in any year, the same shall be added to and collected with the taxes of the year following; and the county treasurer shall pay over to the treasurers of the respective school districts all taxes he may have collected for the said districts, on the order of the district clerk, countersigned by the director, subject to the proviso contained in section fifty-two [sec. 57, art. 4] of this act.

Records and Reports.-SEC. 61. [Laws 1876, Ch. 122, Art. 4, Sec. 18.] The treasurer shall keep a book in which he shall enter all the moneys received and disbursed by him, specifying particularly the sources from which money has been received, and the person or persons to whom and the objects for which the same has been paid out. He shall present to the district at each annual meeting a report in writing, containing a statement of all moneys received by him from the county treasurer during the year; also all moneys collected by him during the year from assessments in the district, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, which report shall be recorded by the district clerk; and at the close of his term of office shall settle with the district board, and shall hand over to his successor said book, and all receipts, vouchers, orders and papers coming into his hands as treasurer of the district, together with all the moneys remaining in his hands as such treasurer.

Prosecution.-SEC. 62. [ Laws 1876, Ch. 122, Art. 4, Sec. 19.] If any district treasurer shall refuse or neglect to pay over any money in his hands belonging to the district, it shall be the duty of his successor in office to prosecute, without delay, the official bond of such treasurer for the recovery of such money.

School House.-SEC. 63. [Laws 1876, Ch. 122, Art. 4, Sec. 21.] The district board shall purchase or lease such a site for a school house as shall have been designated by the voters at a district meeting, in the corporate name thereof, and shall build, hire or purchase such school house as the voters of the district in a district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any school-house site or other property of the district, and if necessary, execute a conveyance of the same in the name of their office, when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district.

School Property.-SEC. 64. [Laws 1876, Ch. 122, Art. 4, Sec. 22.] The district board shall have the care and keeping of the school house, and other property belonging to the district. They shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian, and to take charge of the school apparatus belonging to the district.

Non-resident Pupils.-SEc. 65. [Laws 1876, Ch. 122, Art. 4, Sec. 23.] The district board shall have power to admit scholars from adjoining districts.

Teachers.—SEC. 66. [Laws 1876, Ch. 122, Art. 4, Sec. 24.] The district board in each district shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing, and shall specify the wages per week or month as agreed upon by the parties, and such contract shall be filed in the district clerk's office; and, in conjunction with the county superintendent, may dismiss for incompetency, cruelty, negligence, or immorality.

Necessary Appendages.-SEC. 67. [Laws 1876, Ch. 122, Art. 4, Sec. 25.] The district board shall provide the necessary appendages for the school house during the time a school is taught therein, and shall keep an accurate account of all expenses thus incurred, and present the same for allowance at any regular district meeting.

Suspend Pupil; Appeal.-SEC. 68. [Laws 1876, Ch. 122, Art. 4, Sec. 26.] The district board may suspend, or authorize the director to suspend, from the privileges of a school, any pupil guilty of immorality or persistent violation of the regulations of the school, which suspension shall not extend beyond the current quarter of the school: Provided, That the pupil suspended shall have the right to appeal from the decision of said board of directors to the county superintendent, who shall, upon a full investigation of the charges preferred against said pupil, determine as to his guilt or innocence of the offense charged, whose decision shall be final.

School Duties-SEC. 69. [Laws 1876, Ch. 122, Art. 4, Sec. 27.] The district board shall furnish each teacher with a suitable daily register, and shall visit together, or by one or two of their number, all the schools of their district, at least once a term, and at such other periods during the term as in their opinion the exigencies of each school may require; at which visits they shall examine the register of the teacher and see that it is properly kept, and inquire into other matters touching

SEC. 66. (a) In view of this section, read in connection with section 94, which makes it the duty of the county board of examiners to examine all persons proposing to teach in the common schools of the county, it is held (1) that a "qualified" teacher is one holding a legal certificate in force at the time of opening school, and (2) that a school taught by a person not holding such certificate is not, within the meaning of the law, a "common school." As the "qualification" of a teacher begins at the date of issue, and ends at the date of expiration, of the certificate which confers the qualification, it is the duty of the district board to see to it that a teacher in their employ, whose certificate expires during school term, shall, at the risk of dismissal upon the expiration of said certicate, preserve the status of a “qualified" teacher in the only way allowable by law, i. e., by procuring, in season, a new certificate by "passing" at a public examination lawfully held.

(b) The district board cannot legally contract with or hire a qualified teacher who is a member of the board. A contract made by a district board with one of their own number, being contrary to public policy, is held to be null and void.

(c) A district board cannot dismiss a teacher without the concurrence of the county superintendent.

the school house, facilities for ventilation, furniture, apparatus, library, studies, discipline, modes of teaching, and improvement of the school; shall confer with the teacher in regard to condition and management, and make such suggestions as in their view would promote the interest and efficiency of the school, and the progress and good order of the pupils. The date and results of such visits shall be entered by the clerk of the board on their minutes.

Uniformity of Text-Books.-SEC. 70. [Laws 1879, Ch. 157, Sec. 1.] The district board, each board of education, and each and every school-district board, shall require a uniform series of text-books to be used in each separate branch of study in each school; but each board shall determine for itself, within six months from the passage of this act, the particular series of text-books which shall be used, and when such selection of text-books shall hereafter be adopted and introduced in pursuance of the provisions of this act by said boards, no change shall be made for a period of five years from the date of such introduction of any particular series of text-books, unless four-fifths of the legal voters of any such district shall petition for a change in the series of text-books adopted; but no member of the said boards, or either of them, nor any teacher, while employed as such teacher, shall act as agent for any author, publisher or bookseller, nor shall any member of the said boards, or either or any one of them, or any employed teacher, directly or indirectly receive any gift, emolument or reward for his or her influence in recommending or introducing any book, school apparatus or furniture of any kind whatever.

Penalty.-SEC. 71. [Laws 1879, Ch. 157, Sec. 2.] That any member of any school-district board or board of education who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period not less than six months, or by both such fine and imprisonment; and any teacher who shall violate any of the provisions of this act shall be liable to immediate dismissal.

Disposition of Fines.-SEC. 72. [Laws 1879, Ch. 157, Sec. 3.] All fines collected for any violation of this act shall be paid to the treasurer of the county where the suit is brought, for the support of common schools.

Taxes.-SEC. 73. [Laws 1876, Ch. 122, Art. 4, Sec. 30.] It shall be the duty of the school-district boards of the various school districts in the respective counties of the state to cause to be certified by the schooldistrict clerk to the county clerk of their respective counties, on or be

fore the 25th day of August, annually, the aggregate percentage by them levied on the real and personal property in each district, as returned on the assessment roll of the county; and the county clerk is hereby authorized and required to place the same on the tax roll of said county, in a separate column or columns, designating the purpose for which such taxes were levied; and the said taxes shall be collected by the county treasurer and paid over to the treasurers of the respective school districts in the county, with the same power and restrictions and under the same regulations, and in all respects, as to the sale of real or personal property. He shall be authorized, and he is hereby required, to act according to the provisions and requisitions of the law for the collection of the taxes for state and county purposes.

Judgments.-SEC. 74. [Laws 1876, Ch. 122, Art. 4, Sec. 31.] Whenever any final judgment shall be obtained against any school district, the district board shall levy a tax on such taxable property in the district for the payment thereof. Such tax shall be collected as other school-district taxes, but no execution shall issue on such judgment against the school district; and in case the district board neglect to levy a tax as aforesaid, for the space of thirty days after such judgment shall become final, or in case the proper officer shall neglect to collect the tax levied within the time and in the manner provided by law, then the judgment creditor of the district may have and recover a judgment against the officer or officers so in default, for the amount due him on such judgment against the district, with costs, upon which execution shall issue.

Removal of School Houses, etc.-SEC. 75. [Laws 1876, Ch. 122, Art. 4, Sec. 32.] That whenever a school house or other improvements have been made upon the claim of any settler upon any of the public, Indian or railroad lands within this state, to which the said settler had no title, it shall be lawful for the school directors of the proper school district to remove the said school house or other improvements from the said claim at any time within one year from the time that the settler in any given case may acquire a title to his said claim: Provided, That if the said settler, in any given case, shall convey to said board of school directors one acre of the land upon which said school house or other improvements are situated, the same shall not be removed: And provided further, That if any school house shall have been built of stone, brick or frame, costing not less than five hundred dollars, the probate judge of the county shall appoint three disinterested persons, who shall appraise and condemn one acre of such land upon which said improvements shall have been located; and it shall be the duty of the school directors of such district to pay to the owner of such land the value of such land as found by said appraisers.

LIB

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UNIVERSITY

Use of School House.-SEC. 76. [Laws 1876, Ch. 125, Sec. 1.] The district board shall have the care and keeping of the school house and other property belonging to the district. They are hereby authorized to open the school house for the use of religious, political, literary, scientific, mechanical or agricultural societies belonging to their district, for the purpose of holding the business of public meetings of said societies, under such regulations as the school board may adopt.

ARTICLE V.-DISTRICT SCHOOLS.

277. Branches taught in public schools; instruc- 280. Penalty for violation of this article; shall not tion shall be given in the English branches. apply to officers of cities of first and second class.

78. School month defined.

79. District schools free to all resident children.

81. Pupils with contagious diseases excluded, when. 82. When a tuition fee may be assessed.

Branches Taught.-SEC. 77. [Laws 1877, Ch. 170, Sec. 1.] That in each and every school district shall be taught orthography, reading, writing, English grammar, geography and arithmetic, and such other branches as may be determined by the district board: Provided, That the instruction given in the several branches taught shall be in the English language.

School Month.-SEC. 78. [Laws 1876, Ch. 122, Art. 5, Sec. 2.] A school month shall consist of four weeks of five days each of six hours per day.

Free Schools.-SEC. 79. [Laws 1876, Ch. 122, Art. 5, Sec. 3.] The district schools established under the provisions of this act shall at all times be equally free and accessible to all the children resident therein over five and under the age of twenty-one years, subject to such regulations as the district board in each may prescribe.

Penalty.-SEC. 80. [Laws 1877, Ch. 170, Sec. 2.] The members of any district board willfully violating any of the provisions of this article, or refusing the admission of any children into the common schools, shall forfeit to the county the sum of one hundred dollars each for every month so offending during which such schools are taught; and all moneys forfeited to the common-school fund of the county under this act, shall be expended by the county superintendent for the education of such children in the school district thus denied equal educational advantages: Provided, That any member of said board who shall protest against the action of his said board in excluding any children from

SEC. 80. The words "any children," used in the opening sentence and in the proviso of this section, must obviously mean any children of school age residing in the district. Section 65 authorizes but does not require the district board to admit scholars from adjoining districts.