Penalty. County tendent previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of said school moneys which may remain in his hands for distribution at the close of such school year, designating whether of State or County School Fund; and in case of failure or neglect of said County Treasurer to make such report, he shall forfeit for the benefit of the County School Fund the sum of one hundred dollars from his official compensation; and it is hereby made the duty of the County Commissioners, on notice from the Superintendent of Public Instruction, of such failure or neglect on the part of any County Treasurer, to deduct said one hundred dollars from his compensation, and place said amount to the credit of the County School Fund. SEC. 3. Section seventeen of said Act is hereby amended so' as to read as follows: Section Seventeen. It shall be the duty of the County Superintendent of Public Schools, upon receiving notice from to appor- the County Treasurer and the County Auditor, as provided in this Act, to apportion the public school moneys in the County Treasury among the several school districts of his county, as follows: tion money. Amount to each teacher. Surplus to be appor First-He must ascertain the number of teachers each district is entitled to, by calculating one teacher for every one hundred census children, or fraction thereof, as shown by the next preceding school census. Second-He must ascertain the total number of teachers for the county, by adding together the number of teachers assigned to the several districts, upon the basis of one teacher to each one hundred census children or fraction thereof. Third-Twenty-five per cent. of the amount of the apportionment from the State and County School Fund shall be apport oned equally to each district for every teacher assigned it upon the basis of one hundred census children or fraction thereof. Fourth-All school moneys remaining on hand, after apportioned tioning twenty-five per cent. of the State and county apportionper capita. ment equally to each district for every teacher assigned it upon the basis of one hundred census children, or fraction thereof, must be apportioned to the several districts in proportion to the number of children between the ages of six and eighteen years, as returned by the School Trustees and Census Marshals, and to forthwith notify the County Treasurer, County Auditor, and the School Trustees, in writing, of such apportionment, in detail. He shall make such apportionment on the first Monday in January of each year, and quarterly thereafter. He shall have power, and it shall be his duty, to draw his order on the County Auditor in favor of the Trustees of any school district in his county, for any bill duly signed by said Trustees and authorized by this Act; provided, that such order shall not be drawn except upon presentation of an itemized account, which shall remain on file in his office, and until full and correct returns have been made to him as required by law; and, prodraw war- vided further, that if, in the opinion of the Superintendent, any bill contain an exorbitant or unwarranted charge, he may refuse to draw his order until ordered to do so by the Board of County Superintendent to draw warrants. Not to rant if charge is exorbitant. to draw County Commissioners, who shall act as Auditors upon all bills rejected by the County Superintendent. No order shall be drawn in favor of any school district, by the County Superintendent, upon the Auditor, unless there be cash in the Treasury at the time to the credit of said district. It shall be the duty Auditor of the County Auditor to draw his warrant upon the County warrant. Treasurer for the amount of any such order of the County Superintendent, upon the presentation of the same to him, if there be cash in the Treasury to the credit of the particular fund on which he is called upon to draw. No charge for issuing said warrant shall be made by the County Auditor. schools. SEC. 4. Section eighteen of said Act is hereby amended so Duties of as to read as follows: County SuperinSection Eighteen. The County Superintendent shall have tendent. power, and it shall be his duty: First To visit each public school in his county, within ten To visit miles of the county seat, at least once in each term; provided, that he shall visit all the schools in his county once in each year; to exercise a general supervision over the interests of the public schools in his county, and give to the School Trustees, Marshals, and teachers, such aid as may be important to the prosperity of the schools. tribute etc. papers. Second-To distribute promptly such blank reports, forms, To dis laws, and instructions as shall be received by him from the blank Superintendent of Public Instruction for the use of School reports, Trustees, Marshals, and teachers, and any other officers entitled to receive the same. Third-To keep on file in his office the reports of the School To file Trustees, Marshals, and teachers received by him, and to record all his official acts in a book to be provided for that purpose, and at the close of his official term to deliver to his successor such records, and all documents, books, and papers belonging to his office, and to take duplicate receipts for the same, which shall be filed in the office of the County Treasurer and the County Auditor. Fourth-To make a full report annually, on or before the To make fifteenth day of September, for the school year ending on the report. last day of August next previous thereto, to the Superintendent of Public Instruction, such report to include an abstract of all the various annual reports of the City Boards of Education, School Trustees, Marshals, and teachers, by law required to be made to the County Superintendent for the preceding school year. institutes. Fifth-To preside over, regulate, and conduct all County To hold Teachers' Institutes which may be called under the provisions of the section of this Act providing for the calling of such Institutes. vacancies. Sixth-To appoint School Trustees in all the districts in To fill which the qualified voters fail to elect, and to fill by appointment all vacancies occurring in said office. chase Seventh-To draw his orders on the County Auditor in favor To purof the Board of Trustees, for warrants on the County Treasurer, books for for the purchase of school books which may be furnished by indigent said Trustees to indigent children of the district, making the scholars. To fill vacancies. Duty of Acts repealed. Act to same payable out of the county school moneys apportioned to such district. SEC. 5. Section twenty-three of said Act is hereby amended so as to read as follows: Section Twenty-three. If the qualified electors of any school district shall fail to elect School Trustees at the time and in the manner prescribed by law, or if from any cause a vacancy or vacancies shall at any time occur, or shall have occurred in the Board of Trustees of any school district, the County Superintendent of Public Schools of the county wherein such school district is situate, shall fill such vacancy or vacancies by the appointment of a competent person or persons, who shall hold such office or offices until the election of a successor or successors, at the time and in the manner provided by law. SEC. 6. Section twenty-eight of said Act is hereby amended so as to read as follows: Section Twenty-eight. It shall be the duty of the School Trustees to employ teachers, and to certify the amount due them for services, to the County Superintendent, who shall draw his order on the County Auditor for a warrant on the County Treasurer for the amount; provided, that salaries of teachers shall be determined by the character of the service required, and that in no district shall there be discrimination in the matter of salary as against female teachers. Trustees may dismiss any teacher at any time, for such reasons as they may deem sufficient; they shall visit the school or schools under their charge at least once in each term, by one or more of their number, with such other persons as they may choose to invite. SEC. 7. All Acts and parts of Acts, conflicting with the provisions of this Act, are hereby repealed. SEC. 8. This Act shall take effect and be in force on and take effect after the first Monday in April, eighteen hundred and seventy seven. ation made. CHAP. CXVII.—An Act to provide for the payment of the State's proportion of the extraordinary expenses for assistant counsel, incurred in the several cases brought to enforce and resist the collection of the tax on the proceeds of the mines, during the twelfth fiscal year. [Approved March 8, 1877.] The People of the State of Nevada, represented in Senate and Appropri SECTION 1. The sum of twelve thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the following purposes: Payment to Storey County. First-For the payment to Storey County of the State's proportion of all sums paid, or to be paid, under any existing contract entered into by the Commissioners of Storey County, for the services of assistant counsel in the several suits brought to enforce or resist the collection of the tax on the proceeds of the mines, during the twelfth fiscal year. Such proportion to be determined by the ratio that the State tax bears to the entire levy for State and county purposes, for the quarters the taxes for which the several suits are brought to enforce or resist. counsel. Second-For the payment of assistant counsel employed by To pay the State in the before mentioned cases, who have not been paid by Storey County; and, Third-For the payment of the State's proportion, as herein before set forth, of such extraordinary expenses as may occur in the further prosecution of these suits. be acted SEC. 2. The claims provided to be paid under this Act shall Claims to be presented to the State Board of Examiners, and, on approval on by by them, shall be audited by the State Controller, and shall be Board of paid by the Treasurer on the Controller's warrant for the ers. same, out of the appropriation herein made. Examin CHAP. CXVIII.-An Act to provide for the purchase, for the benefit of the State School Fund, of the bonds of this State known as the Territorial bonds. [Approved March 8, 1877.] The People of the State of Nevada, represented in Senate and trans eral Fund. SECTION 1. For the purpose of purchasing the State bonds Money issued under an Act entitled "An Act authorizing a State loan, ferred and levying a tax to provide means for the payment thereof," from Genapproved February twenty-seventh, eighteen hundred and seventy-one, for the benefit of the State School Fund, the sum of fifty thousand dollars is hereby transferred from the General Fund of the State to the Territorial Interest and Sinking Fund provided for in said Act, and the State Controller is hereby directed to notify the State Treasurer of such transfer. purchasbonds certain SEC. 2. The amount thus placed in the Territorial Interest May be and Sinking Fund, together with all securities now in said used for fund, and all money now in or coming into said fund from other ing State sources, and also all securities now in the State School Fund, under may be used for the purchase of the State bonds herein specified, conditions on account and for the benefit of the State School Fund, in the manner hereinafter set forth, under the direction of a Board of Commissioners, consisting of the Superintendent of Public Instruction, State Treasurer, and the Stato Controller. SEC. 3. The Commissioners herein named are authorized to purchase the bonds herein specified, if they can purchase the whole issue (three hundred and eighty thousand dollars), and not otherwise, if such purchase can be made at such a rate of premium as would guarantee to the purchaser six per cent. per annum interest on the amount paid during the life of the bonds so purchased; they are also authorized, in making such pur Bond to be issued to State School Fund. Tax authorized. Treasurer for inter chase, to exchange the United States and other bonds now in the Territorial Interest and Sinking Fund, and also in the State School Fund, for the bonds herein proposed to be purchased; provided, that in making such exchange the value of such United States and other bonds shall be at least the value of such bonds, with the average premium added, as shown by the sales of such securities in the market on the day of exchange, and in no case at less than par. The amount of securities placed at the disposal of said Board of Commissioners, for the purpose herein specified, is as follows: One hundred thousand dollars in United States bonds in the Territorial Interest and Sinking Fund, and three hundred thousand dollars in United States and State tenyear bonds in the State School Fund, and no more. SEC. 4. Upon the purchase of the bonds herein mentioned, the Board of Commissioners shall surrender them to the State Treasurer for cancellation, and a bond to the amount of three hundred and eighty thousand dollars, not redeemable or transferable, bearing interest at the rate of five per cent. per annum, shall be issued to the "State School Fund of the State of Nevada." Said bond shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State, and shall state in substance that the State of Nevada owes to its State School Fund three hundred and eighty thousand dollars, the interest on which sum, at the rate of five per cent. per annum, she agrees to pay for all time, for the benefit of the common schools of the State. Said bonds shall be engrossed on parchment and deposited with the Treasurer of State. The interest on said bond shall be paid semi-annually, the first days of January and July of each year, on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest, on the Territorial Interest Fund herein created. All sums derived from the interest on said bond shall go into the General School Fund for the support of the common schools of the State, and for the regular and prompt payment of said interest, the faith and credit of the State is hereby solemnly pledged. SEC. 5. There shall be levied and collected for the fiscal year commencing January first, eighteen hundred and seventyseven, and annually thereafter, an ad valorem tax of eight cents upon each one hundred dollars of all the taxable property in the State, which tax shall take the place and be in lieu of the tax heretofore levied for Territorial Interest and Sinking Fund purposes. All sums derived from this tax shall go into the Territorial Interest Fund, and shall be disposed of as provided for in this Act. SEC. 6. It shall be the duty of the State Treasurer to make to provide definite arrangements for the payment of the interest on the est. bond herein provided to be issued to the State School Fund when the same shall fall due, at least thirty days prior to the time of payment, and in the event that said Interest Fund, as in this Act provided, is insufficient, the said Treasurer shall draw on the General Fund of the State for such purpose; and in the event said fund also proves inadequate, the Treasurer, by and with the consent of the Governor and Controller, or |