the new one is entitled. 4 Neb., 267. Where there is no finding or determination whatever by the superintendent as to property of any kind retained by a district out of which a new district was formed, his certificate to the county clerk, stating the amount of tax to be levied on the old district to be paid to the new when collected, is a nullity. 6 Neb., 539. Certifi cate of superintendent of amount found due, sufficient to authorize levy of tax. 12 Neb., See also, 13 Id., 177. 17 Id., 177. 19 Id., 485.

327.

Sec. 10.-(11509)-Amount due in installments. If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new district shall be entitled as aforesaid shall be apportioned so as to come due in installments proportionately at such times as the original indebtedness shall become due to the creditors of the old district.

Sec. 11. (11510)-Certificate of amount due. The amount of such proportion, when so ascertained and determined, shall be certified to by the county superintendent to the county clerk, who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the schoolhouse or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district.

The action of the district is not required to levy the tax thus made necessary, and it is beyond its control. The county commissioners are the proper persons to levy it. The whole amount need not be levied at once, but may be put into two or more levies.

Sec. 12.-(11511)-When collected, such amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a schoolhouse or other district purposes.

Sec. 13.-11512)-Sale of schoolhouse. Whenever, by the division of any district, the schoolhouse or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which such schoolhouse and site shall be located may, when ordered by the district, advertise and sell the same at public or private sale, and apportion the proceeds; Provided, That when sold at private sale such sale shall not be binding until approved by the district interested.

For errors of judgment and mistakes in the performance of this onerous duty the super ntendent is not pecuniarily responsible, unless there is evidence of fraud. The superintendent should take ample time and acquaint himself fully with the facts.

Sec. 14. (11513)-Division of money.-The money arising from the sale of schoolhouse and site, or otherwise, except teachers' fund shall be divided among the several districts created in whole or in part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division.

Sec. 15.—(11514)—Teachers' fund.-Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the number

of scholars in each district at the time of said division. The money designated in this and the preceding section shall be divided at once, and not in the manner provided in section 11 of this subdivision.

Money on hand when a district is divided is to be treated as follows: The teachers' fund, including proceeds of tax for teachers' wages and the state apportionment, according to section 15; that is, in proportion to the number of children in the district at the time of division. The remaining funds (both in county and district treasury) will be divided according to section 14; that is, in proportion to the taxable property of the districts concerned.

When a county superintendent has ordered money paid by one district to another, and the district neglects or refuses to pay it, the treasurer of the district to which the money is due may apply to the court for a mandamus to compel the officers of the delinquent dis trict to pay the money.

Sec. 16.-(11515)-Unbonded indebtedness. Whenever a new district shall be organized from the territory of a former district, and there shall be any indebtedness of such former district which shall not be bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of schoolhouse or other property, and such new district shall be entitled to only the value of its proportionate share of such property after deducting its like share of such indebted

ness.

Where several districts are consolidated, the new district not only becomes invested with the property rights of the former, but also becomes answerable for their debts. 51 Neb. 1.

Sec. 17. (11516)—Report of change in boundaries.—Every change in district boundary lires must be reported as soon as made to the county clerk and the county treasurer by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed. The county superintendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the county. Upon receiving said notification, it shall be the duty of the county treasurer to adjust the tax list of the county in accordance with the change of district boundaries, so that the uncollected taxes levied upon property that has been transferred to another school district, shall, when collected, be placed to the credit of the district to which such property has been transferred.

Sec. 18.-(11517)—Unsatisfactory division.-Whenever a district is dissatisfied with the division of school property made by the county superintendent, the points in dispute may be referred to three disinterested persons, no one of whom shall be a resident of either district interested in the matter at issue, one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final.

Sec. 19 (11518)—Arbitration. The manner of proceeding shall be substantially as follows: The district desiring an arbitration shall make a demand in writing of the county superintendent within ten days after said superintendent has made his award. The county superintendent shall notify the other district or districts, and direct them to cloose arbitrators. The county superintendent shall appoint a time and place for the hearing, at which the arbitrators shall proceed immediately to hear and determine the matter at issue according to justice and right, taking all the circumstances into consideration.

Sec. 20.-(11519)—Award.—The award of arbitrators shall be in writing and shall be filed with the county superintendent, and shall be final; Provided, That if no award is made by the committee within thirty days from the day of arbitration, the division made by the county superintendent shall be legal and valid.

Sec. 21.-(11520)-Fees of arbitrators.-The fees for such arbitrators shall be as follows: Each person engaged as arbitrator shall receive two dollors per day during the time necessarily occupied, to be paid equally by the districts.

Sec. 22.-(11521)—Joint districts.-That when persons living in two or more counties desire to form a school district, it shall be the duty of the superintendents of the respective counties to authorize the said persons to organize such district, and the reports contemplated in this chapter shall be made to the superintendents of each county, parts of which form the district, of such property or children as may be within the limits of each such organized county.

(DISMEMBERED DISTRICTS.)

Sec. 23.-(11522)-Less than three voters in district.-In case the number of legal voters in any district becomes less than three, the county superintendent shall act as the third officer of such district.

Sec. 24.

(11523)-Same-Annexation to adjoining district.-When for a continuous period of one year a district shall have less than two legal voters. residing therein, the county superintendent may, in his discretion, annex the said district to one or more adjoining districts, upon petitions signed by a majority of the legal voters of such adjoining district or districts; Provided, That if any school district shall, for two consecutive years, fail to maintain a public school, as required by law to do, it shall be the duty of the county superintendent of the county in which such district lies, to attach the territory of such district to one or more adjoining school districts. [Amended 1909.] Sec. 25.-(11524)-Same-Dissolution-Procedure-Funds -When for a continuous period of one year a district shall have less than two legal voters residing therein, (or) for a period of two consecutive years shall fail or neglect to maintain its district organization, it shall be lawful, upon a petition being presented for that purpose by the resident voter of said district, or by the county superintendent of the county in which said district is situated, for any court of competent jurisdiction of said county to authorize the county superintendent of the county in which said district is located to close up the affairs of said district. Twenty days previous to any action on the part of the county superintendent notice of such action on the part of the court shall be made public in some legal newspaper circulating in said county. The said county superintendent thus authorized shall have power, and it shall be his duty to take possession of all school property belonging to said district. If there be funds belonging to said district in the hands of the county treasurer, the county superintendent shall proceed to pay off the indebtedness of the d strict, issuing orders upon the county treasurer for the payment of such indebtedness. If there be no funds in the hands of the county treasurer to

the credit of said district, the county superintendent shall, upon order of the court, advertise and sell at public auction the school property of said district, placing the money thus obtained in the hands of the county tresaurer to the credit of the aforesaid district, and issue orders upon it as above.

Sec. 26.-(11525)—Debts—Taxes.—If any indebtedness still remain unpaid, the board of county commissioners of said county shall determine the rate of taxation necessary to pay such indebtedness, and shall cause such taxes to be levied upon all property in the said district and collected as other taxes.

Sec. 27.--(11526)—Superintendent, Bond.-Before entering upon such duties, the county superintendent shall execute a good and sufficient bond to the people of the State of Nebraska, to be approved by the judge of said court, in double the amount of the value of all property which in the opinion of the court shall be entrusted to his care.

Sec. 28. (11527)-Same-Report.-It shall be the duty of the county superintendent to file an itemized report in said court, showing the disposition of all property and money received by him in the said transaction, and said report shall be a part of the official records of said court.

Sec. 29. (11528)-Same-Compensation.-For performing the duties hereby imposed, it shall be lawful for the court to award to the county superintendent such compensation as in its judgement shall be just and right; and such amount and costs of court shall be a claim against said district.

SUBDIVISION II.-DISTRICT MEETINGS.

Section 1.-(11530)—Annual meeting.-The annual school meeting of each school district shall be held at the schoolhouse, if there be one, or at some other suitable place within the dsitrict, on the last Monday of June of each year. The officers elected as hereinafter provided shall take possession of the office to which they have been elected upon the second Monday of July, and the school year shall commence with that day.

No authority to adjourn election. 15 Neb., 447. Cited 33 Id., 335. See, also, 32, Id., 370.

Sec. 2.-(11531)—Special meeting.-Special meetings may be called by the district board, or any one of them, on the written request of any five legal voters of the district, by giving the notice required in the next succeeding section; and in all notices of special meetings the object of the meeting shall be stated, and no business shall be transacted at such meetings except such as is mentioned in the call.

Upon the presentation of a petition signed by five legal voters of the district, the board, at their discretion, or any member of the board, may call a special meeting by posting the proper notices. However, it is not obligatory upon the members of the board to call such a meeting.

A special school district meeting has no authority to determine the length of school to be held in the district the ensuing year, nor to determine at what time in the year such term shall be held. The legal action of the annual meeting upon these subjects is final.

In case a district has no school officers, the county superintendent should call a special meeting for the election of school officers upon the petition of five legal voters of said district. In case there are not five legal voters in said district, then every legal voter should sign the petition for a special meeting. If said voters should refuse to sign such petition, then the county superintendent should apply to the district court for a writ of mandamus to compel such voters to make legal provision for school in such district.

A majority of the legal voters of a district, at a special meeting, may re-consider their previous action at a special meeting. Questions which can be determined only at an annual meeting cannot be changed at a special meeting. No business can be transacted at a special district meeting except that specified in the call for said meeting; but the fact of doing business not mentioned in the call does not invalidate action with reference to business which was specified in the call.

The names of the five persons who made the request for the call should be recorded in the minutes. The district officers may constitute three of the five. When a special meeting adjourns to another time, new notices should be put up; but a failure to do this would not render the adjourned meeting illegal.

An annual or special meeting held in the evening (after night) would not be illegal. One copy of the notice of school district meetings should be posted upon the schoolhouse door.

Sec. 3.-(11532)-Notices, Contents. All notices of annual or special meetings, after the first meeting has been held as hereinbefore provided, shall state the day, hour and place of meeting, which place shall be within the district, and shall be given at least fifteen days previous to such meeting, by posting up copies thereof in three public places within the district; but no annual meeting shall be deemed illegal for want of such notice. No schoolhouse site shall be changed nor taxes voted for building, purchase or lease of a schoolhouse at any district meeting unless notices shall have been given of such meeting as above provided, including therein the fact that such subjects will then be considered.

The official certificate of the director of a school district that notice of a certain special school meeting held in said district was given by posting up notices of said meeting twenty days before the holding thereof, in three of the most public places in said district, which certificate was introduced and received in evidence under a stipulation of parties, in which it was recited that such "stipulation is for the purpose of using the same as testimony, instead of the plaintiff or defendant being obliged to take depositions to prove the same," held, to be evidence of the due publication of the notice of the calling of such special school meeting. Neb., 725.

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Sec. 4.-(11533)-Voters, qualifications.-Every person, male or female, who has resided in the district forty days and is twenty-one years old and who owns real property or personal property that was assessed in the district in his or her name at the last annual assessment, or who has children of school age residing in the district, shall be entitled to vote at any district meeting or school election held in any district, village, or city; Provided, That all electors at school elections held in cities where registration of voters is required shall comply with the provisions of such registration law before they shall be entitled to vote.

*A person who owned property in a school district on April 1 preceding the election, which property was subject to assessment, has the property qualification for a voter at school election.

Penalty for illegal voting.—This act provided that any person who shall vote in any school district in this state in which he has not actually resided ten days, or such length of time as required by law, next preceding the election, or into which he shall have come for temporary purposes merely, shall, on conviction thereof, be fined in any sum not less than twenty-five ($25) de lars or more than one hundred ($100) dollars, or be imprisoned in the jail of the proper county not more than six months.

Any person who has resided in the district forty days and is twenty-one years old, and who owns personal property that was assessed in the district in his or her own name at the last annual assessment, is entitled to vote at any district meeting. The law places no limit as to the amount of taxable property necessary to entitle the holder to vote. The chairman of the meeting has no right to demand the production of tax receipts by persons offering to vote.

The ownership of real property, which confers the right to vote at a district meeting, must be an actual and present ownership such as would entitle the voter to the use and con

*The decisions under section 4 are decisions which apply to all school districts.