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taxes as may be due such district or independent school


cities having

row money,

bonds issued

payable out o

But in districts wherein there is a town or city with Towns and an enumeration of youth of school age of three hun- 300 or more pudred or over, the board of education of such district pils may bormay borrow money and issue bonds therefor for the etc.; for what. purpose of building, completing, enlarging, repairing or furnishing school houses, in such town or city. Said bonds shall be payable not exceeding ten years from Character of their date, and the rate of interest thereon shall not ex- therefor. ceed six per centum per annum, but in no other case No other debt shall any debt be incurred by such board to be paid out to be incurred of school money for any subsequent year: Prorided, a subsequent That no debt shall be contracted under this section which year. shall, including existing indebtedness, in the aggregate, exceed five per centum on the value of the taxable Extent of levy. 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 the said debt, and the principal thereof within and not exceeding debt to be paid thirty-four years; and, provided further, that no debt in thirty-four shall be contracted under this section unless all questions All questions

Principal of


ber of votes.

connected with the same shall have been first submitted to be submitted to a vote of the peeple of the said district, and have re- to a vote. ceived three-fifths of all the votes cast for and against Requisite numthe same. Such election shall be held and conducted in the same manner as the general school election provided held and confor in this chapter.

Election; how


incur debts.

ble if they do

If the trustees of any district, or any board of edu- Trustees and cation, shall make any agreement for the employment of boards not to a teacher in violation of this section, or for any other object concerning free schools under their charge, so as to occasion thereby the aggregate of the just claims against the board of education of the district, or independent school district, in any year, to exceed its aggregate receipts, as aforesaid, for such year, such board of education, or trustees, shall be individually responsible Personally liato the teacher, or other person with whom such agree- so. ment is made. The board of education of each district, and inde- Boards to rependent school district, in each county, shall require its retary to pubsecretary, ten days prior to the first day of July, in each lish itemized year, to prepare and post at three places of election expenditures. within said district, or independent school district; and in each school district, and independent school district where the expenditures for all school purposes in any one school year in said district shall equal or exceed the sum of three thousand dollars, said board of education

quire the sec

statement of

What such statement to


President of board of re

gents of nor

mal school to

certain mat


How amounts

due nor.nal

schools paid.

priation for

shall also publish in some newspaper of the county having a general circulation in the district, an itemized statement, duly sworn to by the president and secretary of said board, showing all moneys disbursed by said president and secretary by orders on the sheriff, or otherwise, within the school year last preceding, distinguishing between the teachers' fund and building fund. The statement shall give the name of each person to whom an order shall have been issued, and shall state the object for which it was given.

96. The president of the board of regents of the state normal school and its branches, upon the receipt furnish auditor of the reports required in the ninety-fifth section of this with reports of chapter, shall furnish the auditor of the state with the number of non-paying normal pupils in actual monthly attendance in each of the said normal schools, and the number of months in actual attendance, upon the receipt of which report, and upon the requisition of the president of the board of regents, the said auditor shall issue to the executive committee of each of said schools, warrants upon the treasury of the state for the amount due said schools, at the rate of three dollars and fifty cents per month for every non-paying normal pupil reported as in monthly attendance. A sum not to exceed thirtyAnnual appro- two hundred dollars each year is hereby appropriated to normal schools. each of the normal schools, payable out of the treasury of the state. The state superintendent of free schools State superin- shall, if possible in every year, make arrangements range for train- with some suitable institution of learning in this state teachers. for the education and normal school training of a number of colored teachers, in the proportion to the colored population of the state which the non-paying white students in the normal schools bear to the white population of the state; but the amount to be paid for each of said colored teachers shall not exceed the sum herein specified for each non-paying white student; and an additional sum to the extent necessary to pay the tuition Appropriation of said colored students is hereby appropriated, payable out of the treasury of the state in each year, as provided for in the next section, upon the requisition of the state superintendent of free schools.

tendent to ar

ing colored

Amount to be paid there for.


WILLIAM SEYMOUR EDWARDS, Speaker of the House of Delegates.


President of the Senate.

February 28, 1895.

I certify that the foregoing act, having been presented to the governor for his approval, and not having been returned to the house of the legislature in which it originated within the time prescribed by the Constitution of the 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.]

(House Bill No. 148.)


AN ACT to amend and re-enact section seven of chapter seven of the code of West Virginia, relating to the removal from office of county and district officers.

[Passed February 14, 1895.]

Be it enacted by the Legislature of West Virginia:

That section seven of chapter seven of the code of West Virginia be amended and re-enacted so as to read 7. section 7, as follows:

Code, chapter


acts 97 "ch46.

district officers

7. Any county or district officer may be removed County and from office for official misconduct, incompetence, may be rehabitual drunkenness, neglect of duty or gross im- moved; for morality. Such removal, in case of the clerk of the circuit court, prosecuting attorney, sheriff, surveyor of lands, and county commissioners, shall be made By circuit by the circuit court of the county; and in case of court. the clerk of the county court, superintendent of free schools, assessors, justice of the peace, and constable, By court. either by the circuit court or the county court of the county. The charges against any such officer shall be reduced to writing and entered of record by the court, and a summons shall thereupon be issued by the clerk of such court containing a copy of the charges, and re


charges, sum-
mons, etc.

quiring the officer named therein to appear and answer the same on a day to be named therein, which summons may be served in the same manner as a summons commencing an action may be served, and the service must be made at least five days before the return day thereof. And the court may, in its discretion, suspend any such Court may sus- officer from the discharge of the duties of his office, and place the records, papers and property of his office during such suspension, in the possession of some other officer or person.

pend officer,


(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.

Board empowered to issue bonds.

For what purpose.

Maximum rate. of interest.

When payable.

Bonded debt limited.

(House Bill No. 58.)


AN ACT to authorize the board of education of the independent school district of the city of Moundsville, in the county of Marshall and state of West Virginia, to issue and sell bonds for the purpose of raising money for the erection of a public school building.

[Passed February 11, 1895.]

Be it enacted by the Legislature of West Virginia :

1. The board of education of the independent school district of the city of Moundsville, in said state and county, is hereby authorized and empowered, at any time within three years from the passage hereof, to issue and sell the bonds of said district, and with the proceeds erect a public school building within and for the use of said district; such bonds to bear interest at a rate not exceeding six per centum per annum, and to become payable in not less than five nor more than twenty-five years from the date thereof.

2. No indebtedness incurred under this act shall exceed, when added to any existing indebtedness of said district, five per centum of the value of the taxable

property of said district, such value to be ascertained by the next preceding assessment made with reference to state and county taxes; nor shall such bonds be issued without due provision for the assessment and collection of a direct annual tax sufficient to pay annually the interest thereon and the principal thereof at their ma- terest. turity; nor unless all questions connected therewith shall have been first submitted to a vote of the qualified Election to be voters of said district, and three-fifths of the votes of all the votes cast at such election shall have been in favor of such issue.

Payment of in


sued; denom

3. When the said board shall deem it expedient to Bonds: how isexercise the power hereby conferred, an order shall be ination of. made and placed upon the minutes, at a general meeting, specifying the purpose, amount and denomination of the bonds proposed to be issued, the date of maturity and the plan adopted to meet the payment of the principal and the accruing interest. Such bonds shall be of the denomination of one hundred dollars or of a multiple thereof.


4. The board may provide in such order for the pay- Payment of ment, after three years, of the principal of one or more of such bonds in each year, so that when they become payable according to their face not more than one bond will remain unpaid or unprovided for; or a sinking fund may be created with a view to the payment of the Sinking fund. aggregate of principal when they become so payable.

Notice of the


5. At least four weeks before the election to take the sense of the voters as to the proposed issue of bonds, the election; how president of the board shall issue his proclamation to the voters of the district, notifying them of the time and places of holding the same, and the object and purpose thereof, embodying therein a copy of said order, and such proclamation shall be inserted once a week for four weeks next previous to the day designated, in the different newspapers published in the district, and posted for a like period at the front door of the court house and at three or more other public places in the city of Moundsville.

6. Such election shall be held and conducted in the How election held and consame manner as the municipal election of the city of ducted. Moundsville, on some day, not exceeding two years from the passage of this act, to be designated by the board of education, and at the usual places of voting in said district, and shall be held and conducted by the officers appointed by the board of education to hold such election, in accordance with the law of the state and the

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