of this act, and the names and addresses of the publishers thereof, and also such other blanks, and also such instructions as in his judgment may be deemed necessary to cause the provisions of this act to be carried out in a He shall furnish to each county superproper manner. intendent a sufficient supply thereof for his county. county super 12. It shall be the duty of the county superintendent Duties of of every county, on or before the first day of July, intendents. eighteen hundred and ninety-six, to furnish to every publisher of text-books contracted with under the provisions of this act, the names and post-office addresses of all the presidents and secretaries of boards of education in his county; and he shall notify such publishers of any changes in such names and addresses as soon as they shall come to his knowledge. positaries. 13. The board of education may remove any depos- Power of itary in its district at any time, and appoint another in boards over dehis stead; may require him to execute a new bond, or additional bond, whenever in their opinion they shall deem it necessary, and may cause to be made at any time an invoice of said text-books in the possession of any such depositary. It shall be the duty of every depositary, whenever the board of education shall so order, Duty of deposito turn over to his successor, or such other person as ders of board. the said board may name, all such text-books in his possession. taries as to or Exchange of books; duty of 14. Depositaries shall receive from any resident of this state copies of the books that are or may be super- depositaries seded by the provisions of this act, at the contract ex- concerning. change prices, named in section one of this act or as provided for under the provisions of section five of this act, to be applied on payment of the prescribed books. Each depositary shall turn over all such old books to the board of education at such times as said board may direct, and shall be credited on his account with the value thereof. Said old books shall be held by the board of education subject to the orders of the Disposition of publishers, for a period of not longer than three ceived in exmonths. old books re change. thorized text 15. If any teacher in a primary or graded school of the free school system of the state use or cause to be used in such primary or graded school, any text-books Use of unannot herein authorized, then in any such case or instance, books; right of any publisher of a text-book which should have been of state superused in the place of such unauthorized text-books may therein. apply to the state superintendent of free schools for an publisher; duty intendent Mandamus to compel state superintendent to act. order signed by him, to be directed to such teacher requiring the use of such unauthorized class-book to be discontinued; which order it shall be the duty of the state superintendent of free schools to give to such publisher upon his affidavit or that of his agent setting forth the name of the teacher, the location and character of the school, the title or the name of the unauthorized text-book, and stating that such teacher is using such unauthorized text-book in such school. 16. If the state superintendent of free schools shall refuse to give to any publisher entitled thereto, such an order within fifteen days after application made therefor, such publisher shall, if the facts stated in the affidavit are true, be entitled to a mandamus from the supreme court of appeals to compel the state superintendent of free schools to give such order. In any proceedings in mandamus brought hereunder, it shall be Duty of attor- the duty of the attorney general to act as counsel for the state superintendent of free schools, but such proceedings shall be at the cost of such publisher, and in no case shall costs be recovered against the state superintendent or against any teacher. ney general therein Penalty on teacher for dis 17. If any teacher shall disobey any order issued by obeying order the state superintendent of free schools under the proof state super-visions of section four of this act, such teacher shall cerning use of forfeit ten dollars, and it shall be the duty of the board intendent con unauthorized text-book. Certain books declared Eng of education of the district where the teacher is employed to retain that amount out of the salary of such teacher, which amount so forfeited shall be paid into the teachers' fund of such district. 18. Hyde's Lesson Books I and II, and Hyde's Adlish grammars. vanced Lessons in English, are hereby declared to be English grammars within the meaning of all the provisions of chapter forty-five of the code of West Virginia. Penalty for violation of this act. Acts repealed. 19. Any publisher, school officer, teacher or other person violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined for each offense not less than ten dollars or more than fifty dollars. 20. Section 58 and 58a of chapter 45 of the code of West Virginia, and all other acts or parts of acts inconsistent with the provisions of this act, are hereby repealed. (Approved February 22, 1895.) [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.] (Senate Bill No. 40.) CHAPTER 38. AN ACT to establish a preparatory branch of the University of West Virginia at Montgomery, Fayette county. [Passed February 16, 1895.] Be it enacted by the Legislature of West Virginia. gomery; its 1. There shall be established a school at Montgom- School estabery, in the county of Fayette, to be called the prepara- lish d at Monttory branch of the West Virginia University, by which name. name it shall have and hold all the property, funds, investments, rights, powers and privileges granted by this Its powers. act, by bequest, private subscriptions, donation or otherwise. for buildings. 2. It being estimated that the sum of ten thousand Appropriation dollars will be needed for the purpose of the erection of suitable buildings and the purchase of a site for said school, therefore the sum of five thousand dollars payable out of the revenues of this fiscal year, one thousand eight hundred and ninety-five, is hereby appropriated out of any money in the treasury, to be expended under the directions of the board of regents of said school for said purpose. For the government and control of said school there shall be a board of regents consisting of the trolled by a state superintendent of free schools and the members of ing of state suthe board of regents of the West Virginia University. perintendent As such they may sue and be sued, plead and be im- university. pleaded, contract and be contracted with and have a common seal. To be con board consist and regents of board. 3. Said board shall have all the powers to act and Powers of shall act and be controlled according to and under the laws of chapter forty-five of the code of West Virginia, governing the board of regents of the West Virginia University, except as herein limited by this act, Buildings: site: when to 4. Said board of regents shall as soon as this act be completed. takes effect, let to contract and provide for the erection of suitable buildings upon the site selected and furnished for said school by the citizens of the town of Montgomery, Fayette county. Said buildings to be completed and said school opened not later than the first day of When school to September, one thousand eight hundred and ninety-six. Said board shall provide suitable books, furniture and apparatus necessary for the successful operation of said vide books, etc. school, all of which shall be paid for as herein provided. be opened. Board to pro Property, etc., to be vested in the board. What to be taught in school. 5. That the property in all grounds, buildings and improvements erected under the provisions of this act, shall be vested in the board of regents of said schools, to be used and controlled, as in like manner, is the property of the West Virginia University used and controlled by its said board of regents. 6. There shall be taught in said school such branches of learning as are taught in the preparatory department of the West Virginia University and in the normal schools in this state; but no student shall receive instructions free of tuition in any of the branches herein Students ad- designated, except as to such as are taught free in the preparatory department of the University of West Virginia. mitted free. Board to emplov teachers and officers: how paid. Pay students. Distribution to be made of from tuition, 7. It shall be the duty of the said board of regents to employ and fix the salaries of a sufficient and competent corps of teachers and other necessary officers. Said teachers and officers to be paid as is provided by law for the payment of teachers and officers of the West Virginia. University. 8. All students of this or other states desiring to take other branches of study than those designated in said preparatory courses or take other course of study in said school shall pay such tuition as shall be hereinafter fixed by the faculty of said school. 9. All money arising from tuition, matriculation money arising fees or otherwise coming into the hands of the treasurer of said school shall be used and applied to the payment of the teachers' salaries and other liabilities of said school. etc. WILLIAM SEYMOUR EDWARDS, Speaker of the House of Delegates. WM. G. WORLEY, President of the Senate. STATE OF WEST VIRGINIA, February 27, 1895. I certify that the foregoing act, having been presented to the governor for his approval, and not having been returned by him to the house of the legislature in which it originated within the time prescribed by the Constitution of this State, has become a law without his approval. W. E. CHILTON, Secretary of State. [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES. The foregoing act takes effect at the expiration of ninety days after its passage.] (Senate Bill No. 33.) CHAPTER 39. AN ACT to amend and re-enact sections four, five and nine of chapter seventy-one of the acts of eighteen hundred and seventy-one. [Passed February 1, 1895.] Be it enacted by the Legislature of West Virginia : That sections four, five and nine of chapter seventy- Acts amended. one of the acts of eighteen hundred and seventy-one, be amended and re-enacted so as to read as follows: steward. ron, etc., to re 4. The said board may, when they deem it necessary, Board to elect elect a steward; and the principal and matron shall re- where princiside in the institution, and the steward and teacher in or pal and matnear it. All salaries shall be fixed by the board of re- side. gents, and shall be paid monthly or quarterly, as the board may deem proper, out of the fund appropriated paid. by the legislature. Board to fix salaries; how ploy visiting 5. The board of regents shall employ as visiting Regents to emphysician of the institution a physician of reputable physician. standing in his profession, and it shall be his duty to render all medical assistance necessary to its inmates, His duties. and fix his salary, not to exceed three hundred dollars, to be paid in the same manner as a teacher. |