practicable, to ascertain, as near as practicable, the amount of money necessary, in addition to all other available funds, to keep such schools in operation for at least six months in the year, for which amount said board shall levy a tax upon the taxable property in said district; and at the same time, the board shall ascertain, as near as practicable, the amount of money necessary for building purposes, for which amount said board shall levy a tax upon the taxable property in said district, provided that the levy for school purposes shall not exceed sixty cents on the hundred dollars, and for building purposes not exceed forty cents on the hundred dollars of the taxable property of the district. A lien shall exist on the said Lien for taxes. real estate, taxable in the said district for all the taxes

levied thereon.

tary and as

sessor.

8. It shall be the duty of the Secretary of said board, Duties of secrewithin twenty days after such levies are made, to certify the per cent. levied to the assessor of the district in which said school district may lie, whose duty it shall be to extend the same on his books; and within twenty days after he delivers his books to the sheriff of the county, the said assessor shall certify to the secretary of said board the value of the taxable property, real and personal, within said school district, and the amount of levies for the same, and the secretary shall charge the sheriff with. the amount of such levies.

treasurer.

His duties.

9. The sheriff of the county of Roane shall be treasurer Sheriff to be of said district, and he and his sureties shall be liable for all funds of said district that may come into his hands; he shall pay all orders that may be drawn on him by said. board, which are signed by the President and Secretary, if he has money in his hands applicable to the payment of the same, and if he fails to pay any such order presented to him for payment, properly endorsed, when he has How proceeded funds applicable to the payment of the same, the party against. entitled to the benefit of such order may recover judgment against him and his sureties or any one or more of them for the amount thereof and interest thereon at the rate of twelve per centum per annum from the time of such presentation until payment, before any justice or court having jurisdiction. On motion after ten days' notice of such mo- trial.

What may be

presumed on

Delinquent list.

tion, and at the the trial of such motion it shall be presumed that after he has had the levies of said district for three months, that he has collected one-half thereof, and after he has had the same for six months that he has collected the whole amount thereof, except such delinquents as he may be entitled to, and in his return of delinquent taxes he shall designate such as may be in said district.

Management and control of estate, &c.

Quorum.

Trustees and organization into classes.

First class.

Second class.

Third class.

Rotation.

Members reeligible.

CHAPTER LIII.

An Act to amend an act entitled "an act to incorporate the Brooke County Cemetery Company," passed December 14th, 1857.

Passed February 16, 1872.

Be it enacted by the Legislature of West Virginia :
That the fourth section of said act be amended so as to
read as follows:

That the estate, property and affairs of said corporation shall be managed and controlled by a board of fifteen trustees to be chosen among the original corporators, or those who may have become proprietors of lots in said cemetery, in which election each incorporator or lot owner shall be entitled to one vote.

That three of said trustees shall constitute a quorum capable of doing business.

The persons now constituting the board of directors shall be the first trustees, and shall as soon as may be after the passage of this act, organize themselves into three classes.

The first class so organized shall go out of office, and successors, being lot owners, be chosen on the first Monday in January, 1859; the second in like manner on the first Monday in January, 1860; and the third in like manner on the first Monday in January, 1861; and thenceforward annually one class in order shall go out of office, and successors, being lot owners, be chosen.

The members of the several classes shall be re-eligible, and retain their stations until their successors are chosen.

Notice of such elections shall be given in one newspaper published in the county of Brooke, for at least fourteen days prior to holding the same.

Notice of
election.

Each lot owner shall be entitled to one vote in person or Who may vote. by proxy; and the five persons being lot owners having a majority of all the votes at such election shall be declared

duly elected trustees.

president, sec

treasurer.

The trustees shall elect from their number officers, one Election of of whom shall be designated president, and a secretary, retary and and a treasurer, who shall make a report of their proceedings and a statement of the finances at the annual Their duties. meetings of the board, and as much oftener as a majority of the board shall require. poration shall hereafter be owners, and shall have the power to fill any vacancy in Vacancies. their number that may occur during the period for which they hold their offices.

"lot owners.""

The trustees of the said cor- Trustees to be chosen from among the lot

CHAPTER LIV.

An Act to give to the town of Ripley, in the county of Jackson, control of the Free Schools within its limits.

Passed February 16, 1872.

Council to control common schools.

Be it enacted by the Legislature of West Virginia: 1. That the common council of the town of Ripley shall have entire jurisdiction and control over the common schools included within the corporate limits of said town, and for that purpose the territory embraced within the corporate limits aforesaid, is hereby erected into an inde- Independent pendent school district.

district created.

Money and property trans

2. The board of education of Mill Creek township is hereby authorized and required to turn over to the treasu-ferred. rer of the town of Ripley, without delay, all moneys and property belonging, or in any wise appertaining to the common school, embraced within the territorial limits of said town.

3. The common council shall make such rules for the

Council to make government of the schools under their jurisdiction as they may deem expedient or necessary for the advancement of pupils attending the same.

rules.

Powers of
Council.

"Transfer of

school property.

Jurisdiction forbidden.

4. The common council shall have power, whenever, in their opinion, they deem it necessary, to purchase and hold lands on which to build school houses, and to apply to the court for a writ in the nature of a writ ad quod damnum to have such lands as they may need for the purpose aforesaid condemned, and to employ and regulate the salaries of teachers in the schools under their jurisdiction, and to lay a sufficient levy upon the taxable property and persons of their town to continue the common schools at least six months in the year, and shall observe and enforce the general school law of the State in the common schools under their control.

5. The school houses and lots on which to build school houses, now held by the board of education of Mill Creek township, included within the territorial limits of the town of Ripley, are hereby transferred to the municipal authorities of said town.

6. The board of education of Mill Creek township shall have no jurisdiction over the schools of said town.

School district established.

CHAPTER LV.

An Act to establish an Independent School District in the town of Grafton.

Passed February 16, 1872.

Be it enacted by the Legislature of West Virginia:

1. The town of Grafton as now bounded and designated, shall be and is hereby created an independent school disBoard of educa- trict. The board of education of said district shall consist of three school commissioners, who shall have exclusive control of the schools within the same.

tion.

Board incorporated.

2. The board of education of the said district herein provided for and their successors, shall be a body corporate by the name of "The Board of Education of the town of

corporation.

Grafton," and as such, may sue and be sued, plead and be impleaded, and shall be invested with the same rights and exercise the same powers, perform the same duties and be Powers or governed by the same laws as boards of education of townships are, except so far as may be otherwise provided in this act.

3. All the property, both real and personal, now vested Transfer of in the board of education of Grafton township and being property. within the corporate limits of the town of Grafton, shall, by this act vest in the board of education of the town of Grafton.

Election of com

4. The qualified voters of the said district, shall, on the third Monday in March, 1872, elect three commissioners missioners. who shall hold their offices for the term of one, two and three years, respectively, from the first day of May, 1872, and their respective terms of office shall be determined by Terms of office. lot, and annually thereafter shall elect one commissioner whose term of office shall be three years. The said elections shall be held at the same place and time and be conducted by the same officers as the corporation elections of said town of Grafton.

Election of

clerk; their

5. The board of education of said district, shall, at their meeting, elect one of their number president and another president and clerk of said board, who shall perform all the duties which duties. are required by law to be performed by a president and clerk of a township board of education.

6. It shall be the duty of the said board of education at Annual levy. an annual meeting to be held on the first Monday in July, to determine the amount of money necessary, in addition to all other available funds to be expended for school and building purposes in said district dursng the succeeding year, for which amount the said board of education shall levy a tax on all real estate and personal property in said district subject to State and county taxes, and a lien is Lien for taxes. hereby declared to exist on all the real estate in said district for all taxes levied thereon by said board for school and building purposes.

7. It shall be the duty of the said board of education of Adjustment of the town of Grafton to notify the board of education of

accounts.