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CHAPTER 70.

(House Bill No. 277.)

AN ACT to amend and re-enact sections thirty-eight and forty of

chapter forty-five of the code of West Virginia as last amended and re-enacted by chapter sixty-seven, acts of the legislature of one thousand nine hundred and five, relating to education.

[Passed February 22, 1907. In effect ninety days from passage.

Governor, February 27, 1907.]

Approved by the

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Be it enacted by the Legislature of West Virginia:

That sections thirty-eight and forty of chapter forty-five of the code of West Virginia as last amended and re-enacted by chapter sixty-seven of the acts of the legislature of one thousand nine hundred and five, be and the same are hereby amended and re-enacted so as to read as follows:

Sec. 38. To provide school houses and grounds, furniture, fixtures and apparatus, and keep the same in good order and repair; to supply said schools with fuel and other things necessary for comfort and convenience; to pay teachers for institute attendance, and to pay any existing indebtedness against the building fund, and all other expenses incurred in the district in connection with schools not chargeable to the “teachers' fund”, the board of education shall annually on the first Monday in July, or as soon as practicable thereafter, levy a tax on the property taxable in each district, not to exceed the rate of fifteen cents on every one hundred dollars valuation thereof; provided, first, that if the board of education of any district shall be of the opinion that the maximum fixed herein is insufficient for any year, it shall make up'an itemized estimate of the expenses to be provided for in such year with the rate of levy in cents on each one hundred dollars on the valuation necessary to provide for the payment thereof, and may submit the question of an increase levy to the voters of the district at an election to be held therein on not less than thirty days published notice, and may make such rules and regulations as may be necessary for the holding of such election, and if the majority of votes cast on the question of an increased levy at such election be in favor of such levy, the board of education may levy such amount stated in the notice of the election as necessary; provided, second, that in case it is necessary to construct a new school building in any year or to finish paying for any building already erected, or being erected, the levy for such year may be made any amount necessary, not exceeding twenty-five cents on the one hundred dollars valuation of property; provided, further, that if there is any indebtedness contracted for and not provided for, against said fund on account of any building now under construction, the board of education may issue orders for such indebtedness, which orders shall bear interest from date, and a list of such orders shall be kept by the secretary, and the board may from year to year, lay such additional levy not to exceed twenty-five cents on every one hundred dollars worth of taxable property within the said magisterial district from year to year until all of such indebtedness and orders are paid off.

Provided, third: Districts and independent districts having outstanding bonds may increase the levies aforesaid by an amount sufficient to pay the interest on such bonds and the principal thereof in the time provided in the issue of such bonds, but the proceeds of such additional levy may be used for that purpose and no other.

Before laying the levy herein provided for, or any part or portion thereof, the board shall proceed to make up an estimate of the amount necessary to be levied for, which estimate shall set forth the several heads of expenditures with the amount estimated as necessary under each head and shall enter the same on its record or minutes; such record shall be open to the inspection of any tax payer of the district or any official or officials whose duty it is to see that the laws concerning the levying of taxes are faithfully enforced.

Sec. 40. For the support of the primary free schools of the district, and of each independent school district, and to pay any existing indebtedness against the “teachers' fund”, the board of education thereof shall annually, on the first Monday in July, or as soon thereafter as possible, levy by the authority of the people as prescribed in section two of this chapter, such tax on the property taxable in the district as will, with the money received from the state for the support of free schools, be sufficient to keep the schools in operation at least six months in the year; the proceeds of this levy, together with the money received from the state as aforesaid and this amount in the hands of the sheriff to the credit of the teachers' fund of any district, shall constitute a special fund to be called the “teachers' fund” and no part thereof shall be used for any other purpose than the payment of teachers' salaries for the current year. Upon the failing of any board of education to lay such levy as is herein required, or any other levy provided for in this chapter, they shall be compelled to do so by the circuit court of the county by writ of mandamus, unless good cause be shown to the contrary; provided, first, the levy herein provided for shall not in any one year exceed the rate of twenty-five cents on every one hundred dollars valuation of the property in the district, according to the latest available assessments; provided, second, that if the levy provided for in this section shall not be sufficient to run the schools in the district six months the board may increase such levy to any amount actually necessary to run the schools not less than six months, nor longer in the independent school districts; provided, third, that in any magisterial, or any independent school district where such district maintains a high school, the board of education may levy for said high school in any one year a rate not to exceed ten cents on each one hundred dollars valuation of the property in the district, according to the latest available assessment, in addition to the levy that is provided for above.

CHAPTER 71.

(Senate Bill No. 46.)

AN ACT to amend and re-enact section thirty-four of chapter three

of the code of West Virginia as to the form of ballot to be used at any election held in the state of West Virginia.

Became a law

(Passed February 22, 1907. In effect ninety days from passage.

without the approval of the Governor.)

Sec.

SEC. 34.

Ballots, how prepared and printed ;
residence and name

of candi-
dates, how designated on ballot;
political party to adopt emblem ;
shall certify to clerks of cir-

cuit courts: persons nominated by petition to adopt emblem; how ballots shall be marked ; form of ballot to be used.

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

That section thirty-four of chapter three of the code be amended and re-enacted so as to read as follows:

Sec. 34. All ballots prepared under the provisions of this chapter shall be prepared on white paper of uniform size, of the same quality and sufficiently thick that the printing cannot be distinguished from the back, and shall contain the name and residence of every candidate whose nomination for any office has been certified or filed according to the provisions of this chapter, and no other.

The names of all candidates nominated by each political party or by petition, respectively, shall be printed upon the ballots in colums containing the names and residences of all candidates nominated by the same political party or by petition, and no others; and if any candidate be nominated by a convention or primary election for any office, the name of any other candidate nominated in any other way not provided in this chapter for the same office shall not be printed on the ballot in the same column with the names of said candidates nominated by said convention or primary election.

The state executive committee of any political party in the state shall select and adopt a party emblem for its party, and shall, at least ninety days before any election, certify the same to the clerks of the circuit courts of the several counties of this state, and the emblem adopted shall remain the same until changed and certified as aforesaid; but no two parties shall adopt the same emblem; and when a ticket or person is nominated by petition as provided by law, the petitioners shall adopt and designate an emblem which shall be set out in said petition.

At the head of each column of political party nominations there shall be printed in clean, bold type an emblem such as may be decided upon by the state executive committee of that party, or petitioners as aforesaid.

Under the emblem so selected by said executive committee or petitioners the names of the respective political parties or principle shall be printed, and under the name of said party or principle shall be printed a space one-half inch square; also there shall be printed a space one-fourth of an inch square at the right of the name of each candidite.

The several party tickets shall be similar in form, except the emblems and name at the head of the ticket.

The voter shall mark a cross in the square at the head of the ticket he wishes to vote, and in case the voter wishes to vote for a candidate on another party column he shall make a cross in the square opposite the name of the candidate for whom he wishes to vote. using pen and ink or indelible pencil in marking said ticket.

The following form of ballot modified to meet the requirements of any election may be used, and is hereby appended and made a part of this act.

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