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2 by orders issued by authority of the board drawn upon the treas3 urer of the county payable from the proper fund specified in the 4 order, and signed in behalf of the board of education by the 5 president and secretary of the board. Such order, when properly 6 executed shall be delivered by the secretary to the county treas7 urer for payment, who shall pay the same in the manner pre8 scribed by law.

Sec. 16. The sheriff of Taylor county, as county treasurer, shall 2 perform all the duties of such office with respect to said school 3 district and the funds belonging to said board of education that 4 are prescribed by chapter two of the acts of the legislature of one 5 thousand nine hundred and nineteen.

Sec. 17. The board of education shall have power and authority 2 to do all acts and things and make any provision necessary for the 3 educational welfare of Grafton independent district and especially, 4 in order to take advantage of any federal or state appropriations 5 of funds for educational purposes which may thereby be made 6 available for the schools of the district, and of any federal or 7 state measure of any other character enacted for the advance8 ment of education.

Sec. 18. All provisions of the general school law of the state, 2 and all acts and laws heretofore existing, which are in any man3 ner inconsistent with the provisions of this act, shall be void 4 within said school district; otherwise, the said general school law, 5 shall remain in full force and effect in this district, or elsewhere 6 in this state.

Sec. 19. All acts or parts of acts inconsistent or in conflict 2 herewith are hereby repealed.

CHAPTER 30

(House Bill No. 415-Mr. Sanders.)

AN ACT to amend and re-enact chapter sixteen of the acts of one thousand nine hundred and nine of the legislature of West Virginia.

[Passed April 26, 1921.

In effect from passage.
May 4, 1921.]

Approved by the Governor

[blocks in formation]

Be it enacted by the Legislature of West Virginia:

That chapter sixteen of the acts of the legislature of West Virginia, of one thousand nine hundred and nine, entitled: "An act to amend and re-enact chapter one of the acts of one thousand eight hundred and eighty-nine of the legislature of West Virginia, creating the "School district of Huntington,' as amended by chapter seventy-four of the acts of one thousand eight hundred and ninety-one, chapter fifty-six of the acts of one thousand eight hundred and ninety-five, chapter eighty-three of the acts of one thousand eight hundred and ninetyseven, chapter one hundred and thirty of the acts of one thousand nine hundred and one, and chapter seventy-nine of the acts of one thousand nine hundred and three; and to change and enlarge the boundary limits of said independent school district, so as to include territory within the limits of "The independent school district of Central', established by chapter eighty of the acts of one thousand nine hundred and three, and additional territory, and to abolish 'The independent school district of Central City', established by chapter eighty of the acts of one thousand nine hundred and three, and additional terri

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tory, and to abolish 'the independent school district of Central City'; as amended by chapter sixty-seven of the acts of one thousand nine hundred and thirteen, and by chapter one hundred and three of the acts of one thousand nine hundred and fifteen; and by chapter eighty-six of the acts of one thousand nine hundred and nineteen, be amended and re-enacted so as to consolidate into one act all legislation in reference to the independent school district of Huntington as follows:

Section 1. That part of the county of Cabell comprised with2 in the limits fixed and described by section two of said chapter 3 sixteen of the acts of the legislature of West Virginia, session of 4 one thousand nine hundred and nine, as such limits are extended 5 and enlarged by chapter sixty-seven of the acts of one thousand 6 nine hundred and thirteen, shall constitute, be and remain an in7 dependent school district.

Sec. 2. The board of education therefor shall be a body cor2 porate in law by the name of "the board of education of the inde3 pendent district of Huntington, in the county of Cabell", and, as 4 such, shall have perpetual succession and a seal; by that name may 5 sue and be sued, plead and be impleaded; it may purchase, hold, 6 sell or convey real and personal property for the use of the public 7 schools within the said district; it may receive any gift, grant, do8 nation or devise; it shall have the exclusive management of and 9 be vested with the title to all real and personal property for the 10 use of the public schools within the said district, and shall manage 11 and dispose of the same as, in its opinion, will best subserve the 12 interests of the said schools.

Sec. 3. The said board of education shall consist of eight per2 sons, who shall have control of all free schools within said dis3 trict. Members of said board shall be elected at the regular elec4 tion held in the city of Huntington for the election of municipal 5 officers for said city, and they shall hold their said offices for the 6 term of six years and until their successors shall have been elected 7 and qualified; provided, however, that the members of the board of 8 education of said independent district of Huntington in the county 9 of Cabell heretofore elected, pursuant to said chapter sixteen of the 10 acts of the legislature of West Virginia, session of one thousand 11 nine hundred and nine, as amended, shall continue in office and be 12 vested with all the powers and perform all the duties provided by 13 this act until the expiration of the respective terms of office of the

14 members of said board; and, provided, further, that at the regular 15 election to be held in the city of Huntington, in the year one thou16 sand nine hundred and twenty-two, for the election of municipal 17 officers for said city, four persons shall be elected as members of 18 said board for the term of six years, and thereafter in every third 19 year at the election of municipal officers for said city, four persons 20 for members of said board shall be elected for the said term of six 21 years. The nomination of candidates for the office of members 22 of said board shall be made and certified in the same manner as 23 nomination of candidates for the office of board of commissioners 24 of said city of Huntington under the provisions of the charter of 25 said city now existing, or as may be hereafter amended. Candi26 dates for the office of members of said board of education shall be 27 voted for, elected and the result of the election ascertained and 28 declared in the same manner and under the supervision of the 29 same authorities as provided for the election of members of the 30 board of commissioners of said city, by the charter of the said 31 city, now existing, or as the same may be hereafter amended; pro32 vided, however, that in no event shall there be more than two per33 sons elected to the office of members of said board of education 34 from the same political party; it being the intention of this act 35 to make and keep such board of education non-partisan and that 36 no political party shall at any time have on said board more than 37 one-half of the members elected thereto.

38 The term of office of the members of the said board of education 39 shall commence on the first Monday of June following their elec40 tion and if any member fails to qualify by making and filing the 41 oath required by section five of this act, within thirty days after 42 he shall have been declared elected, his said office shall ipso facto 43 become vacant. All contested elections for members of said board 44 shall be had and conducted in the same manner provided by the 45 charter of the city of Huntington now existing, or as the same may 46 hereafter be amended.

Sec. 4. Any vacancy occurring on said board of education 2 shall be filled by said board by the appointment thereto of some 3 eligible person from the same political party as that of the mem4 ber whose vacancy is being filled. The person so appointed shall 5 hold the said office until the next regular municipal election in the 6 said city of Huntington and until his successor for such unexpired

7 term shall have been elected at such election and shall have quali8 ified.

Sec. 5. Each member of the board of education shall receive 2 for his services as such member the sum of twenty dollars per 3 month. Before entering upon the discharge of the duties of said 4 office, each member shall make and file with the secretary of said. 5 board, an affidavit that such member will faithfully and impar6 tially perform the duties of a member of said board during the 7 term of office of such member of the said board to the best of the 8 ability and judgment of said member of said board; that such 9 member will not discharge the duties of such member of said board. 10 for the pecuniary or other gain or advantage of such member; nor 11 for the purposes, or with the aim in view, of benefiting any polit12 ical party; that such member will not be, or become interested pe13 cuniarily, directly or indirectly, in any contract which may at any 14 time be awarded by said board and that such member will not di15 rectly or indirectly receive any gift, emolument or reward for the 16 vote or influence of such member in the purchase of books or sup17 plies for the schools of said district; nor in the award of any con18 tract by said board. No person shall be eligible to hold the office 19 of member of said board who is not at the time of the election or 20 appointment of such person, a qualified voter in said city.

Sec. 6. Said board of education shall, in the month of June, in 2 every third year, beginning with the year one thousand nine hun3 dred and twenty-two, elect one of its members president of the 4 board. The president of said board now in office shall hold said. 5 office until his successor shall have been appointed, pursuant to 6 this act. The president of said board shall perform the duties. 7 usually devolving upon the presiding officer of a deliberative body 8 except that he shall have a vote upon each and every question as 9 any other member of the board, but he shall have but one vote 10 upon any one question. In his absence the board may choose a 11 president pro tempore from among their members.

Sec. 7. It shall be the duty of said board to appoint a secretary 2 thereof, who shall hold office during the pleasure of the board and 3 who shall receive such compensation as the board shall determine. 4 The said secretary shall record in a book provided for the purpose 5 all the official acts and proceedings of the board and the same shall 6 be a public record, open to the inspection of all persons interested 7 therein. He shall preserve in the office of said board all papers

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