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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
Bond of col
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.
to be a corpora
SEC. 24. And be it further enacted, That each organized school dis- Each organized trict shall be a corporation by the name of Primary School District No. school district -, (the blank to be filled with an appropriate number,) with power to tion. 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 district in said county may become charged for the payment of any taxes, where personal property school tax, and the collector of the tax can find no personal property in cannot be found 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.
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 improve- Compensation ments, if any, so valued and assessed, as aforesaid, being paid or offered of owner. 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
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
the proprietor of such field, orchard, garden, or dwelling, as the case may be.
urers or collect
SEC. 29. And be it further enacted, That if any treasurer or collector, Collection of having any school funds in his hands, or neglecting or refusing to obtain funds from treassuch funds as by law authorized and directed, shall refuse to pay for two ors. weeks any order of the said commissioners or trustees, or a majority of either, drawn in conformity to the requisitions of this act, such treasurer or collector shall be liable, on proof thereof before any court of justice or justice of the peace having cognizance, and without stay of execution, to pay the full amount of said order and interest thereon at the rate of twenty per cent. per annum from the first refusal until the day of payment, by way of damages.
more than is due.
SEC. 30. And be it further enacted, That if any collector, appointed or Remedy when acting under the provisions of this act, shall in any case collect more than collector collects is due, the person aggrieved shall have his remedy against such collector by suit or warrant, and if he recover he shall have judgment for double the amount improperly and unjustly extorted from him, and costs.
SEC. 31. And be it further enacted, That the levy court of Washington of Washington Levy court county shall exercise a general supervision over the proceedings of said county to have commissioners, may examine their books and papers, and shall prosecute supervising for any delinquencies or violations of their duty; and the said commis- power over comsioners shall exercise the same power over the proceedings, books, and papers of the trustees in the several school districts, and shall prosecute for all violations of this act by them committed.
powers of trus
SEC. 32. And be it further enacted, That the trustees of the several Disciplinary school districts shall have the power of exercising discipline in their re- tees in schools. spective schools, by the expulsion of the refractory pupil, or such other punishment as may be necessary to correct the evil, and carry out the great ends of education, moral and intellectual; and they may permit School-houses any of the said school-houses to be used for public worship. may be used for public worship. SEC. 33. And be it further enacted, That any resident in said county Residents may shall be privileged to place his or her child or ward at any one of the send children to schools in said county she or he may think proper to select: Provided, schools There shall have been a school established and actually in operation in Proviso. the district in which such persons so to be privileged shall reside, and that all the provisions of this act shall have been substantially complied with by said district.
any of the
No member of
be a commission
er or trustee, and no person to hold
both those of
This act to be
SEC. 34. And be it further enacted, That it shall not be lawful for a member of the levy court of said county to be a commissioner of primary the levy court to schools or trustee of any of the school districts, nor for any person to be at the same time commissioner and trustee as aforesaid. SEC. 35. And be it further enacted, That this act be, and the same is hereby declared public and remedial, and shall be construed by all courts of justice according to the equity thereof, and no proceedings of the in- construed remehabitants or of the trustees of any school district, or of the commissioners dially. of primary schools, or of any other officer created under the provisions of this act, shall be set aside or adjudged to be void for defect of form or for any irregularity therein, so as the requisitions of the said act are substantially complied with.
bounds of the
SEC. 36. And be it further enacted, That so soon as the commissioners Written report shall have laid out the school districts, as provided for in the third section of the metes and of this act, they shall make a written report to the levy court, defining districts. the metes and bounds of said districts, and it shall be the duty of said levy court, within two months after the filing of said report, to designate a day and appoint a place, within each of said districts, for the people of that district to assemble and determine by ballot whether they will for them- to vote selves accept this act. The court aforesaid shall appoint three taxable inhabitants in each district to superintend the voting, who shall open a poll at nine o'clock, A. M. and keep it open till five, P. M. The qualiVOL. XI. PUB.-6
cepting this act.
Act not to ap
fied voters shall be those persons residing and paying taxes within the limits of the district in which the poll is opened. Those who are for this act, shall write on their ballots "school," and those opposed, no school." It shall be the duty of the superintendents of the voting to make immediate return of the votes cast to the levy court, and if it shall appear that a majority have voted "school," the said court shall proceed, with as little delay as possible, to levy and cause to be collected the taxes as is provided for in this act, and this act shall be considered as in force within the limits of that district.
SEC. 37. And be it further enacted, That if any of the school districts ply to a district reject this act, by casting a majority of votes against it, the act shall in rejecting it. Bat a second ballot nowise apply to that district; but if at any time a majority of the taxable inhabitants of said district shall desire to take a second ballot it shall be the duty of the levy court again to submit the question in the manner pointed out in the last preceding section. APPROVED, August 11, 1856.
may be had.
Aug. 11, 1856. CHAP. LXXXVII.-An Act to provide for carrying into Effect the first Article of the Treaty between the United States and her Majesty the Queen of the United Kingdom of Great Britain and Ireland of the fifteenth day of June, eighteen hundred and forty-six.
Officers pointed to run
Be it enacted by the Senate and House of Representatives of the United ap- States of America in Congress assembled, That, for the purpose of carrythe boundary ing into effect the first article of the treaty between the United States line under treaty and her Majesty the Queen of the United Kingdom of Great Britain and with Great Bri- Ireland of the fifteenth day of June, one thousand eight hundred and 1846, vol. ix. p. forty-six, there shall be appointed by the President of the United States,
tain of June 15,
Secretary and clerk.
by and with the advice and consent of the Senate, a commissioner, and chief astronomer and surveyor, to unite with similar officers to be appointed by her Britannic Majesty's government; and there shall be appointed by the President an assistant astronomer and surveyor.
SEC. 2. And be it further enacted, That the said commissioner shall have power to appoint a secretary; and the said chief astronomer and surveyor shall have power to appoint a clerk.
Appropriation SEC. 3. And be it further enacted, That, for the purpose of carrying for pay and support of said offi- into effect the said first article of the said treaty, there be appropriated, cers, and for con- out of any money in the treasury not otherwise appropriated, the followtingencies. ing sums :
Boundary of Washington ter
For the salary of the commissioner for one year, three thousand dollars.
For the salary of the assistant astronomer and surveyor, eighteen
For the salary of the clerk, for one year, twelve hundred dollars. For provisions, transportation, and contingencies, sixty thousand dollars.
SEC. 4. And be it further enacted, That until otherwise provided for ritory only to be by law, the proceedings of the said commission shall be limited to the demarcation of that part of the said line of boundary which forms the boundary line between Washington Territory and the British pos
Officers, &c., and vessels of coast survey may be em
ployed to assist.
SEC. 5. And be it further enacted, That, for the purpose of aiding in the demarcation of the said line, the President be authorized, in his discretion, to direct the employment of such officers, assistants, and vessels attached to the coast survey of the United States as he may deem necessary or useful.
APPROVED, August 11, 1856.
CHAP. CXVIII.-An Act to authorize and direct the Settlement of the Account of the Bank Aug. 16, 1856. of the State of Missouri for Money advanced for the Subsistence and Transportation of Volunteers.
Account of the
ted and settled.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Department be and they are hereby authorized Bank of Missouri for moneys adand directed to audit the account of the Bank of the State of Missouri vanced to volunagainst the United States, for moneys advanced in the year eighteen hun- teers to be audidred and forty-six, for subsistence and transportation of certain companies of volunteers which, by order of General E. P. Gaines, assembled at St. Louis, Missouri, in the months of May and June of that year, with the view of being mustered into the service of the United States, in the same manner as if the said companies had been regularly received into the said service; and that the balance which may be found to be due to the said bank be paid out of any money in the Treasury not otherwise appropriated: Provided, That the amount herein authorized to be paid shall not exceed the sum of six hundred and sixty-three dollars and seventy-eight cents, and that the account be sustained by such vouchers as are required in similar cases.
APPROVED, August 16, 1856.
CHAP. CXIX.—An Act to alter the Time for holding the District Court in South Caro- Aug. 16, 1856. lina, and for other Purposes.
in S. Carolina. 1824, ch. 145.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act of Time and Congress, passed the twenty-fifth May, eighteen hundred and twenty- place of session four, as provides for holding the district court of the United States at of District Court Laurens court-house, South Carolina, on the Tuesday next ensuing after the adjournment of the circuit court of the United States at Columbia, be and the same is hereby repealed; and that in place thereof the said court shall be holden at Greenville court-house, South Carolina, on the first Monday in August in each year.
to be drawn.
SEC. 2. And be it further enacted, That the jurors for the said court, grand as well as petit, be drawn from the inhabitants of Greenville dis- Jurors therefor, trict, South Carolina, who are or may be liable, according to the laws of how and whence South Carolina, to do jury duty in the courts of law in the said State; and that the jurors to be drawn for the first term of the said court shall be drawn at the term of the district court to be holden in the city of Charleston: Provided, That they shall be drawn at least ninety days previous to the time appointed for holding the said court at Greenville; but from and after the holding of the first term of the said court, all jurors for the next succeeding term shall be drawn at Greenville during the sitting of the said court.
District Court at Greenville to
SEC. 3. And be it further enacted, That the said district court for Greenville, in addition to the ordinary jurisdiction and powers trict court of the United States, shall have jurisdiction of all causes (ex- have Circuit cept appeals and writs of error) which now are or may be hereafter made Court jurisdiccognizable in a circuit court of the United States, and shall proceed in the same manner as a circuit court.
APPROVED, August 16, 1856.
CHAP. CXX.—An Act to reimburse the State of Vermont the Expenses incurred by her in Aug. 16, 1856. paying her Militia called out in eighteen hundred and thirty-eight and eighteen hundred and thirty-nine to preserve the Neutrality of the Country.
Be it enacted by the Senate and House of Representatives of the United Reimbursement States of America in Congress assembled, That the Secretary of the to Vermont of Treasury be and he is hereby authorized and directed to pay to the certain expenses in preserving State of Vermont, out of any moneys in the treasury not otherwise ap- neutrality.