the order of the state board of control. And said treasurer shall include in his biennial report to the governor a statement of his receipts and disbursements under the provisions of this act.

The rules and regulations made by the president and faculty of said institute for its general government and for the admission of students thereto, the standards of scholarship to be maintained therein, and the graduation of students therefrom, shall be submitted to the state board of education for its approval.

The Legislature of the State of West Virginia hereby accepts for said State the terms and provisions of the act of congress of the United States approved August thirteith, one thousand eight hundred and ninety, for the objects and purposes mentioned and declared therein, and designates "The West Virginia University," established in pursuance of the act of congress of the United States passed July two, one thousand eight hundred and sixty-two, and a subsequent act passed by said congress on April nineteen, one thousand eight hundred and sixty-four, at Morgantown, in the county of Monongalia, in this State, as a beneficiary of said appropriation for the instruction of white students, and "The West Virginia Collegiate Institute," for the beneficiary of said appropriation for the instruction of colored students, to be paid to each in the proportion mentioned in chapter sixty-five of the acts of the Legislature of one thousand eight hundred and ninety-one and chapter twenty-seven of the acts of the Legislature of one thousand nine hundred and eight. And the said institution by the name of "The West Virginia Collegiate Institute," shall have and hold all the property, funds, rights, powers and privileges herein mentioned.

The Legislature shall supplement the funds received from the federal government as aforesaid, by making such appropriations from time to time as may be necessary for the further support of the West Virginia Collegiate Institute.

Sec. 151. The Bluefield Colored Institute. The Bluefield Colored Institute shall remain where now located, and shall be known as the "Bluefield Colored Institute." Said institute shall be under the control and management of the state board of education as provided by section seven of this act, and of the state board of control as provided by law for other state educational institutions. The rules and regulations made by the principal and faculty of said institute for its general government and for the admission of students thereto, the standards of scholarship to be maintained therein, and the graduation of students therefrom, shall be submitted to the state board of education for its approval. The Legislature shall make from time to time such appropriations as may be necessary for the financial support of said institute.

Sec. 152. The West Virginia Schools for the Deaf and the Blind-Name -Location-Management-Purpose. The West Virginia schools for the deaf and the blind heretofore established shall remain at Romney and be known as "The West Virginia Schools for the Deaf and the Blind," and shall be maintained for the care and training of the deaf and the blind of the State as provided by law. The schools shall be under the control and management of the state board of education and the state board of control as provided in this chapter for other state educational institutions.

Sec. 153. Admission. All such deaf and blind youth resident in the State, between the ages of eight and twenty-five years, shall be admitted to the institution on application to the principal. It shall be the duty of the principal to keep a careful record of the names of all applicants, with the dates of their admis

sion and discharge, their age, post office address, the name of their parents or guardians, and the degree, cause and circumstances of their deafness or blindness.

Sec. 154. Clothing. All such deaf and blind pupils shall be admitted as above directed without charge for board and tuition; and when not otherwise provided with clothing they shall be furnished therewith by the institution while they are pupils therein, and the principal shall make out an account therefor in each case against the respective counties from which said pupils come, in an amount not exceeding forty dollars per annum for every such pupil, which account shall be sworn to by the principal and countersigned by the secretary, and which shall be transmitted by the principal to the auditor of the state, whose duty it shall be to transmit a copy of the same to the clerk of the county courts of the respective counties in which such pupils live, and the county courts of such counties shall thereupon, at their next session thereafter held for the purpose of making a county levy, include in such levy the amount of said account against their counties, and cause an order to be issued on the sheriff of the county in favor of the auditor of the state, and cause the same to be transmitted by the clerk of said court to the auditor whose duty it shall be to collect the same and place it to the credit of the institution, to be drawn out upon a requisition as a part payment of the current expenses of said school. If the same is not paid to the auditor by the respective counties from which they are due in a reasonable time, it shall be the duty of the auditor to collect the same by law.

Sec. 155. Period of Attendance Special Admissions. The pupils of said school may continue therein five years, and for as much longer as in the discretion of the board and principal their condition and progress would seem to justify. After all the applicants between the prescribed ages of eight and twenty-five years have been admitted, if there are accommodations, the principal may admit other deaf and blind persons who may be of suitable age to receive any advantage from the institution, and upon such terms as the board may prescribe; but it shall be distinctly understood that such persons shall withdraw from the institution in the order of their admission to make room for new applicants between the ages prescribed.

Sec. 156. Course of Instruction. The course of instruction in the institution shall be prescribed by the state board of education with the advice of the principal, and shall be as extensive both in the intellectual, musical and mechanical departments as the capacities and interests of the pupils may require.

Sec. 157. Registration. In addition to their other duties the assessors of the State are hereby required to register in a book to be furnished them by the auditor for the purpose, the names of all the deaf and the blind persons in their respective districts, with the degree and cause of deafness and blindness in each case as far as can be ascertained, from the heads of the families, or from other persons whom the assessors may conveniently consult, their ages, the names of their parents or guardians, their post office addresses and such other facts as may be useful in making the said institution efficient in ameliorating the conditions of the deaf and the blind. They shall complete the registration as early as possible and forward their report to the auditor who shall, if practicable, before the first day of July or as soon thereafter as possible, make an alphabetical abstract of all the facts furnished him by the assessors' reports and shall send the same by mail to the principal of the West Virginia schools for the deaf and the blind, and said principal is hereby further required to put himself into immediate

correspondence with all the deaf and dumb persons of suitable age and condition mentioned in the auditor's abstract, with a view to their admission as pupils into said school.

Sec. 158. Compensation for Registration. The assessors shall receive for the extra duties hereby imposed the same compensation as now allowed them for the registration of births and deaths, and shall be liable to the same penalties for failure to discharge their duties.

Sec. 159. West Virginia Industrial School for Boys-Name Location— Purpose-Management. The West Virginia reform school, established by chapter three of the acts of one thousand eight hundred and eighty-nine shall hereafter be known and designated as the "West Virginia industrial school for boys" and shall be conducted in the buildings heretofore and hereafter erected for that purpose at Pruntytown in Taylor county. This school shall be exclusively charged with the care and training of male youth of the State, but white and colored shall be kept separate. It shall be managed, controlled and governed by the state board of control, as provided in chapter fifty-eight of the acts of one thousand nine hundred and nine and all subsequent acts relating thereto.

Sec. 160. Commitments. Any male youth under the age of eighteen, and not under the age of ten years, may be committed to and received into the West Virginia industrial school for boys for the reasons and in the manner following:

1. By a justice of the peace of the county in which he resides on complaint under oath and due proof made to him, by the parent, guardian or other person having the custody and control of such youth, that by reason of incorrigible or vicious conduct such youth has rendered his control beyond the power of the parent, or guardian or such other person, and made it manifestly requisite that, from regard for the morals and future welfare of such youth and the peace and order of society, he shall be placed in said school.

2. By the same authority, upon complaint under oath and due proof before the justice that such youth is vagrant, incorrigible or vicious in disposition and conduct, and that his parents, guardian, or other person having custody of or authority to control him, are depraved or otherwise unfit, unwilling or unable to exercise care or discipline over such youth.

3. By the several courts of this State, as provided in the next section.

Sec. 161. Convicts. Whenever any male youth under the age of eighteen years, shall be convicted in any of the courts of this State of felony or a misdemeanor, punishable by imprisonment, the judge of said court in his discretion, and with reference to the character of the industrial school as a place of correction and not of punishment, instead of sentencing said youth to be confined in the penitentiary or county jail, may order him to be removed to and confined in the said industrial school, to remain until he shall have arrived at the age of twenty-one years, unless sooner discharged by the state board of control. Male youth under eighteen years of age, convicted in any of the courts of the United States for the districts of West Virginia, of any offense punishable by imprisonment, may also be received into said industrial school upon such regulations and such terms for their maintenance and support as may be prescribed by the state board of control, and assented to by the proper authorities of the United States. Sec. 162. Data Accompanying Commitment. It shall be the duty of a justice of the peace when committing a youth to the industrial school under the

first and second clauses of section one hundred sixty-three* of this act, in addition to the commitment, to annex to said commitment the names and residences of the different witnesses examined before him, and the substance of the testimony given by them respectively, on which the adjudication was found, together with full answers to such interrogatories respecting the history of the case and the mental and physical health of the youth, as shall be prescribed by the board of control, and furnished in printed form, on application, by the superintendent of the industrial school.

Sec. 163. Proceedings for Commitment. In all proceedings before justices of the peace for commitment of youth to the industrial school under the first and second clauses of section one hundred sixty-three* of this act, the justice shall appoint some discreet and disinterested person guadrian ad litem of such youth, whose duty it shall be to represent the interests of the youth and to see that no injustice is done him; and the guardian ad litem or the youth shall have the right to demand a jury of twelve men to try the truth of the charges made against the youth, and the jury shall be selected, and the trial shall be conducted in the same manner as is provided by law for the trial of criminal cases before justices by juries. And the guardian ad litem or the youth shall have the same right of appeal from any final decision rendered against the youth in any such proceedings, whether upon a trial by jury or otherwise, as is allowed by law in other criminal cases tried before justices.

Sec. 164. Commitment Fees. Justices, constables and jurors shall receive the same fees in a proceeding for committing a youth to the industrial school as are allowed by law for similar services in misdemeanor cases, and such fees shall be paid in like manner as fees of such officers and persons are paid in misdemeanor

cases.

Sec. 165. Conveyances of Youth to School-Expense. As soon 'as is practicable after a youth, on any account, is committed to the industrial school the papers in the case shall be mailed to the superintendent, and such youth shall remain in the custody of the court pronouncing such commitment, until he be delivered to an officer of the industrial school, who shall be sent without delay, and duly authorized by the superintendent to conduct such youth by the most direct and convenient route to the said school; but no youth committed to the industrial school shall be lodged in any jail or lockup, if he be under the age of twelve years. The superintendent shall, in so far as is consistent with the safe conveyance of youth to the school, cause as many youths as may be committed from the same or several counties to be conducted to the school at the same time. The expense incurred in conducting a youth to the industrial school, including transportation and other necessary traveling expenses of the youth and of his conductor, shall be paid by the county court out of the treasury of the county from which the youth was committed to the school, and a written statement of such necessary expenditures, fully itemized and sworn to by the officer making such expenditures, and attested by the superintendent of the school, when presented to any county court, shall be a bill against such court, to be paid to the industrial school, and credited to that fund of the school from which the original expenditure was made; but when two or more youths shall be so conducted from more than one county, the necessary expenditure on the personal account of the conductor shall be apportioned among the counties concerned in *Refers to section one hundred sixty.

due proportion to the mileage traveled by the youth from the respective counties. Sec. 166. Offenses. . If any person shall entice or attempt to entice away from the industrial school any youth legally committed to the same, or shall aid or abet any youth to escape from the industrial school, or shall harbor, conceal or aid or abet in harboring or concealing, any youth who shall have escaped therefrom or shall, without the permission of the superintendent, give or sell, or aid or abet any other person to give or sell, to any youth in the industrial school, whether on the premises of such institution or otherwise, any money, firearms, intoxicating drinks, tobacco, cigarettes, or other articles whatsoever, or shall in any way cause or influence, or attempt to cause or influence or aid or abet therein, any youth in the industrial school to violate any rule of the institution or to rebel against the government of said school in any particular, or shall receive by the hands of any such youth anything of value, whether belonging to the State or otherwise, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten, nor more than one hundred dollars, or be confined not more than twelve months in the county jail, or both fined and imprisoned as aforesaid, as the court may deem proper. And the superintendent, or any of his assistants or any one authorized in writing by him, or any sheriff, constable, policeman or other peace officer, shall have power, and it is hereby made his duty to arrest any youth when in his power to do so who shall have escaped from said school, and return him thereto.

Sec. 167. Transfers Between School and Penitentiary. In any case where a youth is committed to the industrial school for an offense punishable by confinement in the penitentiary and it is found by the state board of control that the industrial school is unable to benefit such youth, and that his presence is a detriment or meance to other youth in the institution, or to the general good of the school, he may be securely returned to the court which sent him, and said court shall thereupon pass such sentence upon him as to confinement in the penitentiary as may be proper in the premises, or as it should have done had it not sentenced him to the industrial school. And the governor shall have power, when in the judgment of the warden of the penitentiary and of the superintendent of the industrial school, it is advisable, to remit the penalty of any offender under the age of eighteen years confined in the penitentiary, to a commitment to the industrial school.

Sec. 168. Payments by Counties of Cost of Detention-Reimbursement. The county court of every county shall pay into the state treasury the sum of fifty dollars a year on account of each youth from the county who shall be received in said school of the first, second or third classes mentioned in section one hundred sixty-three*. But in all cases of youth received in said school of the first class mentioned in section one hundred sixty-three*, the parent, if of sufficient means, and the guardian where the youth has sufficient estate, shall annually reimburse the county the amount paid into the state treasury, by virtue of this section, on account of such youth mentioned in the first class of section one hundred sixty-three* and the county court of such county shall have a right to recover the same of such parent or guardian in any court of competent jurisdiction.

Sec. 169. Lists of Inmates for Auditor-Application of County Funds. The superintendent of said school shall before the tenth day of January in each *Refers to section one hundred sixty.