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land where Jabez Dillion now lives, thence a line upon same to the turnpike road crossing same in Franklin township, to the top of the ridge near "Bowling Green," so as to include Wm. J. Baxter and Philip Troxell's farms, thence a line to Elk river, so as to include Benj. Huffman's farm, thence with the meanders of the river to the beginning, containing one school district. And the board of educa- Board of education of said district shall consist of three commissioners, who shall be elected by the resident voters of the district.

tion.

commissioners.

2. The qualified voters of the said school district shall Election of on the second Saturday of April, 1872, elect three commissioners, who shall hold their office for one, two and three years, and their respective terms of office shall be determined by lot, and shall annually thereafter at the election, to be held for mayor and town council, elect one commis- Term of office. sioner, who shall hold his office for three years, and the town council of the "Town of Sutton," shall appoint three voters to conduct the said election. The official term of the commissioners elected under this act, shall commence within ten days after they are officially notified of their Beginning of. election, and shall continue in office until their successors are elected and qualified.

rated.

3. The board of education of said district shall be a cor- Board incorpoporation by the name of "the board of education of the town of Sutton," and by that name shall sue and be sued, plead and be impleaded, hold and grant estates, personal and real, when necessary, and make ordinances and bylaws, and regulations not inconsistent with the laws of this State, for the government of its affairs.

powers trans

4. The property, real and personal, within said district, Rights and now vested in the boards of education of Franklin and ferred. Lincoln townships, shall by this act vest in the board of education of the town of Sutton, and said board shall have the same rights, 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, and whenever the word "township" occurs in the school laws of this State, it shall word "townbe construed to mean "school district," when necessary to give effect to this act. The said board shall at their first meeting, or as soon thereafter as may be practicable, elect

Meaning of the

ship."

President and clerk of board.

Primary schools

Non-resideut pupils.

one of their number as president, another to act as clerk, who shall perform all the duties which are required to be performed by a president and clerk of a townshiy board of education.

5. The said board of education, of said district, shall and high school. have power to establish an adequate number of primary schools, and a central high school in which may be taught all the branches of education usually taught in academies. or colleges, and shall have power to admit pupils not resident of said district, on payment of such rates of tuition as they may prescribe, and make all necessary rules and regulations for the admission of pupils therein, and for the examination that pupils must pass preparatory to May purchase schools of higher grades; and to purchase and condemn all necersary real estate for school house and college sites, and to receive by voluntary donation, or otherwise, all sums of money or books that may be donated to them for the purpose of this act.

Examination.

and condemn

lands and receive donations.

Adjustment of accounts.

ment.

6. That it is the duty of the board of education of said district, after they are qualified as aforesaid, to issue notices signed by the president and clerk to the township board of education of Franklin and Lincoln townships, to meet at their office in said district for the purpose of a settlement, and the board of education of the "town of Sutton" shall assume the payment of their proportion of all indebtedness of said Franklin and Lincoln townships that has accrued to the passage of this act, and the said boards of education of Franklin and Lincoln townships shall pay over to said board of education of the "town of Sutton," their proportion of all money in hand, and shall account for all arrears and all monies unpaid that are justly due the various portions of school districts embraced in said independent school district, and shall account for all taxes uncollected up to the passage of this

act.

The basis for said settlemennt shall be the ratio that the Basis of settle- taxable property in said school district in the "town of Sutton" is to the remaining taxable property in said townships of Franklin and Lincoln.

Annual meeting

7. The annual meeting of the said board shall be on the first Monday in June, and they may hold such other

meetings as they may think necessary for the transaction
of business. It shall be the duty of said board at their
first annual meeting, and annually thereafter to determine Levy.
as near as possible the amount of money necessary, in
addition to all other available funds which ought to be ex-
pended in said school district during the succeeding school
year, for which amount the said board shall levy a tax on
property in said district, real and personal, and collect the
same, sufficient to run a school six months in the year, and
may by consent of the voters levy a tax to continue said
school ten months in the year; Provided, however, said Proviso..
tax shall not exceed sixty cents on the one hundred dollars
valuation for any one year, for both school and building
purposes without the consent of the voters of said district,
which shall be ascertained in the following manner:

8. If the board shall be of the opinion that the circum- Board may instances will justify a larger levy than sixty cents upon the creas, levy. one hundred dollars valuation, they shall call a school meeting of the voters of the district, by giving not less than ten days, notice of the time, place and object of the meeting, which notice shall be posted in five public places in the district, and upon the front door of the court-house, and a majority of the voters present and voting at said meeting, shall determine the amount which shall be levied over and above the sixty cents upon the one hundred dollars valuation. All taxes under this act shall be collected by the sheriff, and accounted for to the said board Sheriff to collect. upon drafts drawn on the sheriff, signed by the president

and countersigned by the clerk of the said board.

9. The board of education of said district shall perform Duties of board. all duties heretofore transacted by trustees.

CHAPTER XLIV.

An Act to authorize the trustees of the Belington, Barbour county, Presbyterian church, to sell the same.

Passed February 16, 1872.

Be it enacted by the Legislature of West Virginia:

sell and convey.

1. That the trustees of the Presbyterian church at Authority to Belington, in the county of Barbour, be, and are hereby authorized to sell and convey their church property.

Authority to

CHAPTER XLV.

An Act authorizing the Trustees of the M. E.
Church South, in Parkersburg Township,
Wood county, to sell and convey their church
property.

Passed February 16, 1872.

Be it enacted by the Legislature of West Virginia :

1. The trustees of the Methodist Episcopal Church sell and convey South, in Parkersburg township, Wood county, in this State, are hereby authorized to sell and convey their church property, known as Snakesville church in said. township, in said county, and now used as a school house.

Taxes refunded

CHAPTER XLVI.

An Act authorizing the Board of Supervisors of Brooke county to refund W. K. Pendleton, of said county, certain taxes erroneously assessed and collected.

Passed February 16, 1872.

Be it enacted by the Legislature of West Virginia :

1. That it shall be lawful for the supervisors of the county of Brooke to hear amd determine any question connected with erroneous assessment and collection of taxes for the years 1868, 1869, 1870 and 1871, from W. K. Pendleton, on his gas stock. And should it be found that he has twice paid the tax assessed thereon for any one year, then the said board may make such corrections as said board could have made had his said application been made as required now by law, and such correction shall have the same effect as though it had been made within the time now prescribed by law before said board.

CHAPTER XLVII.

An Act authorizing the Trustees of the M. E.
Church, South, Harris Township, Wood county,
West Virginia, to sell and convey their church
property.

Passed February 16, 1872.

Be it enacted by the Legislature of West Virginia :

Authority to

1. That the trustees of the Methodist Episcopal Church, South, in Harris township, in Wood county, West Vir- sell. ginia, are hereby authorized to sell and convey their church property, known as Baylas Chapel, situated in said township, on Pond Creek.

CHAPTER XLVIII.

An Act to amend and re-enact sections one and two, and to repeal sections three, four, five and six, of chapter seventy of the Code of West Virginia.

Passed February 16, 1872.

Be it enacted by the Legislature of West Virginia :

ded.

That sections one, and two, of chapter seventy of the Code sections amenof West Virginia are hereby amended and re-enacted so as to read as follows:

"1. Any alien, not an enemy, may inherit or purchase Aliens may inand hold real estate, as if he were a citizen of this State. and hold real

herit, purchase

estate.

May convey,

under the laws

"2. Any such alien may convey or devise any real estate so held by him, and if he die intestate it shall de- devise and take scend to his heirs; and any such alienee, devisee, or heir, of descent. whether a citizen or an alien, may take under such alienation, devise or descent."

Sections three, four, five and six, of chapter seventy of Sections rethe Code of West Virginia, are hereby repealed.

pealed.

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