficient, pay the salaries of the teachers employed within said district for the year commencing July one, one thousand nine hundred and seven, and other necessary expenses for school purposes within said independent.school district. The debts, if any, owed by Logan district at the time this act is ratified by a vote of the people as aforesaid, shall be apportioned between said Logan district and the said independent district of Logan, and paid between and by said districts in the same manner as the funds on hand at that time are divided. It shall be the duty of the board of education of each of said districts to make a settlement as set out in this section as soon as practicable after the election and qualification of the members of the board of education of said independent school district.

Sec. 14. It shall be the duty of the board of education at their annual meeting in July of each year, to ascertain as nearly as possible, the amount of money in addition to all available funds which ought to be expended for school purposes in said district to keep the schools in session at least nine months in the year; for which amount the board shall levy a tax upon the property included in the district and the residence thereof, and the same shall be collected under the provisions of the general school law of the state. The tax to be raised as aforesaid for both teachers and building fund in said school district shall not exceed the rate provider by the general law of the state for such purposes.

Sec. 15. The election provided for in section one of this act shall be by ballot, which ballots shall have printed thereon, “For independent school district,” and “Against independent school district,” Said election shall be held at the usual place of voting in the town of Aracoma, and other places in Logan district; the said election shall be superintended and the result thereof ascertained and declared by election officers to be appointed by the county court of Logan county; and all the provisions of the election laws of this state shall be enforced and shall govern such election unless otherwise provided by the county court of said county; the expense of said election shall be paid by the board of education of Logan district of said county, in case of a majority of the votes cast at such election are against the independent school district; but if a majority of the votes cast at said election are in favor thereof, then, expenses of said election shall be paid by the board of education of said independent school district and collected by the sheriff of Logan county. Notice of said election to be given by publication once a week for four consecutive weeks prior thereto in some newspaper of general circulation in the district.

Sec. 16. The assessments made under the provisions of this act shall be levied by said board of education of the independent school district and collected by the sheriff of Logan county and the amounts of said levies shall be charged in full to said officer, who shall be held to account for the same. No money collected under the provisions of this act shall be paid out by said sheriff except on an order signed by the president and secretary of said board of education of said independent district, and specifying on its face the particular account to which the things is chargeable and the purpose for which it was drawn.

Sec. 17. The sheriff of Logan county shall annually, on or immediately before the first day of July in each year, make such settlement with the board of education of said independent school district as the general school law may provide and for collecting and disbursing the taxes so assessed, said sheriff shall be entitled to not more than five per cent upon the amount collected.

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

CHAPTER 19.

(Senate Bill No. 70.)

AN ACT to amend and re-enact section one, of chapter two hun

dred and sixteen of the acts of the legislature of West Virginia of one thousand eight hundred and seventy two and one thousand eight hundred and seventy three, entitled “An act relating to the school district of Martinsburg, West Virginia;' and also to amend and re-enact section eleven of said chapter as amended and re-enacted by chapter seventeen of the acts of the legislature of West Virginia for one thousand eight hundred and seventy-five, and as amended and re-enacted by chapter one hundred and seven of the acts of the legislature of West Virginia for one thousand eight hundred and seventy-five.

(Passed February 12, 1907. In effect ninety days from passage. Approved by the

Governor, February 19, 1907.)

Sec.

Sec.

1. 11.

School district defined.
Duty of board of education; as-

sessment of taxable property for
school purposes ; limit; building

fund; may borrow money and issue bonds; when payable; interest; principal; submitted to vote; election; how held.

Be it enacted by the Legislature of West Virginia:

That section one of chapter two hundred and sixteen of the acts of one thousand eight hundred and seventy-two and one thousand eight hundred and seventy-three, and section eleven of chapter one hundred and seven of the acts of one thousand eight hundred and seventy-five, be amended and re-enacted so as to read as follows:

Sec. 1. The town of Martinsburg contained within the boundaries thereof now established, or that may hereafter be established by law, shall constitute but one school district, to be known as “The school district of Martinsburg."

Sec. 11. 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, to continue 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 repairing and improvements of school premises, the purchase of sites and the building of school houses, the payment of debts previously contracted, which may fall due within the year, and the said board shall cause the amount to be assessed on all the taxable property of the district,

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