ent school district), has made the levy required by law, for school purposes, and that said sheriff has given the bond required by law. County Superintendent of Schools." CXXXIX. Sections 42 and 61 prohibit any district or independent school district from receiving its proportion of the State school fund, until it has laid the local levy required by section 40 County superintendents should inform the Auditor if a district votes down the levy that he may act in compliance with section 42. intendent. 63. There shall be elected a State Superintendent of State SuperFree Schools for the State, whose term of office shall be the same as that of the Governor. He shall be a person of good moral character, of temperate habits, of literary acquirements, and skill and experience in the art of teaching. He shall receive annually the sum of one thousand five hundred dollars in payment for his services, to be paid monthly out of the school fund upon the warrant of the Auditor. If in the performance of any duty imposed upon him by the Legislature, he shall in cur any expenses, he shall be reimbursed therefor. Provided, The amount does not exceed five hundred dollars in any one year. tendont. 64. The State Superintendent shall reside and keep ate superhis office at the seat of government. He shall provide a seal for his office, and copies of his acts and decisions, and of papers kept in his office, authenticated by his signature and official seal shall be evidence equally with the original. He shall sign all requisitions on the Auditor for the payment of money out of the State treasury for school purposes, except as hereinafter provided. intendent. 65. The State Superintendent shall be charged with Duties of the supervision of all county superintendents and free State Superschools of the State, and see that the school system is carried into effect. He shall prepare and transmit to the county superintendents instructions how to conduct the elections prescribed in this chapter, to keep and transmit the official records and ballots thereof, and the manner of ascertaining and announcing the results, so as to conform the same to the provisions of this chapter, and also to such provisions of the general election laws of the State as may not be inconsistent therewith; he shall prescribe and cause to be prepared all forms and blanks necessary in the details of the system, so as to secure its uniform operation throughout the State, and shall cause the same to be forwarded to the several county superintendents, to be by them distributed to the persons entitled to the same. He shall cause as many copies of this chapter and other school laws in force with such forms, regulations and instructions as he may judge Duties of State Superintendent. Report of State Superintendent. Auditor to report condi fund. expedient, thereto annexed, to be from time to time published, as he may deem expedient, and shall cause the same to be forwarded to the county superintendents, to be by them distributed to the persons entitled to receive them. 66. It shall be the duty of the State Superintendent to aim at perfecting the system of free schools as established in the State; and for this purpose it shall be his duty to correspond with educators and school officers abroad, to acquaint himself with the various systems of free schools established in other states and countries, collate the results as exhibited in the reports of their several superintendents, and to use all efforts necessary to enable him to render available the combined results of the experience of other communities with his own experience and observation. He shall acquaint himself intimately with the peculiar educational wants of each section of the State, and shall take all proper means to supply them, so that the schools shall be as nearly as possible equal and uniform in grade throughout the State. He shall acquaint himself with the different systems and methods of instruction which may be introduced among educators, and shall explain and recommend such as experience and sound principles of education may have demonstrated to be valuable; and it shall be his duty to endeavor to render available to the people of this State all such improvements in the system of free schools and the methods of instruction, as may have been tested and proven by the experience of other communities. 67. He shall, on or before the first day of January, of each year, make a report to the Governor, to be by him transmitted to the next regular session of the Legislature, in regard to the condition of free schools within the State, embracing all statistics compiled from the reports of the county superintendents, and such other authentic information as he can procure, which will be necessary to give a proper exhibit of the working of the system together with such plans as he may have matured for the management and improvement of the school fund, and for the better and more perfect organization and efficiency of free schools; and, likewise, all such matters in relation to his office and to free schools, as he may deem expedient to communicate. 68. The Auditor shall annually, before the first day of September, deliver to the Governor and the State tion of school Superintendent of Free Schools, each, a report made up to the first day of July next preceding, of the condition of "the school fund," with an abstract of the accounts thereof in his office, which report the Governor shall lay before the legislature at its next regular session. CXL. Chapter 29, section 67, Code, requires the Auditor to certify to each County superintendent the amount of railroad levies, due to each district and independent district. See said section. 69. The Governor, State Superintendent of Free Board of Schools, Auditor and Treasurer, shall be a corporation, school tund. under the name of "the board of the school fund," and shall have the management, control and investment of said fund, under the fourth section of the twelfth article of the constitution. The Governor shall be president of the board, and in his absence the board may choose one of their number to preside temporarily in his place. The Auditor shall be the secretary of the board. A faithful record shall be kept of all the proceedings, and a copy thereof, certified by the secretary of the board, shall be evidence in all cases in which the original would be. A majority of the board shall constitute a quorum for the transaction of business. 70. A meeting of the board may be held at any time, upon the call of any member thereof, provided notice be given to all members who may be at the seat of government. The auditor's office shall be the place of meeting, and the proceedings shall be signed by the president and secretary of the meeting for that day, and shall be open to inspection at all times. Meetings. recoverable. 71. All the money which cught to be paid into the Money treasury to the credit of "the school fund" shall be recoverable with interest by action or motion in the name of said board, before any court having jurisdiction, and the attorney-general shall institute and prosecute such action or motion when so directed by the board. agents. 72. The board may appoint agents for the collection Board may of debts or claims, and authorize them to secure pay- appoint ment thereof, and to protect the interests of the school fund, on such terms as it may approve. They shall take bond from said agent, if any money is to come into his hands; and any agent selling lands, when directed to do so by the board, shall execute a deed, (with the resolution giving such directions thereto annexed), conveying to the purchaser by special warranty. Said agent may be allowed by the board a compensation not exceeding, in any case, five per cent. on the money paid into the treasury. 73. All such sums as have accrued or shall hereafter Permanent accrue to this State, from the several sources enumer- how invested. school fund; ated in the fourth section of the twelfth article of the Constitution, shall be set apart as a separate fund to be called "the school fund," and it shall be the duty of the auditor to ascertain from time to time what sums have Certain stocks school fund. so accrued or may hereafter accrue, and to pass the same to the credit of the seid school fund; and it shall be the duty of the board of the school fund, from time to time, to invest the same in the interest bearing securities of the United States, or of this State, or otherwise, provided for in said fourth section of the twelfth article of the Constitution. And it shall be the duty of the said board to sell any investments on account of the school fund now made in other securities, than those required in said fourth section of the twelfth article of the Constitution, and invest the proceeds thereof in the interest bearing securities of the United States, or of this State, or otherwise, as provided in the Constitution aforesaid. (73a I. All stock owned by the state of West Virtransferred to ginia, standing in the name of the Commonwealth of Virginia, the State Internal Improvement Fund, or the Board of the Literary Fund, or in any other name, in the National Bank of West Virginia, at Wheeling, the Parkersburg National Bank, the First National Bank of Wellsburg, the First National Bank of Fairmont, the National Exchange Bank of Weston, and all the interest owned by the State, standing in the name of the Commonwealth of Virginia, or in the name of either of said funds, or in the name of the State of West Virginia, or in any other name, in the North Western Bank of Virginia and its branches, and in the branches of the Exchange Bank of Virginia at Weston; and all dividends and accrued interest on all such stock, is hereby transferred to and shall henceforth be held and treated as a part of the school fund of the State, subject to the control of the board of the school fund; and the annual interest or profits thereof (but no part of the principal), shall be passed to and become a part of the fund for annual distribution among the several counties of the State.) Auditor shall 74. The auditor shall be the accountant of the board, be accountant. exercising any of their powers, except that he shall not, without special authority, entered upon the records of their proceedings, dispose of any property or invest any money of the school fund. He shall place the securities in which said school fund is invested in such depository for safe keeping, as the board shall direct. All money belonging to "the school fund" shall be received into and paid out of the treasury upon the warrant of the auditor. But no warrant for paying out such money shall be issued without the authority of the board. 75. Nothing in this chapter shall alter or affect the laws now in force respecting the free schools in the city Wheeling. of Wheeling, and the parts of districts connected there- City of CXLI. Independent school districts are those created by special act of the Legislature and are governed by the laws laid down in the acts creating taem. On points where these acts are silent the general law applies, The principal independent districts having superintendents are Wheeling, Huntington, Parkersburg, Martinsburg and Charleston. WEST VIRGINIA UNIVERSITY. College of 76. "The Agricultural College of West Virginia," Agricultural located and established at Morgantown, in the county West Virginia. of Monongalia, in pursuance to the act passed February seventh, one thousand eight hundred and sixty-seven, entitled "An act for the regulation of the West Virginia Agricultural College," shall be and remain as so established and located; and all the provisions of said act, except so far as the same may be altered by this chapter, shall remain in full force and effect to the same extent as if this chapter as amended had not been passed. 77. The name of said college shall hereafter be "The West Virginia West Virginia University," by which name it shall have University. and hold all the property, funds, investments, rights, powers and privileges, now had and held under the name prescribed in the above recited act. University. 78. For the government and control of said Univer- Regents of sity there shall be a board of regents consisting of nine West Virginia persons, to be called "The Regents of the West Virginia University." As such board they may sue and be sued, and have a common seal. The said board shall have the custody and control of the property and funds of said University, except as otherwise provided by law. They shall have the power to accept from any person or persons any gift, grant or devise of money, land or other property intended for the use of the University, and shall by such acceptance, be trustees of the funds and property which may come into the possession or |