Lapas attēli
PDF
ePub

year, make out and certify to the auditor and the state board of control each a list by counties of all such youth as are mentioned in the preceding section, who are kept in the school during the preceding year or any part of it, showing as to each youth what part of the year he was so kept in the school, and to which class he belonged. On receiving such list the auditor shall charge to each county fifty dollars on account of each youth who was kept in such school during the preceding year, and a proportionate amount on account of each youth kept in school for any part of such year less than the whole. Any money in the treasury of the state to the credit of any such county from whatever source arising, and not appropriated to pay any other debt of the county to the State, shall be applied, so far as necessary to the payment of the sums so charged; if any sum in the treasury due the county shall not be sufficient to pay the whole amount so charged against it, such sum shall be applied as a credit on the amount charged, and the balance shall remain a charge against the county.

Sec. 170. Certification of List and Credits to County Court-LevyCompelling Payment. Within ten days after receiving such list the auditor shall certify to the county court of such county a list of the youth from the county in such school, stating the class to which each belongs, the length of the term during the year he was in such school, as shown by the list certified by the superintendent and the amount due from the county on his account and the total amount due on account of all. He shall credit on such statement whatever amount has been applied as a payment thereon from any funds of the county in the treasury. Such statement shall be a receipt to the county for any amount so credited, and shall be a bill for any amount still appearing to be due from the county. Unless the bill shall have been paid by the application of funds of the county in the state treasury, the county court shall at its next levy term provide for the payment of the same, or such part as may not have been paid, and cause the amount to be paid into the state treasury. If the amount so due from any county be not paid in a reasonable time after such levy term, the auditor may, in the name of the State, apply to the circuit court of the county for a mandamus to require the county court to provide for and to pay the same, or he may proceed in the name of the State by any other appropriate remedy to recover the same.

Sec. 171. Parole. The state board of control shall have authority, under such rules and regulations as they may prescribe, to grant, on recommendation of the superintendent, a parole to any inmate of the industrial school; but while said inmate is on such parole, and until he is discharged according to law, he shall remain in legal custody of the board of control and subject at any time to be returned to the industrial school, if in the judgment of the board the interests of such paroled inmate will best be served thereby. The written order of said board, certified by the superintendent shall be sufficient warrant for any officer named therein to arrest and return to the school said paroled inmate, and it is hereby made the duty of any peace officer, or other person, so named, to make such arrest and return such youth to the industrial school. All actual expenses incurred in returning to the school paroled inmates shall be paid out of funds appropriated for the maintenance of the industrial school.

Sec. 172. Industrial Home for Girls-Name-Location. "The West Virginia Industrial Home” shall remain where now located.

Sec. 173. Admission. Girls eligible to be received into said home are those who are from seven to eighteen years of age, and who may be committed by any

justice of the peace of this State, on complaint and due proof made to him by the parent, guardian, or next friend of such girl, that by reason of incorrigible or vicious conduct, such girl has rendered her control beyond the power of such parent, guardian or next friend, and made it manifestly best that such girl should be placed in said home, or by any criminal, circuit or intermediate court of this State. Girls may be committed for vagrancy up to eighteen years of age, or where parents, guardians, or next friends agree and contract with the state board of control for their support and maintenance, or girls up to fifteen years of age, who may be found in houses of ill fame or assignation houses, upon conviction thereof before any justice of the peace, mayor of a town or city; or girls convicted by any of the courts of this State of felony or misdemeanor, punishable by imprisonment, the judge in his discretion, instead of confining such girl in the county jail or sending her to the penitentiary, may transfer such girl so convicted to said home, from any county of this State; provided, there is room for such girl. Every girl committed to said home shall remain there until she is twentyone years of age, unless sooner discharged by the state board of control.

Sec. 174. Data Accompanying Commitment-Return and Sentence. It shall be the duty of the justice of the peace, mayor or other authority, when committing any girl to said home, in addition to the commitment, to annex the name and residence of the witness examined, and the substance of the testimony given on which the adjudication was founded, as well as the name and residence of the girl, the name of her parents, and their residence, if known. Any girl who may be found incorrigible, or pregnant, or otherwise an improper subject for admission to said institution, may be returned by the board of education to the court, justice or other authority by whom she was committed, and thereupon such court, justice or other authority, shall have power to pass sentence as would have been legal in the first instance, as if such girl had not been sent to said home.

Sec. 175. Trial on Complaint. In all cases coming before a justice, mayor or other authority, they shall appoint a guardian ad litem for such girl, who shall be some disinterested person, discreet and careful, and who shall see that no injustice is done the girl; and he shall have the right to demand a trial for his ward by a jury of twelve men to ascertain the truth of the charges against the girl, and said jury shall be selected and trial conducted, as other trials are conducted by justices in criminal cases before them. Or, said justice or court may, without a jury, try such girl, if no jury is demanded by her guardian or next friend.

Sec. 176. Separation of Races. The said industrial home shall be exclusively charged with the reformation and care of girls, but white and colored shall be held separate as far as practicable.

Sec. 177. Binding Out Inmates as Apprentices. The board of control shall have power to bind out such girls as committed to their care as apprentices to the time said girls shall arrive at twenty-one years of age, to learn some proper trade, business or calling, on such terms as shall be advantageous to such girls; but such girls so bound out, are to be bound only to those whose characters are above reproach, and within the State.

The indentures by which any girl may be so bound shall state for what period she is bound, her age, what trade, art or business she is to follow, and that the master shall see that for at least five months in each year said apprentice shall be sent to the free schools of the state, and shall be bound to furnish school

books requisite to learn the usual branches taught; the amount to be paid said child for each year, if anything above the maintenance of said child, and for what year or years, and the master shall bind himself with good security to pay the amount agreed upon, which sum of money, if any, contracted to be paid, shall be reserved, to be paid said girl or girls so bound, when their apprenticeship shall cease with interest, and said board shall not bind out any girl under the provisions of this act unless the master bind himself to comply with the conditions thereof, and whatever salary said master shall give, shall be paid to the state board of control; and it shall be the duty of said board to collect the same according to the tenor or effect of such contract, and turn the same over to the girl when she arrives at twenty-one years of age, or sooner if she marries, when the same shall be turned over to her.

Sec. 178. Cruelty to Apprentices. For cruelty or inhuman treatment by such master of such apprentice, the circuit court of the county in which such master or apprentice may reside, or any justice of the peace of any such county shall have jurisdiction to try same, and upon conviction of such master for cruel or inhuman treatment of such child, such master shall be fined not less than ten nor more than one hundred dollars, and may in addition thereto be confined in jail not to exceed ninety days.

Sec. 179. Removal of Apprentices-Escapes. No master can remove such child out of the county where she has been bound by such board, except on the written permit of such board; and any person who shall aid or assist any girl who has been committed to said institution, or who is subject thereto, to escape from any other home or other place where she has been placed by the officers of the said institution, or who shall aid or assist any such girl to leave this State, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five nor more than twenty-five dollars, and any justice of the county wherein such offense is committed shall have jurisdiction thereof.

Sec. 180. Jurisdiction of Apprentices By Circuit Court-Desertion. The circuit court of the county shall in a summary way be open to hear any complaint of such master against his apprentice or to said apprentice against the master, and shall make such order in relation thereto as it shall deem fair and right. Any apprentice who shall desert the service of such master shall receive no pay (if the pay exceed the maintenance), while such desertion continues, and anyone who shall knowingly harbor such apprentice shall be liable to said master three dollars for every day such harboring or concealing such apprentice exists, to be recovered before any court having jusrisdiction.

Sec. 181. Other State Educational Institutions. On and after the first day of July, one thousand nine hundred and nineteen, the West Virginia schools for the deaf and the blind, and such other state educational institutions as may hereafter be established by the legislature, shall be under the control and management of the state board of education and the state board of control, as provided in this act for other state educational institutions.

Sec. 182. Shall Make Reports. On the first day of October of each year or as soon thereafter as practicable, the state board of education through the state superintendent of schools, shall make to the governor a full report concerning the state educational institutions (a copy whereof shall be filed with the state board of control at the same time) which shall show the number of persons employed about each of the said institutions; the official designation of each of

such persons, and the amount and rate of compensation paid to him; and shall report the amount disbursed by them of any funds under their control, stating the purposes for which expended and the amount expended for each purpose, and the number of days actually engaged by the persons employed about each of their said institutions, including teachers and professors. Said report shall also show the number of students actually attending each of said institutions, and the number of students enrolled in each school or department of each of said institutions, and the total cost of each of said schools or departments; and shall make special reports to the governor as he may request; and may make recommendations respecting legislation needed to promote the welfare of their institutions.

The state board of control and the state board of education shall from time to time as may be necessary, make a report to the auditor, which shall state the names of each person employed by each of them at any of the institutions named in section seven of this act, his official designation and the rate of compensation per month (or by the day or week if employed for less than a month) and out of what funds or appropriation the same is payable. The chief officer or head teacher of any such institutions, or other person who may have been appointed for the purpose by the state board of control, shall make out and certify to the auditor at the end of each month a list of persons to whom any payments may be due, stating for what purpose due, the amount due each person and the fund or appropriation from which payable; one copy whereof shall be filed in the office of the institution where made, and one in the office of the state board of control. If the auditor finds such list correct and in accordance with the reports made to him by the state board of control, or the state board of education, he may pay to the persons entitled thereto the amounts so certified as due each.

Sec. 183. Voting of Bonds. In any district or independent district the board of education may borrow money and issue bonds therefor, for the purpose of purchasing school sites, and erecting, completing, enlarging, repairing or furnishing school buildings in such district or independent district; provided, however, that no such debt shall be contracted under this section unless all questions connected therewith shall have been first submitted to a vote of the people of such district or independent district, at a general or special election, and have received a majority of three-fifths of all the votes cast for and against the same; and provided, further, that no debt shall be contracted under this section which shall, including existing indebtedness, in the aggregate, exceed two and one-half per centum of the value of the taxable property in the district or independent district, as ascertained by the last assessment thereof for state and county taxes, nor without at the same time submitting to the voters of such district at the election held for the purpose of authorizing bonds, the question of authorizing a special levy sufficient to pay the interest annually on all the outstanding bonds and to retire annually a proportionate amount of the principal of such bonds. If a majority of the votes cast at such election be in favor of such levy, the board of education shall have authority to lay such levy and may continue to lay the same or such portion thereof as may be necessary, from year to year, without an additional vote, until such bonded indebtedness is paid off and discharged; but the funds arising from such levy shall be used for the purpose designated, and no other.

Such bonds shall not be issued for a longer period than twenty years, nor

shall they be sold for less than their par value, nor bear interest at a greater rate than six per centum. They shall be issued serially in equal installments, so that after the first five years from the date of their issue one of the series will fall due and be payable in every year of the remaining period of their issue. Such bonds shall also contain a provision authorizing the board of education after five years from the date of issue to pay any or all of the remaining outstanding bonds at any interest period, by notifying the holders of such bonds by letter, if the names and postoffice addresses of such holders be known to the board, and by giving at least sixty days' notice by publication in one or more newspapers, said bonds to be retired in the order in which they fall due.

The issuance of such bonds shall be in accordance with the provisions of chapter fifty-seven of the acts of the Legislature of one thousand nine hundred and seventeen (regular session).

Sec. 184. School Elections-How Held. Any and all elections authorized by this act, for school purposes, may be held separately or in connection with any general or special election. Notice of such election shall be given by the publication of the order of the board calling the same, in two newspapers of different political parties and having general circulation in the territory in which the election is to be held, at least once each week for two successive weeks. If there is only one newspaper in general circulation in the territory in which the election is to be held, then the notice of publication shall be made therein. Printed copies of the aforesaid order shall be posted at each place of voting at least ten days before the election. All provisions of the law concerning general and special elections shall apply in such elections in so far as is practicable, except that the board calling the election shall appoint necessary election officers and shall canvass the returns, and the secretary of the board shall procure and furnish to the election commissioners at each place of voting the tickets, poll books, tally sheets and other things needed. In calling elections, district and county board of education shall follow the forms to be prescribed by the attorney general.

SHERIFFS DUTIES AS TO SCHOOL FUNDS

Sec. 185. Collections and Disbursement of School Money-Bond. The sheriff of the county shall receive, collect and disburse all school money for the county and the several districts and independent districts therein. But before receiving or collecting any such school money he shall give in addition to his bond as collector of the state and county taxes, a bond with approved security in a penalty double the amount of school money which will probably come into his hands for school purposes during any one year of his term of office.

Sec. 186. Pay Orders. He shall keep accounts with the boards of education of the various districts and independent districts of the money belonging to the several funds, as provided by law, and shall credit every receipt and charge every disbursement to the fund to which it belongs. He shall pay out no money except upon orders of the respective boards specifying the amount to be paid, the purpose for which paid and the fund to which it is to be charged, signed by the president and secretary and countersigned by the county financial secretary, or by the president and one other member, as prescribed in section ninety-three* of this act, and countersigned by the county financial secretary.

*Refers to section ninety.

« iepriekšējāTurpināt »