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ARTICLE XI.

Common School Defined. $ 1. The object of this chapter is to carry into effect the Object ofcommon intention of the people of Kentucky, as expressed in the

Constitution, in promoting the establishment throughout the State of a system of common schools which shall be equally accessible to the poor as to the rich. It is therefore declared that no school shall be deemed 'common school,” within the meaning of this chapter, or be entitled to any contribution out of the school fund, unless the same has been, pursuant hereto, actually kept by a qualified or licensed teacher for five months, or, if situated in a district containing less than the minimum number of children, for three months during the same school year, and at which every white child residing in the district, between the ages of six and twenty years, has had the privilege of attending, whether contributing towards defraying its expenses or not.

$ 2. Nothing in the last section shall preclude a school Common school which is kept for a part of the year as a common school from kept as a private. being kept for the balance of the year as a select or private

school, to which none but contributors may have the privilege of sending pupils.

§ 3. The school year shall hereafter begin on the first day The school year of July, and terminate on the thirtieth day of June; the anu berminabegin first year, pursuant to this chapter, beginning the first day

of July, 1873.

$ 4. Twenty-two school days, or days in which teachers What is a school are actually employed in the school-room, shall constitute a

school month in the common schools of the State.

§ 5. In districts where the number of children of pupil Assistant teach- ages exceed one hundred, the trustee may employ an assistployed, when. ant to the principal teacher when the regular attendance

exceeds fifty; and in no case shall less than two teachers be employed when the regular attendance is sixty or over.

$ 6. All pupils who may be admitted to common schools Duty of pupils to shall comply with the regulations established in pursuance lations of school of law for the government of such schools. Willful disobeor suspended dience and defiance of the authority of the teacher, habitual

profanity and vulgarity, or other gross violation of propriety or law, shall constitute good cause for suspension or expulsion from school.

month.

ers may be em

when.

to be used.

$ 7. No books, tracts, papers, catechisms, or other publi- What books not cations of a sectarian, infidel, or denominational character, shall be used or distributed in any common school, nor shall any sectarian or infidel doctrine be taught therein.

$ 8. Whenever a university, college, academy, or high When a common school, which shall be exclusively devoted to the education be laid off to emof white children, not under the control of a religious denom- college com acadination, may be established in any county, the commissioner for such county, upon the written application of the curators, trustees, or managers of such institution of learning, may lay off a common school district including the same. The curators, trustees, or managers of such institution, shall be decined common school trustees for such district, and shall perform all the duties required of, and be liable to all the penalties provided against, common school trustees by this chapter. Such district shall, upon complying with the pro- Provisions in revisions of this chapter, be entitled to its proportion of the revenue of the School Fund: Provided, All white children residing in said district, between the ages of six and twenty years, shall have the privilege of attending such institution of learning free of charge, for at least five months during each school year: Provided further, That no money shall be drawn from the School Fund for children not residents of such district: Provided further, That before said district shall be laid off, or the school placed under the control of the curators, trustees, or managers aforesaid, the consent of a majority of the qualified voters, under the school law, shall be obtained at an election to be held as required under this chapter for the election of a trustee; said consent to be for a period of one year.

forced.

ARTICLE XII.

Fines and Amercements. § 1. All fines, forfeitures, and penalties imposed by this How fines, for:

, act, and not otherwise provided for herein, shall be enforced by indictment in the circuit court by the grand jury, and it shall be the duty of the circuit judge to give this in charge to the grand jury:

§ 2. All fines and forfeitures recovered under this act To whom paid, shall be paid into the Treasury, and placed to the credit of poce. the Common School Fund.

and for what pur

affect local laws.

$ 3. But this act is not to affect, modify, or repeal any This act not to local or special law which establishes any city or town in one

district, but the same shall be governed in all respects by the local laws and authorities.

§ 4. The Superintendent of Public Instruction shall annuSuperinten dent ally revise the school laws, omitting all that has been repealed,

and inserting in its proper place that which is amendatory.

to revise school laws.

CHAPTER 19.

CONFESSION OF JUDGMENT. § 1. Powers of attorney to confess judgment, or to suffer *R. S., 252.

judgment to pass by default, or otherwise, and every release Judgmentin.com of errors, given before an action is instituted, are declared er of attorney, nor release of errors.

void.

An Act for the benefit of common schools in Kentucky. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Superintendent of Public Instruction be, and he is hereby, authorized and directed to certify to the Auditor, and direct payment on the reports of common schools taught in districts hereinafter named or to be named: Provided, ist. That payment be made for said districts out of any surplus for the school year ending June 30th, 1873, which may remain to the credit of the counties respectively in which said districts lie, or out of the surplus bond fund belonging to said counties, and at a rate per child not exceeding that at which payment was made out of the revenue of the School Fund proper for the years respectively for which the schools are reported to have been taught: Provided, 2d. That payment shall not already have been made for said districts: Provided, 3d. That for such of said schools as were taught less than the time specified by law, payment shall be made only for the time during which they were so taught: Provided, 4th. That the reports of said districts, duly made out, shall have been received by the Superintendent of Public Instruction on or before the first day of July, 1873; previous to which date

may add to the list of districts herein named such as may be reported and properly certified as coming within the provisions of this act, and, in his judgment, entitled to its benefits:

he

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2. This act shall take effect from and after its passage.

Approved March 28, 1873. An Act to increase the salaries of the Superintendent of Public Instruction and his Clerk. 81. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the salary of the Superintendent of Public Instruction be, and the same is hereby, increased to the sum of three thousand dollars.

2. That the salary of the clerk in the office of the Superintendent of Public Instruction be, and the same is hereby, increased to the sum of twelve hundred dollars. $ 3. This act shall take effect from its passage.

Approved March 1, 1873.

1. If any attorney or other

person

shall
appear
under such Penalty on at-

torney.
power for any defendant, in any court in this State, such
attorney or other person shall forfeit and pay one thousand
dollars to such defendant.(a)

2. He shall be, moreover, liable to damages at the suit of Liability of attorthe party aggrieved.

CHAPTER 20.

CONSTABLES.

ART. 1. Bond and oath of office.

2. What process may execute.
3. May collect his own fee bills.
4. Remedies against for defalcation.
5. May be ruled to give additional security.
6. Miscellaneous provisions.

constable.

ARTICLE I.

Bond and Oath of Office. § 1. Every person who shall be elected or appointed to R. S., 253.

Obligation of a the office of constable shall, before he enters on the duties of his office, give an obligation, payable to the Commonwealth of Kentucky, with good surety, in the county court of his county, in substance as follows:

We, A B, constable, and C D and E F, his sureties, do hereby covenant with the Commonwealth of Kentucky, that the said A B, as constable of

county, shall well and truly collect all officers' fees and dues put into his hands to collect, and account for and pay the same in such time and manner as is directed by law; and shall well and truly execute and due return make of all process and precepts to him directed, and to him delivered, and of all notices and orders of justices or other tribunals, given to him to execute, and will pay and satisfy all sums of money by him received upon any such process or precept, or any note, account, fee bill, or other claim placed in his hands for collection, to the person entitled thereto, or to his order; and in all other things shall faithfully and truly execute and perform the said office

(a) The appearance contemplated by subsection one is some act done in open court, of which the court must take judicial notice hy appropriate entry on its records and by which the rights of the party represented might be affected. The act must be proven by the record, and in no other way. (Gossett vs. Bruce, MS. Opinion.)

of constable during his continuance therein. Given under our hands

day of (a) By whom to be § 2. The sureties shall be approved by the court. approved.

$ 3. He shall also, previous to entering on the duties of Oath.

his office, besides the oaths prescribed by the Constitution, take an oath before the county court in substance

1. That he will do right as well to poor as rich in all things belonging to his office; that he will do no wrong to any man for any gift or reward, nor for favor or hatred, and in all cases that he will truly and faithfully execute the duties of his office according to the best of his knowledge and power.

2. It shall be noted on the records of the court that such Bond and oath to bond and surety had been given and approved by the court,

and that the oaths of office had been administered.

$ 4. If any constable fails to give bond and surety, and to Failure to give take the oaths of office herein required for thirty days after

his election or appointment, the county court shall enter up an order stating such failure, and that his office is thereby vacated.

be recorded.

bond forfeits the office.

ble may execute.

ARTICLE II.

What Process they may Execute.

§ 1. Constables may execute bench warrants, warrants of 1 R. S., 259.

arrest, distress, or other warrants, summons, subpoenas, atWhat process &

tachments of all kinds, notices, rules, and orders of court in precepts consta

all criminal, penal, and civil cases, and shall return all such process, noting the time of execution on them, to the courts or persons issuing them.

$2. No constable shall return any precept directed to him, Duty as to return that the defendant is not found

1. Unless he shall have been actually at the place of resiMust have been dence of such defendant, and has not found him, and has

left a copy of the precept, if the defendant is a resident of If not found, he must leave copy. the county.

(a) The bond of a constable is enforceable against him and his sureties as a common law bond, though he was appointed such constable for a district in which he did not reside. (Commonwealth for Harris vs. Teal, 14 B. M., 30.)

2. The surety in a constable's bond is liable for money collected by him, with or without suit, on claims collected after the date of the bond, although the claim itself may have been placed in his hands before the bond was executed. (Boswell Lemmons vs. Sheriff, 8 Bush, 97.)

3. For all tortious acts of a constable, done under color of his office, he and his sureties are liable. (Jewell vs. Mills, 3 Bush, 62.)

4. But for acts of violence, which are personal wrongs, the sureties are not liable. (Idem.)

at defendant's residence.

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