CHAPTER XXXV.

An Act establishing the Burning Springs Independent school district.

Passed February 15, 1872.

Be it enacted by the Legislature of West Virginia:

constituted.

1. The town of Burning Springs and school districts How district Nos. 4 and 5, in the township of Burning Springs, in the county of Wirt, as now bounded and designated, shall constitute one school district, and the board of education shall consist of three commissioners, who shall be elected tion; their elecby the resident voters of said district, and have exclusive tion. control of all schools therein.

Board of educa

in board.

ers of board.

2. The property, real and personal, within the said dis- Property vested tricts, now vested in the board of education of Burning Springs township, shall by this act vest in the board of education of the district of Burning Springs, which board Rights and pow shall have the same rights, and shall exercise the same powers, perform the same duties, and be governed by the same laws that boards of education of townships are, except so far as may be otherwise provided in this act. Whenever the word "township" occurs in the school law, Meaning of it shall be construed to mean "school district," whenever necessary to give effect to this act. The levy for Levy of 1871 schools and building purposes made in the said township this act. of Burning Springs for the year 1871, shall be collected and disbursed in the same manner as if this act had not been passed; and any debt or liability incurred by the board of education of the township of Burning Springs,

not affected by

and liabil

for school property, real or personal, within the said dis-ities to be borne trict of Burning Springs, which shall not be liquidated by equitably. levies made prior to the passage of this act, shall be borne equitably by the district of Burning Springs and the township of Burning Springs, in the proportion that the taxable property of the said district and township bear to each. other.

rated.

3. The board of education, herein provided for, shall Board incorpobe a corporation by the name of District of Burning Springs, and by that name may sue and be sued, implead and be impleaded, purchase, hold and grant es- and powers.

Further rights

Election of com

tates, personal and real, make ordinances, by-laws and regulations, not inconsistent with the constitution and laws of this State, for the government of all persons and things under its authority and the proper conducting of its affairs.

4. The qualified voters of the said school district of missioners and Burning Springs shall, on the second Thursday of April treasurer. next, elect three commissioners and one treasurer, who Bond of treas- shall qualify, and the treasurer give bond for the faithful performance of his duties in such penalty as the board of education of said district shall order. W. W. Thomason, Commissioners Alexander Monroe and L. D. Wheaton shall conduct said

arer.

of election.

How future

elections conducted.

Official term.

Tie vote.

election, and the annual elections thereafter shall be conducted by three voters of said district, selected by the board of education thereof.

5. The official term of the commissioners to be elected under this act shall commence on the first day of May next succeeding the time of their election; and the one receiving the highest number of votes at the first election. shall hold his office for three years; the one who receives the next highest number of votes shall hold his office for two years; the other shall hold his office for one year; but those who receive an equal number of votes, shall, if elected, determine their respective terms of office by lot. And annually from the time of the election there shall be one commissioner and a treasurer elected, which commissioner shall hold his office for three years. Vacancies in Vacancies; how the office of commissioner or treasurer shall be filled in the manner prescribed by law for township boards of education. The provisions of the general school law in relalaw not to apply tion to the appointment of trustees, shall not apply to the district of Burning Springs.

Annual election.

filled.

"General school

to trustees.

Election of

clerk; their

duties.

6. The board of education of said district shall, at their president and first meeting, or as soon after as may be practicable, elect one of their number president, and appoint a clerk, who shall perform all the duties to be performed by the president and clerk of a township board of education, which may not be inconsistent with this act.

rimary schools

7. The board of education of said district shall have power to establish an adequate number of primary schools

pre

High school.

and a central high school, by such name as may be scribed by said board, in which may be taught all the Branches taught branches of education usually taught in colleges, and shall have power to admit to said schools pupils not resident in Admission of said district, upon payment of such tuition as they may prescribe.

non-residents.

board.

school purposes.

8. The said board may hold as many stated meetings as Meetings of they shall deem necessary, and it shall be their duty, annually, on the first Monday in May to ascertain as near as practicable the amount of money necessary, in addition Assessment for to all other available funds which ought to be expended for school purposes in said district during the succeeding year, for which amount said board shall levy a tax upon the property included in said district, and the residents thereof, and collect the same, and a lien shall exist on the Lien. real estate taxable in said district for all taxes levied thereon. The treasurer shall be the collector of all said Treasurer to taxes levied therein, and shall receive from the state treasurer its quota of the state school fund, and the said board shall carry into effect the provisions of this act in the same manner as other school taxes collected under the provisions of the general school laws of this State.

collect.

For what pur

9. The taxes levied in said district for school and build- Rate of taxation ing purposes shall never exceed the rate prescribed in the law relating to general free schools, and the amount so levied and collected may be entirely for educational pur- poses taxes to poses, or partly for educational and partly for building purposes, as the board of education from time to time deem expedient, but shall not be used for any other purpose.

be used.

Schools to con

months.

10. The board of education of said district shall annually levy such tax on the taxable property of said district tinue eight as will, with the money secured from the state for the support of the schools therein, be sufficient to keep said. schools in operation for at least eight months in the year.

Hogs not to run at large.

How dealt with.

CHAPTER XXXVI. ·

An Act to prevent hogs running at large in Warren township, Upshur county.

Passed February 14, 1872.

Be it enacted by the Legislature of West Virginia:

That it shall be unlawful for the owners of hogs to permit the same to run at large on the public highways in Warren township, in the county of Upshur.

Any hog so found running at large may be regarded and dealt with as an estray, according to the provisions of chapter sixty-one of the Code of West Virginia.

Preamble.

Order confirmed

Authority to construct inclined plane.

Proviso.

CHAPTER XXXVII.

An Act to confirm an order of the supervisors of the county of Harrison concerning the Parkersburg Coal Company.

Passed February 14, 1872.

WHEREAS, by an order of the supervisors of the county of Harrison made on the eleventh of September, 1871, leave was given to the "Parkersburg Coal Company" to cross the Northwestern turnpike road on the farm of Bexjamin Wilson, near Wilsonburg, in said county, with their inclined plane, in the manner and subject to the conditions therein expressed; and,

WHEREAS, a doubt arises whether the grant of such privilege by the said supervisors is valid without the sanction of the legislature; therefore,

Be it enacted by the Legislature of West Virginia :

That the said order of the said supervisors be and the same is hereby ratified and enforced, and that the said company shall be authorized to construct their inclined plane required for their works across the said Northwestern road in the manner described in said order; Provided, however, that said plane shall be so constructed that the trestle work thereof shall be not less than fifteen feet above the surface of said road, and that the timbers of

said trestle-work shall not be placed on the bed of said road, or the material used in macadamizing the same, and shall not in any other manner obstruct the travel upon said road or the free use thereof by the public.

CHAPTER XXXVIII.

An Act to authorize the trustees of the Southern Methodist Church in the town of Mannington to sell and convey, in part or all, their church property in said town.

Passed February 14, 1872.

Be it enacted by the Legislature of West Virginia:

sell and convey

That the trustees of the Southern Methodist Church in Authority to the town of Mannington, in the county of Marion, be Proviso. hereby authorized to sell and convey all or a part of the property of the said church in the aforesaid town of Mannington; Provided, that all of said trustees shall be in favor of such sale and conveyance.

CHAPTER XXIX.

An Act authorizing the payment to Jacob Eversole, of Berkeley county, of a sum of money expended by him in support of a lunatic.

Passed February 15, 1872.

Be it enacted by the Legislature of West Virginia:

That the auditor of public accounts be, and he is hereby Appropriation. instructed to draw a warrant upon the treasurer in favor of Jacob Eversole, of the county of Berkeley, for the sum of one hundred and eighty-six dollars and eighty-five cents, expended by him in the maintenance of the late Rev. Christian Eversole, a deceased lunatic without personal estate, who could not be admitted into the state lunatic asylum, at Weston, because of there then being no vacancy in that asylum.