73 north 80° 30' west 30 perches to a large maple on the south side 74 of the pike, thence south 86° 30′ west 52.12 perches to a stake 75 in the Rohrbaugh's field, thence south 77° west 128.84 perches, 76 to a large maple on the south side of the Baltimore and Ohio 77 railroad, thence south 72° west 30 perches, crossing the Tygarts 78 Valley river to the beginning, containing 1,300 acres. Sec 2. At the election in the year one thousand nine hun2 dred and twenty-two, held for county superintendent and other 3 school officers, to be held in pursuance of law, it shall be the 4 duty of the boards of education of said Barker and Valley 5 districts and the independent school district of Belington to 6 submit to the voters residing in said Barker, Valley and Belington independent school districts, the question of the adoption or 8 rejection of the provision of this act. Those voting in favor 9 of the re-establishment of said independent district shall have 10 written or printed on their ballots. "For the re-establishment of 11 Belington independent school district," those voting against the 12 re-establishment thereof shall have written or printed on their 13 ballots the words, "Against the re-establishment of Belington 14 independent school district." The election shall be conducted 15 and the results ascertained and declared by the same officers 16 conducting the election for county superintendent and other 17 school officers on that day. Sec. 3. At the general election in one thousand nine hun2 dred and twenty-two there shall be elected by the legal voters 3 residing in the boundaries of said territory of said proposed in4 dependent school district, a board of education for said inde5 pendent school district consisting of three members who shall 6 be a corporation by the name of the board of education of the 7 independent school district of Belington, and by that name may 8 sue and be sued, plead and be impleaded, contract, purchase 9 and hold so much real and personal property as may be neces10 sary for the purpose of this act; and without any transfer or 11 conveyance they shall be deemed the owners of all real and per12 sonal property within the territory aforesaid, now held or owned 13 for free school purposes; and they shall have the powers, per14 form all the duties, and at the said election a president and one 15 commissioner shall be elected for the term of four years and one 16 commissioner for the term of two years; in the general election 17 of one thousand nine hundred and twenty-four, one member 18 shall be elected whose term of office shall be four years, then at 19 each general election thereafter one or two members shall be 20 elected for the offices expiring in their order whose term of office. 21 shall be four years. The oldest member in point of service 22 shall be chosen president of said board, provided, that by unani23 mous vote of the said board another member may be chosen the 24 president. In case of a tie vote for this office or should a vacancy 25 occur the office shall be filled as provided in the general law. Sec. 4. The said board of education at their first meeting 2 after their election shall appoint a secretary, who shall not be a 3 member of the board; who shall perform all the duties of a 4 secretary of a board of education prescribed in the general school 5 law; and in addition thereto shall make an enumeration of 6 youths of the said independent school district, between the ages 7 of six and twenty-one years of age, at the time required by the 8 general school law, and according to the provisions therein con9 tained, in relation to making an enumeration of youths. The 10 salary of said secretary shall be fixed by the board to be paid 11 out of the building fund for the said independent school district. Sec. 5. It shall be the duty of the board of education of the 2 said independent district to hold their annual meeting and other 3 meetings in accordance with the general law. Sec. 6. In levying taxes for school purposes to, said board of 2 education shall be governed in every respect by the provisions of 3 the general law. Sec. 7. The board of education of said independent school 2 district shall be empowered, any time within three years from 3 the passage of this act, to issue bonds for the purpose of erect4 ing public school buildings for use of said independent school 5 district. Said bonds shall draw no greater rate of interest 6 than six per cent, per annum, and shall be made payable in not 7 less than one and not exceeding twenty years; provided, that 8 such indebtedness shall not exceed five per cent of the value of 9 the taxable property in said independent school district to be 10 ascertained by the last assessment made for state and county 11 taxes, next before the incurring of said indebtedness; nor with12 out, at the same time, providing for the collection of a direct 13 annual tax sufficient to pay annually the interest on such in14 debtedness, and the principal thereof within and not exceeding 15 twenty years; and provided, further, that no debt shall be con16 tracted under this act unless all questions connected with the 17 same shall have first been submitted at a general school election, 18 in the manner prescribed by law, to a vote of the people resi19 dent in the territory of said proposed independent school dis- . 20 trict, and have received three-fifths of all the votes cast for 21 and against the same. The said election shall be held at the 22 same time and place by the officers of the election of common 23 school officers. Sec. 8. Chapter twenty of the act of one thousand eight 2 hundred and ninety-three or other acts or parts of acts incon3 sistent with this act are hereby repealed when this becomes ef4 fective upon the election and qualification of the new board to 5 be elected as provided herein. CHAPTER 34 (House Bill No. 534-Mr. Stathers.) AN ACT to amend and re-enact section two of chapter ninety-two of the acts of the legislature of West Virginia of one thousand eight hundred and sixty-seven, as amended by chapter forty-seven of the acts of the legislature of West Virginia of one thousand eight hundred and sixty-eight, as amended by chapter thirty-eight of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-nine, relating to the school district of Clarksburg. [Passed April 6, 1921. In effect from passage. April 9, 1921.] Approved by the Governor (e) (1) (c) Two members of board to be (g) Primary nominations for board members: how conducted; separate ballots for. (h) Elections; result certified; certificates issued; the votes; contests. Duties of ballot commissioners. Be it enacted by the Legislature of West Virginia: That section two of chapter ninety-two of the acts of the legislature of West Virginia of one thousand eight hundred and sixtyseven, as amended by chapter forty-seven of the acts of the legislature. of West Virginia of one thousand eight hundred and sixty-eight, as amended by chapter thirty-eight of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-nine, be amended and re-enacted so as to read as follows: Section 2. (a) The board of education of said district shall 2 consist of three members who shall be elected by the qualified vot3 ers resident therein, and no two of whom shall reside in the same 4 ward in the city of Clarksburg, West Virginia, while serving as a 5 member of said board. They shall be vested with the same rights, 6 exercise the same powers, perform the same duties and be governed 7 by the same laws by which boards of education elsewhere in the 8 state of West Virginia are or may hereafter be governed except in9 sofar as modified by the provisions of this act. 10 (b) The members now constituting the board of education of 11 said district shall continue in office until the expiration of the 12 respective terms for which they were elected. The qualified voters 13 of said district at the election to be held for elective city officers of 14 the city of Clarksburg on the third Tuesday in April, one thousand 15 nine hundred and twenty-one, shall elect one member of said board 16 of education who shall serve for the term of six years beginning on 17 the first day of July, one thousand nine hundred and twenty-one. 18 (c) At the city election to be held on the third Tuesday in 19 April, one thousand nine hundred and twenty-three, there shall be 20 elected two members of said board of education. The candidate 21 receiving the highest number of votes cast at said election for at 22 member of the board of education shall serve for the term of six 23 years, and the candidate receiving the next highest number of votes 24 cast at said election for a member of the board shall serve for the 25 term of two years beginning on the first day of July, one thousand. 26 nine hundred and twenty-three; and bi-ennially thereafter there 27 shall be elected one member of said board of education to serve for 28 a term of six years beginning on the first day of July next following 29 the date of election. 30 (d) The vacancy caused by the expiration of the term of Rob31 ert M. Morris on June thirtieth, one thousand nine hundred and 32 twenty-two, shall be filled by appointment by the remaining mem33 bers of the board of a member who shall serve until the thirtieth 34 day of June, one thousand nine hundred and twenty-three. 35 (e) Said elections shall be conducted by the officers who shall 36 conduct the city elections for the city of Clarksburg without addi37 tional compensation, and in all respects said elections shall be a 38 part of the city elections; provided, that all the qualified voters of 39 said school district residing within the corporate limits of said city 40 shall vote for a commissioner or member of the board of education 41 in their respective precincts or wards of said city, but no person re 42 siding in said city and outside the limits of said school district 43 shall be permitted to vote for a commissioner or member of the 44 board of education; and provided, further, that all the qualified 45 voters of said school district residing outside the corporate limits. 46 of said city shall vote for a commissioner or member of the board 47 of education at the office of the city council. Separate ballots, poll 48 books and ballot boxes shall be supplied by the board of education 49 for taking the votes for a commissioner or member of the board of 50 education at the several voting places in said city, but within said. 51 school district only. 52 (f) The commissioners of election shall certify the result of the 53 balloting for a member or members of the board of education of 54 Clarksburg school district to said board, and the said board shall 55 issue a certificate of election to the person or persons entitled there56 to within five days after any election. In case of a tie in the vote 57 for a member of the board of education, the persons so tieing shall 58 decide which shall be entitled to the office by casting lots. All 59 contests concerning the election of a member of a board of educa60 tion shall be heard and determined by the board. 61 (g) All candidates for membership of the board of education 62 shall be chosen at the primary election to be held for the purpose of 63 nominating candidates for city offices in the city of Clarksburg. 64 Such primary elections shall be conducted by the election officers 65 appointed by the city council, and as far as applicable in other re66 spects in the same manner as provided herein for the election of a 67 commissioner or member of the board of education. In taking the 68 vote for candidates for membership of the board of education a 69 separate ballot from that used for nominating candidates for city 70 officers shall be used. 71 (h) The ballot commissioners for the city of Clarksburg shall 72 cause to be printed and supplied at the respective voting places bal73 lots to be used in primary elections and in general elections for the 74 nomination and election of members of the board of education of 75 said Clarksburg school district, the expense thereof to be paid by 76 said school district. |