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sections of land shall receive any aid under the provisions of this act. And provided further, that where a district maintains more than one separate rural school there shall be paid to such district for each school maintained such amount as is necessary to enable the district to maintain seven months of school with a legally qualified teacher in each such school; Provided, that no district maintaining more than one rural school shall receive a share of apportionment for any school maintained in and for a division of territory less than twelve square miles; Provided further, that no district formed after the passage of this act, containing less than twenty square miles shall receive state aid under this act. Funds derived from this appropriation can be applied only in payment of teachers' warrants for the current year. Provided further, that where a district contains less than twelve sections of land and has voted the maximum levy in accordance with the statutes, the state superintendent of public instruction may, with the consent and advice of the county superintendent, arrange for the schooling of the children in said district for the period of seven months or pro rata in accordance with section 11551. Sec. 11551. If the amount available is not suficient to pay the full sum to which each district is entitled under the provisions of this act, it shall be divided pro rata among the several school districts entitled thereto in proportion to the amounts asked for by the county superintendents; Provided further, that where topographical conditions make consolidation impossible the state superintendent of public instruction may at his discretion award aid to districts containing less than twelve sections.
6750 Sec. 51. State aid to weak districts. It shall be the duty of the county superintendent of the proper county on or before the second Monday in October of each year to certify, under oath, to the state superintendent of public instruction the number of districts entitled to state aid under the provisions of the next preceding section, the amount each should receive and such other items as may be required by the state superintendent of public instruction. It shall be the duty of the state superintendent of public instruction on or before the last Monday in December of each year, to certify the amounts of state aid due the several districts under the provisions of the next preceding and next following sections, to the several county superintendents and the amounts due the several counties to the state auditor, who shall draw warrants on the state treasurer in favor of the various counties for the sums so specified by the state superintendent of public instruction. The state treasurer shall remit said amounts to the county treasurer of the several counties who shall place it to the credit of the proper districts of their counties in accordance with the instructions of the state superintendent as certified to by the county superintendents thereof.
6751 Sec. 52. Superintendent apportion to several districts—how.To determine the amount to be apportioned to each district, the county superintendent shall find the estimated expenditures of the district for the current year and subtract therefrom the estimated income of that district from all sources for the same year. The estimated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus the maximum amount that can be
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raised by taxation, plus the estimated apportionment of state school funds. If said district will not receive any apportionment of money from the state school fund, then said apportionment shall not be considered in estimating the income for the current year. The estimated expenditures for the current year shall be the amount necessary to maintain the school seven months, said estimate not to exceed three hundred and eighty-five ($385) dollars.
6752 Sec. 53. Election.-The qualified voters of every new district, when assembled pursuant to legal notice, and all existing districts at their annual meetings, shall elect by ballot, from the qualified voters of such district, a moderator for three years, a director for two years, and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, their several successors shall be elected for the term of three years each, and all officers so elected shall hold their offices until their successors are elected or appointed and qualified; Provided, officers of existing organized districts shall continue and discharge the duties of their several offices until the expiration of the same.
One who is not a resident of a school district is not eligible to any district office therein. All the qualifications necessary for a school district officer is that he be a legal voter in the school district.
In case a person assumes under color of right, a school district office, and performs the duties of such office, being permitted by the district in the discharge of such duties, he is a de facto officer so long as he is permitted to act in that capacity, and his acts as such officer are binding upon the district.
Section 53, article 3, of the School Laws provides that school district officers shall be elected by ballot. However, in case, by the proper motion being carried, the secretary or clerk is instructed to cast the ballot of the meeting for an officer, it would be construed to be an election by ballot within the meaning of the section just refcrred to.
A plurality vote elects, that is, the one receiving the highest number of votes cast is elected.
The school law makes no provision for casting lots in case of a tie vote on member of a school board, and it is not a legal process of selecting an officer. Another ballot should be taken.
Where a district officer is elected by acclamation for the full term at the annual meeting and has performed the duties of his office for a time extending beyond the next annual election, he is entitled to the office the full term for which he was elected.
District officers must be elected by ballot. No authority to adjourn annual meeting for the election of officers. 15 Neb., 444.
6753 Sec. 54. New district.— When a new district is organized and the officers elected at any other time than at the annual meeting, the
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time intervening between the date of organization and the beginning of the next school year shall constitute the first year in the term of such officers.
6754 Sec. 55. Acceptance within ten days.—Within ten days after their election,'these several officers shall file with the director a written acceptance of the offices to which they shall have been respectively elected, which shall be recorded by the director.
In a primary common) school district the failure of an officer-elect to file his acceptance within ten days after the annual meeting does not forfeit his office. His entrance upon the discharge of the duties of the office is sufficient. The filing of a bond by the treasurerelect is held to be sufficient acceptance.
It is not necessary that the directorof a primary common) school district take the oath of office. His filing an acceptance and assuming the duties of the office are all the necessary steps.
When a person elected to a school district fails to qualify. the old officer holds over till his successor is elected or appointed and qualified, unless the old officer holds his office by appointment. In such case there is a vacancy and the vacancy may be filled by appointment of the board, or at an election at a special meeting called for that purpose.
When a district voter is legally elected at an annual meeting to a school district office, and files his acceptance within ten days after such election, he is entitled to possession of the books and papers belonging to such office on the second Monday of July following his election; and any dispute that may arise between him and his predecessor is no ground for the remaining members of the board to declare the office vacant. It is the duty of the outgoing officer to turn over to his successor the official papers, records, etc., pertaining to his office.
The newly elected director should file his acceptance with his predecessor, or, if he had none, it should be written out and kept with the papers in his office.
An officer elected or appointed should not fail to file a written acceptance with the director; a verbal acceptance is not enough, but it is heid that the entrance upon and the dis. charge of the duties of the office is a sufficient acceptance. The filing of his bond by the treasurer-elect is held to be the same in effect as a formal written acceptance. See 30 Neb., 360.
6755 Sec. 56. District deemed organized—when.-Every such school district shall be deemed duly organized when any two of the officers, elected at the first meeting, shall have filed their acceptance as aforesaid.
In organizing a new district, great care should be taken to have all the steps legal, and to preserve full, clear, and accurate record of all the proceedings, since, during the first year after the district is organized, any charge of illegality in its formation must be met by reference to the records of its organization, and by section 8, article 1, such records are made prima facie evidence of the facts therein set forth. But after a district has been transacting regular business for a year, according to section 60, article 3 it is then held to be a legal district.
6756 Sec. 57. Failure to organize.—In case the inhabitants of any district shall fail to organize the same, in pursuance of such notice as aforesaid, the said county superintendent shall give a new notice in the manner hereinbefore provided, and the same proceeding shall be had thereon as if no previous notice had been delivered.
6757 Sec. 58. When appointed by county superintendent.-In all cases where the county superintendent of any county shall form a school district therein, and where no election for school district officers shall be held therein, it shall be the duty of the county superintendent of the county in which such district is situated to appoint the officers of such district from the legal voters thereof, which officers thus appointed shall severally file with the director a written acceptance of the offices to which they shall have been appointed, which shall be recorded by the director.
Where a tie vote occurs in the election of a school district officer, it is not within the province of the county superintendent to appoint an officer.
An outgoing officer is not competent to assist in appointing his successor, It a vacancy exists in the office the old officer is no longer competent to act on behalf of the district, and such vacancy can be filled by appointment or election.
6758 Sec. 59. Organization in such case. Every such school district, shall be deemed duly organized whenever any two of the officers thus appointed
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shall have filed their acceptance as aforesaid, and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law.
6759 Sec. 60. Organization presumed.-Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year.
6760 Sec. 61. Vacancy.—District officers appointed to fill vacancies shall hold their office until the beginning of the next school year. Officers elected at a special meeting shall serve for the remainder of the unexpired term, and until their successors are elected and qualified.
6761 Sec. 62. Officer not be employed as teacher-exception.—No person holding a school district office shall be employed to teach in the district of which he is an officer, unless upon a petition signed by two-thirds of the legal voters of the district, which petition shall be filed with the papers of the district. The contract of such officer shall be made by the other members of the district board.
6762 Sec. 63. Disputed accounts.—Whenever a director or moderator refuses to sign orders on the treasurer, or the treasurer thinks it best to refuse the payment of orders drawn upon him, the difficulty shall be referred for adjudication to the county superintendent, who shall proceed at once to investigate the matter, and if he finds that the officer complained of refuses through contumacy or for insufficient reasons, it shall be the duty of the superintendent, on behalf of the district, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. This, however, will not prevent a party in a proper case from bringing an action in his
Cited 19 Neb., 565; 32 Id., 354; 35 Id., 655.
POWERS AND DUTIES OF DISTRICT OFFICERS.
6763 Sec. 64. Moderator-powers of.—The moderator shall have power, and it shall be his duty to preside at all meetings of the district, to countersign all orders upon the treasurer for money to be disbursed by the
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district and all warrants of the director on the county treasury for moneys raised for district purposes or apportioned to the district by the county superintendent, to administer the oath to the director and treasurer of the district of which he is moderator when such an oath shall be required by law in the transaction of the business of the district, and to perform such other duties as may be required of him by law. If the moderator be absent from any district meeting the qualified voters present may elect a suitable person to preide at the meeting.
The moderator has a right to vote at school district meetings on all questions pertaining to school matters. In case of a tie vote, however, he could not cast a second vote to break the tie.
A moderator of a school district is not required to take an oath of office. 30 Neb., 360.
When a person elected to the office of moderator of a school district fails to file with the director of the district bis written acceptance of the office, but immediately after his election enters upon the discharge of his official duties, by presiding at school district meetings, countersigning school orders and performing all other duties required by law of such officer, without objection from anyone, for more than a year, held, that the failure to file a written acceptance did not forfiet his title to the office. 30 Neb., 360.
One B., moderator of a school district, refused to sign a report to the county clerk of the lawful taxes voted by his district at the annual meeting. Held, that it being a duty enoined by law, he would be compelled by mandamus to sign the same. 11 Neb., 359.
A moderator refused to sign an order properly drawn upon the treasurer and the matter was submitted for adjudication to the county superintendent, who, after investigation, found that the officer refused to sign the order for insufficient reasons. Held, that under the statute the county superintendent had the right. on behalf of the district to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. 35 Neb., 655.
When the moderator refuses to sigì orders legally issued by the director, he can be compelled to do so by mandamus. (See section 63, article 3.)
When the moderator is absent from a district meeting, one should be appointed. The director is clerk of the meeting, and has no right to preside in the absence of the moderator.
6764 Sec. 65. Disorderly conduct at meetings.-If at any district meeting any person shall conduct himself or erself in a disorderly manner, and after notice of the moderator or person presiding, shall persist therein, the moderator or person presiding may order him or her to withdraw from the meeting, and on his or her refusal, may order any constable, or any other person or persons to take him or her into custody until the meeting shall be adjourned.
6765 Sec. 66. Same-penalty.—Any person or persons who shall refuse to withdraw from such meeting on being so ordered as provided in the preceding section or who shall wilfully disturb such meeting shall, on conviction thereof, be fined a sum not exceeding twenty dollars.
For penalty for disturbing any school, society, or meeting convened for improvement in music, letters, or for social improvement, see Criminal Code, Annotated Statutes.
6766 Sec. 67. Treasurer-bond.—The treasurer of each district shall within ten days after the election, execute to the county and file with the director a bond of not less than five hundred dollars in any instance, nor less than double the amount of money as near as can be ascertained, to come into his hands as treasurer and at any one time, with sufficient sureties, to be approved by the director and moderator, conditioned for the faithful discharge of the duties of his office; such bond when approved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond, his office shall be declared vacant by the district board and the board shall immediately appoint a treasurer, who shall be subject to the same conditions and possess the same powers as if elected to that office.
In case a district treasurer-elect fails to file a bond within the prescribed time, the old