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school property, of the said district, the person or persons so offending shall be liable to prosecution, before any court having jurisdiction within said district, and upon conviction shall be subject to a fine of not less than five dollars and costs of prosecution; and if the amount of damage done shall exceed five dollars the person or persons convicted of the offense shall be liable for the full amount thereof. It shall be the duty of the board of educa tion of said district in which the property so damaged may be located to ascertain, if possible, by whom the offense was committed, and when satisfied thereof, to cause the party or parties to be arrested and tried for the offense, and all fines and damages collected by virtue of this section shall be paid into the district treasury and be appropriated to the benefit of the building fund of said district.

Sec. 14. Admission to the various schools of said district shall be gratuitous to all children, wards, and apprentices of actual residents within said district, between the ages of six and twentyone years; provided, that the admission of pupils resident of one Iward to the schools of another shall rest with the board of education. Non-residents of the district may be allowed to attend the schools of the district upon such terms as the board of said district may determine.

Sec. 15. The secretary of the said board of education shall perform such duties and receive such compensation for his ser vices as the board may direct.

Sec. 16. The board of education of said district may borrow money and issue bonds therefor for the purpose of building, completing, enlarging, repairing, or furnishing school houses, or of buying land for school purposes in said, district. Said bonds shall be payable in not more than thirty-four years from date of issue, and the rate of interest thereon shall not exceed six per centum per annum; provided, that no debt shall be contracted under this section which shall, including existing indebtedness, in the ag gregate, exceed two and a half per centum of the taxable property in said district, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness, nor without at the same time providing for the collection of a direct annual tax sufficient to pay annually the interest on said debt, and the principal thereof, within and not exceeding thirtyfour years; and, provided, further, that no debt shall be contracted

under this section unless all questions connected with the same shall have been first submitted to a vote of the people of said district at a special or general election, and shall have received three-fifths of all the votes cast for and against the same.

Sec. 17. All acts and parts of acts concerning the Charleston independent school district are hereby repealed, and all provisions of the general school laws of the state, and all other laws which are in any manner inconsistent with the provisions of this act, shall, to that extent, not be applicable to said independent school district.

(Senate Bill No. 67.)

CHAPTER 75.

AN ACT to amend and re-enact and reduce into one, the several acts creating the Parkersburg independent school district, and fixing the compensation and commission to be paid to the sheriff of Wood county for collection of taxes for school purposes in that independent district, and providing for compulsory attendance.

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Be it enacted by the Legislature of West Virginia:

Sec. 1. The magisterial district of Parkersburg, in the county of

Wood, shall constitute one school district to be known as the "Parkersburg Independent School District."

Sec. 2. There shall be elected by the voters of the said district at the general election to be held in the year one thousand nine hundred and twelve and every four years thereafter, two commissioners; and at the general election to be held in the year one thousand nine hundred and fourteen, and every four years thereafter, there shall be elected a president of the board and two commissioners, whose term of office shall commence on the first day of January next succeeding their respective elections, and shall continue for four years, respectively, and until their successors are elected and qualified; the president and commissioners shall constitute a board of education for said district, named "Board of Education of Parkersburg District."

Sec. 3. Each member of said board shall be a qualified voter and a bona fide resident of said district and shall have been such for at least two years prior to his election; and shall be the owner of real estate which shall have been charged with district taxes in his name on the tax records of Wood county for at least two years prior to his election. The salaries of the members of the board shall be fixed by the board; provided, that the salary of the president shall not exceed five hundred dollars per annum, and the salary of each member shall not exceed three hundred dollars per annum.

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Sec. 4. Before entering upon their duties as officers, the said president and each of said commissioners shall be required to qualify by taking and subscribing to the following oath of office: "I, A -, do solemnly swear (or affirm) that I will faithfully perform the duties of president of the board of education (or school commissioner) of the school district of Parkersburg during the term for which I was elected, to the best of my ability, according to law; so help me God."

The secretary of the board of education is authorized to administer said oath, a copy of which shall be kept by him upon the files of his office.

Sec. 5. Vacancies in the office of president or commissioner shall be filled by the board at the first regular meeting after which said vacancy shall be declared by the appointment of a duly qualified person, who shall hold office until the next election, at which

time a qualified person shall be elected to fill the unexpired term caused by said vacancy.

Sec. 6. The board shall hold a meeting on the first Monday in January of each year, and thereafter at least twice each month at such time and place and on such day as the board may fix, which action shall be taken at the first meeting to be held in January and shall be entered on the records of the proceedings of such meeting; such meetings are designated as regular meetings; special meetings may be called by the president or by the secretary upon the written request of two members of the board; no business. shall be transacted at a special meeting except it be mentioned in the call, which shall be in writing and be recorded in the proceedings of such special meeting; no contract shall be made by the board in special meeting involving one hundred dollars or more unless all members of said board have had at least twelve hours' notice of said meeting by personal service of the call thereof. A majority of the board shall be necessary to constitute a quorum. Sec. 7. At the first meeting in May after the election of a president the board shall elect a secretary, whose term of office shall begin on the first day of July next succeeding his election and shall continue not to exceed a period of four years, as determined by the board, and he shall serve until his successor is elected and qualified; but he may be removed at any time for immorality, misconduct, neglect of duty, or lack of proficiency; any vacancy in the office shall be filled for the unexpired term. The secretary shall qualify by executing his bond with good security in such penalty as the board may prescribe, to be approved by the board, which bond shall be committed to custody of the president.

Sec. 8. The president shall perform such duties as ordinarily devolve upon the presiding officer of a deliberative body; by virtue of his election he shall be a member of the board, and entitled to vote on all questions submitted. In his absence the board may choose a president pro tempore.

Sec. 9. The secretary shall record in a well bound book to be provided for the purpose, all official acts and proceedings of the board, which shall be a public record open to the inspection of all persons interested therein; he shall also keep and preserve books of account which shall show the resources of the board for each current year and the funds from which the same is derived; all

credits to be charged against said resources by way of delinquents, commissions and otherwise; all disbursements made by the board and on account of what fund, and the balance to the credit of each fund, together with a descriptive entry, showing for what purpose each item of disbursement is made, which books of account shall always show the financial resources of the district and shall always be open to the inspection of any tax payer of the said district; he shall also preserve in his office all papers containing evidences of title, contract and obligations; and in general, shall record and keep in his office all records, papers and documents as shall be required by this act, and perform such duties, not inconsistent herewith, as may be prescribed by the board; he shall make such reports as are required to be made by secretaries of the board of education by the general school laws of the state; for his services he shall receive such salary to be fixed by the board not to exceed twelve hundred dollars per annum, and he may be removed at any time by a majority of the members of the board in regular session.

Sec. 10. The said board of education shall be a body corporate in law and as such may purchase, hold, sell and convey real and personal property for the purposes within the purview of this act; may receive any gift, grant, donation or devise; and as such may sue and be sued, and contract and be contracted with. The legal title to all property belonging to said school district shall be vested in said board, and it shall have the management, custody and control thereof, subject to the limitations prescribed by this act, and shall be responsible therefor.

Sec. 11. Not later than the first regular meeting in March in each year, the board shall employ a competent person, a resident of the district, to make an enumeration of all the youths resident in the said district, who shall be over six and under twenty-one years of age on the first day of July following, in the manner prescribed by the general school law of the state, which enumeration shall be verified in the manner and returned to the secretary of the board, within the time prescribed by said general school law; the board shall examine said report of enumeration at its next regular meeting after its return, and shall take such steps as it may deem necessary to verify the same, and the secretary shall certify the said enumeration to the county superintendent of schools within the time and in the manner prescribed by law.

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