attending private schools, and the number not attending any schools; the amount of State School Fund, the sources from which derived and how apportioned, the amount raised by County and Township taxes, and from other sources of revenue for public school purposes; the amount expended for salaries of teachers, for building, improving and preserving school houses; a statement of plans for the management and improvement of schools and school buildings, of the condition of the State Normal Schools, of the State Agricultural College, of all incorporated Literary institutions required to report to him, of the Educational Department of the State Penitentiary, of the Institution for the Deaf and Dumb and the Blind, and of all other Educational Institutions, to which State appropriations may be made.

fund and furnish

abstract.

SEC. 68. He shall apportion to the several Counties the Apportion school school fund to which each may be entitled, and shall furnish to the State Auditor, to each County Treasurer, and to the Commissioners of each County, an abstract of such apportionment, and shall draw his order on the State Auditor in favor of each County Treasurer for the amount of State School fund to which such County is entitled; and shall take each Treasurer's receipt for the same.

SEC. 69. He shall prepare and cause to be printed suitable Prepare and print forms for making all reports and conducting all necessary proceedings under this act, and shall transmit them to the local school officers and teachers, who shall be governed in accordance therewith. He shall furnish the County Examiner with suitable certificates, and shall prepare a State school register which shall be furnished to each school in the State. He shall cause all school laws to be printed in a pamphlet form, and shall annex thereto forms for making reports and conducting school business; also the course of study, rules and regulations; and such suggestions on school architecture as he may deem useful, with such wood cuts and plans of school houses as he may be able to obtain.

Deliver on demand.

He shall furnish each school officer and teacher with at least one copy of said pamphlet.

SEC. 70. The Superintendent of Public Instruction shall at the expiration of his term of office deliver, on demand, to his successor all property, books, documents, maps, records, reports and other things belonging to his office.

MISCELLANEOUS.

No child excluded.

Forfeiture for misappropriations.

Refusal to be qualified.

Penalty for dis

SEC. 71. No child or youth between six and twenty-one years of age shall be excluded from the nearest public school in the Town to which such child or youth belongs, on account of the inability of the parent, guardian or employer of the same, to pay his or her tax, or assessment for any school purpose whatever.

SEC. 72. Any money appropriated to the use of public schools, which shall be applied by a Township, or any officer thereof, to any other purpose than that specified by law, shall be forfeited to the State; and any officer or person who shall fraudulently make a false certificate or order, by which any money appropriated to public schools shall be drawn from the Treasury of the State, or the County, shall forfeit and pay the sum of fifty dollars, and it shall be the duty of the Superintendent of Public Instruction to cause a suit to be instituted to recover said forfeitures.

SEC. 73. Any citizen legally chosen or appointed who shall refuse to be qualified, or to discharge any duty imposed by this or any other act in relation to public schools shall forfeit the sum of ten dollars, to be collected by the Treasurer of the Township in which such person resides, and paid into the County Treasury.

SEC. 74. Every person who shall wilfully interrupt or turbing any school. disturb any public or private school, or any meeting lawfully and peaceably held for the purpose of literary or scientific improvement, either within or without the place where such school or meeting is held, or of injuring any school building, or of defacing any school furniture, apparatus or

other property, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not exceeding one hundred dollars at the discretion of the Court.

SEC. 75. With the consent of the School Committee first obtained, minors between the ages of six and twenty-one years may attend school in Townships other than those in which their parents or guardians reside.

SEC. 76. The School Committee shall not allow any child to be admitted to, or connected with, the public schools, who is affected by any contagious or loathsome disease.

SEC. 77. Every member of the School Committee, under whose directions a child is excluded from a public school, and every teacher of the school from which a child is excluded shall, on application by the parent or guardian of such child, state in writing the grounds and reason of such exclusion.

Diseased children.

State in writing

reason of exclusion.

damages.

SEC. 78. A child, unlawfully excluded from any public Child may recover school, may recover damages therefor in a civil action, to be brought in the name of such child by his guardian or next friend against the Township by which such school is supported.

School day and

term.

SEC. 79. A school day shall comprise six hours exclusive of recess; a school month, twenty days, exclusive of the first and last day of each week; a school term, four months. SEC. 80. The school year shall commence on the first day School year. of October, and close on the thirtieth day of September.

SEC. 81. All acts and resolutions heretofore enacted

Acts and resolu

relating to common schools and the Literary Fund, and all tions repealed. other acts inconsistent with this act are hereby repealed.

SEC. 83. This act shall be in force from and after its ratification.

Ratified the 12th day of April, A. D. 1869.

CHAPTER CLXXXV.

AN ACT CONCERNING TOWNSHIPS.

Districts approved

Counties.

Proceedings in

name of Board.

SECTION 1. The General Assembly of North Carolina do enact, That the Districts reported by the Commissioners of the following Counties of the State to the present session of the General Assembly, are hereby approved, and said Districts, in obedience to article seven, sections three and four of the Constitution, to-wit: Craven, Granville, Halifax, New Hanover, Chatham, Cumberland, Davidson, Duplin, Edgecombe, Franklin, Guilford, Iredell, Johnston, Meeklenburg, Northampton, Orange, Randolph, Rockingham, Rowan, Warren, Wayne, Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, Clay, Cleveland, Columbus, Currituck, Davie, Forsyth, Gaston, Greene, Harnett, Henderson, Haywood, Hertford, Hyde, Jones, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Nash, Onslow, Pasquotank, Perquimans, Person, Richmond, Rutherford, Sampson, Stanly, Stokes, Surry, Transylvania, Tyrrell, Union, Watauga, Wilkes, Wilson, Yadkin, Yancey and Caswell, shall have corporate powers and shall be known as Townships by the boundaries and by the name respectively designated in said reports; but the said districts may be altered or divided, or new Townships may be erected, by the County Commissioners in the manner specified in subdivision fifteen, section eight of an act of the General Assembly entitled "An act concerning the government of Counties," and ratified the fourteenth day of August, Anno Domini, eighteen hundred and sixty-eight.

SEC. 2. All acts or proceedings by or against a Township, in its corporate capacity, shall be in the name of the Board of Trustees of the Township.

SEC. 3. The Board of Trustees of each Township shall consist of a Clerk and two Justices of the Peace, except as otherwise provided for in this act in respect to Justices of the Peace, in those Townships in which Cities and Towns are situated.

Of whom Board of Trustees to consist.

tices in Cities or

SEC. 4. In every Township in which any City or Town Number of Jus is situated, or which may consist of a City or Town, the Towns. number of Justices of the Peace to be elected shall be two more than the number of wards in such City or Town, or in case such City or Town is not divided into wards, then one additional Justice for each five hundred inhabitants, or if there are less than five hundred inhabitants, one additional Justice; for the purpose of obtaining the number of inhabitants in any such City or Town, the corporate authorities shall have power to take a census thereof.

SEC. 5. The first election for Township Boards of Trustees, shall be held on the first Thursday in August, eighteen hundred and sixty-nine.

SEC. 6. Such election shall be held in all respects under the rules and regulations now prescribed by law, at such place in each Township as the County Commissioners may designate, and the return thereof shall be made to the Board of Commissioners of each County, who shall declare the result of said election, and within five days thereof shall notify the persons receiving the majority of votes in each Township, of their election.

SEC. 7. The persons who are elected at such election shall appear, within five days after service of notice, before the County Commissioners and qualify by taking and subscribing oath of office, which oath shall be filed with the Clerk of the Board of Commissioners.

SEC. 8. The Board of Commissioners is authorized to decide in all cases of contested election, subject to appeal to the Superior Court of the County.

SEC. 9. The persons chosen at the first election under this act, shall continue in their office till the first Thursday in August, eighteen hundred and seventy-one, and until their

First election.

How election held

Persons elected to qualify.

Board to decide contested election.

Term of office.