the State capitation tax, and by general taxation of persons and property or otherwise. It shall also provide for raising in each county or district. by the authority of the people thereof, such a proportion of the amount re quired for the support of free schools therein, as shall be prescribed by general

laws.

SEC. 6.

The school districts into which any county is now divided shall continue until changed in pursuance of law.

SEC. 7. All levies that may be laid by any county or district for the purpose of free schools shall be reported to the clerk of the county court; and shall, under such regulations as may be prescribed by law, be collected by the sheriff or other collector, who shall make annual settlement with the county court; which settlement shall be made a matter of record by the clerk thereof. in a book to be kept for that purpose.

SEC. 8.

White and colored persons shall not be taught in the same schoo. SEC. 9. No person connected with the free school system of the State, of with any educational institution of any name or grade under State contro. shall be interested in the sale, proceeds or profits of any book or other thing used, or to be used therein, under such penalties as may be prescribed by law; Provided. That nothing herein shall be construed to apply to any work written, or thing invented, by such person.

SEC. 10. No independent free school district, or organization shall here after be created, except with the consent of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question.

SEC. 11. No appropriation shall hereafter be made to any State norma school, or branch thereof, except to those already established and in operation.

or now chartered.

SEC. 12. The Legislature shall foster, and encourage moral, intellectual scientific and agricultural improvement; it shall, whenever it may be practicali make suitable provision for the blind, mute and insane, and for the organization of such institutions of learning as the best interests of general education in the State may demand,

SECTION 1.

ARTICLE XIII.

LAND TITLES.

All private rights and interests in lands in this State derived from or under the laws of the State of Virginia, and from or under the c stitution and laws of this State prior to the time this constitution goes int operation, shall remain valid and secure and shall be determined by the lag in force in Virginia, prior to the formation of this State, and by the constit tion and laws in force in this State prior to the time this constitution ge into effect.

SEC. 3.

SEC. 2. No entry by warrant on land in this State shall hereafter be made. All title to lands in this State heretofore forfeited, or treated as forfeited, waste and unappropriated, or escheated to the State of Virgini: or this State, or purchased by either of said States at sales made for the ne payment of taxes and become irredeemable, or hereafter forfeited, or treated as forfeited, or escheated to this State, or purchased by it and become irredeem able, not redeemed, released or otherwise disposed of, vested and remaining in this State, shall be, and is hereby transferred to, and vested in any person (other than those for whose default the same may have been forfeited or re turned delinquent, their heirs or devisees), for so much thereof as such perse pas, or shall have had actual continuous possession of under color or claim of title for ten years and who, or those under whom he claims, shall have paid the State taxes thereon for any five years during such possession; or if there be no such person, then to any person (other than those for whose default the same may have been forfeited, or returned delinquent, their her or devisees), for so much of said land as such person shall have title er claim to, regularly derived, mediately or immediately from, or under a grant from the Commonwealth of Virginia or this State, not forfeited, which ba for the title forfeited would be valid, and who, or those under whom he claims

is, or shall have paid all State taxes charged or chargeable thereon for five accessive years, after the year 1865, or from the date of the grant, if it shall ave issued since that year; or if there be no such person, as aforesaid, then › any person (other than those for whose default the same may have been rfeited, or, returned delinquent, their heirs and devisees.) for so much of aid land as such person shall have had claim to and actual continuous possesion of, under color of title for any five successive years after the year 1865, nd have paid all State taxes charged or chargeable thereon for said period.

SEC. 4. All lands in this State, waste and unappropriated, or heretofore or hereafter for any cause forfeited, or treated as forfeited, or escheated to The State of Virginia, or this State, or purchased by either and become irreleemable, not redeemed, released, transferred or otherwise disposed of, the title whereto shall remain in this State till such sale as is hereinafter mentioned be made, shall by proceedings in the circuit court of the county in which the lands, or a part thereof, are situated, be sold to the highest bidder.

SEC. 5. The former owner of any such land shall be entitled to receive the excess of the sum for which the land may be sold over the taxes charged and chargeable thereon, or which, if the land had not been forfeited. would have been charged or chargeable thereon, since the formation of this State, with interest at the rate of twelve per centum per annum, and the costs of the proceedings, if his claim be filed in the circuit court that decrees the sale, within two years thereafter.

SEC. 6. It shall be the duty of every owner of land to have it entered on the land books of the county in which it, or part of it, is situated, and to cause himself to be charged with the taxes thereon, and pay the same. When for any five successive years after the year 1869, the owner of any tract of land containing one thousand acres or more, shall not have been charged on such books with State tax on said land, then by operation hereof, the land shall be forfeited and the title thereto vest in the State. But if, for any one or more of such five years, the owner shall have been charged with State tax on any part of the land, such part thereof shall not be forfeited for such cause. And any owner of land so forfeited, or of any interest therein at the time of the forfeiture thereof, who shall then be an infant, married woman. or insane person, may, until the expiration of three years after the removal of such disability, have the land, or such interest charged on such books, with all State and other taxes that shall be, and but for the forfeiture would be. chargeable on the land, or interest therein for the year 1863, and every year thereafter with interest at the rate of ten per centum per annum; and pay all taxes and interest thereon for all such years and thereby redeem the land or interest therein. Provided. Such right to redeem shall in no case extend beyond twenty years 'from the time such land was forfeited.

ARTICLE XIV.

AMENDMENTS.

SECTION 1. No convention shall be called, having the authority to alter the Constitution of the State, unless it be in pursuance of a law, passed by the affirmative vote of a majority of the members elected to each House of the Legislature and providing that polls, shall be open throughout the State. on the same day (therein spéciflett, which shall not be less than three months after the passage of such law. for the purpose of taking the sense of the voters on the question of calling a convention. And such convention shall not be held unless a majority of the votes cast at such polls be in favor of calling the same; nor shall the members be elected to such convention until, at least. one month after the result of the vote shall be duly ascertained, declared and published. And all acts and ordinances of the said convention shall be submitted to the voters of the State for ratification or rejection, and shall have no validity whatever until they are ratified.

SEC. 2. Any amendment to the Constitution of the State may be proposed in either House of the Legislature: and if the same, being read on three several days in each House, be agreed to on its. third reading, by two

thirds of the members elected thereto, the proposed amendment, with the yeas and nays thereon, shall be entered on the journal, and it shall be the duty of the Legislature to provide by law, for submitting the same to the voters of the State for ratification or rejection at the next general election thereafter, and cause the same to be published at least three months before such election in some newspaper in every county in which a printed. And if a majority of the qualified voters, voting on the question newspaper is at the polls held pursuant to such law, ratify the proposed amendment, it shall be in force from the time of such ratification, as part of the Constitution of the State. If two or more amendments be submitted at the same time the vote on the ratification or rejection shall be taken on each separately.

[ARTICLE XV.]

THE JUDICIAL AMENDMENT.

SECTION 1.] The Supreme Court of Appeals shall consist of five judges. Those judges in office when this amendment takes effect shall continue ir office until their terms shall expire. and the Legislature shall provide for the election of an additional judge of said court at the next general election. whose term shall begin on the first day of January, one thousand nine hu dred and five, and the Governor shall, as for a vacancy, appoint a judge of said court to hold office until the first day of January, one thousand nit hundred and five. The judges of the supreme court of appeals and of the circuit courts shall receive such salaries as shall be fixed by law, for those now in or those hereafter to come into office.20

[ARTICLE XVI.]

THE IRREDUCIBLE SCHOOL FUND AMENDMENT.

[SECTION 1.] The accumulation of the school fund provided for in section four of article twelve, of the Constitution of this State. shall cease upon the adoption of this amendment, and all money to the credit of said fund over one million of dollars, together with the interest on said fund, shall be use for the support of the free schools of this State. All money and taxes here tofore payable into the treasury under the provision of said section four, 1o the credit of the school fund, shall be hereafter paid into the treasury to the credit of the general school fund for the support of the free schools of the state.21

SCHEDULE.

SECTION 1. It shall be the duty of the president of this convention, imme diately after its adjournment, to certify to the governor of the State of Wes Virginia an accurate transcript of the constitution and schedule adopted by the

convention.

SEC. 2. Upon the receipt of such certified transcript, the governor shall make proclamation of that fact, and shall annex to his proclamation a copy of this constitution and schedule, all of which shall be published, for the general infor mation of the people, in such manner as he shall deem most expedient.

SFC. 3. The officers authorized by existing laws to conduct general elections shall cause elections to be held at the several places of voting. established by law in each county, on the fourth Thursday of August, 1872, at which election the votes of all persons qualified to vote under the existing constitution, an offering to vote, shall be taken upon the question of ratifying or rejecting this constitution and schedule. Such votes shall be by ballot. The person voting

ratified on Nov. 4, 1902.

[Article XVI is a new article; it was proposed by the legislature of 1901. APK No article or section number was assigned to this amendme by the joint resolution by which it was proposed and it has been designated as [Sectio 11 of [Article XVI.

ratified on Nov. 4, 1902.

21 [Article XVI] is a new article; it was proposed by the legislature of 1901 and No article or section number was assigned to this amendment by the joint resolution by which it was proposed and it has been designated as [Section 11 of [Article XVI].

the ratification of the constitution and schedule shall have written or printed on his ballot the words "For ratification;" and the person voting against ratition shall have written or printed upon his ballot the words "For rejection." SEC. 4. The said election shall be conducted in all things according to the ovisions of the Code of West Virginia, and the amendments thereto, governing ctions, except as herein otherwise provided.

SEC. 5. The supervisors of each county shall assemble on the fifth day unday excepted) after the said election, and proceed to ascertain the result the same in the manner prescribed by the sixty-second section of the third apter of the Code of West Virginia; and it shall be their duty to certify the sult, without delay, to the governor, stating in their certificates the number votes given in their respective counties for ratification of the constitution d schedule, and the number given for rejection.

SEC. 6. It shall be the duty of the governor, upon receiving the said cericates, or a sufficient number thereof to enable him to ascertain the general sult, to declare by proclamation the aggregate vote in the State for and against e ratification of the constitution and schedule; and if it shall appear from the id proclamation that a majority of votes cast are in favor of their ratification, is constitution and schedule shall be operative and in full force from and luding the fourth Thursday of August, 1872.

SEC. 7. On the same day, and under the superintendence of the officers who all conduct the election for determining the ratification or rejection of the stitution and schedule, elections shall be held, at the several places of voting each county, for senators and members of the house of delegates, and all icers, executive, judicial, county, or district, required by this constitution to elected by the people. Such elections shall be by ballot, and the results ereof shall be ascertained. determined, and certified according to the provions and requirements of existing laws; except that the returns of the elections governor, State superintendent of free schools, auditor, treasurer, and attory-general shall be transmitted to the secretary of state, sealed and addressed the "Speaker of the House of Delegates."

SEC. S.

In elections of county officers, required to be elected by districts, e existing subdivisions, by townships in each county, shall constitute such discts until others shall be established.

SEC. 9. Each county shall elect one assessor for each assessment district as ow established by law; but at the election to be held under the provisions of is schedule, in counties entitled to two assessors, both shall be elected by the ters of the entire county.

SEC. 10. At the election to be held under this schedule there shall also be ected in each district, constituted as hereinbefore stated, as many justices and nstables as are now authorized by law.

SEC. 11. If this constitution shall be ratified by the people, the legislature ected under this schedule shall assemble at the seat of government, on the ird Tuesday in November, 1872; and the election of members of the legislature der this constitution, shall vacate the seats of those elected under the present nstitution. The term of service of the delegates first elected to the legislature der this constitution shall expire on the first day of November, 1874; and the rm of service of the senators shall expire as follows: The term of the first ass on the first day of November, 1874, and the term of the second class on e first day of November, 1876. SEC. 12.

The terms of office of the governor, the State superintendent of ee schools, the auditor, treasurer, and attorney-general, elected under this hedule, shall commence on the fourth day of March, 1873. The governor, the tate superintendent of free schools, the auditor, treasurer, attorney-general. l secretary of state, and their successors, elected under the existing constiution and laws, shall continue in office until their successors, elected or appointed nder this constitution and schedule, shall be qualified. The terms of office of he judges of the supreme court of appeals, of the judges of the circuit courts, and f all county and district officers whose election is provided for by this schedule hall commence on the 1st day of January, 1873; and the present judges of the

supreme court of appeals, and of the circuit courts, and their successors wh may be appointed under the present constitution and laws, shall remain in offe until the date last aforesaid. The recorders and supervisors of the severa counties shall continue in office and exercise their functions under the existing constitution and laws until the first day of January, 1873. And all officernamed in this section, elected under the provisions of the existing constitutive and laws, shall, until their terms expire, as herein provided, receive such con pensation as said constitution and laws prescribe.

SEC. 13. The municipal court of Wheeling shall continue in existence, ami exercise its present jurisdiction, until otherwise provided by law.

SEC. 14. All the books, records, papers, seals, and other property now the custody and under the control of the boards of supervisors and recorders the several counties, and records, books, papers, seals, and other property the former county courts, now in the custody of the clerks of the circuit courts shall be transferred on the first day of January, 1873, or as soon thereafter may be, to the clerks of the county courts in their respective counties, are remain in their custody until otherwise prescribed by law.

SEC. 15. Justices, assessors, and all other county officers, except sheriffs a constables, shall, on the first day of January, 1873, or as soon thereafter as be, transfer to their successors in office all official books, records, papers, at property in their possession; and in cases where, from the abolition of ant office, or from any other cause, a doubt shall arise as to the officer entitled: receive them, they shall be delivered to the clerk of the county court for pres vation, until disposition be made of them by that court.

SEC. 16. All county, township, district, and other officers connected with :existing system of free schools shall continue to perform the duties of the respective offices, as now, prescribed by law, until their successors shall h been elected and qualified as the legislature may provide.

SEC. 17.

The records, books, papers, seals, and other property and appe tenances of the existing supreme court of appeals shall, on the first day of Ja. uary. 1873, or as soon thereafter as may be, be transferred to, and remain i the care and custody of the supreme court of appeals established by this cost tution, until otherwise provided by law; and all civil or criminal causes, Je tions, and other proceedings then pending in the supreme court of appeals sh be proceeded with in the supreme court of appeals established by this o tution to final judgment. The records, books, papers, seals, and other proper and appurtenances of the existing circuit courts in this State shall then al be transferred to, and remain in, the care and custody of the circuit courts esta lished by this constitution, until otherwise provided by law; to which courts a process outstanding, at the time this constitution shall go into effect, shall returned, and by which all new process, proper in cases either pending or deter mined in existing circuit courts, may be issued. And all indictments, proses

tions, suits, pleas, petitions, and other proceedings pending in the present cir court of any county shall be prosecuted in the circuit court established in the county by this constitution to final judgment and execution; except that i pending appeals from justices may be transferred to the county court orgas

in such county.

SEC. 18. Copies and transcripts of the records and proceedings of the 12ent circuit courts shall be made and certified by the circuit courts establise by this constitution, or the proper officers thereof, and shall have the same f and effect as if they had been heretofore properly made and certified by 12 existing courts, or their proper officers.

SEC. 19. Recognizances, bonds, obligations, and all undertakings entered in: or executed before the adoption of this constitution, to the commonwealth a Virginia, the State of West Virginia, or to any public officer, corporation, toð. ship, or county, shall remain binding and valid; and all rights and liabi growing out of them shall be unimpaired.

SEC. 20.

The executive department of the government shall remain as 7o present organized, and the governor shall continue in office until a gover elected under this constitution shall be qualified; and all other persons in đờ