Other powers. allotted to such school district; to purchase, lease or rent a site for a school-house; to build, lease or rent, and keep in repair said house; to supply fuel, books, stationery, and furniture; to pay the salary of a teacher, and all other necessary expenses: Provided, however, That no location of a school-house shall be fixed upon unless the same be approved by a majority of the commissioners, and no change shall be made after such school-house shall have been built but by consent of a majority of said commissioners consenting thereto; all the expenses incurred by making such change shall be defrayed by donation or by levies authorized to be made by a majority of the citizens of such school district upon the assessable property therein.

Assent of commissioners required to fixing or changing site for school-house.

Expenses how to be paid.

Clerk of levy SEC. 10. And be it further enacted, That the clerk of the levy court court to make shall annually, without fee or reward, make out for the trustees of priout copies of assessable prop- mary school districts, or such of them as shall apply for the same, copies from the assessment books of said county of all the assessable property in said district or districts.

erty.

President and

meetings.

SEC. 11. And be it further enacted, That all meetings of the school clerk of district districts, held for the purpose aforesaid, shall be organized by appointing a president and clerk pro tempore, who shall take minutes of the proTaxes to be ceedings, specifying particularly the amount of tax voted by said meetings, and deliver the same, certified under their hands and seals, within ten days after such meeting, to the commissioners of primary schools, or any one of them, to be delivered by them or him to the clerk of the commissioners, and by him to be recorded in a book kept for that pur

certified.

Taxes, how assessed.

side the cities of

pose.

SEC. 12. And be it further enacted, That all tax to be voted by the citizens of any and every school district in said county, under and by virtue of this act, shall be levied on all the assessable property in said district, agreeably to the assessments of the last preceding county tax, excepting, nevertheless, the property assessed to and actually owned by free people of color.

Levy court to SEC. 13. And be it further enacted, That it shall be the duty of the assess a tax out- levy court of the county aforesaid, at their first meeting after the passage Georgetown and of this act, and in each succeeding year thereafter, when the annual Washington. county levy is made, to impose and levy a school tax of one eighth of one per cent. on all the assessable property of said county, without the limits of the cities of Washington and Georgetown, for the support of primary schools hereby authorized in said county, which tax shall be due at the same time, and shall be collected by the county collector in the same manner and under the same regulations and restrictions as are prescribed by law in relation to the collection of other county taxes, and which are hereby made applicable to the collection of the school tax imposed by this act, and when collected shall be paid to the treasurer of Treasurer of the levy court, who is hereby constituted and appointed treasurer of the primary school fund for said county, and who shall qualify by making oath or affirmation that he will well and faithfully discharge the duties required of him by law as treasurer of the school fund for said county, and not use the same to his own use or advantage, and he shall also give bond to the United States, with two good and sufficient sureties, conditioned for the faithful discharge of the duties required of him by this act, which bond, being approved by the commissioners of primary schools aforesaid, shall be filed with the clerk of the circuit court of the District of Columbia, who is hereby required to file the same without fee or reward, and a copy of the said bond, under seal of said court, shall be sufficient evidence of the making thereof.

school fund.

Trustees to purchase a site for, and build and repair school-house,

SEC. 14. And be it further enacted, That it shall be the duty of the trustees of each school district, whenever a district meeting shall have voted a sufficient tax for that purpose, to purchase a suitable site for their school-house, and to build, keep in repair, and furnish such school-house

employed.

with necessary fuel, books, stationery, and appendages; and it shall be and employ the further duty of the trustees aforesaid to agree with and employ all teachers. teachers to be employed in such district: Provided, That no teachers shall be employed by them who shall not have received the certificate Certified teachof approbation from the commissioners of primary schools aforesaid, as ers only, to be hereinbefore provided; and it shall be the further duty of the trustees to pay the salaries of teachers out of the apportionment of the school fund Salaries, how for their respective districts, which shall come into their hands through paid. the commissioners aforesaid, so far as the same shall be sufficient for that purpose.

Oath of trus

SEC. 15. And be it further enacted, That before the trustees of any school district shall enter upon the duties of their office, they shall each tees. take an oath or make affirmation before a justice of the peace of said county, or one of the commissioners of primary schools, who is hereby authorized to administer the same, that he will well and truly discharge the duties pertaining to his said office of trustee without prejudice or partiality; and it shall be the duty of the said trustees of each of said school districts, or a majority of them, to furnish, at the expiration of To furnish a their term of service, to the commissioners aforesaid, a correct statement statement of their money of all money transactions done by them in virtue of their office as trus- transactions tees of said primary school district. SEC. 16. And be it further enacted, That it shall be the duty of the Apportionment of school moneys commissioners of primary schools aforesaid to apportion all moneys and payment. which shall come into the hands of the treasurer of the school fund aforesaid, under and by virtue of the provisions of this act, after paying the salaries of the clerk of the commissioners and the treasurer of the school fund, for the use of primary schools aforesaid, as soon as may be after such moneys shall be received by the said treasurer, equally among the several school districts in said county, which shall have complied with the provisions of this act; and all moneys so to be apportioned by the commissioners, as aforesaid, shall be caused to be paid by them, according to such apportionment, to the trustees of the district to which such moneys shall be apportioned, as aforesaid, whose receipts therefor shall be good and sufficient evidence of such payment, which moneys, so to be received by the trustees, as aforesaid, shall be applied and expended by them, after the apportionment for the first year, in paying the salaries of the teachers to be employed by them, and for no other purpose: Provided, That no moneys apportioned, as aforesaid, except the apportionment made for the first year, shall be paid by the commissioners aforesaid, until the white taxable inhabitants, and the trustees of the district to which such moneys shall be apportioned, as aforesaid, shall have substantially complied with the provisions of this act; And provided further, That it shall not be lawful for the commissioners aforesaid to draw any moneys from the hands of the treasurer of the school fund aforesaid, after paying the salaries of the clerk of the commissioners and the treasurer of the school fund aforesaid, except by draft, in favor of the trustees of the school district to which such moneys shall be apportioned, as aforesaid; and all moneys which shall be apportioned by the commissioners, as aforesaid, and which shall remain unpaid for the space of two years thereafter, either from the omission or neglect of the trustees of the primary school district entitled to receive the same, to apply therefor, and to make the necessary certificates to entitle them to the same, or from any defect in such certificates, said moneys shall, after the expiration of said term, be added to the moneys next thereafter to be apportioned by the said commissioners, and shall be apportioned and paid together with such moneys, as aforesaid.

Provisos

Term of office

SEC. 17. And be it further enacted, That the trustees of each school district shall hold their office till their successors shall be elected and of trustees. qualified, and in case of vacancy such vacancy shall be filled by the

Vacancies.

remaining trustees within one month, and in case the said trustees shall fail to fill such vacancy within that time, then it shall be the duty of the commissioners of primary schools as soon as may be thereafter.

Penalty for SEC. 18. And be it further enacted, That if any trustee of any prifalse certificates mary school district shall make a false certificate or report, by means of trustees. whereof any moneys shall be fraudulently obtained from the commissioners aforesaid, such trustee signing such certificate or report shall forfeit and pay double the amount so fraudulently obtained to the commissioners of primary schools, to be recovered, with costs of suit, by action of debt before any court of justice, or any justice of the peace, having cognizance thereof, in the name of said commissioners; and such sum, exclusive of the cost of suit, shall be applied, when recovered, to the use of the primary school in such district.

Accounts of

SEC. 19. And be it further enacted, That the said trustees shall keep trustees, how to an account of their proceedings in a book kept for that purpose, and shall be kept. also keep an account against the district collector for the sums authorized to be collected, and for other sums paid into his hands, and shall give him credit for the sums legally paid by him, also for his legal commissions, and for such taxes as cannot be collected by legal steps and proper diliCollector to gence; and that said collector shall have the keeping of all moneys colkeep funds, sub- lected by him, and other sums paid into his hands, subject to the written ject to order. order of a majority of the trustees, drawn in favor of such persons having claims against said school, and he shall report to the trustees whenever required the amount of funds in his hands and a full statement of his accounts.

Trustees may

SEC. 20. And be it further enacted, That the trustees of any primary require payment school district in said county shall be, and they are hereby, authorized in from scholars. their discretion to require from any child attending school the payment of any sum of money not exceeding one dollar a month, to be applied to the payment of the expenses of said district school, and in the exercise of this power the trustees aforesaid may, from time to time, discontinue the payment thereof altogether, or may graduate the payments according to the ability of the children and the exigencies of the school.

Tax 1st.

Warrant to collector.

SEC. 21. And be it further enacted, That it shall be the duty of the trustees of each school district, whenever a district meeting shall have voted a district tax, as soon as may be, to make a rate bill or tax list, which shall raise the sum voted for, in due proportion on all the taxable property in such district, agreeably to the assessment of the last preceding county tax, and to annex to such tax list or rate bill a warrant, and to deliver the same to the collector of such district, which warrant shall be substantially as followeth :

COUNTY OF WASHINGTON, D. C., ss. Το collector of the district in the county aforesaid, greeting: You are hereby required and commanded to collect from each of the inhabitants of said district the several sums of money written opposite to the name of each of said inhabitants in the annexed tax list, and within sixty days after receiving this warrant to pay the amount of the moneys by you collected to the order of the trustees of said district, or a majority of them; and if any one or more of said inhabitants shall neglect or refuse to pay the same, you are hereby further commanded to levy on the goods and chattels of each delinquent, and make sale thereof according to law. Given under our hands and seals this day of A. D.

P.)
Q, Trustees.
R,

And if the sum or sums payable by any person named in such tax list or rate bill shall not be paid by him or collected by virtue of said war

rant within the time therein limited, it shall be lawful for the trustees, aforesaid to renew such warrant in respect to such delinquent person or persons.

SEC. 22. And be it further enacted, That it shall be the duty of the trustees of each district to make a report to the commissioners of primary schools on or before the thirty-first day of December, in each year, in which report shall be stated the sums received from different sources, the amount expended, and in what manner, the number of children taught in said school, and, as far as can be ascertained, the whole number of white children in said district between the ages of five and sixteen years.

Report of trustees to com

missioners.

Bond of col

His fees.

SEC. 23. And be it further enacted, That the collector of each school district shall give bond with security, to the satisfaction of the trustees, lector. for the faithful discharge of the duties of his office, and shall have the same power and authority, and have the same fee for collecting, and be subject to the same rules, regulations, and duties, with respect to the collection of the district tax as by law appertain to the office of collector of the county tax; and the said county collector may be eligible as the school district collector.

Each organized school district

to be a corporation.

SEC. 24. And be it further enacted, That each organized school district shall be a corporation by the name of Primary School District No. -, (the blank to be filled with an appropriate number,) with power to take and hold by devise, bequest, and donation, real and personal estate, May receive for the use of the primary school in said district, and may alien and sell donations and the same, when, in the opinion of the trustees and resident commissioner bequests. of said district, it will be for the interest and advantage of the primary care thereof. Disposition and school in said district, and invest the money arising from the sale in some safe and profitable stock, and the dividends received from the same apply to the use of such primary school, and in their corporate name prosecute and maintain actions for injury done to the grounds, houses, property, school-houses, appurtenances, and furniture, and may sue for and receive all moneys due them, or for real and personal property to which they may be entitled.

SEC. 25. And be it further enacted, That when any land in any school Collection of district in said county may become charged for the payment of any taxes, where perschool tax, and the collector of the tax can find no personal property in cannot be found sonal property said district liable for, or chargeable with, the payment of the same, the out of the land said collector shall be, and is hereby, directed and required to return to charged. the trustees of the said district, at such time or times as the said trustees shall direct or require, a list of such lands and the amount of taxes thereon respectively due, and the names of the persons respectively chargeable with the payment of the same, and the said trustees shall thereupon have and exercise, in relation to said lands, all the powers which might or could be exercised by the levy court of said county in like cases, and the collector of said school district shall have the same powers and authority, and be subject to the same rules, regulations, and duties in the premises as by law appertain to the office of the collector of county charges in like cases.

Land may

a school-house.

SEC. 26. And be it further enacted, That in case the trustees of any school district should not be able to purchase or lease a suitable site for be taken, by the erection of their school-house, they shall have power to value and force of law, for assess a convenient lot, with the improvements thereon, if any, not exceeding one acre of land, for that purpose, and the decision of the said trustees as to the worth of the said land and improvements, if any, shall be final and conclusive, unless an appeal shall be prosecuted as hereinafter provided, and the amount of damage for the land and improvements, if any, so valued and assessed, as aforesaid, being paid or offered to be paid to the person or persons entitled to receive the same, of which payment or offer to pay a certificate, signed by a majority of the said

Compensation of owner. After payment, or offer to pay, the title of the

land to pass.

Appeal to jury

trustees, and recorded among the land records of Washington county, or a copy of such record duly certified and sealed shall be sufficient evidence; the said trustees, in their corporate character, shall be thenceforward considered the lawful owners of the said land and improvements, if any, and all right, title, estate, and interest therein, at law or in equity, shall be vested in them for the purpose aforesaid: Provided, however, That if the owner or owners of the said land and improvements, if any, his, her, or their guardian or guardians, trustee or trustees, shall conceive him, her, or themselves aggrieved by such valuation and assessment, and shall, within thirty days after the payment of the valuation so offered, as aforesaid, notify to the said trustees the same in writing, it shall and may be lawful, and it shall be the duty of the said trustees, or a majority of them, to issue their warrant to the Marshal of the District of Columbia, commanding him to summon a jury of six freeholders of the school district, not interested in the matter, to appear, on a day by the said trustees to be appointed, on the premises, and any one of the said trustees, or any justice of the peace of the said county, is authorized to administer an oath or affirmation, as the case may be, to each and every person so summoned, as aforesaid, that he will, without favor, affection, partiality, or prejudice, assess the damages sustained by the person or persons at whose request the said inquisition shall be taken, by reason of his, her, or their land and improvements, if any, about to be made, as aforesaid, and the person so summoned and qualified, as aforesaid, shall thereupon proceed to value and assess the damages Costs on such accordingly: Provided, That if such appeal from the assessment and appeal. valuation of the said trustees be confirmed by the jury herein directed to be summoned and qualified, as aforesaid, or should the same be reduced to a lower rate of valuation and assessment by the said jury, the party appealing in that case shall pay the whole expense incurred thereby, otherwise, the trustees, in their corporate character as such, shall pay the expense incurred by reason of such appeal.

When there is

tle of the land to pass.

SEC. 27. And be it further enacted, That the said trustees or the said jury, as the case may be, immediately after they shall have completed their valuation and assessment or inquisition, as aforesaid, and done all things required of them or either of them, as the case may be, under the provisions of this act, shall make out a fair statement of their proceedings, setting forth in the same a full and distinct description of the land or real estate and improvements, if any thereon, as valued by them or either of them, as the case may be, and all matters and things connected with the said valuation and assessment, and the performance of the duties required of them by this act, and to the said copy, fairly to be written out as aforesaid, they shall subscribe their names, and thereunto affix their seals, and they shall deposit the same in the office of the clerk of the circuit court of the District of Columbia, and it shall be the duty of the said clerk to preserve a record of the said proceedings without fee or reward; and a copy of such record, certified by the said clerk under the seal of the said court, shall be evidence of all matters therein stated, in the same manner as certified copies of other records are evidence.

SEC. 28. And be it further enacted, That in the event of an appeal and an appeal and the inquisition of a jury as provided by this act, the amount of damages payment, the ti- for the land or real estate and improvements so valued and assessed as aforesaid, being paid or offered to be paid as aforesaid, the said trustees, in their corporate character as aforesaid, shall thenceforward forever thereafter be considered the lawful owner of the said land and improvements as aforesaid, and all right, title, interest, and estate therein, at law or in equity, shall be vested in the said trustees for the purpose aforesaid: Proviso as to Provided, that it shall not be lawful to locate the said site within the cultivated fields, orchards, or gardens, nor within three hundred yards of any dwelling of any person or persons whatever, without the assent of

sites.