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24 board of directors unless he or she be an actual and bona 25 fide resident and taxpayer of said county of Nicholas; neither. 26 shall any person be eligible to membership on said board un27 less he or she be a person of good moral character and unless 28 he or she has had experience in school work, business training 29 or experience sufficient to qualify such person to perform his 30 or her duties as such director. In the event of any 31 vacancy occurring on said board, among the elective 32 members thereof, by death, removal from the county 33 or removal of any elective member from one magisterial dis34 trict into another magisterial district in which another elective 35 member of said board may reside or from any other cause, 36 said vacancy shall be filled by the other elective members of 37 said board and the county superintendent of schools of said 38 county to hold his or her office until the next general elec40 tion. In addition to the three elective members of said board, 41 the county superintendent of said county shall be ex officio 42 a member of said board of directors, and there shall be one 43 appointive member of said board whose term of office will 44 expire on the thirtieth day of June, one thousand nine hun45 dred and twenty-five, and whose successor shall be appointed 46 by the state superintendent of free schools of this state for 47 a term of four years beginning on the first day of July, one 48 thousand nine hundred and twenty-five and every four years 49 thereafter, which said member shall be an actual and bona 50 fide resident and taxpayer of said county, and shall in the 51 opinion of the state superintendent of free schools be a person 52 properly trained and equipped for the discharge of his duties 53 as such director. The said board of directors shall elect one 54 of their elective members president of the board and shall ap55 point a secretary who is not a member of said board and who 56 shall have no vote in their proceedings. Said board shall hold its 57 meetings at the principal's office in the high school building 58 on the first Saturday of each month during the school term 59 and at such other times as may be deemed necessary by any 60 three members of the board, any three members of said board 61 being hereby authorized to call a special meeting of said board 62 for the transaction of any general or special business, of 63 which meeting notice shall be given to each member of the 64 board by mailing a written copy thereof to his last known 65 postoffice address at least five days before the meeting.

CHAPTER 95

(House Bill No. 71—Mr. Aleshire)

AN ACT to amend and re-enact sections one and five of chapter thirty of the acts of one thousand nine hundred and twentyone of the legislature of West Virginia, regular session, relating to the independent school district of Huntington.

[Passed April 17, 1923. In effect ninety days from passage. Became a law without approval of the Governor]

SEC.

SEC.

1. Limits of independent school dis- 5. Board of education; salary; duties trict. and qualifications.

Be it enacted by the Legislature of West Virginia:

That sections one and five of chapter thirty of the acts of one thousand nine hundred and twenty-one of the legislature of West Virginia, regular session, be amended and re-enacted so as to read as follows:

Section 1. That part of the county of Cabell comprised 2 within the limits fixed and described by section two of chapter 3 eleven (Huntington charter) of the acts of the legislature of 4 West Virginia of one thousand nine hundred and twenty-one, 5 shall constitute, be and remain an independent school district.

Sec. 5. Each member of the board of education shall re2 ceive for his services as such member the sum of fifty dollars 3 per month. Before entering upon the discharge of the duties 4 of said office, each member shall make and file with the secre5 tary of said board, an affidavit that such member will faithfully 6 and impartially perform the duties of a member of said board 7 during the term of office of such member of the said board to 8 the best of the ability and judgment of said member of said 9 board; that such member will not discharge the duties of such 10 member of said board for the pecuniary or other gain or ad11 vantage of such member; nor for the purposes, or with the aim 12 in view, of benefiting any political party; that such member 13 will not be, or become interested pecuniarily, directly or indi14 rectly, in any contract which may at any time be awarded by 15 said board and that such member will not directly or indirectly 16 receive any gift, emolument or reward for the vote or influence 17 of such member in the purchase of books or supplies for the 18 schools of said district; nor in the award of any contract by

19 said board. No person shall be eligible to hold the office of 20 member of said board who is not at the time of the election or 21 appointment of such person, a qualified voter in said city.

CHAPTER 96

(House Bill No. 75-Mr. Sutton)

AN ACT authorizing the board of education of the town of Sutton, in the independent school district of the town of Sutton, county of Braxton, to issue bonds for the purpose of purchasing such ground as may be necessary for the erection of a high school building, and for the purpose of erecting such building and equipping the same, and adding to or repairing the public school building in said district.

[Passed March 26, 1923. In effect from passage. Became a law without approval of the Governor]

SEC.

1. Board of education authorized to issue bonds; purpose and amount of.

SEC.
2.

3.

Denomination of bonds; when payable; etc.

Provisions for referendum; acts in conflict repealed.

Be it enacted by the Legislature of West Virginia:

Section 1. That the board of education of the town of Sutton, 2 in the independent school district of the town of Sutton, county 3 of Braxton, be, and it is hereby authorized and empowered to 4 issue the bonds of said school district to an amount sufficient for 5 the purposes of purchasing such lot or land as may be necessary 6 for the erection of a suitable high school building within said. 7 district, the erection of such building and equipping the same 8 and adding to and repairing the public school building hereto9 fore erected within said school district.

Sec. 2. Said bonds shall be of such denomination as said 2 board of education may by order prescribe, and shall be payable 3 not less than five years nor more than thirty-four years, at 4 the option of the said board of education, and shall bear interest 5 at the rate of not to exceed six per cent per annum, payable 6 annually; provided, that the aggregate of said bonds for said 7 purpose including existing indebtedness of said district, shall 8 not exceed five per centum of the value of all the taxable prop9 erty in said district to be ascertained by the last assessment for

10 state and county purposes next before the incurring of said in11 debtedness; and the said board of education shall provide by 12 levy a direct annual tax sufficient to pay annually the interest 13 on such indebtedness and the principal thereof when due.

Sec. 3. But no such bonds shall be issued under this act un2 til and unless the question of issuing the same shall have first 3 been submitted to the voters of said school district, at an election 4 to be held for that purpose, and shall have received three5 fifths of all votes cast at said election; and said election shall be 6 conducted under the supervision of said board of education, 7 and the result thereof ascertained and certified by said board; 8 for the purpose of holding said election, said board shall ap9 point three qualified voters to act as commissioners of elec10 tion, and two qualified voters to act as poll clerks and said elec11 tion shall be held at the court house in the town of Sutton, 12 Braxton county, West Virginia, and all qualified voters within 13 said independent school district shall be entitled to vote upon 14 question at said election at said place. The registration of 15 voters taken for the general election in November, one thousand 16 nine hundred and twenty-two, shall be taken and accepted as a 17 proper registration of the voters entitled to vote at said elec18 tion, after the secretary of the said board of education has re19 vised the said list and stricken therefrom the names of all per20 sons who have died or removed from said district since said list 21 was made up, and have added thereto the names of all such 22 persons who may have become entitled to vote in said district 23 since said list was made up. A notice of said election, setting 24 out therein the order of the board of education submitting the 25 question of the issuance of said bonds, duly published in two 26 newspapers of general circulation in said district, once a week 27 for two weeks prior to said election, shall be sufficient notice 28 and publication thereof. Said board of education is directed 29 and authorized to do any and all acts in respect to the holding 30 of said election and the issuance of said bonds that may be 31 necessary to carry into effect the purpose of this act.

32 All acts and parts of acts in conflict herewith are hereby re33 pealed.

CHAPTER 97

(House Bill No. 134-Mr. Stephenson)

AN ACT to amend and re-enact section one of chapter twentyfive of the acts of the legislature of one thousand nine hundred and eleven, as last amended and re-enacted by section one of chapter twenty-five of the acts of the legislature of one thousand nine hundred and twenty-one, relating to the establishing of a high school in Clay county.

[Passed April 16, 1923. In effect ninety days from passage. Approved by the Governor May 1, 1923]

SEC.

1. High school established near

town of Henry; how board is

constituted; vacancies; how filled; acts in conflict repealed.

Be it enacted by the Legislature of West Virginia :

That section one of chapter twenty-five of the acts of the legislature of one thousand nine hundred and eleven, as last amended and re-enacted by section one of chapter twenty-five of the acts of one thousand nine hundred and twenty-one, relating to the establishing of a high school in Clay county, be amended and reenacted so as to read as follows:

Section 1. That a high school be and the same is hereby 2 established in the county of Clay, state of West Virginia, in 3 or near the town of Henry, in said county, which shall be 4 known as the Clay County High School, the site for which is 4-a to be selected by the board of directors of said school, which 5 said board of directors shall, after July first, one thousand 6 nine hundred and twenty-three, consist of three members, as 7 follows: the present elective member, whose term expires on 8 the first day of July, one thousand nine hundred and twenty9 five, and whose successor shall be elected at the general elec10 tion in the year one thousand nine hundred and twenty-four, 11 and every four years thereafter, and whose term of office shall 12 commence on the first day of July, one thousand nine hundred 13 and twenty-five, and continue for four years and until his 14 successor is elected and qualified; the county superintendent of 15 schools of said county shall be ex-officio a member and presi16 dent of said board of directors; the other member of said board 17 of directors shall be appointed by the state superintendent of 18 free schools of this state for a term of four years, beginning 19 on the first day of July, one thousand nine hundred and twenty20 three, and every four years thereafter, which said member

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