payment of such tuition as they may prescribe, and make all necessary rules and regulations for the admission of pupils therein; and for the examination that pupils must pass preparatory to admission into schools of higher grade; and to purchase and condemn all necessary real estate for school house or college sites, and do any other act for the good government of said schools.

8. It shall be the duty of the said board of education, of Assessment the school district aforesaid, to determine, at their first for school meeting in July of each year, as near as practicable, the purposes. amount of money necessary in addition to all other available funds, which ought to be expended for school purposes in the said school district for the succeeding year, for which amount the said board shall levy a tax upon the property included in said district, and the residents thereof, and collect the same, and a lien is hereby declared to exist on the real estate of the said district for all taxes levied thereon; and the said board shall carry into effect the provisions of this act in the same manner as other school tax is collected, under the provisions of the general school law of this State.

used.

9. The taxes to be raised as aforesaid for school purpo- Amount of ses in said school district, shall not exceed the amount as taxes; how prescribed by law for township school purposes, and the amount so levied and collected as aforesaid may be used entirely for educational purposes, or entirely for building purposes, or partly for either, as the board of education may from time to time determine, but shall not be used any other purposes.

for

10. The treasurer of said school district shall be allow- Treasurer; his ed a commission of three per cent. upon all monies collec- commission. ted and paid over, and not more; and it is further provided that said treasurer shall receive an additional commission of two per cent. upon all taxes, the defalcation upon the payment of which shall render it necessary to collect by justice's warrant or distraint.

11. The property, real and personal, within the school Property district of Volcano, now vested in the board of education transferred. of Walker's township, shall by this act vest in the board

of education for the school district of Volcano.

CHAPTER 77.-AN ACT for the opening and keeping in repair the Roads in the county of Jefferson.

Passed February 18, 1871.

Be it enacted by the Legislature of West Virginia:

1. The voters of any township of the county of Jeffer

Townships son, assembled in stated or special meeting, may determine may adopt this act. to adopt the provisions of this act to govern such townAct submitted ship in keeping in repair the roads therein: Provided, to the voters, however, that notice of the intention to submit the quesNotice of in- tion of the adoption of the provisions of this act to a stated tention to sub- or special meeting, at three or more public places in the mit question of adoption. township, and provided further, that the determination to adopt the provisions of this act, as aforesaid, shall be by a majority of the voters present, and voting at such stated or special meeting.

Notice of its adoption.

Board of Supervisors; their duty.

Road survey

ed.

2. Any, township meeting, as aforesaid, determining to adopt the provisions of this act, as aforesaid, shall cause a notice of their action to be given to the clerk of the board of supervisors, of the county, whose duty it shall be to lay the same before the said board at the first stated meeting after receiving such notice.

3. The board of supervisors of the county, upon receiving the notice, as provided in section second of this act, shall immediately proceed to divide the township so determining to accept the provisions of this act, into three road precincts, of as nearly as practicable equal extent, numbering the same.

4. Road surveyors for the township so determining to or; how elect-accept the provisions of this act, shall be elected by the voters thereof at the first annual election of other township officers after the passage of this act; and there shall be three such road surveyors so elected, no two of whom shall be chosen from the same road precinct, of whom the one who receives the highest number of votes shall hold Term of office. his office for three years; the one who receives the next highest number of votes shall hold his office for two years, and the one who shall receive the next highest number of votes shall hold his office for one year, but those who re⚫ceive an equal number of votes, shall, if elected, determine their respective terms of office by lot.

When to commence.

Annual election of sur

veyor.

5. The term of office of said board of surveyors shall commence on the first day of January next after their election.

6. After the first election thereof, in any township, one road surveyor for such township shall be annually elected, who shall be a voter of the township, residing in the road precinct of his immediate predecessor, whose term of office Term of office. shall commence on the first day of January next after his said election, and shall continue in office for three years.

Vacancies; how filled.

7. When there is a vacancy in the office of road surveyor, as aforesaid, the same shall be filled for the unex

pired term at the next annual election thereafter; but in
the meantime the board of surpervisors, of the county, may
fill the vacancy by a temporary appointment, to expire
when the person so to be elected at the annual election
shall be duly qualified to act, and in no case shall there be
two road surveyors in said township elected or appointed,
who, at the same time, reside in the same road precinct.
The road surveyor, so elected, shall within ten days after
being duly notified thereof by the township clerk, and
those so appointed shall within ten days after being duly
notified thereof by the clerk of the board of supervisors of

the county, proceed to qualify by taking the several oaths Oath of office,
prescribed by law, which oaths the township clerk is here-

by authorized to administer, a copy of which oaths, signed
by the road surveyor taking the same, shall be filed by
him in his office.

8. Any two of said road surveyors hall constitute a Quorum.
quorum for the transaction of business.

9. Stated meetings of said road surveyors shall be held Meetings of at the place of voting in their township on the second surveyors. Tuesday of April and September of every year, and special

meetings at such other times as a majority of the sur-
veyors may determine.

10. It shall be the duty of the surveyors, within twenty Road to be days after the first day of January, 1871, and every three divided. years thereafter, to lay out and divide all the county roads

in their said township into sections, not exceeding one- Sections to be
half mile in length, which they shall number and describe numbered
in a book kept by them for that purpose; they shall also and described
distinctly specify therein what they may deem necessary in a book.
for the improvement and keeping in repair each section of
said county road for the term of three years.

11. It shall be the duty of said road surveyors to expose To be offered all county roads, one section at a time, at public sale, to at public sale. the lowest and best bidder, commencing on the third Tues

day in April, 1871, and to continue from day to day, if nec-
essary, until all are sold, and every three years thereafter,
commencing on the third Tuesday of April and continuing,

as aforesaid, until all are sold, of which sales at least ten Notice of sales.
days notice shall be given by not less than ten handbills,
posted at the most public places in the township: Provided,
that any person purchasing a contract, or contracts, at any

sale herein provided for, shall give bond, with freehold Purchaser of
security, to be approved by said surveyors, in a sum to be contract to
fixed by said surveyors, for the performance of every con- give bond.
tract so purchased.

12. The road surveyors shall divide all the roads that

ter established

Roads hereaf- may hereafter be laid out, altered, or established in said to be divided township, into sections not exceeding one-half mile in into sections. length, number and describe them; specify the nature and

Sale of

Contractor to sign is name, etc

If contractor fails to keep his section in repair.

Surveyor to

contractor.

Surveyor to cause repairs

character of the work to be done, within twenty days after the time they may receive an order for the opening of the same, and after giving ten days notice by posting handbills at ten of the most public places in the township, shall proceed to sell the same at public sale, in the manner and form provided in the eleventh section, for such a length of time as they may deem necessary for the opening of the same, after which they shall be kept in repair in the same manner as other roads in the township.

13. It shall be the duty of every purchaser to sign his or their name, or names, as the case may be, and write the sum he or they are to receive for repairing his or their section, or sections, in the books kept by said road surveyors, mentioned in section ten of this act, under the description thereof; and any contractor, or contractors, neglecting or refusing to keep his or their section, or sections, in repair, in conformity thereto, upon complaint of any citizen of the township in which such road is made, to the road surveyor thereof, it shall be their duty to examine thereinto, within four days after such complaint; and if give notice to upon such examination they deem the complaint well founded, they shall give notice thereof in writing to the party, or parties, so complained of, and accompanying said notice with a request that the party, or parties, so complained of shall put in good repair, within six days thereafter, his or their portion of road so out of repair, and if he or they shall still neglect or refuse to repair the same, it shall be the duty of the said road surveyors to cause the same to be put in good repair; and the costs of said repairs shall be recoverable by said road surveyors before a justice of the peace of said township, or in the Circuit Court of the county, if such costs exceed the sum of one hundred dollars, as other debts or claims of equal amount are now recoverable by law: Provided, however, that if any road surveyor shall become a purchaser, or contractor, as aforesaid, and shall neglect or refuse to keep in repair, acccrding to his contract, any portion of his section so purchased, it shall be the duty of the supervisor of the township in which said road is, upon complaint of any citizen of the township made to him, to examine the section, or sections, so complained of, within four days from the time of such complaint being made, and if such complaint is deemed well founded, he shall give notice in writing to the If neglect con- person, or persons, complained of, accompanying the same tinue a super- with a request that he or they so notified to put his or their visor to have section, or sections, so complained of in good repair, acroad repaired cording to his or their contract, within six days thereafter; son in default. and if such neglect or refusal to repair the same shall con

at his cost.

Notice in case of surveyor

being a contractor.

at cost of per

tinue for any period of time after said six days, it shall then be the duty of said supervisor of the township to cause the same to be put in good order at the cost of the person or persons so complained of, in manner and form hereinafter provided for other delinquencies.

roads.

14. It shall be the duty of the road surveyors to inspect Inspection of all the roads in the township at least once in every two months, and if they find any contractor, or contractors, have neglected to fill his or their contract, or contracts, to Notice to congive notice thereof, as provided in the preceding sections, tractors in case of neglect in case of complaints being made, and to enforce the same.

necessary to

15. It shall be the duty of the road surveyors, as soon as Surveyors to practicable after the sale of said county roads, or of any report amount newly established or altered roads, and annually there- keep up roads. after, to ascertain and report in writing, immediately after such ascertainment, to the board of supervisors of their county, the amount of money necessary to keep in repair and open the roads in their township; whereupon the said board of supervisors, at their first stated meeting there- Surveyor to after, at which said board may be required to levy the make levy. estimates covering county debts and liabilities, shall provide for the amount so reported to them by the road surveyors, as aforesaid, and any other expenses pertaining to the same, by levying a tax of one dollar on every male inhabitant of said township, who has attained the age of tax. twenty-one years, and the balance, after deducting said capitation tax and estimated delinquencies, shall be levied Tax on propupon the property of said township, taxable for State and ery. county purposes and in the same manner, a list of which persons liable under said assessment, together with the amount with which they are severally chargeable, shall be

Capitation

treasurer to

delivered to the township treasurer of such township, who Township shall proceed to collect the same in the manner in which collect taxes. he may be now or hereafter required to collect other township taxes; and he is hereby authorized and empowered to use the same means to enforce the collection thereof that he may possess as to other township taxes: Provided, if at any time the authority of township treasurers to collect all other township taxes shall hereafter, by law, or otherwise, cease, the board of supervisors of the county shall Collector to be appoint a suitable person to collect the taxes herein pro-appointed, if vided for; and such person so appointed shall in all respects authority of discharge the duties and be liable as said treasurer is now herein required to discharge any duty or made liable in

any manner.

treasurer

cease.

veyors and

16. Every road surveyor and collector of taxes provided Bonds of sur for in this act, shall, before entering upon the duties of collectors. their office, give bond, with security, to be approved by