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ters shall not be determined at the annual or any special meeting, it shall be the duty of the district board to determine the same.
Change of Site.-SEC. 39. [Laws 1874, Ch. 122, Sec. 1.] That [in] school districts having school houses the value of which is not less than four hundred dollars, the school-house site shall not be changed except by a vote of at least two-thirds of the legal voters of the district in favor of such change.
Appraisement.--Sec. 40. [Laws 1874, Ch. 122, Sec. 2.) The value of school houses in districts desiring to change the school site shall be determined by three appraisers, who shall be freeholders, chosen at a district meeting by the qualified electors of the district.
Site Condemned. -SEC. 41. [Laws 1874, Ch. 122, Sec. 3.] In case any school district cannot otherwise obtain title to the site selected by such school district, it shall be the duty of the probate judge of the county in which such school-house site is located to appoint three disinterested freeholders to appraise and condemn such site—not to exceed one acre; and such appraisers shall proceed to assess and condemn such site, and upon payment by said district board of such appraisement the title to such site shall vest in said district: Provided, That such district board or the owner of the land so condemned shall be entitled to an appeal from such appraisement in such manner and upon such conditions as appeals are made from decisions of justices of the peace.
ARTICLE IV.-DISTRICT OFFICERS. 842. Officers; term of office.
261. District treasurer shall keep account, etc.; 43, Official oath.
shall report in writing at annual meeting. 44. Forfeiture of office; vacancy, how filled. 62. Procedure, if he does not pay over moneys to 45. Duty of director.
his successor. 46. Duty of district clerk.
63. Powers and duties of school-district board ; 47. Clerk shall be ex-officio clerk of all district shall execute all lawful orders of district. meetings.
64. Shall have care of property of district. 48. Shall draw orders on the district treasurer. 65. May admit non-resident pupils, when. 49. Clerk's annual report; to whom made, when 66. Shall hire qualified teachers; may dismiss and how.
teachers for cause. 50. Shall report to each county superintendent; 67. Shall provide necessary appendages, when. joint district.
68. May suspend a pupil for cause; appeal. 51. Penalty for false report.
69. Shall furnish teacher with daily register; shall 52. District clerk shall report to county clerk a visit schools. list of resident tax-payers.
70. Shall require uniformity of text-books. 53. Fine for failure to report district tax to county 71. Penalty. clerk.
72. Disposition of fines. 54. Shall report to county superintendent, what. 73. Shall cause district clerk to certify to county 55. District and city clerks, and clerks of boards clerk the percentage of district taxes, when.
of education, shall report bonded indebted- 74. Judgments, how obtained; the board liable, ness to county clerk.
when. 56. Fine for not delivering records to successor. 75. The board may remove school house or other 57. District treasurer shall execute bond.
improvement, when; probate judge may ap58. Shall pay school moneys, on whose order.
point appraisers to condemn site, etc. 59. Shall receive school moneys from county treas- 76. May open school house for the use of religious, urer, on whose order.
political, literary, scientific, mechanical, or 60. District taxes voted but not levied in any year agricultural societies.
shall be collected with taxes of the year fol-
Officers; Term.-SECTION 42. [Laws 1876, Ch. 122, Art. 4, Sec. 1.] The officers of each school district shall be a director, clerk, and treasurer, who shall constitute the district board, and who shall be elected and hold their respective offices as follows: At the annual meeting in eighteen hundred and seventy-four there shall be elected a director who shall hold his office for three years, and a clerk who shall hold his office for two years, and a treasurer who shall hold his office for one year; and thereafter at each annual meeting there shall be elected one member of said board in place of the outgoing member, who shall hold his office for three years and until his successor shall be elected and qualified.
Official Oath.-SEC. 43. [Laws 1876, Ch. 122, Art. 4, Sec. 2.] School-district officers, before entering upon their official duties, shall take an oath to faithfully perform said duties; and the chairman of any regular or special meeting is hereby authorized and empowered to administer such oath.
Office Forfeited.—SEC. 44. [Laws 1876, Ch. 122, Art. 4, Sec. 2.] Every person duly elected to the office of director, clerk or treasurer of any school district, who shall refuse or neglect, without sufficient cause, to qualify within twenty days after his election or appointment, or who having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by the provisions of this act, shall thereby forfeit his right to the office to which he was elected or appointed, and the county superintendent shall thereupon appoint a suitable person in his stead.
Director.-SEC. 45. [Laws 1876, Ch.122, Art. 4, Sec. 4.] The director of each district shall preside at all district meetings, and shall sign all orders drawn by the clerk, authorized by a district meeting or by the district board, upon the treasurer of the district, for moneys collected or received by him to be disbursed therein. He shall appear for and in behalf of the district, in all suits brought by or against the district, unless other direction shall be given by the voters of such district, at a district meeting.
Clerk.-SEC. 46. [Laws 1876, Ch. 122, Art. 4, Sec. 5.] The clerk of each district shall record the proceedings of his district in a book provided by the district for that purpose, and enter therein copies of all reports made by him to the county superintendent; and he shall keep and preserve all records, books and papers belonging to his office, and deliver the same to his successor in office.
SEC. 42. The officers of a school district constitute the board of directors in such a sense as to be able to transact the school business of the district only when in session as a district board. As the law is silent as to how, when and where the district board shall be convened, each board should adopt a set of rules for its own government.
Under the provisions of this section, a treasurer should be elected at the annual meeting in Au
Sec. 43. A district officer can qualify before the chairman of a district meeting, the county supertendent, or any one authorized by law to administer oaths, as a justice of the peace, or notary.
SEC. 44. A county superintendent cannot remove a district officer. Such removal can be made only by an action brought in court. The vacancy being declared, the county superintendent shall appoint, No petition is required.
Clerk of the Board.—SEC. 47. [Laws 1876, Ch. 122, Art. 4, Sec. 6.] The said clerk shall be clerk of the district board and of all district meetings, when present; but if such clerk shall not be present at any district meeting, the voters present may appoint a clerk of such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the clerk of the district.
Draw Orders.—SEC. 48. [Laws 1876, Ch. 122, Art. 4, Sec. 7.] The clerk of the district shall draw orders on the treasurer of the district for moneys in the hands of such treasurer which have been apportioned to or raised by the district, to be applied to the payment of teachers' wages, and apply such money to the payment of the wages of such teachers as shall have been employed by the district board ; and said clerk shall draw orders on the said treasurer for moneys in the hands of such treasurer to be disbursed for any other purpose ordered by a district meeting or by the district board, agreeably to the provisions of this act.
Annual Report.-SEC. 49. [Laws 1876, Ch.122, Art. 4, Sec. 8.] The clerk of each district shall, at least five days previous to the time of the annual meeting in August in each year, make a written report, which he shall submit and read to the legal voters of the district at the annual meeting, for their information and consideration. If any change or alteration therein be necessary, the same shall be made, and it shall then be transmitted to the county superintendent of public instruction. Said report shall show: First, the number of children, male or female, designated separately, residing in the district or part of district on the last day of July previous to the date of such report, over the age of five and under the age of twenty-one years; second, the number of children attending school during the year, their sex, and branches studied; third, the length of time a school has been taught in the district by a qualified teacher, the name of the teacher, the length of time taught, and wages paid; fourth, the amount of money received from the county treasurer, arising from disbursement of the state annual school fund, the amount received from district taxes, and the amount received from all other sources during the year, and the manner in which the same has been ex
SEC. 47. In transacting the school business of the district, the members of the board should meet as a district board, the clerk making a complete record of all proceedings.
SEC. 48. Should the director or other member of the board refuse to sign a legal order, payable to any party legally entitled to receive it, such officer may be compelled, by writ of mandamus, to sign.
pended; fifth, the amount of money raised by the district in such year, and the purposes for which it was raised; sixth, the kind of books used in the school, and such other facts and statistics in regard to the district school as the county superintendent may require.
Joint District.—SEC. 50. [Laws 1876, Ch. 122, Art. 4, Sec. 9.] Whenever a school district shall lie partly in two or more counties, the clerk of such district, in making his annual report, shall carefully designate the number of children resident in the parts of the counties composing the district, and shall report to the county superintendent of public instruction of each of the counties in which such district may be partly situated.
Penalty.-SEC. 51. [Laws 1876, Ch. 122, Art. 4, Sec. 10.] Every clerk of a district who shall willfully sign a false report to the county superintendent of his county shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding three months.
Report to County Clerk.-Sec. 52. [Laws 1876, Ch. 122, Art. 4, Sec. 11.] It shall be the duty of the several district clerks in this state to make out a certified list of all persons residing within their respective districts liable to pay taxes, and transmit the same to the county clerks of their respective counties on or before the 25th day of August, annually, except in incorporated cities.
Failure to Report.—Sec. 53. [Laws 1876, Ch. 122, Art. 4, Sec. 12.] Any district clerk who shall fail to report the tax voted by his district to the county clerk, as is provided by law, shall be liable to a fine of not less than fifty dollars; and it is hereby made the duty of the county superintendent to have the provisions of this act enforced.
Other Reports.—SEC. 54. [Laws 1876, Ch. 122, Art. 4, Sec. 13.] The district clerk shall report to the county superintendent, in writing, the names and post-office address of the district officers elect, within two weeks after the said officers shall have been elected or appointed and qualified. The clerk shall also report to the county superintendent the time of the commencement of each term of school, within two weeks from the commencement of such term.
Report of Indebtedness.—SEC. 55. [Laws 1877, Ch. 90, Sec. 1.] That in addition to the duties now required by law of the following offcers, to wit, township clerks, and clerks of incorporated cities, schooldistrict clerks, and clerks of boards of education, they shall each of them make and transmit to the clerk of their respective counties, on or before the 5th day of July in each year, a complete certified statement of the floating and bouded indebtedness, with date of issuing and of maturing of outstanding bonds, amount of sinking fund, if any, for redeeming the same, and such other information as may be required by the county clerks concerning the financial condition of their respective townships, cities or districts; and when no outstanding indebtedness exists, such fact shall be reported.
Records. - SEC. 56. [Laws 1876, Ch. 122, Art. 4, Sec. 20.] Every school-district clerk or treasurer who shall neglect or refuse to deliver to his successor in office all records, books and papers belonging to his office, shall be subject to a fine not exceeding fifty dollars.
Treasurer; Bond.—SEC. 57. [Laws 1879, Ch. 156, Sec. 1.] The treasurer shall execute to the district a bond in double the amount, as near as can be ascertained, to come into his hands as treasurer during the year, with sufficient securities, to be approved by the director and clerk, conditioned to the faithful discharge of the duties of said office. Such bond shall be justified by the affidavit of the principal and his sureties: Provided, That the director of the district or the county superintendent of public instruction shall be authorized to administer the oaths in the justification of the treasurer and his sureties. And said bond shall be filed with the district clerk, and in case of the breach of any condition thereof, the director shall cause a suit to be commenced thereon, in the name of the district, and the money collected shall be applied by such director to the use of the district, as the same should have been applied by the treasurer; and if such director shall neglect or refuse to prosecute, then any householder in the district may cause such prosecution to be instituted.
Duties. -SEC. 58. [Laws 1876, Ch. 122, Art. 4, Sec. 15.] The treasurer of each district shall pay out, on the order of the clerk, signed by the director of the district, all public moneys which shall come into his hands for the use of the district.
Receive School Moneys.—Sec. 59. [Laws 1876, Ch. 122, Art. 4, Sec. 16.] The county treasurer shall pay to each district treasurer in the county all school moneys in the county treasury belonging to the district, upon the order of the director and clerk of the district: Provided, That said order shall be accompanied by a certificate from the district clerk stating that the treasurer of the district has executed and filed his boņd as required by law.
District Taxes.-SEC. 60. [Laws 1876, Ch, 122, Art. 4, Sec. 17.] Where a school-district tax has been voted, and from the fault or negligence of any officer or any other cause has not been levied and collected
SEC. 57. It is not proper for either the director or the clerk to become surety for the treasurer. The bond should be executed before the treasurer is sworn. The bond becoming insufficient from any cause, the director and clerk may require the bond to be made good.