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a cage as a domestic pet; provided, that such bird shall not be sold or exchanged, or offered for sale or exchange, or transported out of this state.

Sec. 11. All other acts or parts of acts conflict with this act are hereby repealed.

CHAPTER 58.

(Senate Bill No. 86.)

AN ACT to amend and re-enact section fifty-three of chapter for

ty-five of the code of West Virginia, relating to the qualifications and salary of county superintendents.

Became a law

[Passed February 20, 1907. In effect ninety days from passage.

without the approval of the Governor:]

SEC.

SEC. 53.

County superintendents of schools;

his qualifications and duty as
such ; compensation, conduct dis-

trict institutes ; teachers com. pensation for attendance; vacancies, how filled.

Be it enacted by the Legislature of West l'irginia:

That section fifty-three of chapter forty-five of the code be amended and re-enacted so as to read as follows:

Sec. 53. The county superintendent of free schools shall be a person of good moral character and of temperate habits, literary acquirements and skill and experience in the art of teaching.

The county superintendent shall receive for his services an annual compensation, as follows: In counties having not more than fifty schools, five hundred dollars; in counties having more than fifty and not more than seventy-five schools, five hundred and seventy-five dollars; in counties having more than seventy-five and not more than one hundred schools, six hundred and fifty dollars. and in counties having more than one hundred and not more than one hundred and twenty-five schools, seven hundred and twenty-five dollars, and in counties having more than one hundred and twenty-five schools he shall be allowed two dollars for each additional school more than one hundrd and twenty-five. In addition thereto the county superintendent shall be allowed the same compensation for conducting examinations as is allowed his assistants; provided, that the salary in no case shall exceed twelve hundred dollars; such compensation shall be paid quarterly upon

orders drawn by the county superintendent on the state superintendent of free schools, who shall upon receiving the same draw his warrant upon the auditor therefor, payable to the said county superintendent, or to such person as he may direct; but the payment of the fourth quarter shall not be made until the county superintendent has made the reports to the state superintendent of free schools required by section twenty-two of this chapter and for every day after the first day of September before the receipt of these reports the state superintendent shall deduct three dollars from the salary of the county superintendent, unless said reports are delayed by sheriffs' settlements or reports from secretaries of boards of education; the salary of the county superintendent shall be paid out of the general school fund, but the amount thereof shall be deducted by the auditor from the amount next to be distributed to each county.

As a further means of improvement among teachers, the county superintendent shall arrange for and conduct district institutes, or teachers' round table, one or more to be held in each district of his county within the school year, and at such time and place as is most convenient for the teachers. Boards of education shall allow the teachers of their respective districts at least one day's pay in each school year for their actual attendance upon said district institute, such day to be counted as if spent in teaching, and

a part of the school term. The county superintendent shall certify to the secretary of each board of education the attendance of teachers of the different district institutes, and credit shall be allowed for the one day's attendance herein provided for, in the school month in which said institute is held; provided, that no teacher shall be allowed such pay unless he has been regularly employed by the trustees or board of education.

The county superintendent shall, before entering upon the duties of his office, execute a bond conditioned according to law, before the county court of his county, or the clerk thereof in vacation, in the sum of one thousand dollars with approved security, upon which bond he shall be liable in any court having jurisdictien, to any person or persons, or to any board of education for losses sustaned by reason of his neglect, or non-performance of his duties imposed by this chapter; said bond shall be filed in the office of the clerk of the county court, who shall within five days, certify to the state superintendent of schools the name of said

as

county superintendent and his post office address, provided, that the county superintendents heretofore elected shall continue in office until their successors shall have been elected and qualified under this chapter.

A vacancy in the office of county superintendent shall be filled for the unexpired term by the presidents of the boards of education in the county, at a meeting to be called for that purpose by the clerk of the county court at the court house of the county within thirty days after the vacancy occurs. A majority of said presidents shall be necessary to constitute a quorum at such meeting.

CHAPTER 59.

(Senate Bill No. 6.)

AN ACT limiting the hours of service of train dispatchers, tele

graph and telephone operators in certain cases in twenty-four consecutive hours.

[Passed February 21, 1907. In effect ninety days from passage.

Governor, February 25, 1907.)

Approved by the

SEC. 1.

Sec.

Telephone or telegraph operators

serving in certain capacity of
railroads not to be on duty
more than eight out of twenty-
four consecutive hours; when

permitted to work twelve hours; how long;

agreement between company and operator. Penalty for violations.

2.

Be it enacted by the Legislature of West Virginia:

Sec. 1. That it shall be unlawful for any person, corporation or association, operating a railroad within this state to permit any person employed by them, or on their railroad, in the capacity of telephone or telegraph operator, whose duty it is to space or block trains or engines, or handle train orders governing the movement of trains or engines, or handling interlocking switches governing the movement of trains or engines, to permit such telephone or telegraph operator so employed to be on duty more than eight hours in any twenty-four consecutive hours; provided, that the provisions of this act shall apply only to such parts of a railroad where three or more passenger trains pass each way in twenty-four consecutive hours, or where ten or more freight trains pass each way in twenty-four consecutive hours, or at any office where said telegraph or telephone operators are employed twenty or more hours in twenty-four consecutive hours, and provided, further, that in case of necessity caused by the sickness of any such operators or by an accident on such railroad, such telephone and telegraph operators may be permitted to be on duty for a period of twelve consecutive hours in any twenty-four consecutive hours, but such extension of time shall extend only for a period long enough to enable such railroad company to supply the required number of operators at such office, and shall in no case extend over a period of more than two days, nor under this provision shall it be lawful for any telegraph or telephone operator to be on duty twelve consecutive hours in any twenty-four consecutive hours for more than three times in any calendar month; but nothing in this act shall prevent any such company and operator agreeing to a longer day than eight hours, but in no case shall any such operator be permitted to be on duty longer than twelve consecutive hours in any twenty-four consecutive hours under such agreement.

Sec. 2. Any person, corporation or association convicted of violating the provisions of this act shall be guilty of a misdemeanor and pay a fine of one hundred dollars for the first offense, and for each offense committed after the first conviction hereunder, pay a fine of three hundred dollars.

CHAPTER 60.

(House Bill No. 291.)

AN ACT providing for the appointment and removal of a state

highway inspector and prescribing his duties and compensation.

[Passed February 19, 1907. In effect ninety days from passage.

Governor, February 24, 1907.)

Approved by the

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Be it enacted by the Legislature of West Virginia:

Sec. 1. That the governor by and with the advice and consent of

the senate, shall appoint as state highway inspector some citizen of this state entitled to vote, whose term of office shall begin at the date of appointment, and shall continue for two years unless he be sooner removed.

Sec. 2. The person so appointed shall make the oath or affirmation prescribed by section five of article five of the constitution, and such oath shall be certified by the person who administers the same and shall be filed in the office of the secretary of state.

Sec. 3. The governor may remove such officer in case of incompetency, neglect of duty, gross immorality, or malfeasance in office, and in case of a vacancy, whether occurring by reason of removal or otherwise, may declare the office vacant, and fill the same by appointment for the unexpired term. Sec. 4. The salary of the state highway inspector shall be two

4 thousand dollars a year; he shall be repaid his actual disbursement for traveling expenses, not exceeding one thousand dollars in any one year, an itemized account of which shall be filed with the auditor to be audited by him before payment thereof; he shall be provided with an office in the capitol and with such furniture, stationery and clerical assistance as shall be necessary. Sec. 5. It shall be the duty of the state highway inspector to

5 consider and report to the governor and to the next regular session of the legislature of this state, what changes are required in the laws of West Virginia relating to the construction and maintenance of the public highways of the state to meet the conditions as they exist within the several counties of the state, with the least possible burden upon the people and property of the state; he shall submit to the governor and to the legislature, together with his report, such measure or measures as he may deem necessary or expedient to remedy defects; remove irregularities in our present laws relating to the subject named and give the state a more efficient system of laws relating to the construction and maintenance of the public highways together with a brief report giving the total number of miles of road in each of the counties, the manner in which roads are constructed and maintained, the manner in which money for such purpose is raised and how expended the manner in which accounts pertaining to the same are reported, the amounts expended annually during the past five years by the various counties of the state for the construction and maintenance of public highways, and with what results as may be shown by their present condition of improve

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