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school district, whenever necessary to give effect to this act.

Board incorporated.

Further powers of board.

3. The board of education of said town herein provided for shall be a corporation by the name of “The Board of Education of the School District of Harrisville," and by that name may sue and be sued, plead and be impleaded, contract, purchase, hold and grant estates, personal and real, and make ordinances, by-laws and regulations, consistent with the laws of this state, for the government of all persons and things under its authority, and the due and orderly conducting of its affairs.

Election of

Term of offief.

Commissioners of elections.

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4. The qualified voters of the school district of Harriscommissioners. ville, on the first Tuesday of April next, shall elect three

commissioners as herein provided for, who shall serve until

January first, 1873. Subsequent elections shall be held Annual election on the fourth Thursday in October in each year.

5.' The first election provided for in the preceding section shall be conducted by Z. N. Pierpoint, Benj. Patton and James Hill, who are appointed commissioners for that purpose, and said election shall be held at Harrisville, and said commissioners shall qualify, and said election shall be conducted, so far as practicable, according to the laws

governing elections, in force on that day. The official Official term of term of the commissioners so elected shall commence on

the first day of May, 1872, and terminate on the thirtyfirst day of December, 1872. The official term of commissioners elected at subsequent elections shall commence on the first day of January of each year. Section two of chapter forty-five of the code shall not apply to the first election provided for, but shall apply to all subsequent elections.

How election conducted.

commissioners.

Code not to apply to first election,

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Clerk; his clection.

His duties.

6. The board of education of the school district of Harrisville, at their first meeting, or as soon thereafter as may be practicable, elect one of their number to act as clerk of said board, who shall perform all the duties which are required to be performed by a clerk of a township, which may be consistent with this act, but shall not vote on any

question arising in the board, by reason of being clerk of Ilow entitled to said board, but shall be entitled to vote as commissioner.

They shall also appoint a treasurer, and require from him

vote.

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bond.

paid out.

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Rules and regulations.

ITA

hel

real estate.

District levy.

a bond with sufficient security, in such penalty as may be Treasurer ; his
deemed requisite; all moneys collected by him to be at all
times subject to payment on the order of said board of How money

education of said town. Bo 7. The board of education of said school district of Primary schools

and high school. Harrisville shall have power to establish an adequate numimple

ber of primary schools, and a central high school, by such
name as may be prescribed by said board, in which may be
taught all the branches of education usually taught in
colleges, and shall have the power to admit to said schools

Non-resident other pupils not resident in said school district, upon pay- pupils. ment of such tuition as they may prescribe, and make all necessary rules and regulations for the admission of pupils Taulessa therein, and for the examination that pupils must pass preparatory to admission into schools of higher grade ; and to purchase and condemn all necessary real estate for Acqnisition of school houses or college sites, and do any other act for the good government of said school.

8. It shall be the duty of the said board of education of

the school district aforesaid, to determine, at their first heim

meeting in July of each year, as near as practicable, the amount of money in addition to all other available funds, which ought to be expended for school purposes in the said district to continue the schools in operation in said district schools to be not less than eight months, for the succeeding year, for taught eight which amount the said board shall levy a tax upon the property included in said district, and the residents thereof, and collect the same, and a lien is hereby declared to exist Lien for taxes. on all real estate of the said district for all taxes levied thereon; and the said board shall carry into effect the provisions of this act in the same manner as other school tax is collected, under the provisions of the general school law of this state.

9. The taxes to be raised as aforesaid for school pur- Limit to taxaposes, in said school district, shall not exceed the amount as prescribed by law for township school purposes, and the amount so levied and collected as aforesaid may be used How taxes entirely for educational purposes, or entirely for building purposes, or partly for either, as the board of education

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months.

tion.

applied.

Treasurer's commission.

may from time to time determine, but shall not be used for any other purposes.

10. The treasurer of said school district may be allowed a commission of three per cent. upon all moneys collected and paid over, and not more; and it is further provided that said treasurer shall receive an additional commission of two per cent. upon all taxes, the defalcation upon the payment of which shall render it necessary to collect by justice's warrant or distraint.

11. The property, real and personal, within the school district aforesaid, shall by this act vest in the board of education of the school district of Harrisville.

Property to vest in board.

CHAPTER CXXXII.
An Act to incorporate the New River Navigat

tion Company

Passed February 28, 1872.

Commissioners

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Be it enacted by the Legislature of West Virginia :

1. That it shall be lawful to open books at Summers seription books. Court House, in the county of Summers, under the diree

tion of James M. Byrnside, Charles Clark, Lewis F. Clark,
Henry C. Byrnside, IIenry S. Shanklin, Frank Hereford,
Wm. B. Crump, Gordon L. Jordan, Wm. Hughes, Wm.
Houchins, Wm. II. French, N. B. French, Robert Gore,

Davis Calfee and Elijah Baily, or any three of them, for Capital stock. receiving subscriptions to the amount of one thousand dol

lars in shares of ten dollars cach, to constitute a joint capital stock for opening and improving the navigation of New River, from the depot on the Chesapeake and Ohio railroad to the Virginia state line.

2. The said books shall be opened, and subscriptions made in the manner prescribed by the general laws now in force, regulating corporations for internal improvement companies.

3. As soon as fifty shares, or five hundred dollars, shall have been subscribed, the subscribers, their executors, ad

Manner of

opening books and receiving subscriptions.

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Incorporation.

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company.
By-laws.

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Limit to rate of

:

o ministrators and assigns shall be, and are hereby incorporated into a company, by the name and style of the “New

Style of comRiver Navigation Company," with all the rights, privi- pany. leges and immunities, and subject to the responsibilities of sponsibilities of

a body politic or corporate, and may make such by-laws, html rules and regulations, not inconsistent with the constitulotion and laws of this state, and of the United States, as

they may deem necessary and proper. 4. That the company may demand and receive, at such Tolls to be ap

proved by board points on said river as may be selected by the president of public works. and directors of the company, in general meeting, such tolls as may be reasonable, and approved by the board of public works: Provided, that said tolls shall not exceed the rate of tolls allowed by law for similar works of inter-tolls. nal improvement. But in no case to exceed fifteen per cent. per annum, on the net cost of the improvement, including repairs, &c: Provided further, that tolls shall not When toll mas be demanded until, and before the river shall be improved be charged. to and through the Bull falls.

5. If any person shall pass any place where tolls are Penalty for failcollected, without the payment or tender of the legal tolls, tender the legal such person evading the payment, or tender, of tolls as aforesaid, shall be liable to the penalties prescribed in such cases by the general law concerning a turnpike company.

6. If the president and directors of said company shall Time for connot commence this improvement within one year from the completion of passage of this act, and complete the same within two years thereafter, as far as the upper end of the Bull falls, then the interest of said company in the navigation and Failure forfeits the tolls aforesaid shall be forfeited.

7. That the capital stock of the company may, at any Increase of time hereafter, by vote of the stockholders, be increased to an amount sufficient to improve the said river by sluice navigation to the Virginia state line, at the point where it crosses New river, and when improved to that point tolls may be charged to that point: Provided, that the legisla-Lights reserved ture hereby reserves the right to resume entire control of ture. said New river, whenever the interests of the state require the same to be done, or whenever the same shall be necessary to the completion of a through water line from the

pay

tolls.

and

work.

interest and tolls.

stock.

For what pur

Pose.

Ohio river to the waters of the Chesapeake bay, or for the improvement of the New river and its tributaries above the the mouth of Gauley river, and until then the said corporation shall have and use the privileges herein granted.

Act amendable.

8. The right is reserved to the legislature to alter or thes amend this act.

NORS

School district established.

Boundaries.

.

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CHAPTER CXXXIII.
An Act to create an Independent School Dis. La bone

trict for the town of Pruntytown, in the county
of Taylor.

Passed February 28, 1872.
Be it enacted by the Legislature of West Virginia :

1. The town of Pruntytown, the school district, and parts of school district, contained within the following boundaries, that is to say, to wit: Beginning at the most southernly part of the farm of George Yeates, and running thence in an easterly direction so as to include the Neal farm of Abraham Smith, thence a north-east course so as to include the old Warder farm, owned by H. Evans; thence so as to include the farm of David Elliott, to David Woodyard's land on the north-western turnpike road near William Porter's dwelling house, thence with the lines of said Woodyard so as to include his lands, to the point where said Woodyard's lands join A. Smith's Wiser man farm, thence with the lines of said Smith’s farm, and including the same to the lands owned by John Sinclair's heirs, thence with the lines of said Sinclair heirs' lands, and including the same, and the lands of Henson Mason, George Bailey and Elijah Newton's lands, to the most western point of said Newton's land, thence to the southwest corner of John C. Riste's lot on the North-West Virginia turnpike road, thence to and including the lands of C. E. Reynolds, thence to and including the lands of A. Smith to Abraham Mason's land, and thence including

said Mason's land to the beginning, shall constitute one Board of ed"ea school district, and the board of education shall consist of

three commissioners, who shall be elected by the resident

tion; how elected.

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