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ner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a school house or other district purposes.

[SEC. 79. Between the first and fifteenth days of October in each year, the inspectors shall make out and deliver to the township clerk, duplicate reports to the county clerk, setting forth the whole number of districts in their townships, the amount of money raised and received for the township library, together with the several particulars set forth in the reports of the school directors for the preceding year.]

1. The necessary forms required under section 79 are annually forwarded to the proper officers, by the Superintendent. The inspectors will perceive that the law is here materially changed since the pamphlet edition of 1848 was printed. They now cause to be made out two copies of their annual report—which are to be transmitted to the county clerk, and one should be kept by the township clerk in his office. This change was made so as to bring the reports of inspectors directly to the office of the Superintendent for his inspection, and to prevent errors in apportioning the income of the school fund. By this means the Superintendent is enabled to ascertain the manner in which the school inspectors perform their duties, as well as to receive such suggestions as they may see fit to make to him directly, in relation to the operation of the school system. The inspectors may afford material assistance in this way, to a proper understanding and development of the school system, and enable the Superintendent to suggest practical considerations to the Legislature for the improvement of the schools and the perfection of the system.

SEC. 80. The board of inspectors, before making their annual reports to the county clerk, shall examine the record of teachers to whom certificates have been given by them, and if in any school district a school shall not have been taught for three months during the preceding school year by a qualified teacher, no part of the public money shall be distributed to such district, although the report from such district shall set forth that a school has been so taught; and it shall be the duty of the board to certify the facts in relation to any such district in their report to the county clerk.

1. If a district has employed a teacher, who by reason of sickness, accident, or other cause, has been unable to teach for the term contracted, and by reason thereof, a school has not been taught for three months during the preceding school year, the district cannot receive its share of the public money. It may be paid to the teacher for the time he has taught; but if a three months' school has not been kept, the district can receive no public money.

SEC. 81. Whenever it shall be necessary or convenient to form a district from two or more adjoining townships, the inspectors, or a majority of them, of each of such adjoining townships, may form such district, and direct which township clerk shall make and deliver the notice of the formation of the same to a taxable inhabitant thereof, and may regulate and alter such district as circumstances may render necessary: [The director of such district shall make his annual report to the clerk of the township in which the school house is situated.]

1. "In the formation of a fractional school district, the concurrence of a majority of the inspectors from each of all the townships from which it is formed, is necessary. Suppose it is contemplated to form a fractional school district embracing a portion of the territory of three townships; and suppose all of the inspectors from two of the townships, and but one from the third were in favor of its formation, said district could not be formed."

2. "Whenever and wherever a fractional district exists, said district cannot be dissolved, nor its boundaries be in any way modified, without a general consent, viz: the consent of a majority of the school inspectors of each township from which the district is in part formed. The propriety of avoiding their organization, when it can be done without special inconvenience, is hence manifest."—Notes of 1848.

3. "It is the duty of the director to "report to the clerk of each township in which the district is in part situated, the number of children between the ages of four and eighteen years in that part of the district lying in such township, and books shall be drawn from the library of each township for the use of such district; but the district shall have access to but one such library at the same time, and the said inspectors shall establish the order in which books shall be drawn from each township library." Hence arises another inconvenience connected with fractional districts. They are entitled to draw books from the libraries of both or all of the townships in which they are in part situated, and hence have access to a greater number of books, it is true; but still, they are not, according to the provisions of the section under consideration, (82,) entitled to draw so many books at a time as single districts of the same size. Suppose a district is situated in part, in each of three townships, having in the township A-40 scholars between the ages of 4 and 18 years, and the townships B and C each 20, making 80 in all. The year the district draws books from town A- they are enti

tled to receive but one-half (40 is of 80) of their equitable quota of books; and the years they draw from townships B and C- but cne fourth (20 is of 80) their equal proportion. Whatever might have been the intention of the legislature, this is the only construction the language of the section will warrant."

"Some school inspectors will not allow books drawn from their township library to circulate in those parts of fractional districts situated in other townships. The statutes of the State provide that the libraries of each of the several townships in which a fractional district is in part situated, may circulate throughout said district; and this provision inspectors consent to, whenever they form a fractional district. The only way of restricting the circulation of township libraries to the townships to which they belong, (in harmony with existing provisions of law,) is, to dispense with fractional districts."-Notes of 1848.

4. Teachers of fractional districts must be examined in the township to which the annual report is required to be made, which, as the law now directs, is the township where the school house is situated. Boards of inspectors, under the law of 1848, frequently neglected to designate the township to which the annual report should be made. This report must be made to the township where the school house is situated, and to no other. But the director, according to section 82, also reports to the clerk of each township in which the district is in part situated, the number of children between the ages of four and eighteen years, in that part of the district lying in his township. This latter report is the basis of the distribution made by the clerk of moneys raised in the townships. The annual report required to be made to the township where the school house is situated is the basis of the distribution of the public money.

5. See sections 142 and 143, as to duty of supervisor and township treasurer.

6. The inspectors can neither in the case of fractional or whole districts, act by proxy. They must be present at the meetings. They cannot give their assent or dissent officially, to any act of the board without being present. The preceedings of joint boards, should be sent to the clerks of the respective townships, for record. The law does not provide for any clerk for joint boards of inspectors.

7. Joint boards of inspectors may attach to a fractional district any person who requests to be so attached. They may also fill vacancies in such fractional districts.

8. The law does not provide specially for notices of meetings of the joint boards; but it would seem to be wise to pursue the same course as the law requires of whole districts, as far as it can be done, where the law has made no provision.

9. The law has made no provision in regard to moneys in the hands of township treasurers, which have accumulated by reason of the directors of fractional districts having heretofore made reports to several townships, of the number of scholars residing in such districts.

10. The Superintendent has no authority officially, to review the proceedings of the boards of inspectors either of whole or fractional districts, or the proceedings of the district boards.

11. Fractional districts have the same power as whole districts, and their proceedings are the same in all cases, where the law does not direct otherwise.

12. A fractional district may be formed out of two adjoining townships, in two adjoining counties.

13. For manner of apportioning the income of the primary school fund, and moneys raised in the township, see section 139. The pub. lic money is to be distributed to the townships to which the annual report is to be made. The other moneys raised in any one of the townships, to the districts and parts of districts therein, in proportion to the number of children in each, of the proper age.

SBC. 82. The director of every district, formed as provided in the preceding section, shall also report to the clerk of each township in which the district is in part situated, the number of children between the ages of four and eighteen years in that part of the district lying in such township, and books shall be drawn from the library of each township for the use of such district; but the district shall have access to but one such library at the same time, and the said inspectors shall establish the order in which books shall be drawn from each township library.

SBC. 73. Such school districts already formed from two or more townships, shall continue to be governed by the regulations established according to law, in relation to the annual reports, and the drawing of books from the township libraries, subject to such changes as may be made in respect thereto by the said inspectors, in conformity with the preceding provisions.

SEE. 84. The full amount of all taxes to be levied upon the taxable property in such districts, shall be certified by the district board to the su

pervisor of each of such townships, and each of said supervisors shall certify to each other supervisor within whose township such district is in part situated, the amount of taxable property in that part of the district lying in his township; and such supervisors shall respectively ascertain the proportion of such taxes to be placed on their respective assessment rolls, according to the amount of taxable property in each part of such district.

SEC. 85. It shall be the duty of the inspectors to examine annually, all persons offering themselves as candidates for teachers of primary schools in their townships, in regard to moral character, learning and ability to teach school; and they shall deliver to each person so examined and found qualified, a certificate signed by them, in such form as shall be prescribed by the Superintendent of Public Instruction; which certificate shall be in force for two years from the date thereof, unless annulled within that time; and no person shall be deemed a qualified teacher within the meaning of this chapter, who has not such a certificate in force.

1. This duty the law contemplates shall be performed by all three of the inspectors, but a majority may act, examine candidates, and sign certificates, the township clerk having the same power and authority as either of the inspectors.

2. The examination is to be public, and no certificate is to be given unless the inspectors are satisfied that the applicant possesses a good moral character and a thorough and accurate knowledge of the several branches of study usually taught in primary schools, and is in other respects competent to teach and govern a school.

3. If the applicant is found to be qualified, the inspectors deliver to him a certificate in the form prescribed by the Superintendent of Public Instruction. This certificate, by the express terms of the law, continues in force two years, unless annulled according to section 90. No certificate can be legally given in any other form, or for a longer or shorter time. There is no discretion vested with inspectors to adopt any modified or qualified form of certificate. It should be made out and delivered to every person found to be qualified, immediately after examination, and should be in the possession of the teacher when he commences his school, or he is not entitled to public money.

4. The law makes no restriction as to who shall be examined. It is the duty of the inspectors to examine all persons who offer themselves as candidates for teachers in their township. A school inspector may be examined as a teacher, but when he presents himself as a candidate, he must cease to act as an inspector. He must stand before the other members of the board like any other appli

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