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House Bill No. 534

(House Bill No. 534—Mr. Stathers.)

AN ACT to amend and re-enact section two of chapter ninety-two of the acts of the legislature of West Virginia of one thousand eight hundred and sixty-seven, as amended by chapter forty-seven of the acts of the legislature of West Virginia of one thousand eight hundred and sixty-eight, as amended by chapter thirty-eight of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-nine, relating to the school district of Clarksburg.

Be it enacted by the Legislature of West Virginia:

That section two of chapter ninety-two of the acts of the legislature of West Virginia of one thousand eight hundred and sixtyseven, as amended by chapter forty-seven of the acts of the legislature of West Virginia of one thousand eight hundred and sixty-eight, as amended by chapter thirty-eight of the acts of the legislature of West Virginia of one thousand eight hundred and ninety-nine, be amended and re-enacted so as to read as follows:

Section 2. (a) The board of education of said district shall 2 consist of three members who shall be elected by the qualified vot3 ers resident therein, and no two of whom shall reside in the same 4 ward in the city of Clarksburg, West Virginia, while serving as a 5 member of said board. They shall be vested with the same rights, 6 exercise the same powers, perform the same duties and be governed 7 by the same laws by which boards of education elsewhere in the 8 state of West Virginia are or may hereafter be governed except in9 sofar as modified by the provisions of this act. 10 (b) The members now constituting the board of education of 11 said district shall continue in office until the expiration of the 12 respective terms for which they were elected. The qualified voters 13 of said district at the election to be held for elective city officers of 14 the city of Clarksburg on the third Tuesday in April, one thousand 15 nine hundred and twenty-one, shall elect one member of said board 16 of education who shall serve for the term of six years beginning on 17 the first day of July, one thousand nine hundred and twenty-one. (c) At the city election to be held on the third Tuesday in 19 April, one thousand nine hundred and twenty-three, there shall be 20 elected two members of said board of education. The candidate 21 receiving the highest number of votes cast at said election for a

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22 member of the board of education shall serve for the term of six 23 years, and the candidate receiving the next highest number of votes 24 cast at said election for a member of the board shall serve for the 25 term of two years beginning on the first day of July, one thousand 26 nine hundred and twenty-three; and bi-ennially thereafter there 27 shall be elected one member of said board of education to serve for 28 a term of six years beginning on the first day of July next following 29 the date of election.

30 (d) The vacancy caused by the expiration of the term of Rob31 ert M. Morris on June thirtieth, one thousand nine hundred and 32 twenty-two, shall be filled by appointment by the remaining mem33 bers of the board of a member who shall serve until the thirtieth 34 day of June, one thousand nine hundred and twenty-three. 35 (e) Said elections shall be conducted by the officers who shall 36 conduct the city elections for the city of Clarksburg without addi37 tional compensation, and in all respects said elections shall be a 38 part of the city elections; provided, that all the qualified voters of 39 said school district residing within the corporate limits of said city. 40 shall vote for a commissioner or member of the board of education 41 in their respective precincts or wards of said city, but no person re42 siding in said city and outside the limits of said school district 43 shall be permitted to vote for a commissioner or member of the 44 board of education; and provided, further, that all the qualified 45 voters of said school district residing outside the corporate limits 46 of said city shall vote for a commissioner or member of the board 47 of education at the office of the city council. Separate ballots, poll 48 books and ballot boxes shall be supplied by the board of education 49 for taking the votes for a commissioner or member of the board of 50 education at the several voting places in said city, but within said 51 school district only.

52 (f) The commissioners of election shall certify the result of the 53 balloting for a member or members of the board of education of 54 Clarksburg school district to said board, and the said board shall 55 issue a certificate of election to the person or persons entitled there56 to within five days after any election. In case of a tie in the vote 57 for a member of the board of education, the persons so tieing shall 58 decide which shall be entitled to the office by casting lots. All 59 contests concerning the election of a member of a board of educa60 tion shall be heard and determined by the board.

61 (g) All candidates for membership of the board of education 62 shall be chosen at the primary election to be held for the purpose of 63 nominating candidates for city offices in the city of Clarksburg. 64 Such primary elections shall be conducted by the election officers 65 appointed by the city council, and as far as applicable in other re66 spects in the same manner as provided herein for the election of a 67 commissioner or member of the board of education. In taking the 68 vote for candidates for membership of the board of education a 69 separate ballot from that used for nominating candidates for city 70 officers shall be used.

71 (h) The ballot commissioners for the city of Clarksburg shall 72 cause to be printed and supplied at the respective voting places bal73 lots to be used in primary elections and in general elections for the 74 nomination and election of members of the board of education of 75 said Clarksburg school district, the expense thereof to be paid by 76 said school district.

House Bill No. 535

(House Bill No. 535—Mr. Bender.)

AN ACT abolishing the independent school district of Burnsville, in the county of Braxton, and the corporation of the board of education of the independent school district of Burnsville.

Be it enacted by the Legislature of West Virginia:

That the independent school district of Burnsville, be abolished and the real and personal property belonging thereto transferred in the manner hereinafter set forth:

Section 1. Chapter nineteen of the acts of the legislature 2 of West Virginia, regular session, for the year one thousand nine 3 hundred and five entitled "An act to establish the independent 4 school district of Burnsville in the county of Braxton, in the state 5 of West Virginia, is hereby repealed, and the corporation created 6 by said act called "the board of education of the independent school 7 district of Burnsville is hereby dissolved."

Sec. 2. All property, real and personal, except money and un2 collected levies, belonging to the independent school district of 3 Burnsville, or the board of education of the independent school dis4 trict of Burnsville, shall, upon the going into effect of this act, be 5 and become the property of the board of education of Salt Lick

6 district, Braxton county, West Virginia, to be used by said board 7 for school purposes under the laws of this state.

Sec. 3. All money, and the proceeds from all levies uncollected, 2 owned by or due to the independent school district of Burnsville, or 3 the board of education of the independent school district of Burns4 ville, shall, upon the going into effect of this act, be transferred to 5 the board of education of Salt Lick district, Braxton county, West 6 Virginia; and shall be applied, so far as the same may legally be 7 done to carry out the contracts made by the board of education of 8 the independent school district of Burnsville for the school year 9 ending June thirtieth, one thousand nine hundred and twenty-one; 10 and all other money and levies so transferred shall be applied to the 11 payment of any existing indebtedness against the independent 12 school district of Burnsville, or the board of education of the inde13 pendent school district of Burnsville, in the same manner as the 14 said district and board would have been required to apply the same 15 but for the passage of this act.

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Sec. 4. In the event the money and levies transferred to the 2 board of education of Salt Lick district are not sufficient to pay all 3 indebtedness against the independent school district of Burns4 ville, and the board of education of the independent school dis5 trict of Burnsville, bonded and otherwise, the said board of edu6 cation of Salt Lick district is hereby authorized, empowered and di7 rected to lay and collect, in the manner prescribed by law, such 8 levies upon the real and personal property within the limits of the 9 independent school district of Burnsville, as now constituted, as 10 may be necessary to pay such indebtedness; such levies to be im11 posed within the limits permitted by existing law, and in such 12 manner as to comply with the terms of any bonds issued and sold 13 by the independent school district of the town of Burnsville, or the 14 board of education of the independent school district of Burns15 ville.

House Bill No. 287

(Committee Substitute for House Bill No. 287.)

(By Committee on Taxation and Finance.)

AN ACT to establish a high school in the county of Wayne, state of West Virginia, and to provide for a special levy and a board of trustees for the same.

Be it enacted by the Legislature of West Virginia:

Section 1. The presidents of the boards of education of Union 2 district, Lincoln district, Butler district, Stonewall district and 3 Grant district, together with the county superintendent of 4 schools of said county shall constitute a Wayne county board of 5 education for said high school. The county superintendent shall 6 be ex officio member of said board, and a president and secretary 7 of said board shall be appointed by said board at its first regu8 lar meeting of each year.

Sec. 2. The said Wayne county high school board of educu2 tion shall be a body corporate, and as such shall have and exer3 cise all the rights and powers now conferred by law on district 4 boards of education.

Sec. 3. Said board of education shall as soon as practicable 2 after the passage of this act, purchase a site in a convenient and 3 suitable location in or near the town of Wayne and shall erect 4 thereon suitable buildings and shall establish therein a county 5 high school to be opened without cost free of tuition to all pupils 6 who are qualified according to law to enter said high school in 7 said Wayne county, and is to be known as the Wayne county 8 high school.

Sec. 4. For the purpose of purchasing a site and for erecting 2 and equipping a building or buildings for said county high school, 3 the said board of education as aforesaid is hereby empowered and 4 directed to lay a levy of not more than twenty cents on each one 5 hundred dollars valuation of taxable property in said districus 6 for three successive years, beginning with the year one thousand 7 nine hundred and twenty-one.

Sec. 5. Beginning with the year in which said county hig 2 school is ready to open, and annually thereafter, the board as 3 aforesaid shall have the authority to lay for the support and 4 maintenance of high school a levy not to exceed ten cents on each 5 one hundred dollars valuation of all the taxable property in said 6 district for a maintenace building fund, and a levy of not to 7 exceed twenty cents for what is known as a teachers' fun. Said 8 levies shall be laid by said board of education at the time and 9 in the manner that all school levies are laid by district boards 10 of education, or as soon thereafter as practicable.

Sec. 6. The members of said county board of education of said 2 high school, except the county superintendent of schools, shall re

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