CHAPTER 48.—An ACT for the relief of the Board of Education of Falling Springs township, in Greenbrier county. Passed February 23, 1869. Be it enacted by the Legislature of West Virginia : site heretofore vested in board The school house site heretofore selected by the board of education School house of Falling Springs township, in Greenbrier county, in and for school selected to be district number five, of said township, is, so far as the same embraces of education. vacant or escheated lands, vested in the said board of education, provided however, that the said site shall not exceed in area one acre. CHAPTER 49.—An ACT granting additional powers to the Passed February 24, 1869. Be it enacted by the Legislature of West Virginia : powers of justice. 1. The mayor of Hartford city, in Mason county, shall have the Mayor to have same jurisdiction in civil cases as is now by law vested in the justices of said county. 2. The legislature reserves the right to repeal this act whenever it Act may be remay deem it expedient to do so. pealed. CHAPTER 50.-An ACT authorizing the Trustees of the first Wheeling to borrow money. Passed February 24, 1869. Be it enacted by the Legislature of West Virginia : borrow money 1. That George Keline, and George Fricker, trustees of the First Authority to English Evangelical Lutheran church in the city of Wheeling, and their successors, be, and are hereby authorized and empowered to borrow money for the purpose of erecting a church building, on such terms, and on such time, as to the said trustees shall seem proper, and to secure the payment of such loans, and the contracted interest and to secure its thereon, the said trustees may execute such deed or deeds of trust on of trust on lot numbered sixteen, situated on the corner of Fourth and John streets, in the city of Wheeling, upon which said church buildings are to be erected, and to which the said trustees have title, as they may deem necessary. payment by deed church property. debt under this 2. Any bond, note, or instrument, given or made in pursuance of Evidences of this act, shall be exempt from taxation for state, county, school, city act exempt from or township purposes. taxation. 30 Authority to practice law without takin test oath. Act may be repealed. T. J. Stealey-Ceredo-Records for Court of Appeals. [Cн. 53. Passed February 24, 1869. Be it enacted by the Legislature of West Virginia: 1. That Thomas J. Stealey, of Tyler county, late a practicing attorney in this state, be and he is hereby exempted from the provisions of the act of the legislature passed on the fourteenth day of February, eighteen hundred and sixty-six, entitled "An Act in relation to the oaths of attorneys at law," and he is hereby authorized to practice law in the courts of this state without taking the oath prescribed by said act. 2. The legislature reserves the right to repeal this act at any time when in their discretion they may deem it proper to do so. Council may de cide on license, assess tax there on CHAPTER 52.-An ACT to amend and re-enact the twentyfirst section of an act to incorporate the town of Ceredo in the county of Wayne, passed February 23, 1866. Passed February 24, 1869. Be it enacted by the Legislature of West Virginia: That the twenty-first section of an act to incorporate the town of Ceredo in the county of Wayne, passed February twenty-third, eighteen hundred and sixty-six, be amended and re-enacted so as to read as follows: "21. When anything for which a state license is required is to be done within the limits of said town, the council may decide whether such license may be granted or not, and if granted it shall be assessed and collected, the same as if granted by the supervisors of Wayne and require bond county; in addition to the state tax for such license, the council may require an additional tax for the use of the town and in addition to the bonds and sureties required by the state, the council may require such additional bonds and sureties as they may determine." in addition to that required by State. CHAPTER 53.-An ACT to amend and re-enact the seventh, eighth and eleventh sections of chapter one hundred and thirty-five of the Code of West Virginia. Passed February 24, 1869. Be it enacted by the Legislature of West Virginia : The seventh, eighth and eleventh sections of chapter one hundred and thirty-five of the Code of West Virginia, are hereby amended and re-enacted, so as to read as follows: "7. Such record shall be delivered to the clerk of the court of ap- Printing of record for supreme peals, who shall file the same in his office, and shall cause fourteen court of appeals. copies thereof to be printed, preserving in the margin of the printed record the paging of the record from the court below, which shall be used in printing and returned to the clerk's office, provided, that it shall not be the duty of the clerk to have the record printed until the appellant or plaintiff shall deposit with him a sufficient amount to pay for the said printing, which shall be regulated by the price of the public printing, as provided by law, for printing of the same character. The clerk of the court of appeals shall superintend the printing of all records, and shall receive from the appellant for such services a cent ing. for every ten words printed. The costs of such printing, unless other- Costs of printwise ordered by the court, shall be taxed against the opposite party, if the judgment, decree or order appealed from be reversed." peal. "8. Upon the filing of such record, the clerk of the court of ap- Docketing appeals shall docket the appeal in the order in which the records are so filed." "11. Of the printed records, the clerk shall deliver one to each How printed records disposed judge, two to the counsel on each side, one to the reporter, transmit of. one to the clerk of the court below, (in which the case was originally decided,) and retain one in his office. With every such record there shall be printed a table of the contents thereof." CHAPTER 54.—An ACT to provide Free Schools for the District of Fairmont. Passed February 25, 1869. Be it enacted by the Legislature of West Virginia: district. 1. The town of Fairmont, and the parts of school districts contain- Boundaries of ed within the following boundaries, to wit: Beginning at the line Fairmont school between Fairmont and Pawpaw townships, on the Monongahela river, and running with the same to Polecat run, thence down said run to Buffalo creek, thence up said creek with the meanders thereof to Ice's run, thence up said run to the Fairmont and Wheeling turnpike, near the residence of John Conaway, thence in a straight line to the top of the ridge dividing the waters of Bell's run from Goose run, thence with said ridge to the line dividing the lands of Archibald Fleming and William Vandervoort, thence with their line to the West Fork river, thence down said West Fork river to the Monongahela river, and down the same, with the meanders thereof to the place of beginnshall constitute one school district; and the 'board of education shall Board of educa consist of three commissioners, who shall be elected by the resident voters of the district and have exclusive control of all schools within the same. tion. 2. The property, real and personal, within the district of Fairmont, Property vested in board. now vested in the board of education of Fairmont township, shall by ties of board. Powers and du- this act vest in the board of education of the district of Fairmont, which board shall have the same right and shall exercise the same powers, perform the same duties, and be governed by the same laws, that boards of education of townships are, except so far as may be otherwise provided in this act. Whenever the word "township" occurs in the school law, it shall be construed to mean "school district," whenever necessary to give effect to this act. Board incorporated. Its powers. Election of commissioners. How conducted, commissioners. 3. The board of education of said district herein provided for shall be a corporation by the name of the board of education of the district of Fairmont, and by that name may sue and be sued, plead and be impleaded, purchase, hold and grant estates, personal and real, make ordinances, by-laws and regulations, not inconsistent with the laws of this state, for the government of all persons and things under its authority, and the proper conducting of its affairs. 4. The qualified voters of the school district of Fairmont shall on the third Saturday of March next elect three commissioners and one treasurer, who shall qualify and give bond, as required of township treasurers. The council of the town of Fairmont shall appoint three voters of said district to conduct the said election. Official term of 5. The official term of the commissioners to be elected under this act shall commence on the first day of May next succeeding the time of their election, and shall be the same as that prescribed by law for township boards of education and treasurers, unless said election be to fill a vacancy, in which event the persons so elected shall commence the duties of their said office within five days after they shall have been officially notified of their election. The provisions of the to appointment general school law, in relation to the appointmeat of trustees, shall not be held to apply to the district of Fairmont. General school law in relation of trustees not to apply. 6. The board of education of the school district of Fairmont shall, at their first meeting or as soon thereafter as may be practicable, Officers of board, elect one of their number to act as president, and another to act as clerk of said board, who shall perform all the duties which are required to be performed by a president and clerk of a township, which may not be inconsistent with this act. Their duties. 7. The board of education of the said district of Fairmont shall Establishment of have power to establish an adequate number of primary schools and primary schools and high school. a central high school, by such name as may be prescribed by said board, in which may be taught all the branches of education usually pupils not resi- taught in colleges, and shall have power to admit to said schools pupils not resident in said district, upon payment of such tuition as Admission of dent in district. examination of pupils. Admission and they may prescribe, and make all necessary rules and regulations for the admission of pupils therein, and for the examination that pupils must pass preparatory to admission into schools of higher grade, and to purchase and condemn all necessary real estate for school houses or college sites, and do any other act for the good government of said schools. Acquisition of real estate. 8. It shall be the duty of the board of education of the said district District levy. to determine, at their annual meeting on the first Monday of May, as near as practicable, the amount of money necessary, in addition to all other available funds, which ought to be expended for school purposes in said district during the succeeding year, for which amount said board shall levy a tax upon the property included in said district and the residents thereof, and collect the same, and a lien is hereby Lien for taxes. declared to exist on the real estate taxable in said district for all taxes levied thereon, and the said board shall carry into effect the provisions of this act, in the same manner as other school tax is collected under the provisions of the general school law of this state. ation. 9. The taxes to be raised in said district for school and building Limit to taxpurposes, shall never exceed the rate prescribed in the law relating to general free schools, and the amount so levied and collected, as aforesaid, may be used entirely for educational purposes, or entirely How taxes applied. for building purposes, or partly for either, as the board of education from time to time may deem expedient, but shall not be used for any other purpose, except that the board of education of said district shall settle with the board of education of Fairmont township, and Settlement with after an adjustment of all the moneys expended for building purposes tion of Fairmont in said district, compared with that part of said township not therein included, shall pay to Fairmont township such proportion of said building fund as the said township may reasonably be entitled to. board of educa township. mission. 10. The treasurer of said district shall be allowed the same commis- Treasurer's comsion allowed by law to township treasurers for the collection and disbursement of all moneys, and shall pay out the same only on the How moneys order of the board, signed by the president and countersigned by the secretary. paid out. Model depart ment of West Virginia Normal school at Fair 11. The youths residing within the district created by this act may be formed into a model department for the branch of the West Virginia Normal School at Fairmont, and be educated under the corps of mont. teachers of said school, and a part or all of them occupy the Normal School building, under such regulations and on such conditions as may be agreed upon between the board of education of the district of Fairmont and the regents of the said Normal School. CHAPTER 55.-An ACT fixing the times of holding the courts in the Twelfth and Thirteenth Judicial Circuits. Passed February 26, 1869. Be it enacted by the Legislature of West Virginia: That the times of holding the courts in the several counties of the twelfth and thirteenth judicial circuits of this state shall hereafter be as follows: |