Sec. 14. The sheriff shall annually, at such time and in such 2 manner as required by law, make settlement with the board of 3 education and for collecting and disbursing the taxes, levied by 4 the board of education, he shall be entitled to such fees as are 5 now provided by the general law.

Sec. 15. The said board of education shall have power to 2 establish within the district, such graded schools, including 3 high schools, of such grade, as may, in their judgment, be best 4 for the interests of the district. The branches and text books 5 to be taught in the high schools and other schools within the 6 district shall be determined by the superintendent, with the 7 approval of the board of education. The said high schools shall 8 be open to all pupils in the district, but no pupil shall be entitled 9 to admittance to said high schools until the superintendent shall 10 have been satisfied that the pupil shall have made due proficiency 11 in the branches taught in the other schools of the district.

Sec. 16. Teachers shall be subject, in all respects, to the rules 2 and regulations adopted by the board of education, and they 3 may be removed by the board for incompetency, immoral con4 duct, or wilful violation of the rules of the board, upon com5 plaint of the superintendent or any member of the board.

Sec. 17. Admission to the various schools of the district shall 2 be gratuitous to all white children, wards, and apprentices, or 3 actual residents within the district, between the ages of six 4 and twenty-one years; provided, that admission of pupils, resi5 dents of one sub-district to the schools of another sub-district 6 shall rest with the board of education. Non-residents of the 7 district may be allowed to attend the schools upon payment in 8 advance of such tuition as the board of education may deter9 mine. The board of education shall establish within the dis10 trict one or more separate schools for colored children, when 11 the whole number by enumeration equals that number required 12 by the state school law, so as to afford them as far as practicable, 13 the advantages and privileges of a free school education. All 14 such schools shall be under the management and control of the 15 board, and shall be subject to like general regulations as the 16 other schools of the district; but under no circumstances shall 17 colored children be allowed to attend the same school, or be 18 classified with white children.

Sec. 18. All school houses, school house sites, and other 2 property for the use of public schools of the district, shall be 3 exempt from taxation; and also from sale on execution or other 4 process in the nature of an execution.

Sec. 19. A superintendent of schools for the said district 2 shall be elected by the said board of education for a term of not 3 more than two years, and his salary fixed by the said board at 4 the first regular meeting of the board after the annual school 5 election in this district, or as soon thereafter as circumstances 6 will allow, but no person shall be employed as superintendent 7 who shall not have had an experience of at least five years as 8 superintendent or principal of public schools. Said superin9 tendent, in addition to the duties specified in this act, shall per10 form such other appropriate duties with relation to the schools 11 of the district, as the board may prescribe. He shall be liable 12 to removal by the board of education for any palpable violation 13 of the law, immorality or wilful neglect of duty. But he shall not 14 be removed unless charges shall be preferred to or by a member 15 of the board, and notice of a hearing, with a copy of the charges 16 delivered to him, and an opportunity be given him to be heard 17 in his own defense. When the office shall have become vacant 18 from any cause, before the expiration of the term for which the 19 superintendent shall have been elected, the board of education 20 shall fill the same by appointment for the unexpired term. It 21 shall be the duty of the superintendent to make such report to 22 the board of education of the character and conditions of the 23 schools of the district, as shall enable the secretary to make his 24 required report to the county superintendent. The superintend25 ent shall not directly or indirectly receive any gift, emolument, 26 or reward for his influence in recommending the use of any 27 book, or furniture, of any kind whatever, in the schools of the 28 district.

Sec. 20. The board of education shall, in accordance with the 2 general school law, appoint all teachers for public schools of 3 any grade or high school within the district, and fix their 4 salaries; but no person shall be employed to teach in any 5 public school of the district, who shall not first have obtained 6 from the state authorities a certificate of qualifications to teach 7 a school of the grade for which the appointment is made or, in 8 lieu of said certificate, a certificate granted by an examining 9 committee hereinafter provided for.

Sec. 21. In emergency cases only, the board of education 2 may appoint two competent persons to act with the superintend3 ent as an examining committee to conduct examinations of new 4 teachers. Certificates granted to such teachers shall be valid 5 for one year.

Sec. 22. All provisions of the general school law of the state 2 and all laws and acts heretofore existing, which are in any 3 manner inconsistent with the provisions of this act, shall be void 4 within the district; otherwise the said general school law shall 5 remain in full force and effect in this district as elsewhere in 6 the State.

Sec. 23. All school houses, school house sites and all other 2 property of whatsoever description of the independent school 3 district of Ceredo shall by the passage of this act and its enact4 ment into law become the property of the independent school 5 district of Ceredo-Kenova and all indebtedness of the independ6 ent school district of Ceredo of whatsoever description, includ7 ing bond issues of the independent school district of Ceredo, 8 shall be assumed by and are hereby made the obligations of the 9 independent school district of Ceredo-Kenova..

Sec. 24. The principal and teachers employed for the high 2 school, shall, if practicable, have the qualifications necessary to 3 maintain the first-class standard of said school.

CHAPTER 99

(House Bill No. 237-Mrs. Gates)

AN ACT to amend and re-enact section six of chapter seventy-four of the acts of the legislature of one thousand nine hundred and eleven, relating to Charleston independent school district, as amended by chapter seventy-three of the acts of the legislature of one thousand nine hundred and seventeen.

[Passed April 25, 1923. In effect ninety days from passage. Became a law without approval of the Governor]

SEC.

6. Board of education to lay levy for purchase, maintenance and

support of public library; amount of; bequests, etc.

Be it enacted by the Legislature of West Virginia:

That section six of chapter seventy-four of the acts of the legislature of one thousand nine hundred and eleven, relating to Charleston independent school district, as heretofore amended by

chapter seventy-three of the acts of the legislature of one thousand nine hundred and seventeen be, and the same is hereby amended and re-enacted so as to read as follows:

Section 6. That said board of education is authorized to 2 establish, support and maintain in said district a public library 3 and branches thereof; to purchase, acquire by condemnation in 4 the manner provided in chapter forty-two of the code of West 5 Virginia or otherwise acquire such real estate as may be neces6 sary or proper in connection therewith; and to construct, pur7 chase, lease, or otherwise acquire one or more library buildings, 8 and to furnish, equip and maintain the same. For the pur

9 poses aforesaid it may levy annually for the years one thou10 sand nine hundred and twenty-three, one thousand nine hun11 dred and twenty-four, one thousand nine hundred and twenty12 five, and one thousand nine hundred and twenty-six a tax not 13 to exceed five cents for each one hundred dollars' valuation 14 of property, and for the year one thousand nine hundred and 15 twenty-seven, and each year thereafter, it may levy a tax not to 16 exceed three cents for each one hundred dollars' valuation 17 of property for the support, maintenance and enlargement of 18 said library building or buildings. And said board of education 19 is further authorized to accept, receive, and use gifts, devises 20 and bequests for any or all of the purposes aforesaid.

CHAPTER 100

(House Bill No. 294-Mr. Read)

AN ACT to amend and re-enact sections five and fourteen of chapter forty-three of the acts of one thousand nine hundred and twenty-one, entitled, "an act creating the independent school district of Hinton, in the county of Summers."

[Passed April 11, 1923. In effect ninety days from passage. Approved by the Governor April 25, 1923.]

SEC.

5. Hinton Independent School District; election of commissioners; qualifications; terms of office; how determined; board to be non-partisan; number of candi

dates.

SEC.
14.

Board of Education; duty to make estimate and lay levies; minimum term; eight months in graded and elementary schools; conflicting acts repealed.

Be it enacted by the Legislature of West Virginia:

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

Election of Commissioners.

Section 5. There shall be elected by the qualified voters of 2 the independent school district of Hinton at an election to be 3 held in the said district on the second Tuesday of December, 4 one thousand nine hundred and twenty-two, four school com5 missioners, or members of the board of education of said dis6 trict, two members of the said board of education shall be elected 7 for a term of two years, and two members of said board of edu8 cation for a term of four years; the two persons of opposite 9 politics receiving the highest number of votes for school com10 missioner at the said election shall be declared elected for the 11 full term of four years, and the two persons of opposite poli12 tics receiving the next highest number of votes for said office 13 at said election shall be declared elected for the short term of 14 two years; and biennially thereafter, at each general election. 15 to be held on the first Tuesday after the first Monday of Novem16 ber, in the said independent district, there shall be elected by 17 the qualified voters of the said independent district two school 18 commissioners, or members of the board of education for a full 19 term of four years. The term of office shall commence on the 20 first day of July, next after their election, and they shall hold 21 their said office for a term of four years and until their suc22 cessors have been elected and qualified.

23 Provided, that after the first election of the said board of 24 education as herein provided for, not more than one person 25 whose name appears on the ticket of any party being voted for 26 at an election for member of the said board of education, shall 27 be elected to office. The two candidates of opposite politics re28 ceiving the greatest number of votes shall be declared elected. 29 it being the intention of this act to make and keep the said board 30 of education non-partisan, and that no political party at any 31 time, shall have on said board of education more than one-half 32 of the members to be elected thereto.