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Board incorporated.

Further powers of board.

Election of commissioners.

school district, whenever necessary to give effect to this

act.

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.

4. The qualified voters of the school district of Harrisville, on the first Tuesday of April next, shall elect three Term of office. 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.

Commissioners of elections.

How election conducted.

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.

commissioners.

Code not to apply to first election.

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 How entitled to said board, but shall be entitled to vote as commissioner. They shall also appoint a treasurer, and require from him

vote.

bond.

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.

paid out.

and high school.

Non-resident

7. The board of education of said school district of Primary schools Harrisville shall have power to establish an adequate number 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 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 ationa 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 Acquisition of school houses or college sites, and do any other act for the good government of said school.

Rules and regu

real estate.

District levy.

8. It shall be the duty of the said board of education of the school district aforesaid, to determine, at their first 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 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,

Schools to be

months.

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.

tion.

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 applied. purposes, or partly for either, as the board of education

Treasurer's commission.

Property to vest in board.

may from time to time determine, but shall not be used for mos 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.

Commissioners

to sub

CHAPTER CXXXII.

An Act to incorporate the New River Naviga tion Company.

Passed February 28, 1872.

Be it enacted by the Legislature of West Virginia:

1. That it shall be lawful to open books at Summers scription books. Court House, in the county of Summers, under the direc tion of James M. Byrnside, Charles Clark, Lewis F. Clark, Henry C. Byrnside, Henry S. Shanklin, Frank Hereford, Wm. B. Crump, Gordon L. Jordan, Wm. Hughes, Wm. Houchins, Wm. H. 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 dollars in shares of ten dollars each, 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.

Manner of opening books and

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

scriptions.

Incorporation.

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

Rights and re

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, company. rules and regulations, not inconsistent with the constitution and laws of this state, and of the United States, as they may deem necessary and proper.

By-laws.

proved by board

Limit to rate of

4. That the company may demand and receive, at such Tolls to be appoints 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 be demanded until, and before the river shall be improved be charged. to and through the Bull falls.

When toll may

ure to pay or

tolls.

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 ast aforesaid, shall be liable to the penalties prescribed in such cases by the general law concerning a turnpike company..

mencement and

work.

6. If the president and directors of said company shall Time for comnot 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.

interest and tolls.

For what pur

pose.

7. That the capital stock of the company may, at any Increase of time hereafter, by vote of the stockholders, be increased stock. 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- Rights 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

by the legisla

Act amendable.

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

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

School district established.

Boundaries.

CHAPTER CXXXIII.

An Act to create an Independent School Dis 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 Wiserman 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 Vir ginia 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 earea 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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