from the sum apportioned to the district in which said children reside and cause it to be paid over to the district in which they have attended school.

SEC. 1794. Pupils who are actual residents of a district shall be permitted to attend school in the same, regardless of the time when they acquired such residence, whether before or after the enumeration, or of the residence of their parents or guardians; but pupils who are sojourning temporarily in one district, while their actual residence is in another, and to whom the last preceding section is not applicable, may attend school upon such terms as the board of directors may deem just and equitable.

SEC. 1795. Pupils may attend school in any subdistrict of the district township in which they reside, with the consent of the subdirector of such subdistrict, and of the subdirector of the subdistrict in which such pupils reside.

BOUNDARIES.

SEC. 1796. The board of directors shall, at their regular meeting in September, or at any special meeting called thereafter for that purpose, divide their township into subdistricts, such as justice, equity, and the interests of the people require; and may make such alterations of the boundaries of subdistricts heretofore formed, as may be deemed necessary; and shall designate such subdistricts, and all subsequent alterations,

SEC. 1794. 1. The residence of the scholar, and not of the parent, determines his right to attend school. The parent may reside in one district, and the child in another. If the parent sends him into another district to remain for a limited period, he may attend school only on such terms as are prescribed by the board. S. L. Decisions, 53 and 130.

2. In determining whether a person is entitled to attendance free of tuition, the board may take any impartial method of deciding the question.

3. Parties may be required to satisfy the board that their residence is actual, before being admitted to free attendance. But the board may not compel any person to declare how long he intends to remain a resident of the district.

4. Any one aggrieved by the order of the board admitting, or refusing to admit, a scholar, has the remedy of appeal.

SEC. 1795. In order that scholars may attend in another subdistrict in their own township, it is necessary to have the consent of both subdirectors. As this matter is placed in the hands of the respective subdirectors, the board has no control, and the only remedy for refusal is such a redistricting, under section 1796, as will better accommodate all parties.

SEC. 1796. 1. While this section provides that boards may change subdistrict boundaries at the regular meeting in September, or at a special meeting called for that purpose, it must be understood that such change cannot be made so late as to prevent the notices of election from being given at least five days previous to the subdistrict elections, as required by section 1718. S. L. Decisions, 124.

2. It requires a vote of a majority of all the members of the board to make any change in the boundaries of subdistricts. Section 1738.

in a distinct and legible manner, upon a plat of the district provided for that purpose; and shall cause a written description of the same to be recorded in the district records, a copy of which shall be delivered by the secretary to the county treasurer, and also to the county auditor, who shall record the same in his office; provided that the boundaries of subdistricts shall conform to the lines of congressional divisions of land; and that the formation and alteration of subdistricts as contemplated in this section shall not take effect until the next subdistrict election thereafter, at which election a subdirector shall be elected for the new subdistrict.

SEC. 1797. In cases where, by reason of streams or other natural obstacles, any portion of the inhabitants of any school district cannot, in the opinion of the county superintendent, with reasonable facility, enjoy the advantages of any school in their township, the said county superintendent, with the consent of the board of directors of such district as may be affected thereby, may attach such part of said township to an adjoining township, and the order therefor shall be transmitted to the secretary of each district, and be by him recorded in his records, and the proper entry made on his plat of the district.

3. It is especially important that the county auditor and treasurer be officially notified by the district secretary, whenever any changes are made in district boundaries, by the formation of independent districts and otherwise, to enable these officers to perform their duties in the levies of taxes, and the apportionment and disbursement of school funds.

4. By congressional divisions of land is meant those divisions authorized by congress in government surveys, of which the smallest is, in general, one-sixteenth of a section, or a tract of forty acres in a square form. Government lines, however, sometimes meander along streams and other bodies of water, and divisions of land are thus formed of less than forty acres. S. L. Decisions, 80.

SEC. 1797. 1. This section contains the only provision of law under which a subdistrict can be formed from parts of two or more civil townships. The law should be strictly complied with, or the proceedings will be invalid.

2. Such subdistricts can be formed only by concurrent action of the board of the district from which the territory is taken and the county superintendent. 62 Iowa, 616.

3. As the county superintendent has original concurrent jurisdiction, no appeal can be taken from the refusal of the board to give consent. From the order of the county superintendent an appeal may be taken to determine whether the law was fulfilled, but not for the purpose of controlling his discretion in any way, if the intent of the law was met. S. L. Decisions, 117.

4. The natural obstacle must be a large stream unbridged, an impassable slough, the entire absence of a public highway, or some such natural insurmountable difficulty.

5. Streams well bridged and distance are not natural obstacles in the contemplation of the law.

6. Subdistricts cannot be formed from portions of two counties.

SEC. 1798. (As amended by Chap. 111, Laws of 1880, and Chap. 160, Laws of 1882.) In all cases where territory has been, or may be, set into an adjoining county or township, or attached to any independent school district in any adjoining county or township, for school purposes, such territory may be restored by the concurrence of the respective boards of directors; but on the written application of two-thirds of the electors residing upon the territory within such township or independent district in which the school-house is not situated, the said boards shall restore the territory to the district to which it geographically belongs; provided however that no such restoration shall be made unless there are fifteen or more pupils between the ages of five and twenty-one years, actually residing upon said territory sought to be restored, and not until there has been a suitable school-house erected and completed, within the limits of said territory suitable for school purposes.

SEC. 1799. The boundary lines of a civil township shall not be changed by the board of supervisors of any county, so as to divide any school district by changing the boundary lines thereof, except when a majority of the voters of such district shall petition therefor; provided however that this shall not prevent the change of the boundary lines of any civil township, when such change is made by adopting the lines of congressional townships.

FORMATION OF INDEPENDENT DISTRICTS.

SECTION 1800. (As amended by Chap. 139, Laws of 1880.) Any city, town or village containing not less than two hundred inhabitants within SEC. 1798. 1. It will be noticed that two distinct and separate methods are provided by this section. 78 Iowa, 550.

2. When two-thirds petition, the remedy is not mandamus, but appeal from the refusal of the board last acting. 73 Iowa, 134.

3. The restoration may take effect at any time agreed upon, but if no agreement is made, it will take effect the following March. 59 Iowa, 109.

4. When the boundaries of districts are changed, the territory transferred carries with it a just proportion of all assets and liabilities of the district from which it is taken. 58 Iowa, 77.

SEC. 1799. 1. District township boundaries must conform to the boundaries of civil townships under the provisions of section 1713.

2. The boundaries of independent districts are not affected by the change of civil township boundaries.

3. The words school district in this section mean also subdistrict. Section 379, Code.

SEC. 1800. 1. The two hundred inhabitants must be contained within the limits of the town or village. 70 Iowa, 434. Additional territory should be given by the board in forming the new independent district. Usually, territory equivalent to about four government sections, will constitute a proper district.

2. An independent district cannot be formed from a city, town or village situated within an independent district, because no district township board can estabish the boundaries, as provided by sections 1801 and 1805.

its limits, may be constituted a separate school district; and territory contiguous to such city, town or village, may be included with it as a part of said separate district, in the manner hereinafter provided. The village herein mentioned shall be understood to be a collection of inhabitants residing within the limits of a town plat, and not organized into a city or incorporated town.

SEC. 1801. At the written request of any ten legal voters residing in such city or town, the board of directors of the district township shall establish the boundaries of the contemplated school district, including such contiguous territory as may best subserve the convenience of the people for school purposes, and shall give at least ten days' previous notice of the time and place of meeting of the electors residing in said district, by posting written notices in at least five conspicuous places therein; at which meeting the said electors shall vote by ballot, for or against, a separate organization.

SEC. 1802. (As amended by Chap. 27, Laws of 1874, and Chap. 143, Laws of 1880.) Should a majority of votes be cast in favor of such separate organization, the board of directors of the district township, shall give similar notice of a meeting of the electors for the election of six directors. Two of these directors shall hold their office until the first SEC. 1801. 1. The contemplated independent district must include all of the city, town or village, and may include as much contiguous territory as the board thinks proper. It is not limited by subdistrict lines, but may, if necessary, include a part or all of two or more subdistricts. S. L. Decisions, 113 and 133.

2. When the boundaries extend beyond the limits of a town or city, they must conform to lines of congressional divisions of land. Note 1 to section 1800.

3. The board of the district township in which a majority of the voters of the contemplated independent district reside, may establish the boundaries of said district without the concurrence of any other board, even when said territory is taken from two or more civil townships in the same or adjoining counties. Section 1805.

4. The notices of the election to determine the question of a separate organization should state clearly the boundaries of the proposed district.

5. All of the electors residing within the proposed limits must be permitted to vote on the question of separate organization. 17 Iowa, 85.

6. The president and secretary of the district township should act as chairman and secretary of this meeting, and as judges of election; in their absence a chairman and secretary should be chosen by the electors.

7. At the meeting to determine the question of separate organization the polls must remain open from 9 o'clock a. m. until 4 o'clock p. m. 34 Iowa, 306.

SEC. 1802. 1. The first board will enter upon the discharge of official duties as soon as qualified, and organize by electing a president, a secretary and a treasurer; the term of office of the president will expire on the third Monday in March following his election, of the secretary and treasurer on the third Monday in September after their election.

2. The secretary should immediately file with the county superintendent, auditor and treasurer, each, a certificate, showing the officers of the board, and

annual meeting after their election, and until their successors are elected and qualified; two until the second, and two until the third annual meeting thereafter; their respective terms of office to be determined by lot. The six directors shall constitute a board of directors for the district, and they shall, at their first regular meeting in each year, elect a president from their own number; and at their meeting on the third Monday of September in each year, a secretary and treasurer to be chosen outside of the board; provided that in all independent districts having a population of less than five hundred, there shall be three directors elected, who shall organize by electing a president from their own number, also a secretary, who may or may not be a member of the board, and a treasurer, who shall not be a member of the board; and provided further that in all independent districts already organized, the terms of office of such directors as may have been chosen previous to the taking effect of this section for two or three years, shall not be interfered with by its passage.

their post office address, and should notify them of all subsequent changes made in the officers of the board. Section 1736 and note.

3. In all independent districts the president is chosen by the board from their own number on the third Monday in March. He has the right to vote on all questions coming before the board. Note 3 to section 1739.

4. The secretary and treasurer are elected on the third Monday in September. In districts containing over five hundred inhabitants, they must be chosen outside of the board. In districts containing less, the secretary may or may not be chosen from the board, but the treasurer must be chosen outside the board. If a member of the board, of course the secretary has a vote.

5. The secretary and treasurer have ten days in which to qualify. Section 1721. 6. Where the law requires a certain duty to be performed by the board upon a fixed day, as for instance the election of a secretary and a treasurer, an adjournment of the meeting to another fixed date will allow the transaction of the business directed to be done on the day of the regular meeting. 75 Iowa, 196. Note to section 1721.

7. In case the board fails to elect an officer on the day fixed by law, or at an adjourned meeting the day of which was fixed at adjournment, the incumbent holds over, and should qualify anew. Section 690, Code.

8. If the treasurer continues in office by reason of failure to elect a successor, his bond should be renewed and he should produce and account for the funds in his hands, and the statement of such settlement should be indorsed on his new bond. Note 7 to section 1747.

9. All proceedings connected with the organization of the district should be recorded by the secretaries in the records of the districts, so that the facts concerning its formation and organization may be readily obtained, in case the validity of the proceedings should ever be questioned.

10. The last official census will, as a general rule, be sufficiently accurate to determine questions relating to the population, but in case of doubt, the actual existing facts govern, which may be ascertained by any reliable means. 77 Iowa,