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Independent school district

act to create;

held.

to include.

-boundary.

(Senate Bill No. 165.)

CHAPTER 134.

AN ACT to establish the Independent School District of Flatwoods, in the county of Braxton, in the State of West Virginia.

[Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

1. That in the event of a majority of the votes of Flatwoods, cast at an election to be held on the fourth Tuesday election, when in May, one thousand nine hundred and one, be in favor thereof, the following described territory, in the county of Braxton, including the town of Shaversville and Flatwoods, and such other territory as is included in this section, shall, after the result of such election is ascertained and declared, be the in--what lands dependent school district of Flatwoods, to-wit: All of the town of Shaversville and Flatwoods, and the territory thereto adjacent, bounded and described as follows: Beginning at a corner of lands owned by B. F. Fisher and F. H. Stout and running with the northwestern line of said Stout (including therein the lands of the said Stout) to the lands of W. H. Berry, and with said Berry's line so as to include the said Berry, thence by direct course to the corner of lands of J. F. Beamer, and P. L. Curry, thence with a line including said Curry's land and lots to the convenient corner of lands known as the N. M. Hyer land, thence with a line of lands owned by J. A. Ross, Mary B. Dyer, N. W. Singer, and the several parcels of an entire tract of land known as the A. C. Dyer farm at Gauley Junction, so as to include the whole of the said several tracts herein, thence by a straight line to the beginning, shall constitute one school district to be called the "Independent School District of Flatwoods."

-name of.

Board of education; how composed and elected.

-their rights and duties.

2. The board of education for said district shall consist of three members, who shall be elected by the qualified voters resident therein, and shall be invested with the same rights and exercise the same powers, perform the same duties, and be governed by the same

laws, that boards of education elsewhere in the county are or may hereafter be governed, except in so far as changed by the provisions of this act; and in the event of the establishment of the school district a board of education shall be elected on the sec--time of election; term. ond Tuesday of July, one thousand nine hundred and one, who shall serve as such board until their successors are elected and qualified, and thereafter such board of education shall be elected as provided by law for magisterial districts; and the members of such board shall be elected for such terms as will conform to the interests and meaning of the foregoing.

name of.

powers.

3. The board of education herein provided for Board a corshall be a corporation by the name of the "Board of poration; Education of Flatwoods District" and by that name may sue and be sued, plead and be impleaded, con- corporate tract, purchase, hold and grant estate, real and personal, 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 execution of its affairs.

4. The board of education shall, at a convenient Polling point, establish in said district a polling place or of board. places; duty places, which shall be taken, held and used as a polling place or places for voters of said district in all elections, until such polling place or places are changed by law.

of.

5. At the first meeting of the board in July of each President and year, the board shall organize by electing a president, clerk; election who shall be one of their number; and shall also elect a clerk, who may or may not be a member of the board, who shall be allowed the same compensation to which other clerks of boards of education in this State are entitled.

-pay of
clerk.

study.

6. The said board of education shall have author- Text books ity to prescribe the school books to be used, and the and course of courses of study to be pursued in the schools of said district. They also, out of the building fund of said district, may provide free text-books for indigent pu- books, for pils or for all pupils of said district.

-may provide free

whom.

Number of school months.

Election,

mode of vot

how worded.

7. The said board of education shall have power to determine the number of months the school shall be kept in operation.

8. The election provided for, in section one of this ing; ballots, act, shall be by ballot, and those voting in favor of the establishment of said independent district shall have written or printed on their tickets, the words, "For Independent District," and those voting against the establishment thereof shall have written or printed on their tickets the words, "Against Independent District." The election shall be superintended, and the result thereof ascertained and declared by election officers to be appointed by the county commissioners of Braxton county; and all the provisions of the election laws in this State, so far as applicable, shall be enforced and govern such election, unless otherwise provided.

-ascertaining result.

-state election law to govern.

Acts amended.

Board of edu

scribe textbooks used and branches taught.

(Senate Bill No. 166.)

CHAPTER 135.

AN ACT to amend and re-enact section three of chapter twenty of the Acts of one thousand eight hundred and eighty-three, entitled "An Act to estab lish the Independent School District of New Cumberland, in Hancock County."

[Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.]

Be it enacted by the Legislature of West Virginia:

That section three of chapter twenty of the acts of one thousand eight hundred and eighty three, entitled "An Act to establish the independent school district of New Cumberland, in Hancock county," be amended and re-enacted so as to read as follows:

3. The branches to be taught and the text-books cation to pre- to be used in the schools of the independent school district of New Cumberland, Hancock county, shall be prescribed by the board of education. The independent school district of New Cumberland, herein authorized to be established, shall conform to and be governed by the general school law in this State, except where it is otherwise provided by this act.

-what law governs, except, etc.

!

(Senate Bill No. 171.)

CHAPTER 136.

AN ACT relating to education in the counties of
Brooke and Hancock.

[Passed February 22, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

education; between what

must begin;

continue.

1. That every person having under his control a compulsory child or children, between the ages of eight and fourteen years, shall cause such child or children to attend ages. some public or private school in the city, independent district or district, in which he resides, and such at--when child tendance shall begin with the opening of the school how long term, and shall continue for at least sixteen weeks of the school: provided, that the school be in session for as many as sixteen weeks; and for every neglect of penalty. such duty, the person so offending shall be guilty of a misdemeanor and shall upon conviction thereof, before any justice, be fined two dollars for the first offence, and two dollars for each subsequent offence; -imprisonand any person who does not pay immediately the fine so imposed against him, shall be committed to jail for not less than five, and not more than twenty days.

ment, when.

constitutes

2. An offence, as understood in this act, shall con- what failure sist in failure for one day in any week to send to school an offence, any child, except it be shown to the satisfaction of the except, etc. teacher that the bodily or mental condition of the child does not permit of its attendance; or that such child has attended for a like period of time a private school or has been otherwise instructed for a like period of time, in the branches of learning required by law to be taught in the public schools; or has already satisfactorily completed such branches. The text books board of education, on the order of the teacher, may at their discretion purchase out of the building fund of the district the necessary text books for pupils whose parents are not financially able to provide them; but such purchase shall not exceed one dollar limit of purin amount per year, for each child so supplied with chase, per books; but if there be no public school in session when perwithin two miles by the nearest traveled road of any to penalty.

for indigent pupils.

child.

son not liable

Duty of trustee and teacher; fine for failure.

person, in the school district, he shall not be liable to the provisions of this act.

3. And it shall be the duty of every trustee and every teacher to inform against any one so offending, and upon a failure so to do they shall be guilty of a misdemeanor and fined not exceeding five dollars. Any where placed. fine so collected shall be placed to the credit of the building fund of the district.

-such fine,

Truant

to be.

-when and what to investigate,

and what to report.

-duty of justice.

4. For the better enforcement of this act, all marofficers; who shals and town sergeants in incorporated towns, and all constables in every district, shall be and are hereby designated truant officers; whose duty it shall be upon notification from the teacher of the absence of any child, or children, to investigate the causes of such absence and if it seems probable that such absence on account of such bodily or mental condition is unavoidable, the said truant officer shall report the facts to the teacher; but if he do not find such causes for absence he shall report to a justice of the peace, who shall thereupon enforce the provisions of this act. Moreover, if the teacher finds that the cause of absence, in any case reported to him by the truant officer, is not due to some bodily or mental defect, he shall notify the truant officer, who shall as in all other -board may cases report to the justice of the peace; but if for any truant officer, reason, whatsoever, there is no constable or special police in the district the duties of truant officer shall devolve upon some one designated by the board of education, whose salary shall not be more than two dollars per day for time actually engaged in his duties as truant officer.

-teacher, of

what to notify officer.

appoint

when; his pay.

Provision as

pupils.

5. Boards of education may set apart school rooms to disorderly in public school buildings for children who are insubordinate or disorderly during their attendance upon instruction in the public schools.

Provisions o

Brooke and

Hancock

counties.

6. This act shall take effect and be in force only act limited to in the counties of Brooke and Hancock, unless upon the petition of one hundred voters of any county, the county court of said county shall submit the question of making this act a law of said county to the voters of said county at an election to be held at a time and with such notice as may be specified by said court.

-may be extended to other counties, how.

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