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SEC. 14. In each school district of this State, except otherwise Election of provided by law, there shall annually be elected three Common School Trustees by the qualified electors in the district, at the school district meeting, to be held on the first Monday in October, and the district officers shall give at least ten days' notice of the time and place of said meeting. Such Trustees are required to take the oath of office, and they shall enter on their duties on the first Monday of the month subsequent to their election, and shall hold their office for one year, or until their successors are elected and qualified; provided, the election of Trustees for the present year shall take place on the first Monday of June.

of same.

SEC. 15. In all cases of failure on the part of the people to elect Appointment Trustees as herein provided, and also upon this Act taking effect, and when vacancies occur, and when a new district is formed, the County Superintendent shall appoint the same.

SEC. 16. The School Trustees of the several school districts shall Duty of same. have power, and it shall be their duty within their respective jurisdiction: First, To select and designate a Common School Marshal, and file a certificate of his appointment in the office of the County Superintendent. Second, To fix the location of school houses in accordance with the expressed wishes of a majority of the qualified electors within their districts expressed at a district meeting to be called on at least five days' notice by the Trustees; but in case a majority of such voters shall not agree thereon, then the said Trustees may fix the location of school houses according to their own best judgment. Third, To superintend the erection and repairs of all school houses; to distribute the blank forms, laws and instructions received by them, to the persons by law entitled to receive the same. Fourth, To examine persons proposing to become school teachers, under the provisions of this Act, and to grant certificates of approbation and recommendation to each as they shall find, after a rigid and thorough examination and investigation, to be persons of good moral character, of sufficient learning and ability for teaching, having a special regard to their ability to impart knowledge, and to no others; and to revoke any such certificate at pleasure, first giving reasonable notice to the person holding the same; same. all such certificates shall remain in force during one year from and after their respective dates, unless sooner revoked, and no longer, and any certificate otherwise granted shall be void. Fifth, To employ and fix the salaries and time of service of Common School teachers. Sixth, To suspend or expel from any such Common School, with the advice of the teacher, any pupil who will not submit to the reasonable and ordinary rules of order and discipline therein. Seventh, To arrange among themselves in such a manner that at least one of the Trustees shall visit and ascertain the character, progress and prospects of each school, at least once a month. Eighth, To carry out and execute their powers and duties, as conferred and imposed by this Act, in accordance with the instructions of the State Board of Education, and in form, as shall be prescribed by the Superintendent of Public Instruction. Ninth, To make and keep a record of all their official acts and decisions, and a strict and particular account of all moneys received and disbursed, and all bills audited and paid; said record and account, together with the vouchers relating thereto, shall be subject at all times,



to the inspection and examination of the Superintendent of Public Instruction, or the County Superintendent, or any elector of the school district. Tenth, To report to the County Superintendent of their respective counties, on or before the first day of November, annually, the amount of all expenditures on account of schools in their respective precincts during the previous school year, ending on the last day of October; and the manner in which the same shall have been expended; specifying what portion and amount thereof has been expended for the services of legally qualified teachers; the amount which during that time shall have been raised in the several Common School districts, by subscription or otherwise, and allowed to such qualified teachers as salary or compensation; the names of the teachers employed and the time of service, and the salaries paid to each; the number of pupils taught, and the average attendance and progress of the pupils in each school organized and taught under the provisions of this Act; and such other statistics as shall be directed by the Superintendent of Public Instruction. Eleventh, And at the close of their official term, to deliver over their books of records, and all papers, books, blanks, documents, moneys, and all other property in their hands as such Trustees, to their successors in office, and take their receipt for the same, which receipt shall be filed with the County Superintendent; provided, that if the Trustees neglect to make returns as herein required, the district shall still be entitled tɔ its portion of school money, if proof satisfactory to the Superintendent of Public Instruction be made in writing and filed with the State and County Superintendent, showing the facts required to be reported by the Trustees.

SEC. 17. The Trustees may cause the Common Schools within their respective jurisdiction, to be divided into Primary, Grammar and High School Departments, and to employ competent and legally qualified teachers for the instruction of the different departments, whenever they shall deem such division into departments advisable; provided, there be sufficient means for all such departments, and if not, then, in the order in which they are herein named, the primary school having prefer


Duty of School


SEC. 18. The Marshals selected and designated by the Trustees under the provisions of this Act, shall, in the month of October, annually, take a specific census of all the white children within their respective precincts, between the ages of four and eighteen years, specifying the names of the children, of the parents or guardians of such children, and the town, city and school district within which they reside, and make full report thereof, in writing, under oath, to the County Superintendent of Common Schools, and deliver a true copy thereof to the Trustees in their respective school districts by the tenth day of November next, thereafter.

Pay of school officers.


SEC. 19. The County Treasurer, Superintendent, Trustees and Marshals of Common Schools, within their several counties, shall respectively receive for their official services under this Act, such compensation as shall be allowed by the Board of Supervisors, which shall be

audited and paid in the same manner as other county salaries and expenses are audited and paid.

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SEC. 20. Until otherwise determined and established by the proper School Districts. authorities, each city and each town or township in this State shall con

stitute one school district.

SEC. 21. Upon [a] petition being presented to the Board of Super- Same in cities. visors, such Board shall, except in incorporated cities and towns which have made provisions for schools within their respective limits, have the power to constitute and establish school districts, and to define and to alter the boundaries thereof, in accordance with the wishes of the qualified electors in the respective precincts, and as the best judgment of the said Board may direct.


in cities.

SEC. 22. The Common Courcil of each and every incorporated city Public schools in this State, shall be, and hereby is authorized and empowered: First, To raise annually by tax upon the real estate and personal property within the city, as estimated by the City Assessors, such amount of money not exceeding one-fourth of one per cent. on the valuation on the assessment roll, as shall be requisite for the support of Free Common Schools therein, and providing and furnishing suitable houses therefor, and purchasing lots on which to build school houses, and paying contingent expenses. Second, To provide by ordinance for the collection, custody and disbursement of the moneys thus raised by city tax for school purposes. Third, To provide by ordinance for the drawing from the County Treasury on the warrant of the County Superintendent of Common Schools, the moneys to which said city shall be entitled under the provisions of this Act, and for the custody and disbursement by the City Treasurer of the same, in accordance with the provisions of this Act. Fourth, To provide by ordinance for constituting and establishing school districts, and for the examination of Common School teachers; the regulation of Common Schools within the city; the census, or enumeration of Same. the children, and for making the annual and other reports to the County Superintendent. Fifth, To provide by ordinance for the election or appointment of a City Board of Education and Superintendent of Common Schools, and prescribe their powers and duties; and Sixth, To ordain all such rules and regulations as they may deem expedient and necessary for the promotion of the interests, prosperity and usefulness of Common Schools within the city; provided, that the Common Council shall not make ordinance, nor any do any act. which shall be in conflict with the principles or provisions of the Constitution of the State or of any Act of the Legislature. Seventh, Provided, that the Common Council, on the petition of fifty heads of white families, citizens of the district, shall establish a school or schools in said district, and shall award said school or schools a pro rata of the School Fund; provided, no sectarian doctrines are taught in said school or schools, and said schools so established, shall in all particulars be under the supervision and control of the Common Council, as are all other Common Schools within their jurisdiction, under the provisions of this Aet.

SEC. 23. No Trustees or Marshals elected or appointed under the

City schools.

foregoing provisions of this Act, shall have any jurisdiction or control within the limits of any city which shall have provided for the support, regulation and management of Common Schools therein under the provisions of the next preceding section of this Act.

SEC. 24. All the powers, rights and privileges conferred upon incorporated cities by the provisions of this Act, shall be enjoyed and may be exercised in like manner by incorporated towns, and the town officers shall have the same powers as the corresponding officers in cities.

State School

How to be used.


SEC. 25. Controller's warrants drawn upon the General Fund, and paid into the State Treasury for school land, shall draw the same rate of interest and be entitled to all the preference of civil bonds; and the State Treasurer on receiving any such warrants, shall endorse upon the same, "Common School Fund," with the date of their reception, and subscribe thereto his official signature; and no portion of said securities shall be sold or exchanged for other securities, except by special Act of the Legislature.

SEC. 26. No portion of the Common School Fund, nor of the interest or income thereof, nor of the moneys raised by State tax, or specially appropriated for the support of Common Schools, shall be diverted to any other object or purpose.

SEC. 27. The school moneys distributed to the various counties of this State from the State School Fund, shall not be used for any other purpose than the payment of qualified teachers under this Act, and no portion of said "Funds" shall, either directly or indirectly, be paid for the erection of school houses, the use of school rooms, furniture, or any other contingent expenses of Common Schools.

County School

How to be expended.



SEC. 28. Each and every county in this State is hereby empowered and authorized to raise annually, by special tax, (in the same manner that other county taxes shall be levied) upon the real estate and personal property within the county, an amount of money not exceeding ten cents on each one hundred dollars of valuation, for the support of Common Schools therein, and providing suitable houses, and purchasing libraries and apparatus for such Common Schools.

SEC. 29. All moneys raised by county tax as above provided, for Common School purposes, shall be paid into the County Treasury as a special deposit, and shall be apportioned by the "County Superintendent of Common Schools," among the towns, cities and school districts in the county, upon the basis provided by this Act for the apportionment of State School moneys; and be drawn from the County Treasury on the warrant of the County Superintendent as before provided.

SEC. 30 The School Trustees or Board of Education of each city, town and district, may use the moneys from the county school fund to purchase, build or rent school houses; to purchase libraries; and to pay teachers or contingent expenses, as they may deem



SEC. 31. Any balance required to be raised in any school district for


the payment of teachers' compensation, beyond the amount apportioned Teachers' to such district by the previous provisions of this Act, and other public moneys belonging to the district applicable to the payment of teachers' compensation, shall be raised by a rate bill, made out by the Trustees against those sending to school, in proportion to the number of days and of children sent; to be ascertained by the teacher's list; and in making out such rate bill it shall be the duty of the Trustees to exempt such indigent inhabitants as may in their judgment be entitled to such exemption.

SEC. 32. No Common School shall receive any moneys, benefits, or Schools not to immunities under the provisions of this Act, unless such school shall be receive moneys. instructed by a teacher or teachers duly examined, approved and employed by competent and legal authority, as herein before provided.

SEC. 33. No books, tracts or papers of a sectarian or denominational Books not io character, shall be used or introduced in any school established under the be used. provisions of this Act; nor shall sectarian or denominational doctrines be taught therein; nor shall any school whatever receive any of the public school funds, which has not been taught in accordance with the principles of this Act.

not to be paid.

SEC. 34. No teacher shall be entitled to any portion of the public Teachers Common School moneys as compensation or salary for services rendered, unless such teacher shall have been duly employed by competent authority, nor unless such teacher shall have had during the whole time of such service, such certificate of competency and approval as required by this Act in full force and effect, and bearing date within one year next before the services aforesaid shall have been rendered; nor unless such teacher shall have made report in manner and in form as shall be prescribed by the Superintendent of Public Instruction.

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SEC. 35. The Common School year shall commence on the first day School year. of November, and shall end on the last day of October.

SEC. 36. Any printing required under this Act, shall be executed Printing. in the form and manner and at the prices of other State printing, and shall be paid for in like manner out of the "General Fund," upon the bill for the same being certified by the State Board of Education.

SEC 37. The Act entitled "An Act to establish a system of Com- Acts repealed mon Schools," approved May third, eighteen hundred and fifty-two; and an Act entitled "An Act to be entitled an Act amendatory of and supplementary to an Act entitled an Act to establish a system of Common Schools," approved May third, eighteen hundred and fifty-two, approved May eighteen, eighteen hundred and fifty-three, and all other laws and parts of laws inconsistent with this Act, are hereby repealed; provided, this repeal shall not render invalid any lawful proceedings already taken under the laws hereby repealed; and the "Common School moneys" and securities already accrued, shall enure to the benefit of and belong to the School Fund referred to in this Act.

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