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warrant upon the Treasurer of the State for the amount due
each district, payable to the sheriff of the county, to be placed
by him to the credit of the "Teachers' Fund" of the district.

(5) The District Levies.-Under the Constitution the Leg-
islature may require either a district levy or a county levy in
aid of the support of the free schools; but so far in the history
of the State no county levy has ever been authorized by statute
law. The principle has prevailed that the support of free
schools, so far as is required in addition to the sums derived
from the General School Fund is a local charge and should be
provided for by the local unit of districts. Local levies are of
two classes, namely, (1) one known as the "Building Fund,'
and (2) the other known as the "Teachers' Fund." The local
levies are laid only when authorized by a vote of the people of
the district. This vote is taken periodically, formerly once in
two years, but now once in four years.

The "Building Fund" is levied annually by the board of education of the district on the first Monday in July of each year, or as soon thereafter as practicable, at a rate not to exceed forty cents on each one hundred dollars of the taxable valuation of all property in the district. This fund is designed to provide for schoolhouses, grounds, furniture, fixtures, and appliances; to keep the same in good order and repair; to supply fuel and other things necessary for the comfort and convenience of the schools; to pay any existing indebtedness against the "building fund;" and to pay all other expenses incurred in the district, which are not chargeable to the "teachers' fund." The proceeds of this tax, together with the proceeds that may be derived from any sales of schoolhouses or grounds, and any gifts, devises, or bequests for the purposes of the schools, other than the payment of teachers' salaries, go to make up the "building fund."

The "Teachers' Fund" is also levied annually by the board of education on the first Monday in July of each year, or as soon thereafter as practicable, at a rate not to exceed fifty

• July

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cents on each one hundred dollars of the taxable value of all

property in the district. The rate must be high enough, within this limit, in addition to the sum derived from the General School Fund of the State, to produce an amount sufficient to support the schools of the district for at least four months in each year. The proceeds of this levy, together with the amount received from the General School Fund of the State, constitute a separate fund called the "teachers' fund.” It cannot be used for any purpose except the payment of teachers' salaries.

(6) The Board Compelled to Lay Levies.-If a board should fail or refuse to lay any levy required by law, it may be compelled to do so by the circuit court of the county by means of a writ called a mandamus.

(7) Duties of Officers in Regard to Levies.-On or before the first day of July in each year the assessor must certify to the board of education of each district in his county or assessment district, the valuation of the personal property in the district, and the clerk of the county court must certify the valuation of all real estate within the district, so that the board may have the proper basis upon which to calculate the amount of levy required. When the levy is made it is certified by the board, through its secretary, back to the assessor so that he may extend the taxes on the property book, and to the clerk of the county court so that he may extend the taxes on the land book. The county superintendent is also notified that the levy has been laid, thereupon he is required to issue the requisition already described and deliver the same to the Auditor. A copy of the assessor's property book and also of the county clerk's land book are delivered to the sheriff of the county, who is charged with the amount of taxes entered therein for the district for the school purposes. The sheriff collects and disburses all school monies. He keeps a separate account of the "building fund" and the "teachers' fund" with the board of education of each district, and makes annual

settlements of his accounts with each board, which are recorded in the office of the clerk of the county court. He can pay out no money except upon the order of the board, signed by the president and secretary.

CHAPTER XXIX.

MUNICIPAL CORPORATIONS.

1. Definition of a Municipality.-A municipality is a borough, town, or city, possessed of a charter of incorporation conferring privileges of local self-government: in general it is any district, no matter by what name it may be called, which has certain rights of local self-goverment under a charter of incorporation.

2. Reasons for Establishing Municipalities. When the population of any neighborhood becomes closely grouped together, the people have interests which demand more atten tion than can be given to them by the officers of any unit of rural government. The peace is seldom disturbed in sparsely settled communities, and the demand for peace officers is slight. But in densely populated communities the peace is oftener disturbed, crimes and misdeeds in many forms increase, and the public wants and needs become more numerous and important. "The fewer people to the square mile the fewer and lighter are the functions of government; the more people to the square mile the more and stronger must be the functions of government." Under certain conditions, therefore, and under certain forms of law, municipalities may be created with fixed boundaries and with defined powers for carrying on local self-government within the prescribed area.

3. How Municipalities are Established.-At the time of the formation of West Virginia many towns held charters which had been granted by special act of the General Assembly of Virginia. But the Constitution of West Virginia of 1872, prohibits the Legislature from passing any local or special law,

ers.

incorporating any city, town, or village, or amending the charter thereof, unless it contains a population of not less than 2,000. A general charter was enacted* for the government of all cities, towns, and villages, with a population less than 2,000; but the special charters granted before the enactment of this general charter are preserved; and so far as the general charter confers powers, which are not conferred by the special charter of any municipality theretofore created, such additional powers are deemed an amendment of the special charter without any affirmative action adopting such additional powSo that in effect the general charter provides for the government of all municipalities with a population less than 2,000. But of course any municipality once incorporated under the general charter will continue to exercise its corporate functions until the charter is changed, although the population may increase to any extent beyond the 2,000. Any old special charter may be annulled, and the general charter substituted in its place, by a proceeding in the circuit court. Certificates of incorporation for communities with a population less than 2,000 are granted by a decree of the circuit court; the Legislature cannot grant such a charter. The application for a charter may be made by any number of responsible persons, and must be accompanied by an accurate survey and map of the territory, a census of the resident population, a notice of the intention to make the application, and of an election to take the sense of the voters on the question of incorporation; and a certificate of the result of such election must be filed before final action is taken. Upon the hearing of the application by the court, if a majority of the qualified voters have voted in favor of incorporation, and if the formalities of the law have been complied with, the circuit court may enter an order declaring the territory mentioned in the application, incorporated under a specified name, and entitled to exercise the corporate powers authorized by the general char

* Code of W. Va,, Ch. XLVII.

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