Certain books, etc., not required.

State superin

tendent to con

lishers.

(2) Worcester's Academic

Peter's Tellurian with instruction book.

$5.00.

Provided, That no pupil or school shall be required by any board of education, teacher or trustee to use the supplementary reading books, dictation blanks, Cecilian Series of Study and Song, Peter's Tellurian with Instruction book, Globe Practical Spelling Tablet, Rand, McNally & Company's wall maps, or object drawing, unless the parent or guardian of said pupil elect to do so, and no depositary shall be required to keep the same on hands for sale.

2. The state superintendent of schools shall, on tract with pub- or before the first day of September, eighteen hundred and ninety-five, contract with the several publishers for the text-books named in the preceding section, or that may be adopted under the provisions of this act, for supplying such books for use in the free schools of the state.

Prices at which books to be

whom.

3. The text-books selected and prescribed under the sold; and to provisions of this act shall be sold by said publishers to any board of education, depositary, teacher, pupil, parent or guardian or other person of this state, at a price not exceeding the net contract price named in connection with and opposite each of said books in section one of when to begin; this act. Such contract shall be made for a period of continue. five years, beginning with the first day of July, eighteen hundred and ninety-six, and shall also provide that

Contract:

how long to

What to pro

vide.

Deposit of

perintendent.

be made, ex

furnish sched

superintend

said publishers will supply such books in sufficient quantities and in quality of paper, typography and binding equal to the sample copies exhibited to the committees on education of the session of the legislature of this state of eighteen hundred and ninety-five, and shall provide that said publishers shall deposit with said state sample books superintendent similar copies of said books, to be prop- with state suerly marked and safely kept by him. No revision of No revision to such books shall be introduced into the free schools of cept. this state during the life of the contract, except that the publishers of said geographies may make such changes therein, but not so as to alter the arrangement thereof, as may be necessary to cause such books to conform to the facts of later explorations, the changes in form of government and political divisions, and the discoveries of science. Said contract shall also provide that said publishers shall print for the information of county superintendents, boards of education and for general circulation, a full schedule of the contract prices and ex- Publishers to change prices agreed upon, and furnish to each county ule to county superintendent so many copies of such schedule as may ents. not be less than the aggregate number of school houses and places in the county where such books are sold. Such contracts with the publishers of books not now used in the schools of this state, shall provide for furn- Additional ishing such books at the exchange prices named opposite contracts with said books in section one of this act; and that said pub- No charge for lishers shall make no charge to boards of education or boxing or cartdepositaries or other persons for the boxing of cartage of such books, but shall deliver the same free on board cars at the place of publication; and that the said publishers shall at the end of the life of any contract that may be made under the provisions of this act, take back Publishers to all copies of their books that may be in the hands of books at end of said depositaries and in good condition, and refund the amount paid therefor; also that if any of said publishers shall hereafter furnish any of said books to any state, county, district or township, city or town, at less than decreased the foregoing prices, then such decreased prices shall prices if elsealso be established as a part of any contract made under lished. the provisions of this act.

provisions of

publishers

age.

take back

contract.

Proviso as to

where estab

lishers: conditions of.

4. The several publishers of the said described school Bond to be exbooks shall each, on or before the first day of Septem- ecuted by pubber, one thousand eight hundred and ninety-five, execute and file with the state superintendent of schools, a bond to be approved by the governor, in the penalty of ten thousand dollars, payable to the state of West Virginia, conditioned according to law for the faithful performance of the contract and agreement made in pursuance

Breach of:

duty of state

ent; moneys recovered for.

with this act. And upon a breach of any of the condisuperintend- tions of such bond, the state superintendent shall, in the name of the state, institute suit thereon to recover for the same. All moneys so recovered, after the payment of the costs of such proceedings, shall be paid into the general school fund and be distributed with it as provided by law.

State school book board;

ed; duties of.

5. If any publishers of any of said text books, or series of such books as are published in a series, shall fail or refuse on or before the first day of September, one thousand eight hundred and ninety-five, to agree and contract, and execute and file bond as herein before required, it shall be the duty of the governor to appoint how appoint- three persons, citizens of this state, not more than two of whom shall be of the same political party, to be known as the state school book board, to solicit proposals from any publisher for the furnishing of such books not contracted for as may be required to complete the list of text books for use in the free schools of the state; and from the books so offered, they shall select such as in their judgment are best adapted to be used in said schools, and to contract before the first day of July, one thousand eight hundred and ninety-six, for the furnishing of the same in conformity with the provisions of this act:

Proviso as to prices, etc., of books con

Provided, That said school book board shall not contract for any text-book at a price exceeding the price tracted for by. named in section one of this act for books on the same subject, but may, in their discretion, require publishers to exchange books so contracted for on a free or even exchange for those now in use.

Compensation

of.

Vacancy in.

Boards of education to ap

ries.

The said state school book board shall each receive four dollars per day each day, not to exceed twenty-five days, they are necessarily employed in carrying out the provisions of this act, and actual necessary traveling expenses, to be paid by the auditor out of the general fund, on the certificate and order of said state school book board. Any vacancy in said board shall be filled by the governor.

6. At the first meeting after the 30th day of June, point deposita- one thousand eight hundred and ninety-six, the board of education of every district in this state, shall appoint one or more depositaries in each district, and when practicable one or more depositaries at or near each postoffice, whereat shall be kept at all times a sufficient supply of text-books to supply the free schools of the neighborBond required hood. Each depositary shall execute a bond in the penalty of double the value of the books which he will

of.

probably have on hand at any time, but in no event of a less penalty than two hundred dollars; which bond shall be approved by the board of education and filed with the secretary thereof.

7. Each depositary shall, on or before the first day Duties of deof September following, unless the board of education positaries. shall name an earlier date, make out a list of the textbooks, in sufficient quantity in his judgment, to supply the schools of his neighborhood for a period of six months, and from time to time thereafter each depositary shall make out additional lists of such books so that he may at all times have a sufficient supply on hand; such lists, when approved by the board of education, or the president thereof, shall be signed by him and the secretary thereof, and by the secretary forwarded to the address of the publishers of the books therein named.

Publishers to forward books

etc.

8. It shall be the duty of said publishers promptly to forward the books therein named to such depositary, to depositaries, and to make out two invoices or bills therefor, one of which shall be forwarded to the depositary and the other to the secretary of the board of education. The board of education shall supply the secretary with a proper book in which to keep the accounts of all the deposi- Secretary of taries in the district. On the receipt of each invoice the accounts with secretary shall charge the amount thereof against the depositaries. depositary receiving the books therein named in said

board to keep

account book, and file or preserve the invoice or bill. Errors in inIf there be any error in such invoice or bill, the deposi- voices of books tary receiving the same shall promptly notify the pub-made by publisher making the same, and if such publisher fail to corrected. correct such error within ten days thereafter, such depositary shall notify the secretary of the board of education thereof, and the board of education shall investigate the same and take such action therein as may be proper and just. Each depositary shall pay to the sheriff of the county, at the end of each sixty days, or pay over their oftener if required, and whenever required by the board sheriff. of education, the amount of money received by him from the sale of such text-books, since his last previous payment, less his commission, not exceeding twelve per cent. on the account of such sales.

Depositaries to

receipts to

payments.

The sheriff shall give duplicate receipts therefor to Duties of shersuch depositary, wherein shall be stated the total amount if as to reof such sales and the amount paid by such depositary ceipts for such to the sheriff, one of which receipts shall be filed by such depositary with the secretary of the board of education; and upon receiving the same, said secretary

Secretary to

credit each de

positary with payments, etc.

amount of such

shall credit the account of said depositary with the amount appearing thereby to have been so paid by him, and the amount of said commission, by separate items; and said secretary shall charge against the account of the sheriff, which he is hereby required to keep, the amount paid by such depositary to such sheriff, to be accounted for by the sheriff in his annual settlement with the board of education. The amounts received from the sales of such books, shall be credited to the building fund. building fund of the district. Each depositary shall be Depositaries' allowed a commission not to exceed twelve per cent. on payment of the amount of all sales made by him, out of which comtransportation mission he shall be required to pay all charges for transportation.

Payments to be credited to

commission;

charges.

Liability of

boards of education for

9. The board of education of each district shall be liable in its corporate capacity for the whole amount of books bought. all such text-books furnished to the depositaries in the manner herein before prescribed, and shall within sixty books; how and days from the date of any invoice or bill of text-books

Payments for

when to be made.

Sheriffto pay such orders.

supplied by the publishers thereof to any depositary in the district, in the manner prescribed in the preceding section, cause an order to be issued in favor of such publishers, payable out of the building fund of the district, and cause such order to be forwarded by mail to such publishers. On presentation of such order to him the sheriff shall pay the amount thereof to the party entitled to receive the same, if there be in his hands sufficient funds due the building fund of said district; but if the sheriff have not sufficient of such funds to pay the same, he shall endorse on the back thereof the words, "Presented for payment", with the date of such presentation, and said order shall draw interest from If sheriff fail or that date. If the sheriff shall fail or refuse to pay such

refuse.

Cost of textbooks to be paid out of levy for.

order when he has funds in his hands, or should by law have the same, with which to do so, he shall be liable as provided in section forty-six of chapter forty-five of the code.

10. The board of education shall pay the cost of such text-books out of the building fund of the district, building fund; and shall lay an annual levy for the same upon the taxable property of the district, in the manner and at the time that other levies are laid for said fund.

State superintendent to print certain forms, etc.

11. It shall be the duty of the state superintendent of schools to prepare and have printed a form of bond to be executed by the depositaries, blank order lists for books, which shall contain the names and titles and prices of all books contracted for under the provisions