CH. 39] REPEALING SHEETS MILLS INDEPENDENT DISTRICT

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11 erty. If the injury be done by a minor, whether wilfully or 12 not, the parent or guardian of such minor shall be liable to an ac13 tion for such damages. It shall be the duty of the board of educa14 tion to ascertain, if possible, by whom the offense was committed, 15 and to cause the person so offending to be arrested and tried for 16 the offense, in the manner provided by law for misdemeanors; but 17 such arrest may be made upon the affidavit of persons other than 18 members of said board. All fines and damages collected by virtue 19 of this section shall become a part of the school fund of the dis20 trict.

21 All acts and parts of acts in conflict with this act are hereby 22 repealed.

CHAPTER 39

(Senate Bill No. 88-Mr. Harmer.)

AN ACT to repeal chapter one hundred and eighty-one of the acts of one thousand eight hundred and seventy-one, as amended by chapter one hundred and five of the acts of one thousand eight hundred and seventy-two, as amended by chapter ninety-seven of the acts of one thousand eight hundred and seventy-five, relating to Sheets Mills independent school district in the county of Harrison.

[Passed April 12, 1921. In effect ninety days from passage. Approved by the Governor April 16, 1921.]

Be it enacted by the Legislature of West Virginia:

Section 1. That chapter one hundred and eighty-one of the 2 acts of one thousand eight hundred and seventy-one, as amend3 ed by chapter one hundred and five of the acts of one thousand 4 eight hundred and seventy-two as amended by chapter ninety5 seven of the acts of one thousand eight hundred and seventy-five, 6 be and the same is hereby repealed.

Sec. 2. That all the territory now embraced in said Sheets 2 Mills independent school district together with all the property, 3 real or personal, rights and privilges heretofore vested by deed 4 or otherwise, in said independent school district shall be returned 5 to and the title thereto re-vested in the district of Grant, in Har6 rison county, out of which it was originally created.

Sec. 3. As soon as this act takes effect, it shall be the duty 2 of the board of education of said independent school district to 3 turn over and deliver to the board of education of Grant dis4 trict all books, records, deeds and other property belonging to said 5 independent school district, together with a final settlement of 6 its financial affairs made with the sheriff of Harrison county, and all moneys thereby shown to be due it.

CHAPTER 40

(Senate Bill No. 84-Mr. Shackleford.)

AN ACT to authorize the common council of the town of Rosedale, to borrow money and issue bonds therefor, for the purpose of purchasing school sites, and erecting, completing, enlarging, repairing, or furnishing school buildings, situate in such town. [Passed April 21,, 1921. In effect from passage. April 29, 1921.]

Approved by the Governor

to purchase sites, and erect and maintain joint district school.

Be it enaried by the Legislature of West Virginia:

Section 1. The common council of the town of Rosedale, 2 situated in Birch district, Braxton county, and Center district, 3 Gilmer county, is hereby authorized to borrow money and issue 4 bonds therefor for the purpose of aiding and assisting the boards 5 of education of said districts in purchasing school sites and erect6 ing, completing, enlarging, repairing, or furnishing school build7 ings, situated in said town, and to be used as a joint consolidated. 8 school for the two districts hereinbefore mentioned, said bonds 9 to be issued in the manner and under the limitation provided in 10 section one hundred eighty-three, of chapter two, of the acts of 11 one thousand nine hundred and nineteen, regular session.

CHAPTER 41

(Senate Bill No. 141-Mr. Bowers.)

AN ACT to amend and re-enact chapter twenty-one of the acts of one thousand nine hundred and five, providing free schools for the district of Fairmont.

Be it enacted by the Legislature of West Virginia:

That chapter twenty-one of the acts of one thousand nine hundred and five, be amended and re-enacted, so as to read as follows:

Section 1. The city of Fairmont and the territory adjacent 2 thereto included within the boundaries described in this section 3 shall be known as "Fairmont Independent School District," the 4 boundaries being as follows, to-wit:

5 Beginning at a line between Fairmont and Paw Paw magis6 terial districts on the Monongahela river; and running with the 7 same to Polecat run; thence down said run to Buffalo creek; 8 thence пр said creek with its meanders to Ice's run; thence up said 9 run to the Fairmont and Wheeling turnpike, near the former resi10 dence of the late John Conaway; thence in a straight line to the 11 top of the ridge dividing the waters of Bell's run and Goose run; 12 thence with said ridge to the line dividing the lands formerly 13 owned by Archibald Fleming and William Vandervort; thence with 14 their said line to the West Fork river; thence down said West 15 Fork river to the Monongahela river, and down the same with 16 the meanders thereof to the place of beginning.

Sec. 2. The board of education of Fairmont independent 2 school district shall consist of a president and two commissionera, 3 residents thereof, to be elected by the qualified voters of said dis4 trict, the term of office of each of whom shall be four years. The 5 present members and member-elect of the board of education of 6 said district shall hold office until the expiration of their respect7 ive terms. At the general election next preceding the expiration 8 of the term of office of each of the present members, and member9 elect, and every four years thereafter his successors shall be elected 10 by the qualified voters of said district. The term of office of each 11 member to commence the first day of July next after his election

12 and continue for four years, and until his successor is elected and 13 has qualified according to law.

14

Any vacancy that may occur in the office of president or school 15 commissioner by death or otherwise shall be filled by the board of 16 education at the first meeting thereof thereafter occuring, or as 17 soon as practicable, and the person elected shall hold his office 18 until the next school election under this act, when a successor 19 shall be elected for the unexpired term.

20 Each member of the board of education shall receive as com21 pensation for his services five dollars for each regular or special 22 meeting he attends; in addition thereto, the president of the board 23 shall receive one hundred dollars per annum.

Sec. 3. The president of said board shall perform all the duties 2 required to be performed by such officer as the board of education 3 under the general school law, which may not be inconsistent with 4 the provisions of this act. The board shall annually elect a secre5 tary who shall perform such duties as may be required of him by 6 the board and by the general school law. The secretary shall

receive such compensation for his services as the board may direct. 8 The secretary shall qualify by executing his bond with good 9 security in such penalty as the board may prescribe, to be ap10 proved by the board, which bond shall be committed to the custody 11 of the president.

Sec. 4. The board of education herein authorized shall be 2 vested with the same rights, exercise the same power, and perform 3 the same duties, and shall be governed by the same laws by which 4 district boards of education are or may be governed, except so far 5 as it is exempt by the provisions of this act. It shall be a body 6 corporate, by the name of the "Board of Education of Fairmont 7 Independent School District", and as such may sue and be sued, 8 plead and be pleaded, contract and be contracted with, and may 9 have a common seal; may purchase, hold and grant estates, per10 sonal and real, and make ordinances, by-laws and regulations, 11 consistent with the constitution and laws of this state for the gov12 ernment of all persons under its authority and the ordinary con13 duct of its affairs.

14 The board of education of said independent district shall have 15 exclusive control of all schools within the district, and shall have 16 the power to make all necessary rules and regulations for the gov17 ernment of the same; for the admission of pupils therein, and for

18 the exclusion of pupils whose attendance would be dangerous to 19 the health or detrimental to the morals or discipline of the schools. 20 Said board shall determine what schools in the independent dis21 trict pupils shall attend; and shall admit gratuitously to said. 22 schools children of lawful school age who are actual residents with23 in the aforesaid district at the time they enter said schools and 21 non-residents thereof may be allowed to attend the schools of said 25 district upon such terms as said board may prescribe. The said 26 board of education of said independent district shall have power to 27 establish a kindergarten or kindergartens in connection with the 28 schools of said independent district, to which may be admitted 29 children between the ages of four and six years, upon such terms 30 and conditions as the board may prescribe.

31 The said board of education may prescribe a uniform list of 32 text-books for the use of the schools of the district, and may fur33 nish books, stationery and all school supplies for the use of all 34 pupils in attendance at said schools, and may incur any and all 35 other expenses necessary to make the schools of the district efficient 36 for the purpose for which they were established and to pay the 37 same out of the proper school funds.

38

Said board of education may establish and maintain within said 39 independent district, a vocational school or schools, a teachers' 40 training school or schools an evening school or schools, part-time 41 day schools, or continuation schools for pupils over the compulsory 42 school age, and it may, at its discretion, admit to any school in said 43 district as pupils therein, persons over the age of twenty-one years, 44 or establish and maintain evening schools, vocational schools, 45 teachers' training schools, summer schools or other courses of in16 struction for such pupils, upon such terms and conditions as the 47 board may prescribe.

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It shall be the duty of the board of education to employ proper 49 medical and dental inspection of all pupils attending the schools 30 of said district, to employ school nurses and to take any other 51 action necessary to protect the pupils from contagious and in52 fectious diseases, including the authority to require from all teach53 ers employed in said district, certificates of good health and of 5 physical fitness for the work of instruction in the schools; said 55 board may provide, equip and maintain a suitable room or other 56 quarters for the physical examination and treatment of said pupils 57 by competent physicians, dentists, nurses or other medical