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shall be canvassed by a canvassing board composed of the judges of election in the elections held in the said several districts, said canvassing board shall meet at the place where said election was held in the district where the high school site is located, and the name receiving the highest number of votes cast in all the districts shall be adopted as the name of the district, likewise the person receiving the highest number of votes cast for the office of director at large shall be declared elected. On the date of the annual school election next ensuing, after such first election of such board of education, the electors of such high school district, in the manner hereinbefore provided, shall elect the members of said board of education; onehalf of the total members less one, to represent the district or districts nearest the high school site, to be elected for one year; onehalf of the total members less one, to represent the district or districts most distant from the high school site, for two years; and one at large, or if there is no member at large necessary to make an odd membership, then the remaining member of the board to represent the remaining district, for three years; all to serve from the second Tuesday in July next following their election; and thereafter the terms of office of each shall be three years. And at the expiration of the term of each of the said directors so elected, each district so represented, shall elect a member from such district for a term of three years at the annual school election. Provided that in the year in which the term of office of a director at large expires, if there be such director at large, that such director shall be elected at the annual school election held in the several districts, and the votes of such election shall be canvassed as hereinbefore provided for at the election for choosing the name for the district.

(3) Such high school board of education shall appoint a clerk and a treasurer for such high school district, who shall perform the functions and duties of such officers in special school districts in this state. The treasurer shall give a bond to the board as provided in Section 1256, and the funds of the high school district shall be deposited in depositories designated in the manner provided by law for designation of depositories in other school districts in this

state.

(4) The high school board of education herein provided for shall, in the management and control of said high school, have all the powers and duties vested in boards of education in special school districts for the management and control of high schools in such special districts. Such board of education shall have the power to levy an annual tax upon the taxable property within such high school district for the purpose of establishing and maintaining such high school, but such annual tax levy shall not exceed four (4) mills upon each dollar of assessed valuation in such high school district. Such tax levy shall be made and certified, the taxes spread, collected and paid over to the treasurer of the high school district in the same

manner as now provided by law in the case of other school districts. Said board of education may call elections to determine on the question of issuing bonds of the high school district for the purpose of erecting buildings, marking additions thereto, or for any other purpose for which bonds may be issued by a special school district, and the statutes relating to issuance and sale of bonds of special school districts are hereby made applicable to such high school district. The board of education shall have power, and it shall be its duty, to arrange for the transportation of pupils to and from such high school in the manner provided by law in the case of consolidated schools. The high school district herein provided for shall be a public corporation and may sue or be sued in its corporate name, and in such name may acquire, hold and use personal and real property for school purposes, and may contract and be contracted with. The board of education shall adopt a corporate seal for said district.

(5) Any de-facto high school district heretofore irregularly organized under Sections 1192, 1193, and 1194 of the Compiled Laws of North Dakota for 1913, shall be validated, and within twenty days after the passage of this act a special election shall be called to elect a board of education in the manner provided by Subdivision (2) hereof, and thereafter such high school district shall be governed according to the provisions of this act.

Approved, March 4, 1927.

CHAPTER 245

(S. B. No. 213-Seamands)

HIGH SCHOOL TUITION

An Act to Amend and Re-enact Section 1438-a1 of the Supplement to the Compiled Laws of North Dakota for 1913, Relating to High School Tuition Fee.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ I. AMENDMENT.] That Section 1438a1 of the Supplement to the Compiled Laws of North Dakota for 1913 be, and the same is, hereby amended and re-enacted to read as follows:

§ 1438a1. NON-RESIDENT PUPILS.] Non-resident pupils may be admitted to the high school department of standardized graded schools or standardized high schools. The school district board or board of education in any school district having a standardized

graded school or standardized high school shall admit to the high school department, whenever the facilities for seating and instruction will warrant, any non-resident pupil who is prepared to enter such high school department; provided, that a common school diploma issued by the county superintendent of schools setting forth that the holder thereof has completed the course of study prescribed by the state superintendent of public instruction for the common schools of the state shall be evidence of the completion of the course of study necessary for admittance to the high school department of a standardized graded school or standardized high school and for making claim for tuition from the district in which such non-resident pupil resides as hereinafter provided for; provided further that any school district located on the boundary line of this state and not having a full four year high school course of at least fifteen (15) units, and being adjacent to a school district in an adjoining state having a full four year high school course, shall arrange for the attendance of any pupil in such adjacent school district located in such adjoining state, to complete such part of a full four year high school course of at least fifteen (15) units as is not offered in his own district, and for the payment of such tuition fee as shall first be approved by the county superintendent of schools of the county in which such pupil resides.

Approved, March 5, 1927.

CHAPTER 246

(H. B. No. 209-Committee on Education).

ADJACENT TERRITORY SPECIAL SCHOOL DISTRICTS An Act to Amend and Re-enact Section 1240 of the Supplement to the Compiled Laws of 1913, Relating to Special School Districts.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ I. AMENDMENT.] That Section 1240 of the Supplement to the Compiled Laws of 1913, be amended and re-enacted to read as follows:

§ 1240. ADJACENT TERRITORY: HOW ATTACHED FOR SCHOOL PURPOSES.] When any special school district has been organized and provided with a board of education under any general law, or special act, or under the provisions of this article, territory outside the limits thereof but adjacent thereto may be attached to such special school district by the board of county commissioners upon application in writing signed by two-thirds of the voters of such adjacent territory; provided, that no territory shall be annexed from any school district where the part remaining after such proposed

annexation would have an assessed valuation of less than one hundred thousand dollars for each teacher employed in such remaining territory.

Such adjacent territory shall be attached for voting purposes to such corporation, or if the election is held in wards, to the ward or wards or election precinct or precincts to which it lies adjacent; and the voters thereof shall vote only for school officers and on school questions; provided, that nothing in this act shall prevent any such adjacent territory from being annexed because of such adjacent territory being in an adjoining county and provided that the county commissioners shall detach any part of such adjacent territory which is at a greater distance than three miles from the central school in such special district and attach it to any adjacent common or special school district or districts on petition to do so signed by two-thirds of the legal voters of such adjacent territory, provided, further, that in all cases of annexation or detaching of territory fourteen days' notice of hearing before the board of county commissioners shall be given by posted notices in conspicuous places, three to be in the special district, three in the territory sought to be annexed or detached, and three in the district from which the territory is to be taken or to which it is to be attached. If the board of county commissioners decide to annex or detach as the case may be, then such territory shall become a part of the special district or be detached therefrom within five days after such hearing and all assets and liabilities shall be equalized according to Section 1327 of the Compiled Laws of North Dakota for 1913. Provided, also, that any special school district to which adjacent territory has been. attached under this or any other act shall pay compensation, or furnish lodging, or pay tuition, or furnish vehicular transportation by public conveyance, for all pupils residing in such special school district, not including high school pupils attending such central school, more than two miles from the central school house thereof, in accordance with the provisions of Section 1190 of the Supplement to the Compiled Laws of 1913, and acts amendatory thereof. Provided, further, that in districts where vehicular transportation by public conveyance is furnished; that resident children who are in the high school department, if such district maintains such high school department, shall be transported in such public conveyance.

Approved, March 3, 1927.

CHAPTER 247

(H. B. No. 170-Boeckel and Meidinger)

TEN COMMANDMENTS IN CLASS ROOMS

An Act Providing for the Printing and Placing of Placards Containing the Ten Commandments of the Christian Religion, in School Rooms and Class Rooms of Public Institutions of Learning.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. It shall be the duty of the School Board, Board of Trustees, or Board of Education of every school district, and the president of each and every institution of higher education in the state, which is supported by appropriations or by tax levies in this state, to display a placard containing the Ten Commandments of the Christian religion in a conspicuous place in every school room, class room or other place in said school where classes convene for instruction.

§ 2. The Department of Public Instruction shall have authority to print such placards and shall be permitted to charge for them such an amount as will cover the cost of printing and distribution.

Approved, March 3, 1927.

SCHOOL and STATE LANDS

CHAPTER 248

(H. B. No. 208-Thompson of Burleigh)

LEASE AND SALE OF ISLANDS FORMED IN NAVIGABLE
STREAMS AND DECLARED PROPERTY OF STATE

An Act to Provide for the Leasing and Sale of Islands Formed in Beds
of Navigable Streams. Whereas, there is no Law in This State
Which Provides for the Leasing and Sale of Islands Formed in the
Beds of Navigable Streams in This State, Now Therefore

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. All islands formed in the beds of streams which are navigable and declared the property of the state under the provisions of Section 5475 of the Compiled Laws for 1913, shall be leased and sold by the Board of University and School Lands in the same manner as other lands now under control of said board are leased and sold.

All proceeds derived from the leasing and sale of such lands, shall become a part of the common school funds and be distributed as directed by law.

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