If at said election a majority of the votes cast should be in favor of making this act the law of said county, the said county court, or other tribunal in lieu thereof, shall at its next meeting after said election, by resolu tion, declare this act to be in full force and effect in said county as the law of said county, as heretofore provided for Brooke and Hancock counties.

(House Bill No. 136.)

CHAPTER 137.

AN ACT to repeal chapter eighty-three of the Acts of one thousand eight hundred and eighty-three, making provision for free schools for the town of New Haven, in Mason county.

[Passed February 16, 1901. In effect 90 days from passage. Approved February 19, 1901.]

Be it enacted by the Legislature of West Virginia:

independent

of New

1. The act passed February the twenty-third, one Act creating thousand eight hundred and eighty-three, entitled, school district "An Act to create an Independent School District out Haves, reof Sub-District Number Two in Graham District, pealed. Mason county, to be known as The Independent School District of New Haven," is hereby repealed.

board to

2. The property, real and personal, vested at the Property time this act takes effect in the board of education of held, in what the independent school district of New Haven, shall vest. by this act vest in the board of education for the school district of Graham in Mason county: provided, proviso as that this act shall not be construed as impairing any indebtedness. obligation heretofore created or existing of any indebtedness of the said board of education of the independent school district of New Haven.

to existing

(Senate Bill No. 174.)

CHAPTER 138.

AN ACT to authorize the Board of Education of Greenbrier District, of Summers County, to fund at a lower rate of interest one hundred and twenty one hundred-dollar bonds.

[Passed February 20, 1901.

In effect from passage. ary 23, 1901 ]

Approved Febru

Board of education of Greenbrier district authorized to

issue bonds, amount; de

Be it enacted by the Legislature of West Virginia:

1. The board of education of Greenbrier district, in Summers county, is hereby authorized, at any time within one year from the passage of this act, to issue not exceeding twelve thousand dollars of coupon nomination; bonds of the said district, of said county, in such form as may be provided for by the board of educa tion thereof, and of the denomination of one hundred dollars, bearing four per centum interest, payable annually; the principal of which bonds shall not be demandable for fifteen years from date of issue.

rate of inter

est and when

payable.

-principal, when demandable.

May be paid at any time, when.

Sale of such bonds.

Same subject.

Payment of interest.

Notice of pay

ment of bonds.

2. The said bonds, or any portion thereof, may be paid at any time after this proviso shall be expressed on the face of the bond.

3. The board of education of Greenbrier district, of Summers county, shall sell and dispose of the bonds issued under this act, at not less than their par value, or so much of them as is necessary to pay off the bonded indebtedness unpaid of the said Greenbrier district, of the said county.

4. The board of education of Greenbrier district, of said county, shall dispose of the bonds hereby authorized in conformity with any plan adopted by them for selling such bonds to the best advantage and for the most money.

5. The board of education of Greenbrier district, of Summers county, shall provide for the payment of interest on the bonds hereby authorized.

6. The bonds to be paid shall be designated by their numbers, and public notice of the time of pay

ment shall be given for three weeks by advertisement in one or more newspapers in said county.

taxation.

7. The bonds authorized under this act shall be Exempt from exempt from taxation for county, district and municipal corporations, as a part of the contract with the purchasers thereof.

bond debt.

8. Nothing in this act shall authorize any increase No increase of in the bonded debt of said district, nor shall the bonds issued under this act, or the proceeds thereof, be issued or applied for any other purpose than the -for what payment and redemption of the outstanding bonds of bonds to be said Greenbrier district of Summers county.

purpose

applied.

(Senate Substitute for House Bill No. 22.)

CHAPTER 139.

AN ACT enlarging the powers of the Board of Education of the School District of Wheeling.

Passed January 29, 1901. In effect from passage.

ary 2, 1901.]

Approved Febru

Be it enacted by the Legislature of West Virginia:

1. That sections nine, ten, twelve, sixteen, twenty- Acts one, twenty-two, twenty-three, and twenty-nine of amended. chapter eleven, of the acts of one thousand eight hundred and seventy-two, entitled "An Act Relating to the School District of Wheeling," as amended and reenacted by chapter one hundred and fifteen of the acts of one thousand eight hundred and seventy-five, and by chapter sixteen of the acts of one thousand eight hundred and eighty-two, be amended and re-enacted so as to read as follows:

cation of the

of

a body cor

corporate

9. The board of education of the district of Wheel- Board of eduing shall be a body corporate in the law, and as such school district may purchase, hold, sell or convey real or personal feeling property for the purposes of education within the dis- porate. its trict; may establish, maintain, support and increase powers. a public library and branches thereof for the use and benefit of the residents of said district and such other persons as the board may, by rule, prescribe; may re

Annual enumeration; when and what to show.

-where recorded.

-duty of clerk.

-census of district.

Annual estimate; what the

ceive any gift, grant, donation or devise; may become party to suits and contracts, and do other corporate acts. They shall, also, have the management of, and be vested with the title to all real and personal property, except such public library property, for the use of the public schools within the district, and shall manage and dispose of the same as in their opinion will best subserve the interests of the schools. They shall also have the management of, and be vested with the title to all real and personal property they may, in any manner, acquire for the uses and purposes of such library and branches thereof.

10. Annually, not later than the first day of April, the board of education shall cause to be taken an enumeration of all the youth between the ages of six and twenty-one years, resident in each election district of the district, distinguishing between males and females, white and colored; and the result thereof, verified by the oath or affidavit of the persons employed to take the same, to the effect that the enumeration is correct, and that they have used all the means in their power to have it so, shall be recorded in the office of the clerk of the board, and the clerk shall thereupon, not later than the first day of May, communicate the result of the enumeration to the district superintendent and the state superintendent of free schools. The persons employed to take said enumeration may be required at the same time to take the census of the district.

12. It shall be the duty of the board of education, annually, in the month of July, to determine, as nearly as practicable, the amount of money necessary, in and what to addition to all other available funds, for the support,

board to

determine,

levy.

maintenance and increase of such public library and branches, including the payment of the interest on any bonds which may be issued therefor, and of any such bonds that may become payable within the next year; also for continuing the schools of the district for a period of not less than nine months; and for all other purposes relating to the schools of the district, such as the repairing and improvement of school premises, the purchase of sites and the building of school houses, and for the payment of debts previously contracted, which may fall due within the year; and

levy.

-name of

said board shall cause the amount to be levied on all
the taxable property of the district, as assessed and
returned for city taxation: provided, that not more limit
than four mills on the dollar valuation of said tax-
able property shall be levied in any one year for the
purpose of continuing the schools for said period of
not less than nine months, and for the ordinary re-
pairs and incidental expenses; not more than three
mills on the dollar valuation for the purchase of sites,
the building of houses and permanent improvements;
and not more than three-fifths of a mill on the dollar
valuation for the establishment, support, maintenance
and increase of such public library and branches, and
for the payment of such bonds, and of the interest
thereon. The amount collected under the levy first
named shall be known as the "School Fund," that un- different
der the levy second named shall be known as the
"Building Fund," and that collected under the levy
last named shall be known as the "Library Fund."
The amount so levied under the provisions of this sec-
tion shall be collected and disbursed by the same of burse.
ficer by whom the city levies are collected. The
amounts thus collected shall severally be certified to
by the collecting officer to the clerk of the board of ed-
ucation and shall be paid out only upon the drafts,
signed by the clerk and issued by order of the board,
specifying upon their face the particular account to
which the same is chargeable; nor shall any credit be credit
allowed to the collector in his annual settlement upon lector.
any other voucher than such drafts.

funds.

-who to levy and dis

by and to

whom certi

fied, and how

paid out.

allowed col

commission.

16. The collector for collecting and disbursing the Collector; his taxes levied by the board of education shall be entitled to receive such commission as the board may allow, not exceeding two and one-half per centum of the amount collected; and for all other school moneys received by him he shall be allowed a commission not exceeding one per centum on the amount received and disbursed: provided, that no com- but no commission shall be allowed the collector for receiving or what. disbursing money derived from sale of bonds for the purchase of a site for such library.

mission, for

Condemna

for school

21. When ground shall have been designated by tion of land the board of education as a suitable site for a school buildings, house and the necessary buildings, or for a public

etc.; proceedings,