violation, or without authority of law. All moneys recovered in any such action, suit or proceeding shall be paid into the treasury of the proper fiscal body to the credit of the proper fund. The plaintiff, in case he prevails, shall recover his costs against the defendants, including a reasonable attorney's fee to be fixed by the trial court, and included in the taxation of costs. Any such taxpayer, or the state tax commissioner, shall have the right to institute and prosecute to final judgment any proceeding for the removal of any member of any county court, board of education, municipal council, or other body in lieu thereof, for expending public money in violation, or without authority of law. Upon the filing of a petition by such taxpayer, or the state tax commissioner, either in term or vacation, the court, or judge, shall set a time for hearing such petition. An attested copy of the petition and specifications of charges therein contained, shall be served for a period of at least twenty days upon the defendants named therein, and no other pleading or notice of such proceeding shall be necessary.

Preparation of Forms

Sec. 13. The state tax commissioner shall prepare and furnish forms and instructions for making up the statement required in sections two, five and eight relating to fiscal affairs; the state superintendent of free schools shall prepare and furnish forms and instructions as provided in section seven; and the attorney general shall prepare and furnish forms and instructions for the holding of any election provided by this act.

Construction of this Act

Sec. 14. This act shall not be construed as affecting any fund heretofore raised by levy or from being used for the purposes for which levied, and any balance remaining in any fund affected by this act shall be transferred to the proper and logical fund hereunder.

EXTENSION OF TERM IN THE ELEMENTARY GRADES WHERE A

NORMAL TRAINING HIGH SCHOOL IS MAINTAINED

(Being Chapter 84 of the Acts of 1919, Regular Session.)

In any district in which a normal training, or class one, high school is maintained in connection with a graded elementary school, the board of education shall have authority to lay upon all of the taxable property in the district, levies sufficient for the teachers' fund and the building fund for maintenance purposes, to continue the elementary grades of such school for the same length of term that the normal training, or class one, high school of such district is in session.

It is provided, however, that any and all pupils of elementary grades in such district shall be permitted to attend the elementary grades of such school after the close of the elementary schools of their sub-districts or in any school term in which the elementary schools of their sub-districts are not in session.

RENEWAL OF CERTIFICATES ADDITIONAL PROVISIONS

(Passed by Legislature, Extra Session, 1919.)

Section 1. The fee for the renewal of a professional teachers' certificate shall be five dollars. The fee for the renewal of a short course certificate shall be one dollar, said certificate to be renewable for one three-year period and said fee payable upon proof that the holder of such certificate has taught or been otherwise actively engaged in school work for two years of the preceding three-year period; and, provided, further, that service in the United States army or navy in the war with Germany shall be counted the same as teaching on any renewable certificate, or shall extend the date of expiration of any non-renewable certificate one year; and, that attendance for six weeks at an approved school may be submitted in lieu of examinations for the renewal of all first grade certificates.

STATE BOARD OF CONTROL

(Being Chapter 15-m of Barnes' Code of Nineteen Hundred Sixteen.)

Sec. 1. How Constituted. The state board of control, created by chapter fifty-eight of the acts of the Legislature of one thousand nine hundred and nine, shall continue, and shall be a corporation, and have and use a common seal. It shall consist of three members, not more than two of whom at the time of appointment shall belong to the same political party, to be appointed by the governor by and with the advice of the State Senate. The term of office shall be six years. The members now in office shall serve to the end of their respective terms, unless sooner removed as herein provided. The governor may remove any member for incompetency, neglect of duty, drunkenness, gross immorality, malfeasance in office, or for other good cause, and fill the vacancy made by any such removal, or made by death, resignation or otherwise, by appointment for the unexpired term. The salary of each member shall be five thousand dollars per year, to be paid monthly; and each shall be paid his actual traveling and other necessary expenses when absent from the state capital on official business. The board shall be provided with an office at the state capital, and with such furniture and clerical and other assistance as shall be necessary. The members shall give their entire time to the discharge of the duties of their office. The board shall choose one of their members president and another treasurer. They may select a secretary and such other officers as they may deem best. The offices of treasurer and secretary may be held by the same member. Before entering upon the duties of his office, each member shall take and subscribe the oath of office prescribed by the constitution, the certificate whereof shall be filed with records of the board, and he shall give bond in the penalty of ten thousand dollars, conditioned for the faithful performance of the duties of his office, and to account for and pay over according to law all moneys or other thing of value which shall come into his hands or under his control by virtue of his office; but the treasurer's bond shall be in the penalty of twenty-five thousand dollars, which shall cover his liability as a member, and as the treasurer. The board may cause the surety in any of such bonds to be a surety or bonding company authorized to do business in this State, and pay the costs thereof out of its current or contingent expense fund. All such bonds shall be approved as to form by the attorney general, and as to sufficiency by the governor, and when so approved shall be filed and recorded in the office of the secretary of state. In the absence of the president or of the treasurer from the state capital, or in the disability of either, the duties of his office may be performed by another member of the board. All deeds, contracts, agreements and other such writings may be executed by the state board of control by the signing of the name of the board thereto by the president, and

impressing the seal of the board therein, attested by the signature of the secretary; and when so executed any such deed, contract, agreement or other such writing shall be deemed the act and deed of said board, and shall be admitted to record in the office of the clerk of the county court, and in any other office or place where writings are admitted to record.

Sec. 2. Expenses. Before any expenses of any member of the board of control or of the board of regents, or of any officer or agent thereof, or before any expenses incurred by any person under the direction of either of said boards, or the expenses of any officer or employee of any institution under the charge of said boards, shall be paid, a full written statement of every item of such expenditure, shall be presented to the auditor, duly verified, which verification shall state that the expense bill is just, accurate and true, and is claimed for cash expended for the purposes named in the statement. Unless the statement is so verified and duly audited, payment thereof shall not be made.

Sec. 3. Control and Management of Certain Institutions. The board of control shall have full power to manage, direct, control and govern the West Virginia asylum, the second hospital for the insane, the West Virginia hospital for the insane, the West Virginia penitentiary, the West Virginia reform school, the West Virginia industrial home for girls, miners' hospital No. 1, miners' hospital No. 2, miners' hospital No. 3, and the schools for the deaf and the blind* and such other institutions, except educational, as may hereafter be created by law.

Sec. 3-a. Names of Certain Institutions Changed. From and after the thirtieth day of June of the year one thousand nine hundred and fifteen, the name of the West Virginia asylum shall be changed to Huntington state hospital; the name of the second hospital for the insane shall be changed to Spencer state hospital; the name of the West Virginia hospital for the insane shall be changed to Weston state hospital; the name of miners' hospital number one, shall be changed to Welch hospital number one; the name of miners' hospital number two, shall be changed to McKendree hospital number two; the name of miners' hospital number three shall be changed to Fairmont hospital number three. All statutory provisions applicable to the government and maintenance of said asylums and hospitals, and to each of them, under their old names, shall be continued in force and be applicable to the government and maintenance of the same institutions under their new names.

All acts and parts of acts inconsistent with this act are hereby repealed.

Sec. 4. To Have Financial Control of Educational Institutions. The board of control shall have charge and control of the financial and business affairs of the West Virginia University, of the preparatory branches of the university` at Montgomery, and at Keyser, of the state normal school and its branches, of the West Virginia colored institute and of the Bluefield colored institute and have such other control and management of said institutions as are in this act provided.

Sec. 5. Title to Property. The title to all property constituting or belonging to the several institutions named in sections three and four and now vested in the several boards of directors, or of regents thereof, shall be and hereby is vested in said board of control on and after July first, one thousand nine hundred

*The Acts of the Legislature of 1919, regular session, make it the duty of the State Board of Education to have charge of the educational affairs of the Schools for the Deaf and the Blind as of other state educational institutions.

and nine; and the several boards now charged with the control and management of said institutions shall thereafter have no further legal existence; and the board of control is, without further process of law, authorized and directed then to assume control and management of the said institutions subject to the provisions of this act.

Sec. 6. Moneys and Funds. All moneys and funds belonging to the State which shall come into the hands or control of the head officer, or other officer, of any of the institutions mentioned in sections three and four, or of any other institution, department, board, commission, or other agency of the State, or of any person connected therewith, and under the control and management of the state board of control in whole or in part, or the fiscal or financial affairs of which are subject to the control or management of said board, shall be paid to the treasurer of said board at least once in each month, on or before the tenth day of the month succeeding the month in which such moneys or funds were received, under such rules and regulations as said board shall prescribe. The state board of control shall cause such money and funds to be paid into the state treasury to the credit of the proper fund of the institution, department, board, commission, or other agency of the State, by depositing the same in a state depository and delivering to the auditor the certificate of deposit therefor. The auditor shall credit the same to the institution, department, board, commission or state agency as shown by the certificate of deposit; and the state board of control shall have authority to issue requisitions, from time to time, on such moneys and funds to be expended for the support or benefit of the institution, department, board, commission, or state agency for which the same was appropriated or provided, and all such moneys and funds are hereby appropriated for the purpose. Such moneys and funds are hereby named "state board of control funds." Whenever the appropriations by the Legislature are insufficient to pay the expenses of conducting any of said institutions, the deficiency shall be certified by the state board of control to the board of public works. Such certificates shall state the name of the institution, the items and amount in detail needed, and the board of public works may direct payment of the same of any part thereof as provided in chapter sixteen of the acts of one thousand nine hundred and four.

Sec. 7. Same-How Expended. All money received by the state board of control from any source, on account of institutions under its control, shall be paid into the state treasury at least once each month to the credit of the institution and fund for which received, and shall remain in the treasury until expended on order of the state board of control or otherwise disposed of by law. There is hereby appropriated so much of the moneys mentioned in this section as may be necessary for the purposes of any of the institutions for which such moneys are received. But no moneys received on account of one institution or fund shall be used for any other institution or fund.

Sec. 8. Clerical Assistants-Reports of Institutions. The board of control shall appoint a competent secretary and such other clerical assistants as may be necessary to the proper conduct of its business. The salaries or compensation of the employees of the board shall be fixed by it, but no salary or compensation shall be increased to exceed the amount appropriated by the Legislature to pay the same. The board shall cause to be kept at its office a proper and complete set of books and accounts with each institution, which shall clearly show every expenditure authorized and made thereat. The said books