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said district: Provided, That in such districts where said tax would not be adequate to the erection of a good and sufficient school-house, or would be oppressive to the people of said district, it shall be the duty of the common school trustee to warn in the hands liable to work on the public highways in such district to meet at the place selected for the school-house, with such tools as they are directed to bring, for the purpose of repairing or building a new schoolhouse, five days' notice being sufficient. The school-house may be built of logs, stone, brick, or plank, but must be of sufficient size to accommodate the children of the district, and have a chimney of stone or brick where a fire-place is used, or where a stove is preferred, a pipe so protected as to secure the building from fire; it shall have glass windows to afford sufficient light, and suitable seats and writing tables for the children of the district. When a school-house is to be built, the trustee of the district may apply to the Superintendent of Public Instruction for specifications and plans of model school-houses, and the Superintendent may furnish the same, and the school-house may be built upon one or the other of the plans furnished—as nearly as the circumstances of the district will allow. Said tax shall be collected by the sheriff of the county, as the revenue of the State is now collected; and pay over to the county commissioner the amount collected from said district, to be paid out on the order of the trustee; and the commissioner shall be liable under his bond for the proper disbursement of all such funds. If any person liable to work on the public highway or roads of the county fails to attend at the time and place, and with tools directed by the trustee, or fails or refuses to work when in attendance, he shall be proceeded against in the same way, and subject to the same fine, that hands are now by law who fail to work on the public highway; but such person shall not be required to work more than two days out of any week. If the trustee of any common school district in the State fail, after the school-house has been condemned by the commissioner, to have a good and sufficient school-house in his district within six months thereafter, he shall be liable to be indicted by a grand jury, and fined, as overseers of the public highway are for failing to keep their precinct of road in good repair. All the fines collected under this section shall be applied to the benefit of the school-house in such

of time tax is to



cents on the $100.

vided for

district. The provisions of this section shall not be construed so as in any way to apply to negroes and mulattoes : Provided, No common school district in which, by any of Restriction as to the provisions of this chapter, an additional tax has been trict or boundary, levied for any of the purposes in this chapter mentioned, and as to period shall be altered in respect of boundary, name, or number, so be levied. long as the levy of such additional tax is continued. But no such levy shall continue for a period of more than one year, unless the same is annually renewed by vote. The dis- Tax for schooltrict tax authorized by article two and article seven, in this not to exceed 40 chapter, shall not be so construed as to authorize more than one tax of forty cents on the one hundred dollars in any one year.

$ 9. The trustee shall have power to assess and collect a Sinking fund propoll or capitation tax of not more than fifty cents per annum on all the patrons of the common school of the district, the proceeds of which shall constitute a sinking fund for pro. Its object. viding the school-house with fuel, and defraying other contingent expenses incident to the comfortable conduct of the school thereof.

§ 10. The trustee shall have power to select a qualified Trusice to select teacher, agree with him as to compensation, and for good tione cpower of cause, of which he shall be first notified in writing, remove him, subject to the approval of the commissioner.

$11. He may appoint a collector to collect all sums due May appoint a the teacher by subscription or otherwise, and allow him a reasonable compensation therefor.

$ 12. It shall be the duty of the trustee to invite and Duty as to stim. encourage all the white children in the district to attend to attend school. the school, and to inform them and their parents that such is their right, for which the State pays, though they themselves may contribute nothing towards paying the expenses of the school. The annual report of the trustee shall always show that this duty has been performed; and no arrangement shall be made for the benefit of some individuals to the exclusion of any others.

§ 13. When a school begins, the trustee, within five days Duty of trustoe thereafter, shall visit the school, and thereafter once a month; superintend its see that the regulations for its government are complied with and that the teacher performs his duty. Upon complaint of the teacher, he shall have power to expel a pupil.




thereof made.

ful addition of

to have census taken.

$ 14. It shall be the duty of the trustee of each district, Annual census to annually, during the month of April, to take an exact census be taken-report

of all the white children then residing in such district, who will be on the first day of July following between the ages of six and twenty years, and on or before the first day of May report a list of the same to the commissioner, specify

ing the name, age, sex, and names of the parents or guarPenalty for will- dian of each child.

Should said trustee willfully add to the names to the list, list the names of persons not entitled to be placed on the list, or for failure same, or otherwise knowingly make a false list, each person

thus offending shall, in addition to being liable to punishment for the crime of perjury, be subject to a fine of not less than fifty dollars; and should any other school officer be a party to such fraudulent lists, or any way aid in the commission of such fraud, he shall be liable to the same punishment. For a failure to take such census and report the same within the time and in the manner herein required, the trustee shall be liable to a fine of not less than twenty dollars.

$ 15. Whenever a district shall become entitled to receive Duty of trustee its proportion of the revenue, or a part thereof, as provided when district en in section ten, article one, of this chapter, by reason of havproportion of the ing had a school taught in full or for one half of the session,

by the 15th of November, 15th of February, 15th of May, and ist of July, in any year, it shall be the duty of the trustee of such district to immediately make report thereof to the commissioner; and at the termination of each school year they shall make a report to the commissioner, embracing the detailed and tabular statistics, and information in respect to their district, as specified and enjoined upon the commissioner to be made for the county in his annual report to the Superintendent in article five, section fifteen, of this chapter.

$ 16. For a failure or refusal of the trustee to make either Penaley forefails of the reports mentioned in the last section within thirty

days after the same are required to be made, he shall be subjected to a fine of not less than twenty dollars, and, besides, shall be liable to an action for damages by any person injured thereby.

§ 17. The reports required of the trustee shall, in every Reports-how to be signed.

case, be signed by him.

$ 18. A trustee, when he resigns, vacates, is removed, or goes out of office, shall, within ten days thereafter, deliver


Duty to deliver money, &c., to his successor,


trustee from dis.


to his successor any money, property, books, or papers in his custody as trustee; and for failure herein he may be fined any sum not exceeding twenty dollars; and it shall be the duty of the commissioner to report all such defaults to the grand jury.

§ 19. For any neglect of duty or misfeasance in office, When liable to be the trustee shall, in addition to being fined as aforesaid, be. removed from office by the commissioner.

§ 20. The oath of office administered to a trustee, upon Oath. his induction into office, shall suffice for the term thereof.

$ 21. The trustee, in consideration of his services, shall Exemption of a be exempt from duty as overseer or a hand upon a public charge of civil highway, from service as a juror upon inquests or writs of ad quod damnum, and from militia duty, and from penalty for non-attendance upon his summons as grand or petit juror.

$ 22. The court of claims, for the purpose of extending Pro rata share of the time, or improving the character of common schools, district—when * may order the pro rata share of any district, in the surplus and by whom bond fund of the county, to be paid the trustee of that be paid. particular district, on his written order therefor, and the Superintendent of Public Instruction shall determine its pro rata upon the basis of the last census report of said district, and draw his warrant in favor of said trustee upon the Auditor, and return a check for the same to the county commissioner, to be turned over to the trustee of such district, to be used for said purpose or purposes; and the Commissioners of the Sinking Fund, upon notice thereof by the Superintendent, are hereby required to make provision for all such claims within six months after the Superintendent of Public Instruction has drawn his warrant therefor upon the Auditor.

may be ordered to



Teachers. $ 1. No person shall be deemed qualified to teach any Qualification of common school herein provided for, unless such person shall first have obtained a certificate of qualification to teach the elements of a plain English education, signed by two members of the county board of examiners, specifying the class of qualifications of the applicants. Certificates shall How certificate be first-class or second-class, and each class shall be first

Grades. grade or second-grade. Those who understand clearly the principles involved in the subject to be taught, as well as


the forms in which they are expressed, shall be entitled to first-class, first-grade, certificate; those who know the forms well, and have a knowledge of principles, but not clear, shall be entitled to first-class, second-grade, certificate; those who know the forms well, but not the principles, shall be entitled to a second-class, first-grade, certificate. When the board of examiners are satisfied that a particular district 'will not be able to procure a qualified teacher, they may issue a special license to a teacher, to whom they have refused a certificate, to teach in that district, but not elsewhere, in a specified school year. No certificate of the same grade, except first-grade, first-class, shall be issued to the same person more than twice. Certificates of the second-class, and of the second-grade of the first-class, shall expire in two years from their date. A first-class, first-grade certificate shall be valid for four years from its date, and may be continued four years longer by the commissioner indorsing thereon “Renewed," and subscribing his name, for which no fee shall be charged. But no certificate shall be valid out of the county in which it is granted. The State Board of Education shall define the qualification necessary in order to procure a certificate of the several classes and grades.

§ 2. The county school commissioner shall appoint two Board of exam- competent and well-educated persons, who, together with

himself, shall constitute a board of examiners for the county, who shall examine all the teachers applying to teach the common schools of the county. The said board of examiners shall hold their sessions on the third and fourth Saturdays in July and August, and in December and January of each school year, at the county seat, and at such other times and places as they may appoint, giving public notice thereof, for the examination of teachers for the common schools. The commissioner and at least one member of the board shall be present and conduct all such examinations, and shall sign all certificates of qualification given. Said examiners appointed by the commissioner, before they shall be authorized to give any certificate, shall take and subscribe an oath that they will faithfully discharge their duties, that they will not give to any person a certificate until they have fully examined the applicant touching his qualifications and fitness to teach, and that they will not give to any one a certificate who is not qualified to teach as required by the

iners-how constituted-when to convene.

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