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to nominate re


mission stu

may appoint

The governor shall nominate for the approval of the When governor senate, as soon after the passage of this act as may be, gents. the nine regents herein provided for, and in the year one thousand eight hundred and ninety-seven during the regular session of the legislature, and every second year thereafter during the session of the legislature, he shall nominate, and by and with the advice and consent of the senate, appoint three regents in the place of the class whose term shall expire in such year. The governor may, in like manner, fill any vacancy that may How times

Vacancies; occur in said board; and any one appointed a regent by him during the recess of the senate shall be a regent until the next session of the senate thereafter. And the terms of office of the present board of regents shall expire on the thirtieth day of May, one thousand eight When term of hundred and ninety-five.

82. Besides prescribing the general terms upon Powers of which students may be admitted, and the course of in-board as to adstruction, the regents are still further empowered to ad- dents. mit as regular students or cadets of said university not more than one hundred and forty-four students, of whom each regent may appoint not more than sixteen Each regent who are not less than sixteen years of age nor more sixteen cadets; than twenty-one, whose term of service shall not be less term of whose than two nor more than five years, which appointment of good moral shall be made upon undoubted evidence of good moral character and sound physical condition, but not more than twelve cadets shall be appointed from any sena- district, nor torial district and not more than five from any one from any county.

87. The “West Virginia State Normal School,” state normal established under and by virtue of the act passed Febru- school torer ary twenty-seventh, one thousand eight hundred and shall College. sixty-seven, entitled "An Act for the Establishment of a State Normal School,” shall be and remain at Mar

shall College, in the county of Cabell, as provided in • said act, and all the provisions of said act, and all other

acts in relation thereto, shall be and remain in full force, except so far as the same may be altered by this chapter. For the government and control of said school and its branches there shall be a board of regents, consisting school bow of the state superintendent of free schools, together with one person from each congressional district in the state, to be appointed by the governor as hereinafter provided, who shall be called the “Regents of the State Normal School," and as such may have a common seal, sue and be sued, plead and be impleaded, contract and be contracted with, and take, hold and possess real and person

service; to be

character, etc.; not more than twelve from any senatorial

more than five


main at Mar

Regents of state normal



Powers of

Certain conveyances of

to vest in the


Powers conferred on regents.

al estate for the use of said school. The transfer and conveyance by the board of supervisors of Cabell county

of lands and buildings of Marshall ('ollege and of the lands legalized. real estate heretofore conveyed by the ('entral Land

Company of West Virginia to the regents of said school In case school heretofore appointed, is hereby accepted, confirmed and removed land legalized. But in case the said school should at any county court of time hereafter be removed from the said Marshall ColCabell county lege, the said property so conveyed shall revert to and

be vested in the county court for the use of the said Board of re- county of Cabell. The said board of regents shall be

be appointed by cop appointed by the governor, and equally divided between hor; terms of the two dominant political parties, on or before the first

day of June, one thousand eight hundred and ninetyfive, one of whom shall serve one year, one two years, one three years and one four years, and upon the expiration of said term of service he shall appoint one for the full term of four years as hereinbefore provided.

88. The said school shall be under the general supervision and control of the said regents. They shall have full power and authority to adopt and establish such bylaws, rules and regulations for its government as they may deem necessary and proper, to effect the object of

its establishment, not inconsistent with the laws of this As to number state. They shall fix the number and compensation of the tion or teach teachers, and others to be employed therein, and appoint ers and other and remove the same; prescribe the preliminary examemployes, etc.

ination of pupils, and the terms and conditions on which

they shall be received and instructed in said school; Proviso as to Provideil, that all pupils admitted free of tuition to any

one school, shall not exceed in number the whole number appointed to such county for admission to all normal schools of the state; the branches of learning to be taught in each department thereof; and shall determine the number of pupils to be received in the normal department of said school from each county or judicial circuit of this state, conforming as nearly as possible to

the ratio of population therein, and the mode of selectPupils admit- ing them. The pupils admitted into the normal departmal depart- ment of said school shall be admitted to all the priviprivileges. leges thereof, free from all charges of tuition, or for

use of books or apparatus; that every such pupil shall Such students pay for all books lost by him or any damage done by bookslost, etc.; him to such books or apparatus; and any pupil in said

school may be dismissed therefrom by said regents, or

by the executive committee,' subject to the approval of State superin-the regents, for immoral or disorderly conduct, or from pare di lomas; neglect or inability to perform his duty. The state su

perintendent of free schools shall prepare suitable di


number of free students.

ted into

ment: their

pay for

may be dismissed.

who entitled to them.

plomas to be granted to the students of the normal department of said school who have completed the course of study and discipline prescribed by said regents. The Regents may said regents may establish a pay department in said establish pay school whenever the accommodations thereof will admit of the same, and may admit into such department so many paying students as can be accommodated therein from this or any other state, whether they desire to become teachers of schools or not.

They may cause to be taught in the said department What branches of said school, all or any of the branches of learning therein. usually taught in colleges and seminaries, and for that purpose may establish therein the necessary professorships.

They may also make all the necessary rules and regu- Rules; lations for the government of said department and prescribe the tuition and the terms and admission therein. tain, etc. The said school shall continue to be called and known by the name of "Marshall College."

gents to make and prescribe cer


(Approved February 14, 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. 95.)


AN ACT to amend and re-enact section 29a of chapter

forty-five of the code in relation to state board of examiners.

[Passed February 11, 1895.]

Be it enacted by the Legislature of West Virginia :

That section 29a of chapter forty-five of the code be Code amended. amended and re-enacted so as to read as follows :

whom to con

29a. There shall be a state board of examiners State board of which shall consist of four competent persons, one from Haminers: each congressional district, to be appointed by the state sist. superintendent of free schools. The term of office of Term of office such examiners shall be four years, and vacancies in said vacancies; how



May issue two


first class certificates.

board shall be filled by the state superintendent of free schools. Said board shall meet at two different places, at least, in each congressional district in each year, for the purpose of making the examinations and granting the certificates provided for in this act, and any three of said members shall constitute a quorum.

II. The board thus constituted may issue two grades Frades of cer- of certificates to such as are found to possess the requichalitions atat site scholarship, and who exhibit satisfactory evidence

, etc.

of good moral character and of professional experience Renewal of

and ability, as follows: First class certificates for twelve years ; second class for six years. Any person holding a certificate of the first class, who shall have taught for eight years of said twelve years, shall be entitled without examination to have the same renewed at the expiration of the said twelve years. The second class to be issued to applicants of satisfactory attainments in the branches required for county certificates, and in addi

tion, not fewer than four other branches to be deterSecond class to mined upon by the board. The second class certificates

shall be issued upon application, without examination,

to graduates of the state university of West Virginia, schools; when. of the Peabody normal college of Tennessee, of the ; .

state normal school and its branches of West Virginia, and of other schools in this state whose grade of work is equal in all respects, in the judgment of the board, to the state normal school and its branches, when graduates shall have presented to the board satisfactory evidence that they have taught successfully three years in the state under a number one county certificate, two of

which said three years shall immediately precede the aping taught four plication for such certificate. Teachers who shall pre

sent to the board satisfactory evidence that they have entitled to first taught successfully four years under a second class

certificate, shall be entitled to receive without examination a first class certificate at the expiration of the second class.

The board shall keep a record of the proceedings, io scord; what showing the number, date and duration of each certifi

cate, to whom granted, and for what branches of study, Annual report and shall report such statistics to the state superintendto state super- ent annually, on or before the thirtieth day of Septem


be issued to graduates of certain

years under second class


Board to keep

to .

Certificates to be counter

TIT. All certificates issued by such board shall be signed by su- countersigned by the superintendent of free schools; perintendent.

and such certificate shall supersede any and all other exEquivalent to aminations of the persons holding them, by any board

of examiners, and shall be equivalent to a number one


school district.

certificate granted by a county board of examiners, and valid in any shall be valid in any school district in the State, unless revoked by the state board for good cause.

IV. Each applicant for a certificate shall pay the Fee for examboard of examiners a fee of five dollars.


of examiners.

V. The board of examiners shall each receive a com- Compensation pensation of five dollars per day actually and necessarily spent in conducting the examinations, and for one day to be spent in consultation and in preparing for their duties, and six cents per mile for each mile necessarily traveled in going to and returning from the place of examination. This compensation shall be paid out of How paid. the fees received from the teachers examined, and shall in no case exceed the amount so received. Said board shall, at the end of each school year, make and return to state superto the state superintendent of free schools, a detailed what to conand certified account of the names of all applicants for tain. examination, the amount of fees received, the amount paid out to the members of the board, and the balance, to be paid to if any, shall be paid over to the treasurer of the state, to state treasurer; be placed to the credit of the distributable school fund. thereof

Annual report

Excess of fees

(Approved February 20, 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. 57.)


AN ACT to amend and re-enact section forty of chapter

forty-five of the code and to insert section forty-one as an additional section in said chapter, concerning education.

[Passed February 19, 1895.]

Be it enacted by the Legislature of West Virginia :

That section forty of chapter forty-five of the code Code amended. be amended and re-enacted so as to read as follows, and

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