Interest of

to be distributed.

the same shall have accrued by reason of any injury to, or loss of, or neglect to return any books belonging to the District Library, the same shall be collected in the name of the District, for the benefit of the District Library.

DISTRIBUTION OF THE INCOME OF THE SCHOOL FUnd.

Sec. 119. The interest of the Primary School Fund shall Sohool Fund be distributed on the first Monday of May, or as soon thereafter as is practicable, in each year, for the support of Primary Schools in the several townships in this State, from which reports have been received by the Superintendent of Public Instruction, in accordance with the provisions of this chapter, for the School year last closed, in Payable to proportion to the number of children in such townships, Co. treasur: between the ages of four and eighteen years; and the Pant of Aud. same shall be payable on the warrant of the Auditor GenGeneral. eral to the Treasurers of the several counties.

ers on war

er to receive

notify cleik

Co. treasur- Sec. 120. The several County Treasurers shall apply for moneys and and receive such moneys as shall have been apportioned of each to their respective counties, when the same shall become township. due; and each of said Treasurers shall immediately give notice to the Treasurer and Clerk of each township in his county, of the amount of School moneys apportioned to his township, and shall hold the same subject to the order of the Township Treasurer.

Justices to have juris

certain

савев.

Sec. 121. [This section has been repealed.]

Sec. 122. Justices of the Peace shall have jurisdiction in diction in all cases of assumpsit, debt, covenant, and trespass on the case against School Districts, when the amount claimed, or matter in controversy shall not exceed one hundred dollars, and the parties shall have the same right of appeal as in other cases.

Suit against

commenced.

Sec. 123. When any suit shall be brought against a district,how School District, it shall be commenced by summons, a copy of which shall be left with the Assessor of the District, at least eight days before the return day thereof.

No execution to issue against dis. trict.

Sec. 124. No execution shall issue on any judgment against a School District, nor shall any suit be brought

(Sections 119 and 120.) No township can share in this distribution unless it has made the requisite annual report; and no District that has not had a School taught therein by a qualified Teacher for three months during the School year last closed.

thereon, but the same shall be collected in the manner prescribed in this chapter.

against dis

certified to

Sec. 125. Whenever any final judgment shall be obtained Judgments against a School District, if the same shall not be removed trict to be to any other court, the assessor of the District shall cer- supervisor tify to the Supervisor of the township, and to the Director by assessor. of the District, the date and amount of such judgment, with the name of the person in whose favor the same was rendered, and if the judgment shall be removed to another court, the Assessor shall certify the same as aforesaid, immediately after the final determination thereof against the District.

fails to cer.

tificate from

Sec. 126. If the Assessor shall fail to certify the judgment if assessor as required in the preceding section, it shall be lawful for tify, party the party obtaining the same, his executors, administrators may get ceror assigns, to file with the Supervisor the certificate of justice or the justice or clerk of the court rendering the judgment, showing the facts which should have been certified by the Assessor.

clerk.

towoships,

Sec. 127. If the District against whom any such judgment if district in shall be rendered, is situated in part in two or more town- two or more ships, a certificate thereof shall be delivered as aforesaid certificate to the Supervisor of each township in which such District to supesvi is in part situated.

to be made

sor of each.

to assess

and inter.

Sec. 128. The Supervisor or Supervisors receiving either Supervisors of the certificates of a judgment as aforesaid, shall proceed amount of to assess the amount thereof, with interest from the date of judgment the judgment to the time when the warrant for the collec- est; how tion thereof will expire, upon the taxable property of the collected District, placing the same on the next township assessment ed. roll, in the column for School taxes, and the same proceedings shall be had, and the same shall be collected and returned in the same manner as other District taxes.

PENALTIES AND LIABILITIES.

and return.

neglecting

meeting,

Sec. 129. Every taxable inhabitant receiving the notice Penalty for mentioned in the first and second sections of this chapter, te serve nowho shall neglect or refuse duly to serve and return such tice of first notice, and every Chairman of the first District meeting in etc. any District, who shall willfully neglect or refuse to perform the duties enjoined on him in this chapter, shall respectively forfeit the sum of five dollars.

district offi. cers for neg.

Sec. 130. Every person duly elected to the office of Mod-Penalty on erator, Director or Assessor of a School District, who shall derfor e neglect or refuse, without sufficient cause, to accept such lect, etc. office and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any

Penalty on Inspectors not quali

lecting duty

duty required of him by virtue of his office, shall forfeit the sum of ten dollars.

Sec. 131. Every person duly elected or appointed a School Inspector, who shall neglect or refuse, without suffiying cient cause, to qualify and serve as such, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by virtue of his of fice, shall forfeit the sum of ten dollars.

Board of School In

leat.

Sec. 132. If any Board of School Inspectors shall neglect spectors lia or refuse to make and deliver to the township clerk their ble for neg annual report to the county clerk, as required in this chapter, within the time limited therefor, they shall be liable to pay the full amount of money lost by their failure, with interest thereon, to be recovered by the Township Treasurer in the name of the township, in an action of debt, or on the case. [See section 79.]

Township alork neglecting to transmit re

Sec. 133. If any township clerk shall neglect or refuse to transmit the report mentioned in the preceding section, porte, liable to the county clerk, as required in this chapter, he shall for amount be liable to pay the full amount lost by such neglect or relost. fusal, with interest thereon, to be recovered in the manner specified in the preceding section.

Co. olerk

to make an.

hable for

Sec. 134. Every county clerk who shall neglect or refuse neglecting to transmit the report required in this chapter, to be made nual report, by him to the Superintendent of Public Instruction, within amountlost. the time therefor limited, shall be liable to pay to each township the full amount which such township, or any School District therein, shall lose by such neglect or refu sal, with interest thereon, to be recovered in the manner specified in the last two preceding sections.

Money colleoted on ac

Sec. 135. All the moneys collected or received by any count of township treasurer under the provisions of either of the neglect or three last preceding sections, shall be apportioned and disposed of. distributed to the School Districts entitled thereto, in the same manner, and in the same proportion, that the moneys lost by any neglect or refusal therein mentioned would, according to the provisions of this chapter, have been apportioned and distributed.

Sec. 136. The Township Board of each township shall

The following decisions of courts, copied from page 420, School Laws, published by Hon. Francis W. Shearman, Superintendent in 1852, will throw light upon the sections relating to penalties:

Officers required by law to exercise their judgments, are

officers for

have power, and is hereby required, to remove from office, Removal of upon satisfactory proof, after at least five days' notice to illegal use of the party implicated, any District officer or School Inspec- money. tor who shall have illegally used or disposed of any of the public moneys entrusted to his charge.

not answerable for mistakes of law, or mere errors of judgment, without any fraud or malice.-Jenkins vs. Waldron, 11th Johnson's Reports, 114.

A public officer who is required by law to act in certain cases, according to his judgment or opinion, and subject to penalties for his neglect, is not liable to a party for an omission arising from a mistake or want of skill, if acting in good faith.-Seaman vs. Paten, 2d Caine's Reports, 312.

But an officer entrusted by the common law or by statute, is liable to an action for negligence in the performance of his trust, or for fraud or neglect in the execution of his office.-Jenner vs. Joliffe, 9 John. Rep. 381.

The collector or other officer who executes process, has peculiar protection. He is protected, although the court or officer issuing such process have not, in fact, jurisdiction of the case; if, on the face of the process, it appears that such court or officer had jurisdiction of the subject-matter, and nothing appears in such process to apprise the officer but that there was jurisdiction of the person of the party affected by the process.-Savacool vs. Boughton, 5 Wendell's Reports, 170.-[N. Y. Dec.

In a decision of the Supreme Court of New York, (5 Wendell, p. 234,) the Court said:

"It will be observed that these cases do not go upon the ground that the claim by an individual to be a public offi. cer, and by acting as such, is merely prima facie evidence that he is an officer de jure, (of right,) but the principle they establish is this: that an individual coming into office by color of an election or appointment, is an officer de facto, (in fact,) and his acts in relation to the public, or third per

Persons

paying tax.

MISCELLANEOUS PROVISIONS RELATING TO PRIMARY SCHOOLS.

Sec. 137. Any person paying taxes in a School District en in district in which he does not reside, may send scholars to any Dismay send to trict School therein, and such person shall, for that purbe rated pose, have and enjoy all the rights and privileges of a

School, and

therein.

Proviso.

When dis.

divided af

sessed and

collected

tioned.

resident of such District, except the right of voting therein, and shall be rated therein for Teachers' wages and fuel, and in the census of such District, and the apportionment of moneys from the School fund, scholars so sent, and generally attending such School, shall be considered as belonging to such District: Provided, That a majority of the qualified voters attending at any regular meeting in the District in which such person resides, shall have deter mined that no School shall be taught in said District for the year: Or provided further, That such persons shall not reside in any organized School District.

Sec. 138. Whenever any portion of a School District trict shall be shall be set off and annexed to any other District, or organter tax as: ized into a new one, after a tax for District purposes other not collect than the payment of any debts of the District shall have ed; how tax been levied upon the taxable property thereof, but not and appor collected, such tax shall be collected in the same manner as if no part of such District had been set off, and the said former District, and the District to which the portion so set off may be annexed, or the new District organized from such portion, shall each be entitled to such proportion of said tax as the amount of taxable property in each part thereof bears to the whole amount of taxable property on which such tax is levied.

District in two or more

Sec. 139. For the purpose of apportioning the income of townships, the Primary School Fund among the several townships, a

sons, are valid until he is removed, although it be conceded that his election or appointment was illegal."

"In the case of Trustees and Collectors of School Districts, general reputation of their being such officers, and proof of their acting as such, is prima facie sufficient, without producing evidence of their election, especially where there is evidence of their acting under color of an election."(7 Wendell Rep. p. 341.)

(Section 139.) The latter part of this section, included in brackets, is virtually repealed by the amendment of