of alcoholic cotics, their ef Study of nature and special instruction as to their effects upon the drinks and narar- human system, in connection with the several divisions fects, etc., pro- of the subject of physiology and hygiene, shall be invided for in pub- cluded in the branches of study taught in the common physiology and or public schools, and shall be taught as thoroughly and in the same manner, as other like required branches are in said schools, to all pupils in all said schools throughout the State. lic schools; also hygiene. Duty of school officers. Penalty for fail 2. It shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the provisions of this act; and any such officer, school director, committee, superintendent, or teacher ure or neglect. Who shall refuse or neglect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. Examination teachers required to pass; when. 3. No certificate shall be granted to any person to teach in the public schools of the State, after the first of January, anno domini eighteen hundred and eightynine, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and the effects of alcoholic drinks and narcotics upon the human system. [Approved February 17, 1887.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety days after its passage. CHAPTER IV. AN ACT to amend and re-enact sections one and two of chapter two hundred and sixty-seven of the Acts of the General Assembly of Virginia, passed February twenty-sixth, one thousand eight hundred and fifty, entitled "An act to incorporate the Olivet Cemetery Company at Moorefield, in the county of Hardy," and to amend said chapter by adding section seven of this Act thereto. [Passed February 5, 1887.] Be it enacted by the Legislature of West Virginia : 2, chapter 267 Va. aiud. and 1. That sections one and two, of chapter two hundred Sections 1 and and sixty-seven of the Acts of the General Assembly of Gen. As'b'ly Virginia, passed February twenty sixth, one thousand re-enacted. eight hundred and fifty, be amended and re-enacted so as to read as follows: And that said chapter be amended Section 7 added. by adding section seven of this Act thereto. incorporated. "1. That Samuel A. McMechen, J. William Gilkeson, Olivet CemeJohn J. Chipley, E. H. Shearer, R. A. Wilson, John W. tery Company Inskeep, John Daniels, James William Knykendall, E. Lee Allen, John T. Vanmeter, William K. Chambers, Homer S. Carr, John C. Fisher, John P. Slyer and Samuel J. Hetzel, their successors and associates, shall be and are hereby created and made a body politic and corporate in law, under the name and style of 'the Olivet Cemetery Company,' and by that name and style shall be able and capable in law to have and use a common Corporate powseal, to contract and be contracted with, to sue and be sued, to plead and be impleaded, and to do and perform all such other things as incident to a body politic and corporate. ers. For what pur pose. "2. The said company shall have the right to acquire May hold real by purchase, or gift, and to hold near the town of estate; limited. Moorefield, in the county of Hardy, land not exceeding twenty acres in quantity, for the purpose of said ceme tery, and shall have power to lay out and ornament the same, to erect such buildings, to arrange burial lots, and to make and enforce by reasonable fines and penalties Powers over such by-laws, rules and regulations for the government grounds and of the establishment as it shall judge best. Provided, buildings. That the same be not contrary to the Constitution and laws of the United States or this State. cemetery Moorefield police regulations extended to. 7. That the police regulations of the town of Moorefield shall extend to and be in force over said land and all its appurtenances. [Approved February 17, 1887.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect from its passage, twothirds of the members elected to each House, by a vote taken by yeas and nays, having so directed. Chapter 130, acts 1882 amended. Affidavit to be appended to return. Form of affidavit A CHAPTER V. AN ACT to amend and re-enact sections thirteen and fourteen, of chapter thirty-one of the code of West Virginia of one thousand eight hundred and sixtyeight, as amended and re-enacted by chapter one hundred and seventeen, of the acts of one thousand eight hundred and seventy-two-three and by chapter one hundred and thirty, of the acts of one thousand eight hundred and eighty-two. [Passed February 5, 1887] Be it enacted by the Legislature of West Virginia : 1. That sections thirteen and fourteen, of chapter thirtyone of the code of West Virginia of one thousand eight hundred and sixty-eight, as amended and re-enacted by chapter one hundred and seventeen, of the acts of one thousand eight hundred and seventy-two-three, and by chapter one hundred and thirty, of the acts of one thousand eight hundred and eighty-two, be amended and re-enacted so as to read as follows: 13. There shall be appended to such list an affidavit in form or effect as follows: "I, A. B., sheriff (or collector or deputy for C. D., sheriff or collector) of the county ofdo swear that the above list contains a true account of all the real estate within my county which has been sold by me, as well as a list of all the real estate redeemed and the names of the persons who redeemed the same to be returned within what Clerk shall nal to auditor. 14. The lists of the sale and redemption of lands with Lists of sale the certificate of oath attached shall, within thirty days and redemption after the completion of such sale, be returned to the aud recorded; clerk of the county court, who shall within twenty days time. thereafter, record the same in a well bound book, and transmit the original list of sales to the auditor And transmit origiif any sheriff or other officer whose duty it is to make Penalty for failout and return such list, shall tail or refuse to do so as ure of officer to herein required, he shall be guilty of a misdemeanor make and reand fined not less than fifty nor more than five hundred dollars; and he and his securities in his official bond shall be liable in an action on said bond for all such damages as may be sustained by any person by reason of such failure; and such sheriff or other officer May he compelled by manmay upon the petition of any person interested be com- damns to make pelled by mandamus to make out and return such list lists. and the proceedings thereon shall be at his cost. [Approved February 17, 1887.] [NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.] The foregoing act takes effect at the expiration of ninety days after its passage. turn lists. and return such CHAPTER VI. AN ACT to amend and re-enact sections seventy-eight, eighty and eighty-two of chapter forty five, of the code of West Virginia, concerning education, as amended and re-enacted by chapter fifteen, of the acts of eighteen hundred and eighty-one. [Passed February 11, 1887.] Be it enacted by the Legislature of West Virginia : 1. That sections seventy eight, eighty and eighty-two, Sections 78, 80 of chapter forty-five, of the code, as amended and re-enacted by chapter fifteen of the acts of eighteen hundred and eighty-one, be and the same are hereby amended and re-enacted so as to read as follows: and 82 acts 1881 amended. Board of re ginia Universi office of mem bers. red upon board. A majority, a transaction of business. except, &c. 78. For the government and control of the said unigents, West Vir- Versity there shall be a board of regents consisting of ty; how consti- one person from each senatorial district, to be ap tuted; term of pointed by the governor, as provided by law, to be called the "Regents of the West Virginia University." Powers confer- 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 the university, except as otherwise provided by law. They shall have power to accept from any person or persons any gift of money or property intended for the use of the university, and shall, by such acceptance, be trustees of the funds which may come into the possession or under the control of said board by such gift, and shall invest and hold such funds and property, and apply the proceeds in such manner, as the donor may prescribe by the terms of his gift. A majority of said regents shall conquorum for the stitute a quorum for the transaction of business; except, that for making arrangements for the erection of buildings, or the permanent alteration thereof, or the appointment to or removal from office of professors, or fixing their compensation, or changing any rule or regulation adopted by a majority of the board, in which cases all the regerts shall be notified in writing by the place and object secretary of the board, of the time, place and object of any meeting proposed to be held for any of the purposes. Concurrence of excepted in this section, and the concurrence of a maa majority nec- jority of the regents shall be required. The term of Terms of pres- Office of the members of the present board of regents ent board not shall be in no wise affected by this act. On the thirWhen, in what tieth day of June, annually, two of the regents in office shall retire from said board. Those appointed from the sixth and seventh senatorial districts shall retire on the thirtieth day of June, one thousand eight hundred and eighty-seven, those of the eighth and ninth districts, at the expiration of the following term, and so on in continuous rotation, following the order in which the said senatorial districts are numbered respectively. Vacancies; how Vacancies in said board shall be filled by the governor as they occur, according to the foregoing regulations, or from any other cause. Regents to be notified of time. ef meeting; how. essary. affected hereby. manner and what members to retire annually from board. filled. Board to declare and establish rules and regulations, etc. 80. The said board shall establish and declare such rules and regulations and by-laws, not inconsistent with the laws of this State or of the United States, as they may deem necessary for the proper organization, the |