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CHAPTER 91

(Senate Bill No. 361-Mr. Reynolds)

AN ACT to provide for the establishment of a county high school for colored pupils in the county of Mineral.

[Passed April 17, 1923. In effect ninety days from passage. Approved by the Governor April 24, 1923]

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Be it enacted by the Legislature of West Virginia:

Section 1. A county high school for colored pupils is here2 by established in the county of Mineral, in or near the city 3 of Keyser, upon a site to be selected by the board of directors 4 of said school, which school shall be known as the Mineral 5 county colored high school.

Sec. 2. The presidents of the boards of education of the 2 several school districts in Mineral county, together with the 3 county superintendent of schools of said county, shall consti4 tute the board of directors of said high school, which board 5 shall be a body corporate and as such shall have and exer6 cise all the rights and powers now conferred by law upon 7 district boards of education. The county superintendent shall 8 be ex-officio president of said board and a secretary shall be 9 appointed by said board at its first regular meeting in each 10 year, and his duties and compensation shall be prescribed and 11 fixed by the board. Said board shall have full power and au12 thority to make such rules and regulations as it may deem 13 proper and necessary for the management and control of said 14 high school; employ necessary teachers and fix their salaries; 15 establish a graded course of study and grant diplomas upon 16 graduation of pupils and perform such other duties as are 17 essential and necessary to the welfare and maintenance of 18 said school.

Sec. 3. As soon as practicable after the ratification of this 2 act, said board shall acquire by purchase or gift a site for 3 said school in a convenient and suitable location in or imme 4 diately adjacent to the city of Keyser and shall erect thereon

5 a suitable building or buildings and establish therein a high 6 school for the colored pupils of high school grade, without cost 7 for tuition to any such pupil in Mineral county, but said board 8 may, in its discretion, admit colored pupils of high school 9 grade from outside said county, upon such terms and the pay10 ment of such tuition fees as it may fix.

Sec. 3-a. For the purpose of securing a site, and erecting 2 and equipping suitable building or buildings thereon, said 3 board of directors is empowered to lay a levy of not more 4 than ten cents on each one hundred dollars of taxable prop5 erty in said county for as many years, but not to exceed three 6 in all, as may be necessary to raise sufficient funds for the 7 purpose specified above and beginning with the year in which 8 said high school is ready to open and each subsequent year 9 thereafter, a levy not to exceed five cents on each one hundred 10 dollars valuation of the taxable property in said county for a 11 maintenance building fund and ten cents for a teachers' fund. 12 Said levies shall be laid at the time and in the manner that 13 school levies are laid by district boards of education. All 14 revenue from taxation shall be collected and disbursed by the 15 sheriff of said county in the manner prescribed by general 16 law.

Sec. 4. The members of said board of directors, except the 2 county superintendent, shall be allowed a compensation of five 3 dollars per day for the services for the time they are actually 4 employed in transacting the business of said high school, which 5 shall not exceed twenty days for the year following the rati6 fication of this act, nor exceed ten days for any subsequent 7 year. The salary of the secretary shall be fixed by said board 8 at a sum not to exceed seventy-five dollars per year. Said 9 per diem and salary shall be paid out of the maintenance fund. Sec. 5. Before this act shall be in effect, it shall be sub2 mitted to the voters of Mineral county, at the first general 3 election held following its passage and must receive a ma4 jority of the votes cast upon the question. The ballot com5 missioners of said county shall provide a separate ballot having 6 thereon the words "For county colored high school" and 7 "Against county colored high school," and said election shall 8 be conducted and the result ascertained and declared in the 9 manner provided by law for general elections.

CHAPTER 92

(Senate Bill No. 365—Mr. Henshaw)

AN ACT to amend and re-enact section eleven of chapter two hundred and sixteen of the acts of the legislature of one thousand eight hundred and seventy-two and one thousand eight hundred and seventy-three, relating to the independent school district of Martinsburg.

[Passed April 17, 1923.

SEC.
11.

In effect from passage.
April 24, 1923]

Approved by the Governor

Board of education; powers and
duties.

Be it enacted by the Legislature of West Virginia:

That section eleven of chapter two hundred and sixteen of the acts of the legislature of one thousand eight hundred and seventytwo and one thousand eight hundred and seventy-three, relating to the independent school district of Martinsburg be amended and re-enacted so as to read as follows:

Section 11. It shall be the duty of the board of education 2 annually in the month of July, to determine as nearly as prac3 ticable the amount of money necessary, in addition to all other 4 available funds, to continue the schools of the district for a 5 period of not less than nine months, and for all other purposes 6 relating to the schools of the district, such as the repairing and 7 improvement of school premises, the purchase of sites and the 8 building of school houses, the payment of debts previously con9 tracted, which may fall due within the year, and said board 10 shall cause the amount to be assessed on all the taxable property 11 of the district, subject to state and county taxes; provided, that 12 not more than six and one-half mills on the dollar valuation of 13 said taxable property shall be assessed in any one year for the 14 purpose of continuing the schools for said period of not less 15 than nine months, and for ordinary repairs and incidental ex16 penses, and not more than four mills on the dollars valuation 17 for the purchase of sites, the building of houses and permanent 18 improvements.

CHAPTER 93

(House Bill No. 39—Mr. Phares)

AN ACT to amend and re-enact section eight, chapter twenty-one of the acts of the legislature of one thousand eight hundred and ninety-three, as amended by chapter sixty-nine of the acts of one thousand nine hundred and eleven, relating to the independent school district of Elkins.

[Passed April 16, 1923.

SEC.

8.

In effect ninety days from passage.
Governor May 1, 1923]

Board of education empowered to
borrow money and issue bonds;
provisions for referendum.

Be it enacted by the Legislature of West Virginia:

Approved by the

That section eight of chapter twenty-one of the acts of one thousand eight hundred and ninety-three as amended by chapter sixtynine of the acts of one thousand nine hundred and eleven, be and the same is hereby amended and re-enacted to read as follows:

Section 8. And the board of education of the independent 2 school district of Elkins be and is authorized and is hereby em3 powered to borrow money and issue therefor bonds for the pur4 pose of erecting, completing and furnishing a public school 5 building or buildings for the use of said independent school dis6 trict. Said bonds shall draw no greater rate of interest than six 7 per centum per annum, and shall be payable as now provided 8 by the general school law; except as hereinafter provided; pro9 vided, that such indebtedness shall not exceed, including exist10 ing indebtedness, in the aggregate, five per centum of the taxa11 ble property in said independent school district of Elkins, to 12 be ascertained by the last assessment made for state and county 13 taxes next before the incurring of said indebtedness, nor with14 out at the same time providing for the collection of a direct tax 15 sufficient to pay annually the interest on such indebtedness and 16 the principal thereof within not exceeding thirty-four years; 17 provided, further, that no debt shall be contracted under this 18 act unless all questions connected therewith shall have been 19 first submitted in the manner prescribed by law to the voters 20 of said independent district at an election to be held for that 21 purpose at such time as may be fixed by the board of education 22 and have received three-fifths of all the votes cast for and 23 against the same, and in all other respects the issue of said 24 bonds shall conform to the general school law.

CHAPTER 94

(House Bill No. 47-Mr. King)

AN ACT to amend and re-enact section one, chapter forty-eight, acts of the regular session of the legislature of West Virginia of one thousand nine hundred and twenty-one relating to the establishing and governing a county high school in Nicholas county.

[Passed April 25, 1923.

SEC.
1.

In effect ninety days from passage. Approved by the
Governor May 1, 1923]

Nicholas County High School es-
tablished; Board of Directors
created; powers and duties.

Be it enacted by the Legislature of West Virginia:

That section one of chapter forty-eight of the acts of the regular session of the legislature of West Virginia of one thousand nine hundred and twenty-one be amended and re-enacted so as to read as follows:

Section 1. That a high school be and the same is hereby 2 established in the county of Nicholas, state of West Virginia, 3 in or near the town of Summersville, which shall be known as 4 the Nicholas county high school, the site of which is to be 5 selected by the board of directors of said school, which said 6 board of directors shall consist of five members as follows: 7 Three elective members to be elected by the legal voters 8 of said county outside of the independent district of Rich9 wood at the general election to be held on the Tuesday after 10 the first Monday in November, nineteen hundred and twenty11 four, one of whom shall be elected for the term of two years, 12 one of whom shall be elected for the term of four years, and 13 one of whom shall be elected for the term of six years, no 14 two of whom shall be elected or eligible to serve from the same 15 magisterial district, and whose respective terms shall begin on 16 the first day of July, nineteen hundred and twenty-five, and 17 after the election of the three members of the said board of 18 directors as herein provided one director shall be elected every 19 two years thereafter at the general election to be held in No20 vember of each even numbered year, for the term of six years 21 to succeed the member of said board whose term of office will 22 expire on the thirtieth day of June of the year next follow23 ing. No person shall be eligible to membership on said elective

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