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that section forty-one be inserted as an additional section to said chapter :

Annual levy: when and how


of taxation.

what coustitutes.

pay salary of

Annual Lery for Support of Primary Schools.

40. For the support of the primary free schools of made, and for their district, and in each independent school district,

and to pay any existing indebtedness against the “teachers' fund”, the board of education thereof shall annually on the first Monday in July, or as soon thereafter as possible, levy by the authority of the people as prescribed in section two of this chapter, such a tax on the property taxable in the district, as will, with the money received from the state for the support of free schools,

be sufficient to keep schools in operation at least five Maximum rate months in the year.

Provided), The said tax in any one year shall not exceed the rate of fifty cents on every one hundred dollars' valuation according to the latest avail

able assessment made for state and county taxation. Teachers' fund; The proceeds of this levy, together with the money re

ceived from the state as aforesaid, shall constitute a

special fund to be called the “teachers' fund”, and no To be used to part thereof shall be used for any other purpose than teachers only.

the payment of teachers' salaries, first, for the current year, and any part of said fund not so expended, shall be appropriated to the payment of any existing indebtedness created for said purpose. Upon the failure of

any board of education to lay such levy as is hereby reMandamus to quired, or any other levy provided for in this chapter, to lay levy.

they shall be compelled to do so by the circuit court of the county by a writ of mandamus, unless good. cause be shown to the contrary. But in case of the levy provided for in this and the thirty-eighth section of this chapter shall not be sufficient to pay any existing indebtedness of the district, in addition to the other purposes for which it is levied, the board may increase such levy to the amount actually necessary, or lay a special levy for the purpose, and in no case shall the appropriation of any money to the payment of any existing indebtedness, directly or indirectly, interfere with

the payment of teachers' salaries for the term of five kept open five months, for which the schools are required by law to be

kept open in each year. How continued

41. If the board of education of any district agree onger than five months; elec- that the school in their district should be continued more tion for.

than five months in the year, or if twenty or more voters

of the district ask it in writing, they shall submit the Length of time question to the voters thereof at the next general elecorder.

tion, which order shall state also the length of time for

Insufficient levy.

Schools to be


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Notice of elec

which it is proposed to continue the schools. Ballots Ballots. may be used for voting on the question, on which may be written or printed “For months' school,” for those who are in favor of more than five months' school; those who oppose a longer term than five months, may vote with a ballot having written or printed on it, "Against more than five months' school. And if the proposition for a longer term than five months have a majority of all the votes cast for and against, then the votes cast necboard shall order the levy accordingly. Provided, That essary to au

thorize levy for in any district where a poll is held for a purpose herein more than five specified, notices of such election shall be posted by the school. secretary of the board of education in at least three public places in the district, at least three weeks before tion. the day of voting; and the notice shall explicitly state the term of time for the school, which is to be voted only two terms for, and only two terms of time shall be voted for at voted for at one any one election. And the time of the term voted for at such election shall continue for two years. The poll continue two shall be held and the election conducted, and the official years. records returned as prescribed in the second section of held, etc. this chapter.

The trustees in each sub-district may, in their discre- Trustees may tion, order all the schools under their jurisdiction to be- to begin in any gin in any month in the school year.

Speaker of the House of Delegates.

President of the Senate.

of time



February 28, 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 constitu-
tion of this State, has become a law without his ap-

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.]

(House Bill No. 150.)


AN ACT to provide education for children at the place

of reception for the poor.

[Passed February 22, 1895.)

Be it enacted by the Legislature of West Virginia:

of the poor.

County courts

1. That the county court of any county or counties, authorized to establish that have a place of reception for the poor, shall have school poti place the power, at their discretion, and at the expense of the of reception Expense to be

county, to provide a suitable room or building, books, paid by the stationery, and employ a suitable teacher, to educate the county.

children at the place of reception for the poor, and the to be under su-school shall be under the supervision of the county supervision of county super- perintendent the same as the free schools of the county. intendent.

(Approved February 22, 1895.)

Such school

[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.)


AN ACT to amend and re-enact sections thirty, forty

five and ninety-six of chapter forty-five of the code of West Virginia, concerning education.

[Passed February 21, 1895.]

Code amended.

Be it enacted by the Legislature of West Virginia :

That sections thirty, forty-five and ninety-six of chapter forty-five of the code of West Virginia, be amended and re-enacted so as to read as follows:

Teacher to keep daily reg

30. Every teacher shall keep a daily register, and ister and make make monthly reports to the secretary of board of edu

cation of his district. He shall also keep a term regiswhat to show. ter, in which shall be entered the date of the commence



tendent to

tions respect

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When order


ment and termination of every term of school, the name and

age of every scholar who attended the school during said term, the daily attendance, distinguishing between males and females, the branches taught and the number of scholars engaged each month in the study of each branch, and such other particulars as are necessary to enable the secretaries of the boards of education, or directors, to make the reports required of them. The State superinstate superintendent of free schools shall prescribe such preseribe forms forms and regulations, respecting the register to be and regulakept and the reports to be made by the teachers, as shall ing register seem to him necessary.

and reports. At the close of each term the register thereof shall be

Register to be returned by the teacher to the office of the secretary of returned: the board of education for the district, who shall file the properly kept, same, and unless such register be properly kept and re- etc., what. turned, the teacher shall not be entitled to demand payment for the balance due on his salary. Teachers shall be paid monthly, and by orders on the Teachers paid

. sheriff, or collector, signed by the secretary and president of the board, which said orders when signed as aforesaid and delivered to the teacher shall be deemed at once due and payable. Where any teacher has taught due and payaccording to his contract, for one month, the trustees for the sub-district in which he has so taught, shall certify the fact to the secretary of the district board, where-trustees. upon he shall receive from said secretary an order upon the sheriff or collector of the county, signed by the sec- Hororders to retary and president of the board of education, for one month's salary; but in no case shall such order be given Order not to be unless the monthly report containing the facts required iceu, unless, in the preceding part of this section, to be shown in the term register, be first duly made out and returned to the secretary. The school month shall consist of twenty School month. days, excluding Saturday, all of which shall be devoted to teaching the school contracted for.

As a means of improving the teachers, and fitting them for more effective service in the free schools of Teachers' inthe state, teachers' institutes shall be held annually and how to be throughout the state, one or more in each county; they held, etc. shall be held at such times and places as the state superintendent shall, with the advice of the county superintendent, direct, and shall continue each for one week of five days; they shall be conducted by experienced and Conductors of skillful institute instructors, who shall be appointed by the state superintendent, but it shall be a part of the duty of the county superintendent, under the instructions of the state superintendent, to make all proper ar- County superrangements for the institutes, and to assist in conduct intendent to ing them.

Certificate of

be drawn.


stitutes: when

assist in.

Fee of instructor.

But one conductor to be

amount limited.

One examination to be held

No examination to be held,


stitutes: to

The instructors whom the state superintendent shall employ, as herein provided, shall each receive for his

services not more than twenty-five dollars for each inHow paid. stitute he may instruct, to be paid out of the general

school fund, on a proper order of the state superintend

ent, and not more than one instructor shall be paid for paid for each

each institute, but the aggregate amount of such cominstitute. Aggregate pensation for the whole state shall not exceed one thou

sand dollars.

At the close of the institutes, as herein provided, and at close of in- during the week following, the county board of exam

iners shall hold one of the two examinations prescribed in section twenty-eight:

Provided, That no examination shall be held or certietc', until clo e ficate granted until after the first day of the school

year of school year. in which said certificates are to be used.

It shall be the duty of the state superintendent to superintendent prescribe a graded course of institute work covering a as to method of period of two years, and the methods of conducting the

same, together with such other details connected thereprescribe

with as he shall deem conducive to their usefulness and study. efficiency. It shall also be the duty of the state super

intendent to prescribe a graded course of professional study covering a period of two years, which shall embrace history of education, school management, methods of teaching and educational psychology. Any teacher who has completed the graded course of institute work and the graded course of professional study and passed

a satisfactory examination thereon, and also obtained a attending in

number one teacher's certificate, shall be exempt from further compulsory institute attendance.

Any teacher not exempt from institute attendance who shall fail or refuse to attend at least one institute annually held under the provisions of this section, unless such teacher shall have an excuse therefor, sufficient in the judgment of the board of examiners to which such teacher may apply for examination, shall not be entitled to examination or be employed to teach in any free school during the year within which such failure or refusal may have occurred.

course of

When teacher exempt from


Teacher refusing, eto, to attend iustitute.

Unlawful to expend more than what.

45. It shall not be lawful for the board of education of any district, or independent school district, to contract for, or expend in any year, more than the aggregate amount of its quota of the general school fund, and the amount collected from the district or independent school district levies for that year, together with any balance remaining in the hands of the sheriff, or collector, at the end of the preceding year, and such arrearages of

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