There is also a is the tax levied by the State each year for school purposes. "literary fund” of $284,201, the income of which is given to "academies." The United States deposit fund and the literary fund are under the charge of the Board of Regents of the University of New York.] Taxation. There shall be raised by tax in each year upon the real and personal estate of each county within the State such sum as the legislature shall annually determine necessary for the support of common schools in the State, and the proceeds of such tax shall be apportioned and distributed as herein provided. The moneys so raised shall be paid into the State treasury. On the first working day of each month the treasurer shall make to the superintendent of public instruction a written statement of the condition of the free-school fund. No such money shall be paid out of the treasury except upon such warrant of the superintendent, countersigned by the comptroller, referring to the law under which it is drawn. Until satisfactory evidence shall be furnished the comptroller that all moneys required by law to be raised by taxation upon a county for the support of schools throughout the State have been collected and paid or accounted for to the State treasurer, he may withhold payment; and whenever, after the 1st day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day, there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys, to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest at the rate of 12 per cent per annum, shall be a charge upon the county in default, and shall be added to the amount of State tax, and levied upon such county by the board of supervisors thereof at the next ensuing assessment. The moneys raised by the State tax or borrowed as aforesaid to supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common-school fund, when the same are appropriated to the support of common schools, constitute the State school moneys, and shall be divided and apportioned by the superintendent of public instruction on or before the 20th day of January in each year as hereinafter provided; and all moneys so apportioned, except the library moneys, shall be applied exclusively to the payment of teachers' wages. He shall apportion and set apart from the free-school fund appropriated therefor the amounts required to pay the annual salaries of the school commissioners elected or elective under this act, to be drawn out of the treasury and paid to the several commissioners as hereinafter provided; and he shall also apportion to each of the cities of the State, and to each of the incorporated villages of the State having a population of 5,000 and upward, and to each union free-school district having a like population, which employs a superintendent of schools, out of the income of the said fund, and if insufficient, the deficiency out of the free-school fund so appropriated, the sum of $800; and in case any city is entitled to more than one member of assembly, according to the unit of representation adopted by the legislature, $500 for each additional member of assembly, to be expended according to law for the support of the public schools of the city. But the superintendent shall make no allotment to any city or district for the expenses of a superintendent unless satisfied that such city, village, or district employs a competent person as superintendent, whose time is exclusively devoted to the general supervision of the public schools of said city, village, or district; nor shall he make any allotment to any district in the first instance without first causing an enumeration of the inhabitants thereof to be made which shall show the population thereof to be at least 5,000, the expense of which enumeration, as certified by said State superintendent, shall be paid by the district in whose interest it is made. He shall then set apart from the income of the United States deposit fund for and as library moneys such sums as the legislature shall appropriate for that purpose. He shall also set apart from the free-school fund a sum not exceeding $4,000 for a contingent fund. He shall then set apart and apportion, for and on account of the Indian schools under his supervision, a sum which will be equitably equivalent to their proportion of the State school money, upon the basis of distribution established by this act, such sum to be wholly payable out of the proceeds of the State tax for the support of common schools. After deducting the said amounts he shall divide the remainder of the State school moneys into two parts, and shall apportion them as follows: He shall apportion such remainder equally among the school districts and cities from which reports shall have been received in accordance with law, as follows: Making the distributive portion or each district quota $100. To entitle a district to a distributive portion or district quota, a qualified teacher, or successive qualified teachers, must have actually taught the common school of the district for at least the term of time hereinafter mentioned during the last preceding school year. For every additional qualified teacher and his successors who shall have actually taught in said school during the whole of said term the district shall be entitled to another distributive quota; but pupils employed as monitors, or otherwise, shall not be deemed teachers. The aforementioned term shall be during every school year, shall be one hundred and sixty days of school, inclusive of legal holidays that may occur during the term of said schools, and exclusive of Saturday. No Saturday shall be counted as part of said one hundred and sixty days of school, and no school shall be in session on a legal holiday. Having so apportioned and distributed the said district quota as specified in section 6 of this act, the superintendent shall apportion the remainder of said State school moneys, and also the library moneys separately, among the counties of the State according to their respective population, excluding Indians residing on their reservations, as the same shall appear from the last preceding State or United States census; but as to counties in which are situated cities having special school acts, he shall apportion to each city the part to which it shall so appear entitled, and to the residue of the county the part to which it shall appear to be so entitled. If the census according to which the apportionment shall be made does not show the sum of the population of any county or city, the superintendent shall, by the best evidence he can procure, ascertain and determine the population of such county or city at the time the census was taken, and make his apportionment accordingly. Whenever any school district shall have been excluded from participation in any apportionment made by the superintendent, or by the school commissioners, by reason of its having omitted to make any report required by law, or to comply with any other provision of law, or with any rule or regulation made by the superintendent under the authority of law, and it shall be shown to the superintendent that such omission was accidental or excusable, he may, upon the application of such district, make to it an equitable allowance; and if the apportionment was made by himself, cause it to be paid out of the contingent fund; and if the apportionment was made by the commissioners, direct them to apportion such allowance to it at their next annual apportionment, in addition to any apportionment to which it may then be entitled. And the superintendent may, in his discretion, upon the recommendation of the school commissioner having jurisdiction over the district in default, direct that the money so equitably apportioned shall be paid in satisfaction of teachers' wages earned. The school commissioners of the county shall distribute the sums appropriated from the State treasury and certify to the supervisor (or treasurer of the school district) of each town the amount of money apportioned to it and who disbursed the money. Local taxes are voted by the district in meeting. These taxes are as follows: To purchase sites and build schoolhouses or to hire buildings or rooms, and to repair and furnish and meet the incidental expenses of maintaining same; to purchase maps, globes, blackboards, and other apparatus, and purchase text-books and other supplies, not to exceed $25 in any one year; to establish a school library, purchase the books to increase it and a case to hold it; to supply deficiencies from noncollections and embezzlements; to insure the buildings; to pay deficiencies in teachers' wages after the public (State) money has been exhausted; to satisfy judgments of record. [See Organization; School commissioner.] NEW JERSEY.1 1. ORGANIZATION OF THE SYSTEM. State board of education.-Trustees of the school fund.—State superintendent of public instruction.-State board of examiners.-County superintendent.County board of examiners.-School trustees or boards.-City boards of examiners.-City superintendent.—Truant officers. State board of education.-The general supervision and control of public instruction shall be vested in a State board of education, consisting of the trustees of the school fund and eight members, who shall be appointed by the governor, one from each Congressional district, by and with the advice of the senate. Not more than four members of the board shall be of same political party. Their term of office shall be five years. The board has control of the State normal school and of the New Jersey School for Deaf-Mutes, and is charged with the following duties: To frame by-laws for their own government and to prescribe and cause to be enforced all rules and regulations necessary for carrying into effect the school laws; to recommend to the legislature additions and amendments to the laws in 'As this digest goes through the press, the law abolishing the old district system has been used. It may happen that other late changes in the law have escaped notice. order to perfect the school system; to appoint the county superintendents; to prescribe rules and regulations for holding teachers' institutes; to authorize the payment of the incidental expenses incurred by State superintendent in the performance of his duty; and to decide appeals froin that officer's decisions, and to report annually to the legislature. The members shall receive no compensation beyond necessary expenses. State superintendent of public instruction.-The State superintendent shall be appointed by the governor, by and with the advice and consent of the senate, for three years, and shall receive an annual salary of $3,000, to be paid out of the school fund, and may be reappointed. His duties are to carry out the instructions of the State board and enforce them. He shall be ex officio secretary of the board, president of the State association of school superintendents, and a member of the State board of examiners and of all county and city boards of examiners. He shall have the supervision of all the schools of the State receiving any part of the State appropriation and shall be the legal adviser and assistant of the county superintendents, and shall from time to time issue circular letters to them on topies of moment. He shall apportion to the counties the State school moneys and withhold from or through the county superintendent or board of trustees or other school officer the State appropriation due to any officer, district, or teacher until the delinquent has complied with the law in every particular, including the keeping of school for nine months during the year immediately preceding that for which payment is demanded. He shall have printed and shall distribute suitable forms for the record of school business and reports, decide controversies arising under the school laws, preserve such books, apparatus, plans, etc., likely to interest teachers as he may secure, without expense to the State, file all school reports of the State and others, and shall keep a record of his acts, provide a seal, annually report to the State board concerning the condition of the educational interests of the State, with such statistical tables as may be of interest and such suggestions as he may deem expedient. He may also have prepared and printed in convenient form a set of plans for the construction of schoolhouses, to be furnished to school officers, at an expense to the State of $500. State board of examiners.—The State board of examiners shall consist of the State superintendent of public instruction and the principal of the State normal school. Its duty is to hold examinations of teachers, grant State certificates or revoke the same under such rules and regulations as the State board of education may prescribe, entitling the holder to teach without further examination in any part of the State according to its provisions as to duration and grade. State superintendent of school census.-The State board shall have an annual census taken of the children in the State 5 to 18, and is empowered to designate a superintendent of schools, whose term shall be five years, and his compensation and assistants shall be fixed by it; the superintendent, under the approval of the board, to appoint enumerators, to take and make rules and regulations for governing the taking of the census, furnish books and other stationery. The enumerators shall be paid 5 cents for each name obtained. County superintendent.-The State board shall appoint a person of suitable attainments to be the county superintendent of the public schools for three years, unless removed for cause, at a compensation of 12 cents for each child in the county 5 to 18 years of age, provided that he shall not receive less than $800 nor more than $1,300, that the salary of a superintendent having 50 or more district schools to visit shall not be less than $1,000, and that the children in any city or town having a school superintendent shall not be included in fixing the compensation of the county superintendent. He is also allowed his traveling expenses. He shall issue orders on the county collector in favor of each township collector and city treasurer for the portion of the State appropriation to which each township or city is entitled, examine and license teachers, provide for graded schools, and discharge other duties of general supervision and superintendence over the public schools. He shall appoint trustees in any district which fails to elect them, and fill vacancies and appoint the first trustees of a district. He shall have power to withhold that part of the State appropriation derived from the revenue of the State from any district in which the inhabitants fail to provide a suitable school building and outhouse. County board of examiners.-There shall be in each county a county board of examiners, which shall be composed of the county superintendent and a number of teachers holding a State or a first-grade county certificate, not to exceed three, to be appointed by him annually, their compensation not to exceed $10 for each of the three or fewer meetings of the board and traveling expenses. School trustees or boards of education.-Each township shall be one school district but each city, borough, and incorporated town containing 400 or more children 5 to 18 years of age shall be a school district, separate and distinct from the township school district. The boards of education of any two adjoining school districts may accommodate the boundary to the best interests of the schools. The portion of any school district annexed for all school purposes and the property included shall become a part of the taxing district to which it is annexed for school purposes only. The school trustees shall be a corporate body designated as the board of education of the township, city, borough, etc., as the case may be. Each board of trustees shall annually elect one of their number district clerk, who shall record the acts of the board, keep the school building in repair and supplied with fuel and blackboard crayons. The board's duties are to employ and dismiss teachers, janitors, mechanics, and laborers, and to fix, alter, allow, and pay their salaries and compensation; make rules and regulations for the government of teachers and pupils; to erect, repair or improve, rent, furnish, and insure school buildings, and purchase, lease, mortgage, or sell school lots, or schoolhouses; to borrow money, with or without mortgage, and to raise money by taxation for the forementioned purpose, provided authorized by the district by vote; in connection with the county superintendent to prescribe the course of study and a uniform series of text-books; to suspend or expel pupils; to provide text-books and other necessary school supplies; to require every teacher to keep a register; to call special meeting of voters; to permit schoolhouse to be used for other than school purposes; to make annual report to county superintendent, and to take school census. In every township, city, town, borough, or other municipality, not divided into wards, there shall be a school board consisting of nine (or five or three) trustees, three to retire each year. In townships, cities, towns, boroughs, or other municipalities divided into wards the school board shall consist of two trustees from each ward, one to retire biennially. In every city governed by special laws there may be a city board of examiners, appointed by the board of education. In every city of 50,000 or more a board of education shall be composed of and controlled by eight commissioners, known as the commissioners of public instruction, appointed for two years by the mayor, and not more than one-half to be of the same political party. They have the powers granted boards of education, school trustees, etc. City superintendent.-Any board of education of the cities of a population of 50,000 or more may appoint a city superintendent of schools, define his duties, and fix his term of office, not to exceed three years, and his compensation, which shall not be changed during his term of office. Truant officers.-In cities having a duly organized police force it shall be the duty of the police authority to detail one or more members of said force to assist in the enforcement of compulsory attendance, and in districts having no regular police force subject to this act it shall be the duty of the board of education, or the school district oficers to designate one or more constables of said city, township, or village, whose duty it shall be to assist in the enforcement of this act. Persons charged with the above-specified duty shall be called truant officers, and their compensation shall be fixed by the board of education. 2. TEACHERS. Appointment and qualifications.-Duties.-Preliminary training.—Meetings. Appointment and qualifications.-No teacher shall be entitled to pay unless the holder of a legal certificate. The qualifications of teachers are ascertained by the State board of examiners, county boards of examiners, city boards of examiners, and county superintendents. Teachers are employed by boards of trustees. The State board of examiners may indorse the diploma of a normal school or training college or the permanent certificate issued by a State superintendent or board of examiners of another State. State examinations shall be for certificates of three grades. Candidates for the third grade county certificate are not to be less than 18 years old. No experience in teaching will be required; they will be examined in orthography, reading, penmanship, geography, arithmetic, English grammar, and the theory and practice of teaching; the certificate will remain in force for one year from date and entitles to teach in an ungraded school or in a primary school or department in the county. This certificate shall not be issued more than twice to the same person. Candidates for the second grade certificate are not to be less than 19 years old, with an experience in teaching of not less than one year; the subjects are the same as for the third grade certificates, with the addition of English composition, physiology, the history of the United States, and bookkeeping, and continues in force for three years and entitles to teach in any grade of a grammar school in the county. Candidates for a first grade certificate are not to be less than 20 years old, with an experience in teaching of not less than two years. The examination is upon the same subjects as the second grade, with the addition of algebra, physics, history of education, the Constitution of the United States, and the school law of New Jersey; it continues in force five years and is valid for any school or department in the county and may be renewable. Candidates for the third grade State certificate must be 20 years of age, no experience in teaching is required, and must pass in the subjects required in the examination for third grade county certificate, with physiology, plane and solid geometry, chemistry, geology, botany, and free-hand drawing the certificate remains in force seven years from date and licenses to teach in any school of the State, and is renewable without reexamination; the second grade certificate, issued for ten years, requires in addition the philosophy of education and the principles of manual training and physical culture, 22 years passed and two years of teaching, and the first grade 25 years passed and five years of teaching. Graduates of the State normal school who have completed two years' course shall be entitled to a third grade State certificate and those completing the three years' course to a second grade. [Rules and regulations of the State board.] Every teacher shall keep a school register and may not receive pay until it has been exhibited to proper officer; shall have power to hold every pupil accountable in school for disorderly conduct, on the way to or from school or on the play grounds, and to suspend pupil for good cause, but no teacher shall inflict or cause to be inflicted any corporal punishment upon any pupil. Preliminary training.-There shall be a normal school for the training and education of teachers in the art of instructing and governing the common schools of this State, under the entire management and control of the State board of education. Each county shall be entitled to six times as many pupils in the school as it has representatives in the legislature. Applicants for admission must sign a written declaration that in seeking admission to the school their object is to qualify themselves for teaching the public schools in the State during at least two years or otherwise to pay the cost of tuition. A model school may be maintained in which the modes of instruction and discipline inculcated in the normal school are exemplified, and in which pupils may be prepared for the normal school. Meetings. For the purpose of defraying the expenses of teachers' institutes there may be paid annually to the State superintendent out of the income of the school fund $100 to each teachers' institute in any county or to a joint county institute. The county and city superintendents shall form the "State Association of School Superintendents," which shall meet annually. The board of district trustees shall in each township form an association, which shall convene on call of county superintendent to hear suggestions and communications regarding the management of the public school. 3. SCHOOLS. Attendance.-Character of instruction.-Text-books.-Buildings. Attendance.-No child between the ages of 5 and 18 years shall be excluded from any public school on account of religion, nationality, or color. Schools shall be kept nine months. All parents and those who have the care of children shall instruct them or cause them to be instructed in spelling, reading, writing, English grammar, geography, and arithmetic; and every parent, guardian, or other person having control and charge of any child between the ages of 7 and 12 years shall be required to send it to public day school for a period of at least twenty weeks in each year. Eight weeks of such attendance at least shall be consecutive, unless such child is excused from attendance by the board of the school district in which the parent or guardian resides upon its being shown to the board's satisfaction that the bodily or mental condition of the child has been such as to prevent its attendance at school, or that the child is taught in a private school or at home by some qualified person in such branches as are usually taught in elementary schools. No child under the age of 15 years shall be employed by any company or corporation to labor in any business, unless such child shall have attended within twelve months immediately preceding such employment some public day or night school or some well-recognized private school, such attendance to be for five days or evenings every week during a period of at least twelve consecutive weeks as far as the arrangement of the school terms will admit. Any child between the ages of 12 and 16 years must, |