21 shall be a resident and taxpayer of said county, and must have 22 had at least three years experience as a teacher in the schools 23 of said state.

24 In case of a vacancy caused by the death, resignation or 25 otherwise of the said elective member of the board of directors, 26 said vacancy shall be filled by the other members of said board 27 of directors.

28

All acts or parts of acts inconsistent herewith are hereby 29 repealed.

CHAPTER 98

(House Bill No. 199-Mr. Bruns)

AN ACT to amend and re-enact chapter one hundred and forty three of the acts of one thousand eight hundred and seventy-two, establishing the independent school district of Ceredo, in the county of Wayne, and to amend and re-enact chapter one of the acts of the legislature of West Virginia, session of one thousand eight hundred and ninety-nine, and to change the name of said district.

[Passed April 12, 1923. In effect from passage. Approved by the Governor May 1, 1923]

Be it enacted by the Legislature of West Virginia:

That chapter one hundred and forty-three of the acts of one thousand eight hundred and seventy-two, establishing the independent school district of Ceredo, in the county of Wayne, as amended and re-enacted in chapter one of the acts of the legislature of West Virginia, session of one thousand eight hundred and ninety-nine, be amended and re-enacted to read as follows:

Section 1. The incorporated town of Ceredo, and the city of 2 Kenova and all the territory included in and known as the in3 dependent school district of Ceredo, in the county of Wayne, 4 commencing at the mouth of Twelve Pole and following the Ohio 5 river to the mouth of the Big Sandy river, thence up the Big 6 Sandy river to the upper line of the Little farm, east with the 7 ridge, south of the waters of Twelve Pole, to the head of Hickory 8 branch, and down said branch to its mouth, thence down Twelve 9 Pole to the place of beginning, shall constitute an independent 10 district, to be known as the "Independent school district of 11 Ceredo-Kenova."

Sec. 2. There shall be elected by the voters of said 2 district at a special election on the second Tuesday 3 in June, one thousand nine hundred and twenty-three 4 and in the manner prescribed by the general school law 5 for the election of school officers, two commissioners, whose 6 terms shall expire on April one, one thousand nine hundred and 7 twenty-seven, and April one, one thousand nine hundred and 8 twenty-eight, respectively, the ballot designating the term of 9 service of each member and which shall begin on the first day of 10 July following their election, and every year thereafter on the 11 third Saturday in March there shall be elected one commis12 sioner whose term of office shall commence on the first day 13 of April following his election and continue five years and until 14 his successor is elected and qualified; who together with the 15 present commissioners of the Independent school district of 16 Ceredo shall constitute the "board of education of the inde17 pendent school district of Ceredo-Kenova."

Sec. 3. Before entering upon their duties as school officers, 2 each of said commissioners shall be required to qualify by tak3 ing and subscribing to the following oath: "I, A

4 B..........

do solemnly swear, (or affirm), that I will faith5 fully perform the duties of commissioner of the board of Edu6 cation of the Independent school district of Ceredo-Kenova,

6-a during the term for which I was elected, to the best of my abili 7 ty, according to law, so help me God". The secretary of the 8 board of education is authorized to administer said oath, a copy 9 of which shall be kept by him upon the files of his office. Any 10 vacancy that might occur in the office of school commissioner 11 by death, resignation, refusal to serve, or otherwise, shall be 12 filled by the board of education of the district, at their first 13 regular meeting thereafter, by the appointment of a suitable 14 person, who shall hold his office until the next election of school 15 commissioners, when a commissioner shall be elected for the un16 expired term. The secretary shall have a vote in case of a tie 17 vote, except that in case of a tie vote for commissioner to fill a 18 vacancy, the tie vote shall be settled by lot.

Sec. 4. The board shall meet annually, within thirty days 2 after the third Saturday in March, at such time and place as 3 they may designate, and shall elect one of their members presi4 dent, and shall also elect a secretary who shall serve during the 5 will of the board. Before entering upon the duties of his office, 6 the secretary shall, with at least two good securities to be ap7 proved by the board of Education enter into a bond, payable to 8 the board of education of the independent school district of 9 Ceredo-Kenova, in such penal sum as the board may determine, 10 which bond shall be filed with the president of the board for 11 safe keeping.

Sec. 5. The president shall perform such duties as usually 2 devolve upon the presiding officer of a deliberative body, except 3 that he shall have a vote upon each and every question as any 4 other commissioner, but he shall have but one vote upon any one 5 question. In his absence, the board may choose a president pro 6 tempore from among their number.

Sec. 6. The secretary shall record in a book, provided for the 2 purpose, all the official acts and proceedings of the board, which 3 shall be a public record, open to the inspection of all persons in3-a terested therein. He shall preserve in his office at the 3-b high school building, all papers containing evidence of 4 title, contracts, and obligations; and in general shall 5 record and keep on file in his office all such papers and 6 documents as may be required by any of the provisions of this 7 act, or by any order of the board of education. He may be re8 moved by the board of education of the independent school dis9 trict of Ceredo-Kenova at any regular or special meeting. Any

10 vacancy in the office, shall be filled by the board for the unex11 pired term. All levies for any purpose shall be laid in accord12 ance with the general school law. After the board of education 13 has laid the levy for the building fund and the teachers fund 14 or funds, it shall be the duty of the secretary to report the rate 15 thereof to the county superintendent and the county assessor. 16 He shall also report to the county superintendent and other 17 county and state officials such facts in his possession as may be 18 required by the general school law of the state. For his ser19 vices, he may receive such compensation, not exceeding six hun20 dred dollars per annum, as the board may allow. In his absence, 21 the board may appoint a secretary pro tempore. At the close of 22 each school year, the secretary shall cause to be published in a 23 newspaper of general circulation in the district in two successive 24 issues, a statement of all receipts and expenditures of the school

25 year.

Sec. 7. The board of education of the independent school dis2 trict of Ceredo-Kenova, shall hold stated meetings at such time 3 and places as they may appoint, not less than a majority of the 4 members being required to constitute a quorum for the trans5 action of business. Special meetings may be called by the presi6 dent, or at the request of any two members, by the secretary. 7 The concurrence of a majority of the board shall be required to 8 elect a superintendent or teachers, and to decide all questions in9 volving the expenditure of money.

Sec. 8. The board of education of the independent school dis2 trict of Ceredo-Kenova, shall be a body corporate in law; and as 3 such may purchase, hold, sell or convey real or personal prop4 erty for the purpose of education within the district; may be5 come a party to suits and contracts and do other corporate acts. 6 They shall have the management of, and be vested with the title 7 to all real and personal property, for the use of the public 8 schools within the district; and shall manage and dispose of 9 the same as will, in their opinion, best subserve the interests of 10 the district. The board of education shall have power to make 11 all necessary rules and regulations for the government of the 12 schools of the district, for the admission of pupils therein, for 13 the exclusion of pupils whose attendance would be dangerous 14 to the health or detrimental to the morals or discipline of the 15 schools. They may perform such other duties as are permitted 16 by the general school law of the state.

Sec. 9. Annually, on or before April first, the board of edu2 cation shall cause to be taken an enumeration of all the youth of 3 the district, noting age and color, according to the general 4 school law. The secretary shall report to the county superin5 tendent the result of said enumeration of youth, at such time 6 as may be required by law.

Sec. 10. The state superintendent of schools in his report to 2 the auditor, shall specify separately the result of the enumera3 tion of youth in the independent school district of Ceredo-Keno4 va, and the rest of Wayne county, and the auditor in apportion5 ing money for school purposes, shall apportion to the independ6 ent school district of Ceredo-Kenova and to the rest of Wayne 7 county separately, according to their respective numbers of 8 youth, as shown by the list furnished by the state superintendent 9 of schools, and the said superintendent shall draw his requsi10 tion upon the auditor in favor of the sheriff of Wayne county 11 for such amount as the district is entitled to receive, and at 12 the same time notify the secretary of the board of education of 3 the amount.

Sec. 11. It shall be the duty of the said board of education 2 to provide by purchase, condemnation, leasing, building, or 3 otherwise, school houses and grounds, furniture, fixtures and 4 appendages, and keep the same in good order and repair; and 5 to supply the said school houses with fuel and other things 6 necessary for their comfort and convenience.

Sec. 12. For the purpose mentioned in any of the preced2 ing sections, and for the purpose of paying teachers and other 3 school officers, the interest and sinking funds on bonds, or any 4 other legal obligations, which the board of education of the in5 dependent school district of Ceredo now owes, or may hereafter 6 be incurred by the independent school district of Ceredo-Keno7 va the said board shall annually lay such levies, in such manner 8 as is provided by the general school law of the state. Elections 9 for bond issues shall likewise be conducted in accordance with 10 the general school law.

Sec. 13. The levies made under the provisions of this act shall 2 be collected and disbursed as now provided by law. The board 3 of education shall not, during any one year, incur any expense 4 that shall exceed the amount of available funds received for 5 school purposes during that year.