school moneys, school tax. Said County Superintendent of Schools, Balance of upon receipt of such notice, shall divide between said how divided. districts that portion of the balance arising from the state appropriation, state school tax and interest of the surplus revenue on the basis of the aggregate number of days attendance of pupils in the public schools as ascertained from the last published report of the State Superintendent of Public Instruction, and shall divide between said districts that portion of said balance arising from district school tax on the basis of the respective ratables of said districts, and shall issue an order in favor of the custodian of the school moneys of such new district for that portion of said balance found to be due said district from the district from which it shall have been set off. of school dis ing. 35. Whenever a township, incorporated town or bor- Consolidation ough school district shall desire to consolidate with an tricts. adjoining township, incorporated town or borough school district, the board of education of said district shall petition the County Superintendent of Schools of the county in which said district shall be situate, to appoint a time when meetings of the legal voters of the districts proposed to be consolidated shall be held, and said County Superintendent of Schools shall, upon receiving said petition, appoint a day for said meetings, and shall notify the board of education of each of said districts of his action. Each board of education receiving such notifica- Public meettion shall cause its district clerk to post notices calling a special meeting of the legal voters of the district for the purpose of voting on the question of the consolidation of said districts. Said meeting shall be called in the same manner as other special meetings, and shall be held on the day designated therefor by the County Superintendent of Schools, at such hour and place as may be determined by the board of education. The election shall Election, be by ballot, and the chairman shall appoint two tellers who shall receive and count the ballots in the presence of the chairman of the meeting. The secretary of the meeting shall keep a poll list and shall record therein the name of each person voting at such meeting, and shall also keep a tally sheet of the votes as counted by the Board of education in consolidated district. Proviso. Proviso. tellers. The tally sheet shall be signed by the chairman 36. The board of education of each district consolidated in the manner provided in the preceding section shall, upon receipt of the notice from the County Superintendent of Schools of such consolidation, select by lot four of its number to serve as members of the board of education of the consolidated district, and the eight members so selected shall select the ninth member of said board from among the remaining members of the board of education of that district which shall employ the greater number of teachers; provided, that if the board of education of one of the districts so consolidated shall consist of but three members, all of said members shall be members of the board of education of the consolidated district, and four members of said board shall be chosen as hereinabove provided from the board of education of the other district so consolidated; and provided further, that if each of said boards of education shall consist of three members only, said boards shall constitute the board of education of the consolidated district, and the board constituted as hereinbefore provided shall serve until the next annual meeting for the election of members of boards of education, and the terms of office of the remaining members of the board of education of each of said dis tricts so consolidated shall thereupon cease and determine. At said annual meeting a board of education shall be elected as provided for the election of members of boards of education in new districts. 37. The board of education of such consolidated dis- Board of education a body trict shall be a body corporate and shall have all the corporate. powers and duties and be subject to the same restrictions as a board of education in a township school district, and shall be known as and called "the board of education of the of (here insert the name of the municipality in which was situate that district consolidated as aforesaid which had the larger amount of taxable property as ascertained from the last published report of the State Comptroller), in the county of "" 38. In case any township, city, incorporated town or borough shall hereafter become a separate school district, or in case two school districts shall consolidate as hereinbefore provided and form one school district, the board of education of such district, in its corporate capacity, shall become vested with the title to all school property real and personal in such district, and if, for the erection, repair or purchase of any such property, there shall be an indebtedness for which the board of education of the school district to which said property originally belonged shall be liable, the said indebtedness shall be assumed by and become the obligation of the board of education of the school district which shall have become vested with the title to such property, and upon payment of said indebtedness by the school district originally liable therefor, an action may be maintained therefor by the board of education so paying the said indebtedness against the board of education of the school district which shall have become vested with the property for which the said indebtedness was originally incurred. (a) (a) When a new borough is formed and set off from a township, and becomes a separate school district, and there is within the limits of the borough a school-house belonging to the board of education of the township, and for the erection of which there is an indebtedness for which said board is liable, the said board is not thereby discharged from its legal liability to pay such indebtedness, but on being compelled by suit and judgment at law to pay the same, is entitled to collect the sum so paid from the board of education of the borough. McCully v. Ridgefeld, 34 Vr. 18. erty in consoli Title to propdated district. Assumption of ndebtedness. Repayment of indebtedness. Length of school term. Proviso. Proviso. 39. In case any borough, township, incorporated town or other municipality or any part thereof shall have been annexed to another municipality and there shall be within the limits of such borough, township, incorporated town or other municipality, or such part thereof as shall have been annexed to another municipality as aforesaid, any school-house or property formerly belonging to the board of education of such borough, township, incorporated town or other municipality, and for the erection, purchase, furnishing or repair of which there shall be an indebtedness for which the board of education of such borough, township, incorporated town or other municipality shall be liable, the said indebtedness shall be assumed by and become the obligation of the board of education of the municipality to which such borough, township, incorporated town or other municipality shall have been annexed. 40. Whenever the board of education of any township, incorporated town, borough or other municipality shall pay any portion of an indebtedness existing at the time of the formation of a new township, incorporated town, borough or other municipality, or at the time of the annexation of such township, incorporated town, borough or other municipality, or part thereof, to another municipality as aforesaid, which indebtedness shall have been assumed by and shall have become the obligation of the board of education of such new township, incorporated town, borough or other municipality, said last-mentioned board shall repay to the board of education of said firstmentioned township, incorporated town, borough or other municipality the amount of said payment, with interest. 41. The state appropriation and the state school tax shall not be apportioned in any year to any district which shall not have maintained a public school for at least nine months during the preceding school year; provided, that the State Superintendent of Public Instruction may, for good cause shown, remit said penalty; and provided further, that said appropriation and said state school tax shall be apportioned to a new district, or to a district in which the school shall have been discontinued on account of the repairing of an old, or the erection of a new school building. ARTICLE VI. BOARDS OF EDUCATION IN CITY SCHOOL DISTRICTS. 42. In each city, the mayor or other chief executive Board of education appointed cfficer of such city shall, during the month of December, by the mayor. next after the acceptance of the provisions of this section, as is hereinafter provided, appoint nine persons to be members of the board of education of such city school district, who shall severally possess the qualifications for said membership prescribed in this article. Three of Term. such persons shall be appointed to serve for one year, three for two years and three for three years, and annually thereafter, during the month of December, the said mayor or other chief executive officer of such city shall appoint three members of said board of education to serve for the term of three years, to take the place of those members whose terms shall expire in such year. Any vacancy in such board of education shall be forth- Vacancy, how with reported by the secretary of said board to the mayor or other chief executive officer, who shall, within thirty days thereafter, appoint a person to fill such vacancy for the unexpired term. To every such appointee, as aforesaid, said mayor or other chief executive officer shall issue and deliver a certificate of appointment. The term of office of a member of the board of education, except a member appointed to fill an unexpired term, shall begin on the first day of January next succeeding his appointment. filled. tion elected. 43. In each city, there shall be elected at the first Board of educ municipal election held in such city next after the acceptance of this section as hereinafter provided, nine persons to be members of the board of education of such city school district, who shall severally possess the qualifications for said membership prescribed in this article. Three of such persons shall be elected to serve for one Terw year, three for two years and three for three years, and thereafter, at the regular municipal election in such |