voting therein, and delivered to the commissioners, commissioners returned, etc. What provisions etc. some of them, appointed to superintend the election at each place of voting, before seven o'clock A. M., of the day on which the election is held. The county court of County court, each county, and the proper court or other tribunal of etc., to appoint each city, shail, before every election to be held under of election. the provisions of this chapter, appoint three commissioners at the court house, and the like number for each place of voting in the county or corporation at which a poll is to be taken, to superintend the said election, and the said election shall be superintended, conducted and returned, How election and the result thereof ascertained, in all respects as is superintended, provided for by law in regard to the election of county and district officers; and all the provisions of the law in regard to general elections shall, as far as applica- of law to govern, ble, govern and apply to elections held under the provisions of this chapter. The county superintendent of County superintendent free schools shall, immediately upon receiving the certifi- to send notice Pate of his election from the commissioners at the court of his election to state superinhouse, forward a written notice thereof to the state super- tendent; when. intendent of free schools. In case of a tie in the vote for members of the board of education, the county superin- members of tendent of free schools shall give the casting vote; and in board of case of a tie in the vote for a county superintendent of determined. free schools, the presidents of the several boards of edu- Tie vote for cation in the county shall, at a meeting called for that pur- tendent; how pose, at the court house of the county, by the clerk of the county court, not less than six nor more than twelve days after the result of such election is ascertained, appoint one of the persons receiving the highest number of votes for said office at the said election, as county superintendent of tree schools; who shall give notice, as aforesaid to the state superintendent of his appointment. such meeting shall be made out by the clerk of the county meeting. court, and served upon each president of a board of education in the county, at least three days before the day of such meeting, by the sheriff or other officer, to whom the Tie vote for education; how county superin determined. A notice of Notice of such written, etc., thereon. make levy and same may be delivered to be served. The ballots used at Ballots for levy; said election shall also have written or printed thereon the what to have words, For school levy," or "Against school levy," as the voter may choose, and it a majority of the ballots cast upon that question in a district, have written or printed thereon " For school levy," it shall be the duty of the when board of board of education to make the levies required by the education to thirty-eighth and fortieth sections of this chapter, for each when not to. year during its term of office, but if a majority of the ballots cast in a district have written or printed thereon "Against school levy," no levy shall be made by said board for the year next succeeding. But it shall be the Board to again duty of said board to cause a special election to be held on the same day in the following year at which the question of levy, or no levy, shall in like manner be again sub submit question of levy or no levy; when. mitted to the people for their decision, and if a majority of the ballots cast at such special election be "For school levy," such levy shall be made as herein before required. Of every such special election the clerk of the board of given of special education of the district shall give notice, by posting the same at each place of voting in the district, at least ten days before the day on which the same is to be held. Notice to be election for levy. Penalty on commissioner of election for 3. Any person who may act as commissioner of any election, held under any of the provisions of this chapter, misconduct, etc. who shall willfully reject the vote of any person entitled to vote at said election, or receive the vote of any person not so entitled, or who shall knowingly make any false return of the result of any such election, or of any poll beld at any place of voting, shall be guilty of a misdemeanor, and fined not less than fifty dollars, and imprisioned not less than twenty days. Trustees; number of; when and how appointed. Appointment of Trustees and Fillings of Vacancies. 4. At the meeting of the district board of education, held on the first Monday in July, 1881, they shall appoint three intelligent and discreet persons, as trustees for each sub-district in their district, one of whom shall be apFor what time. pointed for one year, one for two years, and one for three years; and the board of education shall thereafter annually appoint one trustee, who shall hold his office for three years; and the said trustees shall hold their respective of fices until their successors are appointed and qualified. One to be appointed ADDually. Term of office. Vacancies; how filled. Boards of Education; first meeting of; when held. What to do. er's certificate 5. Vacancies in the office of school trustee, shall be filled by the board of education for the unexpired term; and in the board of education, by the county superintendent of free schools, for the unexpired term. The First Meeting of Board of Education; When Held; 6.. The boards of education of the several districts shall hold their first meeting for each school year on the first Monday in July. At this meeting they shall determine the number of months the school shall be held in the district, the number of teachers that may be employed in the several sub-districts, and fix the salaries that shall be paid Grade of teach- to the teachers. In determining the salaries they shall have regard to the grade of teachers' certificates, fixing to each grade the salary that shall be paid to teachers of said Trustees not to grade in the several sub-districts, and the trustees of the exceed salary so several sub-districts shall, in no case, transcend the salaries so fixed in any contract they may make with teachers, A quorum of the board of education shall consist of a majority of the members thereof; and in the absence of president; who the president, one of said members may act as such; but they shall do no official business, except when assembled to determine salary. fixed. Quorum of board Absence of to act. business secretary may when. board. as a board, and by due notice to all the members, except To do no official that the president and secretary, may sign orders upon except, etc. the sheriff for any sums of money, which may have been President and already ordered to be paid. The members of the board of sign orders; education shall each receive, as compensation for his ser- Compensation vices, the sum of one dollar and fifty cents per day, to be members of paid in a like manner as the salary of the clerks of the How paid. board of education; Provided, That no member shall re- Amount ceive pay for more than four days' service in any one year. limited. Board of Education a Corporation, and as such Succeed to the Rights, etc., of District Boards of Education. 7. The board of education of each district shall be a Board a corporcorporation by the name of "the board of education of in the county of -," and as ation. board. the district of such may sue and be sued, plead and be impleaded; and Powers of such as such corporation, shall succeed and be substituted to all the rights of the former township and district boards of education, and may prosecute and maintain any and all suits and proceedings now pending, or which might have been brought and prosecuted in the name of any such former board of education for the recovery of any money, or property, or damage to any property due to or vested in such former board. The said board shall also be liable Liability of. in its corporate capacity for all claims legally existing against the board of education of which it is successor. Said board shall receive, hold and dispose of according to Further powers the rules of law and the intent of the instrument confer- of board. ring title, any gift, grant, devise, or bequest, made for the use of any free school, or schools under their jurisdiction; and without any transfer or conveyance, shall be deemed the owner of the real and personal property of their district, and the property of the former township or district. for which their district was substituted. Process and no- Process, etc.; tice may be served on said corporations by delivering a copy thereof to the secretary, or any two members of the board. And all suits or proceedings now pending in any Certain suits, of the courts of the state, in the name of the board of ed- etc., now penducation of any district for any demand or claim in favor board,etc., made of the board of education of any township or district, are hereby made valid. Secretary of the Board-His Duties and Compensation. how servered. ing in name of valid. appointed 8. The board of education, at their first meeting after Secretary of their election, shall appoint a secretary, who shall not be board; when. a member of the board, and who shall attend all meetings His duties. of the board, and record their official proceedings in a book kept for that purpose, which record shall be attested by his signature and the signature of the president of the board, and which shall, at all seasonable times, be open to the inspection of any person interested therein; he shall 23 Acts. have the care and custody of all papers belonging to the board containing evidence of title, contracts or obligations, or being otherwise valuable, and preserve the same in his office, properly arranged for reference, and shall record and keep on file in his office such papers and documents as the board or the law may direct. He shall keep such accounts and prepare and certify such reports and writings pertaining to the business of the board, as the board or law may direct. He shall publish within three days after any meeting of the board of education, an abstract of the proceedings thereof by posting the same at the front door of the place of meeting. He shall within ten days certify to the county superintendent of free schools, the amount levied for school purposes upon each one hundred dollars valuaCounty superin- tion of property in his district, and said superintendent shall, within twenty days, certify to the auditor, the amount levied for school purposes upon each one hundred dollars' value of property in his district. He shall also Clerkanthorized have authority to administer oaths to school officers in all cases where they are required to take an oath as such. Compensation For his service as secretary he shall receive such compensation as the board may determine, not exceeding fifteen dollars per year, to be paid out of the building fund by an order drawn by the county superintendent, when after an examination by said superintendent of said secretary's books, they are found to be correct. tendent to certify to auditor school levies; when. to administer oaths. of clerk. How paid and when. Boards of education; powers and duties of. To determine number, etc., of schools. Change bounda ries, etc, of snb-districts. What to have regard for. order shall not be drawn until the secretary shall have made his annual report to the county superintendent as hereinafter provided. Powers and Duties of Boards of Education- What Schools to be Kept, and Who may Attend Them. 9. The boards of education shall have general control aud supervision of the schools and school interests of their districts; they may determine the number and location of the schools to be taught; change the boundaries of their sub-districts, and increase and diminish the number thereof, having due regard for the school houses already built, or sites procured, assigning, if practicable, to each sub-district not less than forty youths, between the ages of six and twenty-one years; Provided, That every village consisting of fifty inhabitants, or more shall be included in one sub-district; And provided further, That no change in When change in in any sub-district, shall take effect, except immediately to take effect. after the annual apportionment of the general schcol When village is fund. When such village as is mentioned in this section is divided by district or county lines, the said village shall etc.; what then. be included in the sub-district, to be under the supervision of the board of education of the district to which the largest division of its territory is attached, and said board Proviso, as to villages of Afty inhabitants. sub-district divided by district lines," District and sub-district lines to be defined and county appeals. contain. shall define and enter of record in the office of their secre- entered of record. tary the several district and sub-district lines. Any person aggrieved by any decision of the board of education, changing the boundaries of a sub-district, or increasing, or diminishing the number of the sub-districts in their district, under this section, may appeal therefrom to the Appeal to county superintendent of schools, and have the same cor- superintendent; rected, if erroneous. Every such person shall present to in what cases, the county superintendent his petition, signed by himself Petition in such and at least five other residents of the sub-district, stating What to the action of the board complained of, and the grounds of the appeal; and the county superintendent shall thereupon fix a time and place, for the hearing of the appeal, and Time for hear cause a notice thereof to be served upon the president or Notice. secretary of the board of education, at least five days before the hearing. If, upon hearing the proofs and allega- County supertions of the parties, the superintendent be of the opinion intendent may that the action of the board complained of was illegal or reverse action of improper he shall reverse or correct the same, otherwise the said action shall be affirmed. ing appeal. board or affirm same; when. cient schools in trustee to em employ. Who may 10. The board of education shall cause to be kept in Board to cause every sub-district of their district, by a teacher or teach- to be kept suthiers of competent ability, temperate habits and good mor- every als, a sufficient number of primary schools for the instruc- sub-district. tion of the persons entitled to attend the same, and should the trustees of any sub-district neglect or fail to employ Failure of a teacher for their sub-district, upon complaint thereof, it ploy teachers, shall be the duty of the board of education to do so. The board to following persons when residing in a sub-district, with intent to make such sub-district their home, shall have a right to attend and receive instruction at the primary attend school. schools thereof, that is to say: Every youth between the ages of six and twenty-one years, shall have such right; and any other person wishing to receive instruction at Who to pay any free school in this state, shall have a right, with the assent of the trustees, to attend such school, and the teacher or teachers there employed shall give instruction to such person the same as is required by law for other persons, upon the payment of tuition fees, not to exceed one dollar and fifty cents per month for each pupil, and upon such other terms as the trustees of the sub-district may prescribe. Said tuition fees shall be paid in advance To whom paid to the sheriff, who shall give his receipt therefor, and disposed of. place the amount to the credit of the teacher's fund of said district. Branches of Learning to be Taught. fees. and how 11. In the primary schools there shall be taught, what to be orthography, reading, penmanship, arithmetic, English taught. grammar, history, geography and such other branches as the board of education may direct. |