UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY STOREROOM LAWS OF WISCONSIN &EC ** RELATING TO COMMON SCHOOLS Free High Schools Industrial Schools ' County Training Schools County Agricultural Schools State Graded Schools Normal Schools The State University AND County and City Superintendents, Teachers' Institutes. Textbooks, Etc. PUBLISHED UNDER DIRECTION OF C. P. CARY, State Superintendent MADTSON, WIS. DEMOCRAT PRINTING COMPANY, STATE PRINTER 1915 Xis? s Ms4Sc 1915 TO THE READER This edition of the School Code comprises all the school laws now in force. The sections are arranged in numerical order. The "Comments" upon the dif- ferent sections will be found on pages 364 and beyond. Suggestive forms for school officers will be found on pages 400 and beyond. Reference made in the "Comments" refer to sections of the statutes. The form in which the school laws are now printed promises to be much less expensive than the form which has been common for so many years. This plan also conforms to the plan fol- lowed in printing the statutes of Wisconsin. It is hoped that familiarity wit;; the present -arrangement may meet general approval. Any school officer having a code in his possession should make it a spec ;i point to carry it with him to the school meeting. No statements of an officer or person present at a school meeting, even though such person may be engaged in a general law practice, can be safely accepted as authority on the law without ref- erence to the particular statute involved. This code is the property of the school district and not of the school officer in whose care it is placed. This code and all records, books, etc., belonging to a school office must be handed over when a successor is elected or appointed. State Superintendent. J° TV U. TABLE OF CONTENTS. Numbers refer to Sections Academies, 411— 411d Alteration of school district boundaries, 412 to 424 Annual school district meetings, 425 to 430n Appeals, 497 and 497a Borrowing money, 474 to 476a Certificates and examinations, 448 to 458t City superintendent, 926—115 to 926— 117m Colleges, 411 Comments, pages 364 to 399 Compulsory attendance law, 439 to 439i Condemnation of school buildings, 517 Consolidation of school districts, 413; 419b to 419h; 496—1 to 496— 12 County Agricultural representatives, 553q — 1 to 553q — 8 County board of education, 553m — 1 to 553m — 25 County schools of agriculture and domestic science, 553c to 553e — 1 County superintendents, 461 to 461s County training schools for teachers, 411 — 1 to 411 — 11 County uniformity of textbooks, 553m — 1 to 553m — 25 Day schools for the deaf and blind, 578 to 579t District meetings, 425 to 430n Distribution of the school fund, 554 to 560m District officers, 431 to 447a Duties of town, village and city officers, 467 to 473 Electors, powers, 430 to 430n Formation of school districts, 412 to 415 Forms for use of officers, pages 400 — 411 Free high schools, 490 to 495a General charter for cities, 925—113 to 925—119 and 925—142 to 925—119:* Heating and ventilation (See comments under Sec. 436.) Industrial, continuation and evening schools, 553p — 1 to 553p — 15 Inspection of school buildings, 517 Judgments given school districts, 487 to 489 Libraries, 485 to 486j Penalties, 498 to 507 Reports, 462 to 465 Rural schools, 560f to 560m School buildings — Condemnation of — 517 School district meeting, 425 to 430n Schoolhouse sites, 477 to 484 School textbooks, 553m— 101 to 553m— 108 Seven-tenths mill tax, 1072a 79472^ iv Table of Contents. Special powers of school officers, 435 to 439 State certificates — other states, 458a « State mining school, 392m to 392y State University, 377 to 392L— 1 Stout Institute, 553p— 10 to 553p— 15 Supervising teachers, 698 Sub. 10 to 698 Sub. 16 Taxes, 469 to 473 Teachers' institute, 407 Teachers' Insurance and Retirement fund, 460 — 1 to 460 — 20 Textbooks, 440 to 440b; 553m— 101 to 553m— 108 Trade schools, 926 — 22 to 926 — 30 Transportation of pupils, 496q to 496t; 430—2 to 430—8 Union free high schools, 495 — 1 to 495 — 20 Use of school buildings for other purposes, 435 to 435e CHAPTER 24. STATE BOARD OF EDUCATION. State board of education. Section 376 — 50. 1. There is hereby created a state board of education to consist of five members. The governor, the secretary of state and the state superintendent of public instruction shall be ex officio members of said board. One person shall be appointed by the board of regents of the University of Wisconsin and one person shall be appointed bj' the board of regents of the normal schools to be members of said board. 2. The members appointed by the board of regents of the university and the board of regents of normal schools shall hold office for terms of two years and until their successors are appointed and qualified. The first appointments hereunder shall be made on or be- fore August 1, 1915, and the terms of office shall begin on the first day of August, 1915, and biennially thereafter. In case of any vacancy the appointment shall be for the un- expired term. 3. The members of the said board shall receive an honorarium of eight dollars per day for not to exceed sixty days in any one year; and they shall receive the actual and nec- essary expenses incurred by them in discharging their duties as members of the said board. Such honorarium shall not be paid to any member who receives a salary from the state or from any state institution. 4. Before entering upon the duties of his office, each member of said board shall take and subscribe the constitutional oath of office which shall be filed in the office of the secre- tary of state. 227 Chap. 24 s. 376—50] [State Historical Society. • 5. The members of the said board shall, during the first week of August, 1915, meet at the state eapitol and organize. The state superintendent of public instruction shall be ex officio president of said board. A majority of the members of said board shall con- stitute a quorum to transact business and any vacancy shall not impair the right of the remaining members to exercise all the powers of the board. 6. The board may appoint and fix the compensation of a secretary, who shall also be chief accountant, and such other assistants, clerks and stenographers as may be necessary to carry out the duties of said board. The board shall require a bond of the secretary, and may require bonds of such other subordinates and employes as it shall deem expedient to bond, the amounts of which shall be fixed by the board. The secretary shall not be a member of the board, and shall perform such duties as may be prescribed by law or by the by-laws and rules of the board. The secretary shall keep a faithful record of all the transactions of the board and of all committees thereof. 7. The board shall keep its office at the eapitol and the superintendent of public prop- erty shall provide suitable rooms, necessary office furniture, supplies and stationery. The board may hold meetings at any place other than the eapitol. The meetings of the board shall be open to the public and all records of such meetings and of all proceedings of the board shall be open to inspection by the public at all reasonable hours; provided that the board may hold executive sessions, the findings of sach executive sessions to be made a part of the records of the board. 8. It shall be the duty of the state board of education to have the exclusive charge and management of all financial affairs of the educational activities of the state and to examine and study the business methods and management of and the expenditure of public funds for the common schools, high schools," county training schools, county schools of agricul- ture and domestic economy, continuation, commercial, industrial and evening schools, day schools for the deaf and blind, Stout institute, the mining trade school, the several normal schools and the university, shall ascertain the financial and business needs of such schools and institutions, the fair and proper distribution of such expenditures and the most effi- cient and economical use of public funds for educational purposes and shall have power to institute and maintain an adequate and uniform accounting system. 9. The said board shall have power and authority to require and it shall be the duty of every state or county superintendent of public instruction or education and every officer or governing body of any school or institution mentioned in subsection 8 of this section to furnish such data and information as such board may deem necessary to carry out the provisions of this section. 10. The board shall cause all of the financial transactions and accounts of or relating to the mining trade school, Stout institute, the several normal schools, the university and the various departments thereof, at the close of each fiscal year, to be fully and thoroughly examined and audited by its accountant. Said board may cause a like audit of any of the other schools mentioned in subsection. 8 which receive state aid. Such examination shall be commenced immediately after the close of said period and be completed as soon as practicable. Upon the completion of such examination a full and detailed report there- of shall be made by such accountant to the board. 11. The state board of education shall on or before the fifteenth day of December next preceding the convening of the legislature in any regular session prepare in convenient form its recommendations as to the financial and business needs of and the fair and proper distribution of public funds to the schools and institutions mentioned in subsection 8 of this section so as to increase and promote the efficiency and educational value of such schools and institutions and such other recommendations as to the improvement of the business management and control of such schools and institutions as the said board may deem expedient, a full and detailed report of any audit made under the provisions of sub- section 10 and its estimates for each of the several institutions under its supervision speci- fying therein, in detail, the amount of money that will be required for the support and maintenance of each of the said institutions and also estimates setting forth the various amounts needed, detailed as to class of schools and purpose of proposed appropriation, as direct state aid, for all public schools not under its supervision, the amount needed for the support of the department of the state superintendent of public instruction, and also the amount needed for the board of education to carry out the purposes of this section, all such estimates to be for the next biennial period. The secretary of the board shall on or before the fifteenth day of December mail to each member-elect of the legislature and to the governor-elect a copy of said reports, recommendations and estimates. 12. Whenever matters affecting any school under the board are before it or any of its committees for consideration, the president of such school and any other persons shall have the right to be present at such meeting and be heard by the beard or the committee having charge of the subject. The governing: bodies of the several schools under the si»- 228 Chap. 24 s. 376— 50 J [State Historical Society. pervision of the board shall submit biennial estimates and annual budgets to the boai'd, and shall be heard by the board or the proper committee thereof upon the estimates or bud- gets for the various schools. It shall be the duty of the presidents and the governing bodies of each of the several schools under the jurisdiction of the board of education to prepare and supply to the board all useful and helpful information regarding the financial needs of the various schools and to make recommendations regarding the needs of such schools in order that the board of education may have full information upon which to base its recommendations to the legislature. 13. No new buildings shall be constructed or lands purchased except by or under the direction of said board. [1915 c. 497] 229 TITLE VI. Public Instruction. CHAPTER 25. THE UNIVERSITY. Location and style of. Section 377. There is established in this state at the city of Madison an institution of learning by the name and style of "The University of Wiscon- sin." [1866 c. 114 s. 5; 1870 c. 80; 1872 c. 135; B. S. 1878 s. 377; Ann. Stats. 1889 s. 377; Stats. 1898 s. 377] University board of regents; members; women regents; appointment; terms; va- cancy. Section 378. The government of the university shall be vested in a board of regents, to consist of one member from each congressional district and two from the state at large, at least two of whom shall be women, to be appointed by the governor; the state superintendent and the president of the university shall be ex officio members of said board; said president shall be a member of all the standing committees of the board, but shall have the right to vote only in case of a tie. The terms of office of the appointed regents shall be six years, except as below specified, from the first Monday in February in the year in which they are appointed and until the appointment and qualification of their respective successors, unless sooner removed by the governor; but appointments to fill vacancies before the expiration of the term shall be for the residue of the term only. Two of the appointments of the five regents whose terms .expire in 1911 shall be for a period of three years, two for a period of four years, and one for a period of five years ; that is, to the years 1914, 1915 and 1916, respectively; one of the appointments of the three re- gents whose terms expire in 1912 shall be for a period of four years and two for a period of five years; that is, to the years 1916 and 1917, respectively; two of the appointments of the five regents whose terms expire in 1913 shall be for a period of five years, and three for a period of six years; that is, to the years 1918 and 1919, respectively; there- after as the various terms expire all appointments shall be for a period of six years. [18,66 c. 114 s. 5; 1870 c. 80; 1872 c. 135; B. S. 1878 s. 378; 1879 c. 65; 1889 c 289; Ann. Stats. 1889 s. 378; Stats. 1898 s. 378; 1901 c. 255 s. 1; 1903 c. 66 s. 1; Supl. 1906 s. 378; 1907 c. 118; 1909 c. 529; 1911 c. 303] Powers of board; officers. Section 379. The board of regents and their successors in office shall constitute a body corporate by the name of "the regents of the University of Wisconsin," and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings and all other property of said university. The board shall elect a president and a secretary, who shall perform such duties as may be prescribed by the by- laws of the board. The secretary shall keep a faithful record of all the transactions of the board and of the executive committee thereof. It shall be the duty of the state treas- urer to have the charge of all securities for loans and all moneys belonging to the univer- sity or in any wise appropriated by law to its endowment or support; to collect the interest on all securities held by him ; to pay out moneys only upon the warrant of the secretary of state as provided by law ; to keep the same and the accounts thereof separate and dis- tinct from other public funds, and particularly distinguish the accounts of every fund, according to the nature thereof, coming to his charge, whether created by law or by pri- vate bounty; and to discharge these and other appropriate functions relating thereto sub- ject to such regulations as the board may adopt not inconsistent with his official duties; and he and his sureties shall be liable on his official bond as state treasurer for the faith- ful discharge of such duties. [1866 c. 114 s. 6, 7, 10; 1869 c. 13 s. 1; B. S. 1878 s. 379; Ann. Slats. 1889 s. 379; Stats. 1898 s. 379; 1903 c. 260 s. 1; Supl. 1906 s. 379; 1907 c. 118] 230 Chap. 25 s. 380] [The State University. Meetings; quorum. Section 380. The time for the election of the president and secretary of said board and the duration of their respective terms of office, and the times for holding the regular annual meeting and such other meetings as may be required, and the manner of notifying the same, shall be determined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. [1866 c. 114 s. 14, 15; R. S. 1878 s. 3S0; Ann. Stats. 1889 s. 380; Stats. 1898 s. 380] University regents' meetings public. Section 3S0a. The meetings of the board of regents of the university shall be open to the public and the press and all records of such meetings and of all proceedings of such board shall be open to inspection by the public and the press at any reasonable hours thereafter; provided, that said board may hold executive sessions, the findings of said executive sessions to be made a part of the records of the proceedings of said board. [1913 c.200] Duties of regents; additional powers. Section 381. The board of regents shall enact laws for the government of the university in all its branches; elect a president and the requisite number of professors, instructors, officers and employes, and fix the salaries and the term of office of each, and determine the moral and educational qualifications of applicants for admission to the various courses of instruction; but no instruction, either sectarian in religion or partisan in politics, shall ever be allowed in any department of the university; and no sectarian or partisan tests shall ever be allowed or exercised in the appointment of regents or in the election of professors, teachers or other officers of the university, or in the admission of students thereto or for any purpose whatever. The board of regents shall have power to remove the president or any professor, instructor or officer of the university when, in their judgment, the interests of the university require it. The board may prescribe rules and regulations for the management of the libraries, cabi- net, museum, laboratories and all other property of the university and of its several de- partments, and for the care and preservation thereof, with penalties and forfeitures by way of damages for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. In the use of men's and women's dormitories at the university, preference as to rooming and boarding facilities shall be given to students who are legal residents of this state ; but in case additional facil- ities remain after such preference, the above mentioned rooming and boarding facilities may be extended to nonresident students. The regents shall make suitable rules and regu- lations for carrying such dormitory j^references into effect. All salaries and compensa- tions provided for in this section shall be charged against the proper appropriation for the board of regents of the university. [R. S. 1858 c. 21 s. 10; 1866 c. 114 s. 7; 1876 c. 229 s. 2; R. S. 1878 s. 381; 1885 c. 9; 1887 c. 62; 1889 c. 416; Ann. Stats. 1889 s. 381, 389a, 389b; Stats. 1898 s. 381; 1913 c. 758 s. 6] University; janitors' salaries. Section 381m. The board of regents are empowered and directed to fix and establish the salaries of the janitors at the university so that the same shall be equivalent and equal to the salaries paid to janitors at the state capitol. [1913 c. 217] Use of income; addition of other colleges. Section 382. For the erection of suit- able buildings and the purchase of apparatus, a library, cabinets and additions thereto, the board of regents are authorized to expend such portion of the income of the university fund as is appropriated by the legislature for such purposes; and if they deem it expedi- ent may receive in connection with the university any college in this state upon applica- tion of its board of trustees; and such college so received shall become a branch of the university and be subject to the visitation of the regents. [R. S. 1858 c. 10 s. 13, 16; R. S. 1878 s. 382; Ann. Stats. 1889 s. 382; Stats. 1898 s. 382; 1913 c. 758 s. 6] Method of expending appropriations. Section 382a. All appropriations made by law to the board of regents of the university for the construction of new buildings, shall be expended in accordance with the following conditions: (1) Construction shall, unless otherwise directed by law, be in order of the greatest need therefor as determined by the regents. (2) No plan or plans shall be finally adopted, and no contract or contracts shall be entered into by the regents for the construction of any building until such plans and con- tracts, with complete estimates of the total cost thereof, shall have been submitted to, and in writing approved by the governor, who shall withhold such approval until he shall sat- isfy himself by a personal examination or by such other means as he may in his discretion adopt, that such building is required for the purpose proposed, and that it can and will be erected and fully completed according to such plans or contracts for the sum proposed fur the same by the regents of the appropriation made for such purposes. [1913 231 Chap. 25 s. 383] [The State University. Reports and printing thereof. Section 3S3. At the close of each biennial fiscal term the regents through their president shall make a report in detail to the governor and the legislature exhibiting the progress, condition and wants* of each of the colleges embraced in the university, the course of study in each, the number of instructors and students, the amount of receipts and disbursements, together with the nature, cost and results of all important investigations and experiments and such other information as they may deem important, one copy of which shall be transmitted free by the secretary of state to all colleges endowed under the provisions of the act of congress entitled, "An act donating land to the several states and territories which provide colleges for the bene- fit of agriculture and the mechanic arts," approved July 2, 1862, and also one copy to the secretary of the interior as provided in said act. The board shall also report to the gov- ernor as often as may seem desirable the important results of investigations conducted by the director of Washburn observatory and by other investigators connected with the uni- versity, and also the results of such experiments therein relating to agriculture or the mechanic arts as said board may deem to be of special value to the agricultural and me- chanical interests of the state. With the approval of the governor such number of copies as he shall direct, and of the Washburn observatory reports not more than seven hundred copies, may be printed by the state printer in separate form on good paper and with such appropriate quality of binding as the commissioners of public printing shall order. Eight hundred copies of each of said reports, when so directed by the governor, except those of the Washburn observatory, shall be delivered to the legislature and the remainder be used in exchange for the publications of other institutions and for such other public purposes as the regents may order. [1866 c. 114 s. 12; R. S. 1878 s. 383; 1881 c. 124; 1889 c. 174; Ann. Stats. 1889 s. 383, 383a; 1897 c. 282; Stats. 1898 s. 383] Receipts and disbursements ; accounts; secretary's bond. Section 3S3a. All moneys which shall be derived to the university from gifts or other bounties, from fees of stu- dents in any form less any rebates allowed under authority of the board, from sales of farm products or any articles of personal property of whatever kind, from publications or advertisements in publications of the university, from fees for services rendered in any manner, from sales or rents of real property, or from any source whatever other than in cases by law required to be paid to the state treasurer, may be paid to the secretary of the board in all cases where the board shall authorize him to receive the same; and such secretary shall at least as often as once a week pay into, the state treasury the entire amount of such receipts by him, and shall on or before the tenth day of each calendar month deliver to the state treasurer an itemized account of such receipts during the pre- ceding calendar month, showing the amount of each sum so received by him, the date thereof, the person from whom received, for what received, and the particular fund or account to which the same belongs; save that the details of small receipts may be omitted and the account made summary in such cases and to such extent as the secretary of state shall prescribe by forms therefor; and shall verify the correctness thereof by his affidavit thereto appended; and a -duplicate thereof he shall at the same time file with the secre- tary of state. Such account shall be made upon forms to be prepared and furnished by the secretary of state. The regents may require of their secretary such bond, in such sum and with such sureties as they shall think fit and its renewal when deemed desirable; and may prescribe regulations for the discharge of all such duties not inconsistent with law. The secretary of state shall audit and give his warrant on the state treasurer for all accounts certified to him by the board or its executive committee, in the manner herein provided. All salaries for instructional or administrative service, and also allowances to fellows and scholars, which have been fixed by the board, shall be certified at periodical intervals according to the laws of the board upon rolls showing the name of the person entitled to receive the same, the amount of his fixed annual salary or allowance and that the sum so certified is then due him according to the method of periodical payment estab- lished by the board ; upon which certified roll the secretary of state shall issue his war- rant to each person therein named for the amount so certified to be due to him. Pay- ments to janitors, laborers and all other employes and also to all persons from whom milk and products for the dairy are purchased shall be made upon rolls showing the name of the party entitled, for what service or object, to what fund chargeable, and the amounts respectively due each ; which shall be likewise certified to the secretary of state to be cor- rect and due and he shall issue thereon his warrant for the amount due each person upon such roll to each such person. Every other claim or account shall state the nature and particulars of the service rendered or material furnished and be verified by the affidavit of the claimant or his agent and filed with the secretary of the regents, and a roll, show- ing the name of each such person, for what service or object, to what fund chargeable, 232 Chap. 25 s. 383jh] [The State University. and the amount allowed to and due him, shall be certified as aforesaid to the secretary of . state; upon which he shall issue his warrant for the proper amount to the person entitled thereto. The board may enact laws to govern all such business not inconsistent with law; and all forms shall be prepared and furnished by the secretary of state. All warrants issued pursuant to this section shall be labeled "University Warrant" and numbered in consecutive order. All gifts, bounties and moneys paid in and appropriations made by law for the university, its endowment, aid or support, when received by the state treas- urer shall be at once credited to the proper fund, and if received as part of the general fund shall be forthwith transferred by warrant to the proper university account, and shall all thenceforth be held solely for the respective uses to which the same is by law appro- priated, and shall never be employed, diverted to, or paid out for any other use or pur- pose. [1895 c. 296; Stats. 1898 s. 383a; 1903 c. 260 s. 2; Supl. 1906 s. 383a; 1907 c. 118] University accounts ; biennial examination. Section 383m. 1. The board of regents of the state university shall cause all of the financial transactions and accounts of or relat- ing to the state university in any of its departments at the close of each biennial period to be fully and thoroughly examined by an audit company of recognized business stand- ing and reliability and approved of by the governor and in no way connected with the university or with any of its activities. Wh-en made. 2. Such examination shall be commenced immediately after the close of said period and be completed as soon as practicable. Report. 3. Upon the completion of such examination a full and detailed report thereof shall be made by such audit company to the governor, and a printed copy of such report shall be furnished to each member of the next legislature not later than thirty days prior to the beginning of the next regular session. The expense of such audit shall be ■charged against the proper appropriation for the board of regents of the university. [1909 c. 497; 1911 c. 663 s. 11; 1913 c. 758 s. 5, 6] The president. Section 3S4. The president of the university shall be president of the several faculties and the executive head of the instructional force in all its depart- ments; as such he shall have authority, subject to the board of regents, to give general direction to the instruction and scientific investigations of the several colleges, and so long as the interests of the institution require it he shall be charged with the duties of one ■of the professorships. The immediate government of the several colleges shall be in- trusted to their respective faculties; but the regents shall have the power to regulate the •courses of instruction and prescribe the books or works to be used in the several courses, and also to confer such degrees and grant such diplomas as are usual in universities or as they shall deem appropriate, and to confer upon the faculty by by-laws the power to sus- pend or expel students for misconduct or other cause prescribed in such by-laws. [1866 c. 114 s. 10, 11; 1S69 c. 13 s. 1; R. S. 1878 s. 384; Ann. Stats. 1889 s. 384; Stats. 189S s. 384] University; courses; departments. Suction 385. The object of the University of Wisconsin shall be to provide the means of acquiring a thorough knowledge of the vari- ous branches of learning connected with literary, scientific, industrial and professional pursuits, and to this end it shall consist of the following colleges or departments, to wit : (1) The college of letters and science. (2) The college of mechanics and engineering. (3) The college of agriculture. (4) The law school. (5) The medical school. (6) Such other colleges, schools or departments as are now or may from time to time be added thereto or connected therewith. [E. S. 1858 c. 21 s. 1; 1866 c. Ill; 1869 c. 87; B. S. 1878 s. 385; 1SS9 c. 273 s. 1; Ann. Stats. 1889 s. 385; Stats. 1S98 s. 385; 1907 c. 428; 1909 c. 36] Departments, what embraced in. Section 386. The college of letters and science shall embrace liberal courses of instruction -in language, literature, philosophy and -science, and may embrace such other branches as the regents of the university shall pre- scribe. The college of mechanics and engineering shall embrace practical and theoretical instruction in the various .branches of mechanical and engineering science and art, and may embrace such additional branches as the regents may determine. The college of agri- culture shall embrace instruction and experimentation in the science of agriculture and in those sciences which are tributary thereto, and may embrace such additional branches as the board of regents shall determine. The college of law shall consist of courses of in- struction in the principles and practices of law, and may include such other branches as the regents may determine. The medical school shall consist of courses of instruction 233 Chap. 25 s. 387] [The State University. customarily covered in the first two years of a medical curriculum. [1866 c. 114 s. 2, 3; R. S. 1878 s. 386; 1889 c. 273 s. 2; Ann. Stats. 18S9 s. 386; Stats. 1898 s. 386; 1915 c. 334] University; open to both sexes; military instruction; diploma. Section 387. All schools and colleges of the university shall, in their respective departments and class exercises, be open without distinction to students of both sexes; and all able-bodied male students in whatever college therein may receive instruction and discipline in military tactics, the requisite arms for which shall be furnished by the state. [1866 c. 114 s. 4; 1867 c. 117; 1878 c. 333; R. S. 1878 s. 387; Ann. Stats. 1889 s. 387; 1895 c. 243 s. 2, 5; Stats. 1898 s. 387, 458d, 4972 sub. 14, 15; 1909 c. 66; 1915 c. 229] Nonresident tuition at university. Section 3S8. Any student who shall have been a resident of the state for one year next preceding his first admission to the university, shall be entitled to exemption from the fees for tuition in the university. Any student who shall not have been a resident of the state for one year next preceding his first ad- mission to the university shall not be exempt from the payment of the tuition fees until he shall have attended the university for four academic years; but if he shall have at- tended the university for one academic year and the next three years shall have been spent as a resident of this state ; or if he shall have attended the university for two academic years and the next two years shall have been spent as a resident of this state; or if he shall have attended the university for three academic years and the next year shall have been spent as a resident of this state, he shall be entitled to exemption from payment of the tuition fees upon re-entering the university. The regents shall charge tuition at the rate of one hundred and twenty-four dollars per school year for any student who shall not have been exempted by any of the provisions of this section and may prescribe rates of tuition for teaching extra studies. However, the regents of the university may remit either in whole or in part tuition, but not incidental fees, to not to exceed five per cent of nonresident students upon the basis of merit to be shown by suitable tests, examinations or scholastic records and continued high standard of scholastic attainment. [1866 c. 114 s. 5, 8, 9; 1873 c. 63; R. S. 1878 s. 388; Ann. Stats. 1889 s. 388; Stats. 1898 s. 388; 1901 c. 344; Supl 1906 s. 388; 1907 e. 105, 118; 1913 c. 758 s. 6; 1915 c. 547] Funds for support of; gifts, bequests, etc. Section 3S9. Moneys from the follow- ing sources shall be used for the support and endowment of the university : (1) The university fund income and all other sums of money appropriated by law to such fund. (2) The agricultural college fund income. (3) All such contributions as may be derived from public or private bounty. The income of all said funds shall, so far as appropriated by the legislature, be placed at the disposal of the board of regents, thenceforth to be independent and distinct of the accounts of the state and for the support of the aforesaid colleges or departments of arts, of letters and such other colleges and departments as shall be established in or connected with the university; but all means derived from other public or private bounty shall be exclusively devoted to the specific objects for which they shall have been designed by the grantor; and all gifts, grants, bequests and devises for the benefit or advantage of the uni- versity or any of its departments, colleges, schools, halls, observatories or institutions, or to provide any means of instruction, illustration or knowledge in connection therewith, whether made to trustees or otherwise, shall be legal and valid and shall be executed and enforced according to the provisions of the instrument making the same, including all pro- visions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restric- tions provided by law in other cases; but no such accumulation shall be allowed to pro- duce a fund more than twenty times as great as that originally given. All such gifts, grants, devises or bequests may be made to the regents of the university or to the president or any officer thereof, or to any person or persons as trustees, or may be charged upon any executor, trustee, heir, devisee or legatee, or made in any other manner indicating an in- tention to create a trust, and may be made as well for the benefit of the university or any of its chairs, faculty, departments, colleges, schools, halls, observatories or institutions or to provide any means of instruction, illustration or knowledge in connection therewith, or for the benefit of any class of students at the university or in any of its departments, whether by way of scholarship, fellowship or otherwise, or whether for the benefit of stu- dents in any course, subcourse, special course, postgraduate course, summer school or teach- ers' course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium, or any other like division or department of study, experiment, research, observation, travel or mental or physical improvement in any manner connected with the university, or to provide for the voluntary retirement of any of its faculty. And it shall not be necessary in case of any such gift, grant, devise or bequest to exactly or particularly describe the 234 Chap. 25 s. 390] [The State University. members of the class, group or nationality of students intended to be the beneficiaries, but it shall be sufficient to describe the class or group ; and in case of any such gift, grant, de- vise or bequest the regents shall divide and graduate the students at the university into such classes or divisions as may be necessary to select and determine those belonging to the class intended by such gift, grant, devise or bequest, and shall determine what partic- ular persons are within or intended by the same. It shall be sufficient in any such gift, grant, devise or bequest to describe the beneficiaries as belonging to a certain course, sub- course, department or division of the university, or as those pursuing certain studies, speak- ing or writing a certain language or languages, belonging to any nationality or nationali- ties, or to one of the sexes or by any other description, and in such case the regents shall determine the persons so described as hereinbefore provided. [1S66 c. 114 s. 3; 1870 c. 80 s. 2; R. S. 1878 s. 389; 1883 c. 30 j Ann. Stats. 18S9 s. 389; 1891 c. 198; Stats. 1898 s. 389; 1903 c. 260 s. 3; 1913 c. 758 s. 6] Mill-tax appropriation; loans; school of education. Section 390. 1. There shall be levied and collected annually a state tax of three-eighths of one mill for" each dollar of the assessed valuation of the taxable general property of the state as ascertained and fixed by the state board of assessment for apportionment of the state tax to the several counties, which amount, when so levied and collected, shall be added to the university fund income to be used as specifically appropriated by the legislature for current and administration expenditures and for the increase and improvement of the facilities of the university; provided that upon ariy apportionment of the funds in the treasury under section 1069a of the statutes, such fund shall be applied to the tax hereinbefore levied. The commis- sioners of public lands may direct the state treasurer, from time to time, to set apart such sums by way of loan to the fund known as the university f mid income for the university uses from uninvested moneys in the trust fund for the period when so uninvested, as in their judgment shall be prudent, such loans to be repaid to the trust fund from the tax hereinbefore appropriated with interest at the rate then required to school districts. 2. The regents of the university are authorized to construct and maintain a school for demonstration and practice, in order to complete the organization of a school of education. [1876 c. 117 s. 1-3; R. S. 1878 s. 390; 1883 c. 300; 1889 c. 282; Ann. Stats. 1889 s. 386a, 390; 1891 c. 29; 1895 c. 241 s. 2, 3; 1897 c. 284 s. 1, 2; Stats. 1898 s. 390; 1899 c. 170 s. 1; 1901 c. 322 s. 1; 1903 c. 344 s. 1, 2; 1905 c. 320 s. 1; Supl. 1906 s. 390; 1907 c. 118; 1909 c. 306; 1911 c. 631; 1911 c. 664 s. 150; 1913 c. 758 s. 6] Section 390a. [Repealed by 1907 c. 428 s. 3] Section 391. [Repealed by 1913 c. 758 s. 5] Section 391w. [1911 c. 631; repealed by 1911 e. 663 s. 12] Section 392. [Repealed by 1913 c. 758 s. 5] Summer school. Section 392a. The board of regents may maintain the summer school of science, literature, language and pedagogy heretofore established in connection with the' university; provided, that all teachers employed therein shall be designated by the state superintendent and the president of the university. [18S9 c. 458 s. 1-3; Ann. Stats. 1889 s. 391b, 391c, 391d; Stats. 1898 s. 392a] Sections 392b to 392d, inclusive. [Repealed by 1913 c. 772 s. 44] Agricultural extension work. Section 392e. The regents of the university are au- thorized to have done experimental work in agriculture at such points within the state as may in their judgments be advisable. [1905 c. 53 s. 1; Supl. 1906 s. 392e; 1907 c. 118] Section 392em. [Repealed by 1913 c. 758 s. 5] Sections 392em — 1 to 392em — 7, inclusive. [Repealed by 1913 c. 758 s. 5] Agricultural demonstration stations. Section 392em — 8. For the purpose of aiding in the agricultural development of the respective counties of the state, the agricultural college of the University of Wisconsin is authorized to establish three demonstration stations, on which trials and demonstrations shall be conducted to show the methods of agricultural practice best adapted to the development of these respective localities. These stations are to be established under the following conditions; provided, however, that not more than one such station shall be located in any county : (1) The location of the station shall be determined by the board of regents of the University of Wisconsin, who, in making such selection, shall take .into consideration the relative opportunities for agricultural development in the respective regions. (2) The location of such stations shall be contingent upon the county leasing to the regents of the university, a suitable tract of cleared land, free of cost, for such period as may be mutually agreed upon, and appropriating for the partial maintenance of such demonstration station a sum not less than five hundred dollars, which sum shall be paid annually for period of lease to the secretary of the board of regents of the university. [1911 c. 624; 1913 c. 758 s. 6] 235 Chap. 25 s. 392ew» — Sa A [The State University. State soils laboratory. Section 392em — 8a. 1. The regents of the state university- shall establish a state soils laboratory in connection with the college of agriculture. 2. So far as possible the state soils laboratory shall make use of the rooms, apparatus and supplies of the department of soils of the college of agriculture and of the services of the instructional, laborat< ry and field stall' of the department. When necessary to the proper carrying out of the provisions, of this section, to secure the use of accommodations, apparatus and supplies other than those available in the department of soils or to secure the services of university or other state employes not employed in the department of soils, the regents shall cause to be made such arrangements as may be necessary to provide the accommodations, apparatus, supplies or services required. 3. It shall be the purpose and the duty of the state soils laboratory to make field ex- aminations and laboratory analyses of the soil of any land in this state and to certify to the results of such examinations and analyses upon the request of the owner or the occu- pant of the land and the payment by him of the fee or fees hereinafter prescribed. 4. For services rendered under this section the state soils laboratory shall charge the person requesting such services a fee which shall be calculated as follows : (1) For the field examination and the chemical analysis of the soil of any tract of land not exceeding one hundred sixty acres in area, when requested by one person, five dollars. ('_') ^'hen the tract of land exceeds one hundred and sixty acres, for each additional one hundred and sixty acres or part thereof, or for each additional field examination or for each additional field examination and chemical analysis of the soil, when requested by one person, three dollars. (3) Whenever five or more residents in any organized town shall request such field ex- amination or chemical analysis, or both, of land owned by such persons in such town, the charge to each such person, for the service stated in subdivision (1) of this subsection, shall be three dollars and for the service stated in subdivision (2) of this subsection shall be two dollars; and the soils laboratory shall, upon the request of such persons for whom such ex- aminations and analyses are made, and without additional charge, send a rej:>resentative to such community, who shall give a full and complete explanation of such examination and analysis, the purposes for which such soils may be used and the manner in which such lands may be improved. 5. The state soils laboratory shall make an annual report of its work to the dean of the college of agriculture, and the dean of the college of agriculture shall include these reports verbatim or in summarized form in his biennial report to the regents of the university in such manner as to show : (1) The number of requests made for the services of the laboratory; (2) The number of requests complied with; (3) The fees received by the laboratory; (4) The expense of conducting the laboratory; and (5) Such other facts as may be necessary in judging of the value of the work done by the laboratory. [1913 c. 646] Section M2em— 9. [Repealed by 1913 c. 758 s. 5] Hog cholera serums. Section 392em — 10. 1. The regents of the University of Wis- consin shall cause to be prepared by the agriculture college and the department of veter- inary science thereof, serums or vaccines which will produce immunity in hogs against the disease known as cholera, and for such purposes shall cause the agricultural college to ob- tain such additional assistance and install such additional equipment, materials, appli- ances and apparatus as may be necessary. 2. The regents shall, through the agricultural college, furnish to any bona fide resident of this state, who is engaged in the raising of hogs, and who makes request therefor, such serums and vaccines as may be necessary to immunize his hogs against cholera, and shall charge and collect therefor at the rate of one cent per cubic centimeter; provided that no serums or vaccines shall be furnished to any person at such price unless such person shall have first produced sufficient evidence that the disease known as hog cholera exists among the hogs belonging to such person, or among the hogs in his immediate neighborhood, and, in the latter case, evidence shall be furnished to show that there is danger of the disease being communicated to the hogs of such person. Such serums or vaccines may also, upon request, be furnished to any bona fide resident of this state who is engaged in the raising of hogs, and for the use of such person, when the conditions above mentioned do not exist, but the price therefor shall be the actual cost of the production of such serums or vac- cines. Moneys received under this section shall be used to carry out the provisions of this section. 3. It is further provided that hog cholera virus (disease-producing blood) which is used in certain methods of vaccination shall not be administered by any person or persons 236 Chap. 25 s. 392em — 12J [The State University. except a legally qualified veterinarian and shall be used only in herds where the disease has recently occurred or in adjacent herds. Provision is hereby mads for' the use of virus in other cases only upon the previous written approval of the state veterinarian. Further- more every person in control of premises on which hogs have died from cholera are re- quired promptly to burn the carcasses with lire or bury and cover the same with lime or a large quantity of ashes. Any person violating any of the provisions of this subsection shall be punished as provided in subsection 4 of this section. 4. Any person who shall sell, give away, maliciously waste or otherwise misuse or mis- apply any serums or vaccines furnished to him under the provisions of this section, and any person who shall wilfully misrepresent himself or who shall in any wise misrepresent or falsify for the purpose of obtaining any serums or vaccines from the agricultural col- lege under this section, or any person who shall violate any of the provisions of this sec- tion shall be deemed guilty of a misdemeanor and upon conviction thereof shall be pun- ished by a fine of not less than ten dollars nor more than five hundred dollars or by im- prisonment in the county jail for not less than ten nor more than ninety days, or by both such fine and imprisonment. [19 13 c. 370 ; 1915 c. 305] Pharmaceutical experiment station. Section 392em — 12. The board of regents of the state university are authorized and directed to establish, equip and maintain in the de- partment of pharmacy of the state university a pharmaceutical experiment station. The duties of the said station shall be: (1) To co-operate with the bureau of plant industry of the department of agriculture in the maintenance of the northern station for the cultivation of medicinal plants and to disseminate such information as may lead to the proper cultivation of medicinal plants and the production of high grade vegetable drugs in this state; and (2) To serve the public at large by co-operation with both j^harmacists and physicians in securing for the sick the best medicines that pharmaceutical science and art can provide, and further by co-operation with the state board of pharmacy, the state board of health, and the dairy and food commission to bring about these results. [1913 e. 404] Section 392/. [Repealed by 1913 c. 758 s. 5] Contagious abortion experiments. Section 392/ — 5. There is appropriated to the regents of the university out of any money in the treasury not otherwise appropriated the sum of five thousand dollars, said sum to be expended by said board through the agricul- tural college in experimenting with the disease amongst animals known as "contagious abortion," with a view of finding a cure therefor and thereby eradicating such disease. [1913 c. 76] Sections 392g to 392j, inclusive. [Repealed by 1913 c. 758 s. 5] geological and natural history survey. Constitution of survey. Section 392j — 1. There is hereby constituted a geological and natural history survev of the state of Wisconsin. [1897 c. 297 s. 1; 1911 c. 663 s. 13] Purposes. Section 392j— 2. This survey shall have for its object : (1) The completion of the geological survey of the state, and especially the exami- nation of the rocks, with reference to the occurrence of iron ores, building stones, and other valuable mineral products, and in reference to their value as material for road con- struction. (2) A study of the soils of the state. (3) A study of the plants of the state, and especially of the forests, with reference to their cultivation and preservation. (4) A study of the animal life of the state, and especially the occurrence, distribu- tion and production of fish in the lakes and streams of the state, and a study of foods and enemies of fish. (5) The preparation of an account of the physical geography and natural history of the state, in such form as to serve as manuals for the public schools, and of special reports on subjects of economic importance, in such form as to be of direct service to the people. (6) The completion of the topographic map of the state begun by the United States geological survey \ but no money shall be expended for topography unless an equiva- lent amount be expended for this purpose in the state by the United States government. [1897 c. 297 s. 2; 1911 c. 663 s. 13] Board of commissioners created; organization; functions. Section 392 j — 3. This survey shall be governed by a board of commissioners, consisting of the governor of the state, the state superintendent of public instruction, the president of the state university, the president of the commissioners of fisheries, and the president of the Wisconsin acad- emy of sciences, arts and letters. The commissioners shall meet within thirty days 237 Chap. 25 s. 392j — ij [The State University. after the passage of this act, and organize as a commission and adopt by-laws for their government, not inconsistent with law, and shall meet at such times and places as they may prescribe. A majority shall be a quorum. They shall choose from their number, a president, secretary, and such other officers as their by-laws may prescribe. The commis- sioners shall have general charge of the survey, and shall appoint a superintendent of the survey, and on his nomination, such assistants and employes as they may deem necessary and may remove them at pleasure. [1897 c. 297 s. 3; 1911 c. 663 s. 13; 1913 c. 772 s. 58] Publication of reports; stationery and postage. Section 392j — 4. It shall be the duty of the commissioners to prepare a report before the meeting of each legislature, showing the progress and condition of the survey, giving an account of money spent, together with such other information as may be deemed necessax-y and useful. The super- intendent shall transmit to the commissioners, from time to time, special reports, with necessary illustrations and maps, as these are completed. If approved by the commis- sioners they shall be transmitted to the commissioners of public printing, who are author- ized to have the reports published in a suitable manner, as independent reports, as bulletins of the state university, or in the transactions of the Wisconsin academy of sciences, arts and letters, as the commissioners of the survey deem best. If published as independent re- ports, it shall be the duty of the commissioners of public printing to decide as to the num- ber of copies in the edition of each particular report. Five copies of each report shall be delivered to each of the state officers, and to each member of the legislature. The number of copies provided by law for other public documents shall be furnished to the state histor- ical society, the library of the state university and other state institutions. The remainder of the independent reports shall be distributed, used in exchange, or sold by the commis- sioners of the survey, as the interest of the state and of science demands. All moneys ob- tained by the sale of reports shall revert to the state treasury, as a part of the general fund. Volumes obtained in exchange for reports shall be added to the library of the Wis- consin academy of sciences, arts and letters. The superintendent of public property shall furnish, upon the requisition of the president of the commissioners of the survey, such stationery and postage stamps as may be necessary for the use of the commissioners and the superintendent of the survey in official business. [1897 c. 297 s. 4; 1911 c. 663 s. 13] Dissemination of material collected. Section 392j — 5. After material collected shall have served the purposes of the survey, it shall be distributed to the state univer- sity, the colleges of the state, the state normal schools, and the free high schools of the state, under the approval of the commissioners of the survey, in such a manner as to be of the greatest advantage to education in the state. [1897 c. 297 s. 5; 1911 c. 663 s. 13] Section 392k. [Repealed by 1913 c. 772 s. 59] Soil survey and map. Section 392k — 1. The geological and natural history survey of the state of Wisconsin is directed to cause a soil survey and a soil map of the state to be made for the purpose of ascertaining the character and fertility of the developed and undeveloped soils of the state, the extent and practicability of drainage of the swamp and wet lands of the state, and the means for properly conserving and increasing the fertility of the soil of the state, such work to be carried on in co-operation with the college of agriculture of the University of Wisconsin. [1909 c. 403; 1911 c. 627] Investigation of geological resources; topographic map; survey of lead and zinc region and water powers; report; appropriation. Section 392Z. 1. The geological and natural history survey is directed to investigate the geological resources of the state with regard to quantity, quality and present and future economic value, paying particular attention first to iron ore, fluxing limestones, and road materials. 2. Said geological and natural history survey is further directed to carry on as rap- idly as practicable the topographic mapping of the state. This work may be done in co-operation with national, state or private organizations, according to arrangements deemed advantageous to the state. 3. Said geological and natural history survey is farther directed to extend the survey of the lead and zinc region beginning with districts which are at present of greatest economic importance. 4. Said geological and natural history survey is further directed to continue the sur- vey of the water powers of the state. This last survey may be made in conjunction with the United States geological survey. 5. Upon completion of the work named, full reports shall be made to the governor for the use of the legislature. [1907 c. 641; 1907 c. 676 s. 23; 1909 c. 458; 1911 e. 627; 1913 c. 772 s. 59] Survey of mineral lands, mines and water powers. Section 392? — 1. 1. The geo- logical and natural history survey is directed to examine the lands of the northern part of the state and classify them in accordance with their mineral content and geological and 238 Chap. 25 s. 392m] [The State Universitt. other evidences of the presence of mineral. The classification shall be made in a manner to be agreed upon by the state tax commission and said survey, and as rapidly, as the classi- fication of each separate township is completed, the detailed report of such township shall be furnished to the tax commission. 2. The said geological and natural history survey is authorized to enter upon any and all lands for the purpose of making a geological examination thereof by persons competent to make such examination, and to require the owner or lessor of such lands to open to their inspection for the purposes of this act all records relating to the presence of minerals and furnish for inspection copies of such maps or plats as may be in his possession. 3. Said geological and natural history survey is directed to examine the mines and ex- plored mineral lands of the state by persons competent to make such examinations and make an accurate determination of the amount of ore therein, the expense of mining, the probable life of the mine, and such other factors as may be necessary, in the judgment of the state tax commission and the geological and natural history survey, for a proper valua- tion thereof. For the purpose of this investigation all books, inventories, waybills, maps, plats, correspondence, and memoranda relating to or used in the transaction of the business of any person, copartnership or corporation owning or operating any such mine or ex- plored mineral land, shall on demand by the geological and natural history survey, or its authorized representative, be open to its or his inspection or examination. Any such per- son, cop-artnership or corporation owning or operating any mine or explored mineral lands shall furnish for inspection to the geological and natural history survey, upon re- quest, copies of all maps and plats that relate to the workings of his or its mine or mines and to his or its explored mineral lands." 4. Said geological and natural history survey is further directed to investigate the water powers of the state by carefully gauging the flow of the streams, by making surveys of the profiles of the streams, by a study of the effect of the drainage of lands upon the flow of streams, and by such other investigations as may prove necessary and expedient. 5. Any officer, agent, clerk or employe of said survey or said tax commission who shall divulge or make known to any person except the officers of said survey or said tax com- mission, in any manner, directly or indirectly, any information whatsoever given to him in the discharge of his duties under subsections 2 and 3 of this section, which information shall have been given him with the request that it be not divulged, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or by imprisonment in the state prison for not more than two years in the discre- tion of the court; provided, that nothing herein contained shall prevent the use for assess- ment purposes of any information obtained under the provisions of this act. [1913 c. 672] WISCONSIN MINING SCHOOL. Wisconsin mining school. Section 392m. A school shall be established in the city of Platteville, to be called the Wisconsin mining school, for the purpose and under the regu- lations contained in sections 392» to 392z/, inclusive. [1907 c. 573; 1915 c. 560] Mining school board. Section 392w. The said school shall be under the control and management of a board of three members to be known as the Wisconsin mining school board, one of whom shall be the superintendent of public instruction, and two shall reside in the southwestern part of the state in what is known as the lead district, who shall be appointed by the governor of the state, one for a term of two and one for a term of four years, beginning with the first day of July, 1907, and thereafter for terms of four years, who shall serve without compensation. Vacancies on the board shall be filled for the unexpired term. [1907 c. 573] Board meetings; quorum; officers; disbursements. Section 392o. The" board shall hold its first meeting in the city, of Platteville on the fifteenth day of July, 1907. Meetings may be called subsequently by two of said members in such manner as they may direct, and all meetings may be adjourned at the pleasure of the board. A majoritv of the board shall constitute a quorum for business. The superintendent of public instruction shall be president of such board. At the first meeting of said board or as soon as mav be, said board shall appoint some suitable person secretary to hold his office during the pleasure of the board and shall fix times for regular meetings of the board. The state treasurer shall be the treasurer of the board. No money shall be paid out, nor any con- tract be made, or any act done, involving the payment of money or the disposal of prop- erty, except in pursuance of a vote of the board. [1907 c. 573] Buildings, equipment and faculty. Section 392p. As soon as the means in its hands will permit without incurring indebtedness, said board shall proceed to obtain a suitable location, and lease, purchase or erect such buildings, and procure such furniture, appa- 239 Chap. 25 s. 392g] [The State University. ratus, library aud implements as may be necessary for tbe successful operation of said school, and appoint a principal and such other teachers and assistants as the board may deem expedient, with salaries to be paid from time to time as it -may agree and to regu- late their duties, but no agreement shall be valid whereby such board shall be prevented from discharging any one in its employ upon two months' previous notice. [1907 c. 573] Study course, dean of engineering to approve; incidental fees and tuition. Section 392g. The course of instruction shall be two years in length and shall embrace geology, mineralogy, chemistry, assaying, mining and mining surveying and such other branches of practical and theoretical knowledge as will, in the opinion of the board, conduce to the end of enabling students of said school to obtain a knowledge of the science, art and practice of mining and the application of machinery thereto. The dean of the college of engineering of the University of Wisconsin shall be consulted concerning the course of study, and the same and all modifications thereof shall be approved by him. No student who shall have been a resident of the state for one year next preceding his admis- sion shall be required to pay his fees or other charges for tuition or other purposes in said school, except for the cost price of materials actually consumed by such student in pursuit of any studies. The board may prescribe rates for tuition for any student who shall not have been a resident as aforesaid, which shall not be less than fifty nor more than two hundred dollars per year. [1907 c. 573] Study course; school government. Section 392r. The course of study, the terms and the hours of instruction shall be regulated by the board, who shall also have power to make all such rules and regulations concerning the admission, control and discipline of students and other matters, as may be deemed necessary for the good governmenl of the institution, and convenience and transaction of its business, and also to grant diplomas upon the completion of the prescribed course. [1907 c. 573] Debt and property transactions. Section 392s. No debt shall be contracted beyond or apart from the actual means at the disposal of the institution. The board may dispose of or lease any property donated to the state for the purposes of said school. The board shall not enter upon the business of mining, or pursue the same, except so far as it may be deemed necessary in the course of instruction, nor shall they purchase any lands beyond what are required for the reasonable accommodation of the school. The board shall not sell, mortgage or otherwise dispose of any real estate purchased by them or donated by the state without the express authority of the legislature. [1907 c. 573] Mineral collection; annual report. Section 392t. It shall be the duty of the board to provide for obtaining a complete collection of the minerals of the lead region of Wis- consin and classifying the same. The board shall on the thirtieth day of June of each even-numbered year make a report of its proceedings to the governor, and shall transmit therewith a general report showing their receipts and expenditures during the period for which the report is made, as well as the general affairs of said school. [1907 c. 573; 1913 c. 758 s. 10] Section 392m. [Repealed by 1913 c. 758 s. 9] Section 392v. [Repealed by 1911 c. 663 s. 15] County aid. Section 392w. The county board of any county is hereby authorized to appropriate money for the equipment and maintenance of the Wisconsin mining school. The county boards of two or more counties may appropriate money for the equipment and maintenance of said school. When two or more counties unite in equip- ping and maintaining said school, the Wisconsin mining school board shall apportion the amount to be raised by taxation among the counties in proportion to the assessed valua- tion of each county as last fixed by the state board of assessment, and shall report to the county clerk of each county the apportionment so made, on or before the first Monday of November in each year. The amount so apportioned to each county shall be levied in the county tax for the ensuing year for the support of such school. Any such appropriation may be made by any such county at any regular annual meeting of the county board after the passage and publication of this act, which appropriation shall be available on and after the thirtieth day of June, 1911, and annually thereafter as provided in this section [1909 c. 362; 1915 c. 560] Section 392a;. [Repealed by 1915 c. 560 s. 2] City aid; reimbursement; limit; certificates; payment. Section 392y. Any city wherein a mining school is located may appropriate annually for equipping and maintain- ing said school or may appropriate annually for the purpose of reimbursing any county or counties which have appropriated money for the equipment and maintenance of such school a sum not exceeding three thousand dollars in any one year. In case no county board shall appropriate any money as provided in section 392w, then any city within which 240 Chap. 26 s. 393] [Normal Schools and Academies. is located a mining school may appropriate annually not to exceed three thousand dollars for the equipment and maintenance of said school. [1909 c. 362; 1911 c. 663 s. 16; 1913 c. 758 s. 10; 1915 c. 560] Section 392^. [Repealed by 1913 c. 75S s. 9] CHAPTER 26. NORMAL SCHOOLS AND OF ACADEMIES. Board of regents of normal schools. Section 393. For the government of the nor- mal schools established, and which may hereafter be established, and for the performance of the duties prescribed to them, there is constituted a board of eleven regents, called "The Board of Regents of Normal Schools," composed of the state superintendent, as ex officio regent, and of ten appointed regents, at least one of whom shall be a woman; the term of office of the appointed regents commencing with the first Monday in Febru- ary in the year in which appointed, shall be five years and until the appointment and qualification of their respective successors; except that the regents first appointed under this act shall be divided into five classes of two each, and the term of office of said classes so first appointed shall be respectively one, two, three, four and five years and until their successors shall be appointed and qualified, and their successors in office shall continue so divided into five classes of two each, so that the term of office of two regents shall expire each year. The governor shall fill all vacancies by appointment, and in case of a vacancy before the expiration of a term, the appointment shall be for the residue of the term only. [1869 c. 151 s. 24; 1870 c. 29 s. 2; 1876 c. 17 s. 1; R. S. 1878 s. 393; Ann. Stats. 1889 s. 393; Stats. 1898 s. 393; 1899 c. 74 s. 1, 2; 1899 c. 260 s. 1; 1901 c. 166 s. 1; 1905 c. 168 s. 1; Supl. 1906 s. 393; 1907 e. 118] Powers of regents. Section 394. The board of regents and their successors in office are constituted a body corporate by the name aforesaid; and may purchase, have, hold, control, possess and enjoy, in trust for the state, for educational purposes solely, any lands, tenements, hereditaments, goods and chattels of any nature which may be necessary and required for the purposes, objects and uses of the state normal schools authorized by law and none other, with full power to sell or dispose of such personal property or any part thereof when in their judgment it shall be for the interest of the state; and shall possess all other powers necessary or convenient to accomplish the objects and perform the duties prescribed by law. The board of regents shall not sell, mort- gage or dispose of in any way any real estate, nor borrow money without the express authority of the legislature; nor shall they contract indebtedness nor incur liabilities to exceed, at any time, in the aggregate, the amount of money which, under the pro- visions of law, shall then be at their disposal in the hands of the state treasurer; nor shall said board ever reduce the amount so at their disposal below the aggregate amount of their indebtedness or liability, except in payment of such indebtedness or liability. The proceeds of the sale of any real or personal estate shall be paid by them into the treas- sury, and shall become a part of the income of the normal school fund. [1866 c. 116 ; 1869 c. 151 s. 26; 1878 c. 227; R. S. 1878 s. 394; Ann. Stats. 1889 s. 394; Stats. 1898 s. 394; 1913 c. 758 s. 3] Officers. Section 395. The officers of the board shall be a president, vice president and secretary; they shall severally hold their offices for the term of one year, and until their successors are elected, and shall perform the duties incident to their several offices, and such as are prescribed by the board. The state treasurer shall be, ex officio the treas- urer of the board, but the board may appoint suitable persons to receive any tuition fees or other monevs that may be due from any student or other person, and pay the same to the treasurer. [1866 c. 116 s. 11; 1869 c. 151 s. 24, 36; 1870 c. 29 s. 2; 1876 c. 13 s. 1; R. S. 1878 s. 395; Ann. Stats. 1889 s. 395; Stats. 1S98 s. 395; 1905 c. 168 s. 2; Supl. 1906 s. 395; 1907 c. 118] Meetings; quorum. Section 396. The said board shall be supplied by the superin- tendent of public property with necessary office room or rooms in the capitol, and the said board shall hold an annual meeting at such office on the second Wednesday in July in each year or at such time as they may designate. ' Special meetings may be called by the gov- ernor or by the president of the board on a petition signed for that purpose by any three regents. A majority of the regents shall constitute a quorum for the transaction of busi- ness ; but a less number may adjourn from time to time. [1869 c. 151 s. 24, 25; 1870 c A 1876 c. 13 s. 1, 2; R. S. 1878 s. 396; Ann. Stats. 1889 s. 396; Stats. 1898 s. 3£ " c. 758 s. 3] 16 241 Chap. 26 s. 396a] [Normal Schools and Academies. Normal regents' meetings public. Section 396a. The meetings of the board of re- gents of the normal schools shall be open to the public and the press and all records of such meetings and of all proceedings of such board shall be open to inspection by the pub- lie and the press at any reasonable hours thereafter; provided, that said board may hold executive sessions, the findings of said executive sessions to be made a part of the records of the proceedings of said board. [1913 c. 200] Removal of regents; disqualification of officers, etc. Section 397. Any regent may be removed from office for cause upon reasonable notice by a vote of two-thirds of all the regents. No regent or officer, trustee or person appointed or employed in any position or capacity connected with normal schools or normal institutes shall at any time act as agent of any author or publisher of or dealer in schoolbooks, maps or charts, or school library books, or school furniture or apparatus, or become interested directly or indirectly in the publication, manufacture or sale of any such as agent or otherwise, except solely as author or inventor, and for a violation hereof any regent shall be expelled from the board by a majority vote of the regents; provided, that the purchase and use of books and appliances written or invented by persons connected with any of the schools shall not be deemed to be prohibited. [1866 c. 116 s. 6; 1867 c. 30 s. 3; 1S69 c. 151 s. 25, 30, 42; 1876 c. 13 s. 2; R. S. 1878 s. 397; Ann. Stats. 1889 s. 397; Slats. 1898 s. 397] Section 398. [Repealed by 1913 c. 758 s. 2] Other normal schools; alteration, etc., of buildings. Section 399. In addition to those heretofore established, the said board of regents may establish other state normal schools at such places as they may designate, upon sites selected by them; and when, in their opinion, the educational interests of the state require it, they may proceed to erect suitable buildings upon the sites so selected, and they may enlarge, alter or repair any normal school buildings. "Whenever any such site shall be donated, then as soon as the title thereto shall be vested in them in fee in trust as aforesaid, and when money is do- nated, then as soon as such money is paid into the state treasury, subject to be paid out only on the warrant of the secretary of state, as provided in the next section, or secured to be paid by the deposit with the state treasurer of United States or Wisconsin state bonds in amount equal in value to the sums of money so donated, said board may procure suitable plans and specifications for such buildings, alterations or repairs thereof, and employ persons to superintend the construction of the same; and they may advertise for proposals to erect, repair or enlarge any normal school building, reserving the right to reject any and all proposals made in pursuance of such advertisements and the expense of such advertising and procuring plans and specifications shall be paid from the normal school fund income. [1S59 c. 94 s. 15; 1866 c. 116 s. 4, 5; 1869 c. 151 s. 28, 29; 1875 c. 5 s. 1; R. S. 1878 s. 399; Ann. Stats. 1889 s. 399; Stats. 1898 s. 399] Donations, collection and application of. Section 400. The said board shall demand and receive the sums of money donated and subscribed by any persons to aid in the erec- tion of the necessary buildings for normal schools in such manner as said board may pre- scribe, and apply the same in the erection and completion of said buildings, the purchase of the necessary books, apparatus, furniture and fixtures, and for various other incidental expenses to be incurred by said board in pursuance of the provisions .of these statutes, and if any surplus shall remain, apply the same to the expenses of conducting said nor- mal schools; and any deficit which may arise in the erection and completion of said build- ings and purchases aforesaid shall be paid out of the normal school fund income. [1869 c. 151 s. 27; 1875 c. 5 s. 1; R. S. 1878 s. 400; Ann. Stats. 1889 s. 400; 1897 c. 19; Stats. 1898 s. 400] Auditing accounts. Section 401. All payments for the erection, repairs or enlarge- ment of any normal school buildings, or for fixtures or furniture therefor, and all dis- bursements from the normal school fund income, including the expenses of boards of visit- ors of normal schools and of teachers' institutes shall be made by the treasurer of said board on the warrant of the secretary of state drawn in accordance with the certificate of the president and secretary of the board, after being audited and allowed pursuant to its rules and regulations, and not otherwise; and in case of a donation no such warrant shall be issued for any part thereof until the sums donated and subscribed shall have been paid into the state treasury, nor in any case until the work shall be done, the services rendered, buildings erected or fixtures or furniture purchased under the direction of said board, and pursuant to a contract made with it. All claims and accounts, before being certified to the secretary of state by the aforesaid officers of such board, shall be verified and ap- proved in the same manner as claims against the state university are required to be veri- fied and approved. [1S69 c. 151 s. 27; 1S75 c. 5 s. 1; R. S. 1878 s. 401; 1879 c. 93; Ann. 242 Chap. 26 s. 401m] [Normal Schools and Academies. Stats. 1889 s. 401; 1S95 c. 296; Stats. 1898 s. 401; 1905 e. 168 s. 4; Supl. 1906 s. 401; 1907 c. 118] Normal schools' accounts; biennial examination. Section 401m. 1. The board of regents of the state normal schools shall cause all of the financial transactions and ac- counts of or relating to the several state normal schools under their supervision at the close of each biennial period to be fully and thoroughly examined by an audit company of recognized business standing and reliability, and approved of by the governor and in no way connected with any such schools gr with any of their activities. The cost of such audit shall be paid from and charged against the proper appropriation for the board of normal school regents. When made. 2. Such examination shall be commenced immediately after the close of said period and be completed as soon as practicable. Report. 3. Upon the completion of such examination a full and detailed report thereof shall be made by such audit company to the governor, and a printed copy of such report shall be furnished to each member of the next legislature not later than thirty days prior to the beginning of the next regular session. [1909 c. 495 ; 1911 c. 663 s. 18; 1913 g. 758 s. 2, 3] Objects of schools. Section 402. The exclusive purposes and objects of each nor- mal school shall be the instruction and training of persons, both male and female, in the theory and art of teaching, and in all the various branches that pertain to a good common school education, and in all subjects needful to qualify for teaching in the public schools; also to give instruction in the fundamental laws of the United States and of this state in ■ what regards the rights and duties of citizens. [1875 c. 5 s. 2; R. S. 187S s. 402; Ann. Stats. 1889 s. 402; Stats. 1898 s. 402] Model schools. Section 403. Said board shall also establish a model school or schools for practice in connection with each state normal school, and shall make all the regulations necessary to govern and support the same; and they may in their discretion admit pupils to such model schools free of charge of tuition. [1866 c. 116 s. 7 ; 1869 c. 151 s. 31; R. S. 1878 s. 403; Ann. Stats. 1889 s. 403; Stats. 1898 s. 403] Powers of board as to schools. Section 404. The said board shall have the govern- ment and control of all the normal schools, and shall have power therefor : (1} To make rules, regulations and by-laws for the good government and management of the same and each department thereof. (2) To appoint a principal and assistants and such other teachers and officers and to employ such persons as may be required for each of said schools; and to prescribe their several duties. (3) To remove at pleasure any principal, assistant or other officer or person from any office or employment in connection with any such school. (4) To purchase within the amount appropriated for such purposes any needful and proper apparatus, books or articles to assist in instruction, and to provide for all necessary fuel and supplies for the conduct of such schools. (5) To prescribe the courses of study and the various books to be used in such schools. But when any state normal school shall offer a course for the express purpose of training teachers for country schools, the completion of which shall entitle one to the certificate mentioned in section 405, as amended by this act, the course of study shall be the full and fair equivalent of the course of study prescribed for the county training schools by the state superintendent. (6) To cause notice to be given of the opening of such schools and the several terms thereof. (7) To prescribe rules and regulations for the admission of students; but every applicant for admission shall undergo an examination to be prescribed by the board, and shall be rejected if it shall appear that he is not of good moral character, or if applying as a free pupil will not make an apt or good teacher. (8) To require any applicant for admission, other than such as shall, prior to admis- sion, sign and file with said board a declaration of intention to follow the business of teaching common schools in this state, to pay or to secure to be paid such fees for tuition as the board may deem proper and reasonable. (9) To cause lectures on any art, science or branch of literature to be delivered in any such schools on such terms and conditions as they may prescribe. (10) To confer by by-laws upon the principals of the several normal schools the power to suspend or expel pupils for misconduct or other cause prescribed in such by- laws. [1869 c. 151 s. 30, 32, 33, 37, 39; R. S. 1878 s. 401; Ann. Stats. 1889 s. 404; Stq 189S s. 404; 1909 c. 204; 1913 e. 758 s. 3] 243 S Ch-ap. 26 s. 405] [Normal Schools and Academies. Diplomas; certificates. Section 405. Said board may grant diplomas in testimony of scholarship and ability to teach, but no such diploma shall be* granted until such grad- uate shall have passed a thorough and satisfactory examination in the course of study pre- scribed by the board. When any such graduate has, after receiving such diploma, taught a public school in this state one year, the state superintendent may, after such examina- tion as to moral character, learning and ability to teach as to him may seem proper, issue to such teacher an unlimited state certificate, and thereafter such unlimited certificate shall be evidence of his qualification to teach in any common school. The said board may also, on such conditions as they may determine, grant a certificate of attendance certifying that the holder has completed the elementary course in a normal school and is qualified to teach a common school; and the said superintendent may, upon conditions above pre- scribed respecting diplomas, issue a limited state certificate, and thereafter such certificate shall be evidence of his qualification to teach in any common school of the state. The said board of regents may also on such conditions as they may determine, grant a certificate, certifying that the holder has completed the course for teachers of country schools in a normal school and is qualified to teach in a country school. Such certificate shall have the same force and effect in all respects as the certificate of a county training school, as defined in section 411 — 6, and any acts amendatory of the same. [1869 c. 151 s. 38, 39; 1875 c. 96; R. S. 1878 s. 405; 1885 c. 136; Ann. Stats. 1889 s. 405, 458d; Stats. 1898 s. 405, 4972 sub. 14, 15; 1909 c. 204] Section 406. [Repealed by 1913 c. 758 s. 2] Mill-tax appropriation. Section 406a. 1. There shall be levied and collected annu- ally a state tax of one-sixth of one mill for each dollar of the assessed valuation of the tax- able general property of the state as ascertained and fixed by the state board of assess- ( tnent for apportionment of the state tax to the several counties, which amount when so levied and collected, shall be added to the normal school fund income, to be used for cur- rent and administration expenditures and for the increase and improvement of the facili- ties of the normal schools of the state and shall be expended only at such times and in such amounts as the legislature shall direct. 2. There is annually appropriated for the period of three years from July 1, 1911, the sum of one hundred fifty thousand dollars to the normal school fund income from the general fund of the state out of any money not otherwise appropriated, to be used for the construction and equipment in the order of the greatest need therefor of such addi- tional buildings and the enlargements and repairs of buildings, equipment thereof, and the purchase of additional grounds, as in the judgment of the board of normal school regents shall be absolutely required, and can be completed within the appropriation herein made. 3. All appropriations made by law to the board of normal regents for the construction of new buildings, shall be expended in accordance with the following conditions : (1) Construction shall, unless otherwise directed by law, be in order of the greatest need therefor as determined by the regents. (2) No plan or plans shall be finally adopted, and no contract or contracts shall be entered into by the regents for the construction of any building until such plans and con- tracts, with complete estimates of the total cost thereof, shall have been submitted to, and in writing approved by the governor, who shall withhold such approval until he shall sat- isfy himself by a personal examination or by such other means as he may in his discretion adopt, that such building is required for the purpose proposed, and that it can and will be erected and fully completed according to such plans or contracts for the sum proposed for the same by the regents out of the appropriation made for such purposes. 4. The board of regents of normal schools is authorized to improve the grounds se- lected for a site for a normal school in the city of Eau Claire and donated to the state for that purpose, by grading and planting trees, and otherwise, if necessary, and shall cause to be prepared full plans and specifications and estimates for building and equipment necessary to properly establish and organize such school, and shall submit the same to the legislature at the beginning of the session of 1913. 5. The board of normal school regents may extend the course of instruction in any normal school so that any course, the admission to which is based upon graduation from an accredited high school or its equivalent may include the substantial equivalent of the instruction given in the first two years of a college course. Such course of instruction shall not be extended further than the substantial equivalent of the instruction given in the first two years of such college course without the consent of the legislature. [1885 c 364- Ann. Stats. 1889 s. 406a; Stats. 1898 s. 406a; 1899 c. 170 s. 2; 1901 e. 370 s. 1; 1903 c. 135; Supl. 1906 s. 406a; 1907 c. 118; 1909 c. 319; 1911 c. 631 s. 8; 1913 c. 758 s. 3; 1913 c. 760 s. 6] 244 Chap. 26 s. 407] [Normal Schools and Academies. teachers' institutes. How held and conducted. Section 407. Institutes for the instruction of teachers shall be held in each year in such counties as may be designated by the state superin- tendent, with the advice and concurrence of said board, preference being given to such counties as receive the least direct benefits from the normal schools. The state superin- tendent, by and with the advice and consent of said board, may make such rules and regulations as they shall deem proper for organizing and conducting such institutes, and may, by and with the like advice and consent, employ an agent or agents to perform such work in connection therewith as by such rules and regulations may be prescribed. Each of said institutes shall be held under the direction of such agent or agents, assisted by the county superintendent. The course of study pursued in such institutes shall, as far as practicable, be uniform, and be prescribed by the state superintendent with the assistance of such agents, but subject to revision by said board. [1869 c. 151 s. 40-42, 44, 45; 1871 o 18 s. 1-3; 1876 c. 203; R. S. 1878 s. 407; Aim. Stats. 1889 s. 407; Stats. 189S s. 407] Section 408. [Repealed by 1913 c. 758 s. 2] miscellaneous. Normal school fund income. Section 409. The normal school fund income shall, under the direction and management of the said board, be applied to the establishment and support of the state normal schools and the purposes directed in this chapter, but moneys from the said fund shall be available only as expressly appropriated therefrom by the legislature. [1869 c. 151 s. 5, 30; 1870 c. 29; R. S. 1878 s. 409; 1879 c. 98; Ann. Stats. 1SS9 s. 401, 409; Stats. 1898 s. 1898; 1913 c. 758 s. 3] Regents' report. Section 410. The president of said board shall make to the gov- ernor a biennial report, bearing date the thirty-first day of August of the year in which the biennial fiscal term closes, which shall contain a full and detailed account of the doings of the said board, and of all their expenditures and of all moneys received, and the pros- pect, progress and condition of said normal schools; and such report, together with the reports of the different boards of visitors, shall be transmitted to the legislature by the governor. [1869 c. 51 s. 35; R. S. 1S78 s. 410; Ann. Stats. 1889 s. 410; Slats. 1898 s. 410] Reports of academies. Section 411. It shall be the duty of the president of the board of trustees of every organized academy, seminary and literary or collegiate institu- tion heretofore incorporated or that shall be hereafter incorporated, to cause to be made out by the principal instructor or other proper officer, and forwarded to the state super- intendent on or before the tenth day of October in each even-numbered year, a report for the term terminating with the thirty-first day of August of the second preceding year, setting forth the amount and estimated value of real estate owned by the corporation ; the amount of other funds and endowment and the biennial income from all sources; the num- ber of instructors and their respective salaries; the number of students in the different classes and the rates of tuition; the studies pursued and the books used; the course of instruction and such matters as shall be specially requested by said superintendent, or as shall be deemed proper by the president or principal of such academies or institutions to enable the state superintendent to lay before the legislature in his report a fair and full statement of the affairs and condition of such institutions. [1866 c. 27 s. 1; R. S. 1878 s. 411; Ann. Slats. 1889 s. 411; Stats. 1898 s. 411] Inspection of cadets. Section 411a. The president or other principal officer of any incorporated college or school of this state which shall be under military discipline or maintain a regular military department, and have enrolled, uniformed and armed not less than one hundred cadets, may apply in writing to the governor to have the cor]3s of cadets of such college or school inspected by the adjutant general or other officer appointed by the governor for that purpose. Such inspection shall be made during April, May or June of each year, upon fifteen days' notice by mail to such applicant by the inspecting officer, and shall be held in the manner and form prescribed for troops in the service of the United States. [1897 c. 260; Stats. 1S9S s. 411a] Officer's report. Section 4116. The inspecting officer shall report to the governor: (1) The number of officers, noncommissioned officers and privates paraded and in- spected by him in uniform. (2) What such uniform is and the condition thereof. (3) The discipline and state of instruction. 245 Chap. 26 s. 411c] [Normal Schools and Academies. (4) The number and amounts of arms, accoutrements, stores and military property exhibited to him. (5) The true condition of the same. (6) If a cavalry company or battery of artillery be maintained, what number of horses were exhibited and their condition. (7) Whether such corps has complied with these provisions and the orders and regu- lations of the governor. (8) Such other matters as may be required. The inspecting officer shall receive no pay for services, but may be allowed ten cents per mile, to be paid by each of the schools so inspected. [1897 c. 260; Stats. 1898 s. 411b] Suspension from inspection. Section 411c. If such inspecting officer shall report that such corps numbers less than one hundred enrolled, uniformed and armed, or that its condition and military proficiency are not such as, in his judgment, to entitle it to the benefits of section 411d, the governor may notify the president or other principal officer of such college or school that it is suspended from the benefits hereby given, and in such case no application for an inspection as herein provided shall be granted for a period of two years. [1897 c. 260; Stats. 1898 s. 411c] Graduates; rank of. Section 411d. In all cases where a satisfactory report is made by such inspecting officer the students of such college or school, residents of this state, graduating during the year within which such report is made and receiving full diploma or certificate from such college or school, shall be entitled to the honorary rank of second lieutenant in the unorganized militia of the state; provided, that nothing herein shall be construed to give stich graduates any right to wear the uniform of the Wisconsin national guard. [1897 c. 260; Stats. 1898 s. 411d] COUNTY training schools. What counties may establish schools. Section 411 — 1. The county board of any county within which a state normal school is not located, is hereby authorized to appro- priate money for the organization, equipment and maintenance of a county training school for teachers of the common schools. [1899 c. 268 s. 1; 1901 c. 373 s. 1; 1903 c. 338 s. 1; Supl. 1906 s. 411—1; 1907 c. 118] Board for; appointments; vacancies; bond; organization. Section 411 — 2. A board to be known as the county training school board, is hereby created, who shall have charge and control of all matters pertaining to the organization, equipment and maintenance of such school, except as otherwise provided by law. Said board shall consist of three mem- bers, one of whom shall be the county superintendent of schools of the county or district in which the school is located. The other members of the board shall be elected by the county board, for the term of three years from the date of their election. Vacancies ex- isting in the board, from whatever cause, except in the case of the county superintendent, shall be filled by appointment made by the chairman of the county board, if the county board is not in session when such vacancy occurs. If the county board is in session, va- cancies shall be. filled by election by said board for the unexpired term. Appointments made by the chairman of the county board, as hereinbefore specified, shall be for the time to elapse until the next regular meeting of the county board. Each person appointed or created a member of the county training school board shall within ten days after the notice of such appointment, take and subscribe an oath, to support the constitution of the United States and the constitution of Wisconsin, and honestly, faithfully and impartially to discharge his duties as a member of said board, to the best of his ability, which oath shall be filed in the office of the county clerk. He shall also, within the same time, file a bond in such sum as may be fixed by the county board, which bond shall be filed in the office of the county clerk. Within fifteen days after the appointment of said board, the members thereof shall meet and organize by electing one of their number as president and one as treasurer; the county superintendent of schools shall be ex officio secretary of the said board. The said board shall prescribe the duties of the several officers, except as fixed by law. [1899 c. 268 s. 2; 1901 c. 373 s. 2; 1903 c. 338 s. 2; Supl. 1906 s. 411—2; 1907 c. 118] Moneys for, how paid. Section 411 — 3. All moneys appropriated and expended under the provisions of this act shall be expended by the county training school board, and shall be paid by the county treasurer on orders issued by said board. [1899 c. 268 s. 3; 1001 c. 373 s. 3; 1001 c. 338 s. 3; Supl. 1906 s. 411—3; 1907 c. 118] Duty of state superintendent. Section 411 — 4. The state superintendent shall give such information and assistance as may seem necessary in organizing and maintaining "240 Chap. 26 s. 411 — 5 J [Normal Schools and Academies. such training schools. He shall prescribe the course of study to be pursued; shall have the general supervision of all schools established under this section; shall from time to time in- spect the same, make such recommendations relating to their management as he may deem necessary, and make such reports thereon as shall give full information concerning their number, character and efficiency; provided, that he shall not place upon the said list more than thirty-three schools. [1899 c. 268 s. 4; 1901 c. 373 s. 4; 1903 c. 338 s. 4; Supl 1906 s. 411—4; 1907 c. 118, 601; 1907 c. 676 s. 19; 1909 c. 264; 1911 c. 455; 1911 c. 664 s. 84; 1913 c. 259] Accredited list; report; state aid; certificate warrant. Section 411 — 5. 1. xVny school established under the provisions of sections 411 — 1 to 411 — 11, inclusive, whose courses of study and the qualifications of whose teachers have been approved by the state superintendent, may, upon application, be placed upon an approved list of county training schools for teachers. A school once entered upon such list may remain listed and be entitled to state aid so long as the scope and character of its work are maintained in such manner as to meet the approval of the state superintendent; provided, that he shall not place upon said list more than thirty schools. On the first day of July in each year the secretary of each county training school board maintaining a school on the ap- proved list shall report to the state superintendent, setting forth the facts relating to the cost of maintaining the school, the character of the work done, the number and the names of teachers employed and such other matters as may be required. 2. Upon the receipt .of such report, if it shall appear that the school has been main- tained in a satisfactory manner for a period of not less than nine months during the year closing on the thirtieth day of the preceding June, the said superintendent shall make a certificate to that effect and file it with the secretary of state. "Upon receiving such certifi- cate, the secretary of state shall draw his warrant, payable to the treasurer of the county maintaining such school, or in case such school is maintained by two or more counties such warrant shall be payable to the treasurer of such school for an amount equal to the sum expended for the wages of duly approved and qualified teachers employed in the school for at least nine months during the school year, provided that a school employing two teachers shall not receive to exceed three thousand dollars, and a school employing three or more teachers shall not receive to exceed four thousand dollars for said nine months. Any county training school for teachers which maintains its school for more than nine months during any school year shall receive for such additional time a sum of money from the state which shall be in the same proportion to the sum received from the state for nine months as the additional time for which the school is conducted over the nine months is to the nine months. Payments made under this section shall be charged -to the appropria- tion provided in section 172 — 59. 3. Any school established under the provisions of sections 411 — 1 to 411 — 11, inclusive, that will adopt a course of study in domestic science and employ a qualified teacher ap- proved by the state superintendent, shall be entitled to receive, in addition to the state aid mentioned in subsection 2 of section 411 — 5, two hundred fifty dollars annually, to be paid in the same manner as other state aid is paid to schools, established under sections 411—1 to 411—11, inclusive, of the statutes. [1899 c. 268 s. 5; 1901 c. 373 s. 5; 1903 c. 338 s. 5; 1905 c. 509; Supl. 1906 s. 411—5; 1907 c. 118, 601; 1907 c. 676 s. 19; 1909 c. 264; 1911 c. 455; 1911 c. 664 s. 84; 1913 c. 495; 1915 c. 292, 448] Certificates to graduates; effect of. Section 411—6. 1. Any person who shall com- plete in a satisfactory manner the course of study prescribed for any county training school, and who shall be of good moral character, shall receive a certificate signed by the principal of the school and by the members of the county training school board. Said certificate shall certify that the person named herein has satisfactorily completed the course of study prescribed for the county training school, and is of good moral character; it shall also contain a list of the standings secured by the person on the completion of each of the studies pursued in the school. 2. Such certificates shall qualify the holder to teach in any common school in the county under the jurisdiction of the county superintendent of schools in which the county train- ing school is located for a term of three years from the date of its issuance; provided, that in case the holder of the certificate shall not have had at least one year of successful ex- perience he shall not be qualified to act as principal of a second class state graded school, nor shall he be eligible to teach in any position for which a state certificate shall be re- quired by law ; provided, that in case the holder thereof has never taught, or cannot fur- nish satisfactory evidence of having successfully taught for at least one school year (seven months) in the public schools of this state, said certificate shall be of full force and effect for one year only from its date of issue. 3. When satisfactory evidence of successful teaching for at least one year (seve months) upon said training school certificate shall be furnished to the county or 247 Chap. 26 s. 411 — 6a J [Normal Schools and Academies. superintendent, said superintendent shall remove the limitation, whereupon the training school certificate shall have full force and effect for two additional years. 4. Be it further provided that in case the holder of a county teachers' training school certificate shall have completed a four year high school course, and shall have taught suc- cessfully for at least seven school months, said certificate shall, when countersigned by the county or district superintendent, legally qualify the holder to teach, for a period of five years from the date when such certificate was granted, and shall also be a legal quali- fication to teach in any department of any state graded school, the principalship of a state graded school of the first class excepted. 5. Any school superintendent or officer authorized to grant certificates to teachers in Wisconsin schools is hereby authorized, in his discretion, to accept standings obtained by the completion of studies in any county training school in the state, when duly certified by the principal of said school, in lieu of actual examination by said superintendent or ex- aminer at any time within three years from the date of the certificate of completion of the course by the person desiring to have such standings accepted. [1901 e. 373 s. 6; 1903 c. 338 s. 6; 1905 c. 509 s. 2; Supl. 1906 s. 411—6; 1907 c. 118; 1911 c. 602; 1913 c. 418} Qualifications of board member and principal. Section 411 — 6a. No member of any county training school board shall be employed in the county training school for teachers, either as principal or as assistant teacher during the term for which he was elected or appointed as a member of such county training school board, nor shall any person be employed as a teacher in such school who does not hold some form of a state license or certificate; provided, that the provisions of this section shall not apply to any person now engaged as a teacher in a county training school, nor shall any person be em- ployed as principal of such school who is not legally qualified for the position of prin- cipal of a free high school having a four years' course of study, nor as an assistant one who does not hold some form of state license or certificate. [1907 c. 601; 1907 c. 676 s. 19; 1909 c. 601; 1911 c. 349} Joint county training schools ; establishment ; maintenance. Section 411 — 7. 1. The county boards of two or more adjoining counties may unite in establishing and maintain- ing a training school for teachers for the purposes and on the same general plan as pro- vided for in sections 411 — 1 to 411 — 6, inclusive, of the statutes, and may appropriate money for its maintenance, and whenever two or more counties unite in establishing such a school, the county superintendents of the counties so uniting and two members in addi- tion chosen from each such county, no member of any county board being eligible thereto, shall constitute the joint county training school board. The members of the board chosen by the comity boards of supervisors shall choose" one of the county superintendents of the counties uniting to maintain the school as secretary of the county training school board. Site; buildings. 2. If, at the Lime of establishing such school, the counties so uniting shall neglect to procure a site or to erect a school building therefor, such joint county training school board shall have power, subject to the approval of the state superintend- ent, to procure such site and to erect a suitable school building thereon. The joint counl\ training school board shall have power, subject to the approval of the state superintend ent, to borrow money for the purposes of this act from the trust funds of the state only. payable in not to exceed ten years with the annual interest at the rate of not to exceed three and one-half per centum, but the total amount of such loans shall not at any time exceed twelve thousand dollars. Loans for site and building purposes shall be made pay- able in equal annual instalments, and provisions for the payment of each such instal- ment, and accrued interest, shall be made in the tax levy and apportionment mentioned in section 411—8 of the statutes. [1903 c. 338 s. 7; Supl. 1906 s. 411—7; 1907 c. 118; 1909 c. 98; 1913 c. 105} Maintenance; equipment; apportionment. Section 411 — 8. Whenever two or more counties unite in establishing and maintaining such school, the county school board pro- vided for in such cases shall determine the amount of money necessary for the mainte- nance and equipment of the sdiool for the next succeeding year, and annually thereafter They shall apportion the amount to be raised by taxation among the counties in propor- tion to the assessed valuation of the real and personal property in each county as last fixed by the state board of assessment, and shall report to the county clerk of each county on or before the first Monday of November in each year, the amount of the apportion- ment so fixed, and such amount shall be levied in the county tax of each county for the ensuing year for the support of the school. Each county treasurer shall, immediately upon the collection thereof, pay over all moneys levied and collected pursuant to the pro- visions of this act to the treasurer of the joint county training school board and. file the hitter's receipt therefor as a voucher. [1903 c. 338 s. 8; Supl. 1906 s. 411—8; 1907 c. 118; 1909 c. 98} 248 Chap. 26 s. 411 — 9] [Normal Schools and Academies. Treasurer; tond; duties. Section 411 — 9. Such joint county training school board shall choose a member of said board as treasurer; provided that the person so chosen shall not be president or secretary of such board. Such treasurer shall, before assuming his office, give a bond to said board for the faithful discharge of the duties of his office. Such bond shall be in the sum of fifteen thousand dollars and shall have three or more sureties ap- proved by said board; or said treasurer, in lieu cf said bond so signed by said three sure- ties, may give surety bond to be approved by said board, and the cost of said surety bond may be paid for out of the funds of said joint training school in the discretion of the board. All moneys appropriated to and expended for any such joint county training school shall be expended by the board of such sehool and shall be paid by the treasurer of said school on orders drawn by the secretary and countersigned by the president. [1903 c. 338 s. 9; Supl. 1906 s. 411—9; 1907 c. 118; 1913 c. 105] Who may be admitted. Section 411 — 10. The board of any training school for teachers established under this law in a single county, or by two or more adjoining coun- ties, shall admit to said school, whenever the facilities provided will warrant said board in so doing, any person prepared to enter such school, and who may reside in any county but not within the district where any training school has already been established. Per- sons so admitted shall be entitled to the same privileges and subject to the rules of the board adopted for the government of such school. [1903 c. 338 s. 10; Supl. 1906 s. 411—10; 1907 c. 118] Nonresident pupils; tuition; tax. Section 411 — 11. Whenever any person not re- siding in any training school district shall become a student in any training school, the board of such school is hereby empowered to charge a tuition fee for such person to be fixed by a majority of the members of said board at a regular meeting thereof, provided that such tuition fee shall not exceed seventy-five cents per week for each nonresident pupil. The county board of supervisors of the county of which such person is a bona fide resi- dent, is hereby authorized to, and shall provide by tax upon the property of the county, a sum sufficient to provide for the payment of the tuition on account of the residents of said county, who have attended such teachers' training school, and the amounts so levied shall be collected when and as other taxes are collected, and shall be paid by the county treas- urer of said county to the county treasurer of the county in which the training sehool en- rolling such person is situated, and the amount so received by such treasurer shall be placed to the credit of the teachers' training school district. [1903 c. 33S s. 11; Supl. 1906 s. 411—11; 1907 c. 118; 1909 c. 223] Section 411—12. [Repealed by 1913 c. 772 s. 124] CHAPTER 27. COMMON SCHOOLS. FORMATION OF DISTRICTS. Authority of town board. Section 412. The town board shall have power to alter or unite existing and to form new districts. The territory of a district shall be contigu- ous. If a district contract debt it shall not be so altered by taking its territory as to leave such debt exceeding five per cent of the last assessed valuation of the taxable prop- erty remaining therein. [1854 c. 80 s. 1; B. S. 1858 c. 23 s. 1; 1863 c. 155 s. 1; 1867 c. Ill s. 1; 1868 e. 5 s. 2; R. S. 1878 s. 412; 1885 c. 355; Ann. Stats. 1889 s. 412; 1897 c. 354; Stats. 1898 s. 412; 1911 c. 121] Number of school district not to be changed. Section 412a. After the first day of January, 1904, it shall not be lawful for any town board of supervisors or any other officer or officers to change the number of any sehcol district, joint or entire. If a district is dissolved, or by the exercise of proper authority attached to and made a part of another district or districts, no newly formed district shall, after January 1, 1904, be made to bear the number of the district so dissolved. [1903 c. 113 s. 1, 2; Supl. 1906 s. 412a; 1907 c. 118; 1915 c. 620] How formed or altered; notice; unintentional omission. Section 413. The town board shall make a written order describing the territory affected by the alteration, union or formation of districts and file the same, within twenty days, with the town clerk, and when districts are to be united or a new district formed, deliver to a taxable inhabitant of the new district their notice in writing describing its boundaries and appointing a time ai 249 Chap. 27 s. 414J [The Common Schools. place for the first district meeting, and therein direct such inhabitant to notify all of the qualified voters of the district, either personally or by leaving a written notice at his place of residence, of the time and place of such meeting at least five days before the time ap- pointed therefor; and said inhabitant shall notify the voters of such district accordingly, and indorse thereon a return containing the names of all persons thus notified, and said notice and return shall be recorded as a part of the record of the first meeting in such district. Provided, that an unintentional omission to so notify not to exceed one-sixth of said voters shall not invalidate said notice. [3854 c. SO s. 2; R. S. 1858 e. 23 s. 1, 2; 1863 c 155 s. 2, 3; R. S. 1878 s. 413; Ann. Stats. 18S9 s. 413; 1897 c. 354; Stats. 1898 s. 413; 1905 c. 268 s. 1; Supl. 1906 s. 413; 1907 c. 118] Another method of giving notice. Section 414. If such notice be not given, or if the inhabitants being so notified refuse to meet, or if there be no competent authority in the district to call a special meeting, the town board shall give and cause to be served the notice as prescribed in section 413. [1863 c. 155 s. 4, 5; R. S. 1878 s. 414; Ann. Stats. 1889 s. 414; 1897 c. 354; Stats. 1898 s. 414] Formation of joint districts. Section 415. If a district is to be formed from adjoin- ing towns the boards of such towns shall meet, act together and make their joint written order describing the territory embraced in such district, signed by at least two of the su- pervisors of each town, file the order with the town clerk of each town, deliver the notice of formation to a taxable inhabitant of such district, and cause the same to be served and returned as prescribed in section 413 ; and such district may be altered only by the joint action of such town boards as provided in section 418. Districts become joint by the divi- sion of a town without other action. [1863 c. 155 s. 15; R. S. 1878 s. 415; Ann. Stats. 1889 s. 415; 1897 e. 354; Stats. 1898 s. 415] District, when organized. Section 416. A district shall be deemed organized when any two of the officers elected at its first legal meeting file with the clerk and cause to be recorded in the minutes of such meeting their written acceptances of the offices to which they have been respectively elected or when it has exercised the franchises and privileges of a district for the term of two years. [1863 c. 155 s. 6 ; R. S. 1858 c. 23 s. 7; R. S. 1878 s. 416; Ann. Stats. 1889 s. 416; 1897 c. 354; Stats. 189S s. 416] Body corporate; name. Section 417. The word district as used in this chapter, unless otherwise defined, means school district, and a district lawfully organized is a body corporate and possesses the usual powers of a public corporation by the name and style of school district (joint) school district number . . . ., of the town (towns) of . . . ., name of the town (towns) in which the district is situated. Such number shall be designated by the town board or boards in the order of the formation thereof. The board shall make its contracts in its corporate name. Provided, however, that when the territory embraced in any district or districts shall have been heretofore or shall hereafter be organized into a village or city, such district shall be known by the same name as theretofore but with the name of such village or city substituted in lieu of the name of such town, and the use heretofore of the name of such village or city in lieu of the name of such town in the designation of such a school district is hereby legalized and confirmed. [1854 c. 80 s. 8; R. S. 1858 c. 23 s. 8; 1863 e. 155 s. 7; R. S. 1878 s. 417; Ann. Stats. 1889 s. 417; 1897 c. 354; Stats. 1898 s. 417; 1915 c. 417] Lost records, restoration of. Section 417a. If the record of the formation ©^es- tablishment of boundaries of a district be lost or destroyed, the board of the town or vil- lage or the council of the city in which such district lies may make a new record by written order entered in the records of such town, village or city. Whenever the town or village board or city council shall contemplate making such new record, they shall give at least five days' notice in writing to the clerk of the affected district, stating when and where they will be present to make such new record, and such clerk shall immediately notify the other members of the board. Such order shall within three days be entered in the record of the proper town, village or city, and the clerk thereof shall Avithin the same lime file a copy of such order with the clerk of said district. Any number of districts may be included in one such order or notice. In case of the loss or destruction of the records pertaining to a joint district, the clerk of any town, village or city in which the district lies shall procure and record a certified copy of the records of any other town, village or city relating to such joint district, or the board of the town or village, or coun- cil of the city in which such joint district lies may meet and act together in the making of such new record. An order made pursuant to this section or the record thereof shall be presumptive evidence of the regularity of all prior proceedings pertaining thereto, of the legality of the formation of such district, of the boundaries thereof, and of the loss or destruction of the record of its formation. Parties conceiving themselves aggrieved by 250 Chap 27 s. 418J [The Common Schools. any decision made under the foregoing provisions may appeal therefrom in the maimer provided by section 497. [1889 c. 472; Ann. Stats. 1SS9 s. 417a; 1897 c. 351; Stats. 1898 s. 417a] ALTERATION OF DISTRICTS. Notice of hearing. Section 418. Whenever the town board shall contemplate an alteration of a district they shall give at least five days' notice in writing to the clerk of the district or districts to be affected thereby, stating in such notice when and where they will be present to decide upon such proposed alteration; and such clerk or clerks shall immediately notify the other members of the board. No territory shall be detached from one district unless by the same order it be attached to another; and a district may be dis- solved by attaching all its territory to other districts. [B. S. 1858 c. 23 s. 62; 1863 c. 155 s. 10; R. S. 1S7S s. 4 IS; Ann. Stats. 1889 s. 418; 1897 c. 354; Stats. 1898 s. 418] Notice; time within which change in district may be made. Section 419. In all cases where an alteration of the boundaries of a school district shall be made, the town board of supervisors shall, within three days thereafter, give notice thereof by filing a copy of the order so altering said school district, with the town clerk and also with the district clerk of each of the districts affected by such alteration. No alteration of any organized school district shall be made to take effect between the first day of December in any year, and the first day of April following. [R. S. 1858 c. 23 s. 63; 1863 c. 155 s. 11 : 1868 c. 108 s. 1; R. S. 1878 s. 419; 'Ann. Stats. 1889 s. 419; 1897 c. 354; Stats. 1898 s. 419; 1903 c. 266 s. 1; Supl. 1906 s. 419; 1907 c. 118] Joint districts, alteration. Section 419a. Whenever an application in writing, de- scribing and clearly setting forth by use of usual and definite terms, and having for its purpose the alteration of the boundaries of any joint school district, signed by at least two members of the board of supervisors of any town in which any part of such joint school district is situated, shall be presented to the chairman of the town, mayor of the city or president of the board of trustees of the village, in which the schoolhouse of such joint district may be situated, such chairman, mayor of the city, or president of the village board, shall, upon receipt of such application or petition, fix a time for the joint meeting of the town boards of supervisors, and the city council, or the village board of trustees of all the municipalities in any way affected by said proposed change, which time shall not be less than ten or more than twenty days after the presentation to said officer of such petition or application. The officer to whom the application or petition is presented shall cause a written notice of the time and place of such meeting to be given to each super- visor, member of the council, or member of the village board of trustees entitled to be present at such meeting, which notice shall be served at least five days prior to the date fixed therefor. Such meeting shall be held at the schoolhouse in such joint district, un- less some other convenient place shall be designated in the notice. If the chairman of the town, mayor of the city, or president of the board of village trustees, as the case may be, to whom such application shall be presented, neglect or refuse to fix the time and place or to give notice for the meeting as provided by this section, or if the supervisors, the city council, or the board of village trustees, or a majority thereof, of any town, city or village in any way interested or affected by the proposed change of school district boundaries, neglect or refuse to be present at such meeting or being present, neglect or refuse to hear and vote upon the application before them, the aioplication shall be deemed denied, and an appeal may be had therefrom in similar manner, and with like effect as in other cases of denial. The provisions of sections 418, 419, 422, and 497 shall, as far as may be applicable, apply to the above proceedings. [1882 c. 280; 1887 c. 439; Ann. Stats. 18S9 s. 419a; 1897 c. 354; Stats. 1898 s. 419a; 1901 c. 348 s. 1; 1903 c. 218 s. 1; Supl. 1906 s. 419a; 1907 c. 118] Change of boundaries in joint school districts; application, how made. Section 419b. The board of supervisors of any town containing territory, now or hereafter, embraced within the boundaries of any joint school district may make the application provided for in section 1, whenever in their judgment such alteration will promote the welfare of the pupils residing in such town ; and such board shall make such application whenever one- third of the voters residing in such town or two-thirds of the voters residing in that por- tion of such joint district, situate in such town, shall make and file with the town clerk a petition, praying that such alteration be made. [1903 c. 218 s. 2; Supl. 1906 s. 419b; 1907 c. 118] See also 4106 (1911 c. 649). Consolidation of districts; application. Section 419&. Whenever an application in writing, signed by at least one-third of the legal voters in each of two or more school districts, shall be filed with the chairman of a town board of supervisors or the preside of a village board of trustees or mayor of the city in which any part of such whole 251 Chap. 27 s. 419c] [The Common Schools. joint school districts are situated, requesting the town board or boards of supervisors, or the town board or boards of supervisors and the village board of'trustees or city council of any of the municipalities included wholly or in part within the boundaries of such school districts, to call a meeting of the town board or boards of supervisors, or the town board or boards of supervisors and the village board of trustees or city council, to con- sider the question of altering the boundaries of such school districts and forming in lieu thereof one consolidated school district, it shall be the duty of the officer with whom such application or petition has been filed, to fix a time for the meeting of the town board or boards of supervisors, or the town board of supervisors and the village trustees for a meeting of the town board of supervisors or for a joint meeting of the town boards of supervisors or town boards of supervisors and the village board of trustees, or city coun- cil, in which any part of such whole or joint school district may be situated, which time shall not be less than ten nor more than twenty days after the presentation to such officers of such petition or application. [1911 c. 649] See also 4196 (1903 c. 218 s. 2). Notice of meeting; order of consolidation. Section 419c. The officers to whom the application or petition is presented shall cause a written notice of the time and place of such meeting to be given to each supervisor, member of the council, or member of the village board of trustees, entitled to be present at such meeting, and to the clerk of each school district affected by the proposed change, which notice shall be served at least five days prior to the date fixed therefor. Such meeting shall be held at the schoolhouse, or some convenient place within the boundaries of the proposed consolidated school district. If the town board of supervisors or the town boards of supervisors, or the town board or boards of supervisors and the village board of trustees in which any part of the said school district shall be situated, shall by joint vote favor the consolidation of such school districts, they shall make an order to that effect, which order shall be duly filed in the office of the town clerk or village clerk of each of the towns or towns and village in which the school districts may wholly or in part lie, and thereafter such consolidated school district shall for all purposes whatsoever be considered one school district. [1911 c. 649] Appeal to state superintendent. Section 419tZ. If the officers upon whom the appli- cation shall be served shall refuse or neglect to fix the time and the place, or to give the notices for the meeting, or if the board of supervisors or the board of village trustees, or city council, or a majority thereof of any town, towns or village, or cities, in any way interested in or affected by the proposed change, shall neglect or refuse to hear and to vote upon the application before them, or if a majority of the town board of supervisors or town boards of supervisors or village board of trustees shall refuse to attend such meeting, then the application shall be deemed denied, and any person feeling himself ag- grieved by the action taken by the town board of supervisors and trustees of the village, may appeal therefrom to the state superintendent in a similar manner and with like effect as in other eases. [1911 c. 649; 1911 c. 664 s. 155] Transportation of pupils; state aid. Section 419e. In case two or more school dis- tricts shall be ordered consolidated, and in case the electors and school board of such con- solidated school district shall maintain during any school year a first class rural school, a state graded school or free high school, and the grades below a free high school, and the electors of such consolidated school district shall direct the school board to transport all persons of school age living more than two miles from the school in such district, that may desire to attend school, then the state may repay to such school district ten cents per day for each such person living more than two miles from school, the distance to be measured by the nearest traveled highway, that was so transported to and attended school regularly for at least six months during the school year. [1911 c. 649; 1911 c. 664 s. 155, 163} Duty of parents or guardians. Section 419/. In case the electors of any such con- solidated school district shall desire to take advantage of the provisions of sections 419/) to 4197?, inclusive, relating to transportation, they may make arrangement with the par- ents, guardians or other persons to transport children living more than two miles from school; providing, that such parents, guardians or other persons shall provide for the transportation of the children a comfortable and convenient bus or wagon well supplied with protection against inclement weather, and shall actually transport or provide for the transportation of such children to the school for at least six months. [19-11 c. 649 ; 1911 c. 664 s. 155] Form of claim for state aid. Section 419^. Any board of the consolidated school district entitled to aid under the provisions of sections 4196 to 419/*, inclusive, shall, on or before the fifteenth day of July in each school year, make under oath a report to the state superintendent giving the name of each pupil transported more than two miles, the number of days each such pupil was transported, the mode of transportation, and the 252 Chap. 27 s. 419/;] [The Common Schools. total amount claimed by the district on account of all pupils residing more than two miles from school for whom transportation or transportation and tuition have been paid. Upon receipt of such report the state superintendent shall certify to the secretary of state the amount due such district, and the secretary of state shall thereupon issue a warrant in favor of such district, for such amount which shall be paid by the state treasurer to the treasurer of the district from the school funds provided for by section 1072a of the stat- utes. [1911 c. 649; 1911 c. 664 s. 155] Appropriation. Section 419/j. To carry out the provisions of this act there is hereby appropriated annually, out of the moneys assessed and collected under the provi- sions of section 1072a of the statutes, a sum sufficient to meet all the approved claims com- ing under the provisions of sections 4196 to 419/;, inclusive. [1911 c. 649; 1911 c. 664 s.J55] Division of property. Section 420. If a new district be formed, in whole or in part, from one or more districts possessed of a schoolhouse or entitled to other property the town board, at the time of forming such new district, shall determine the proportion of the value of the schoolhouse and other property justly due to such new district ac- cording to the taxable property of the respective parts of such former district at the time of the division, and such amount of any debt due from the former district which would have been a charge upon the hew had it remained in the former district shall be deducted from such proportion. [1S63 c. 155 s. 12, 13; B. S. 1858 c. 23 s. 64, 65; 1863 c. 155 s. 12, 13; B. S. 1878 s. 420; Ann. Stats. 1889 s. 420; 1897 c. 354; Stats. 1898 s. 420] Collection and application of money. Section 421. The town board shall certify to the district clerk of each district retaining a schoolhouse or other property the amount ascertained by them as the proportion due to the new district, and such amount shall be embodied in the next statement of taxes to be made by the district clerk to the town clerk as required by section 472, and shall be collected and paid to the treasurer of the new dis- trict to be applied toward providing a schoolhouse therefor; and the money so received shall be allowed to the credit of the taxable property taken from the district paying the same in reduction of any tax imposed on said taxable property in the new district for the building of the schoolhouse; but in case the new district shall have raised a tax and pro- vided a schoolhouse before the receipt of such money, the treasurer thereof shall pay on demand to each taxpayer residing in the territory taken from the district paying the same the amount actually paid by him in schoolhouse taxes in excess of the amount he would have paid if the money had been received and credit given before such taxes were col- lected, and the treasurer shall be liable therefor on his official bond. [B. S. 1858 c. 23 s. 66; 1862 c. 270 s. 1; 1863 c. 155 s. 14; B. S. 1878 s. 421; Ann. Stats. 1889 s. 421; 1897 c. 354; Stats. 1898 s. 421] Dissolution of joint school districts. Section 422. 1. Any school district organi- zation of any kind, town free high schools and union free high schools excepted, consisting of territory lying in two or more towns, or in one or more towns and an incorporated vil- lage, or any city, shall be known and designated as a joint school district. Such district shall not be dissolved nor shall the boundaries thereof be changed except by joint action of the boards of supervisors of the towns, parts of which comprise such district, or joint ac- tion of the supervisors of the town or towns and the board of trustees of the village, or the joint action of the boards of supervisors of the town or towns and the common council of the city in interest, such action to be taken in accordance with the statutes governing and directing such action and proceedings. 2. Be it also provided that the incorporation of a village or a city within the boundaries of any school district shall not affect the organization or in any waj r disturb the rights and privileges of such district, except that such district shall thereafter be known as a joint district. 3. Be it further provided that the extension of the corporate limits of any village or city or the change of organization from a village to a city shall not in any way affect the boundaries of such joint district or disturb any of the rights and privileges of the resi- dents of such district. Neither shall it be unlawful to attach to any village or city school district for school purposes only, part or all of the territory of an outlying contiguous school district. 4. Nothing in this section shall in any way affect or change any of the provisions of section 419a of the statutes, relating to the alterations of the boundaries of joint schoo' districts, or of sections 419& to 419/t, inclusive, of the statutes, relating to consolidation of several districts. [B. S. 1878 s. 422; Ann. Stats. 1889 s. 422; 1897 c. 354; Stats. 1398 s. 422; 1901 c. 304 s. 1; Supl. 1906 s. 422 1907 c. 118; 1913 c. 572] Neglect to keep school. Section 423. If a district for two or more successive year^ neglect to maintain school as required by law, the town board of the town embracing 253 •' Chap. 27 s. 424 J [The Common Schools. district shall attach the same to such other adjoining district or districts in the town ns they shall judge proper; and if the district be joint, then the town boards shall attach the respective parts thereof to other districts in their respective towns. This section shall not apply to any district which may provide for the instruction of its pupils in an ad- joining or other district, as provided in subdivision 15, section 430. [1863 c. 155 s. 10; 1873 c. 56; 1874 c. 83; R. S. 1878 s. 423; Ann. Stats. 1889 s. 423; 1897 c. 354; Stats. 1893 s. 423] Property of dissolved district. Section 424. Whenever a district shall be dissolved by reason of the attachment of all its territory to some other district, the town board, and in case of a joint district the town boards, shall take charge of the property belonging to the same at the time of its dissolution, dispose of the same by grant or otherwise, and apply the proceeds to the discharge of its debts, paying over the remainder, if any, to the treasurer, and in the case of more than one district, to the treasurers of the districts to which the territory has been attached, in proportion to the valuation of the property attached to each as appears from the last tax rolls of the respective towns. [1S73 c. 56; 1874 c. 83; R. S. 1878 s. 424; Ann. Stats. 1889 s. 424; 1S97 c. 354; Stats. 1898 s. 424} MEETINGS. Annual; report to. Section 425. The annual district meeting in all school districts shall be held on the first Monday of July, unless that be a legal holiday, in which case it hall be held on the next day at eight o'clock in the afternoon, and any annual meeting leretofore or hereafter held shall be valid notwithstanding any provision to the contrary n any special or local law. Provided, that that part of this section fixing the date and .ime of the annual school district meeting shall not become effective until the third day of January, 1916. Any special meeting of any school district shall be held on the day called for at eight o'clock in the afternoon. It shall be the duty of the district board to meet on the Saturday immediately preceding the annual meeting, carefully examine the accounts of the treasurer, and make up a full and itemized report of all receipts and ex- penditures since the last annual meeting, of the amount in the hands of the treasurer or the amount of the deficit for which the district is liable, of the amount necessary to be raised by taxes for the support of the school for the ensuing year, and of the amount re- quired to pay the interest or principal of any debt due or to become due during such year ; which report shall be submitted in writing at the annual meeting and recorded by the clerk at length with the action thereon in the proceedings of the meeting. [R. S. 1858 c. 23 s. 9; 1863 e. 62; 1863 c. 155 s. 17; 1864 c. 434; 1868 e. 23; 1869 c. 6; R. S. 1878 s. 425; 1882 c. 69; 1883 c. 298; 1887 c. 96; Ann. Stats. 1889 s. 425; 1897 c. 354; Stats. 1895 s. 425; 1913 c. 448, 566; 1915 c. 181, 367, 530] Notice. Section 426. The clerk shall give at least six days' previous notice of the annual meeting by posting notices therefor in four or more public places in the district, one of which shall be affixed to the outer door of the schoolhouse, if there be one in the district; and he shall give like notice for any adjourned meeting, if the adjournment be for more than one month; but no annus! meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraudu- lent. [1863 c. 155 s. 18, 20; 1868 c. 23 s. 2; R. S. 1878 s. 426; Ann. Stats. 1889 s. 426; 1897 c. 354; Stats. 1898 s. 426] Special meetings. Section 427. Special meetings shall be called by the clerk, or in his absence by the director or treasurer, on the written request of five legal voters of the district, and notices thereof specifying particularly the business to be transacted shall be posted in the manner prescribed for calling the annual meeting; and the electors when lawfully assembled at a special meeting shall have power to transact the same business as at the first or the annual meeting, except the election of officers, voting a tax to compen- sate the clerk and authorizing a change in textbooks. But no more than one such meeting to consider the same subject shall be held in the district in the same school year. No tax or loan or debt shall be voted at a special meeting unless three-fourths of the legal voters shall have been notified either personally or by a written notice left at their places of residence, stating the time, place and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor, exclusive of the day on which the meeting is to be held. . [1854 c. 80 s. 12; 1858 c. 138 s. 1; R. S. 185S c. 23 s. 12; I860 c. 352 s. 4; 1863 c. 155 s. 21; R: S. 1878 s. 427; Ann. Stats. 1889 s. 427; 1897 c. 354; Slats. 1898 s. 427] Who may vote. Section 428. Every resident elector of the district shall be entitled to vote in any meeting, provided such elector has resided therein for at least thirty days next preceding any meeting. [1854 c. 80 s. 5; R. S. 1858 c. 23 s. 5; 1S63 c. 155 s. 8; 1372 254 Chap. 27 s. 428a] [The Common Schools. c. 174; R. S. 1878 s. 428; Ann. Stats. 1SS9 s. 428; 1897 c. 354; Stats. 1898 s. 428; 1899 c. 233 s. 1; Supl. 1906 s. 428; 1907 c. 118] Women may vote. Section 428a. 1. Every woman who is a citizen of this state, of the age of twenty-one years or upwards (except paupers, persons under guardianship, and persons otherwise excluded by section two, of article three, of the constitution of Wis- consin), who has resided within the state one year, and in the election district where she offers to vote, ten days next preceding any election pertaining to school matters, shall have a right to vote at such election. 2. Separate ballot boxes shall be furnished at every election precinct in this state at every primary, general, municipal or special election for the use of women desiring to vote on said school matters, and separate ballots shall also be provided at said elections for the use of said women, except in such cities, towns and villages where voting machines are used with a device enabling the election officials to mechanically and automatically restrict women voters to those candidates and questions only on which they are by law per- mitted to vote. [1885 c. 211 s. 1; referendum vote 1886; Ann. Stats. 1889 s. 428a; 1897 c. 354; Stats. 1898 s. 12, 428a; 1899 c. 233 s. 2; 1901 c. 285 s. 1; Supl. 1906 s. 428a; 1907 c. 118; 1911 c. 384] Proceedings on challenge. Section 429. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district the chairman presiding at such meeting shall declare to the person challenged the qualifica- tions of a voter; and if such person shall declare that he is a voter and if such challenge shall not be withdrawn the chairman shall tender him the following oath or affirmation: You do solemnly swear (or affirm, as the case may be) that you are an actual resident of this school district and that you are qualified according to law to vote at this meeting. And every person taking such oath or affirmation shall be permitted to vote on all ques- tions proposed at such meeting; and if the person shall refuse to take such oath or affirma- tion his vote shall be rejected. [1854 c. 80 s. 6; R. S. 1858 c. 23 s. 6; 1863 c. 156 s. 9; 1872 c. 174 s. 2; R. S. 1878 s. 429; Ann. Stats. 1889 s. 429; 1897 c. 354; Stats. 1893 s. 429] Powers of meeting. Section 430. The inhabitants of any school district qualified by law to vote at a school district meeting when assembled at the first and at each annual meeting in their district or at any adjournment thereof in their district shall have power : (1) To appoint a chairman for the time being, and in the absence of the clerk to appoint some person to act in his stead, and the person so appointed shall certify the proceedings of such meeting to the district clerk, who shall enter the same in the records of the district and file and preserve the certificate of such temporary clerk. (2) To adjourn from time to time as occasion may require. (3) To choose a director, treasurer and clerk. The election of all officers shall be by ballot and a majority of all the votes cast shall be necessary for a choice. (4) To designate a site for a district schoolhouse. (5) To vote such tax as the meeting shall deem sufficient to purchase or lease a suit- able site for a schoolhouse, to build, hire or purchase a schoolhouse and to keep in repair and furnish the same with the necessary fuel and appendages. (5a) Applications for loans to school districts duly authorized prior to the passage of subdivision 5, section 430 of the statutes (chapter 302, laws of 1913) are hereby validated and relieved of the restrictive provision relating to population and to powers of super- visors in force at that time. (6) To vote such tax as the meeting shall deem proper for the payment of teachers' wages in the district. (7) 1. To authorize and direct the sale of any schoolhouse, site or other property belonging to the district when the same shall be no longer needed for the use of the district. 2. To levy a tax for the purpose of paying to any surety or bonding company the fee or consideration necessary to secure a bond indemnifying the district against any loss of moneys belonging to the district in the hands of the school district treasurer. (8) To impose such a tax as may be necessary to discharge any debts or liabilities of the district lawfully incurred. (9) To vote a tax not exceeding seventy-five dollars in any one year for the purchase of maps, blackboards and school apparatus. (10) To vote a tax not exceeding one hundred dollars in any one year for a district library, consisting of such books as they may direct their district board, at a district meeting, to purchase, said books to be selected under the advice of the state superin- tendent; provided, that any school district having less than two hundred children of school age shall not vote a tax exceeding fifty dollars in any one year for such library 255 ' Chap. 27 s. 430— lj [The Common Schools. and that no district containing a population of less than two hundred and fifty inhabit- ants shall have power to levy and collect a tax of more than five hundred dollars in any one year for any purpose other than for the purposes prescribed in the fifth sub- division of this section, and for the payment of the principal and interest of any loan due tbe state. (11) To authorize the district board to borrow money as provided elsewhere in these statutes. (12) To authorize the district board to admit to the privileges of the school persons over twenty years of age and persons not residing in the district, whenever such admis- sion will not interfere with the accommodation or instruction of the scholars residing therein, and to fix a fee for tuition per term, quarter or year to be charged to the persons thus admitted. (13) To authorize the district board to purchase textbooks for use in the public schools, to be loaned or furnished pupils under such conditions as, by such vote and reg- ulations of the board thereunder, may be prescribed. (14) To determine the length of a time a school shall be taught in their district the then ensuing year, which shall not be less than eight months, but if such matter, shall not be determined at the annual meeting the district board shall determine the same. (15) and (16). [Repealed by 1909 c. 502] (17) To give such direction and make such provision as may be necessary in relation to the prosecution or defense of any action or proceeding in which the district may be a party or may be interested. (18) At the annual meeting only, to vote a tax to compensate the treasurer, and di- rector, which in districts supporting graded and high schools shall be such sums as may be voted, and in other districts not more than ten nor less than five dollars to each of the above officers. (19) To alter or modify the [their] proceedings as occasion may require. [1863 c. 155 s. 19; 1866 c. Ill s. 1; 1867 c. 66 s. 1; 1868 c. 162 s. 1; 1875 c. 315, 339; 1876 c. 91; R. S. 1878 s. 430; 1885 c. 124 s. 1; Ann. Stats. 1889 s. 430; 1897 c. 354; Stats. 1898 s. 430; 1901 c. 35 1 s. 1, 2; 1905 c. 54 s. 1-3; Supl. 1906 s. 430; 1907 c. 71, 81, 118; 1909 c. 184, 502; 1913 c. 94, 302, 448, 641] Additional powers; suspend school. Section 430 — 1. The electors of any school district shall have power at any annual or special school district meeting to order the district board to suspend the district school for such length of time as said electors may determine to be to the best interests and advantage of the pupils residing in said district and to authorize the district board to make all necessary contracts in behalf of the district suspending the school for payment of tuition of such pupils to another school or to other schools conveniently located. [1907 c. 496; 1909 c. 502] Transportation. Section 430 — 2. The electors shall also have power to order the board to provide for transportation of any or all pupils residing in the district to and from the school in their district or to and from the school or schools with which contracts for tuition are made. [1907 c. 496; 1909 c. 502] Tuition; transportation; tax. Section 430 — 3. In all cases where the electors have voted to suspend the school in their district or have directed the board to pay for tuition or for transportation they shall provide by tax upon the district, a sum sufficient to meet the cost of the tuition or the transportation or both; provided that if any district at its annual or at a subsequent special meeting prior to the third Monday of November following shall not vote a tax sufficient to pay for tuition or transportation or both for the time during which the school is suspended, the district board, on or before tbe Wed- nesday next following said third Monday of November, shall determine the sum neces- sary to pay for tuition or transportation or both, as the case may be, and the district clerk shall at once certify to the town clerk the amount so fixed and the town clerk shall assess said amount as other district taxes are assessed. [1907 c. 496 ; 1909 e. 502] Transportation of pupils; tax; claim for state aid. Section 430 — 4. It shall also be lawful for the electors of any school district to authorize the school board or town board of school directors to enter into an agreement with the parent, guardian or other person in charge of any pupil to compensate such parent, guardian or other person for trans- portation, or providing for the transportation of any pupil or pupils to and from school, and to enter into contracts for the transportation to and from school of all persons of school aiie who attend, and to levy a tax therefor; provided, that in all cases where the distance from the home of the pupil or pupils, who are to be transported, is two miles or less by the nearest traveled highway, the sum per pupil so paid shall be such as may be authorized by the electors, and in all oases where the distance is more than two miles the state may "be called upon to pay five cents per day for each such pupil transported 250 Chap. 27 s. 430— 5 J [The Common Schools. regularly to and from school in some reasonable and comfortable manner for a period of not less than five months. The school board or the town board of school directors and the principal teacher of the school in which such pupil is enrolled shall, on or before the fifteenth day of July of each year, make under oath a report giving the name of each pupil transported more than two miles, the number of days such pupil was transported, the mode of transportation and the total amount claimed by the district on account of all pupils residing more than two miles from school, for whom trans- portation or transportation and tuition have been paid. [1907 c. 496; 1909 c. 502; 1911 c. -618] State aid. Section 430 — 5. Upon receipt of such report the state superintendent shall certify to the secretary of state the amount due such district and the secretary of state shall thereupon issue a warrant in favor of such district for such amount which shall be paid by the state treasurer to the treasurer of the district from the school funds provided for by section 1072a of the statutes. [1907 c. 496; 1909 c. 502] Notice of meeting; contents; posting. Section 430 — 6. It shall be the duty of the clerk of the school district board to embody in the notice of every annual or special school district meeting at which any or all of the above matters are to be considered, a statement to that effect and said notices shall be posted or posted and served, as provided for in sections 425, 42G and 427 of the statutes of 1898. [1907 c. 496; 1909 c. 502] Contract limit. Section 430 — 7. No contract or agreement shall be made under this act that shall bind any district for more than three years. [1907 c. 496; 1909 c. 502] Definitions. Section 430 — 8. Whenever the term "electors" or "board," or "dis- trict board" or "district" occurs in this chapter it shall apply with equal force to "electors of a town or towns." \1907 c. 496; 1909 c. 502; 1915 c. 620] Limitation of taxes. Section 430a. The total amount of school district tax here- after levied in any school district in this state in any one year for building, hiring or purchasing any school building, and for the maintenance of schools, including teachers' wages and incidental expenses, shall not exceed two per cent of the total assessed valua- tion of taxable property in such school district for the preceding year. [1879 c. 118; Ann. Stats. 1889 s. 430a; 1897 c. 354; Stats. 1898 s. 430a; 1903 c. ~439 s. 3; Supl. 1906 s. 430a; 1907 c. 118] Section 430a — 1. [Eenumbered section 431a by 1913 c. 773 s. 20] FURTHER POWERS OF MEETINGS. Vote on free textbooks. Section 430&. At the annual meeting the question of pro- viding free textbooks for the use of all pupils attending the schools in the district and levying a tax sufficient to meet the expense of furnishing free textbooks for the use of such pupils shall be submitted to the legal voters present at such meeting and a vote taken thereon. The chairman shall direct the vote to be taken before entertaining a motion to adjourn sine die, and upon demand of any five legal voters present the vote shall be taken by ballot if a written resolution upon the question be submitted, and the ballot of those favoring the resolution submitted shall have thereon the word "yes," and of those opposing the word "no." [1887 c. 266; Ann. Stats. 1889 s. 430b; 1897 c. 354; Stats. 1898 s. 430b] Vote as to kindergarten. Section 430c. In any school district under the supervi- sion of the county superintendent in which a high school or a graded school having more than two departments is maintained, the question of establishing and maintaining by the levy of a tax therefor as many kindergartens as will be required to accommodate the children of such district between the ages of four and six years, allowing forty pupils to each kindergarten, may be submitted at the annual meeting to the legal voters present and a vote taken thereon as in the case of a vote on free textbooks. [1899 e. 298 s. 1; Supl. 1906 s. 430c; 1907 c. 118] Kindergartens in cities. Section 430d. The board of education in any city of the third or fourth class whether organized under the general law or special charter, at the time of certifying to the city clerk its yearly estimate of the expenses of the public schools under its charge, shall certify also separately an estimate of the cost for the school year of as many kindergartens as will in their judgment be required for the ac- commodation of the children of said city between the ages of four and six years. The council shall take action thereon. If the whole or a part of the estimate be approved, the council shall make an appropriation of the amount approved by them for that purpose, which shall be in addition to the other funds appropriated for school purposes and shall be used only for the support of such kindergartens. [1S99 c. 298 s. 2; Supl. 1906 s. 430d; 1907 c. 118] 17 257 Chap. 27 s. 430e] [The Common Schools. Auditing committee. Section 430e. It shall be the duty of every school district in the state of Wisconsin at its annual meeting to appoint three competent persons who shall be voters in the district to examine all accounts, books* vouchers, moneys and property of whatsoever kind belonging to said district between the thirtieth day of June next following their appointment and the time of the next annual school meeting of said school district and report their findings in writing to the electors at the next annual meeting. [1SD9 c. 162 s. 1, 2; 1905 c. 78 s. 1; Supl. 1906 s. 430e; 1907 c. 118] Additional room and teacher to be provided, when. Section 430/. Whenever any school district having a schoolhouse of one room only shall enroll and have in attendance therein for a period of more than twenty days during any one school term sixty-five or more pupils, it shall be the duty of the electors of said district at the next annual meeting to authorize the district board to make provision for an additional room and an additional teacher for the accommodation and instruction of said children. Failure to comply with this section shall cause the district to forfeit the right to share in the apportionment in that part of the public money which said district would otherwise receive from the seven-tenths mill tax as provided by law. [1905 e. 256 s. 1, 2; Supl. 1906 s. 430f; 1907 c. 118; 1911 c. 292; 1911 c. 664 s. 41] Certain school districts containing cities; reduction of board membership. Section' 430». The electors of any school district having adopted the provisions of chapter 317, laws of 1899, as amended by chapter 205, laws of 1901, and chapter 421, laws of 1905 [section 493a], may at any annual school meeting held in such school district vote to rescind the action of the electors of the district in adopting the provisions of this chapter [section 490a], and to return to the district system of school government as provided in subsection 3, section 430; provided, that ten days' notice that such a question will be submitted to the electors of the city school district at the annual meeting, be given by posting five copies thereof in five different public places in such city school district. In case the electors shall vote to have a school board of three members, the director, clerk and treasurer then in office in such district shall continue in. their respective offices dur- ing the full term for which they were elected, and thereafter their offices shall be filled in the manner prescribed by law. [1907 c. 588] DISTRICT OFFICERS. Elections, terms and acceptance. Section 431. The officers of the district shall be a director, treasurer and clerk, who shall be residents of the district and hold their respec- tive offices for three years and until their successors have been elected or appointed, but not beyond ten days beyond the expiration of their term of office without being again elected or appointed; provided, that at the first election of such officers in any newly- organized district the clerk shall be chosen for one year, the treasurer for two years and the director for three years; and thereafter each officer shall be chosen for three years. Any person present at a meeting at Avhich he shall be elected one of the board shall be deemed to be notified thereof; and any person so elected and not present shall be notified thereof by the clerk of said meeting within five days thereafter; and unless each person elected and notified shall within ten days after his election file with the clerk his refusal in writing to accept the office he shall be deemed to have accepted the same. [1854 c. 80 s. 16; 1858 c. 138; R. S. 1858 c. 23 s. 16; 1863 c. 155 s. 31; R. S. 1878 s. 431; Ann. Stats. 1889 s. 431; 1897 c. 354; Stats. 1898 s. 431] Election of officers; districts containing village or city fourth class; petition; notice. Section 431a. 1. Whenever a petition requesting that an election of school district of- ficers shall be conducted after the manner of voting for village or city officers, signed by not less than twelve qualified voters of any school district in which the school officers are elected by the people, and which contains wholly or partly within its limits an incorporated village, or city of the fourth class, is presented to the clerk of such district he shall at least six days before the time fixed by law for the annual school district meeting, post or cause to be posted in at least six of the most public places in the district notices giving the man- ner of holding and conducting such election. Where held. 2. The election of school district officers shall be held in some con- venient room in the district school building, and if there are two or more school buildings in such district, the notice shall specify in which building the election shall be held, and if the notice does not so specify it shall be understood that the building in which the last annual school meeting was held shall be the building designated. Ballot. 3. The election of officers shall be by ballot, and suitable ballot boxes shall be provided therefor. The polls shall be opened at three o'clock in the afternoon of the day fixed by law for holding the annual school district meeting, and shall be closed at eight o'clock of the same day. The time of opening and closing the polls, as well as the 258 Chap. 27 s. 432] [The Common Schools. place of holding the election, shall be specified in the notice of such meeting, but a failure to so specify the time of opening and closing the polls and designating the place shall not vitiate such election. Election officers. 4. The mayor of the city or the president of the village or board of trustees, as the ease may be, shall appoint not more than five persons who shall act as inspectors and clerks of this election and who shall make and keep a list of all the electors, men and women, voting at such election. Conduct. 5. Immediately after the polls are closed and the ballots counted, the result shall be declared, and all ballots as soon as counted, shall be sealed in the ballot box and be kept in the custody of the village clerk or the city clerk, as the case may be, for sixty days. As soon as the result of the election is announced, the electors shall or- ganize and conduct the regular and usual business, other than the election of officers, au- thorized to be done at annual school district meetings. Challenge. 6. The privilege of challenging any person as to his or her right to vote at such election shall not be prohibited or restricted. Compensation. 7. The amount of compensation paid to the inspectors and clerks of this election shall be one dollar for each such inspector and clerk engaged and acting in conducting this election, said compensation to be paid from any funds in the treasury of the school district not otherwise appropriated. [1909 c. 351; Stats. 1911 s. 430a — 1; 1913 c. 773 s. 20; 1915 c. 181] District board. Section 432. The director, treasurer and clerk shall constitute the district board. Meetings of the board may be called by any two members thereof by serving on the other member a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place. No act authorized to be done by the board shall be valid unless voted at its meeting. No formal notice of a meet- ing shall be required where all members are present and consent to consider matters relating to the district. [1854 c. 80 s. 35; R. S. 1858 e. 23 s. 37; 1863 c. 155 s. 46; 1868 c. 108 s. 2; R. S. 1878 s. 432; Ann. Stats. 1889 s. 432; 1897 c. 354; Stats. 1898 s. 432] Filling vacancies. Section 433. The board may fill by appointment any vacancy that may occur in their number within ten days after such vacancy shall occur; and if such vacancy shall be not so filled the town or village clerk, and in the case of a joint district the clerk of the toAvn or village in which the schoolhouse is situated, shall fill such vacancy by appointment. Any person upon being notified of his appointment shall be deemed to have accepted the same unless within five days thereafter he shall file with the clerk or director a written refusal to serve; and any person so appointed shall hold office until the next annual meeting, at which the electors shall fill such vacanc}' for the unexpired term. [1854 c. 80 s. 38; R. S. 1858 c. 23 s. 40; 1863 c. 155 s. 50; 1866 c. Ill s. 4; 1871 c. 169 s. 3; R. S. 1878 s. 433; Ann. Stats. 18S9 s. 433; 1897 c. 354; Stats. 189S s. 433] Vacancy. Section 433a. When the clerk, director or treasurer shall be and remain absent from the district for which he was elected for a period exceeding sixty days his office shall be deemed vacant. [1889 c. 427; Ann. Stats. 1889 s. 433a; 1897 c. 354; Stats. 1898 s. 433a] Purchase, etc., of schoolhouse. Section 434. When lawfully directed by the electors the board shall purchase or lease the site for a schoolhouse designated by the district, build, hire or purchase a schoolhouse out of the funds provided for that purpose, and sell and convey any site, schoolhouse or other property of the district. [1854 c. 80 s. 36; R. S. 1858 e. 23 s. 38; 1863 c. 155 s. 37; R. S. 1878 s. 434; Ann. Stats. 1889 s. 434; 1897 c. 354; Stats. 1898 s. 430 sub. 5, 7; Stats. 1898 s. 434] District schoelhouses ; use for entertainments. Section 435. The board shall have the care and keeping of the schoolhouse, books, apparatus and other property of the district, except that especially confided by law to the clerk, and before eacli annual meet- ing they shall make and deposit with, the clerk of the district an inventory thereof; keep the schoolhouse in good condition and repair, and provide all necessary appendages during the time a school shall be taught therein. They may grant the request of any responsible inhabitant of the district to occupy the schoolhouse for such public meetings as will, in the judgment of the board, aid in disseminating intelligence and promoting good morals; any such licensee shall be answerable, and if there be no responsible licensee, the members of the board shall be personally liable to the district for any injury done to any property and for any expense incurred by, at or in consequence of any such use of the schoolhouse. They may grant the use of the schoolhouse for the holding of lectures, entertainments and school exercises, providing they are held under the auspices of the school authorities, and are for the benefit of the school, and may permit the charging 259 / • / < Chap. 2< s. 435a] [The Common Schools. of an admission fee thereto. [1854 c. 80 s. 37; R. S. 1353 c. 23 s. 39; 1360 c. 352 s. 2; 1863 c. 155 s. 48; 1867 c. Ill s. 6; 1873 c. 281; 1875 c. 235; B. S. 1878 s. 435; Ann. Slats. 18S9 s. 435; 1897 c. 354; Stats. 1898 s. 435; 1907 c. 27ff\ Schools; separate water-closets; tax levy for. Section 435a. It shall be the duty of each school district board, to provide at least two suitable and convenient outhouses or water-closets for each of the schoolhouses under its control. Said outhouses or water-closets shall be entirely separated each from the other and shall have separate means of access. The boys' outhouse shall be provided with suitable urinals. Said outhouses and said water- closets if detached from the schoolhouse, shall be placed at least thirty feet apart and separated by a substantial close fence not less than seven feet in height, and where placed on opposite sides of the school grounds shall be suitably screened from view. The board of education shall have said outhouses and water-closets kept in a clean and wholesome condition. If the electors of the district or town shall at the annual meeting fail to vote a tax of a sufficient amount to enable the board to comply with the provisions of this sec- tion, it shall be the duty of the district board prior to the third Monday of the November following, to determine the sum necessary to be raised to carry out the provisions of this section, and the clerk or secretary shall forthwith certify to the town clerk the amount so fixed, who shall assess this amount as school district taxes are assessed, and such amount shall be assessed, levied and collected at the same time and in the same manner as other taxes for school purposes. [1907 c. 232; 1915 c. 620] Nonpartisan gatherings of citizens. Section 435a". 1. Upon application of not less than one-half of the voters residing in the district, the school board or other body having charge of schoolhouses or other public buildings or grounds, which are capable of being more widely used as public meeting places for nonpartisan gatherings of citizens, for the presentation and discussion of public questions or for other civic, social or recrea- tional activities, shall allow the use of such buildings or grounds for the open presenta- tion and free discussion of public questions, and may allow the use of such buildings or grounds for such other civic, social and recreational activities as in the opinion of the controlling board do not interfere with the prime purpose of the building or grounds. 2. Where the citizens of any community are organized into a nonpartisan, nonsecta- rian, nonexclusive association for the presentation and discussion of public questions or for the promotion of public health by giving instruction in any topic relating thereto or in physical culture and hygiene or by the practicing of physical exercises and the presenta- tion and discussion of topics relating thereto, the school board or other body having charge of the schoolhouses or other public properties which are capable of being used as meeting places for such organization, when not being used for their prime purpose, shall provide, free of charge, light, heat and janitor service, where necessary, and shall make such other provisions as may be necessary for the free and convenient use of such building or grounds, by such organization for Aveekly, biweekly or monthly gatherings at such times as the citi- zens' organization shall request or designate. All such gatherings shall be free to the public. 3. The school board or other board having charge of the schoolhouses or other public properties, may provide for the free and gratuitous use of the schoolhouses or other public properties under their charge for such other civic, social and recreational activi- ties, as in their opinion do not interfere with the prime use of the buildings or prop- erties. 4. The person or persons making application for the use of a schoolhouse or other public property for public meetings, shall be responsible for all damage to the property occurring at such meetings, ordinary wear and tear excepted, and upon failure of the responsible person or persons to respond in damages for any such injury to the prop- erty, the school board or other board in charge of the schoolhouse or other public property, may refuse all future applications for the wider use of the property until such injury is repaired, without expense to the board in charge of the property. [1911 c. 514; 1913 c. 123] Use of school buildings and grounds for auxiliary educational and recreational activi- ties; referendum; taxation; appropriation. Section 435e. 1. Boards of school direc- tors in cities of the first, second or third class are hereby authorized to establish and main- tain for children and adult persons, in the school buildings and on the school grounds, under the custody and management of such boards, evening schools, vacation schools, reading rooms, library stations, debating clubs, gymnasiums, public playgrounds, public baths and similar activities, and accommodations to be determined by such boards, with- out charge to the residents of such cities; also to co-operate with commissioners or boards having the custody and management in such cities of public parks, libraries, museums and public buildings and grounds of whatever sort, and by making arrange- ments satisfactory to such boards of school directors, and such commissioners or boards 260 Chap. 27 s. 435o] [The Common Schools. controlling other public buildings and grounds, to provide the equipment, supervision, in- struction and oversight necessary to carry on public educational and recreational activi- ties, as described in this section, in buildings and upon grounds in the custody and under the management of such commissioners or boards having charge of public parks, libraries, museums or public buildings and grounds of whatever sort in such cities of the first, sec- ond or third class. 2. If any board of school directors shall neglect or refuse to proceed as authorized in this section, the question of their action as herein authorized shall, upon petition to that effect, signed by not less than ten per cent of the number of voters voting at the last school or other election in such city, be submitted to the electors of the school district at the next election of any sort held therein, and if a majority of the votes cast upon such proposition shall be in favor thereof, then the board of school directors shall proceed to undertake and organize this work as authorized in this section. 3. Boards of school directors in cities of the first, second or third class shall report to the common council of such cities at or before the first meeting of such common council in September of each year, the amount of money required for the next fiscal year for the support of the afore-mentioned activities -of a similar nature which may have been previously determined upon by such boards of school directors, and it shall be the duty of such common council to levy and collect a tax upon all the property, subject to taxation in said city, at the same time and in the same manner as other taxes are levied and collected by law, which shall be equal to the amount of money so required for such purposes by the said board of school directors as provided in this section; pro- vided, that the tax so levied upon each dollar of the assessed valuation of all property, real and personal, in said city, subject to taxation, shall not in any one year exceed two-tenths mill for the purpose of the activities hereinbefore mentioned in this section, and other similar activities which may have been determined upon by such board of school directors of each city. The said tax shall not be used or appropriated, directly or indirectly, for any other purpose than that provided in this section. 4. All moneys received by or raised in such city for the afore-mentioned purpose shall be paid over to the city treasurer, to be disbursed by him on orders of such board of school directors in such city, countersigned by the comptroller in the same manner that other funds at the disposal of such board of school directors in such city are dis- bursed by them. But the tax provided for in this section shall not be levied or collected, nor shall the board of school directors, as provided in this section, have authority to require the levy and collection of such tax, until after the question of the levy and col- lection of such tax shall have been submitted to the qualified school electors, of such city at some regular or special election, and shall have been favorably voted upon by a major- ity of those voting upon such question at such election. The question as to the levy and collection of such special tax shall be submitted to the voters in the usual manner upon request of the board of school directors in such city, or the question of the levy of such tax shall be submitted upon a petition to that effect, signed by not less than ten per cent of the number of voters voting at the last school election, held previously in such city. 5. After the question of the levy and collection of such special tax has been submitted to and approved by the voters as provided in this section, the authority shall remain, and such tax shall be levied and collected annually until such time as the voters of the school district of such city shall, by majority vote, order the discontinuance of the levy and collection of such tax. The question of the discontinuance of the levy and collection of such tax shall be submitted to the voters in the same manner and under the same condi- tions as the proposition to authorize the levy and collection of the said tax. 6. The board of school directors in any city covered by this section, is also empowered to receive and expend for the purposes of this section any sums of money appropriated and turned over to them by the common council of such city for such purposes; and the common council of such city shall have authority to appropriate and turn over to the board of school directors of the school district of such city any reasonable sums of money which the said common council may desire to appropriate out of the general fund of such city and turn over to the said board of school directors for the purposes herein set forth. [1911 c. 509; 1911 c. 664 s. 103; 1915 c. 204] Section 435ra. [Repealed by 1911 c. 543] Nonresident tuition fees. Section 435o. 1. In all cases where nonresident children of school age shall be enrolled in and regularly attend school in a district maintaining a one or two department rural school or some department in a district maintaining a state graded school, or the grades in a district maintaining a free high school, or a school equivalent thereto, the school board or board of education of such district shall 2G1 ■ Chap. 27 s. 436] [The Common Schools. fix a fee for such attendance of nonresident pupils, the said fee in districts maintain- ing a rural school of one or two departments shall not in any cage exceed one dollar per school month. In districts maintaining a state graded school and in districts maintaining a free high school, or one equivalent thereto, shall not exceed one dollar and seventy-five cents per month for attendance of pupils at the grades at the state graded school, or the grades below the free high school. The payment of such tuition shall entitle the persons to all the rights and privileges enjoyed by resident pupils therein. 2. It shall be the duty of each such school district to admit such pupils ; provided, the facilities for seating and instruction will permit, and such attendance will not cause an enrollment in any one room to exceed sixty-five persons. 3. In cases where there are children of school age in a home located more than two miles from the schoolhouse in the home district and transportation is not provided, the distance to be measured by the nearest traveled highway, and there is another school in an adjoining district located at a distance of one-half a mile or more nearer to such home, the children of school age shall be privileged to attend the nearer school, and in such cases the school board, or board of education, of the school district in which such families reside is duly authorized by this section to pay, and shall pay, to the treasurer of the district in which the nearer school is located, and where such children attend school the sum per month fixed by said school board as tuition under the provisions of this section, upon filing with the clerk of the school district where the parents or guard- ians of such children reside a statement on or before the first day of July in each year, setting forth the residence, name, age, date of entrance to such school and the number of months' attendance during the preceding school year of each person so admitted from such district ; this statement shall show the rate per month of tuition and the amount of tuition due for each pupil. 4. In all other cases it shall be the duty of the school board, or board of education, for persons living outside the district desiring to attend school below the ninth grade to enter into an agreement in writing with the parent or guardian of such persons for the payment of such tuition at the rate fixed above previous to the enrollment of such non- resident pupils in the school under its jurisdiction. [1911 c. 543; 1911 c. 664 s. 116] District school equipment; expenditure per year; approval. Section 436. The board may purchase such books, blanks and stationery as are necessary for keeping a record of the proceedings of meetings and the accounts of the treasurer and for doing the business of the district in an orderly manner, and such other equipment, including supple- mentary readers, dictionaries, library catalogue cards and card cases, maps, charts, globes, books and school apparatus, heating and ventilating apparatus, as may be approved by the state superintendent or by the county superintendent for the use of schools, not exceeding one hundred dollars in value in any one year, from any funds in the district treasury not otherwise specifically appropriated, and such schoolbooks as in their judg- ment may be necessary for the use of any children attending school in their district whose parents and guardians may not be able to furnish the same. All such purchases shall be approved at a regular meeting of the board at which all members are present. The board shall keep an accurate account of expenses incurred by them under the provisions of this section and present an itemized statement of such purchases to the annual meeting. [1854 c. 80 s. 39; R. S. 1858 c. 23 s. 28, 39, 41; 1863 c. 155 s. 48, 49, 51; 1873 c. 281; R. S. 1878 s. 436; 1885 c. 93; Ann. Stats. 1889 s. 436; 1897 c. 354; Stats. 1898 s. 436; 1907 c. 39] Flags. Section 436a. Every board of education or district board shall purchase at the expense of the city, town, village, or district to which it belongs and display from a flag staff on each schoolhouse or on the grounds thereof a flag of the United States, and shall purchase in like manner whatever may be needed for the display or preservation of said flag. It shall be the duty of every board of education or district board and of every prin- cipal or teacher in charge of each school to cause such flag to be properly displayed in seasonable weather during the school hours of each day's session of school upon the flag staff of said schoolhouse or school grounds. [1889 c. 272; Ann. Slats. 1889 s. 436a; 1895 c. 95; 1897 c. 354; Stats. 1898 s. 436a; 1915 c. 34] Deficiency in tax. Section 437. If any district, at its annual or at a subsequent special meeting prior to the third Monday of November following, shall not vote a tax sufficient to maintain a school for the term of six months during the ensuing year, the board, on or before the Wednesday next following said third Monday of November, shall determine the sum necessary to be raised to maintain such school, and the clerk shall forthwith certify to the town clerk the amount so fixed, who shall assess the same as other district taxes are assessed; and all school money received from the school fund income shall be applied exclusively to the pavment of teachers' wages. [1863 c. 155 s. 19; 262 Chap. 27 s. 438] [The Common Schools. 1868 e. 162; 1S75 c. 339 s. 1, 2; R. S. 1878 s. 437; 1S35 c. 124 s. 2; Ann. Stats. 1889 s. 437; 1897 c. 354; Stats. 1898 s. 437] Contract with teacher. Section 43$. The board shall contract with qualified teach- ers, specify in the contract the wages per week, month or year to be paid, and when completed file the contract, with a copy of the certificate of the teacher so employed attached thereto, with the clerk. No contract with any person not holding a diploma or certificate authorizing him to teach shall be valid; and all such contracts shall terminate if the authority to teach expire by limitation and be not renewed or be revoked. [1854 c. 80 s. 27; B. S. 1S58 c. 23 s. 27; 1863 c. 155 s. 42, 107; 1866 c. Ill s. 3; 1867 e. Ill s. 2; 1871 c. 169 s. 1; 1872 c. 101; R. S. 1878 s. 438; Ann. Stats. 1839 s. 438; 1897 c. 354; Stats. 1898 s. 433] Rules; expulsion of pupils. Section 439. The school board of any school district or the board of education of any city may make all rules needful for the organization, graduation and government of the school or schools under their jurisdiction, such rules to take effect wheir a copy signed by a majority of the board is filed with the clerk; may establish and maintain an ungraded department when in the discretion of the board such department may be deemed advisable; may suspend any pupil from school for noncompliance with the rules made by themselves or by the teacher with their con- sent ; may expel any pupil whenever, upon due examination, they find him guilty of persistent refusal or neglect to obey the rules of the school and becomes satisfied that I he interests of the school demand his expulsion; and may admit free of tuition any person between twenty and thirty years of age residing in the district to any school under their control, when in their judgment it will not interfere with the pupils of school age. [1854 c. 80 s. 37; R. S. 1858 c. 23 s. 39; 1860 c. 352 s. 2; 1863 c. 155 s. 52; 1877 c. 184; R. S. 1878 s. 439; Ann. Stats. 1889 s. 439; 1897 c. 354; Stats. 1898 s. 439; 1911 e. 464] Compulsory school attendance. Section 439a. 1. Any person having under his con- t rol any child between the ages of seven and fourteen years, or any child between the ages of fourteen and sixteen years not regularly and lawfully employed in any useful employment or service at home or elsewhere, shall cause such child to be enrolled in and to attend some public, parochial or private school regularly (regular attendance for the purpose of this statute shall be an attendance of twenty days in each school month, unless the child can furnish some legal excuse), in cities of the first class during the full period and hours of the calendar year (religious holidays excepted) that the public, parochial or private school in which such child is enrolled may be in session; in all other cities not less than eight school months; and in towns and villages not less than six school months in each year, and all children subject to the provisions of this act shall be enrolled in some public, parochial or private school within one school month after the commencement of the school term in the district in which such children reside, except that in cities of the first class such children shall be enrolled at the time of the opening of the school which they will attend (and the word "term," for the purposes of this act, shall be construed to mean the entire time that school is maintained during the school year) ; provided that this section shall not apply to any child not in proper physical or mental condition to attend school, who shall present the certificate of a reputable physician in general practice to that effect, nor to any child who lives in country districts more than two miles by the nearest traveled road from the schoolhouse in the district where such child resides ; provided that if transportation is fur- nished by the district this exemption as to distance shall not apply, nor shall this section apply to any child who shall have completed the course of study for the common schools of this state or the first eight grades of work as taught in state graded or other graded schools of Wisconsin, and can furnish the proper diploma, certificate, or credential show- ing that he has completed one of said courses of study, or its equivalent. Instruction dur- ing the required period elsewhere than at school, by a teacher or instructor selected by the person having control of such child shall be equivalent to school attendance, provided that such instruction received elsewhere than in school be at least substantially equivalent to in- struction given to children of bike ages in the public, parochial or private school where such children reside. Any person who shall violate the provisions of this section shall upon conviction thereof, be punished by a fine of not less than five dollars nor more than fifty dollars, together with costs of prosecution, or by imprisonment in the county jail not ex- ceeding three months, or by both such fine and imprisonment in the discretion of the court, for each offense. It shall be the duty of the district attorney and his assistants to prose- cute in the name of the state all violations of the provisions of this section. Any person who shall be proceeded against under the provisions of this section may prove in defense that he is unable to compel the child under his control to attend school or to work, and he shall be thereupon discharged from liability, and such child shall be proceeded against as 263 ^ri Chap. 2/ s. 439a — 1] [The Common Schools. incorrigible, or otherwise, according to law, and in case of commitment, if the parents or person having control of such child desire it, such child shall be committed to a school or association controlled by persons of the same religious faith as such child, which is willing and able to receive and maintain it without compensation from the public treasury. When in any proceedings under this section there is any doubt as to the age of any child, a veri- fied baptismal certificate or a duly attested birth certificate shall be -produced and filed in court. In case such certificates cannot be secured, upon proof of such fact, the record of age stated in the first school enrollment of such child or first school enrollment to be found shall be admissible as evidence thereof. 2. Prosecutions for violation of this section may also be brought in the juvenile court in and for the county in which such violations occur, and said court is hereby granted full and concurrent jurisdiction thereof. [18S9 c. 519; 1891 c. 187; Stats. 1898 s. 439a; 1901 c. 251; 1903 c. 189; Supl. 1906 s. 439a; 1907 c. 118, 446; 1913 c. 773 s. 16; 1915 c. 250] Compulsory vocational school attendance. Section 439a — 1. Any person between the ages of fourteen and sixteen, living within two miles of the school of any town, or within the corporate limits of any city or village and not physically incapacitated, who is not required by section 439a to attend some public, private or parochial school, and who is not attending a free high school or equivalent of a high school, must either attend some public, private, or parochial school, or attend for at least five hours a week for six months, or four hours a week for eight months, an industrial, continuation, or commercial school, provided such school, or schools, are maintained according to the provisions of sec- tions 553p— 1 to 553p — 9, inclusive, in the town, village or city in which his parents or guardians reside. This section shall apply only to persons between the ages of fourteen and sixteen living in towns, villages and cities maintaining schools as provided in sec- tions 553/7—1 to 553p — 9, inclusive, of the statutes. [1915 c. 266] Truant officers; number in cities; sheriff's to be, where. Section 4396. 1. In all cities of the first class the board of education or any board having similar powers, shall appoint ten or more truant officers; in all cities of the second and third classes, such board shall appoint one or more truant officers, and in all cities of the fourth class the chief of police and the police officers may be truancy officers, whose duties it shall be to see that the provisions of this act are enforced. 2. When of his personal knowledge, or by report or complaint from any resident of the city, or by report or complaint as provided herein, a truant officer believes that any child is unlawfully and habitually absent from school and not otherwise receiving instruc- tion as provided in section 439a as amended, he shall immediately investigate and render all service in his power, to compel such child to attend some public, parochial or private school which the person having control of the child shall designate, or if over fourteen and under sixteen years of age, to attend school or become regularly employed at home or elsewhere, and upon failure he shall serve a written notice as required in section 4 of this act and proceed as hereinafter provided against the person having charge of such child. And in all towns and villages the sheriff of the county, his undersheriff, and dep- uties shall be the truant officers, and it shall be the duty of all truant officers named in this section to enforce the provisions of this act as provided herein. [1889 c. 519; 1891 c. 187; Stats. 1898 s. 439; 1903 c. 189 s. 2; Supl. 1906 s. 439b; 1907 c. 118, 446; 1913 c. 230] Section 439c. [Repealed by 1903 c. 189 s. 3] Powers of truant officers. Section 439ca. Any truant officer within this state shall have power to visit factories workshops, mercantile establishments and other places of employment in their respective localties and ascertain whether any minors are employed therein contrary to law. They may require that the age and school certificates and lists of minors who are employed in such factories, workshops, mercantile establishments and other places of employment, shall be produced for their inspection, and they shall report all cases of such illegal employment to the school authorities of their respective cities, towns, villages or districts and to the commissioner of labor, state factory inspector or any assistant factory inspector. Such truant officer shall receive no compensation from the state for performing such services. [1905 c. 216 s. 1; Supl 1906 s. 439ca; 1907 c. 118] Attendance; aid by clerks; records and reports by teachers, public and private; for- feit for failure. Section 439cb. It shall be the duty of the school clerk of every school district, the clerks of boards of education, or other officers whose duty it is to take the school census under the law, at the time of taking the school census of their respective districts or cities, to make out three copies of such census reports, on blanks to be furnished by the state superintendent, and send one of such copies .by mail, or otherwise to the proper superintendent on or before the fifteenth day of July of each year and at the time of the opening of school in his district, he shall deliver, with the register, a copy of such census report to the teacher employed in said district, and if the school consists of two or 264 Chap. 27. s. 439cc] [The Common Schools. more departments the copy shall be placed in the hands of the principal. In case the dis- trict includes within its boundaries, territory lying in two or more counties it shall be the duty of the clerk of such district to make out separate copies of the census reports for each part of said joint district, and forward the same to the proper superintendents; pro- vided that in all cities having a population of two thousand or more the clerk of the board of education or other officer, whose duty it is to take the school census shall not be required to furnish copies of the census returns to the county superintendent, city superintendent or teachers. Said clerks of boards of education and other officers who shall have the care and custody of the school census returns, shall have their offices open at all reasonable hours, and allow and assist superintendents, teachers, and truant officers to examine and secure information from the school census reports on file in their offices, that may, in any way, aid in the enforcement of the provisions of this act. All teachers in public schools except teachers in high schools, shall at the request of the proper superintendent, while school is in session report to him. Said report shall show the name of the school and its location, the name and address of the teacher, the number of months school is maintained during the year, the date of opening and of closing of the school, the names and ages of all children enrolled in their respective schools between the ages of seven and fourteen and fourteen and sixteen, the names and post-office addresses of- the parents or other persons having control of such children, the number of the district and the name of the town, city, village and county in which said children reside, the distance such child or children reside from the schoolhouse in the district in which they live by the nearest traveled road, the number of days each such child was present and the number of days such child was absent during each month and such other reports requested by him, said reports to be made on blanks to be furnished by the county, district or state superintendent. It shall be the duty of every school clerk, or the clerk of the board of education to deliver to the teachers in the public schools a sufficient number of blanks as described above, to supply said teachers for one school year ; provided that when there shall be enrolled and in attendance at paro- chial or private schools, children residing in a county or counties other than the one in which the schoolhouse is located, the teachers in such parochial or private schools may make the reports hereinbefore described to the county, district or city superintendent of the county, or the city in which the children between the ages of seven and fourteen and fourteen and sixteen so attending, reside; provided further that in districts that include within their boundaries territory lying in two or more counties, or districts joint with cities having separate superintendents, it shall be the duty of the public school teachers in such joint districts to make separate reports as provided herein to the county, district or city superintendent of the county or city in which the children between the ages of seven and fourteen and fourteen and sixteen so attending reside; and provided that the teachers in cities of two thousand population or more shall not be required to make the report pro- vided herein, except when called upon to do so by the proper county or city superintend- ent. All teachers of private and parochial schools shall keep a record embodying all the data enumerated in this section, and such record shall be open to the inspection of ,all truant officers specified in this act, at any and all reasonable times;' and provided that when called upon by any truant officer, or superintendent, the teachers in private or paro- chial schools may furnish in writing on blanks furnished by the truant officer or superin- tendent the above-mentioned data in regard to any child or children between the ages of seven and fourteen and fourteen and sixteen who claim, or who are claimed to be in at- tendance upon said school ; and every teacher in a public school shall, and every teacher in a private or parochial school may promptly notify the proper truant officer of any child whose attendance is habitually irregular ; provided such irregularity is not excused by any provision of this act. Any officer or teacher in a public school who shall fail or neglect to make the reports required by this section as required, or any teacher in a private or paro- chial school who shall fail to keep a record as required in this section shall be subject to a forfeiture of not less than five nor more than twenty-five dollars for each such failure or neglect, said forfeiture to be sued for by any voter of the district where such officer resides, or where such teacher is employed, and recovered in the same manner other forfeitures are sued for and recovered under the Wisconsin statutes ; one-half of the amount of the for- feiture to be paid to the voter bringing the action and the other half to be paid into the school district treasury of the district where such offender resides. [1907 c. 446; 1915 c. 620] Reports to truancy officers; notice to parents; prosecution. Section 439cc. 1. It shall be the duty of the count} 7 , district and city superintendents, upon receiving the re- ports and information as provided in the preceding sections, to compare carefully the reports of attendance and enrollment, with the reports of the last school census on file in his office, and ascertain therefrom the names of all children who are not complying with the provisions of sections 439a to 439cd, inclusive, and it shall be the duty of such super- 265 Chap. 27 s. 439ca] [The Common Schools. intendents to report the names of such children, together with the names and addresses of the parents or those having control of such children to the commissioner of labor and industrial statistics at Madison, upon blanks furnished for»that purpose, and to the proper truant officer of the county, district or city. The truant officer shall immediately upon receipt of such report, or when he obtains information of delinquencies, notify by registered mail, or by the service of notice in the same manner as provided for the service of summons in a civil case in a justice court, the parent or the person having control of such child or children, to cause such child or children to be sent to some public, parochial or private school within five days from the date notice is deposited, properly addressed in the post office, if notice is served by registered mail, or five days from the date of the personal service of said notice. 2. The notice shall inform the parent or other person in parental relation that the law requires that all children between the ages of seven and fourteen, and between the ages of fourteen and sixteen, if not regularly employed as provided by sections 1728a to 1728j, inclusive, are to be in regular attendance at some school as provided in section 439a. It shall be the duty of all truant officers, after having given the notice hereinbefore described, to determine whether the parent or other person in parental relation has complied with the notice, and in case of failure to so comply, lie shall immediately notify the commis- sioner of labor and industrial statistics of such failure, and within three days after having knowledge of or having been notified thereof, make complaint against said parent or per- son in parental relation having the legal charge and control of such child or children, before any justice of the peace in the county, where such party resides. 3. Provided, that in counties where the criminal jurisdiction of the justice of the peace has been abolished, the court or courts now having such powers, shall have jurisdiction in cases brought under the provisions of sections 439a to 439ca", inclusive ; for such refusal or neglect to send such child or children to some school as provided in sections 439a to 439crt", inclusive; and said justice of the peace or other court shall issue a warrant on said complaint and shall proceed to hear and determine the same, in the same manner as pro- vided by statute for other criminal cases under his jurisdiction. All truant officers or other officers having the power of truant officers shall have the power to apprehend with- out warrant, any child or children found violating the provisions of sections 439a to 439ctf\ inclusive, and cause such child or children to be placed in some public, parochial or private school. It shall be the duty of all school officers, superintendents, teachers or other persons to render such assistance and furnish such information as they may have at their command, to aid truant officers in the performance of their duties. [1907 c. 446; 1911 c. 421; 1911 c. 664 s. 69] Truant officers' compensation. Section 439co\ 1. Truant officers in cities of the first, second and third classes shall receive such compensation as shall be fixed by the boards of education of such cities or boards having similar powers. 2. The chief of police and the police officers of cities of the fourth class may perform the duties of truant officers in addition to the other duties devolving upon them, and shall receive no extra or additional compensation therefor. 3. When the sheriff, undersheriff, and his deputies are acting as truant officers as pro- vided herein, they shall be paid the same fees as provided for such officers in criminal ac- tions brought under the laws of this state, and in counties where the sheriff and deputies are paid an annual salary they shall receive their actual and necessary expenses incurred in" the performance of their duties as truant officers, but no extra compensation shall be allowed. [1907 c. 446; 1913 c. 230, 650] Truancy reports to industrial commission. Section 439ce. Each county and city superintendent of schools shall report to the industrial commission and to the proper truant officer within ten days after the close of each month, commencing with the month of October and concluding with the month of May in each year, the name of each child residing in the county, district, or city under his supervision who during said month has not complied with the provisions of section 439a of the statutes, and the name and post-office address of the parent or guardian of such child. If any county or city superintendent has no names of delinquent children to report for any month as provided in this section, it shall be the duty of such superintendent promptly to notify the industrial commission of that fact. It shall be the duty of each county and city superintendent of schools to require suitable monthly reports from the teachers under his jurisdiction in order to assist such superintendent in preparing the aforesaid reports. Immediately upon serving the notice as provided in sections 4396 and 439cc of the statutes upon the parent or guardian of any child, it shall be the duty of the truant officer to notify the teacher of such child of such service. The return of the child to school shall be promptly reported by the teacher to the truant officer and superintendent. It shall be the duty of each truant officer to make a 26G Chap. 27 s. 439,;/] [The Common Schools. report each month to the industrial commission, showing the action taken by him in the cases of delinquency reported to him by the superintendent. Blanks for reports by super- intendents to the industrial commission and to the truant officer shall be furnished by the industrial commission. [1911 c. 542; 1913 c. 650] Penalty. Section 439c/. Any superintendent of schools or any truant officer who violates or fails to comply with any of the provisions of sections 439b, 439cfr, 439cc, and 439ce of the statutes shall be subject to a forfeiture of not less than five nor more than twenty-five dollars for each such offense, which on complaint of the industrial commission may be recovered against such superintendent or truant officer in an action in debt brought by the attorney-general before any court of competent jurisdiction. [1913 c. 650] Use of forfeiture. Section 439d. The forfeiture herein provided for, when col- lected, shall be paid over to the proper treasurer, to be accounted for by him as money raised for school purposes in the city, town, village or district in which the person suffer- ing the forfeiture resided at the time thereof. [18S9 c. 519; 1891 c. 187; Stats. 1898 s. 439d] Census officer's duty. Section 439e. It shall be the duty of all officers empowered to take the school census to ascertain the number of children between the ages of seven and thirteen years in their respective districts, the number-of children between such ages who did not attend school, and, as far as possible, the cause of such failure to attend school. [1889 c. 519; 1891 c. 187; Stats. 1898 s. 439e] Attendance at school on reservation compulsory. Section 439/. Whenever the gov- ernment of the United States shall organize or cause to be organized and maintained on any reservation for school purposes within this state, special schools for general educa- tional purposes and the expense of tuition, lodging, food and clothing of the pupils en- rolled therein is borne wholly or in part by the United States or the state of Wisconsin, it shall be compulsory on the part of every parent or guardian within the state having control of a child or children between the ages of five and eighteen years, eligible to attend such school, to cause sueh child or children to attend such school for a period of at least nine months in each year, or during the annual term ; provided, that any child may be ex- cused from attendance thereat by the principal or superintendent of the school upon its being shown to his satisfaction that the physical or mental condition of such child renders application to study or attendance at school inadvisable for the period required, or that the child is taught in some private or other public school or at home in the branches usually taught in the public schools of the state, or is actually and necessarily compelled to labor for the support of the parent or guardian, or that the residence of the parent or guardian of such child is more than ten miles distant from said school and that free trans- portation of said child is not provided for by the United States or the state of Wisconsin ; the facts in each and every ease named above to be determined upon investigation by the principal or superintendent of said school. [1905 c. 330 s. 1; Supl. 1906 s. 439 f; 1907 c. 118] Refusal or neglect of guardian to cause attendance of child. Section 439^. In all cases of refusal or neglect on the part of the parent or guardian and before attempting to enforce the provisions of this act, it shall be the duty of the principal or superintendent of the school within said territory to serve or cause to be served upon the parent or guard- ian a demand for the attendance of such child who has not been excused therefrom. Such notice shall be in writing and give the name of each child and designate the school upon which attendance is required. If the parent or guardian claims that the child should be excused for one or more of the reasons given in section 1 of this act, it shall be the duty of the principal or superintendent of such school to make immediate investigation of the matter and to place his findings in the case in writing. If after such investigation the child is found eligible to attend such school and the parent or guardian shall fail or refuse to comply therewith within ten days after service of a written notice to such effect, then and in such case the principal or superintendent of said school shall make complaint against such parent or guardian as required by law. [1905 c. 330 s. 2; Supl. 1906 s. 439g; 1907 c. 118] Penalty. Section 4397*. Any parent or guardian failing to comply with the provi- sions of this act shall be guilty of a misdemeanor and on conviction thereof shall be pun- ished by a fine of not less than five dollars nor more than twenty-five dollars or by im- prisonment in the county jail not less than five days or more than thirty days, and in case of conviction for a second or any subsequent offense shall be punished by both such fine and imprisonment. [1905 c. 330 s. 3; Supl. 1906 s. 439h; 1907 c. 118] Duty of district attorney, sheriff, etc. Section 439i. It shall be the duty of the dis- trict attorney of the county in which such offense is committed to prosecute all actions arising under the provisions of this act when such complaint is made by the superin- 267 Chap. 27 s. 440] [The Common Schools. tendent or principal of the school. It is likewise made the duty of sheriffs, constables and peace officers in the state to take cognizance of this act and assist principals and superintendents of schools in carrying out its provisions. [190$ c. 330 s. 4 ; Supl. 1906 s. 439i; 1907 c. 118] Choice and change of textbooks. Section 440. The board shall determine what textbooks shall be used in the school, make a list of such books, file a copy thereof with the clerk and keep a copy of such list posted in the schoolhouse. When textbooks shall have been so adopted they shall not be changed for the period of three years. [1854 c. 80 s. 40; R. S. 1858 c. 23 s. 42; 1863 c. 155 s. 53; 1866 c. Ill s. 5; 1867 c. Ill s. 7; 1868 c. 156 s. 1; R. S. 1878 s. 440; 1883 c. 251 s. 1; Ann. Stats. 1889 s. 440; 1891 c. 308 s. 1; 1897 e. 354; Stats. 1898 s. 440; 1905 c. 443 s. 1; Supl. 1906 s. 440; 1907 c. US] Same in cities. Section 440a. The board of education in any city shall determine what textbooks shall be used in its schools, make a list of such books file a copy with their clerk or secretary and keep a copy posted in each school building. When textbooks shall have been so adopted, except in a city which furnishes free textbooks to the pupils in its public schools, they shall not be changed for three years. In any city where the district system is not in force the board of education may, under the limitations of this section, order changes in textbooks as aforesaid. Such changes, except as to free text- books as aforesaid, shall be approved by the city council; and the board of education may purchase textbooks for use in its schools, and loan or furnish them to pupils under such conditions or regulations as they may prescribe. But no textbooks which would have a tendency to inculcate sectarian ideas shall be used in any public school. [1875 c. 315; R. S. 1878 s. 514; 1883 c. 251 s. 3; Ann. Stats. 1889 s. 514; 1891 c. 308 s. 2; 1897 c. 354; Stats. 1898 s. 440a] Penalty. Section 440&. Every member of the district board or of a board of educa- tion, when a list of textbooks has been adopted according to law, who shall, within three years from the date of such adoption, order a change of textbooks in his district or city shall forfeit the sum of fifty dollars. [1863 c. 155 s. 53; R. S. 1878 s. 503; 1883 c. 251 s. 2; Ann. Stats. 1889 s. 503; 1897 c. 354; Stats. 1898 s. 440b] Board to visit school. Section 441. The board shall visit the school, examine into its condition, advise with the teacher in regard to the instruction, government and progress of the pupils, and exercise such general supervision as may be necessary to carry out the provisions of this chapter. [R. S. 1858 c. 23 s. 61; 1863 c. 155 s. 54; R. S. 1878 s. 441; Ann. Stats. 1889 s. 441; 1897 c. 354; Stats. 1898 s. 441] Insurance. Section 441a. Any district board or board of education may insure the school property, and, if necessary, execute a note for the premiums. [1SS7 c. 414; Ann. Stats. 1889 s. 441a; 1897 c. 354; Stats. 1898 s. 441a] director. His duties. Section 442. It shall be the duty of the director of each district : (1) To countersign all orders legally drawn by the clerk upon the treasurer of the dis- trict. (2) To appear for and on behalf of the district in all actions brought by and against it, when no other direction shall have been lawfully given at a district meeting. (3) To cause an action to be prosecuted in the name of the district on the treasurer's bond in case of any breach of any condition thereof, and to apply all money when col- lected to the use of the district as the same should have been applied by the treasurer. [R. S. 1858 c. 23 s. 17, 18, 22; 1863 c. 155 s. 32-34; R. S. 1878 s. 442; Ann. Stats. 1889 s. 442; 1897 c. 354; Stats. 1898 s. 442] TREASURER. Bond. Section 443. The treasurer shall, within ten days after his election or ap- pointment, execute to the district and file with the clerk a bond, in double the amount, as nearly as can be ascertained, of all the money of the district to come into his hands, with sufficient sureties, conditioned for the faithful discharge of his duty and approved by the director and clerk. He shall hold office until his successor be elected or appointed and qualified as herein provided. Whenever the director and clerk shall deem the bond of the treasurer insufficient they shall demand an additional bond in such sum as they shall ^fix, conditioned, approved and filed in the manner aforesaid, within ten days after such de- mand. The neglect or refusal to file such bond in either case shall vacate the office. Neither the director, clerk nor teacher shall hold the office of treasurer in his own district. [1863 c. 155 s. 35, 36; R. S. 1878 s. 443; 1879 c. 117; 1889 c. 254; Ann. Stats. 1889 s. 443; 1897 c. 354; Stats. 1898 s. 443] 268 Chap. 27 s. 444] [The Common Schools. Treasurer's duties. Section 444. The treasurer shall apply for and receive from the town treasurer all money apportioned to or collected for the district and pay money on the order of the clerk countersigned by the director, and not otherwise. He shall keep a book in which he shall enter all the money received and disbursed by him, specifying particularly the sources from which the same has been received, the persons to whom and the object for which the same has been paid, and shall afford the clerk access thereto when desired to enable him to make his annual report. He shall present to the annual meeting a report in writing containing a statement of all moneys received by him during the preceding year and of each item of disbursement made by him and exhibit the voucher therefor. At the close of his term of office he shall settle with the board and deliver to his successor said book, all vouchers, orders, papers and money coming into and remaining in his hands as treasurer. [1854 c. 80 s. 19, 20; 1858 c. 138; R. S. 1858 c. 23 s. 19, 20; 1863 c. 155 s. 37, 38; R. S. 1S78 s. 444; Ann. Stats. 1889 s. 444; 1897 c. 354; Stats. 1898 s. 444] Prosecution of town treasurer. Section 445. The treasurer shall prosecute the town treasurer of the town in which the district or any part thereof is situated for the recovery of any money belonging to the district which the town treasurer refuses or neglects for the space of ten days ffom the time fixed by law therefor to pay over to him. [1854 c. 80 s. 32, 43; R. S. 1858 c. 23 s. 94; 1863 c. 62 s. 10; 1863 c. 155 s. 132; R. S. 1878 s. 445; Ann. Stats. 1889 s. 445; 1897 c 354; Stats. 1898 s. 445] CLERK. His duties. Section 446. It shall be the duty of the clerk : (1) To report the name and post-office address of each officer of his district to the town clerk and to the town treasurer, or if a joint district to the clerk and treasurer of each town in which his district is situated, within ten days after the election or appoint- ment of such officer. (2) To act as clerk and record the proceedings of the district meetings. (3) To enter in the record book provided by the board the minutes of its meetings, orders, resolutions and other proceedings. (4) To enter in said record book copies of all his reports to the town clerk and the certificate of the proceedings of a meeting returned by a temporary clerk as provided in section 430. (5) To draw orders on the treasurer for money apportioned to or raised by the dis- trict to pay, according to the contract made by the board, the wages of any qualified teacher for teaching the district school, and to make any other payment voted at a meet- ing pursuant to section 430. (6) To make a record in some suitable book of all orders drawn on the treasurer. (7) To furnish at the expense of the district for the use of each teacher a school reg- ister in the form prescribed by the state superintendent, to procure the same to be re- turned to him at the expiration of the teacher's employment and to preserve the same with the records and papers of the district. (8) To notify any person of his election or appointment to a district office within five days thereafter, to furnish any teacher a copy of the contract made with him by the board and to perform any other duties imposed upon him by law. [R. S. 1858 c. 23 s. 6, 25, 32, 33; 1863 c. 62 s. 2, 3; 1863 c. 155 s. 39, 40, 41, 45, 59; 1866 c. Ill s. 2; 1867 c. Ill s. 5; R. S. 1878 s. 446; Ann. Stats. 1889 s. 446; 1897 c. 354; Stats. 1898 s. 446] Orders in favor of teachers. Section 446a. No order shall be drawn, countersigned or paid which is in favor of any person who has taught school in said district when not holding a certificate of qualification therefor as provided by law, nor for the payment of which the money has not been appropriated according to law, and no order shall be drawn for any money received from the school fund income for any other purpose than payment of teachers' wages. [R. S. 1858 c. 23 s. 6, 25, 32, 33; 1863 c. 62 s. 2, 3; 1863 c. 155 s. 39, 4.0, 41, 45, 59; 1866 c. Ill s. 2; 1867 c. Ill s. 5; R. S. 1878 s. 446; Ann. Stats. 1889 s. 446; 1897 c. 354; Stats. 1898 s. 446a] WHAT shall be taught. Studies; kindergartens. Section 447. Orthography, orthoepy, reading, writing, Eng- lish grammar and composition, geography, arithmetic, elements of agriculture, history and civil government of the United States and of the state of Wisconsin, and such other branches as the board may determine, shall be taught in every district school. All in- struction shall be in the English language, except that the district board or the board of education may, in their discretion, cause any foreign language to be taught by a com- 269 Chap. 27 s. 447a] [The Common Schools. petent teacher to such pupils as desire it, not to exceed one hour each day. District boards, town boards of school directors and boards of education may provide for kinder- gartens, for instruction and training of primary grades, in separate departments or other- wise. [1863 c. 155 s. 55; 1S66 c. Ill s. 6; 1869 c. 50 s. 1; 1871 'c. 14 s. 1; It. S. 1878 s. 447; Ann. Stats. 1889 s. 447; 1897 c. 354; Stats. 1898 s. 447; 1905 c. 158 s. 1; Supl. 1906 s. 447; 1907 c. 118, 200; 1911 c. 409] Physiology and hygiene. Section 447a. Provision shall be made by the proper local school authorities for instructing all pupils in all schools supported by public money or under state control, in physiology and hygiene with special reference to the effects of stimulants and narcotics upon the human system. The textbooks used in giving such in- struction shall have the joint approval of the state superintendent and the state board of health. [1885 c. 327; Ann. Stats. 1889 s. 447a; 1897 c. 354; Stats. 1898 s. 447a] Public schools; instruction in prevention of accidents. Section 447a. 1. It shall be the duty of each teacher in a public school in the state of Wisconsin to devote not less than thirty minutes in each month during which such school is in session to instructing the pupils thereof as to ways and means of preventing accidents. 2. The state superintendent of public instruction shall prepare and publish at the ex- pense of the state a book conveniently arranged in chapters or lessons for the purpose of the instruction provided in this section and shall furnish a copy thereof to each teacher re- quired to give such instruction. 3. The members of the boards of education, school directors, trustees, or other bodies or persons having control of the schools of a township, village or city, shall cause a copy of this section to be printed in the manual or handbook prepared for the guidance of teachers, where such manual is in use. [1913 c. 218] TEACHERS. Certificates. Section 448. If any person desires to teach in any of the common schools he shall procure a certificate from the proper examining officer, and no certificate shall have force except in the district of the officer by whom issued. [1854 c. 80 s. 54; R. S. 1S58 c. 23 s. 56; 1862 c. 176 s. 1, 7; 1863 c. 155 s. 100, 107; R. S. 1S78 s. 448; Ann. Stats. 1889 s. 448; 1897 c. 354; Stats. 189S s. 448] Grades of ; who not to have. Section 449. There shall be three grades of teachers ' certificates, to be known as first, second and third. Each certificate shall show the branches in which the holder has been examined and his relative attainments in each branch. No person known to the examining officer to be of immoral character, deficient in learning or ability to teach or unable to write and speak the English language with fa- cility and correctness shall receive a certificate. [1863 c. 155 s. 101, 102; 1866 c. Ill s. 8; 1868 c 108 s. 4; 1871 c. 101 s. 2; R. S. 1878 s. 449; 1887 c. 79; Ann. Stats. 1889 s. 449; 1897 c. 354; Stats. 1898 s. 449] Section 450. [Repealed by 1913 c. 129] Life of certificates; extension. Section 450a. 1. It shall not be lawful for any county superintendent to indorse a certificate issued by any other county superintendent, nor to extend the life of any certificate beyond the limits fixed by law. The papers writ- ten in any examination shall not be used as the basis for issuing a second certificate, which shall have the effect of extending the life of the certificate first issued thereon, except as hereinafter provided. But in any examination for a second certificate, when the appli- cant has taught successfully in the superintendent district for one school year on a certifi- cate previously issued by him, the superintendent may, in his discretion, accept standings on papers written bj r the applicant in the preceding examination not to exceed five in number, in lieu of a re-examination in the subjects for which standings are so accepted. 2. The superintendent may allow any person while holding an unexpired certificate of the third grade, or a county training school certificate to write on any two or more of the additional branches demanded for a certificate of the second grade. If the applicant is then successful in securing the required standing in any two of said second grade branches, (lie superintendent shall issue to said applicant a new third grade certificate based upon tho previous examination or upon the county training school certificate good for one year, and if on or before the expiration of such new third grade certificate, the applicant com- pletes the second grade examination, the superintendent may grant him a certificate of the second grade without limitation. If at any time during the life of the second grade certificate, any applicant shall successfully write in the additional branches demanded for a first srrade certificate, the superintendent may issue such first grade certificate without limitation. [1901 c. 439 s. 2; Supl. 1906 s. 450a; 1907 c. 118, 445] Preservation of examination papers. Section 4506. It shall be the duty of every countv superintendent to preserve on file in his office during the life of every certificate 270 Chap. 27 s. 450e] [The Common Schools. issued by him or his predecessors, the examination papers, both questions and the answers thereto examined by him or his predecessors, and upon which the certificate was issued ; provided, that this section shall not prevent the transfer of papers to the state superin- tendent, as provided in section 6 of this act. [1901 c. 439 s. 3; Supl. 1906 s. 450b; 1907 c. 118] Issue of certificate on transfer of papers. Section 450c. If any person holding a certificate desires to teach in any county or superintendent district other than the one for which his certificate was issued, the county superintendent of that county or district may request the county superintendent who issued the certificate to transfer to him the papers in his possession upon which the certificate was issued, whereupon it shall be the duty of the county superintendent so requested, to transfer the papers, if any. If these papers and standings are found satisfactory by the county superintendent to whom they were transferred, he may issue a certificate upon them of the same grade as the original cer- tificate and coterminous with it, or one of a lower grade to be in force a shorter time, and he shall preserve the papers on file in his office. If the papers are found unsatisfactory, and the certificate is denied, he shall return the papers to -the county superintendent from whom he received them. [1901 c. 439 s. 4; Supl. 1906 s. 450c; 1907 c. 118] Qualifications for teachers' certificates. Section 450d. 1. On and after July 1, 1915, no person who shall not have taught in a public school for at least one year, shall be granted a county or city teacher's certificate to teach in the public schools of the state of Wisconsin, unless, in addition to passing an examination in all of the subjects required by law for a county or city teacher's certificate, he shall have completed the course of study provided for the common schools of the state of Wisconsin, or one equivalent thereto, or the course of study provided for a graded system of public schools containing at least eight grades, or one equivalent thereto, and shall have had at least two additional years of instruction in training, one year of which, or its equivalent, shall have been devoted to professional studies preparatory to the work of teaching; provided, that graduates of four-year high schools not maintaining training courses as provided in subsection 3 shall be required to have had, in addition to the regular work of the high school, only one ad- ditional year of training in the professional studies provided in subsection 2. 2. The term "professional studies," as used in this section, shall be interpreted to in- clude a thorough review of the branches required by law to be taught in the common schools of the state of Wisconsin, the study of the manual of the course of study provided for the common schools, observation work, at least ten weeks of practice teaching, school management, school law, and such other studies as may be required by the state superin- tendent of public instruction to qualify a person to teach in the common schools; or, *n lieu of the foregoing, a high school training course as provided in section 450 — 1 of the statutes. 3. The two years of additional instruction in training required in subsection 1 may be obtained at a state normal school, a county training school for teachers, or at a free high school having a course of study established for the purpose of training teachers, as pro- vided in section 450 — 1 of the statutes; provided, that no course for the training of teach- ers shall be established in a free high school employing less than three teachers, including the principal, and unless the teacher employed to give instruction in professional work and to supervise observation work and practice teaching shall be a graduate of the ad- vanced course from a Wisconsin state normal school, or its equivalent, and who shall, in addition, present evidence satisfactory to the state superintendent of having had at least two years' successful experience as a teacher; and, provided further, that no school shall be continued on the list of schools offering courses for the training of teachers unless the work done therein shall meet the approval of the state superintendent. [1913 c. 417] Third grade certificates; examination branches; professional instruction. Section 450 — 1. 1. Every applicant for a third grade certificate shall be examined in orthoepy, spelling, reading, penmanship, arithmetic, elementary composition and grammar, geog- raphy, the history of the United States, the civil government of the United States and of the state of Wisconsin, physiology and hygiene with special reference to the effects of stimulants and narcotics upon the human system, school management, the manual of the elementary course of study for the common schools of Wisconsin, the elements of agri- culture and rural economics, and after January 1, 1915, in the cataloging and use of school libraries; and in addition to passing examinations in the aforesaid branches, he shall have attended a professional school for teachers for at least six weeks and shall have received in such school standings in school management, and in the methods of teaching reading and language, arithmetic and geography, provided, however, that the provisions of this section relative to attendance at professional schools for teachers shall not apply to persons who have taught successfully in the public schools for at least eight months prior to July 1, 1910, nor to graduates from free high school teachers' training courses 271 jf Chap. 27 s. 450 — 2] [The Common Schools. which had been especially approved by the state superintendent prior to July 1, 1910, nor to graduates from teachers' training courses equivalent thereto, which, since July 1, 1910, have been, or which in the future may be, adopted by any high school board or board of education, and approved by the state superintendent. Definition. 2. In this act "professional school for teachers" shall mean a state normal school, a county training school for teachers, any school in rank above a high school, offering a cour.se for teachers equivalent to that offered in the state normal schools of Wisconsin, in counties where county training schools or joint county training schools have not been established, a free high school Avhich provides and maintains a teachers' training course approved as to course of study and qualifications of teachers, by the state superintendent, or a teachers' institute maintained under such conditions and restrictions as may be provided for by the board of regents of normal schools, provided that such in- stitute shall be taught by at least two teachers and be of not less duration than six weeks, and shall have in connection therewith a model or practice school. Force; renewal. 3. A third grade certificate shall entitle the holder to teach for such period, not more than one year, as may be specified therein, in the superintendent's district in which the certificate is issued. A third grade certificate may be renewed if the holder shall during the life of the certificate attend a professional school for teachers for a jDeriod of not less than six weeks and shall receive in such school credits in at least two subjects required for a second grade certificate. The holder of a third grade certifi- cate may also renew the same by passing an examination in all the subjects required for a third grade certificate. [1909 c. 378; 1911 c. 132, 569; 1911 c. 663 s. 20; 1913 c. 144, 491] Second grade; examination; branches; experience. Section 450 — 2. 1. An appli- cant to receive a second grade certificate shall have taught successfully in the public schools for at least eight months and shall pass a satisfactory examination in all the branches required for a third grade certificate, and in addition in physical geography, American literature, English composition, and in the cataloguing and use of school libra- ries. The county or city superintendent may transfer the standings of a third grade cer- tificate in force to a second grade certificate if the holder of such third grade certificate lias taught a school successfully for at least eight months and has attended, since receiv- ing such third grade certificate, a professional school for teachers for at least six weeks and received credits in at least two subjects required for a second grade certificate. Force. 2. A second grade certificate shall entitle the holder to teach in the superin- tendent's district where it is issued and shall be in force three years from the date of its issue. Renewal. 3. A second grade certificate may be reneAved if the holder thereof shall pass aft examination in all the subjects required for a second grade certificate. A second grade certificate may also be renewed without examination provided the holder thereof has taught successfully for two years during the life of such certificate and has attended a professional school for teachers for at least six weeks and received credits in at least two subjects required for a first grade certificate. [1909 c. 378; 1911 c. 663 s. 22] First grade; examination; branches; experience. Section 450 — 3. 1. An applicant to receive a first grade certificate shall have taught successfully for at least eight months in the public schools and shall pass a satisfactory examination in all the branches re- quired for a second grade certificate, and in addition in English literature, theory and art of teaching, algebra, physics and English history. The county or city superintendent may transfer the standing of a second grade certificate in force to a first grade certificate if the holder of such second grade certificate has taught a school successfully for at least eight months and has attended, since receiving such second grade certificate, a professional school for teachers for at least six week and received credits in at least two subjects re- quired for a first grade certificate. Force. 2. A first grade certificate shall entitle the holder to teach in the superin- tendent's district in which it is issued and shall be in force for five years. Renewal. 3. A first grade certificate may be renewed by the county or city superin- tendent for one or more periods of five years eaeh, provided the holder has taught suc- cessfully for a period of ten years. [1909 c. 37S; 1911 c. 663 s. 23] Special third grade certificates. Section 450 — 4. Whenever the supply of legally qualified teachers in any county has been exhausted the county or city superintendent with the ap] roval of the state superintendent may issue special third grade certificates on examination in the subjects required for such certificates to as many persons as are neces- sary to supply the schools, provided that not more than one such certificate shall be issued to the same person. [1909 c. 378] Certificates; issue; unlawful renewal and transfer. Section 450 — 5. 1. No first, second or third grade teacher's certificate shall be issued after July 1, 1910, except as 272 Chap. 27 s. 450 — 6] [The Common Schools. provided in sections 450 — 1 to 450 — 4, inclusive, of this act, provided further that noth- ing in this act shall repeal the provisions of section 450a of the statutes. 2. Any person so desiring, may, however, qualify for the several grades of certificates, provided for in this act, as therein required, at any time after its passage and publica- tion. [1909 c. 378] Equivalent substitute for teacher's examination. Section 450 — 6. In an examina- tion for the issuance or for the renewal of a county or city teacher's certificate, the county or city superintendent may, at his discretion, accept as a substitute for examination in 'any required subject, in which the applicant shall have previously passed a satisfactory ex- amination in writing for a teacher's certificate, evidence of the satisfactory reading by the applicant during the life of the certificate then in force, or which expired not more than two months previously, of one book included in the list of books of the Wisconsin teach- ers' reading circle, which list shall have been approved by the state superintendent, and which shall have been prescribed for the group of teachers to which the applicant belongs. Such reading shall have been additional to that required for registration of the applicant's certificate and in the case of each book shall have been done within the period when it was on the said reading circle list. [1915 c. 220] Standard of attainment in branches required for certificates. Section 451. Each county superintendent shall establish for his county, subject to the approval of the state superintendent, the standard of attainment in each branch of study which must be reached by each applicant before receiving a certificate. The standard so established shall be uniform in the county or superintendent district and no certificates shall be issued until the standard is established. The standard in the branches of study common to the third grade and the second grade certificates shall be higher for the second than for the third grade certificate, and the standard in the branches common to the second grade and the first grade branches shall be higher for the first grade than for the second grade certificate. The county superintendent may demand an examination in such additional branches as -the applicant may be required to teach, and whenever he shall deem it necessary he may require a re-examination of any teacher in his county or superintendent district for the purpose of ascertaining his qualifications to continue as such teacher. [1862 c. 176 s. 6, 8; 1863 c. 155 s. 105, 106; R. S. 1878 s. 451; Ann. Stats. 1SS9 s. 451; 1897 c. 354; Stats. 1898 s. 451; 1901 c. 439 s. 5; Supl. 1906 s. 451; 1907 c. 118] Appeal to state superintendent from markings by county superintendent. Section 452. Any applicant refused a certificate as teacher by the county superintendent, may apply to the state superintendent for a re-examination. The superintendent, upon de- mand, shall give any applicant refused a certificate a written statement of the reasons of such refusal, which shall be presented to the state superintendent by the person desiring re-examination. If upon such re-examination the state superintendent shall be satisfied that such applicant is legally qualified, he shall issue a certificate of the proper grade, which shall entitle him to the same privileges as if it had been issued by the county super- intendent. In the exercise of his powers of general supervision of the schools, the state superintendent is hereby authorized to call for the examination papers, both questions and answers, of any person to whom a certificate has been granted, and it is made the duty of all county superintendents to furnish such papers when so called for. If, upon examina- tion of the papers, the state superintendent is satisfied that the person to whom the cer- tificate has been granted is not qualified, he may annul the certificate. [1863 c. 102 s. 1; 1863 c. 155 s. 110; R. S. 1878 s. 452; Ann. Stats. 1889 s. 452; 1897 c. 354; Stats. 1898 s. 452; 1901 c. 439 s. 6; Supl. 1906 s. 452; 1907 c. 118] High school diploma countersigned as certificate. Section 452a. The free high school board shall make out and deliver to each graduate of the high school at the time of graduation, a certificate of his standing in the branches pursued by him in such school ; and if such graduate of a high school, having a four years' course, receive a first grade certificate from any county superintendent, and furnish to him or to any other county superintendent, satisfactory proof of having taught successfully at least one school year, under such first grade certificate, such county superintendent may countersign his cer- tificate of graduation or diploma at any time before the expiration of the first grade cer- tificate, and affix the date of such signature thereto. The diploma so countersigned shall have for the period of five years thereafter, the force and effect of a first grade certificate. It shall be lawful for more than one county superintendent to countersign the diploma, but no countersignature shall have the effect of extending the diploma as a first grade certificate, beyond the expiration of the five years immediately following the date of its first countersignature. [18S5 c. 311; Ann. Stats. 1889 s. 452a; 1897 c. 354; Stats. 1898 s. 452a; 1901 c. 439 s. 7; Supl. 1906 s. 452a; 1907 c. 118; 1911 c. 179] 18 273 Chap. 27 s. 452£>] [The Common Schools. Superintendent may accept normal school standings. Section 452fr. Any school superintendent or officer authorized to grant certificates to teachers in the common schools, is hereby authorized, in his discretion, to accept standings obtained by the completion of studies in any normal school of the state, when duly certified by the president of said nor- mal school, in lieu of actual examination by said superintendent or examiner, at any time within three years after such standings were first obtained and recorded in said normal school. The provisions of this section shall apply to certificates of the first, second or third grades. [1899 c. 104 s. 1; Supl. 1906 s. 452b; 1907 c. 118] Section 452c. [Repealed by 1915 c. 229] Charges against teachers. Section 453. If any charges be made in writing to any county superintendent, over the signature of a complainant, against any teacher in the superintendent's district, affecting his moral character, learning or ability to teach the superintendent shall give to the complainant, the teacher and the board by whom he is employed at least ten days' notice in writing containing a statement of the charges and of the time and place when and where he will hear the same. He shall proceed accord- ing to the notice to hear the proofs on either side and give the accused a reasonable op- portunity to defend himself; he may administer oaths, and if he find the charges sus- tained and sufficient annul his certificate ; but the teacher shall not be disqualified thereby until notice containing his name, the date of and reasons for such annulment be filed in the office of the town clerk and a copy thereof delivered to the clerk of the district in which the teacher is employed. [1863 c. 155 s. 92, 108, 109; R. S. 1878 s. 453; Ann. Slats. 1889 s. 453; 1897 c. 354; Stats. 1898 s. 453] State certificates; high school principals' certificates. Section 454. The state su- perintendent shall, before the fourth Wednesday of August in each year, appoint three competent persons, residents of this state, who shall constitute a board of examiners. Said board shall meet at the capitol once or more each year, at such times and also at such other places as the state superintendent shall prescribe, for the examination of all applicants for state certificates ; provided, the state superintendent is hereby authorized to examine principals of high schools and of free high schools who shall have been elected superintendents of the city schools containing such high school, and to grant certificates to successful candidates, valid for one year and in a single locality. The state superin- tendent shall prescribe the manner of making application, of conducting and managing such examinations, reporting the results thereof, and, with the advice of the examiners, in what branches of study, in addition to those fixed by law, the applicant for an unlimited state certificate shall be examined. [1868 c. 169 s. 1, 2, 5; R. S. 1878 s. 454; Ann. Stats. 1889 s. 454; 1891 c. 457; 1897 c. 354; Stats. 1898 s. 454] What branches; effect of certificate. Section 455. To entitle an applicant to a lim- ited state certificate the examiners shall be satisfied and report to the state superintendent that he possesses the requisite scholarship in all the branches of study required for a first grade county certificate and also in mental philosophy and English literature. To entitle him to an unlimited state certificate they shall be satisfied and report that he pos- sesses the requisite scholarship in all the branches above named and in such others as shall have been prescribed. He shall furnish to the examiners such evidence of good moral character, experience and success in teaching as they may require, and upon their recommendation the state superintendent shall issue to him such certificate as is awarded by their report. A limited state certificate shall qualify him to teach in any public school without further examination for five years from its date, unless sooner annulled, and an unlimited state certificate until annulled. [1868 c. 169. s. 3; 1873 c. 33 s. 1; R. S. 1S7S s. 455; Ann. Stats. 1889 s. 455; 1897 e. 354; Stats. 1898 s. 455] Record of examination. Section 456. The state superintendent shall record the date of each certificate and the name, age and residence of the person to whom issued ; and he shall preserve on file in his office all papers relating to the examination of appli- cants for state certificates. [1868 c. 169 s. 7; R. S. 1S7S s. 456; Ann. Stats. 1S89 s. 456; 1897 c. 354; Stats. 1898 s. 456] Revocation of certificate. Section 457. Any state certificate may be revoked by the state superintendent for incompetency or immoral conduct ; but before any such revo- cation the holder shall be served with a written statement of the charges against him and shall have an opportunitv for defense. [1868 c. 169 s. 4; R. S. 1378 s. 457; Ann. Stats. 1889 s. 457; 1897 c. 351; Slats. 1898 s. 457] Section 458. [Repealed by 1913 c. 772 s. 125] Teachers' state certificates of other states; acceptance in Wisconsin; special licenses. Section 458a. The holder of a teacher's state certificate granted by another state, which is equivalent to the Wisconsin unlimited state certificate, may receive from the state super- intendent, upon the recommendation of the Wisconsin state board of examiners, a Wis- 274 Chap. 27 s. 4586 j [The Common Schools. consin unlimited state certificate. The applicant shall furnish such evidence of learning and good moral character as the board may require, and also of two years' successful experience in teaching in the public schools of Wisconsin subsequent to the date of issu- ance of the foreign state certificate. The holder of such state certificate upon which a Wisconsin state certificate has not been issued in accordance with the provisions herein mentioned, may, upon the recommendation of the state board of examiners, be granted a special license by the state superintendent, said special license legally qualifying the holder to teach for two years in a public school in Wisconsin. [1880 c. 209 ; Ann. Stats. 1889 s. 458a; 1893 c. 156 s. 5; 1895 c. 243 s. 1; 1S97 c. 354 s. 458a sub. 1; Stats. 1898 s. 458a; 1907 c. 579 s. 1, 2] Normal graduates, kindergarten course; teaching licenses and certificates. Sec- tion 4586. The state superintendent shall issue to the holder of a diploma, granted by the board of regents of normal schools to any person who completed the kindergarten train- ing course established by said board in any of the state normal schools, a license entitling the holder to teach in any public kindergarten in this state for one year. Upon the presen- tation of satisfactory evidence of successful teaching for one year in any public kindergar- ten in this state such license may be renewed for one year- by the state superintendent. The holder of such a diploma may receive an unlimited state certificate, entitling him or her to teach in any public kindergarten in this state for life unless sooner revoked, upon the furnishing of evidence of good moral character, and two years' successful teaching after graduation, in a public kindergarten in the state of Wisconsin, together with the cer- tificate required in section 4586—2. [1907 c. 579; 1913 c. 514] Normal graduates, manual training and domestic science ; teaching licenses and cer- tificates. Section 4586 — 1. The state superintendent shall issue to the holder of a diploma granted by the board of regents of normal schools to any person who completes the training course for teachers of manual training or domestic science, established by said board in any of the Wisconsin state normal schools a license entitling the holder to teach manual training or domestic science for one year in any school forming a part of the public school system. Upon the presentation of satisfactory evidence of successful teach- ing for one year of manual training or domestic science in any school forming a part of the public school system such license may be renewed for one year by the state superin- tendent. The holder of such diploma may receive an unlimited state certificate entitling him to teach manual training or domestic science in any public school in this state for life, unless sooner revoked, upon furnishing evidence of good moral character, and two years' successful teaching of such branches, after graduation, in a public school in the state of Wisconsin, together with the certificate required in section 4586 — 2. [1907 c. 579 s. 2; 1913 c. 514] University graduates in pedagogy; teaching license. Section 4586 — 2. 1. The president of the University of Wisconsin shall issue to all graduates of the regular col- legiate courses of such university, a certified statement showing the name of the graduate, the date of graduation, the course from which graduated, and that said graduate has com- pleted the course of pedagogical instruction prescribed by the university for all persons who intend to teach. This certificate when presented to the state superintendent, shall entitle the holder thereof to-receive a license qualifying the holder to teach in any public school in the state of Wisconsin for one year from the date of issuance. Upon presenta- tion of satisfactory evidence of successful teaching for one year in the public schools of the state, such license may be renewed for one year by the state superintendent. Normal graduates; full course; teaching licenses. 2. The president of each state normal school shall issue to the graduates of the full course of the normal school, as well as to the persons completing the elementary course, a statement bearing even date with the diploma or certificate, setting forth the name of the person and the course from which graduated. This certificate when presented to the state superintendent, shall entitle the holder thereof to receive a license, qualifying the holder to teach in the public schools of Wisconsin for one year from date of issuance. Upon the presentation of satisfactory evidence of successful teaching for one year in the public schools of the state, such license may be renewed for one year by the state superintendent. University and normal graduates ; state certificates ; high school principalship. 3. The state superintendent, upon the presentation of a statement hereinbefore mentioned in this section, and satisfactory evidence of good moral character, and two years' successful teaching after graduation in the public schools of the state of Wisconsin, shall issue cer- tificates as follows: To any person who shall hold a university or normal school diploma, an unlimited state certificate; to any person who shall hold a normal school elemen-tary certificate, a limited state certificate, qualifying the holder to teach in a public school for a period not to exceed six years from the date of issuance of the normal school certificate. Neither a limited state certificate, nor a license to teach based upon the certificate from the 275 Chap. 27 s. 458c] [The Common Schools. elementary course of a normal school, shall qualify the holder as principal of a free high school having four years' course of study. [1907 c. 579 s. 2; 1013 c. 514] Diplomas of other universities, etc. Section 458c. The holder of a diploma granted by any incorporated college or university whose regular collegiate courses are fully and fairly equivalent to corresponding courses of the University of Wisconsin, or the holder of a diploma granted by a state normal school whose courses of study are fully and fairly equivalent to the courses of study in the Wisconsin normal schools, may present such diploma, together with evidence of the required standing of the college, university or nor- mal school granting the same, to the board of examiners. The applicant shall furnish therewith testimonials of good moral character and of two years' successful teaching in a public school after the date of said diploma. The holder of any such diploma recom- mended favorably by the board shall be entitled to receive an unlimited state certificate. The holder of a diploma granted upon the completion of a course of study accredited as herein provided, upon which a state certificate has not been issued, upon the recommenda- tion of the board of examiners made in pursuance of such examination as to learning, moral character and ability to teach as said board may require, may receive from the state superintendent a license qualifying the holder to teach in any public school in the state for one year from the date of issuance, upon the presentation of satisfactory evidence of suc- cessful teaching for one year in ttle public schools of the state. Such license may be re- newed for one year by the state superintendent. [18S0 c. 209; Ann. Stats. 1889 s. 458a; 1893 c. 156; 1895 c. 243; 1897 c. 354 s. 458a sub. 3; Stats. 1898 s. 45Sc; 1899 c. 237 s. 1; Supl. 1906 s. 458c; 1907 c. 118; 1913 c. 514] Section 458d. [Repealed by 1907 c. 579] Revocation of state certificate, etc. Section 45Se. Any state certificate or license, or the equivalent of them, may be revoked by the state superintendent for incompetency or immoral conduct; but before any such revocation the holder shall be served with a written statement of the charges against him and shall have an opportunitv for defense. [1895 e. 243 s. 5; 1897 c. 354 s. 458a sub. 5; Stats. 1898 s. 458e] \ Section 458/. [Repealed by 1911 c. 182] Sections 4oSg and 458ft. [Repealed by 1907 c. 579] Psychology and pedagogy, when required. Section 458/ta. After the first day of July, 1900, graduates of colleges and universities, in order that their diplomas may be- come an authorization to teach in the public schools of this state, as now provided by law, must present with them to the state superintendent of public instruction satisfactory evi- dence of having given to psychology and pedagogy at least as much study as is required, in this state, of candidates for a life certificate. [1899 c. 120 s. 1; Supl. 1906 s. 45Sha; 1907 c. 118] Diplomas, etc., to supervisors and teachers. Section 458i. The state superintendent is authorized and empowered to countersign diplomas and issue state certificates to per- sons who are engaged in supervising work in the public schools or teaching in colleges or normal schools, otherwise legally qualified under existing statutes or are recommended by the state board of examiners. [1905 c. 231 s. 1; Supl. 1906 s. 458i; 1907 e. 118] Special licenses. Section 458j. The state superintendent may issue a special li- cense good only until the next meeting of the state board of examiners in cases where the applicant gives satisfactory evidence that his qualifications and credentials shall meet the requirements of the board of examiners; said temporary license to be issued only in urgent cases and in order that the school board, or board of education may be legally au- thorized to pay the salary of said teacher from the funds of the district for services ren- dered. [1905 c. 231 s. 1; Supl. 1906 s. 458 j; 1907 c. 118] Special certificates. Section 4587v. The state superintendent may upon the recom- mendation of the state board of examiners, grant a special certificate legally qualifying the holder to teach such special branch or branches in the public schools as may be named on the face of the certificate. [1905 c. 231 s. 1; Supl. 1906 s. 458k; 1907 c. 118] Limited special certificates. Section 45SZ. Upon the recommendation of the state board of examiners an applicant may be granted a limited special certificate qualifying him to teach not more than one special branch in the public schools, said certificate being limited to one particular school or district to be named in the certificate, said certificate to be null and void in any other school or district. [1905 e. 231 s. 1; Supl. 1906 s 4581 • 1907 c. 118] Sei tion 458m. [Repealed by 1907 c. 579] Other diplomas; special license. Section 45Sw. The holder of a diploma granted by any manual training school or school of domestic science, upon the completion of a train- ing course for teachers in either subject full}' and fairly equivalent to the course of in- struction for teachers in the same subjects prescribed by the board of regents of normal 276 Chap. 27 s. 458c] [The Common Schools. schools, may present such diploma, together with the evidence of the required standing of the training school issuing such diploma, to the state board of examiners. The ap- plicant shall furnish therewith testimonials of good moral character and of two years' successful teaching of manual training or domestic science, as the case may be, in the public schools of the state after the date of such diploma. The holder of any such diploma, recommended favorably by the board, shall be entitled to receive a certificate issued by the state superintendent, qualifying the holder as a teacher of manual train- ing or of domestic science, until the same shall be annulled. The holder of a diploma granted upon the completion of a course of study, accredited as herein provided, upon which a state certificate has not been issued, upon the recommendation of the board of examiners made in pursuance of such examination as to learning, moral character and ability to teach as said board may require, may be given a special license by the state superintendent to teach manual training or domestic science as recommended by the board, for two years in the public schools of the state. [1903 c. 64 s. 2; Supl. 1906 s. 45Sn; 1907 c. 113] City superintendents' certificates. Section 45So. It shall be the duty of the city superintendent of schools, in those cities of the third and fourth class in which the office of city superintendent of schools has been created or may hereafter be created by the common council thereof under the provisions of section 925 — 23 of the statutes of 1898, to examine and license teachers, and under the direction of the board of education to supervise and manage the schools. [1901 c. 316 s. 1; Supl. 1906 s. 458o; 1907 c. 118] City superintendents' special certificates. Section 458p. Any city superintendent of schools may issue certificates to teachers of special branches, qualifying them to teach such branches in the schools under his supervision, after such examination as to their fitness to teach such branches as may be provided by the school board and ap- proved by the state superintendent. [1899 c. 148 s. 1; Supl. 1906 s. 458p; 1907 c. 118] Kindergarten training school diploma to entitle to state certificate, when. Section 458g. 1. The holder of a diploma granted by any kindergarten training school whose course of instruction is fully and fairly equivalent to the course of instruction in kin- dergarten training prescribed by the board of regents of normal schools in any of the state normal schools, may present such diploma, together with evidence of the required standing of the kindergarten training school issuing such diploma to the state board of examiners. 2. The applicant shall furnish therewith testimonials of good moral character and of two years' successful teaching in a kindergarten or primary grades in the public schools in Wisconsin after the date of such diploma. 3. The holder of any such diploma recommended favorably by the board shall be entitled to receive a certificate issued by the state superintendent qualifying the holder to teach in any public kindergarten or primary grade in the state, until the same shall be annulled. 4. The holder of a diploma granted upon the completion of a course of study ac- credited as herein provided, upon which a state certificate has not been issued, upon the recommendation of the board of examiners made in pursuance of such examination as to learning, moral character and ability to teach as said board may require, may be given a special license by the state superintendent to teach for one year in any kindergarten or in primary grades in the public schools of Wisconsin. [1901 c. 347 s. 1; 1903 c. 69 s. 1; Supl 1906 s. 458q; 1907 c. 118, 317; 1913 c. 514] Unlimited certificates. Section 458r. An unlimited state certificate qualifying the holder to teach in any public kindergarten in the state until annulled, shall be issued by the state superintendent to any person recommended for such certificate by the state board of examiners, after such examination as shall satisfy the examiners that the ap- plicant possesses the requisite scholarship in all the branches prescribed in the course of instruction for kindergarten training by the board of regents of normal schools for any of the state normal schools ; provided, further, that the applicant shall furnish to the examiners such evidence of good moral character, experience, and success in teach- ing as they may require. [1901 c. 347 ?. 2; Supl. 1906 s. 458r; 1907 c. 118] Three grades of kindergarten teachers established; examinations for; transfer. Section 458s. In addition to the foregoing there are hereby established three grades of certificates for kindergarten teachers, to be known as first, second, third. Every applicant for a kindergarten certificate shall be examined in the subjects hereinafter mentioned for the several grades respectively, as follows: For the third grade in orthoepy, orthography, reading, writing, arithmetic, English grammar, physiology and hygiene with special reference to the physiology and hygiene of childhood, drawing, music, juvenile literature, and theory and art of kindergarten teaching. For the second » 277 Chap. 27 s. 458ij [The Common Schools. grade, in all the foregoing, and also in general literature and the elements of botany. For the first grade, in all the foregoing, and also in the history of education as related to the development of the kindergarten, and in the elements of zoology. If found quali- fied, the applicant shall receive the certificate of appropriate grade. The third grade certificate shall entitle the holder to teach in any kindergarten for such period not more than one year, as may be specified therein, in any town or city in the superintendent district in which the applicant is examined, except that it may be limited by the county or city superintendent to one town or school therein. A second grade certificate shall entitle the holder to teach in any kindergarten in any town or city in such superintend- ent district, and be in force for two years from its date. A first grade certificate shall entitle the holder to teach in any kindergarten in any town or city in such superintend- ent district, and be in force for four years from its date; but the county or city super- intendent may limit the same to one year and remove the limitations upon satisfactory evidence that the holder has successfully taught a public kindergarten in this state for at least six months. If a person pass a satisfactory examination by any county or city superintendent and obtain a certificate of either grade, and propose to teach in another superintendent district, it shall be lawful for the superintendent holding the papers written at the examination for such certificate, upon the request of any county or city superintendent, to transfer such papers to him, and if found satisfactory, a certificate thereon, of the proper grade, to be conterminous with the original certificate, may be issued by him, to the same effect as though he had examined the applicant himself. [1901 c. 347 s. 3; Supl. 1906 s. 458s; 1907 c. 118] Legally qualified teacher must hold certificate. Section 458J. After July 1, 1902, no person shall be deemed a legally qualified kindergarten teacher in the state of Wis- consin who does not hold a certificate granted by the proper officer under the provisions of sections 458g, 458r and 458s; provided, that nothing herein shall operate to invali- date kindergarten certificates issued under the authority of the board of education of any city prior to the passage of this act; nor to affect the validity of kindergarten cer- tificates issued under the provisions of section 458<7 of statutes, and provided further, that the provisions of sections 458g, 458r 5nd 458s shall not apply to cities of the first class. [1901 c. 347 s. 4; Supl. 1906 s. 458t ; 1907 c. 118; 1911 c. 663 s. 25] School month; primary election days; attendance at teachers' meetings. Section 459. Twenty days of teaching shall constitute a school month unless it be otherwise specified in the contract, and all legal holidays, except the day of any primary election or any general election, occurring on school days shall be counted although no school be taught; but school taught on legal holidays shall not be counted for two school days, and no Saturday shall be counted. The board may give to any teacher employed, without deduction from his wages, the whole or any part of any time spent by him in attending the sessions of any institute held in the county embracing any part of the district, in attending a school board convention, or in attending the meeting of any teach- ers' association, upon such teacher furnishing to the clerk, to be filed by him, a certificate •f regular attendance on such institute, school board convention, or teachers' association, signed by the person conducting the institute or convention or by the secretary of the as- sociation. [1867 c. 30 s. 4; 1869 c. 151 s. 43; 1871 c. 168 s. 1; 1876 c. 39; R. S. 1878 s. 459; 1887 c. 440; Ann. Stats. 1889 s. 459; 1897 c. 354; Stats. 1898 s. 459; 1903 c. 326 s. 1; Supl. 1906 s. 459; 1907 c. 92, 118; 1913 c. 255] School register; teacher's report. Section 460. The teacher shall enter in the reg- ister furnished by the clerk the names, ages and studies of all scholars attending school, and daily their attendance and absence and such other facts as the county superintend- ent or state superintendent may require ; which register the teacher shall deliver to the clerk at the close of his service or whenever it may be required for the use of the board. The teacher shall make in writing and transmit to the board or to the county superin- tendent a report concerning any matter relating to his school in such form or manner as the board or superintendent may prescribe; and any teacher who shall wilfully neglect or refuse to make entries in the register as above required shall forfeit his wages for teaching during the time of such neglect or refusal. [1854 c. 80 s. 32; R. S. 1S58 c. 22 s. 33; 1863 c. 155 s. 45, 131; 1867 c. Ill s. 5; R. S. 1878 s. 460; Ann. Stats. 1889 s. 460; 1897 c. 354; Stats. 1898 s. 460] teachers' retirement fund. Election of board of trustees. Section 460 — 1. 1. There is created a teachers ' in- surance and retirement fund, which shall be managed by a board of trustees to be known as the board of trustees of the teachers' insurance and retirement fund. Such board 278 Chap. 27 s. 460 — 2] [The Common Schools. shall consist of five members. The state treasurer and the state superintendent of pub- lic instruction shall be ex officio members of said board ; three members, one of whom shall be a woman, shall be elected by the members of the teachers ' insurance and retire- ment fund at their annual meeting, as provided in subsection 2 of this section. One such elective member may be a retired member of the fund. No teacher shall be elected as a member of the board of trustees by the members of said fund, who is not a member of said fund at the time of election. The term of office of elective members of said board of trustees shall be three years, except as provided in subsection 3 of this section, and shall begin on the first day of January, next succeeding after such election takes place, provided that the elective members of the first board of trustees shall assume office immediately after their election. 2. At the time and place of meeting of the Wisconsin state teachers' association for the year 1911, those teachers described in and complying with section 460 — 8 shall be qualified to meet for the purpose of electing from such qualified teachers members of the board of trustees of the teachers' insurance and retirement fund, as provided in section 460 — 1. 3. The teachers qualified, as provided in section 460 — 8, shall at the annual meeting for 1911 elect as members of the board of trustees, as provided in section 460 — 1, one male teacher for a term of one year, one male teacher for a term of two years, and one female teacher for a term of three years ; and annually thereafter, at the time and place of meeting of the Wisconsin state teachers' association, the board of trustees shall call a meeting of the members of the fund for the purpose of electing members of the board of trustees, of making the annual report of said fund, and for the transaction of such other business as may pertain to the interests of the fund. 4. In case any vacancy occurs among the members of the board elected at the annual meeting of said members of the fund, said board shall fill said vacancy until the next annual meeting of the members of the fund, when said members at said annual meeting shall elect a trustee for the unexpired term. 5. In the interval of time between the passage of this act and until the elective mem- bers of the first board of trustees assume office, as provided in subsection 1 of this sec- tion, the state superintendent of public instruction and the state treasurer shall consti- tute a temporary board of trustees of the teachers' insurance and retirement fund. Said temporary board shall account for all its transactions pertaining to the fund in the same manner as the said board of trustees. [1911 c. 323; 1911 c. 664 s. 78] Organization of board; secretary. Section 460 — 2. Said board of trustees shall organize by the election of a president. The state treasurer shall be ex officio treasurer of said board, and shall receive and make payments from and account for said funds in the same manner as for other state funds. Said board may employ a secretary to be ehosen for such a term as shall be determined by said board. Said secretary shall per- form such duties in connection with the teachers' insurance and retirement fund as may be prescribed by the board. [1911 c. 323] Board meetings; rules. Section 460 — 3. Said board shall meet during the month of September of each year at its office at a time to be fixed by the board and at any other time on the call of the president or of any two members thereof. Said board may adopt rules for the government of its meetings and for membership in the fund, pay- ments thereto and therefrom, and for other matters which will be calculated to aid teachers in securing the benefit of the fund. [1911 c. 323] Traveling expenses of board members; salary of secretary; disbursements. Section 460 — 4. Members of said board shall receive no compensation except their necessary traveling expenses incurred in attending the - meetings, to be paid from the teachers' insurance and retirement fund upon the certificate of the president and secretary; but if the board shall elect one of its members secretary, such member shall receive com- pensation for services rendered as secretary. The secretary of said board shall receive a salary to be fixed by the board, at an amount not to exceed eighteen hundred dollars per annum. , The compensation of the secretary and any other necessary expenses incurred by said board in carrying out the provisions of sections 460 — 1 to 460 — 20, inclusive, shall be paid from the fund. [1911 c. 323; 1911 c. 664 s. 78; 1915 c. 332] Control and investment of fund. Section 460 — 5. Said board shall have charge of the fund and shall invest the same under the same conditions as the trust funds of the state may be invested. [1911 c. 323] Report of board. Section 460 — 6. Said board shall report annually as of the year ending the first day of September. A copy of said report shall be transmitted to the annual meeting of the members of the teachers' insurance and retirement fund and to 279 C hap. 27 s. 460 — 7] [The Common Schools. the state superintendent of public instruction. Said superintendent shall include a copy of said report in his biennial report to the governor. [1911 c. 323] Legal status of board; attorney-general to represent. Section 460 — 7. Said board shall not be a corporation, but may sue and be sued in the name of the board. All actions brought by or against the board shall be prosecuted or defended, as the case may be, by the attorney -general. [1911 c. 323} Assessments to create fund; elective participation. Section 460 — S. 1. Any person or officer authorized by law to pay the salaries of teachers — as defined in this act — shall retain on every pay day from the salary of each teacher the amounts herein provided. Each teacher shall be furnished a statement by such person or officer, showing the amount so deducted from his or her salary. 2. Every teacher shall be assessed upon his or her salary as teacher for a period of twenty-five years as follows : One per centum per annum, but not more than fifteen dol- lars per year, for each of the first ten years of service as teacher; and two per centum per annum, but not more than thirty dollars per year, for each successive year of service as teacher, until said teacher shall have had a total of twenty-five years of teaching serv- ice when said assessments shall cease. The total amount paid into said fund by each teacher shall be based upon said twenty-five years of service as teacher with assess- ments as provided in this subsection; provided tliat such total amount shall not be less than the full amount of the annuity to which such teacher shall be entitled for the first year. 3. In becoming a teacher in said public schools after September 1, 1911, he or she shall be conclusively deemed to undertake and agree to pay such assessments, and to !>ave such assessments deducted from his or her salary as herein provided. 4. Any person employed as teacher in said public schools, when sections 460 — 1 to 460 — 20, inclusive, take effect, may, at any time before September 1, 1912, elect to come within the provisions of sections 460 — l'to 460 — 20, inclusive, by notifying in writing the board of trustees of the teachers' insurance and retirement fund. 5. At the time of giving said notice to the board of trustees, as herein provided, such teacher shall notify the local school board or any other managing body in writing of his or her election to come within the provisions of this act; and shall authorize said school board, as a part of said notice, to deduct from each payment of salary due him or her a sum equal to said per centum of such payment as provided in subsection 2 of this section. [1911 c. 323; 1911 c. 664 s. 78; 1915 c. 495] Constitution of fund; reports of boards, superintendents and treasurers; transmis- sion of assessments to state treasurer. Section 460 — 9. 1. Each such school district board, each high school district beard, each town board of school directors, each board cf education, or other managing body, shall each year, between the twentieth and thirtieth days of June, forward to the treasurer of the town, village, or city in which the sehoolhouse of said teacher is located, a statement verified by the secretary or clerk thereof of the moneys so retained, in accordance with the provisions of section 460 — 8, together with said moneys so retained. 2. Said statement shall also include the following: Name and monthly salary of each of said teachers ; number of months of school taught by each teacher in said pub- lic schools of the district, village, or city over which said school board, or other man- aging body, has jurisdiction during the school year for which the statement is made; the number of months constituting a school year in such district, village, or city; the total salary of each teacher; the total amount withheld from the salary of each teacher, in accordance with the provisions of section 460 — 8 ; the total amount so withheld from the salaries of all of said teachers for the school year, next preceding; and the total number of years each teacher has taught in the public schools of the state. 3. Said school board shall at the same time send a copy of said statement to the superintendent of the county, district, or city in which said sehoolhouse is located. 4. If no teacher in such city, village, town, or school district comes under the pro- visions of section 460 — 8, the school board or other managing body of such city,' village, town, or school district shall state this fact under the oath of the secretary or clerk thereof to the treasurer of said city, village, or town; and shall at the same time for- ward a copy of said statement to the superintendent of said county, district, or city. 5. Each county, district, and city superintendent shall each year, between the thir- tieth day of June and the tenth day of July, report under oath to the board of trustees of the teachers' insurance and retirement fund. Said report shall contain an itemized account of the statements received by him from the school boards and a statement of the total amount withheld from the salaries of all of said teachers in said report. 280 Chap. 27 s. 4G0— 12] [The Common- Schools. 6. The board of trustees of the teachers' insurance and retirement fund; each county, district, and city superintendent; each school district board; each high school district board; each town board of education, or other managing body, shall keep com- plete records of the data contained in said reports and of the statements hereinbefore mentioned. 7. Each town, village, and city treasurer shall, between the thirtieth day of June and the tenth day of July of each year, certify under oath to the county treasurer the amount of moneys so received from such school board or other managing body, and shall forward to the county treasurer with such sworn statement the moneys so received and certified. 8. Between the fifteenth day of July and the first day of August of each year, the county treasurer shall transmit to the state treasurer all moneys which he has received in accordance with the provisions of sections 4G0 — 1 to 460 — 20, inclusive; and shall certify under oath to the board of trustees of the teachers' insurance and retirement fund the amount so received and transmitted to the state treasurer, as herein provided. 9. [Stats. 1913; repealed by 1915 c. 609 s. 17] 9. No city, village, town, or school district shall share in any of the seven-tenths mill-tax apportionment for any year, unless it has made the report as herein provided and paid over to the state treasurer for the teachers' insurance and retirement fund such per centum, as provided in subsection 2 of section 460 — 8, of the total sum paid in wages to such teachers as come under the provisions of sections - 460 — 1 to 460 — 20, inclu- sive. [1911 e. 323; 1911 e. 664 s. 78; 1915 c. 495 s. 2; 1915 c. 609 s. 17, 18] Sections 460—10 and 460—11. [Repealed by 1915 c. 609 s. 17] Participation by teachers from schools not included. Section- 460 — 12. Any teacher coming from schools not included under the provisions of sections 460 — 1 to 460 — 20, inclusive, shall pay assessments for said years of service in such schools, as provided in section 460 — 13, based upon his or her first annual salary in said public schools of the state, together with the regular assessments as provided in subsection 2 of section 460 — 8, before receiving any retirement annuity. [1911 c. 323; 1911 c. 664 s. 78] Conditions of retirement; application for. Section 460 — 13. Any teacher who may be teaching in said public schools and who has complied with the provisions of sections 460 — 1 to 460 — 20, inclusive, may retire and receive the annuity provided for in the following cases : (1) After a period or periods aggregating twent3 r -five years of service as teacher, of which eighteen years must have been spent in the public schools of this state, pro- vided that payments by said teacher to the fund shall have amounted to a sum as pro- vided in section 460 — 8. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the deficiency before receiving said annuity. (2) After eighteen years of service as teacher in the public schools of the state, when said teacher suffers from a permanent mental or physical disability, to be deter- mined by said board after an examination by two physicians appointed by said board, provided that payments by said teacher to the fund shall have amounted to a sum as provided in section 460 — 8. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the deficiency before receiving the annuity. The examination fees of such physician shall be paid by said applicant. (3) In computing the terms of service under subsections 1 and 2 of this section, a year shall be a legal school year at the time and place where said service was ren- dered, except that where the service was rendered in schools not included within the provisions of sections 460 — 1 to 460 — 20, inclusive, a time less than a legal school year in this state shall not be included as a year, but only as such proportion of a year as the number of teaching weeks in each such year bears to the number of weeks required at the time to constitute a legal school year in this state. (4) Any person who has complied with the provisions of sections 460 — 1 to 460 — 20, inclusive, and desires to retire from active service in said public schools shall apply in writing to the board of trustees of the teachers' insurance and retirement fund. [1911 c. 323; 1911 c. 664 s. 78] Annuities; refund of assessments; quarterly payments. Section 460 — 14. 1. Each teacher retiring from the service of said public schools under the provisions of subsec- tions 1 and 2 of section 460 — 13 shall annually and for life be entitled to receive as annuity twelve dollars and fifty cents for each year of service as teacher ; provided that said annuity shall not exceed four hundred and fifty dollars in any one year, subject, however, to all the provisions of sections 460 — 1 to 460 — 20, inclusive. 281 Chap. 27 s. 460—15] [The Common Schools. 2. The board of trustees may ratably reduce the annuities provided in sections 460 — 1 to 460 — 20, inclusive, whenever, in the judgment of the board, the condition of the fund shall require such reduction. 3. Any teacher who shall cease to teach in said public schools before receiving any benefit or annuity from the fund, shall, if application be made -in writing to the board of trustees within six months after the date of his or her resignation, be entitled to the return of one-half of the amount, without interest, which shall have been paid into the fund by such teacher. If such teacher should again thereafter teach in said public schools, he or she shall, within one year from the date of his or her return to the service in said public schools, refund to said fund the amount so returned to such teacher, to- gether with simple interest on said amount (but not to exceed four per centum per annum) for the time such amount was withdrawn from the fund. 4. The state treasurer shall pay said annuities quarterly in September, December, March and June of each year, upon the warrants of the secretary of state, issued upon certificates of the president and secretary of said board. No payments shall be made prior to September, 1912. 5. Payments from the fund shall be made from the income thereof and in addition thereto, when necessary, from the principal of moneys received under sections 460 — 8 and 460—9, and under the state tax provided for in section 172—73. [1911 c. 323; 1911 c. 664 s. 78; 1915 c. 609 s. 16] Leave of absence for one year allowed. Section 4G0 — 15. One year's leave or leaves of absence granted by the proper authorities of any of said public schools to any teacher under the provisions of sections 460 — 1 to 460 — 20, inclusive, shall be computed as a part of said twenty-five years of service; provided, that the payments to said fund shall be continued during said leave of absence, and shall equal the assessment paid by such teacher for the year next preceding the period or periods of absence respectively. Not more than one full school year's leave or leaves of absence in the aggregate shall be computed as a part of said twenty-five years of service of said teacher ; and in case of absence of less than a school year, only the time covered by such absence shall be so computed. [1911 c. 323; 1911 c. 664 s. 78] Resumption of active duty and suspension of annuity. Section 460 — 16. Any per- son retiring under sections 460 — 1 to 460 — 20, inclusive, may again enter upon the work of teaching in said public schools; during said term of teaching the annuity paid to such person shall cease. Said annuity shall again be paid to said person upon his or her further retirement. [1911 c. 323; 1911 c. 664 s. 78] Annuities are exempt and inalienable. Section 460 — 17. The annuities so created shall not be subject to attachment, garnishment, execution, or other seizure on process, nor shali they be subject to sale, assignment, pledge, mortgage, or other alienation. [1911 c. 323] Office of board in capitol. Section 460 — 18. A suitable office in the capitol with suitable furniture and office supplies shall be furnished the board of trustees of the teachers' insurance and retirement fund. [1911 c. 323] Definition of "teacher." Section 460 — i9. The term "teacher" as used in sec- tions 460 — 1 to 460 — 20, inclusive, shall include all persons legally employed in teaching in the public schools of the state of Wisconsin outside of cities of the first class, and all persons legally or officially employed or engaged in superintending, supervising or in- specting such public schools. [1911 c. 323; 1911 c. 664 s. 78; 1915 c. 495 s. 3; 1915 c. 604 s. 13] Cities of first class excepted. Section 460—20. Sections 460—1 to 460 — 20, in- clusive, shall not apply to cities of the first class. [1911 c. 323; 1911 c. 664 s. 78] county superintendent. His duties. Section 461. It shall be the duty of every county superintendent. (1) To examine and license teachers in his district and to annul certificates as pro- vided by law. (2) To visit and examine each district and all the schools in his district at least once in each year and as much oftener as may be necessary; to inquire into all matters relat- ing to the management, course of study, mode of instruction, textbooks and discipline of such schools and the condition of the schoolhouse, sites and outbuildings and appendages and of the district generally; to advise with and counsel the district boards in relation to their duties, and particularly in relation to the construction, warming and ventilation of schoolhouses and the improving and adorning of the school grounds, and to recommend 282 Chap. 27 s. 46] a} [The Common Schools.' to the school officers and teachers the proper studies, discipline and management of schools. (3) To direct, after proper examination, the district board to make any alteration and repairs which shall, in his opinion, be necessary to the health, comfort and progress of the pupils, and to abate any nuisance in or upon the premises, provided the same can be done at an expense not exceeding twenty-five dollars. (4) To make an order in concurrence with the chairman of the town board in which any schoolhouse is situated which they shall deem unfit for school purposes and not wortli repairing, declaring such fact and reciting the reason therefor. They shall deliver such order to the clerk of the district and transmit forthwith a copy thereof to the clerk of the town and also to the state superintendent. Such order shall take effect from its date unless within thirty days after it is delivered to the district clerk the same shall be re- versed by the state superintendent for cause shown ; and from the time said order shall take effect the district shall not share in any apportionment of the school fund income for any school kept in any building so declared to be unfit for school purposes. (5) To report annually to the board of supervisors of his county the condition ©f the schools under his supervision. (6) To receive the reports of the district clerks required to be made by law and to transmit abstracts of the same to the state superintendent; and to report on or before the fifteenth day of September to each town, village or city clerk in the territorj' under his jurisdiction, the number of persons of school age reported to him by the district clerks as residing in the several districts or parts of districts of the several towns, villages or cities in his county or superintendent district, on the last day of June in each year; and in case there are any parts of joint districts lying in his county or district the schoolhouses of which are situated in other counties, he shall report to the county superintendent of the county in which the schoolhouses of said joint districts are located the names, sex and number of persons of school age residing in the parts of such joint districts as lie in his county or superintendent district, and from time to time such other facts relating to edu- cation in his district as the state superintendent shall require. (7) To organize and conduct at least one institute for the instruction of teachers in each year, and to advise in all questions arising under the operations of the school laws in his district. (8) To hold semiannual public examinations for county teachers' certificates at two or more convenient places within the county, and to give due notice of the time and places at which such examinations will be held by a publication in newspapers having a circulation within the county, or by printed notice to teachers and clerks of school boards within the county. Whenever, for any cause satisfactory to the county superintendent, it is neces- sary to give a private examination to any person desiring a certificate, if the person be found qualified, according to law, he may issue a certificate of the proper grade, which shall remain in force until the next regular public examination in such inspection district. (9) The county or district superintendent of schools shall annually call and hold at least one school board convention for his superintendent district, at the county seat or some other convenient place, for the purpose of consultation, advice, and instruction upon matters pertaining to the management of the schools. The county superintendent may determine the number of days each convention shall be in session, provided no convention shall be held for more than two consecutive days. Each district clerk shall, and the director and treasurer may, attend su,sh convention. Each member present shall be allowed two dollars for each day's attendance at the convention, provided his certifi- cate of attendance shall show that he was present at each session of the convention, and mileage at the rate of three cents per mile each way, going and returning to and from said meeting, said sum to be paid from any moneys in the school district treasury not otherwise appropriated. Such per diem and mileage shall be in full payment of all expenses incurred by each member while in attendance at the convention. The county superintendent shall keep a record of the attendance of all members at each morning, afternoon or evening session of the convention during the days the convention shall be in session, and shall issue to each member in attendance a certificate setting forth the actual attendance of each of said members, which shall be filed with the second district clerk and serve as a basis or evidence for drawing the necessary warrant upon the district treasury. [1863 c. 155 s. 92-94; 1867 c. Ill s. 12; E. S. 1878 s. 461; 1880 c. 155; 1881 c. 272; Ann. Stats. 1839 s. 461; 1897 c. 354; Stats. 1898 s. 461; 1901 c. 290 s. 1; 1905 c. 105 s. 1; Supl. 1906 s. 461; 1907 c. 118; 1909 c. 222; 1913 c. 301, 448] Attendance on convention. Section 461a. The county superintendent shall attend annually at least one convention of county superintendents called and held by the state superintendent for the purpose of consultation, advice and instruction upon matters per- 283 'Chap. 27 s. 461c J [The Common Schools. raining to supervision and management of public schools. His necessary actual expenses for traveling from his residence to the place of holding the nearest and most accessible convention and returning thereto and for board and lodging while in actual attendance thereon shall be paid by the county, and bills for such expenses shall be audited and allowed by the several county boards upon the presentation of the same with the certifi- cate of the state superintendent attached thereto showing that the claimant attended such convention for the number of days specified in the bill; provided, not more than one such account shall be paid in each year. [1885 c. 65 s. 2, 3; Ann. Stats. 1889 s. 461a; 1897 c. 354; Stats. 1898 s. 461a] Section 461b. [Repealed by 1915 c. 531] Residence and office. Section 461c. When a county seat is located in an independ- ent city having a separate superintendent of schools or a county shall be divided into two superintendent districts, the county superintendent may reside in such county seat and keep an office in the public building or other place provided therefor by the county. [1887 c. 80; Ann. Stats. 1889 s. 461c; 1897 c. 354; Stats. 1S98 s. 461c] Eligibility. Section 461cc. A person shall not be ineligible to the office of county superintendent of schools on account of residence in cities of the third and fourth class within the territorial limits of any such district. [1905 c. 46 s. 1; Supl. 1906 s. 461cc; 1907 c. 118] Section 46M [Repealed by 1915 c. 531] Superintendent's report. Section 461c. The county superintendent shall annually make and file with the county clerk a statement, verified by his affidavit, giving the names of all persons examined by him since the beginning of his term or since the date of his last statement, together with the dates when such persons were examined. He shall also embody in such statement the- names of all persons to whom certificates have been issued upon papers written in another superintendent's district and the dates when such certificates were issued, and also the names of all graduates of high schools whose diplo- mas he has countersigned, together with the dates of countersigning. At the expiration of his term of office he shall file with the county clerk a similar sworn statement, covering the time from the close of his last regular series of examinations to the close of his term, and shall embody in such statement a summary, giving the number of persons in each of the three classes herein named and of all the persons so reported by him to the county clerk during his term of office. [1895 c. 331 s. 5; 1897 c. 354 s. 461e sub. 5; Stats. 1898 s. 461g; 1905 c. 52] Institute instructors. Section 461/. No money shall be paid for services rendered as an instructor in any institute to any person unless he holds a certificate signed by the state superintendent certifying that the committee on institutes of the board of regents of normal schools approves of said person as a competent institute instructor. Nor shall any person be employed by any county superintendent as institute conductor or lecturer who is engaged in publishing textbooks or dealing in school supplies, or who is an agent or employe of any individual or company thus engaged, or who is proprietor or manager of" or in any way pecuniarily interested in any teachers' employment agency or bureau ; nor shall the committee on teachers' institutes of the board of regents of normal schools approve any such person for service in institutes provided for in section 461/, nor shall any such person be employed as instructor or lecturer in any institute supported in whole or in part by the state. [1897 c. 354 s. 461e sub. 4, 6; Stats. 1898 s. 4611; 1905 c. 52] Superintendent's duty as to deaf and blind children. Section 461^. It shall be the duty of each county and city superintendent of schools to send to the superintendent of the state school for the deaf at Delavan and to the superintendent of the state school for the blind at Janesville the address of parents with the name and age of each deaf or blind child known to be in his county or city, and to inform parents, guardians and custodians of deaf mutes and blind children in his county or city respecting the several schools for deaf mutes and the blind in the state and the conditions of admission to them; and for this purpose the superintendents of such institutions shall provide each such superintendent with sufficient printed information and with the names and residences of all deaf mutes and blind children known to be in his county or city. And each such superintendent with sufficient printed information and with the names and residences of the city board of education a statement of the number of deaf mutes and of blind chil- dren of school age in such county or city then receiving an education, or the number of each not receiving an education, and of the number of personal visits he has made during the year upon the parents, guardians or custodians of such children to induce them to give such children a proper education. [1891 c. 331 s. 3; 1S97 c. 354 s. 461f; Stats. 1S98 s. 461k, 572, 577, 4972 sub. 14; 1905 c. 52] Section 4617i. [Repealed by 1913 c. 773 s. 21] Sections 461i to 46K-, inclusive. [ReiJealed by 1905 c. 52] 284 Chap. 27 s. 461Z] [The Common Schools. Examinations for superintendent's certificates. Section 461Z. The board of exam- iners for state certificates shall, at the time of holding the regular examinations provided for by law, examine all applicants for the county superintendent's certificate herein pro- vided for, upon the branches upon which examination is now required for a first grade county certificate, and also upon school law and the organization, management and super- vision of district schools. Such board shall, in addition to the examination provided for by law, hold in the month of July in each year three such examinations simultaneously at three different points in the state, to be determined by the state superintendent, which shall be chosen with reference to the accommodation of applicants in different parts of the state. Each of the three examinations shall be held under the supervision of a mem- ber of the board of examiners, but the scope and character of the examination shall be previously determined by the board of examiners and the state superintendent. Printed questions shall be prepared on each subject upon which the applicant is required to be examined, and the board of examiners shall examine the papers written by appli- cants and file all papers so written in the office of the state superintendent. All persons passing such examination to the satisfaction of such board, and who shall furnish satis- factory testimonials of moral character to the board, shall, upon its recommendation, receive from the state superintendent the county superintendent's certificate, which, together with the eight months' experience in teaching in the public schools provided for *in section 702« ; shall constitute a legal qualification to hold the office of county superin- tendent of schools. It shall also legally qualify the holder to teach in any public school in the state for which a first grade county certificate is a legal qualification. Such certifi- cate shall remain in force until revoked by the state superintendent according to law. The provisions of law for payment of expenses and per diem of members of the board of examiners while conducting examinations for state certificates shall extend to the ex- ' aminations herein provided for. [1SD5 c. 333 s. 2, 4, 6; 1897 e. 351 s. 461g sub. 2-4, 6; Stats. 1898 s. 4611] County institute fund. Section 461to. The teachers' county institute appropriation shall be used under the direction of the county or district superintendent in defraying the necessary expenses of conducting annually one or more teachers' institutes for the instruc- tion of the teachers of his county or district in school management, in methods of teaching, and in the branches taught in the common schools, and in compensation for lectures at such institutes when said lectures are given by other than the conductors or the county or dis- trict superintendent. [1905 c. 476; Supl 1906 s. 461m; 1907 c. 118; 1913 c. 772 s. 123] Institute conductors' certificates. Section 461w. No money shall be paid by the county or district superintendent of schools for the services of any instructor or lecturer or to any person from the appropriation for county institutes, unless said person is the holder of a certificate signed by the state superintendent certifying that the committee on institutes of the board of regents of normal schools approve of such person as a competent institute conductor. [1905 c. 476 s. 2; Supl. 1906 s. 461n; 1907 e. 118; 1913 c. 772 s. 123] Distribution of fund. Section 461o. The appropriation referred to in section 46] m shall be distributed among the counties of the state in just proportion to the number of teachers actually required and employed in the territory under the supervision of the county or district superintendent in giving instruction in the schools of said county or su- perintendent district for a term of not less than seven months during each year, unless fail- ure to maintain such school or schools for such term shall have been caused by the destruc- tion of the sehoolhouse or by the order of the school district board, or the local or state board of health, on account of the pi-evalence of a contagious disease. [1905 c. 476 s. 3; Supl, 1906 s. 461o; 1907 c. 118; 1913 c. 772 s. 123] Statement of number of teachers ; county apportionment. Section 461^. The county or district superintendent of schools shall between the first and tenth days of July in each year make a statement upon oath to the state superintendent, giving the exact number of teachers in all the public schools of his district when they are all in session. When the sworn statements from all the county or superintendent districts have been received it shall be the duty of the state superintendent to apportion the appropriation mentioned in sec- tion 461m among the different counties of the state in proportion to the number of legally qualified teachers actually engaged in teaching under the provisions and restrictions of this chapter, and certify said sum to the secretary of state, who shall thereupon draw his orders upon the state treasury in favor of the different county or district superintendents for the sum so certified. [1905 c. 476 s. 4; Supl. 1906 s. 461p; 1907 c. 118; 1913 c. 772 s. 123] Account of expenditures. Section 461g. The county or district superintendent shall keep an itemized account of all the expenditures made from the appropriation in his super- 285 Chap. 27 s. 461s] [The Common Schools. intendent district. Said account to accompany the statement provided for in section 461p. [1905 c. 476 s. 5; Supl 1906 s. 461q; 1907 c. 118; 1911 c. 663 s. 26; 1913 e. 772 s. 123] Section 461r. [Repealed by 1915 c. 531] "Schools" defined. Section 461s. The singular form of the word "schools" as used in section 461r shall relate to a public school only and shall be construed to be a col- lective body of pupils assembled in a room which is wholly or principally under the con- trol, management, direction and instruction of a legally qualified teacher who is made wholly or chiefly responsible for the control, management, direction and instruction of such pupils and whose duty it is to keep a complete and special register for such room or department. [1909 c. 256] REPORTS. Report of district clerk. Section 462. It shall be the duty of the district clerk, between the tenth and twenty-fifth days of July in each year, to make and transmit to the county or city superintendent, a written report bearing date as of the thirtieth day of June, of such year, signed by him and verified by his affidavit, showing: First. The number, names and ages of children, male and female designated sepa- rately, over the -age of four and under the age of twenty years residing in the district, and the names of their parents, guardians or other persons with whom such children re-, sided, respectively, on the last day of June preceding. But no such children residing in, held or cared for at any charitable or penal institution of this state shall be included in such enumeration or report; and whenever the state superintendent shall receive informa- tion that any such children have been enumerated in the school census of any school dis- trict included in the reports made to him, on the basis of which apportionment of money from the school fund income is made, he may require from the district clerk or the secre- tary of the board of education of said district a verified statement of the whole number of children of school age residing in the district not excluded by the provisions of this sec- tion, in such form and manner as the said superintendent may prescribe. Unless the cer- tificate herein provided for shall be made no money shall be apportioned for the benefit of said school district. Second. The whole number of children, males and females designated separately, be- tween the ages of four and twenty years taught in the district school during the year for which such report is made by teachers duly qualified. Third. The number attending school during the year under the age of four and the number over the age of twenty years. Fourth. The whole time, in clays, any common school has been taught in the district, including holidays, and the whole number of days such school has been taught by teach- ers qualified according to law, including holidays, and the days the teachers may have- attended an institute during the year while the school was in session for which no deduc- tion in wages was made by the district board. Fifth. The names of all teachers employed during the year, the number of days taught by each, including holidays, and the monthly wages paid to each, and the time allowed any teacher for attendance on any institute for which no wages were deducted. Sixth. The amount of money received from the town treasurer during the year, desig- nating separately the amount received from apportionment of the school fund income, the amount received from tax levied by county board of supervisors, the amount re- ceived from tax voted by the district, and the amount received from all other sources dur- ing the year, and the manner in which the same has been expended, showing separately the expenditure of school money received from the state. Seventh. Such other facts and statistics in relation to the schools, public or private, in such district as the state superintendent may from time to time require. The clerk of each joint district shall report to the county or city superintendent, as the case may be, the num- ber of children residing in each part of the several towns, villages or cities embraced in such joint districts. He shall also report the amount of the indebtedness of the district. Upon filing with the county superintendent within the time set by law, a complete and sat- isfactory annual report setting forth all the facts required by law to be reported to the county or city superintendent, and such other information as may be called for by either t he county or city superintendent, the school district clerk in a school district maintaining one or more schools in one or more separate school buildings and not containing an incor- porated village or city, and having a sehool census of one hundred persons or less shall be paid from any moneys in the general fund of the school district treasury of which he is the clerk, the sum of ten dollars for each one-room school maintained by the district ; provided, that such schools are more than a mile and a half apart, the distance to be measured by the nearest traveled highway. In a school district maintaining one or more separate schools in 286 Chap. 27 s. 462«] [The Common Schools. separate buildings and not containing an incorporated village or city and having a school census of more than one hundred persons and less than two hundred persons, twenty dollars for the first school and an additional ten dollars for each separate school maintained in a separate building by the district, provided, that such schools are more than a mile and a half apart, the distance to be measured by the nearest traveled highway. In a school district maintaining one or more separate schools in separate buildings and not containing an incor- porated village or city and having a school census of more than two hundred persons and less than three hundred persons, thirty dollars for the first school and an additional ten dol- lars for each separate school maintained in a separate building by the district; provided, that such schools are more than a mile and a half apart, the distance to be measured by the nearest traveled highway ; and in school districts having a school census of more than three hundred persons of school age, or containing an incorporated village or city, such sum as the body electing the school board of such school district may direct ; provided, such school clerk shall file with the district treasurer a certificate signed by the county or city super- intendent of schools setting forth that the school census for the year was properly taken, and that all reports required by law to be made by school district clerks have been filed and approved. [1863 c. 155 s. 43, 44; 1867 c. 30, 111 s. 3, 4; 1869 e. 151 s. 43; 1871 c. 101 s. 1; 1871 c. 169 s. 2; 1878 c. 172, 178; R. S. 1878 s. 462; 1879 c. 107; 1882 c. 72 s. 2; 1883 c. 298 s. 2; 1889 c. 155, 370; Ann. Stats. 1889 s. 462; 1897 c. 354; Stats. 1898 s. 462; 1913 c. 448, 765] School district clerks; annual reports; meeting to perfect. Section 462a. In addi- tion to the duties of the clerks of the several school districts of the state relating to taking the census of the school children as now provided by law, said clerks shall also report the names of the children in their respective districts and the age of each of them over the age of four and under the age of twenty years. School district clerks shall also meet with the town clerk of the town in which the schoolhouses in their respective districts are located at a time and place specified in a notice given by the town clerk, for the purpose of perfecting the annual school district reports. Such clerks shall also report the amount of the indebtedness of their respective districts. [1887 c. 95; Ann. Stats. 18S9 s. 462a; 1897 c. 354; Stats. 1S98 s. 462a; 1907 c. 441] Town clerk's school report; district superintendent to have two copies. Section 463. Each town clerk shall, on or before the first day of August in §ach year, make and trans- mit to the county or district superintendent of the county or district in which his town is situated two copies of a report, stating: (1) The whole number of school districts separately set off within the town, and the number of parts of joint districts in which the schoolhouses belonging thereto are located in his town. [1854 c. 80 s. 44; R. S. 1858 c. 23 s. 46; 1863 c. 153 s. 57; R. S. 1878 s. 463; 1882 c 72 s. 2; 1883 c. 293 s. 3; 18S9 c 156; Ann. Stats. 1889 s. 463; 1897 c. 354; Stats. 189S s. 463; 1907 c. 185; 1913 c. 448] Superintendent's report. Section 464. 1. Each county superintendent shall, on or before the fifteenth day of September in each year, make and transmit to the state su- perintendent a report in writing, setting forth the whole number of districts, the school- houses of which are in his county or superintendent district, distinguishing those from which the required reports have been made to him by the district -clerks, and containing an abstract of their reports, and also embracing an abstract of the annual report of the secretary of each free high school in such district, and such other facts and statistics as may be required by the state superintendent. 2. Each county superintendent shall also, within the time above mentioned, make and deliver to the county clerk and to the county treasurer a written statement of the whole number of children in each town, village and city under his supervision over the age of four and under the age of twenty years returned from the districts which have maintained schools for eight or more months during the past year as appears from the reports of dis- trict clerks. It shall be the duty of the county superintendent, on or before the tenth day of June in each year, to send to eaeh school district clerk in his district the necessary blanks upon which the school census and other facts, as may be required in section 462, may be reported. It shall be the duty of the state superintendent, on or before the first day of June in each year, to furnish each county and city superintendent with the neces- sary blanks upon which the reports called for in section 462 may be made by the several school district clerks in the several counties of the state. 3. It shall be the duty of the state superintendent, on receipt of a satisfactory annual report within the time specified by law, to issue to each county or district superintendent a certificate setting forth the fact that the annual report required in this section has been made, filed and approved within the time specified by law. 287 Ciiap. 27 s. 465] [The Common Schools. 4. It shall be the duty of the county clerk, when presented with the certificate author- ized in subsection 3, immediately, without action of the county board of supervisors, to draw an order on the county treasurer in favor of the county* superintendent for twenty- five dollars in county or superintendent districts containing fifty or less school districts; fifty dollars in superintendent districts containing more than fifty and less than one hun- dred school districts; seventy-five dollars in superintendent districts containing more than one hundred and less than one hundred and fifty school districts, and one hundred dollars in superintendent districts containing more than one hundred and fifty school districts. It shall be the duty of the county ti'easurer to pay such amounts as may be certified by the county clerk from any money in the general fund of the county not otherwise appropri- ated. [1854 c. 80 s. 72, 73; E. S. 1858 c, 23 s. 74, 75; 1863 c. 155 s. 98, 99; 1868 c. 108 s. 3; E. S. 1878 s. 464; 1882 c. 72 s. 3; 1883 c. 298 s. 4; 1889 c. 154; Ann. Stats. 1889 s. 464; 1897 c. 354; Stats. 1898 s. 464; 1913 c. 448] Reports from cities and villages. Section 465. In all cities having a city super- intendent of schools and which are not under the jurisdiction of a county superintendent, such superintendent of schools shall make the annual report required by section 464 di- rectly to the state superintendent. [1863 c. 62 s. 9; 1863 c. 155 s. 139; 1870 c. 28 s. 1, 2; E. S. 1878 s. 465; Ann. Stats. 1889 s. 465; 1897 c. 354; Stats. 1898 s. 465; 1913 c. 448] Blanks and amendments to laws. Section 466. The state superintendent shall, on or before the first day of June in each year, furnish to each clerk, superintendent or other officer by whom a report should be made, blank forms upon which such officers shall make their annual reports; and whenever any amendments shall be made to the provisions of this chapter he shall furnish a copy of such amendments to every school district in the state. [1863 c. 155 s. 141, 142; 1870 c. 128 s. 3; E. S. 1878 s. 466; Ann. Stats. 1889 s. 466; 1897 c. 354; Stats. 1898 s. 466] duties of town officers as to public instruction. Clerk's duties. Section 467. It shall be the duty of the town clerk: (1) To report to the county superintendent within ten days after his election or ap- pointment his name and post-office address, and likewise the- name and post-office address of each district clerk within ten days after the same are filed in his office., (la) and (2). [Eepealed by 1913 c. 448] (3) To record such description of school districts, and such orders concerning the organization, alteration or dissolution thereof as shall be made by the town board. (4) To make and keep in his office a map of the town, showing the exact boundaries of all the school districts therein as appear from the records on file, and when a new dis- trict is formed to make and furnish a map thereof to the district clerk. "(5) To apportion the school money collected by the town and that received from the state for the several school districts of the town on the third Monday of March each year, or as soon as the same shall be collected or received by the town treasurer, to the several districts and parts of districts within the town as provided in these statutes. [1854 c. 80 s. 43; E. S. 1858 c. 23 s. 45; 1863 c. 62 s. 6; 1863 c. 155 s. 58; E. S. 1878 s. 467; Ann. Stats. 1889 s. 467; 1397 c. 354; Stats. 1898 s. 467; 1907 c. 322; 1913 c. 448] Treasurer's duties. Section 468. It shall be the duty of the town treasurer: (1) To apply for and receive from the county treasurer all moneys apportioned for the use of common schools in his town and to pay the same, together with all moneys col- lected in the town for the support of the schools, to the treasurers of the districts entitled to receive them upon the order or apportionment of the town clerk. (2) To pay to the district treasurer on demand all school district taxes raised in each district and collected by him, and the amount of all school district taxes returned to the county treasurer of his county as delinquent, whenever the same shall have been paid to him by said county treasurer or whenever he shall receive credit from the county treasurer for such delinquent tax or any part thereof on account of any demand or claim due from such town to such county. (3) On or before the second Monday of March in each year to certify to the town elerk the amount of school money in his hands to be apportioned by said clerk, and imme- diately upon the receipt of any money from the school fund income to certify the same to the said clerk for apportionment. (4) On the second Monday of June in each year, to make and forward to the clerk of each school district, in whole or in part in his tow«, a certified statement of the amount of money paid by the town treasurer during the year next preceding to such district treasurer, specifying the date and amount of and the account upon which each such pay- ment was made. 288 Chap. 27 s. 469] [The Common Schools. (5) If the county treasurer shall neglect or refuse to pay over the school money which by law should be paid to the town treasurer, he shall commence and prosecute an action on the official bond of such county treasurer for the recovery of such money. [1854 c. 80 s. 43; R. S. 1858 c.-23 s. 36, 45, 95; 1863 c. 155 s. 56, 133; 1874 c. 46; R. S. 1878 s. 468; Ann, Stats. 1889 s. 468; 1897 c. 354; Stats. 1898 s. 46 S; 1901 c. 119 s. 1; Supl. 1906 s. 468/1907 c, 118] ASSESSMENT AND COLLECTION OF DISTRICT TAXES. Assessment. Section 469. All school district taxes, unless otherwise specially pro- vided by law, shall be assessed on the same kinds of property as taxes for town and county purposes; and all personal property which, on account of its location or the resi- dence of its owner, is taxable in the town shall, if such locality or residence be in the school district, be likewise taxable for school district purposes. [1863 c. 155 s. 77; R. S. 1878 s. 469; Ann. Stats. 1S89 s. 469; 1897 c. 354; Stats. 1S9S s. 469] Valuation of realty. Section 470. Whenever any real estate in any school district shall not have been separately valued in the assessment roll of the town, and the valuation of such real estate cannot be definitely ascertained from such assessment roll, the town clerk shall estimate the value of the same in proportion to the valuation affixed in said assessment roll to the whole tract of which such lot or piece of land forms a part. [1854 c. 80 s. 69; R. S. 185S c. 23 s. 68; 1S63 e. 155 s. 74; R. S. 1378 s. 470; Ann. Stats. 1889 s. 470; 1397 c. 354; Stats. 1898 s. 470] Joint school districts; assessments equalized only on petition; forfeits for nonattend- ance. Section 471. 1. The relative valuation of taxable property in the several parts of any joint school district or of any joint high school district, shall not be equalized ex- cept as herein provided. At any time prior to the fifteenth day of October of any year any three freeholders resident in that part of any town, city or village forming a part of any joint school district, or forming a part of any high school district, or if the number of freeholders in such part of any town, city or village be less than three then all of such free- holders, may file with the clerk of such district a petition praying for an equalization of the relative valuation of taxable property in the several parts of such district. The clerk shall thereupon and prior to October twenty-fifth of such year notify in writing the asses- sor of every town, city and village in part embraced in such district to meet as provided in subsection 2 of this section. 2. The said assessors shall meet at the district schoolhouse with their respective assess- ment rolls at the time designated in such notice for the purpose of comparing and investi- gating the assessed valuation of the taxable property in the several parts of such district separated by town, city or village lines and shall determine whether the assessed valuation of such property on the assessment rolls be just or not. 3. If considered unjust, they shall determine the relative aggregate valuation of said property in the parts of the district in the several towns, cities or villages comprising it and the proportion of district taxes to be levied upon the property in each of the several parts. If necessary, the assessors may view and inspect the taxable property in the dif- ferent parts of the district and may examine the owners and other persons under oath as to the value thereof. The school district clerk shall attend such meeting and keep a record of the proceedings. A majority of such assessors shall constitute a quorum for the per- formance of the duties prescribed in this section. 4. If any assessor shall be absent from such meeting in attendance upon a like meet- ing in some other joint district, and shall give information of the fact to such clerk, or if for other reasons there shall be no quorum of assessors, the meeting shall be adjourned to such time as may be necessary to enable all or a majority of such assessors to be present, and in such ease the clerk shall give notice of such adjournment to each assessor not then present in time to enable him to attend such adjourned meeting. Further adjournments may be taken if necessary, until the duties imposed by this section shall have been j:>er- formed; and if for any reason there shall be failure to perform such duties without ad- journment to a fixed time, the clerk shall call another meeting at a time fixed by him; provided, that final action by said assessors under this section shall be taken not later than the first day of November in the same year. The town, city and village clerks shall allow the assessors to take and use the assessment rolls in the discharge of their duties under this section. 5. If the assessors cannot agree, they shall call to their aid the assessor of incomes of the county, whose vote shall decide the controversy. The determination when made shall be certified in writing to the district clerk. 6. If any assessor or other officer shall refuse or neglect to perform the duties hereby Imposed, or to act when called upon as herein provided, he shall forfeit not less than ten 19 289 Chap. 2/ s. 4*2] [The Common Schools. nor more than one hundred dollars. [R. S. 1858 c. 23 s. 69; 1863 c. 155 s. 75; 1871 c. 98 s. 1; R. S. 1878 s. 471; Ann. Stats. 1889 s. 471; 1897 c. 354 s. 471; Stats. 1898 s. 471; 1905 c. 307 s. 1; Sitpl. 1906 s. 471; 1907 c. 90, 118; 1913 c. 406] ' Statement as to taxes. Section 472. Each district clerk shall, on or before the third Monday of November in each year, deliver to the town clerk a statement in writing, verified by his affidavit, showing the amount of taxes voted to be raised at the last annual meeting or at the first meeting after the organization of the district, or both, as the case may require, and all of the taxes voted at any special meeting held during the then next preceding year, and also the amount of tax therefor voted to be collected in such year, if any, for the annual payment of any loan, and also the amount to be paid by such district, if any, under the provisions of section 421. In case of a joint district he shall deliver to the clerk of each town, city or village in which any part of the district is situated a state- ment so verified showing the proportion of such taxes to be assessed in that part of the district within such town. If such proportion shall not have been determined as provided in the last preceding section it shall be ascertained from the valuation contained in the last assessment rolls of the respective towns, city or village; and to that end the clerk of each such municipality shall, on or before the last Monday in September in each year, deliver to the district clerk a certified statement of the valuation of the real and personal property in that part of such district lying therein as the same appears from said assess- ment roll. [1854 c. 80 s. 33; R. S. 1858 c. 23 s. 34; 1863 c. 62 s. 4; 1863 c. 155 s. 62; 1869 c. 81 s. 1; R. S. 1878 s. 472; 1881 c. 305; 1885 c. 241; Ann. Stats. 1889 s. 472; 1897 e. 354; Slats. 1898 s. 472] Assessment by town clerk. Section 473. The town clerk shall assess the taxes so certified upon the property liable thereto, placing the same in a separate column in the next tax roll of his town, whenever so certified, before he shall have delivered the roll to the town treasurer for collection, although after the third Monday of November; if any such shall not be assessed in the next tax roll after being voted it shall be-assessed in that of the next succeeding year. Such taxes shall be collected or returned delinquent by the town treasurer and collected by the county treasurer in all respects like other taxes. [1854 c. 80 s. 34; R. S. 1858 c. 23 s. 35; 1863 c. 155 s. 63; 1866 c. Ill s. 7; 1871 c. 169 s. 4; R. S. 1878 s. 473; Ann. Stats. 1889 s. 473; 1897 c. 354; Stats. 1898 s. 473] borrowing money. When; security. Section 474. Whenever upon any unusual exigency any sehool district shall, before the annual meeting, vote a special tax to be collected with the next levy, the district may by vote authorize the district board to borrow, for a period not exceeding one year, a sum not exceeding the amount of such tax, and by such vote set apart such tax when collected to repay such loan; and thereupon the district board may borrow such money of any person, and on such terms, and execute and deliver to the lender such obligation therefor and such security for the repayment, including a mortgage or pledge of any real or personal property of the district, subject to the directions con- tained in the vote of the district, as may be agreed upon and not prohibited by law. [R. S. 1878 s. 474; Ann. Stats. 1889 s. 474; 1897 c. 354; Stats. 1898 s. 474] Loans for teachers' wages and usual expenses. Section 474a. Any school district may, by vote, at any annual, or lawfully called special meeting, authorize the district board to borrow money for a period not exceeding six months, for the purpose of paying teachers' wages and usual school expenses, not exceeding the amount of district taxes voted for such purposes at such meeting, to be collected with the next levy. Board to deliver order to lender; interest. Any district board, after being so author- ized, may borrow such money of any person for not exceeding six months, and deliver to the lender thereof an order on the district treasurer for the amount so borrowed, payable on or before six months after date thereof, and drawing interest from date thereof not exceeding seven per cent per annum. [1901 c. 40 s. 1, 2; Supl. 1906 s. 474a; 1907 c. 118] Borrowing money for purchase of schoolhouse site or playground. Section 4746. The electors of any common school district, or town free high school district, or union free high school district, assembled at any special or annual .meeting, regularly called are hereby empowered to authorize the board to borrow money from some firm, corporation or individual, or from the trust funds, for the purpose of purchasing a schoolhouse site or a school playground, said loan to be made for a period of not to exceed two years at a rate of interest not to exceed seven per cent. [1915 c. 329] Loans; referendum; ballots; bonds, mortgages, etc.; curative. Section 475. For the purpose of aiding in the erection or purchasing of a schoolhouse any school district whether organized under general law, special law or charter, may, by vote of the electors 290 Chap. 27 s. 4<6j [The Common Schools. at any annual or special meeting, called for that purpose authorize the district board, school board or board of education to borrow money, to an amount which shall not in any way exceed the limitations now provided by general law. The resolution to be voted upon shall be in writing, specifying the amount to be borrowed, the rate of interest, and the time and manner of payment, which shall be in annual instalments, or otherwise, the last of which shall be payable in not exceeding fifteen years from the first day of February next ensuing. Such resolution shall be read to the meeting and the vote taken thereon by ballot. The ballots shall be written or printed, those in favor of the loan : "For the loan," those opposed : "Against the loan." The resolution and the vote shall be recorded, and if adopted by a majority, the district board, school board or board of education shall be thereupon authorized to borrow such sum of any person on such terms, and execute and deliver to the lender such obligation therefor and such security for payment, including a mortgage or pledge of any real or personal property of the district, subject to the direction •contained in the resolution voted, as may be agreed upon, not prohibited by law, and shall also levy a tax to be annually collected thereafter, sufficient to pay the interest annually on such loan and the annual instalments of the principal, provided to be paid in each year. Any bonds issued by any such school district, to secure any loan which bonds shall have been issued in conformity to law, including the provisions of this section, as amended are hereby declared to be and are valid claims and liens against the school district so issuing the same. [1857 c. 15 s. 1, 2;R. S. 1858 c. 23 s. 100, 101; 1863 c. 58 s. 114, 115; R. S. 1878 s. 475; Ann. Stats. 1889 s. 475; 1897 c. 354; Stats. 1893 s. 475; 1905 c. 172; Supl. 1906 s. 475; 1907 c. 118; 1915 c. 226] Use of funds; vote final. Section 476. The money borrowed under authority of either of the last two preceding sections shall be paid into the district treasury and be expended only for the purposes for which it was voted or borrowed. After any such loan shall have been made no power shall exist to rescind or reconsider any such vote or ob- struct the collection of such tax; and the district treasurer shall apply every such tax when received by him exclusively to the payment of such debt so far as necessary to dis- charge the amount to which such tax was devoted. [1863 c. 155 s. 115; R. S. 1378 s. 476; Ann. Stats. 1889 s. 476; 1S97 c. 354; Stats. 1898 s. 476] Loan to refund indebtedness. Section 476a. 1. Any school district may, by vote at an annual or special meeting, authorize the district board to borrow money for the purpose of refunding its indebtedness. A written resolution shall be read at such meeting speci- fying the amount to be borrowed, the rate of interest and the amount of each instalment of principal and time when it shall be paid. The last instalment shall be payable in not exceeding twenty years from the time the indebtedness was originally contracted. The vote on such resolution shall be taken by ballot, and voters favoring its adoption shall cast a ballot on which shall be the words "For the loan," those opposed a ballot on which shall be the words "Against the loan." If a majority of the votes cast are in favor of the loan the board may borrow the specified amount on such terms as may be agreed upon •conformably with such resolution and not prohibited by law, and execute the bonds or other obligations of the district for such sum. The district shall levy a tax to be collected annually thereafter sufficient to pay the annual interest on such loan and the instalment of the principal to be paid in any year. After any such loan shall have been made such vote shall not be rescinded or reconsidered, nor shall the collection of such tax be obstructed, and the tax when collected shall be applied exclusively to the payment of such indebted- ness. The money so borrowed shall be paid to the treasurer and shall be expended solely for the purpose for which it was borrowed. 2. In counties containing a population of one hundred and fifty thousand or more any school district may also authorize the district board, school board, or board of educa- tion, to borrow money for the purpose of purchasing or paying for a schoolhouse site, or an addition thereto, to an amount not exceeding a sum which shall be certified to by the town board of the town, or the village board of the village, in which such site is situated, as being necessary for that purpose, and thereupon such district board, school board or board of education shall have the authority to execute bonds or other evidences of indebt- edness, and to annually levy a tax for the repayment of such indebtedness and interest, in the manner and under the restrictions provided in sections 475 and 476. [1887 c. 231; Ann. Stats. 1889 s. 476a; 1897 c. 354; Stats. 1898 s. 476a; 1913 c. 547] SCHOOLHOUSE sites. How obtained. Section 477. 1. Whenever a school district shall have designated, by a majority vote of the electors thereof present at an annual meeting, or at a special meeting called for that purpose, a schoolhouse site, or an addition thereto, and shall be unable to obtain the same on account of the refusal of the owner to sell or lease the same 291 ■Chap. 2/ s. 478J [The Common Schools. ■ for a just and reasonable compensation, or on account of his being a nonresident, or un- known, the district board, when directed so to do by a majority vote of the electors at such district meeting shall make application to the town board or boards of supervisors of the town or towns interested, to locate and establish the site or any addition thereto so designated; provided that every such schoolhonse site or any schoolhouse site obtained by purchase or grant shall be located and established abutting on a public highway or street, and that no schoolhouse shall hereafter be erected on any site unless at the time of erection such site shall abut on a public highway or street. 2. Whenever any such schoolhouse site or addition thereto, so designated by a school district, shall lie within the limits of an incorporated village, then the application to locate and establish such site, or any addition thereto, herein mentioned and described, shall be made to the village board of such village, and all subsequent proceedings described in this section and in sections 478, 479, 480, 481 and 483, as being had before the town boards, shall be had before the village board of said village. [1863 c. 155 s. 78, 85; 1864 c. 4.34 s. 4; 1868 c. 151; 1869 c. 169 s. 6; R. S. 1878 s. 477; Ann. Stats. 1SS9 s. 477; 1897 c. 354; Stats. 1898 s. 477; 1909 c. 171; 1911 c. 488; 1913 c. 547] Notice to landowner. Section 478. Whenever any such application shall be made to the town board said board shall make and sign a notice in writing of such application, containing a description of the land upon which it is proposed to locate such a site or addition and the time and place when and where they will meet to decide upon the same. Such notice shall be served or caused to be served by the district clerk upon all the occu- pants of such land and all the owners thereof whol are known and are residents of this state at least six days previous to the day fixed for such meeting. Such notice shall be served by delivering a copy thereof to each such occupant and owner or by leaving the same at their respective residences with some person of suitable age and discretion ; and if the owner or owners of said land be unknown to said board or shall reside without this state then such notice may be served by publishing the same in the newspaper published nearest said land once in each week for six successive weeks next before the said day of meeting. [1860 c. 320 s. 3; 1863 c. 155 s. 80; R. S. 1878 s. 478; Ann. Stats. 1889 s. 478; 1897 e. 354; Stats. 1898 s. 478] Compensation. Section 479. The town board shall meet at the time and place fixed in said notice, and upon due proof of the service of [or] publication of said notice they shall locate and establish such site or addition for said district. They shall cause an accurate survey and description to be made, and fix and award the compensation to be made to the respective owners for the same, including all damages respectively sustained by such owners by reason of such taking of said lands, and within ten days thereafter make out and sign duplicate certificates, containing a statement of their action upon such application, an accurate description of the land taken and the amount of compensation and damage awarded to each of said owners, one of which shall be delivered to the occu- pant or owner of the lands so taken, if known and a resident of this state, and the other, together with the proofs of publication or service of said notice and such survey, to the clerk of said district, who shall cause said certificate to be recorded in the office of the register of deeds of the proper county ; provided, that said board may, in their discretion, before agreeing upon their award, adjourn from time to time, not exceeding in all ten days. [1860 c. 320 s. 4; 1863 c. 155 s. 81; R. S. 1878 s. 479; Ann. Stats. 1889 s. 479; 1897 _ c. 351 ; Stats. 1898 s. 479] Payment. Section 480. The sum of money so awarded by said board shall be paid to the owner of the land upon which such site or addition is located, or in case the owner is a nonresident or unknown, or refuses to accept the money, it shall be deposited with the treasurer of the district to the order of the owner of said land ; said district shall not occupy said land without the consent of the owner thereof until such money shall be paid, tendered or deposited as aforesaid. [1860 c. 320 s. 5; 1863 c. 155 s. 32; R. S. 1878 s. 480; Ann. Stats. 1889 s. 480; 1897 c. 354; Stats. 1898 s. 480] Appeal. Section 481. Any person aggrieved by the decision of the town board in the award of damages or otherwise may, within twenty days after filing their duplicate certificate with the clerk of such district, appeal therefrom to the circuit court of any county in which such site or addition or any part thereof is situated, by filing with such clerk a notice of appeal, specifying all the grounds of his appeal and paying to such clerk one dollar for state tax and one dollar for making returns thereto. Within twenty days thereafter such district clerk shall deliver to the clerk of said circuit court a certified copy of such certificate, together with such notice of appeal, with the date of service thereof indorsed thereon, and pay to him one dollar state tax; and thereupon the clerk of said court shall enter an action in his court record in which the said appellant shall be plaintiff and the school district defendant. The issue in said action shall be the legality of all the 292 Chap. 27 s. 482] [The Common Schools. proceedings taken by the school district and town board in taking the lands of the plain- tiff for such schoolhouse site or addition thereto which are set forth in the notice of ap- peal as grounds therefor, and the amount of compensation and damages to which he is entitled therefor. Such issue shall be tried without further pleadings as other issues of fact are tried, and judgment thereon be rendered and enforced as in other personal actions- in such court; provided, that when the legality of the proceedings is not made an issue or is sustained and the plaintiff does not recover a larger sum for damages than was awarded to him, he shall not recover but shall pav costs. [1860 c. 320 s. 7 ; 1863 c. 155 s. 84; R. S. 1S78 s. 481; Ann. Stats. 1889 s. 481; 1897 c. 354; Stats. 1898 s. 481] Quantity of land. Section 482. No schoolhouse site shall contain more than four acres unless with the consent of the owner of the land taken therefor, except in counties having a population of one hundred and fifty thousand or more. All land so taken against the will of the owner, when it shall cease to be used as a schoolhouse site or addition, shall revert to the original owner, his heirs or assigns; and no land shall be so taken that may not be taken for highway purposes without the consent of the owner thereof. [1860 c. 320 s. 2, 6; 1863 c. 155 s. 79, 83; R. S. 1878 s. 42; Ann. Stats. 1889 s. 482; 1897 c, 354; Stats. 1898 s. 482; 1911 c. 148; 1913 c. 547] Proceedings by joint districts. Section 4S3. If such application be made by a joint district it shall be made to the town boards of the several towns in which such district is situated, and such town boards shall act together as one board in all proceedings as hereinbefore prescribed. [1863 c. 155 s. 85; 1871 e. 169 s. 6; R. S. 1878 s. 483; Ann. Stats. 18S9 s. 483; 1897 c. 354; Stats. 1S98 s. 483] Infant's land, how obtained. Section 484. Whenever any school district shall lo- cate a site for a schoolhouse upon any land owned by an infant or in which an infant has an interest the circuit or county court of the county in which the land is situated may, upon application of the parent or guardian of such infant, authorize such parent or guardian to execute a perpetual lease of such site not exceeding one acre in quantity, and when any such land is held in trust for an infant his trustee may in like manner apply for authority to make such perpetual lease.. All such leases shall vest in the lessee the interest of such infant and of his trustee in such land so long as the same is- occupied for school purposes. Such authority shall not be granted unless it shall be made to appear satisfactorily to said court that [the] premises are needed for school purposes, that the said school district is willing to pay therefor a consideration deemed adequate by the court and that the interest of such infant will not be prejudiced by rea- son of said lease, and before making such order the court shall require the person author- ized to make such lease to give a bond to account for and pay over the consideration re- ceived therefor as in cases provided by law for the sale of the lands of minors. [186S c. 90 s. 1, 2; R. S. 1878 s. 484; Ann. Stats. 1889 s. 484; 1S97 c. 354; Stats. 1898 s. 484] LIBRARIES. Librarian; actions. Section 485. The clerk of the district or such other person as the legal voters shall appoint shall be the librarian and have the care and custody of the district library under the supervision of the district board. All actions relating to such libraries or for the recovery of any penalties lawfully established in relation thereto shall be brought in the name of the proper school district. [1854 c. 80 s. 76, 77; R. S. 1858 c. 23 s. 78, 79; 1863 c. 155 s. Ill, 113; R. S. 1878 s. 485; Ann. Stats. 1889 s. 485; 1897 c. 354; Stats. 1898 s. 485] Joint libraries. Section 486. The legal voters of any two or more adjoining school districts may, with the* approval of the town board, unite their libraries and library money and may purchase a joint library or additions thereto for such districts, to be selected by the district boai'ds thereof or by such person as they shall designate, and to be under charge of librarians to be appointed by such district boards. Every such joint library and its appurtenances shall be vested in and all actions relating thereto shall be brought in the names of all the districts owning such joint library. In case such dis- trict shall desire to divide any such joint library such division shall be made by the directors of the districts owning the same, or by the town supervisors if such directors cannot agree ; and any school district may donate and sell any book or books belonging to the district library to the town in which it is situated to form a part of the town library. [1854 c. SO s. 78; R. S. 1858 c. 23 s. 80; 1863 c. 155 s. 112; 1868 c. 174 s. 4; R. S. 1878 s. 486; Ann. Stats. 1889 s. 486; 1897 c. 354; Stats. 1898 s. 486] Exchange loans of district libraries. Section 486 — 1. 1. School library books be- longing to one school district may be loaned by the school board of the district to the school board of another school district for use in the school library of that district in considera- tion of school library books similarly loaned in exchange therefor. 293 Chap. 27 s. 486a] [The Commox Schools. 2. County or district superintendents may arrange such exchanges and loans of school library books among the school districts in their jurisdiction as may be mutually agreed upon by the school boards of the districts concerned. 3. A school district receiving books from another district under the provisions of this act shall be responsible for all losses sustained on account of books lost or damaged be- yond ordinary wear and tear. 4. All books loaned or exchanged under the provisions of this act shall be returned to the school library from which they have been obtained not later than two weeks before the close of the annual school term of the district from which the books have been received. [1913 c. 107] Township libraries; books; amount expended. Section 486a. 1. The treasurer of every county in this state shall withhold annually from the apportionment received from the school fund, or other income for school districts, an amount equal to ten cents per capita for each person of school age residing in towns, villages and cities of the fourth class in the county, said money to be expended for the purchase of library books, as hereinafter provided. Certificate of apportionment. 2. In the certificate of apportionment of the common school fund made annually by the state superintendent to the county clerk and county treasurer of each county there shall be included a statement of the number of persons of school age in each town, village and city of the fourth class in the county. Selection. 3. Between the first days of April and September of each year the county, district or city superintendent of schools shall provide for the expenditure of all moneys withheld by the county treasurer for the purchase of library books, said books to be selected from the list prepared by the state superintendent and to be distributed among the districts under his supervision the schoolhouses of which are located in his county or superintendent district, in the proportion to the amount of money withheld from each. In case a school district is located in more than one county or superintendent dis- trict, the superintendent of the county or superintendent district in which the school- Louse is located shall provide for the expenditure of the total sum withheld from such joint school district, in accordance with the provisions of this act. Adjoining counties. 4. The superintendents of any two adjoining counties shall on or before December first of each year by conference or correspondence determine upon the balance of township library money which must be transferred from the treasury of one county to the treasury of the other county in order that the total amount of town- ship library money over which each county superintendent has control for the purposes of this act may be in the treasury of the county of which he is superintendent. The said county superintendents shall thereupon sign and transmit to the county clerks of the two counties concerned a joint written statement of the balance which is to be paid over from one county to the other, together with a detailed statement of how the balance was determined. The county clerk of the county from which the balance, as above determined, is due, shall on or before March first draw an order upon the county treasurer for the amount of said balance and in favor of the county treasurer of the county to which the balance is due. The eounty treasurer shall forthwith transmit said sum to the county treasurer in whose favor the order is drawn and the latter shall credit it to the township library fund of the eounty of which he is treasurer. Xo order from the county board of supervisors shall be deemed necessary to effect this transfer of township library funds as above provided. Joint districts. 5. In case a school district under the jurisdiction of a city superin- tendent is joint between a city of the fourth class and one or more towns the city super- intendent and the county superintendent having jurisdiction over the territory adjacent to the city district shall on or before February first of each year, in a joint statement, certify to the county clerk and county treasurer the number of persons of school age in that part of the city district outside of the city limits. The city superintendent of a city of the fourth class shall provide for the expenditure of the township library money based on the total number of persons of school age in the city district, including such persons in all parts of the city district whether resident within or without the city limits. Report. 6. Between December first and February first of each year the teacher or principal of every school under the jurisdiction of a county, district or city superintendent of a city of the fourth class shall report to the proper superintendent on blanks supplied by said superintendent such information regarding the condition and needs of the school library as may be called for by such superintendent. Such report shall include an inven- tory of all books which have been added to the school library under the provisions of this act since March first last preceding the date of the report. Before receiving from the dis- trict clcxk an order for the last month's salarv of the school year the teacher or principal 294 Chap. 27 s. 486a] [The Common Schools. of each school shall report to the district clerk and the county, district or city superin- tendent such information regarding the school library as the proper superintendent may direct. Lists; filing. 7. It shall be the duty of the county or district superintendent to keep on file in his office a list of books in the library of each school district and to arrange such lists by districts and towns in numerical and alphabetical order. Guided by such lists and other information which may have been obtained regarding the school libraries of the school districts under his supervision, the county or district superintendent shall make a selection for each school district under his supervision, the schoolhouse of which is located in his superintendent district, the books to be taken from the lists prepared by the state superintendent. Tt shall also be his duty to furnish each town clerk, village clerk and clerk of cities of the fourth class under his jurisdiction with a list in duplicate of the books designated for each district. The county or district superintendent shall also certify to the county clerk the names and numbers of the books selected for each town, village or city of the fourth class under his supervision, the price fixed in the list issued by the state superintendent to be attached in each case and the total cost of such books to be correctly summarized and indicated. Citj' superintendents of cities of the fourth class shall in like manner certify to the county clerk the cost of the books selected for the schools under their jurisdiction. A duplicate copy shall be furnished to the company or firm selected by the state department or commissioned to furnish the books, periodicals, etc., for township li- braries. The company or firm shall upon receipt of the list from the county, district or city superintendent fill the order for each town, village or city of the fourth class, as di- rected, said order when so filled to be sent to the town, village or city clerk. The town, village, or city clerk shall within ten days after the receipt of the books from the company or firm compare the order so filled with the list in his possession and file with the county clerk one of the said lists of books designated for each district after having plainly indi- cated thereon which of the books ordered by the county or city superintendent have been received in good condition by said clerk or shall report to the county clerk in writing. which of said books have been received by him in good condition. The county clerk shall within three days thereafter draw an order upon the county treasurer for the cost of the books so actually delivered in good condition to each town, village, or city. If any error or irreg- ularity shall have been made by such company or firm in the filling of such order for the books in question, the town, village or city clerk shall, within ten days after the receipt of such books by him, notify such company or firm thereof in writing. A report shall also be sent to the county, city or district superintendent. If the report is unsatisfactory, the proper superintendent shall forthwith report the fact and the cause thereof to the company or firm supplying the township library books. Such company or firm shall forthwith take steps to rectify any error or irregularity which may have been made in the filling of the order for the books in question. If the town, village, or city clerk shall fail to report to the countj 7 , city or district superintendent and to the county clerk as provided herein within ten days after the receipt of the books, or shall fail to notify such company or firm of any error or irregularity made by such company or firm in the filling of said order as herein provided, within ten days after the receipt of such books by him, he shall be liable to a forfeiture in the sum of five dollars, collected as provided by law for the collection of other forfeitures. 8. [Repealed by 1913 c. 149} Charges. 9. The express, freight and postage charges on books purchased under the provisions of this section shall be paid by the town, village or city receiving them. Distribution. 10. The town clerk shall immediately on receipt of the books pur- chased under the provisions of this section distribute such books to the clerks of the vari- ous school district or, if the school is in session, to the teacher or principal of such school. The district clerk or the teacher, as the case may be, shall, at the time the books are de- livered, sign and deliver to the town clerk a receipt specifying therein the titles of the books and the date on which they were delivered. Such books shall go to each school district as are designated by the county or district superintendent. For this service the town clerk shall be paid such sum, not exceeding two dollars per day, out of the funds of the township, as shall be determined by the town board of supervisors. Village and city clerks who receive books under the provisions of this section shall, without unnecessary delay, transmit such books to the principal or superintendent of the schools of the village or city. Exchanges. 11. The boai-d of directors of any free public library and the school board or the board of education of any school district, town, village or city in which a free public library is provided for and maintained, may make such exchanges and loans 295 Chap. 27 s. 4806-j [The Common Schools. of books as said officers shall agree upon for the purpose of increasing the efficiency of both libraries and insuring the best service to the schools and all citizens. Suspension of act. 12. The state superintendent shall have authority to suspend the operation of this section in any school district, or subdistrict within which there is main- tained a free public library, or for any school district or subdistrict located wholly or in part in any incorporated village or city within which there is maintained a free public library; provided, there has been expended by the board of said free public library in the purchase of library books suitable for children in the elementary school grades, during the year ending June thirtieth next preceding the date of the application for suspension, a sum equal to the sum which would be released by the suspension of the township library law, as certified by the secretary of the free library commission, the amount so expended by said board of the free public library for any one year not to be made the basis of such suspension for more than one year, and provided further that the clerk or secretary of the board of education of the school district for which the operation of the township library law is suspended, the county, district or city superintendent concerned and the county clerk and county treasurer of the county in which the district is located shall be notified of such suspension by the state superintendent. [1887 c. 426; 1889 c. 288; Ann. Stats. 1889 s. 486a; 1897 c. 354; Stats. 1898 s. 486a; 1899 c. 272 s. 1, 2; 1905 c. 417; Supl. 1906 s. 486a; 1907 c. 118; 1909 c. 164; 1911 c. 663 s.27; 1913 c. 149; 1915 c. 423] Librarian and records. Section 4866. Unless the school district shall at tiie annual meeting elect some other person librarian, the clerk shall act as librarian and receive and have the care and custody of the books so distributed to the district, and shall loan them to teachers, pupils and other residents of the district in accordance with the regulations prescribed by the state superintendent. The clerk shall keep a record of the books re- ceived from the town clerk in a book furnished by the state superintendent through the town clerk; but during the time school is in session the library shall be placed in the schoolhouse, and the teacher shall act as librarian under the supervision of the clerk or of the librarian elected at the annual meeting.. The state superintendent shall furnish to each town clerk suitable record books for his use and the use of the several clerks in his town. [1887 c. 426; 1889 c. 288; Ann. Stats. 1839 s. 486a; 1895 c. 47; 1897 c. 354 s. 486a sub. 5; Stats. 1898 s. 486b] Farmers' institute bulletins for all district school libraries. Section 486c. The su- perintendent of agricultural institutes shall send to each town clerk in the state a suffi- cient number of bound copies of the bulletins of such institutes to enable him to supply each school district in his town with one copy of each edition thereof. The town clerks shall distribute said bulletins to the school libraries in their respective towns, from which they shall be loaned in like manner and under the same regulations prescribed for the loaning of books therein. [1895 c. 47 s. 6; 1897 c. 354 s. 486a sub. 6; Stats. 1898 s. 486c; 1907 c. 66] Librarian under township system. Section 486i. In towns having the township system of school government, all duties prescribed for the town clerk in regard to town- ship libraries shall be performed bv the secretarv of the town board of school directors. [1897 c. 56; Stats. 1898 s. 486d] Library committee. Section 4S6e. The state superintendent of public instruction, the secretary of the Wisconsin free library commission and the attorney-general are hereby constituted a committee whose duty it shall be to secure bids and make contracts with some responsible dealer or firm for the purpose of securing prompt and efficient service in supplying books and periodicals to the schools of the state under the provisions of the township library law. [1905 c. 243 s. 1; Supl. 1906 s. 486 e; 1907 c. 118] Bids. Section 4S6/. Whenever the list of books for township libraries prepared by the state superintendent under section 486a, statutes of 1898, is completed, typewritten copies thereof shall be furnished to dealers or firms making applications therefor. The committee shall inclose with each copy of the list so sent out a clear and complete state- ment of the conditions under which the books and periodicals are to be supplied; the date on which the bids must be placed on file and opened and give such other information as may be necessary to insure a clear and unquestionable understanding on the part of all parties concerned. [1905 c. 243 s. 2; Supl. 1906 s. 486 f ; 1907 c. 118] Deposit. Section 486a. The committee shall require from each dealer or firm mak- ing a bid a deposit of one thousand dollars with the state treasurer as an evidence of good faith, said sum to be returned as soon as the successful bidder is determined, provided that the sum deposited by the successful bidder shall not be returned until the bond re- quired by the committee conditioning a faithful performance of the terms of the con- tract is filed with the secretary of state. In case the successful bidder shall fail or refuse to file the bond required bv the contract the one thousand dollars deposited with the state 296 Chap. 21 s. 4S6h] . [The Common Schools treasurer shall become forfeit to the state and there shall be no recovery thereof. [19 OS c. 243 s. 3; Supl. 1906 s. 486g; 1907 c. 118] Bond. Section 486T&. The committee shall require a bond from the successful bid- der in the penal sum of ten thousand dollars with good and responsible sureties for the faithful and reasonable performance of the terms of the contract, said sum to become forfeit to the state in case of failure. [1905 c. 243 s. 4; Supl. 1906 s. 486h; 1907 c. 118] Duty of purchasing officers. Section 4.861. As soon as the successful bidder has been determined, all officers upon whom shall fall the duty of purchasing the books for township school libraries shall be notified in a circular setting forth the conditions under which the books are to be furnished, the name and address of the successful bidder and a statement to the effect that no money withheld from the common school apportionment for the purchase of township library books shall be used in the purchase of books or period- icals from any other dealer or firm. [1905 c. 243 s. 5; Supl. 1906 s. 486i; 1907 c. 118] Penalty. Section 486j. After a contract has been entered into by the committee on the part of the state it shall be deemed a misdemeanor punishable by fine to the amount of costs and the money expended, for any person or officer authorized by law, to make a purchase of books for township libraries with money withheld from the annual appor- tionment of the school fund income from any dealer or firm other than the dealer or firm named in the contract. [1905 c. 243 s. 6; Supl. 1906 s. 486 j; 1907 c. 118] Rebinding school library books. Section 486fc. 1. The state superintendent of pub- lic instruction, the secretary of the free library commission, and the attorney-general shall constitute a state committee on the rebinding of school library books. 2. It shall be the duty of said committee to make out during the month of January each year an approved list of firms engaged in bookbinding to which school library books may be sent for rebinding under the provisions of this act. In making out said list the said committee shall take into consideration convenience of location of firms doing book- binding, the character of their work, their financial responsibility, and any other matter or matters haying a bearing on the satisfactory rebinding of school library books, the cost of rebinding, and the facilities and cost of transportation to and from the bindery. 3. Before any bookbinding firm is placed on said approved list, an agreement shall have been entered into between such firm and the state committee on the rebinding of school library books as to prices to be charged for the rebinding of books as provided for by this act and such other matters as said committee may deem essential to the carrying out .of the intent thereof. Each such agreement shall contain a clause authorizing said committee to drop the firm from such approved list in case the terms of the agreement are not complied with by the firm in question. 4. During the last month of the annual school term in every school district coming under the provisions of sections 486a to 486^ inclusive, of the statutes, known as the town- ship library law, the teacher, principal or superintendent, as the case may be, shall set aside those books in the school library or libraries, which are in need of rebinding, and he shall supply to the district clerk a list in duplicate of the titles of the books thus set aside, also a list of the approved bookbinding firms, together with such other readily obtainable information regarding the books set aside as may be called for by the state or county superintendent on blanks which may be supplied for the purpose. Only those school li- brary books shall be set aside for rebinding whose original cost, whose value as school library books, whose sanitary condition and condition as to wear and tear and cleanliness are such as, in the judgment of the teacher, principal or superintendent, to justify re- binding. 5. It shall be unlawful for the district clerk to make out an order for the payment of the last month's salary of the teacher, principal or superintendent, as the case may be, before the books for rebinding, if there be any such books, shall have been set aside and a list thereof has been received by him, as provided in the last preceding paragraph of this section. If there are no books needing rebinding, whose cost, value, and condition justify rebinding, then a written statement to that effect signed by the teacher, principal or superintendent shall be substituted for said list of books for rebinding otherwise to be provided. 6. At the* first regular or special meeting of the school board after the clerk has re- ceived the said list of books needing rebinding, he shall present said list to the board for its consideration and the board shall forthwith take formal action on the question of having the books rebound under the provisions of this act. It shall be the duty of the school board to take action not later than one month after the district clerk has received said list of books needing rebinding. If necessary, a special meeting shall be called for the purpose. 7. Payment for the rebinding of school library books under the provisions of this act shall be made from any funds in the treasury of the school district not otherwise ap- 297 Chap. 27 s. 486m] [The Common Schools. propriated. The first year an}' school district takes advantage of this act the amount ex- pended for this purpose shall not exceed an amount equal to twenty cents for each person of school age in the district; thereafter such amount shall not exceed ten cents per person of school age per annum in any one school district. 8. Lists of approved bookbinding firms as provided for in this act shall be distributed to teachers, principals, and superintendents between the first day of March and the first day of May each year in such manner as other publications are distributed from the of- fice of the state superintendent of public instruction. [1913 c. 176] Sample books in school libraries. Section 486m. 1. County and district superin- tendents and city superintendents of cities of the fourth class shall, each and severally, ac- cession and care for as county, superintendent district, or city school district property, free sample books which are on the list of books prepared by the state superintendent as pro- vided by section 486a of the statutes and which are received by them after their election or appointment and during their term of office as superintendents, and they shall turn said books and an accession list thereof over to their successors in office together with similar sample books and accession lists received from their predecessors in office, in like manner as the law requires that other county, superintendent district, or city school district prop- erty shall be cared for and turned over. [1913 c. 409] COLLECTION OF JUDGMENTS AGAINST SCHOOL DISTRICTS. Execution. Section 487. No execution shall issue on any judgment against a school district except upon leave of the court upon motion after failure of the remedies pro- vided in these statutes. [1S54 c. 80 s. 80-85; B. S. 1858 c. 23 s. 82; 1863 e. 155 s. 117;. E. S. 1878 s. 487; Ann. Stats. 1889 s. 487; 1897 c. 354; Stats. 1898 s. 487] Method of collection. Section 488. Whenever a final judgment shall be obtained against any school district the judgment creditor, his assignee or attorney may file with the town, city or village clerk a certified transcript of such judgment or of the docket thereof, together with his affidavit showing the amount due thereon and all payments, if any, and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed; and thereupon such clerk shall assess the amount thereof, with interest from the date of its rendition to the time when the warrant for the collection thereof will expire, upon the taxable property of such district, placing the same in a separate column on the next tax roll; and the same shall be collected and returned as town taxes are and paid to the party entitled thereto. In case of a judgment against a joint district, a transcript and affidavit as aforesaid shall be filed with the clerk of each town, city or village in which any part of the district is situated, and such clerk shall assess on the taxable property of the part of such district situated in his town, city or village the same proportion of the whole amount, with interest as aforesaid, as is as- sessed on such part for the other district taxes in such year. Such proportion may be ascertained by the certificate of the district clerk or the certificate of the several town, city or village clerks interested to each other, showing the amount of other district taxes cer- tified by the district clerk to each town, city or village clerk. Whenever for any cause the amount which ought to be assessed on any such district or part of district, as above pro- vided, shall not be so assessed in the next tax roll after the filing of such transcript and affidavit, such clerk shall assess the same on the next or any subsequent tax roll within two years thereafter. [E. S. 1858 c. 23 s. 83-86; 1863 c. 155 s. 118-121; E. S. 1878 s. 488; Ann. Stats. 1889 s. 4S8; 1897 c. 354; Stats. 1898 s. 488] Effect of appeal. Section 489. Whenever an appeal shall be taken from such judg- ment against a district and a transcript thereof and affidavit shall have been filed as above provided, the director may file a certificate of such appeal with the town, city or village clerk, and thereupon he shall suspend the assessment of such judgment until the determi- nation of such appeal. If such judgment be thereafter affirmed, on proof thereof by cer- tificate of the clerk of the appellate court, the town, city or village clerk shall assess the same, with interest, in the next tax roll. [E. S. 1878 s. 489; Ann. Stats. 1889 s. 489; ■7 c. 354; Stats. 1898 s. 489] FREE HIGH SCHOOLS. Free high schools; establishment; educational requirements. Section 490. 1. Any town, village, city or school district may establish and maintain not exceeding two high schools in the manner and with the privileges herein provided ; but no such school shall be established or maintained unless twenty-five persons of school age, resident of the town, city or village or school district, pass a satisfactory examination in the branches required to be taught in the common school and are prepared to begin a high school course. 298 Chap. 27 s. 490a J [The Common Schools. Question submitted to vote; notice. 2. The question of establishing such schools may be submitted by the town, district, village board, or common council to the legally qualified voters at any annual or special meeting or election upon written resolution therefor proposed for adoption ; provided that ten days' notice of such purpose embodying such resolution be given by posting five copies thereof in five different public places in such town, village, city or school district or by publishing such notice in any newspaper published in any such town, village, city or school district ten days prior to the time set for holding such meeting. District meetings of high schools of any kind shall be called for eight o'clock in the afternoon. The vote shall be taken by ballot and canvassed ac- cording to the statutes for conducting elections in such municipality, those ballots in favor being written or printed "For high school," those opposed, "Against high school." If the resolution be adopted such town, district, village or city shall constitute a high school dis- trict. But this section shall not apply to high schools already established. Defects, cured. 3. No action heretofore taken by any town, village, city or school district in voting to form a high school or joint high school shall be invalid by reason of any defect in the form of notice given or the time such notice shall have been given, posted or published ; but all steps heretofore taken by any town, village, city or school district in forming a high school or joint high school are hereby validated, and declared to con- form to law. [1875 c. 323; 1876 c. 132; R. S. 1878 s. 490; 1879 c. 245 s. 1; Ann. Stats. 1889 s. 490; 1897 c. 354; Stats. 1398 s. 490; 1905 c. 258; Supl. 1906 s. 490; 1907 c. 113; 1909 c. 217; 1915 c. 181, 620] Vote on dissolution of high school district; notice; ballot form. Section 490a. The electors of any town, village or city school district maintaining a free high school, may at any annual meeting or election, vote upon the question of surrendering the certifi- cate of organization of the free high school and the dissolving of the high school district ; provided, that ten days' notice of such purpose be given by posting five copies thereof in five different public places in such town, village, or city school district or by publishing such notice in any newspaper published in any such town, village or city school district ten days prior to the time set for holding such meeting. The vote shall be taken by ballot and canvassed according to the statutes for conducting elections in such municipality. Those ballots' in favor of the surrendering of the certificate and dissolution of the free high school district shall be written or printed "For surrender," those opposed, "Against surrender." [1907 c. 5SS; 1915 c. 620] Discontinuance of one of two high schools in district. Section 490&. 1. The elec- tors of any town, village, or city school district or of two or more adjoining towns or school districts, or one or more towns or school districts and an incorporated village or city having organized and maintained two free high schools, may at any annual or special meeting vote upon the question of surrendering the certificate of organization for one of the two free high schools. 2. Ten days' notice of such purpose shall be given prior to the annual or special school meeting by posting five copies of a resolution, setting forth that the electors will be called upon to vote on the question of surrendering the certificate of organization for one of the two free high schools, in five different public places in such town or towns or town and village or city school district or by publishing such notice in any newspaper published in such town or towns or village or town and village or city school district ten days prior to the time set for holding such annual or special meeting. 3. The vote shall be taken by ballot and canvassed according to the statutes for con- ducting elections in such municipality or municipalities. The ballots in favor of the sur- rendering of the certificates of one of the two free high schools maintained in such entire or joint free high school district shall be written or printed "For surrender;" those opposed "Against surrender." Such resolution shall not be adopted and the certificate of organization of one of the two schools shall not be surrendered unless a majority of all the votes cast in such town or towns or town and village or city or village be in favor thereof. 4. The resolution proposing the surrendering of the certificate of organization of one of the two free high schools shall be approved and submitted to a vote of the electors of the district or joint free high school district, and the notice of election, signed by at least a majority of the supervisors of each town, the trustees of each school district, the com- mon council of such city and the trustees of such village, if any, upon presentation to the town clerk or the school district clerk, or in a case of a joint free high school district to the town or village clerk in which the schoolhouse shall be located, a petition requesting that a special election be held for the purpose of voting upon such resolution, signed by five legal voters of such free high school or joint free high school district. [1911 c. 422; 1915 c. 620] 299 Chap. 27 s. 490 — 1. In all cases where the electors of a town or the electors of a town and an incorporated village, or of a town and a citv shall vote to establish a town free high school as provided by law, it shall 317 Chap. 27 s. 496/> — 2 J [The Common Schools. be lawful for the electors of the town free high school district and the electors of any ordinary school district, joint or entire, to direct and authorize their respective school* boards or boards of education to enter into an agreement binding upon the districts inter- ested whereby a building in which the town free high school and the district school or schools may be housed, may be erected and maintained jointly by the town free high school district and the other district interested. [1909 c. 498} Union free high school joint buildings. Section 496p — 2. It shall be lawful for the electors of any union free high school district and the electors of any ordinary school dis- trict included within the union free high school district, to direct and authorize their re- spective school boards or boards of education to enter into an agreement binding upon the- districts interested whereby a building in which the free high school and the district school or schools may be housed, may be erected and maintained jointly by the union free high school district and the other district .interested. [1911 c. 294} STATE AID FOR TRANSPORTATION AND TUITION OF. RURAL PUPILS. Conditions for state aid; how obtained. Section 496q-. Whenever the electors of any rural school district maintaining a one or two department rural school, shall direct the school board or the town board of school directors to close the district school, and pro- vide transportation and tuition for all persons of school age, who may desire to attend school, at a district maintaining a one or two department rural school, or a state graded school, or the grades below the free high school in a free high school district, each such rural school district shall receive special state aid in the sum of one hundred fifty dollars annually upon complying with the following conditions : (1) Transportation and tuition shall be provided for at least thirty-two weeks includ- ing legal holidays for all persons of school age desiring to attend school during the school year. (2) The average daily attendance of the pupils transported under the provisions of this act from any district or subdistrict to the school in any rural school district, or to a state graded school, or to the grades in a district maintaining a free high school shall be at least eighty per cent of the entire number enrolled for transportation to such school during each term of school. (3) The district board shall in all cases where the school is closed and transportation is provided by a team, enter into a written contract in the name of the district with one or more persons, whereby it is agreed that such person or persons are to safely and carefully carry or provide for carrying the children to and from the school or schools in the dis- trict where provision has been made for their schooling. (4) The driver of each transportation wagon shall be of good moral character, trust- worthy and responsible ; shall furnish a safe team and a suitable and comfortable bus or wagon well supplied for protections against stormy and inclement weather; such driver shall have control of and be responsible for the good order and behavior of the children while in the conveyance going to and returning from school, and shall prohibit the use of profane or unseeming language upon the part of the pupils, and shall report all cases of insubordination while on the wagon to the parents and to the school board of the district. Be it also understood that in cases where it is practicable conveyance by interurban, steam railway or automobile shall be equivalent for transportation or conveyance by a team. (5) No state aid under the provisions of sections 496q to 496?, inclusive, shall be paid' to any district providing transportation and tuition for its pupils at a district maintain- ing a rural school of one or more departments, unless the school in the district where such nonresident children attend shall be a first-class rural school as defined in sections 5fi0/ to 560m, inclusive, and acts amendatory thereof, and it is further provided that in case the district entering into a contract for the schooling of nonresident pupils, according to the provisions of sections 496q to 496?, inclusive, and shall fail to maintain a first-class rural school as provided in sections 560/ to 560m, inclusive, then such school districts shall for- feit their rights to collect tuition from the district where such nonresident children reside for such school year or part of a school year that the school in such school district shall not have been maintained as a first-class rural school. (6) The school board of each district taking advantage of sections 496g to 496t, in- clusive, shall make annually, on or before the first day of August, a special report under oath to the state superintendent of public instruction showing that the above conditions have been complied with, and this report shall give the names and ages of the persons transported, the number of days each such person was transported and attended school, the rate of tuition paid and the amount of tuition paid for each person. (7) It shall be the duty of the county superintendent of schools in any county where a rural school takes advantage of the provisions of sections 496g to 496?, inclusive, and 318 Chap. 27 s. 496r] [The Common* Schools. provides transportation and tuition for persons of school age at a rural school, to report annually to the state superintendent upon the blanks furnished by him, such information as he may request for the purpose of ascertaining' if the rural school in such district dur- ing the year for which aid is demanded was maintained as a first-class rural school, ac- cording to the provisions of sections 560/ to 560m, inclusive. (8) Upon the receipt of such sworn statement of the school board and in case of the attendance of pupils at a rural school of a satisfactory report from the county superin- tendent of schools, it shall be the duty of the state superintendent to certify to the secre- tary of state the amount due each such school district under the provisions of sections 496g to 496^, inclusive. It shall then become the duty of the secretary of state to draw his warrant for the amount certified in favor of the treasurer of each such school district. (9) In case of a disagreement concerning the standard of work done in any rural school, the decision of the state superintendent shall be final, and he shall have power either in person or through inspectors of schools, to investigate the quality of work done and equipment offered in any of the schools accepting nonresident pupils under the pro- visions of sections 496a to 496*, inclusive. [1907 c. 553; 1911 c. 618; 1911 c. 664 s. 147; 1915 c. 620] Notice of meeting. Section 496r. The school district board shall embody in the notices of every annual or special meeting at which any or all of the provisions of sec- tions 496g to 496(, inclusive, are to be considered, a statement to the effect that the electors will be called upon to vote upon such questions; said notices to be posted as provided in sections 426 and 4C7 of the statutes ; provided, however, that failure to include such state- ments in the notices posted for the annual school district meeting shall not prevent the electors from considering and voting upon such questions. [1907 c. 553; 1911 c. 61S; 1911 c. 664 s. 147] Appropriation. Section 496s. To carry out the provisions of sections 496g to 496*, inclusive, there is hereby appropriated annually out of the moneys assessed and collected under the provisions of section 1072a of the statutes, a sum sufficient to meet all the approved claims coming under the provisions of sections 496g to 496*, inclusive. [1907 c. 553; 1911 c. 618; 1911 c. 664 s. 147] Tax apportionments not affected by transportation. Section 496*. Each district taking advantage of sections 496g to 496*, inclusive, shall receive the same apportionment of the state and other taxes as provided by law, as would have been received had school been maintained in the district. [1907 c. 553; 1911 c. 663 s. 107] CONSOLIDATION of rural schools. Consolidation of rural sc v ~ols: petition. Section 496 — 1. 1. Whenever fifteen per cent of the electors of any rural school district, and one or more contiguous school districts within or outside of an incorporated village shall petition therefor, the respective school boards shall meet at a place designated by the school board of the petitioning district having the largest population to fix a time for an election to determine whether the district schools within the districts shall be consolidated. They shall fix the date of the election at not less than two, nor more than four weeks from the time of their meeting and notify the district clerks of the date. Such election shall be called for eight o'clock in the after- noon. The district clerks of the respective districts shall post the notices of election as notices of school district meetings are posted. The elections shall be held by the school officers of the respective districts by written ballots. They shall report the result of the election in their respective districts to the clerk cf the district in which the meeting to fix the time of the election is held, within three days after the election. The respective school boards one week after the election shall meet in the same manner and place as for calling the election and shall canvass the returns. 2. If a majority of those of each district voting at the election vote in favor of con- solidating the district schools in their respective school districts, the territory included constitutes a consolidated rural school district. 3. The school boards at the time of canvassing the returns shall appoint a time and place for the first district meeting and shall post a written notice thereof in at least three public places in each of the several districts which compose the consolidated school dis- trict. [1913 c. 380; 1915 c. 181 ; 1915 c. 371 s. 2; 1915 c. 620] Organization of consolidated district. Section 496 — 2. A consolidated rural school district shall be deemed organized when any two of the officers elected at its first legal meeting file with the clerk of the meeting for canvassing the returns their written accept- ances of the office to which they have been respectively elected, or when it has exercised the franchises and privileges of the district for the term of one year. A consolidated 319 Chap. 27 s. 496— 3 J [The Common Schools. rural school district lawfully organized is a body corporate and possesses the usual powers- of a public corporation, by the name and style of "Consolidated Rural School District No of . . . ." (the town or village, as the case may be, in which the school building- is located or proposed to be located). Such numbers shall be designated by the board or boards in the order of the formation of consolidated rural school districts. The board shall make its contracts in its corporate name. [1913 c. 380] Transfer of property of old districts. Section 496 — 3. When a consolidated rural school district shall be lawfully organized, the school districts out of which it shall have been formed shall cease to exist as school districts or bodies corporate, and the title to all property and assets of every nature of the several school districts out of which it was or- ganized, shall thereupon become vested in the consolidated rural school district, and all valid subsisting claims and obligations against and contracts of the said several school dis- tricts shall continue to be valid claims and obligations against them severally. All claims- and obligations arising after the formation of a consolidated school district shall be against the consolidated school district. The consolidated rural school district shall maintain and conduct the schools theretofore maintained and conducted by the several districts until such time as the consolidated rural school district shall have purchased or erected and equipped a building in which school can be conducted. [1913 c. 380; 1915 c. 620] May borrow money. Section 496 — 4. The consolidated rural school district estab- lished under sections 496 — 1 to 496 — 12, inclusive, shall have authority to borrow money under the conditions specified in sections 474, 475 and 476 of the statutes. [1913 c. 380] School fund income. Section 496 — 5. Consolidated rural school districts shall be entitled to and shall share in the distribution of the common school fund income and other school funds, in the same manner as school districts maintaining common and graded schools. In case a high school is maintained, the consolidated rural school shall be en- titled to and share as in the case of union free high schools. [1913 c. 380] Special state aid. Section 496 — 6. Special state aid partially to defray the cost of erecting and equipping a school building shall be granted to consolidated rural school districts whether consolidated as provided in sections 496—1 to 496 — 12, inclusive, of the statutes, or in any other way provided by law as follows : (1) To a consolidated rural school district maintaining a school consisting of one de- partment formed by the uniting of two or more school districts one-half the cost, not to exceed one thousand dollars to any one school; (2) To a consolidated rural school district maintaining a school consisting of a graded school of two departments, formed by the uniting of the schools of two or more school districts one-half the cost, not to exceed fifteen hundred dollars to any one school; (3) To a consolidated rural school district maintaining a school consisting of a graded school of three departments, formed by the uniting of the schools of two or more school districts one-half of the cost, not to exceed two thousand dollars to any one school; (4) To a consolidated rural school district maintaining a school consisting of a graded school of four or more departments, formed by the uniting of the schools of three or more school districts one-half of the cost, not to exceed three thousand dollars to any one school ; (5) To a consolidated rural school district maintaining a school consisting of a graded school and a high school, formed by the uniting of all the districts of a township, onemalf of the cost, not to exceed five thousand dollars to any one school. [1913 c. 380; 1915 c. 371 s. 2; 1915 c. 570, 620] Plans and estimates. Section 496 — 7. All plans and expense accounts for addi- tions to school buildings, or for new buildings under sections 496 — 1 to 496 — 12, inclusive, shall be submitted to the state superintendent. No state aid shall be granted unless the state superintendent has approved the plans when thus submitted. [1913 c. 380] Reports. Section 496 — 8. The clerk of the school board of consolidated rural school districts shall, on or before the fifteenth day of July of each year, make to the state superintendent of public instruction a report stating the number of departments in the school, the total expense for the previous year, and such other information as the state superintendent of public instruction requires. [1913 c. 380] Transportation of pupils. Section 496 — 9. The officers of any consolidated rural school district may enter into contracts for the transportation of pupils to the consoli- dated rural schools maintained under their authority. [1913 c. 380] Transportation of pupils to consolidated schools. Section 496 — 10. The school board of any consolidated rural school district established and formed under the provi- sions of sections 496-— 1 to 496 — 12, inclusive, must provide transportation to and from the consolidated school for all children of school age residing more than two miles from such consolidated school, the distance to be measured by the regularly traveled highway. In case the electors of .such consolidated rural school district fail to levy a sufficient amount to enable the school board to provide for the transportation as required bv this section,. 6M Chap. 21 s. 496— 12J [The Common Schools. the board shall on or before the second Wednesday in November certify to the town clerk a tax sufficient to meet all obligations arising on account of contracts entered into for the transportation of children living more than two miles from school, which tax, when so certified to the town clerk, shall be levied and collected as other district taxes are now levied and collected. [1913 c. 380; 1915 c. 371 s. 3] Section 490—11. [Repealed by 1915 c. 371} Transportation agreement with parents; accounts. Section 496 — 12. It shall also be lawful for the electors to authorize the school board to enter into an agreement with the parent, guardian or other person in charge of any pupil, to compensate such parent, guardian or other person, for transporting any pupil or pupils to and from school, and to enter into contracts for the transportation to and from school of all persons of school age who attend, and to levy a tax therefor. In all cases where the distance from the home of the pupil or pupils who are to be transported is two miles or less by the nearest traveled highway, the sum per pupil so paid shall be such as may be authorized by the electors; and in all cases where the distance is more than one and less than two miles, the state shail pay five cents per day, and where the distance is more than two miles, ten cents per day for each pupil transported regularly to and from school in some reasonable and comfort- able manner for a period of not less than five months. The school board and the principal teacher of the school in which such pupil is enrolled shall, on or before the fifteenth day of July of each year, make under oath a report giving the name and showing the distance and number of days each pupil was transported, the mode of transportation, and the 'total amount claimed bv the districts on account of such transportation. [1913 c. 380; 1915 c. 620.] MISCELLANEOUS. Appeals to state superintendent. Section 497. Any person conceiving himself ag- grieved by any decision made by any school district meeting or by any town board in forming or altering or in refusing to form or alter any school district, or by any other thing clone by any officer or board under the provisions of this chapter, may appeal to the state superintendent. Such appeals shall be taken and heard in the manner pre- scribed by him and he shall make and file his decision within thirty days after the hearing thereof is closed. The decision appealed from shall be operative until the same shall be reversed; and no decision on appeal to said superintendent made by him after the lapse of thirty davs from the time the hearing thereof is closed shall be effectual. [1863 c. 155 s. 122; 1864 c. 255 s. 1; R. S. 1S78 s. 497; Ann. Stats. 1889 s. 497; 1897 c. 354; Stats. 1898 s. 497] Limitation as to time when review may be had. Section 497a. No review of the decisions of the state superintendent on matters decided by him shall be had unless pro- ceedings by certiorari or other appropriate action be brought within thirty days after such determination by him, or in cases heretofore decided by him, within thirty days after this act takes effect. [1901 c. 184 s. 1; Supl 1906 s. 497a; 1907 c. 118] Clerk's liability. Section 49S. Every district clerk who shall wilfully neglect to make the annual report for his district as required by law shall be liable to pay the whole amount of money lost by such district in consequence of his neglect, which shall he recovered in an action in the name of and for the use of the district. [1863 c. 155 s. 126: R. S. 1S78 s. 49S; Ann. Stats. 1889 s. 498; 1897 c 364; Stats. 1898 s. 498] Town clerk and superintendent's liability. Section 499. Every town clerk who shall neglect or refuse to make and deliver to the county superintendent his annual re- port as required in this chapter within the time limited therefor shall be liable on his official bond to pay the town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon; and every county superintend- ent who shall neglect or refuse to make the report required of him by this chapter to the state superintendent shall be liable to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either £ase in an action prosecuted by the town treasurer in the name of the town. All money collected or received by any town treasurer under the provisions of this section shall be apportioned and distributed to the school districts entitled thereto in the same manner that the money lost by any such neglect or refusal would have been apportioned and distributed. [1863 c. 155 s. 127, 129, 130; R. S. 1878 s. 499; Ann. Stats. 1S89 s. 499; 1S97 c. 354; Stats. 1898 s. 499] Neglect of duty. Section 500. Every taxable inhabitant receiving the notice men- tioned in sections 413 and 415, and every chairman ef the first district meeting in any district who shall wilfully neglect or refuse to perform the duties enjoined upon him by this chapter, shall respectively forfeit the sum of five dollars. Every person duly elected 21 321 Chap. 27 s. 501] [The Common - Schools. to the office of director, treasurer or clerk of any school district who shall neglect or re- fuse without sufficient cause to accept such office and serve therein, or who, having en- tered upon the duties of his office, shall neglect or refuse to ■perform any duty required of him by the provisions of this chapter, shall forfeit the sum of ten dollars ; and every school district officer who shall neglect or refuse to deliver to. his successor in office all records, books and papers appertaining to such office shall forfeit not exceeding fifty dol- lars. [1863 c. 155 s. 125; 1863 c. 156 s. 123; 1868 c. 175 s. 1; R. S. 1378 s. 500; Ann. Stats. 1889 s. 500; 1897 c. 354; Stats. 1898 s. 500] Who not to deal in schoolbooks, etc. Section 501. Neither the state superintend- ent, his assistant, nor any person in his office, nor any county superintendent, nor school district officer, nor any officer or teacher connected with any public school shall act as agent or solicitor for the sale of any schoolbooks, maps, charts, school library books, school furniture, apparatus or stationery, or furnish any assistance to or receive any reward therefor from any author, publisher, bookseller or dealer doing the same. Every person violating this section shall forfeit not less than fifty nor more than two hundred dollars for each offense and be liable to removal from office therefor. [1877 c. 172; R. S. 1878 s. 501; Ann. Slats. 1889 s. 501; 1897 c. 354; Stats. 1898 s. 501] Drawing unauthorized order. Section 502. Every district clerk who shall draw an order upon the treasurer for any purpose not authorized by law, and every director who shall countersign such order, shall forfeit for each such order not less than twenty nor more than one hundred dollars. [1863 c. 155 s. 136; R. S. 1878 s. 502; Ann. Stats. 1889 s. 502; 1897 c. 354; Stats. 1898 s. 502] Refusal to enforce decision. Section 504. In case the town board or any other offi- cer shall neglect or refuse to carry into effect any decision of the state superintendent made upon an appeal from their or his action or refusal to act, each supervisor or other officer refusing or neglecting shall forfeit the sum of fifty dollars; and every town clerk who shall so neglect or refuse shall also be liable to removal by the town board upon proper notice thereof. [1863 c. 155 s. 127, 128; R. S. 1878 s. 504; Ann. Stats. 1889 s. 504; 1897 c. 354; Stats. 1898 s. 504] Recovery of forfeitures. Section 505. All actions for the recovery of any forfei- ture incurred under the provisions of this chapter shall be prosecuted by the director of the school district interested, except when such director has incurred a forfeiture, in which case such action shall be prosecuted by the treasurer of such district; and in case either shall refuse or neglect to prosecute he shall forfeit twenty dollars. All forfeitures recovered shall be first applied to the necessary expenses of such prosecutions, and one- half of the remainder shall be paid into the district treasury for the use of the district and the other half to the county treasurer for the benefit of the school fund. [1863 c. 155 s. 128, 134; R. S. 1878 s. 505 ; Ann. Stats. 1889 s. 505; 1897 c. 354; Stats. 1898 s. 505] _ By voter. Section 506. Whenever any person or officer designated in this chapter to prosecute an action for a forfeiture or for a neglect of duty shall fail to prosecute such action for the space of ten days after being requested in writing by a voter of the proper district so to do, any voter may prosecute such action for the recovery of such forfeiture or for any neglect of duty in the manner herein prescribed. [1863 c. 155 s. 138; R. S. 1878 s. 506; Ann. Stats. 1889 s. 506; 1897 c. 354; Stats. 1898 s. 506] Removal of officers. Section 507. Any school district officer may be removed from office by the county judge for wilful neglect of any duty upon the written application of the majority of the legal voters of his district or of any person aggrieved by such neg- lect, containing a full statement of all the charges preferred against him. A copy thereof, with a notice of the time and place when and where a hearing upon the same will be had, shall be served upon such officer at least ten days before such hearing. Such officer shall have full opportunity to be heard in his defense; and the judge, upon satisfactory proof of such neglect of duty, may by order remove such officer from his office, and in case of removal shall forthwith file such order in the office of the town clerk and cause a copy thereof to be served upon each of the other officers of the district. The person so re- moved from office shall not be appointed to fill the vacancy occasioned by such removal; and for all services performed by the county judge under the provisions of this section he shall receive three dollars for each day actually employed, to be paid by the county. [1868 c. 175 s. 1, 2; R. S. 1878 s. 507; Ann. Stats. 1889 s. 507; 1897 c. 354; Stats. 1898 s. 507] Section 508. [Repealed by 1911 c. 355] Section 509. [Repealed by 1915 c. 426] Part of library. Section 510. All such dictionaries heretofore or hereafter re- ceived by the several districts shall belong to the district library, but during the time a school is taught thev shall be and remain in the schoolrooms during the hours of school. 322 Chap. 27 s. 511 J [The Common Schools. for the exclusive use of the scholars and teachers, and under the control of the teachers or principals, who shall be responsible to the districts for their loss or for any unneces- sary damage they may receive. [1867 c. 16 s. 3; R. S. 1878 s. 510; Ann. Stats. 1889 s. 510; 1897 c. 354; Stats. 1898 s. 510] Payment of money. Section 511. The state superintendent shall pay to the state treasurer all money received on account of dictionaries sold as aforesaid, and render an account of all dictionaries sold in his report to the governor. [1867 c. 32 s. 2; R. S. 1878 s. 511; Ann. Slats. 1889 s. 511; 1897 c. 354; Stats. 189S s. 511] Residents, who are; county's liability. Section 512. Every person of lawful school age maintained as a public charge shall, for school purposes, be deemed a resident of the district in which he lives ; for every person so maintained'by the county the county board shall for each year allow to the district in which such person may attend school an amount for each person so attending equal to the amount expended in that year for each pupil in such district for school purposes; and in case such person be maintained by any town, such town board shall allow a like amount to such district. Such account shall be reckoned by the district officers without reference to the number of pauper children at- tending such school. [1873 c. 156; R. S. 1S78 s. 512; Ann, Stats. 1889 s. 512; 1897 c. 354; Stats. 1898 s. 462, 512] Women may be officers. Section 513. Women of the age of twenty-one or more years who reside and for one year next prior to their election or appointment have re- sided in any school district, town, city, or county, are eligible by election or appointment to the offices of director, treasurer and clerk of such district, member of the school board or board of education of such city, town inspector of schools of such town and county su- perintendent of such county. [1875 c. 120; R. S. 1878 s. 513; Ann. Stats. 1889 s. 513; 1897 c. 354; Stats. 1898 s. 513; 1911 c. 536; 1911 c. 664 s. 113; 1915 e. 620] Powers of boards; application of chapter to cities and villages. Section 515. Every such board or other body aforesaid shall have all the powers and be charged with all the duties imposed by these statutes on school district boards so far as th'e same are not pro- vided for or limited by the special provisions of the act of incorporation or other act under which such board or body is constituted. Every city or village not having a system of school government specially provided by law therefor shall be governed by the provisions of this "chapter. [1869 c. 182 s. 36; R. S. 1878 s. 515; 1883 c."251 s. 3; Ann. Stats. 1889 s. 514, 515; 1897 c. 380; Stats. 1S98 s. 440a, 515] Free lectures. Section 515a. The board of school directors of any school district or the board of education of any city is authorized and empowered to provide for employ- ment of competent persons to deliver lectures on the natural sciences, on historical, lit- erary, or other educational subjects, in the public school buildings, in public library buildings or in other suitable places of said district or city, and to particularly provide for the further education of the adult persons of such community. [1901 c. 336 s. 1; 1905 c. 125 s. 1; Supl. 1906 s. 515a; 1907 c. 75, 118; 1911 c. 498] ' Purchase of books; control of lectures. Section 515b. The said board of education shall have power to purchase the books, stationery, charts and other things necessary and expedient to successfully conduct said lectures and may designate some person who shall have the management and control of such lectures. [1901 c. 336 s. 2; 1905 c. 125 s. 2; Supl. 1906 s. 515b; 1907 c. 75, 118] No admission fee to be charged ; lectures, when to be given. Section 515c. No ad- mission fee shall be charged and at least one school building or public library building shall be designated by said board of education for the purpose of carrying out the provi- sions of this act; and said lectures shall be delivered in such school or library building between the first day of October and the thirty-first day of March in each year, which lectures shall be advertised in a newspaper published in said city at least one week in ad- vance of the delivery thereof. [1901 c. 336 s. 3; 1905 c. 125 s. 3; Supl. 1906 s. 515c; 1907 c. IIS] Appropriation. Section 515c?. The board of education is hereby authorized, pre- vious to the first day of September in each year, to meet and provide the necessary ap- propriation for the purpose of carrying out the provisions of sections 515«, 515& and 515c. [1901 c. 336 s. 4; 1905 c. 125 s. 4; Supl. 1906 s. 515d; 1907 c. 118; 1911 c. 663 s. 32] Employment of high school principal for term of three years. Section 515m. The school board of any school district maintaining a free high school or a union free high school and not containing a city in which a city superintendent is employed may contract with a qualified teacher who shall have had at least one year's experience as a principal of a high school to act as principal of such high school for a term of not more than three vears. [1915 c. 19S] 323 Chap. 27 s. 516 j [The Common Schools, Township system abolished; procedure on winding up. Section 516. 1. Whenever the township system shall be abolished in any town, the town board of supervisors of said town shall meet for the purpose of creating and forming suitable independent dis- tricts, Such meeting shall be held between the first day of March and the first day of June, 1912. Due notice giving the time and place (day and hour) of such meeting shall be given in writing to each school officer in the town, and a copy thereof shall be posted in at least four public places in each subdistrict, and another copy affixed to the outer door of each schoolhouse in Ihe town, not less than ten, nor more than fifteen days pre- vious to the day of meeting fixed in the notice. If one or more weekly newspapers are published in the town, publication of the notice in such paper or papers for at leac two consecutive weeks immediately preceding the meeting shall answer in place of service and posting of notices. 2. The supervisors shall grant a public hearing and when the hearing is closed the/ shall at once iiroeecd to create one or more suitable independent districts making the order to take effect on Saturday, June 22, 1916, and the date for the first district meeting shall be the first Monday in July at eight o'clock in the afternoon. When assembled at such meeting the electors shall have power to elect a clerk for one year, a treasurer for two years and a director for three years, and to transact any and all other business pro- vided for by section 430 of the statutes. If a town operating under the township system is indebted to the state or to any individual, firm or corporation, the supervisors shall determine the amount of such indebtedness due from each new district and certify such amount to the clerk of the new district and file their determination in the office of the town clerk. It shall be the duty of the town clerk to send at once a certified statement of the indebtedness as apportioned to the different districts, to the individual, firm or cor- poration, or the secretary of state, as the case may be, and it shall also be the duty of the town clerk to place in the tax roll annually, the amount of principal and interest to be collected from each district to meet its obligations. 3. In eases where there are joint subdistricts between two or more towns, one or both under the township system, the boundaries of such subdistrict shall not be affected by the order made to go into effect June 22, 1912, but it shall be organized as other independent districts, and shall constitute an independent joint district, the boundaries of which may be changed later by the proper authorities under the statutes providing therefor. The order creating and designating a district shall, if practicable, use the number of the sub- district abolished and the notice to the taxable inhabitant shall be given by the supervi- sors of the town in which the schoolhouse is located, and if there be more than one school- house, by the supervisors of the town in which the oldest schoolhouse is located. 4. It is further provided that the supervisors are not limited in determining the area of any school district formed under this act, but no school district shall be formed that does not at the time of its formation have residing within its boundaries at least fifteen persons of school age. Be it also understood that the electors of any school district shall have full power, at any annual or special district meeting, to select as many schoolhouse sites and to direct the school board to erect as many school buildings in different parts of the district as may be needed to accommodate the school population, or to provide trans- portation for any or all children, or children only residing more than one and one-half miles from the school. [1S69 c. 182; 1872 c. 94; E. S. 1878 s. 516-553; 1882 c. 72; 1883 c. 63; 1SS7 c. 297; 1SS9 c. 292, 293; Ann. Slats. 18S9 s. 516-553; 1893 c. 215; 1895 c. 276; 1897 c. 90, 354; Stats. 1898 s. 516-553; 1901 c. 160, 351, 416; 1909 c. 104, 131; 1911 e. 388; 1911 c. 664 s. 61; 1915 c. 181] Inspection of school buildings. Section 517. 1. The inspector of rural schools, the inspectors of state graded schools, and the inspector of high schools of the state, in addition to their other duties, are hereby made inspectors of public school buildings. Said inspectors shall act under the direction of the state superintendent, and under such regula- tions as may be established by him. 2. Whenever any county or district superintendent, city superintendent, member of a school board or board of education, or any voter of a school district, or a member of a board of health, shall make a complaint in writing to the state superintendent that any building used for or in connection with any public school in his county, district, city, Til- lage or town, as the case may be, is in an unsanitary condition, or that the conditions are such as to endanger the life and health of the children attending school, or that the school- house is unfit for school purposes, one of said inspectors designated by the state superin- tendent shall personally investigate and examine the premises and buildings concerning which said complaint is made. 3. Upon such investigation and examination said inspector shall, if conditions warrant it, make an order directing the school board, the board of education, or other officer or 324 Chap. 27 s. 553 — 1] [The Common Schools. officers having control of the school district or school corporation, to repair and improve such building or buildings as may be necessary, and to place said buildings in a safe and sanitary condition; or if said inspector shall deem the school-house unfit for school pur- poses and not worth repairing he shall state said fact and recite the reason therefor. 4. The said inspector shall file said order in the state superintendent's office, and cause , true copies thereof to be delivered, by mail or otherwise, to the clerk of the district board, the clerk of the board of education of the district or school corporation where such school- house and premises are located, and shall deliver as provided herein copies of said order to the proper county, district or city superintendent, and also the clerk of the town, city or village in which the schoolhouse is located. 5. The said order shall state the time in which it shall be complied with, and shall take effect from its date, and shall continue in force and full effect until reversed. The deci- sion of the inspector may be appealed frbm to the state superintendent in the time and manner now provided for taking appeals to said superintendent, and the decision ap- pealed from shall be stayed, pending such appeal. G. "Whenever any school district, school corporation, school board, or board of educa- tion, shall refuse to comply with the order of said inspector within the time herein spec- ified, such school district or school corporation shall forfeit absolutely its apportionment of the .fund derived from the seven-tenths mill tax, provided for in section 1072a of the statutes, and amendments thereto, and shall continue to so forfeit its regular apportion- ment of such fund until there is full compliance with the requirements of said order, un- less the electors of said school district shall vote to instruct the school board to close the district school and provide transportation and tuition for all children of school age in the district desiring to attend school at some neighboring school or schools, as provided for in section 496g of the statutes. 7. Nothing in this section shall be deemed to interfere with the operation of the pro- vision of subsection (3) of section 4G1 of the statutes, relating to the duties of county su- perintendents of schools, or with the provisions of section 14186 of the statutes, relating to the inspection and regulation of the sanitary conditions of schoolhouses by boards of health. [1909 c. 550; 1911 c. 388 s. 1; 1913 c. 30] Sections 518 to 553, inclusive. [Repealed by 1911 c. 38S] Township school bonds binding. Section 553 — 1. All bonds heretofore issued by any school district organized under the township system, where the issue of such bonds has in fact been submitted to the electors of said district at any election therein held, and a majority of the votes cast at such election in favor of the issue of such bonds, and the bonds have in fact been issued and sold, and the proceeds thereof actually paid to such district, are declared to be in all respects legal, binding and valid obligations of the school district so issuing the same according to the terms of such bonds. [1907 c. 199 ; 1907 c. 676 s. 12} General district law applied to township issues. Section 553 — 2. Such districts or- ganized under the township system are authorized to issue bonds or other legal obliga- tions as fully and to the same extent as if organized under the general law relating to other school districts. [1907 c. 199; 1907 c. 676 s. 12} Physical education. Section 553a. 1. "Physical education" as used herein is de- fined as instruction in the theory and practice in the art of physical exercise and instruc- tion in hygiene. 2. School boards, or boards of education in school districts, embracing in whole or in part an incorporated city, shall make provision for the training of all pupils under their jurisdiction in physical education. The school boards in other school districts, sep- arately or jointly, may make the same provision. 3. The board of regents of the state normal school shall provide and shall require a definite and thorough course in the theory and art of physical education, and instruction in games and playground management, to be taught in every state normal school. Exam- ination in this branch shall be required of all candidates for a normal school diploma and normal school certificate, the same as in other branches of study of the normal school course of study. 4. The county training school board of each and every county training school for teachers now or hereafter to be organized in this state shall require a course of instruc- tion in physical education and instruction in games and playground management to be taught in every county training school. [1897 c. 86; Stats. 1893 s. 553a; 1911 c. 228} Moral and humane instruction. Section 553a — 1. In all public schools in this state it shall be the duty of each and every teacher to teach morality, for the purpose of elevat- ing and refining the character of school children up to 1 the highest plane of life; that they may know how to conduct themselves as social beings in relation to each other, as respects 325 Chap. 27 s. 5536] [The Common Schools. right and wrong and rectitude of life, in addition to the other branches of study now pre- scribed, and kindness to and humane treatment and protection of dumb animals and birds, their lives, habits, and usefulness, and ^he important part they are intended to fulfill in the economy of nature, and such studies on the subject as the board, of education may adopt. [1913 c. 506] Investment of school funds. Section 553b. The board of education or school board of any city having the care or custody of school funds or management of the finances of the public schools therein may, by a vote of a majority of all of its members-elect, in lieu of designating banking depositories or any other disposition provided for the care or keep- ing of such funds, invest the same or such portion thereof as it may deem expedient in the registered bonds of the United States at their market value. Whenever such board shall decide to make any such investment the treasurer of such board shall be directed to pur- chase such bonds with such funds and register and keep the same under such regulations as such board may prescribe. Whenever such bonds have been purchased such board may direct its treasurer to sell the same or any part thereof for cash at their market value, from time to time for current expenses, as said board shall deem expedient. [1897 c. 88; Stats. 1898 s. 553b] COUNTY SCHOOLS OF AGRICULTURE AND DOMESTIC SCIENCE. County schools of agriculture and domestic science; organization; maintenance. Section 553c. 1. The county board of any county is hereby authorized to appropriate money for the organization, equipment, and maintenance of a county school of agricul- ture and domestic economy. The county boards of two or more counties may unite in establishing such a school and may appropriate money for its organization, equipment, and maintenance. Notice. 2. Immediately after the county board or county boards shall vote to estab- lish a county school of agriculture and domestic economy, the county clerk or clerks of such county or counties, shall notify the dean of the college of agriculture of such vote for the establishment of such school. Location. 3. The dean of the college of agriculture, the state superintendent of pub- lic instruction, and the president of the board of agriculture, acting as a committee for such purpose, shall decide upon and notify the county board or boards as to the proper location for such county school of agriculture and domestic economy and the county school of agriculture and domestic economy shall be located at such place as is determined upon by such committee. Loans; bonds. 4. The county board or boards of any county or counties so estab- lishing such school is hereby authorized and empowered to borrow money, issue and sell bonds for the purpose of procuring and paying for the necessary grounds and erecting the necessary^ buildings, and for improving the same from time to time, for such county schools of agriculture and domestic economy. [1901 c. 288 s. 1; Supl. 1906 s. 553c; 1907 c. 118^1909 c. 313; 1911 c. 429] Board for, how appointed; vacancies on; oath of members; organization. Section 553d. A board to be known as the county school board is hereby created, which shall have charge and control of all matters pertaining to the organization, equipment, and maintenance of such school, except as otherwise provided by law. Said board shall con- sist of three members, one of whom shall be the county superintendent of schools of the county or district, in which the school is located. The other members of the board shall be elected by the county board, for the term of three years from the date of their election, "but no member of the county board shall be eligible." Vacancies existing in the board from whatever cause, except in the case of the county superintendent, shall be filled by appointment made by the chairman of the county board, if the county board is not in session when such vacancy occurs. If the county board is in session, vacancies shall be filled by election by said board for the unexpired term. Appointments made by the chair- man of the county board, as hereinbefore specified, shall be for the term to elapse until the next regular meeting of the county board. Each person appointed or created a mem- ber of the county school board, shall within ten days after the notice of such appointment, take and subscribe an oath, to support the constitution of the United States and the con- stitution of Wisconsin, and honestly, faithfully, and impartially to discharge his duties as a member of said board, to the best of his ability, which oath shall be filed in the office of the county clerk. He shall also, within the same time, file a bond in such sum as may be fixed by the county board, which bond shall be filed in the office of the county clerk. Within fifteen days after the appointment of said board, the members thereof shall meet and organize by electing one of their number as president. The counrv superintendent 326 Chap. 27 s. 553ej [The Common Schools. of schools shall be, ex officio secretary of the said board. The said board shall prescribe the duties of the several officers, except as fixed bv law. [1901 e. 288 s. 2; Supl. 1906 s. 553d; 1907 c. 113] When two or more counties unite. Section 553e. Whenever two or more counties unite in establishing such a school, the provisions of section 553cZ shall apply to the organ- ization of the county school board, and to filling vacancies therein, provided that the county superintendent of the county in which the school is located shall be a member of the board and ex officio its secretary, and two members shall also be elected from each county by the countv board thereof. "But no member of the county board shall be eligi- ble." [1901 c. 233 s. 3; Supl. 1906 s. 553e; 1907 c. 118; 1911 c. 663 s. 33] Apportionment of amounts for maintenance. Section 553/. Whenever two or more counties unite in establishing and maintaining such school, the county school board pro- vided for in such cases shall determine the amount of money necessary for the equipment and maintenance of the school for the second year, and annually each year thereafter; they shall apportion the amount to be raised by taxation among the counties in propor- tion to the assessed valuation of each county, as last fixed by the state board of assess- ment, and shall report to the county clerk of each county the apportionment so made on or before the first Monday of November in each year. The amount so apportioned to each county shall be levied in the county tax for the ensuing }-ear for the support of the school. [1901 c. 233 s. 4; Supl. 1906 s. 553f; 1907 c. 118] County treasurer ex officio treasurer of board. Section 553g. The county treasurer shall be ex officio treasurer of said board; all moneys appropriated and expended under the provisions of sections 553c to 553Z, inclusive, shall be expended by the county school board, and shall be paid by the county treasurer or treasurers on orders issued by said board, and all moneys received by said board shall be paid to the county treasurer for the fund of the county school board. [1901 c. 238 s. 5; Supl. 1906 s. 553g; 1907 c. 113; 1911 c. 663 s. 34] " Courses of study. Section 553/t. In all county schools of agriculture and domestic economy organized under the provisions of sections 553c to 553Z, inclusive, instruction shall be given in the elements of agriculture, including instruction concerning the soil, the plant life, and the animal life of the farm; a system of farm accounts shall" also be taught ; instruction shall also be given in manual training and domestic economy, and such other subjects as may be prescribed. [1901 c. 288 s. 6; Supl. 1906 s. 553h; 1907 c. 118; 1911 c. '663 s. 34] Land to be had in connection. Section 553i. Each such school shall have connected with it a tract of land suitable for purposes of experiment and demonstration, and not less than three acres in area. [1901 c. 288 s.7; Supl. 1906 s. 553i; 1907 c. 118] Schools to be free; special instruction. Section 553./'. 1. The schools organized under the provisions of sections 553c to 553Z, inclusive, shall be free to inhabitants of the county or counties contributing to their support, who shall be qualified to pursue the course of study; provided, they shall have at least the qualifications required for completion of the course of study for common schools. Whenever students of advanced age desire ad- mission to the school during the winter months in sufficient number to warrant the organ- ization of special classes for their instruction, such classes shall be organized and continued for such time as their attendance may make necessary. 2. Whenever any person not residing in a county maintaining a county school of agri- culture as provided in sections 553c to 553/., inclusive, shall become a student in any such school, the board thereof is hereby empowered to charge a tuition fee for such person to be fixed by a majority of the members of said board at a regular meeting thereof, provided that such tuition fee shall not exceed one dollar per week for each nonresident pupil. 3. The county board of the county of which such person is a bona fide resident, is hereby authorized to, and shall provide, by tax upon the property of the county, a sum sufficient to provide for the payment of the tuition on account of the residents of said county who have attended such county school of agriculture and domestic economy, and the amounts so levied shall be collected when and as other taxes are collected, and shall be paid by the county treasurer of said county to the county treasurer of the county in which the county school of agriculture and domestic economy enrolling such person is situated; and the amount so received by such treasurer shall be placed to the credit of the countv school of agriculture. [1901 c." 288 s. 8; Supl. 1906 s. 553 j; 1907 c. 118 j 1911 c. 663 s. 34; 1913 c. 285] Duty of state superintendent. Section 553fc. The state superintendent shall give such information and assistance and establish such requirements as may seem necessary for the proper organization and maintenance of such schools. With the advice of the dean of the college of agriculture of the state university, he shall prescribe the courses of 327 Chap. 27 s. 5531] [The Common Schools. study to be pursued, and determine the qualifications required of teachers employed in such schools. He shall have the general supervision of all schools established under sections 553c to 5537, inclusive; shall from time to time inspect the same, make such recommendations relating to their management as he may deem necessary, and make such report thereon as shall give full information concerning .their number, character and efficiency. [1901 c. 288 s. 9; Supl. 1906 s. 553k; 1907 c. 118; 1911 c. 663 s. 34] Approved list. Section 553L 1. Any school established under the provisions of this act, whose course of study and qualifications of whose teachers have been approved by the state superintendent and the dean of the college of agriculture may, upon applica- tion, be placed upon an approved list of county schools of agriculture and domestic economy. A school once entered upon such list may remain listed and be entitled to state aid so long as the scope and character of its work are maintained in such manner as to meet the approval of the state superintendent ; provided, that he shall not place upon said list more than seven schools. Report. 2. On the first day of July in each year, the secretary of each county school board maintaining a school on the approved list, shall report to the state superintendent, setting forth the facts relating to the cost of maintaining the school, the character of the work done, the number and names of teachers employed and such other matters as may be required by the county board or the state superintendent. Upon the receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than eight months, during the year closing on the thirtieth day of the preceding June, the said superintendent shall make a certificate to that effect and file it with the secretary of state. State aid. 3. Upon receiving such certificate, the secretary of state shall draw his warrant, payable to the treasurer of the county maintaining such school, for a sum equal to the amount expended for wages of legally qualified teachers employed for at least eight months during the school year; provided that the total amounts so apportioned shall not exceed six thousand dollars to any one school in any one year when the average daily at- tendance shall be less than one hundred and twelve pupils, and shall not exceed the sum of seven thousand dollars when the average daily attendance shall exceed one hundred and twelve pupils and be less than one hundred and thirty-seven pupils, and shall not exceed the sum of eight thousand dollars when the average daily attendance shall exceed one hun- dred and thirty-seven pupils; when more than one county has contributed to the support of the school, the secretary of state shall draw his warrant payable to the treasurer of each county for such portion of the state aid as the amount contributed by his county is part of the total amount contributed by all the counties for the support of the school* for the preceding year. The aforesaid amounts shall be charged to the appropriation for state aid for county schools of agriculture and domestic economy. [1901 c. 288 s. 10; 1903 c. 143 s. 10; Supl. 1906 s. 5531; 1907 c. 118, 540; 1907 c. 676 s. 16; 1909 c. 313; 1911 c. 646; 1913 c. 772; 1915 c. 482] Teachers' minimum salary. Section 553Z — 1. No state aid shall be granted to any school for instruction given in agriculture, domestic economy, manual training or indus- trial branches, unless the salary paid to every teacher instructing in such subjects be at least at the rate of sixty dollars per month ; provided, that no school district, offering in- struction in such special branches shall be deprived of its right to share in the apportion- ment of state aid, that employs persons at a less salary per month to assist the legally qualified teachers in conducting such special work. [1911 c. 544; 1915 c. 480] Section 553Z— 2. [Repealed by 1915 c. 482] Section 553m. [Repealed by 1913 c. 772 s. 2] COUNTT BOARDS OF EDUCATION. County boards of education; five members. Section 553m — 1. Whenever at any annual county school board convention provided for in subsection 9 of section 461, the question of adopting county or district uniform school textbooks shall be voted upon, the vote shall be taken by school districts and each school district shall be entitled to one vote. If a majority of all the districts in the county or superintendent district is in favor of adopting county or district uniform school textbooks, it shall be the duty of said school board convention to immediately proceed to the election of a county board of education for such county or superintendent district, which board shall be composed of five persons, except as hereinafter provided. And said school board convention shall, at a regular annual meeting every four years thereafter elect five persons who shall consti- tute said county board of education. School officers residing in school districts not affected by the provisions of this act shall not be entitled to vote on the question of 228 Chap. 2/ s'. 553m — 2] [The Common Schools. uniformity of textbooks nor be entitled to participate in the election of the members of the county board of education. [1907 c. 561 ; 1911 c. 663 s. 35] Three members. Section 553m — 2. Whenever it shall be impracticable in any county to elect said board because of a limited number of persons in such county, possess- ing the qualifications in this act provided, the county school board convention shall elect three persons who shall constitute said board of education. [1907 c. 561] Terms of office. Section 553m — 3. The members of the county board of education so elected shall hold their offices for four years and until their successors are elected and qualified. [1907 c. 561] Vacancies. Section 553m — 4. The county school board convention shall fill all vacancies occurring in said board of education, excepting vacancies occurring between the annual meetings of said school board convention which shall be temporarily filled by said county board of education. [1907 e. 561] Members experienced teachers. Section 553m — 5. 1. No person shall be appointed to said county board of education who is not a legally qualified teacher and has not had at least five years' experience in teaching or in the supervision of public schools. Members not to be financially interested in books. 2. Nor shall any person be ap- pointed to or serve upon said board who is a dealer in textbooks or is an agent of, or directly or indirectly interested in, any person, firm or corporation engaged in the pub- lishing or furnishing of school textbooks, or who shall be directly or indirectly interested in any book or series of books as the author, associate author, or in any manner what- soever; and if any person shall become so interested during his term of office as member of said board of education, his office shall ipso facto become vacant, and be filled as pro- vided for other vacancies. Penalty. 3. Any such person who shall violate any of the provisions of this section while holding the office of member of said' county board of education shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail of said county not less than sixty days nor more than one year, or by both such fine and imprisonment. [1907 c. 561] Oath of members. Section 553m — 6. Each member of said county board of educa- tion shall, before entering upon the duties of his office, take and subscribe to the consti- tutional oath, of office and to faithfully, impartially and honestly perform and discharge the duties of his office; and shall in addition thereto swear that he is not directly or indirectly interested in or related to any publishing house, person, firm or corporation, engaged in publishing or furnishing of school textbooks, or any of their agents, and that he is not interested directly or indirectly in any book or series of books as the author, associate author, or otherwise; which oath shall be filed with the county clerk of each county. [1907 c. 561] Officers; quorum. Section 553m — 7. The members of said board of education shall within ten days after their appointment meet at the county seat and organize by electing one of their number president, and one secretary, and a majority of the board shall con- stitute a quorum for the transaction of business, except that in the selection or adoption of textbooks it shall require a majority vote of all the members of the board to adopt or change any textbook. [1907 c. 561] Rules. Section 553m — 8. The president and secretary so elected shall act as presi- dent and secretary at the meetings of the said board, and said board shall adopt such rules and regulations as may be necessary to the transaction of its business, not contrary to the provisions of sections 553m — 1 to 553m — 25, inclusive. [1907 c. 561; 1911 c. 663 s. 36] Signature of contracts; public minutes. Section 553m — 9. It shall be the duty of the president and secretary and they are hereby authorized to sign all contracts on behalf of said board, and it shall be the duty of the secretary to keep a full and complete record of all proceedings of said board of education in a book kept for that purpose, which book shall be deemed a public record and be kept in the office of the county superintendent of schools. [1907 c. 561] Meetings, annual and other. Section 553m — 10. Said county board of education shall hold an annual meeting at the county seat on the first Saturday in May, for the pur- pose of organization and the transacting of any business that may lawfully come before it, and they shall meet at such other times as may be deemed necessary by the majority of the board, and it shall be the duty of the president of said board to call a meeting at any time, upon the written request of three members or a majoritv of the board. [1907 c. 561] 320 Chap. 27 s. 553m— 11 J [The Commox Schools. Uniform textbooks adopted quadrennially. Section 553m — 11. Every county board of education shall, between the first day of January and the first day of July, next follow- ing the date of their appointment, and every fourth year after the first adoption of text- books, meet at the county seat and select and adopt a uniform series of textbooks for their respective counties. [1907 c. 561] Textbooks; what schools to use; contents. Section 553m — 12. The books so selected shall be used in all school districts of the county, except in districts and cities maintaining a free high school and in state graded schools of the first class, and shall include all branches provided by law to be taught in the district schools of Wisconsin; and none of said textbooks shall contain matter of a partisan or sectarian character. [1907 c. 561] Textbooks; how often changed. Section 553m — 13. Textbooks so selected and adopted by county boards of education for use in the schools of any county shall be intro- duced the following September and used by each and every district in the county, coming within the provisions of this act, and shall remain in use until the same shall be dis- placed or replaced by said county board of education; but no book selected, adopted and introduced into said schools shall in any manner be changed within five years from the date of adoption. [1907 c. 561] Books now in use; change. Section 553m — 14. In school districts that are now fur- nishing free textbooks it shall be optional with the board of any such district as to whether or not a change of the textbooks now in use shall be made; but whenever a change is made such textbooks or new textbooks shall be introduced, only such textbooks shall be selected as are prescribed and adopted under the provisions of sections 553w — 1 to 553m— 25, inclusive. [1907 c 561; 1911 c. 663 s. 36] Graded school textbooks. Section 553m — 15. Nothing in sections 553m — 1 to 553m — 25, inclusive, shall prevent state graded schools when they may deem it advisable, by a unanimous vote of the school board of any graded school from adopting, in lieu of the uniform series of textbooks provided for by the county board of education, the uni- form series of books regularly adopted for use in the grades of the nearest city school system. [1907 c. 561; 1911 c. 663 s. 36] Selection of books; points considered. Section 553m— 16. The textbooks selected and adopted by said board of education shall be selected after a careful examination and consideration of all lists or sets of books presented, and shall be the best books in the opinion of the board, taking into consideration quality of material used, illustrations, binding, price, and all other things that go to make up a desirable textbook ; merit, how- ever, shall be the main point to be considered in their selection. A majority vote of all the members of said board of education shall be required to adopt, change or readopt any and all textbooks. [1907 c. 561] Books supplementary. Section 553m — 17. Nothing contained in sections 553m — 1 to 553m — 25, inclusive, shall be so construed as to prevent school districts coming within the provisions of sections 553m — 1 to 553m — 25, inclusive, or the county board of edu- cation, from selecting, introducing and using additional and supplementary books at any time when they deem it necessary in order to establish and maintain the highest standard of excellence in their schools. [1907 c. 561; 1911 c. 663 s. 36] Good faith in use. Section 553m — 18. Such supplementary books shall not be used to the exclusion of the books prescribed and adopted under the provisions of sections 553m — 1 to 553m — 25, inclusive, and that full use be made in good faith of the books adopted under sections 553m — 1 to 553m — 25, inclusive. [1907 c. 561; 1911 c. 663 s. 36] Notices to book dealers. Section 553m — 19. Each and every county board of edu- cation shall at least thirty days before meeting to adopt textbooks send notice to text- book publishers and advertise in a newspaper of general circulation of the county a notice to the effect that said board will on a dajr named therein, meet at the county seat and select and adopt a uniform series of textbooks for the use of all the public district schools of said county, except in districts and cities maintaining a free high school and state graded schools of the first class, and shall invite proposals for the furnishing of such books, giving a list of textbooks to be selected, the publishers to state an exchange price, wholesale price and retail price to pupils or school districts during the period of their use in said county and such further information as said board of education may require. Said notice shall also state the time when proposals and samples of books must be submitted to them, and such further facts as the said board mav deem necessary [1907 c. 561] Sample books; price lists. Section 553m — 20. 1. Any person, firm or corporation desiring to furnish books under the provisions of sections 553m — 1 to 553m— 25, inclu- sive, in any county shall, at or before the time for filing his bid or proposition hereunder, 330 L'HAr. 2( s. 553m-- -21 J [The Common Schools. deposit in the office of the county superintendent of schools samples of all textbooks included in his bid, together with lists giving the lowest exchange price, whosesale price and retail price to pupils or school districts for the same. Collection of texts and lists. 2. Said samples and lists shall remain in the said su- perintendent's office, and shall be delivered by him to his successor in office, and shall be kept by him in such safe and convenient manner as to be open at all times to the inspec- tion of such school officers, school patrons and school teachers as may desire to examine the same and compare them with others for the purpose of use in the public schools. [1907 c. 561; 1911 c. 663 s. 36] Book dealer's bond and surety. Section 553m — 21. Said board of education shall require any person or persons, firm or corporation with whom they contract for furnish- ing any books to give a good and sufficient bond, in such sum and with such conditions and sureties as may be necessary and reasonable, for the faithful performance of any such contract. Bonds of surety companies, duly authorized under the laws of Wiscon- sin, shall be accepted. [1907 c. 561] Book depositories. Section 553m — 22. 1. Said board of education shall arrange for such depositories as it may deem necessary for the purpose of furnishing to school boards or local dealers the books adopted and to be used. 2. Such depositories shall furnish a good and sufficient bond to protect publishers against any possible loss that may be sustained. Depositories shall receive books dis- ' placed by the uniform adoption and return same to publishers at agreed allowance. Depositories shall accept books on uniform list at reasonable price from people wlio are moving out of the county; such books to be resold to pupils in the county at a slight advance on cost. [1907 c. 561] District in more than one county. Section 553m — 23. In all joint school districts coming within the meaning of sections 553m — 1 to 553m — 25-, inclusive, situated in more than one county in the state, such joint school district shall, for the purposes of sections •j53m — 1 to 553 m- -25, inclusive, be held and deemed to be a school district within the one of said counties where the schoolhouse is located, and for all purposes of sections 553??* — 1 to 553m — 25, inclusive, it shall be under the control and jurisdiction of the county board of education of such county in which the schoolhouse is located. [1907 c. 561; 1911 c. 663 s. 36] Schools exempt from sections 553m — 1 to 553m — 25. Section 553m — 24. It is ex- pressly provided that sections 553m — 1 to 553m — 25, inclusive, shall not apply to districts and cities maintaining a free high school, or state graded schools of the first class, or to 'districts maintaining independent high schools, or to grades above the eighth grade in graded schools, nor to private or parochial schools; but nothing in sections 553m — 1 to 553m — 25, inclusive, shall be construed to prevent any of such schools from adopting and buying the books adopted by the county board of education at the prices and terms fixed by them if they shall elect to do so. [1907 c. 561; 1911 c. 663 s. 36] Expenses of board members. Section 553m — 25. The members of the said county board of education shall be reimbursed their actual and necessary expenses in the per- formance of their duties; the same to be paid out of any funds of the county not other- wise appropriated. [1907 c. 561] SCHOOL TEXTBOOKS. Books and bond filed with state superintendent. Section r s53m — 101. No person shall offer any school textbook for adoption, sale or exchange ij the state of Wisconsin until he shall have complied with the following conditions : (1) He shall file copies of all textbooks proposed to be sold in the state of Wisconsin by the company manufacturing such book, in the office of the state superintendent of pub- lic instruction with a sworn statement of the list price, the lowest wholesale price, and the lowest exchange price at which said book is sold or exchanged for an old book on the same subject of like grade and kind but of a different series in states of the United States in- cluding the state of Wisconsin. (2) He shall file with the state superintendent of public instruction a bond running to the people of the state of Wisconsin, with a responsible surety company authorized to do business in the state of Wisconsin as surety thereon, in a penal sum to be determined by the state superintendent of public instruction, of not less than two thousand dollars nor more than ten thousand dollars, conditioned as follows: (a) That he will furnish any of the books listed in said statement and in any other statement subsequently filed by him within five years, to any school district, to any school corporation and to any person or corporation in the state of Wisconsin at the lowest price 331 Chap. 2< s. 553m — 102 j [The Common Schools. •contained in said statement and that he will maintain said price uniformly throughout the state; (b) That he will reduce such prices automatically in Wisconsin whenever reductions are made elsewhere in the United States, so that at no time shall any book so filed and listed by him be sold in the state of Wisconsin at a higher net price than is received for such book elsewhere in the United States; (c) That all textbooks offered for sale, adoption, or exchange in the state of Wiscon- sin shall be equal in quality to those deposited in the office of the state superintendent di public instruction as regards paper, binding, print, illustrations, subject matter, and all ether particulars that may affect the value of such textbooks; (d) In case he shall prepare an abridged or special edition of any of the books so listed by him, and shall sell such special edition elsewhere at a lower wholesale price than the wholesale price scheduled with the state superintendent, he shall file a copy of such special edition together with the price therefor, as above stated, with the state superin- tendent of public instruction; (e) He shall not enter into any understanding, agreement or combination to control the prices or to restrict competition in the sale of school textbooks. [1915 c. 460] Approval and renewal of bond. Section 553m — 102. Such bond shall be approved by the attorney-general and shall continue in force for the period of five years after its filing, at or before the expiration of which period a new bond shall be given, or the right to continue business within the state shall be forfeited. [1915 c. 460] Distribution of book lists. Section 553 m — 103. The state superintendent of public instruction shall annually on the first day of June publish and send to each school district in the state, a copy of all such lists then in force in his office. [1915 c. 460] Notice of violation of bond; enforcement. Section 553m — 104. It shall be the duty of all teachers and principals of schools in the several districts of this state, to notify the city or county superintendent of schools of the school district corporation in which they respectively reside, of any violation of any of the conditions contained in said bond that shall come to their knowledge, and it shall thereupon be the duty of such city or county superintendent of schools to investigate the alleged violation, and if he shall determine that there is good ground for believing that said conditions have actually been violated, he shall forthwith report the matter to the state superintendent of public instruction, who shall thereupon notify the person guilty of such violation to comply with the conditions of his said bond and to make good any loss or injury that may have been occasioned by such violation within a reasonable time to be inserted in said notice. If the person so notified shall fail to comply with the requirements of the notice, the said superintendent of public instruction may thereupon suspend his right to sell school textbooks within the state of Wisconsin until he shall so comply. In case any person who has given the bond aforesaid shall refuse to comply with the provisions thereof, or shall violate the same the second time, the said superintendent of public instruction shall declare his bond forfeited and the at- torney-general shall bring suit thereon, in any court having jurisdiction thereof. In case judgment shall be rendered in favor of the state on such bond, judgment shall be entered and damages assessed for the penal amount thereof, and when paid, it shall be placed to the credit of the state school fund for the common schools of the state of Wisconsin. In case judgment is rendered against the principal in such bond, he shall be barred from further continuance of his business within the state of Wisconsin for a period of five years. [1915 c. 460] Bribery of teacher or school officer. Section 553 m — 105. No person shall secure <>r attempt to secure the sale of any school textbooks in any school district in this state by rewarding or promising to reward any teacher in any school in the state or by securing for him any position in any other school. No person shall offer or give any emolument, money or other valuable thing, promise of work or any other inducement to any teacher or school officer in any school district for any vote or promise of vote or for the use of his influence for any school textbook to be used in this state; provided, that nothing in this section shall be coHstrued to prevent any person from giving, or any school officer or teacher from receiv- ing a reasonable number of sample copies of school textbooks for examination with a view to obtaining information as to the book or series of books for which such officer shall °ive his vote. [1915 c. 460] Purchase and sale of books. Section 553m — 10G. School districts are hereby au- thorized to purchase textbooks from the publishers at the prices listed with the state su- perintendent of public instruction as hereinbefore provided and to sell said books to the pupils at said listed prices or at such prices as will include the cost of transportation and the cost of handling. [1915 c. 460] Chap. 27 s. 553m — 10/] [The Co.ujion Schools. Definition of person. Section 553m — 107. The word "person'' as used in sec- tions 553m — 101 to 553m — 108, inclusive, of the statutes, shall include firms, associations and corporations. [1915 c. 460] Penalty for violation. Section 553m — 10S. Any person violating any of the pro- visions of sections 553m — 101 to 553?w — 107, inclusive, of the statutes, shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding three months, or bv both such fine and imprisonment at the discretion of the court. [1915 c. 460] PARTICIPATION OF VILLAGES IN COUNTY SCHOOLS OF AGRICULTURE AND DOMESTIC SCIENCE. County schools of agriculture and domestic economy; villages empowered to con- tribute. Section 553». Any village in which or adjacent to which a county school of agriculture and domestic economy has been located under the provisions of sections 553c to 553m, inclusive, may contribute for the organization, erection, construction and equip- ment of such school cot to exceed taac-fifth of the entire cost thereof. [1907 c. 11; 1911 c. 663 s. 37] Issue of school bonds; notice of election therefor. Section 553o. Any such village may issue bonds for such purpose in the manner provided by section 943 of the statutes. The notice of election in the case of bonds for such county seliool of agriculture and domestic economy need not be published in a newspaper in such village more than one week prior to the election, nor need such notice be posted, when posting is required, more than seven days prior to the election. [1907 c. 11; 1911 c. 663 s. 38] INDUSTRIAL EDUCATION. State board of industrial education; organization; functions. Section 553p — 1. 1. There is hereby created a state board of industrial education to be appointed by the governor. The board shall consist of six appointive members, three of whom shall be employers of labor and three of whom shall be skilled employes. The state superintend- ent of education and the dean of the extension department and the dean of the college of engineering of the University of Wisconsin shall be ex officio members of this board. 2. Each appointive member shall hold office for two years. In the first appointments the governor shall designate three members to serve for one year and three members to serve for two years from the first day of July of the year in which the appointments are made. All appointments thereafter shall be for two years except appointments to fill vacancies, which shall be for the unexpired portion of the term. 3. Said board: (1) Shall have control over all state aid given under sections 553p — 1 to 553p — 15, inclusive; (2) shall meet quarterly and at such other times as may be found necessary; (3) shall report biennially; (4) may employ assistants for the development of the work of industrial education and all accounts for such salaries shall be certified by the secretary of said board to the secretary of state. In the performance of the duties pre- scribed by the board, the state superintendent of public instruction shall be the executive officer of the board in directing the activities of the assistants provided for in this act, and they shall report to him and to the board in such manner and at such times as he may direct or the board may order. [1911 c. 616; 1911 c. 664 s. 146; 1913 c. 772 s. 70; 1915 c. 515~] State superintendent to appoint assistant for industrial education; salary; employes. Section 553p — 2. 1. The state superintendent of education shall appoint an assistant in the department of public instruction to be known as the assistant for industrial edu- cation, lie shall with the advice, consent and direction of the state superintendent of education have general supervision over the public industrial schools and over all public evening schools, continuation schools and commercial schools created under sections 553;;> — 1 to 553p — 15, inclusive. The laws relating to agricultural schools and the Platte- ville mining trade school shall remain unaffected by said sections. 2. [Repealed by 1913 c. 772 s. 115] 3. The state superintendent of education shall have in addition to the assistant for industrial education such other assistants as he shall deem necessary for work in the same general field. 4. All positions except that of assistant for industrial education shall be filled by civil service examination, as provided by sections 990 — 1 to 990 — 32, inclusive. [1911 c. 616; 1911 c 664 s. 146; 1913 c. 772 s. 114, 115] Local boards; organization; powers; duties. Section 553p — 3. 1. In every town or villace or city of over five thousand inhabitants there shall be, and in towns, cities and 333 Chap. 27 s. 553^> — 4] [The Common Schools. villages of less than five- thousand inhabitants there may be a local board of industrial education, whose duty it shall be to establish, foster and maintain schools for instruction in trades and industries, commerce and household arts in part-fime-day, all-day and even- ing classes and such other branches as are enumerated in subsection 1 of section 553p — 5 of the statutes. Said board may take over and maintain in the, manner provided in sec- tions 553p — 1 to 553p — 15, inclusive, any existing schools of similar nature. 2. Such board shall consist of the city superintendent of schools ex officio or the principal of the high school ex officio, if there be no city superintendent, or the presi- dent or chairman of the local board charged with the supervision of the schools in case there be neitlier of the above-mentioned officers, and four other members, two employers and two employes, who shall be appointed by the local board charged with the super- vision of the schools and who shall serve without pay. 3. The term of the appointive members of the local boards of industrial education shall be two years from the first of January of the year in which they are appointed; provided, however, that in the first appointment two members shall be appointed who are to serve for only one year from the first of January of the year in which they are appointed. All subsequent appointments shall be for two years, except appointments to fill vacancies, which shall be for the unexpired portion of the term. 4. The local board of industrial education shall elect its officers from its membership, a chairman and a secretary. The local boards of industrial education, with the co-opera- tion of the state board of industrial education, shall have general supervision of the instruction in the local schools created under sections 553^ — 1 to 553p — 15, inclusive. 5. No state aid shall be granted to schools created under sections 553p — 1 to 553p — 15, inclusive, without the approval of the local board of industrial education. No money appropriated by the city, town or village for these schools shall be spent without the approval of the local board of industrial education. 6. The teachers in the schools created under sections 553p — 1 to 553jp — 15, inclusive, shall be employed and their qualifications determined by the local board of industrial education. 7. This board, shall have power to purchase all machinery, tools and supplies, and purchase or lease suitable grounds or buildings for the use of the schools under its super- vision. Existing school buildings and equipment shall be used as far as practicable. 8. The board is empowered to make contracts with the extension division of the Uni- versity of Wisconsin to give instruction in such branches as the department may offer, when in the judgment of the local board such instruction can be secured to better advan- tage than by local provision. 9. Whenever twenty-five persons qualified to attend an industrial, commercial, con- tinuation or evening school file a petition therefor with the local board of industrial edu- cation the board shall establish such school or schools or provide other facilities as author- ized in sections 553p— 1 to 553p— 15, inclusive. [1911 c. 616; 1911 c. 664 s. 146; 1915 c. 515 s. 2] Estimated expense for maintenance; mill-tax appropriation; collection and segrega- tion thereof. Section bb3p— 4. 1. The local board of industrial education of every city, village or town shall report to the common council, or village or town clerk at or before the first day of September in each year, the amount of money required for the next fiscal year for the support of all the schools established or to be established under sections 553p — 1 to 553p— 15, inclusive, in said city, village or town, and for the pur- chase of necessary additions to school sites, fixtures and supplies. 2. There shall be levied and collected in every city, village or town, subject to taxa- tion under sections ~YAp — 1 to 553p — 15, inclusive, a tax upon all taxable property in said city, village or town, at the same time and in the same manner as other taxes are levied and collected by law, which together with the other funds provided by law and placed at the disposal of said city, village or town for the same purpose, shall be equal to the amount of money so required by said local board of industrial education for the purposes of said sections. 3. The rate of tax levied for the purposes of sections oo3p — 1 to &53p — 15, inclusive, in any town, village or city shall not in any one year exceed one-half mill for the main- tenance of all schools created under said sections. 4. The said taxes for the purpose named in this section shall be in addition to all other special and general taxes levied for town, village or city purposes and shall be for the use and support of schools established under sections 553p— 1 to 553p — 15, inclusive. 5. The treasurer of the town, village or city shall keep such money separate from all other money, to be used exclusively for the purpose of industrial education as provided in sections 553p — 1 to 553p — 15, inclusive. All moneys appropriated and expended 334 Chap. 2t s. 553^ — 5j [The Common Schools. under said sections shall be expended by the local board of industrial education and shall be paid by the town, village or city treasurer on orders issued by said board and signed by its president and secretary. C. All moneys* received by said board shall be paid to the town, village or city treas- urer for the fund of the local board of industrial education. [1911 c. 616; 1911 c. 664 s. 146} ■ Courses of study. Section 553p — 5. 1. The courses of study in these schools shall be approved by the state superintendent of education and the state board of industrial education, and shall include English, citizenship, sanitation and hygiene and the use of safety devices, and such other branches as the state superintendent and the state board of industrial education shall approve. 2. The local board of industrial education may allow pupils attending any school established under sections 553p — 1 to 553p — 15, inclusive, who have had courses equiva- lent to any of those offered, to substitute other work therefor. [1911 c. 616 ; 1911 c. 664 i. 146] State aid; procedure for obtaining. Section 553p — 6. 1. Not more than twenty thousand dollars for any one city of the tirst class, nor more than ten thousand dollars for any other one city, town or village shall be appropriated from the state funds for the purposes of sections 553p — 1 to 553|; — 15, inclusive, in any one year. 2. A school once granted state aid shall be entitled thereto as long as the character of its work meets with the approval of the state superintendent of education and the state hoard of industrial education. 3. The secretary of the local hoard of industrial education of each city, town or vil- lage in which such school or schools are maintained, shall on the first day of July in each year, report to the state superintendent of education the cost of maintaining the school, the character of the work done, the number, names and qualifications of the teach- ers employed, and such other information as may be required by the state superintendent of education. 4. If such report is satisfactory to the state superintendent of education and the state board of industrial education, and they are satisfied that the school or schools have been maintained in a satisfactory manner for not less than eight months during the year end- ing the thirtieth of the preceding June, the state superintendent of education shall make a certificate to that effect and file it with the secretary of state. The secretary of state shall I hen draw a warrant payable to the treasurer of such city, town or village in which such industrial school is located, for a sum equal to one-half the amount actually expended for maintenance and salaries of teachers for instruction specified in subsection 1 of sec- tion 553p — 3 of the statutes, but in no case shall the amount appropriated exceed twenty thousand dollars for any one city of the first class, nor more than ten thousand dollars for any other one city, town or village. 5. If the appropriation provided for in section 172 — 49 of the statutes is not suffi- cient to pay the approved claims in any one year under the provisions of subsection 4 of this section, then the funds available shall be distributed among the towns, villages and cities entitled to aid in the proportion that the amount due any town, village or city, bears to the total amount of aid demand in any one year by all the towns, villages and cities en- titled to aid under the provisions of sections 553p — 1 to 553p — 9, inclusive, and 553p — 15 of the statutes. [1911 c. 616; 1911 c. 664 s. 146; 1913 c. 677; 1915 c. 313; 1915 c. 515 s. 2; 1915 c. 609 s. 36] Requirements for admission of pupils. Section 553p — 7. The schools established under sections 5o3p — 1 to 553j? — 15, inclusive, shall be open to all residents of the cities, towns and villages in which such schools are located, of fourteen years of age or over who are not by law required to attend other schools, and to all persons over fourteen years of age employed in said cities, towns or villages but who are residents of other municipal- ities maintaining industrial, continuation, commercial or evening schools; provided that no such person who is a resident of any municipality maintaining industrial, continuation or evening schools, shall be. received in or admitted to classes in any such school in any other municipality, except upon presentation to the authorities of such school of the written ap- proval of the local board of industrial education having charge of such school in the mu- nicipality wherein such person resides. Any city, town or village maintaining industrial schools as provided in sections 553p — 1 to 533p — 15, inclusive, that shall, as herein pro- vided, admit to the privileges of such schools persons employed in such municipalities, but who are residents of other municipalities maintaining industrial schools, is empowered to collect tuition for the schooling of such nonresident persons, from the municipality in which the parents or guardians of such persons reside, in the same manner and at the same rate of tuition as is provided for the collection of tuition for nonresident pupils in sec- 335 Chap. 27 s. 553p— 8j [The Common Schools, tion 553p — 8. Any person over the age of fourteen who shall reside in any town, village or city not having an industrial school as provided in said sections, and who is otherwise qualified to pursue the course of study may with the approval of the local board of indus- trial education in any town, village or city having a school established under said sections, be allowed to attend any school under their supervision. Such persons shall be subject to the same rules and regulations as pupils of the school who are residents of the town, vil- lage or city in which the school is located. [1911 c. 616; 1911 c. 664 s. 146; 1915 c. 238] Nonresident tuition fees. Section 553 p— -8. The local board of industrial educa- tion is authorized to charge tuition fee for nonresident pupils not to exceed fifty cents per week. On or before the first day of July in each year the secretary of the local board of industrial education shall send a sworn statement to the clerk of the city, village or town from which any such person or persons may have been admitted. This statement shall set forth the residence, name, age and date of entrance to such school, and the num- ber of weeks' attendance during the preceding year of each such person at the school. It shall show the amount of tuition which under the provisions of this act the town, city or village is entitled to receive on account of each and all such pupils' attendance. This statement shall be filed as a claim against the town, village or city where such pupil re- sides and allowed as other claims are allowed. [1911 c. 616] Charges for material consumed. Section 553p — 9. Students attending any school under sections 553p — 1 to .353// — 15, inclusive, may be required to pay for all material consumed by them in their work in such school at cost prices or in lieu thereof the school board may establish a fixed sum to be paid by each student in each course, which sum shall be sufficient to cover, as nearly as may be, the cost of the material to be consumed in such course; any manufactured articles made in such school and that may accumulate shall be disposed of at their market value at the discretion of the school board, and the proceeds shall be paid to the local treasurer for the fund of the local board of industrial education. [1911 c. 616; 1911 c. 664 s. 146] Board of trustees of the Stout institute; status; general powers and duties; employes. Section 533p — 10. The state board of industrial education shall also constitute a body corporate under the name of the "Board of Trustees of the Stout Institute," and shall 1 ossess all powers necessary or convenient to accomplish the objects and perform the duties prescribed by law. In such capacity, such board shall also employ such clerks and assistants as may be necessary to properly conduct its affairs. The state treasurer shall be ex officio treasurer of the board, but the board shall appoint a suitable person to re- ceive fees or other moneys that may be due such board, to account therefor, and to pay such monevs, within one week of their receipt, to the state treasurer. Such payments- shall be credited to Stout institute. [1911 c. 616; 1913 c. 229] Board may accept the Stout institute and other donations, and hold same in trust. Se< Ti-.n 553p — 11. Such board is authorized to accept free of cost to the state and to- hold as a trustee for the stale, the property of the Stout institute located at Menominee, Wisconsin, and to maintain such institute under the name of '"The Stout Institute." Pro- vided, that the trustees of said Stout institute turn over to the state, within two months after the passage and publication of this act, said property free and clear of all incum- brances and debt, released from all claims or interest which the city of Menominee or the heirs of James H. Stout may have had in said property and having put the buildings in good condition, and having made such repairs as may be necessary before turning over said properly. The board is also authorized to accept such other property or moneys as " it may deem advisable to be accepted which can profitably be used by it in promoting the interests intrusted to it. Such board may purchase, have, hold, control, possess and enjoy, in trust, for the state, for educational purposes, any lands, tenements, heredita- ments, goods and chattels, of any nature, which may be necessary and required to accom- plish the purposes and objects of the board, and may sell or dispose of any personal property when in its judgment it shall be for the interests of the state. [1911 c. 616] Purposes and objects of institute. Section 553p — 12. The purposes and objects of the institute shall be to instruct young persons in industrial arts and occupations and the- theory and art of teaching such, and to give such instruction as will lead to a fair knowl- edge of the liberal arts, a just and seemly appreciation of the nobility and dignity of labor, and in general to promote diligence, economy, efficiency, honor and good citizen- ship. [1911 e. 616] Powers of trustees to control and regulate institute. Section 553p — 13. The said board shall have power : (1) To make rules, regulations and by-laws for the government and management of the institute and the students therein, including the power to suspend or expel students'- for misconduct or other cause. 336 Chap. 27 s. 553p — 15] [The Common Schools. (2) To appoint a president of the institute and other officers, teachers and assistants, and to employ such other persons as may be required; toffix the salary of each person so appointed or employed and to prescribe their several duties; to remove at pleasure any president, other officer, teacher, assistant or person from any office or employment in connection with the institute. (3) To purchase such supplies as may be necessary in the conduct of the institute and its various departments. (4) To prescribe rules, regulations and terms for the admission and control of the students, to prescribe courses of study and methods and means of instruction, and to issue certificates or diplomas. (5) To co-operate with other educational institutions and agencies in instruction and training, leading to efficiency in industrial arts and occupations. [1911 c. 616] Section 553p— 14. [Repealed by 1913 c. 677 s. 2] Provisions of sections 926 — 22 to 926 — 30 preserved. Section 553p — 15. All acts and parts of acts conflicting with any provisions of this act are repealed ^in so far as they are inconsistent therewith. Provided, however, nothing in this act shall be construed to interfere in any manner with trade schools established under sections 926 — 22 to 926 — 30, inclusive, and amendments thereof, unless the school board of any such city or school district shall by a majority vote adopt the provisions of sections 553p — 1 to 553^ — 15, inclusive, and shall proceed in the manner provided for, for every town, village or city of over five thousand inhabitants, as provided in said sections. [1911 c. 616; 1911 c. 664 s. 146] COUNTY AGRICULTURAL REPRESENTATIVES. County agricultural representatives. Section 553q — 1. For the purpose of aiding in the agricultural development of the several counties in the state, any county, excepting those in which county schools of agriculture are maintained, is hereby authorized, through its county board, to establish and maintain an agricultural representative in accordance with the provisions of this act. [1913 c. 611] Duties. Section 553g — 2. It shall be the duty of such agricultural representative to advise and consult with individuals in reference to farming methods; to aid in the de- velopment and improvement of agriculture and country life conditions; to offer courses of instruction to young people and adults; to aid in the formation of co-operative enterprises; to promote better business methods among farmers; to give such assistance as possible in the development of agricultural teaching in the schools of the county, and any other work designed to promote the agriculture or rural development of the county. It shall be his duty to keep in touch with all agencies in the state and elsewhere that will enable him to utilize the most improved knowledge in the furtherance of his work. [1913 c. 611] County levy and appropriation. Section 553g — 3. For the partial maintenance of agricultural development of such county under the supervision of such agricultural repre- sentative, authority is hereby given the county board to raise, by tax levy or otherwise, for periods of not less than two years each, such moneys as may be deemed sufficient to cover the share of the county in such work; provided, however, that in no case shall the amount appropriated by the county for this work be less than one thousand dollars annu- ally; and provided further; that such moneys shall be disbursed by the county treasurer only upon orders of the county clerk which shall have been approved by the 'county agri- cultural representative. [1913 c. 611] State aid. Section 5537!'» of the statutes, and all acts amendatory thereof, shall, so far as applicable, provide for and apply to schools for the blind, except that there shall be paid out of the state treasury, within the amount appropriated for the purposes of this section, annually in the month of July to the treasurer of the school district board, or of the board of educa- tion in any city or village maintaining a school or schools for the blind under the charge of one or more teachers, whose qualifications shall be approved by the state superintend- ent, the sum of two hundred dollars for each blind pupil instructed in such school or schools at least nine months during the year next preceding the first day of July, and a share of such sum proportionate to the term of instruction of any such pupil who shall be so instructed less than nine months during such year; the said sum of two hundred dollars to include instruction in music and manual training, and to cover necessary expenses for material and printing in connection with the work of any such school or schools; and the state superintendent of public instruction shall make such inspection of the day schools for the blind as he shall deem necessary. The cost of such inspection shall be charged to the appropriation for the state superintendent of public instruction. [1913 c. 772 s. 20] NORMAL SCHOOLS — DEPARTMENT FOR TEACHERS OF DEAF. Department for teachers of deaf. Section 579/y. 1. The board of regents of normal schools is hereby authorized and directed to establish and maintain a department in one of the normal schools of the state, located in a city maintaining a graded school for the deaf, to be known as a normal training department for -oral teachers of the deaf. 2. Candidates for admission to this course shall have completed at least one year of the advanced course in a state normal school or its equivalent. Graduates from said course shall be granted a diploma by the board of regents that will serve as a basis for an unlim- ited state certificate, qualifying the holder to teach in any day school for the deaf in this state, or in public hearing school of the state, below high school grade. [1913 e. 48; 1913 c. 773 s. 103] CHAPTER 37. COUNTY OFFICERS. GENERAL provisions. County officers; election and terms; duties and powers of county superintendent; supervising teachers. Section 698. At the general election in the year one thousand nine hundred and four, and biennially thereafter, there shall be elected in each county for a regular term, the following county officers, viz. : A county clerk, treasurer, sheriff, cor- oner, clerk of circuit court, district attorney, register of deeds and surveyor. The regular *343^ Chap. 37 s. 698 J [County Officers. term of office of all such officers shall commence on the first Monday of January next suc- ceeding their election and continue two years ; but each such officer, including those now in office, shall hold his office until his successor is qualified. 2. A superintendent of schools shall be chosen by the qualified electors of each super- intendent district in the state of Wisconsin, at the election to be held on the first Tuesday in April in the year one thousand nine hundred and five, and biennially thereafter, and said officer shall hold his office for the term of two years from the succeeding first Monday of July. The superintendent of each superintendent district shall hold his office until his successor shall have been elected or appointed and shall have qualified. 3. The county board of supervisors of every county at the annual meeting next preced- ing the election of such county or district school superintendent shall fix the amount of the annual salary which shall be received by such county or district superintendent of schools. Provided, that if the supervisors fail or neglect to vote upon and fix the salary of the county or district superintendent, the salary last legally fixed shall continue to be the salary paid. The county board of supervisors are empowered and directed to make pro- vision for the payment of the salary of the county or district superintendent in twelve equal monthly instalments. 4. No county or district superintendent of schools except in counties where his salary is less than eight hundred dollars, shall engage in teaching during the term for which he was elected, or engage in any business, profession, occupation or pursuit during the term for which he was elected, which will in anywise interfere with the proper discharge of the duties of his office. He shall not absent himself from the county or district to engage in any business, occupation, profession, or pursuit, during the term for which he was elected. A violation of any of the provisions of this subsection shall subject the offender to removal from office and to a loss of salary during the entire time that any of the provisions of this subsection have been violated. It shall be the duty of the district attorney, upon com- plaint, to commence an appropriate action for the recovery of any sum due for violation of airy of the provisions of this subsection. Any sum recoverable under the provisions of this subsection shall be placed in the general fund of the county. 5. All county and district superintendents shall be allowed in addition to their salary such actual and necessary expenses incurred in the proper discharge of their duties as may be reasonable and just, and shall be allowed all stationery, postage, and printing necessary for the proper discharge of the duties of their office as may be reasonable and just. The county or district superintendent shall make and present itemized statements of his ac- counts for expenses, printing, stationery, and postage to the county clerk prior to the November meeting of the county board of supervisprs, and they shall be audited at the annual meeting of the county board of supervisors and paid as allowed. The county board of supervisors are authorized to make provision for the quarterly payment of such expenses. 6. In counties having more than sixty schools the county board of supervisors at the annual meeting in November, 1915, and annually thereafter, may authorize the county superintendent to employ a clerk, and shall fix the salary to be paid to such clerk for the county superintendent, which shall be paid in monthly instalments and paid as other claims against the county are now audited, allowed and paid. The county board of super- visors are authorized to appropriate money to the county superintendent to enable him to employ competent persons to assist in conducting and marking papers in examinations for common school diplomas. The county board of supervisors may limit the per diem to be paid to such common school diploma examiners and the number of days that each such examiner may receive pay. 7. In all cases where the county is divided into two superintendent districts only those members of the county board of supervisors residing within the superintendent district — supervisors from cities under city superintendents to be excluded — shall have and exercise the power and authority granted above to the county board of supervisors in cases where the superintendent district comprises the entire county. 8. In order to exercise such power and authority the supervisors from each superin- tendent district shall meet and organize after the manner of organization provided for county boards of supervisors so far as necessary in order to transact the business before them, and when so organized the supervisors from one superintendent district shall act independently and free from any interference, voice, direction or control from the super- visors of the other district. 9. All supervisors representing only cities or wards of cities or districts in cities having an independent system of schools supeiwised by an independent city superintendent are excluded from any participation in the deliberations of the supervisors of any superin- tendent district had with reference, to the manner of directing the administration of its school affairs, nor shall any tax be levied in any such city to pay any part of the salary, 344 Chap. 37 s. 698] [County Officers. expenses, p/inting or postage of such county or district superintendent, or the salary of the clerk for such superintendent, or the per diem and expenses of the members of the board of examiners for common school diplomas. 10. The committee on common schools provided for in subsection 2 of section 704, on the first Tuesday after their appointment and annually thereafter on the third Tuesday in July shall upon the nomination of the county superintendent appoint one supervising teacher with the qualifications hereinafter provided, to assist the county superintendent in supervising schools. In counties or superintendent districts having more than one hundred twenty-five schools the committee on common schools may on the third Tuesday in July, upon the nomination of the county superintendent, appoint two supervising teachers with the qualifications hereinafter provided, to assist county superintendents in supervising schools. The county or district superintendent shall, immediately upon the passage of this act, and annually thereafter on or before the third Tuesday in July, file with the chairman of the committee on common schools the names of persons qualified under the provisions of subsection 12 to hold the position of supervising teacher. The number of names so filed shall be three times the number of persons to be appointed in any county or superintendent district. 11. The committee on common schools shall make the appointment or appointments provided for in subsection 10 of this section from the eligible list so filed by the county superintendent and fix the monthly salary to be paid such supervising teacher or teachers within the salary limitations fixed in this section. The supervising teacher when so ap- pointed shall be employed for ten calendar months. The county or district superintend- ent shall determine the months in the year during which the supervising teacher shall be employed, provided that no supervising teacher shall be employed and paid for more than ten months in any one year. The salary of the supervising teacher shall not be less than sixty dollars nor more than eighty dollars per calendar month. In addition to this salary the supervising teacher 'shall be reimbursed for all actual and necessary expenses incurred in the performance of his duties. The salary of the supervising teacher shall be paid in ten equal monthly instalments. The county board of supervisors in every county shall appropriate money to pay the salary and exjoenses of the supervising teachers, provided for in this act, until such times as the county or superintendent district shall be reimbursed by the state for the amount paid for such purposes. The county board of supervisors are authorized to make provisions for the monthly payment of the salary and expenses of each supervising teacher. 12. No person shall be eligible to nomination by the county superintendent or appoint- ment by the committee on common schools as supervising teacher in any county or super- intendent district who does not at the time of his appointment hold a state certificate, either a first grade county certificate, or a second grade county certificate, or a certificate of graduation from a county training school for teachers, or from the training department of a high school maintaining a teachers' training course as provided in section 496c of the statutes, and in addition to such educational qualifications shall have had at least three years of successful experience in teaching, at least one of which shall have been in rural schools. 13. It shall be the duty of the supervising teacher, during the time the schools are in session, to supervise and assist, under the direction of the county superintendent, the teachers employed in the schools of the county or superintendent district, devoting special attention to the less experienced teachers. He shall, under the direction of the county superintendent, assist in organizing and administering the schools in the county, classify- ing them according to the character of the work done, and in grading pupils toward the development of their individual capabilities. He shall endeavor to stimulate an interest among the pupils, teachers and parents in agriculture and other subjects pertaining to rural conditions, and shall consult and advise with school boards. It shall be the duty of each supervising teacher to report weekly to the county superintendent the number and names of the schools visited, the time spent in each school, the number and names of school officers met, and such other facts and information as may be required by the county su- perintendent. When the schools are not in session the supervising teacher shall visit the homes within his supervisory district to promote general educational interest, and advance his personal knowledge of the application of the rural school to its needs and accomplish- ments, and report the same to the county superintendent and shall perform such other work as the county superintendent may direct. Any supervising teacher may be removed by the joint action of the county superintendent and the committee on common schools, provided he fails to perform diligently and efficiently the duties imposed upon him by law or for any conduct unbecoming a teacher. 14. It shall be the duty of each county or district superintendent in the state to send a written report of each formal personal visit to any school in the territory under his 345 Chap. 37 s. 698] [County Officers,. jurisdiction to the clerk of the school district. The report shall set forth the date of his visit, the number of hours he was at the school, the number of pupils enrolled, the number of pupils present, his opinion of the order, discipline, grading and spirit of the school and of the efficiency of the teacher. He shall also in this report call the attention of the board to any needed supplies or equipment, or needed improvements to the school building, out- buildings or grounds. A copy of each such report shall be filed in his office, where it shall remain as a public record. Each supervising teacher shall make a similar report on each visit to a school to the county superintendent and shall furnish such other facts or in- formation as may be called for by the county superintendent. On receipt of such report from the supervising teacher the county or district superintendent shall thereupon send the district clerk of each school visited by the supervising teacher such a written report based on this inspection report as he shall deem wise and necessary. The county superin- tendent and the supervising teachers shall make reports to the committee on common schools on such subjects as the board may deem necessary. 15. The county or district superintendent shall between the first and tenth days of July in each year make out, under oath, a report in writing to the state superintendent, setting forth the name and qualifications of the supervising teacher, or teachers, the num- ber of months employed, the total amount of his monthly salary 'and of his actual and necessary expenses allowed or paid during the year ending the preceding June thirtieth, and such other facts as may be required by the state superintendent. 16. On receipt of such report, if it shall be satisfactory to the state superintendent, and if it shall appear, as the result of an actual inspection by the direction of the state superintendent, that the work of such supervising teacher has been efficient, and that he has devoted his time exclusively to the duties of his position, the state superintendent shall certify in favor of the count}' employing such supervising teacher, or. teachers, the amount of the salary and the actual and necessary expenses paid to such supervising teacher, or Teachers, for the year ending the preceding June thirtieth, and file it with the secretary of state, whereupon the secretary of state shall draw his warrant to the amount of the cer- Tificate in favor of the comity treasurer of the county employing such supervising teacher, or teachers. The amount so certified shall be paid upon the warrant of the secretary of state by the state treasurer to the treasurer of the county, to be placed in a fund to be used for the payment of the salary and expenses of the supervising teacher, or teachers. 17. Each county or district superintendent shall be reimbursed his actual and neces- sary expenses incurred in traveling from his residence to the place of holding the nearest or most accessible convention of count}'' superintendents called by the state superintendent, his hotel expense during the time he actually attended such convention and his expenses incurred in returning to his place of residence. An itemized statement for such expenses shall be audited by the county board upon the presentation thereof with the certificate of the state superintendent attached, showing the attendance of the county or district super- intendent on such convention for the time specified in the statement, and not more than one such account shall be paid for any one superintendent for each year. Each county or district superintendent shall give a bond with such sureties as the county board of super- visors may approve, for the proper performance of his duties under the law providing for a county teachers' institute fund, which bond shall secure'the payment of not less than twice the sum of money which the board may estimate will come into his hands in con- sequence thereof. 18. There is hereby appropriated annually from the fund created by section 1072a of the statutes, before it shall have been distributed by the state superintendent as required by law, an amount sufficient to pay all claims for salary and expenses, arising under the provisions_of subsection 16 of this section. [1915 c. 531 s. 2] Vacancies. Section 699. "Whenever any vacancy shall happen in any of the offices enumerated in the preceding section it shall be filled by appointment for the residue of the term only. AYhenever any person shall be appointed to any county office he shall enter on the duties thereof immediately after qualification. COUNTY SUPERINTENDENT OF SCHOOLS. Eligibility. Section 702a, No person shall be eligible to the office of county super- intendent of schools who shall not, at the time of his election or appointment thereto, have taught in a public school in this state for a period of not less than eight months, and who shall not, at such time, hold a certificate entitling him to teach in any public school therein, or a county superintendent's certificate, issued by the state superintend- ent after examination by and upon the recommendation of the board of examiners for state certificates as provided by law; provided, that the foregoing provision shall not 346 Chap. 37 s. 703] [County Officers- disqualify any person who held such office in this state on or before the first day of May, one thousand eight hundred and ninety-five. [1907 c. 118] Superintendent districts; effect upon cities. Section 703. The county board of each county having over fifteen thousand inhabitants according to the census last pre- ceding division may divide such county into two superintendent districts, to be called superintendent district number one and superintendent district number two, by resolu- tion, specifying therein the territory included in each and every such division, and every like division heretofore made shall remain in force until rescinded by resolution of the county board. Unless so divided each county shall constitute a superintendent district; but every city having a board of education, a superintendent of sehools or other board or officer vested with power to examine and license teachers and supervise and manage the schools therein shall be exempt from the provisions of this section and all provi- sions relating to county superintendents of schools, except so far as required to make reports to the county superintendent of the district in which such city is situated; and the electors of such city shall have no voice in electing such county superintendent, and the supervisors from such city shall have no voice in the county board in determining or providing the compensation or allowance of, or any matter relating to, such county superintendent; nor shall any tax be levied on such city to pay any part of such com- pensation or allowances. "When any county shall be so divided "the county board may assign the county superintendent in office to either district, and the state superintend- ent shall appoint a county superintendent for the other district, to hold until his suc- cessor is elected and qualified according to law. The acceptance of the office of county supervisor by any county superintendent of schools shall vacate his office. Committees on common schools. Section 704. 1. There is hereby created a com- mittee for each county or county superintendent district in the state of Wisconsin, to be known as the committee on common schools, consisting of three members, to be appointed or elected as hereinafter provided. 2. The chairman of the county board of supervisors of every county in the state im- mediately after the passage and publication of this act shall appoint three persons to act as a committee on common schools for the creation, dissolution, or consolidation of school districts, or alteration of school district boundaries, and the appointment of supervising teachers provided for in subsection 10 of section 608. Any elector resident within the county, but not within a city under a city superintendent, shall be eligible to appointment on such committee, provided that no member of the county board of supervisors shall be eligible to serve as a member of such committee. The terms of office of the members of the committee on common schools appointed by the chairman of the county board of su-. pervisors shall expire on the first Tuesday succeeding the second Monday in November, 1015. At the annual meeting of the county board of supervisors of every county in the state held in November, 1015, there shall be elected by the county board of supervisors a committee on common schools consisting of three members to perform the duties imposed by this act on such committee. The terms of office of the members of the committee on common schools shall be for three years from the date of their election, except that the county board of supervisors at the November meeting, 1015, shall select one member who shall serve for one year, one member who shall serve for two years, and one member who shall serve for three years from the date of his election, and annually thereafter the county board of supervisors of eveiy county in the state shall at the regular meeting in November elect one member on the committee on common schools who shall serve for three years from the date of his election or until his successor shall have been elected. 3. Vacancies occurring in the committee on common schools while the county board of supervisors is not in session shall be filled by appointment by the chairman of the county board of supervisors. The person so appointed shall serve until the next regular meeting of the county board of supervisors, at which time the vacancy shall be filled for the unex- pired term by election by the county board of supervisors. 4. The members of the county board of supervisors representing only cities or wards of cities or districts in cities having an independent system of schools supervised by an independent city superintendent, shall have no voice in electing members of the committee oir common schools, nor shall any tax be levied in such city to pay any part of the per diem or expenses of the members of such committee. In counties maintaining two super- intendent districts the chairman of the county board of supervisors shall appoint two com- mittees on common schools of three members each, as provided for in subsection 2 of sec- tion 704, and the county board of supervisors in such counties shall in November, 1015, and annually thereafter, as provided for in subsection 2 of section 704, elect two commit- tees on common schools. 5. The members of the committee on common schools appointed before November, 1015, shall meet at the county seat on the first Tuesday after their appointment and elect one of 347 * Chap. 40a s. 925 — 46m] [General City Charter Law. the members as chairman of the committee, who shall serve until his successor shall have been chosen. The first meeting of the committee on common schools held in accordance Avith this subsection shall be construed to be the first annual meeting of the committee on common schools. 6. After December 1, 1915, the committee on common schools shall meet annually at the county seat on the first Tuesday in December for the transaction of such business as may properly come before it. Special meetings may be called by the secretary of the committee upon the order of the chairman, or by the other two members of the committee at such times and places as may be designated in the call. At least six days' written notice of the time, place and purpose of any special meeting shall be given each member of the committee. It shall be lawful to send such notice by registered mail. The clerk for the county superintendent shall be ex officio secretary of the committee, but in case no such clerk is serving then the committee on common schools shall elect one of its members as secretary. A majority of the committee shall constitute a quorum. 7. It shall be the duty of the secretary of such committee to keep a record of all of the proceedings of the committee. The county clerk shall furnish the committee, at the ex- pense of the county, all necessary record books, stationery, printing and postage needed for the proper discharge of its duties. The bill for the expense of such supplies shall be audited and allowed as other claims against the county are audited and allowed. It shall be the duty of the county superintendent, upon the request of the committee, to attend its meetings and to advise with the committee. 8. The members of the committee on common schools shall be allowed a per diem of three dollars and all necessary and actual expenses incurred in the performance of their duties, provided that they shall not be paid a per diem for more than fifteen days in any one year. The per diem and the expenses of the members of this committee shall be audited and paid as other claims against the county are now audited and paid. 9. Any person feeling himself aggrieved at the action of any town board, village board of trustees, or city councils in creating, dissolving, or consolidation of school districts, or altering school district boundaries, or in refusing to create, dissolve, or consolidate school districts, or alter school district boundaries may appeal to the committee on common schools, which shall try the appeal in the manner, within the time and with the same re- sult as in case of trial on appeal to the state superintendent. 10. Any person feeling himself aggrieved at the action of the committee on common schools in creating, dissolving, or consolidating of school districts, or altering school dis- trict boundaries, or in refusing to create, dissolve, or consolidate school districts, or alter school district boundaries, or by anything done by the committee under the pi'ovisions of . this section, may appeal to the state superintendent as is now provided by law in sections 497 and 497a of the statutes. 11. It shall be the duty of the committee on common schools to file a copy of its decision in any case heard before it in accordance with the provisions of this section with the clerks of the school districts interested and with the county superintendent within six days after having made, said decision. 12. The committee on common schools shall within two years after its appointment proceed to make a map of the county, showing the boundaries of the school districts in the county the location of the sehoolhouses, and the main highways. It shall be the duty of the county superintendent, the supervising teachers, and the clerk for the county superin- tendent to assist the committee on common schools in the preparation of the county school district map. The map when made shall be kept in the office of county superintendent at the county seat, or in case the county superintendent does not maintain an office at the county seat, then in the office of the county clerk, and shall be corrected from time to time. But no order for the consolidation of school districts shall be made if a majority of those voting on the question of consolidation under section 496 — 1 of the statutes, shall vote against consolidation. 13. It shall be the duty of the committee on common schools on or before the first day of November of each year to file with the county board of supervisors a report setting forth the number of meetings held and the number of school districts created, dissolved, consolidated or altered, and a report of the expenses of the members of the committee. The report when filed shall he published in the proceedings of the county board of super- visors and shall be filed with the county clerk. [1915 c. 531 s. 2] School boards; proceedings; printing; publication. Section 925 — 46to. The official proceedings of regular and special meetings of boards of education in all incorporated cities and villages in this state, including a full statement of all receipts and expendi- tures, shall be printed and published in such manner as the board of education shall direct. [1909 c. 249] 348 Chap. 40a s. 925—113] [General City Charthr Law. GENERAL CITY CHARTER LAW SCHOOLS. School board; changing system and boundaries; certain cities. Section 925 — 113. 1. If in any city other than of the first class which has adopted the general charter law, or which shall hereafter become incorporated under the provisions of section 925<7, of the statutes, or which has adopted or which shall hereafter adopt subchapter XIV of chap- ter 40a, of the statutes, there shall be at the time of such adoption or incorporation a board of education or a school board elected by the people, or the ordinary school dis- trict system is in force, the plan of school organization and management shall continue until changed by a majority vote of the electors of such school district or districts; neither shall the adoption of the general charter or the act of incorporation under the provisions of section 925a operate to change or in any way affect the boundaries of any school district. 2. If the district system is in force, the vote shall be taken at a special election, duly called, noticed and held as provided by law; and if any city shall contain more than one school district, then the special election shall be held in each school district any part of which lies within the city limits, upon the same day and at the same hour, and the existing system shall not be changed unless a majority of the electors voting in each dis- trict at such special election shall vote in favor of such change. 3. If a majority of the electors voting in each such district at such special election shall vote in favor of such change, then such change of school system shall go into effect and be such as is provided for in said subchapter XIV and the school district boundaries shall, without further action, be changed so as to create one school district which shall include all the territory embraced within the limits of such city and each and all of those parts or portions of each such former district or districts lying outside of the limits of such city shall be attached to and connected with such city for school purposes; such change of the school system and school district boundaries shall go into effect on the first day of March following such special election and not earlier, and the school district boards and district officers existing at the time of holding such election shall continue in office and shall have exclusive control of their respective schools and school properties until such change of school system and school district boundaries shall go into effect as hereinbefore provided and to the end of the then current school year, and on the first Monday of July following the date when such change of school system goes into effect each of said school boards shall settle their accounts with the board of education and shall deliver all property, papers and records of each of their respective districts to said board of education. 4. Immediately after the holding of such special election in each such district, each school district board shall certify and return the results of such election to the clerk of each city and town within which any part of either of such district is located and if such change of school system is voted upon favorably in each such district, the clerk of each such municipality shall make a record in his office showing the change of such system and boundaries and the date when the same will go into effect. 5. If the existing system of school organization is directed and controlled by a board of education or a school board either appointed or elected under the provisions of a spe- cial charter, such system can be changed by vote of the electors taken at a special elec- tion called and held pursuant to the provisions of such special charter governing special elections. 6. If the existing system of school organization is directed and controlled by a board of education appointed by the mayor under the provisions of the general charter law, such system can be changed by a vote of the electors taken at a special election duly called and held pursuant to law. 7. In all cases where the existing system or plan of school organization shall be changed under the provisions of this section, such change shall not go into effect until the close of the then current school year. 8. In all cities governed by this subchapter, the school shall be under the control of a board of education, which board except as provided in section 925— 113w shall consist of one commissioner from each ward and three from the city at large, to be appointed by the mayor and confirmed by the common council, or elected by the common council, if so determined by ordinance. The mayor in appointing or council in electing the first board shall divide the members into three classes as nearly equal as may be, one of the com- missioners at large being in each class, and shall appoint those of one class for one year, those of another class for two years, and those of the remaining class for three years. Each commissioner shall hold his office for the term designated in such classification and 349 Chap. 40« s. 925— 113a] [General City Charter Law.. until bis successor shall have qualified; thereafter all commissioners shall be appointed or elected and hold their offices for three years and until their successors shall have qualified. [1911 c. 663 s. S3] Cities, fourth class; changing school government. Section 925 — 113a, 1. Upon the presentation of a resolution to the city clerk of any city of the fourth class now operat- ing its schools under the provisions of the general charter or a special charter, signed by thirty per cent of the legal voters of such city school district, requesting a return to the ordinary "district system of school government, and an annulment of that provision of the charter under which the schools are now administered, it shall become the duty of the city council to submit this question to the electors of the city school district at a special* election, duly called, noticed and held pursuant to law. 2. And if a majority of the electors of the city school district shall, at the special election duly held pursuant to the provisions of such special charter governing special elections or* of the general charter, vote in favor of said change of school government, then thereafter the schools of such city school district shall be administered, maintained, and operated under the ordinary district form of school government until changed by ipetent authority. 3. In all cases where the existing system or plan of school organization shall be changed under the provisions of this section, such change shall not go into effect until the. close of the current school year. [1911 c. 663 s. 84] Special election; adopting section 925 — 113n. Section 925 — 113m. At the special election mentioned in section 925 — 113, there shall be submitted to a vote of the electors of the several school districts the question, "Shall the board of education be elected in accordance with section 925 — 113n?" If a majority of all the votes cast upon that ques- tion at such election shall be in the affirmative, then the board of education shall be elected in accordance with the provisions of said section 925 — 113« at the spring election held in such city next after the time when such change of school system and school dis- trict boundaries shall go into effect. [1909 c. 177] Board of education; members; election; notice; term; vacancy. Section 925 — 113«. 1. Where the electors have decided in the affirmative under the preceding section, the board of education shall consist of seven commissioners elected at large from the terri- tory of such city. The members of such board shall be divided as nearly equal as may be into three classes. One class of three members shall be elected for one year, one class of two members for two years, and those of the remaining class for three years. Such commissioners shall* be elected at the annual spring election held in such city. The names of the candidates for the office of school commissioner shall be printed upon a separate ballot under the title "school commissioners." 2. At the annual spring election next after the time when the change of school system and school district boundaries shall go into effect, there shall be elected seven commis- sioners to constitute the board of education for such school district. All qualified elec- tors within such city shall be entitled to vote for such commissioners at such election. 3. At the first election held for the office of school commissioner the two persons re- ceiving the highest number of votes shall be elected for three years, the two receiving the next highest number of votes shall be elected for two years, and the three receiving the next highest number of votes shall be elected for one year. Each elector voting at such first election shall be entitled to vote for seven candidates. Thereafter such electors shall elect at each spring election commissioners for the term of three years. Each elector shall be entitled to vote for as many candidates as there are commissioners to be elected and the ones receiving the highest number of votes shall be elected. 4. The votes cast at such election shall be canvassed and return thereof certified to the commom council. The common council shall canvass the returns of such election and shall declare the result thereof as for city officers. 5. The persons elected in accordance herewith shall constitute the board of education of such school district. The term of office of each such commissioner shall commence on the first- day of May following such election and each commissioner shall hold office until his successor is elected and qualified. Vacancies in such board of education shall be filled by appointment by the mayor of such city subject to the approval of the council. Notices of election under this statute shall be given as in other elections in said city. [1909 c. 177] Annual meeting. Section 925 — 114. The first meeting of the board each year shall be held on the first Monday in May or as soon thereafter as may be. At such meeting the board shall elect one of its members president and another vice president. The president shall preside and preserve order at every meeting of the board at which he shall be present, and perform such other duties as the board shall by rule, by-law or 350 Chap. lOn s. 925 — 115] [General City Charter Law. resolution from time to time require of him. It shall be the duty of the vice president to discharge the duties of the president in his absence. Secretary and superintendent. Section 925 — 115. In cities of the first class the board of education shall, annually at its first meeting or as soon thereafter as may be, elect a secretary who shall not be a member of the board. In other cities the city clerk shall be ex officio secretary of the board. In cities not under the supervision' of a county superintendent the board shall, in like manner at such meeting or as soon thereafter as may be, elect a superintendent of schools for the city who shall not be a member of the board. These officers shall hold their respective offices for one year and until their suc- cessors shall have been elected, unless sooner removed by a resolution adopted by a vote of two-thirds of the members of the board. Authority of board. Section 925 — 116. The board of education shall have authority : (1) To establish and organize such high schools and so many district schools and branches of the same, primary schools, night schools and kindergartens as they shall deem expedient. (2) To establish and change from time to time such and so many school districts as shall include all the territory of the city, and to afford to the people of the city such dis- trict school facilities as the circumstances of the city and its various parts may from time to time require; provided, that in cities adopting this chapter or being newly organ- ized under it the school districts already established shall remain until otherwise ordered by the board. (3) To purchase and preserve such school apparatus as may from time to time be re- quired. (4) To. grade the schools and prescribe the course of study to be pursued therein and the textbooks to be used; provided, that such textbooks shall not be changed oftener than once in five years. (5) To employ teachers of all grades and fix their salaries. (6) To prescribe rules of order for the regulation of their own meetings and delibera- tions, and alter and repeal the same from time to time as they shall see proper. (7) To appoint all necessary standing and special committees. (8) To enact, amend and repeal all necessary rules, regulations and by-laws for the government of' the schools, teachers and school officers. (9) To fix the salaries and prescribe the duties of the superintendent of schools in cities not under the supervision of a county superintendent, to authorize him to appoint such assistant superintendents, either for general or special service, as they may deem necessary, and fix the salaries of such assistants: to fix the salary of the secretary of the board and his assistants; prescribe his duties, whether he be the city clerk or one specially elected by the board, and in the latter case to authorize such secretary to ap- point such assistants as they may deem necessary. (10)- To contract for and purchase all necessary fuel for the schools and school offi- ces, provide for lighting the same, appoint janitors for the school buildings and school offices and fix thrir salaries. (11) To estimate the expenses of the public schools as hereinafter provided. (12) To exercise all the powers necessarily incident to the powers herein conferred. Monthly and special meetings. Section 925 — 117. It shall be the duty of said board to .hold monthly meetings at such times as it shall from time to time prescribe; special meetings may be held under such rules and regulations as the board may fix. School buildings; office for board. Section 925 — 118. It shall be the duty of the board pf public works, except as provided in section 925 — 87, under the direction of the council, to erect and keep in repair all school buildings, and to provide suitable offices for the board of education and its secretary, if there be one other than the city clerk, and the city superintendent of schools, if any. In the absence of permanent school build- ings, or proper offices for the transaction of school business, the board of public works may rent suitable rooms, temporarily, for schools or offices or either. Cities, third and fourth class; school buildings; sites; construction; contracts. Sec- tion 925 — 118rt. In all cities of the third and fourth class the expenditure of all sums of money appropriated for the purchase of a school site or sites, or for the erection, enlargement, alteration or repair of school buildings and for the maintenance of schools, shall be under the direction and authority of the board of education. Whenever the estimated cost of the buildings to be erected, enlarged, altered or repaired exceeds one thousand dollars, the boai'd of education shall make, or cause to be made, plans and speci- fications setting forth clearly and in detail the work to be done and the material to be used and an estimate of the cost of the same. After these plans and estimates have been adopted by the board and approved by the common council said board shall give at least 351 Chap. 40a s. 925 — 118a] [General City Charter Law. ten days' notice by advertisement in the official city paper, or in one designated by the common council, of the reception of bids for the execution of the proposed work. All bids must be sealed and accompanied by a satisfactory bond in such sum as may be designated in the advertisement for bids, signed by the bidder and two or more sure- ties, who shall be residents .of this state, and who shall justify as to their responsibility, and by their several affidavits show that they are worth in the aggregate at least double the amount of the bond in property not by law exempt from execution in this state, or by a bond of a surety company duly licensed to transact business in this state, such bond and sureties to be approved by the board previous to the opening of the accompanying bids or proposals, and shall be conditioned that the bidder will enter into a contract with the required sureties, for the price mentioned in his proposal and according to the plans and specifications on file, in ease the contract shall be awarded to him; and in case of failure on his part to execute a contract with satisfactory sureties, said bond shall be prosecuted in the name of said city, and judgment recovered thereon for the full amount of the penalty thereof as liquidated damages, in any court having jurisdiction of the action, unless the common council shall by resolution 'direct that no action be com- menced; provided, that a certified check for not less than five per cent of the estimated cost of said proposed work may be received by said board in lieu of the bond hereinbe- fore 23rovided for. The power to reject any and all bids shall be deemed to exist unless expressly waived. All contracts entered into under this provision shall be let to the lowest bidder, ex- cept as hereinafter provided. Whenever the lowest bid for any work to be let by the board shall exceed the estimates, or seem to said board to be unreasonably high, the board is authorized to reject all bids and to readvertise the work anew; or whenever no proper bids shall be received, or whenever the lowest bid exceeds the estimate, or the lowest bidder shall be in the judgment of said board incompetent, or otherwise unreliable for the performance of the work for which he bids, the said board shall report to the common council a schedule of all the bids received, together with such recommendations as the board shall choose to make with their reasons therefor, and the common council may authorize the board to let the work to the lowest competent and reliable bidder; or the council by vote of two-thirds of all its members may authorize the board to have the work done under the supervision of such person or persons as the board may designate. A written or printed contract shall be entered into for the completion of the work with a bond in such sum as the board may designate for its full performance. Said bond shall be executed by two or more sureties for the contractor, guaranteeing to the satisfaction of said board the performance of such contract by the contractor under the su]3ervision and to the satisfaction of said board, each of which sureties shall make affi- davit that he is a resident of the state of Wisconsin, and that he is the owner of real estate in the state of Wisconsin, free from incumbrances, subject to execution, of a cash value equal to the penal sum of such bond, and that he is worth the estimated amount of money to be paid on such contract, over and above all his debts and liabilities, in prop- erty in this state subject to execution, or by a bond of a surety company duly licensed to do business in this state. The said board shall reserve in every contract the right to determine finally the per- formance of such contract, or doing of the work specified therein ; and the right, in case of improper or imperfect performance thereof, to suspend such work at any time; or to order the entire reconstruction of the same, if improperly done, or to relet the same to some other competent party; and also the right, in case such work shall not be prose- cuted with such diligence and with such number of men, as to insure its completion within the time limited by the contract, to suspend such work and to relet the same to some other competent party, or to employ men and secure material for the completion of the same, and charge the cost to the contractor. And power is hereby given to the said board to adjust and determine all questions as to the amount earned under any contract by the contractor or contractors, according to the true intent and meaning of the contract; such adjustment and determination by said board shall be reported by the board to the common council, and when approved by said council shall be final between the parties and binding upon them. If the amount of damages to be paid to the city shall exceed the amount due from the city to the con- tractor or contractors, according to such determination and adjustment, then the differ- ence, or balance in favor of the city, according to such determination and adjustment, shall be recoverable by law in an action in the name of the city against such contractor or contractors and their sureties, in any court having jurisdiction. Every contract with the city shall also contain a covenant or agreement on the part of the contractor or his sureties, that in case such contractor shall fail to fully complete 352 Chap. 40a s. 925—119.] [General City Charter Law. and perform such contract within the time, therein limited for the performance thereof, such contractor shaH pay to the city as liquidated damages for such default, a certain and definite sum for each day's delay in completing the contract, after the time therein limited for its completion, which daily sum shall be determined and fixed by said board before the contract for the work shall be let, and shall be stated in the advertisement for proposals for the work, and shall be inserted in the contract, and shall in no case be less than one-half of one per cent of the aggregate cost of the work embraced in said con- tract. Payments may be made at intervals as the work progresses, but no more than eighty per cent of the value of the work actually done and material furnished shall be paid at any time before the entire completion of the work. The board of education shall have authority to employ a competent person or persons for the supervision of the work. In any city of the third and fourth class the common council may adopt this section as provided in section 926, of the statutes. [1911 c. 663 s. 84] Estimate of expenses. Section 925 — 119. 1. The board of education shall prior to the first day of October each year make an estimate of the expenses of the public schools for the ensuing year, including all necessary incidental expenses and the amount thereof which it will be necessary to raise by city taxation and certify the same to the city clerk who shall lay the same before the common council at its next regular meeting. It shall be the duty of the common council to consider such estimate and by resolution determine the amount to be raised by city taxation for school purposes for the ensuing year, which amount so fixed shall be included in the annual budget to be raised by a tax called the city school tax, which shall be collected the same as other taxes. 2. It shall be the duty of the city treasurer to keep all moneys raised in any way for school purposes, whether by the state, the county or the city, coming into his hands and to pay out the same whenever the board of education shall present to the city clerk a certified bill, voucher or schedule signed by its president and secretary setting forth the names of the claimants, the amounts of each claim and the purpose for which expended; such city clerk shall issue orders upon the city treasurer, who shall pay the amounts thereof, pro- vided that funds are on hand in the city treasury appropriated for school purposes suffi- cient to pay the same. 3. Provided that in any city adopting this chapter, if at the time of such adoption the board of education or school board shall have power to levy the city school tax or the dis- trict school taxes, such power shall continue unaffected by this chapter, and this section shall not apply to such city nor be in force therein until specially adopted by a vote of three-fourths of the members of the council. [1913 c. 490] Tax; property subject to levy; collection. Section 925 — 119m. 1. In all cities gov- erned by this subchapter, having a school system under the provisions hereof and hav- ing attached to or connected with it for school purposes territory outside of the city limits, all the taxable property within the territory so attached to or connected with such city shall be subject to be taxed for the support and maintenance of the schools of such city, the same as property within such city. 2. It shall be the duty of the city clerk of such city in each year to ascertain the rate per cent which all taxes raised in said year in said city for school purposes bear to the assessed value of all the property tax for school purposes within such city for that year, and on or before the twenty-fifth day of November in such j^ear in writing to notify the town clerk or clerks of the town or towns in which such attached or connected territory is situated of such per cent or rate tf: taxation in such city for school purposes, and it shall thereupon be the duty of said town clerk or clerks and each thereof immediately to carry out on the tax rolls of such town or towns respectively for such year a tax for school purposes of the- same per cent on all taxable property within that portion of their respective towns so attached to such city for school purposes and such tax so carried out on such tax rolls is hereby declared duly levied and a lien on such taxable property until paid the same as other taxes as provided by law. 3. It shall be the duty of the' treasurer of such town or each such town to collect said tax in the same manner as other taxes, and the said treasurer or treasurers respectively shall pay over in each year in full the amount of taxes so carried out on said rolls and assessed on said property in their towns respectively for the purposes of schools in such city to the treasurer of such city, in the same order and as they are now required by law to pay moneys raised for common school purposes, and return taxes collected for any school district whether such town treasurer has collected such tax or not. 353 'Chap. 40a s. 925—142] [General City Charter Law. • 4. If the taxes hereby provided for shall not be collected by said treasurer they shall be returned with and as delinquent taxes and their collection enforced in the manner now- provided by law for collecting- delinquent taxes. [1909 c. 177] Estimates; levy. Section 925—142. On or before the first day of October in each year the board of public works, if there be one, shall file with the city clerk a detailed statement of the amount of money that will be required for the ensuing fiscal year in such department, and the city comptroller or the officer performing his duties shall likewise file a statement of the amount required by the police and fire departments, the general and library fund, and for the purpose of paying interest for the ensuing year on the public debt and five per cent of the principal thereof. The city clerk shall place such estimates before the council at its next regular meeting, and the council shall thereupon by resolution, levy such sums of money as may be sufficient for the several purposes for -which taxes are authorized not exceeding the amount provided by section 925 — 142a. And in making such levy they shall take into consideration the estimated amount that will be received by the city during the fiscal vear from licenses or from any other source. [1907 c. US] Limitation. Section 925 — 142a. The common council shall have power to levy an- nually such sum or sums of money as may be sufficient for the several purposes for which taxes are authorized to be levied and to apportion the same into such funds for city or ward purposes as they may provide by ordinance or resolution ; provided, a tax levied for any one year for municipal purposes, together with the tax required to be levied for state, county, county school and school 'district purposes, and for delinquent taxes for the preceding year, shall not exceed three and one-half per cent of the assessed value of the real and personal property in the city in that year. [1907 c. 118] •Council; powers; duties; president; quorum; vote. Section 925m — 308. 6. Upon the first Tuesday in May following the reorganization of any city as provided for in sections 925m — 301 to 925m — 319, inclusive, and annually thereafter, the council shall select from among their number someone to act as a member of each of such boards and commissions, including the board of education. Such' members so selected shall have all the power and authority vested by law in any other member of such board or commission, and shall serve as a member thereof so long as he shall remain in office or until the council selects his successor. In cities which have heretofore reorganized under the provisions of sections 925m — 301 to 925/h — 318, inclusive, such selection shall be made at the first regular meet- ing of the council after the passage and publication- of this act, and annually thereafter -on the first Tuesday of May. trade schools. Trade schools ; establishment. Section 926 — 22. Any city in the state of Wisconsin or any school district having within its limits a city desiring to establish, conduct and maintain a school or schools for the purpose of giving practical instruction in the useful trades to young men having attained the age of fourteen years and young women having attained the age of fourteen years, as a part of the public school system of such city, is empowered to do so by complying with the provisions of sections 926 — 23 to 926 — 30, in- clusive, statutes of 1898. [1909 c. 155, 401] School boards to control. Section 926 — 23. Such' trade school or schools shall be under the supervision and control of the school boards of the respective cities or school districts in which they may be located. [1907 c. 122] Power of board; enrolment. Section 926 — 24. The school board of every such city or school district is given full power and authority to establish, take over and maintain a trade school or schools, equip the same with proper machinery and tools, employ a com- petent instructor or instructors, and give practical instruction in one or more of the com- mon trades. Such a trade school shall not be maintained, however, unless there be an average enrolment of at least thirty scholars. [1907 c. 122] Management of trade school. Section 926 — 25. Whenever any school board shall have established or taken over an established trade school, such school board may prepare the courses of study, employ instructors, purchase all machinery, tools and supplies, pur- chase or lease suitable grounds or buildings for the use of such school and exercise the same authority over such school which it now has over the schools under its charge. [1907 c. 122] Advisory committee; appointment, qualification, term, powers, vacancy. Section 926 — 26. Whenever any school board shall have established or taken over an already es- tablished trade school or schools, it may appoint an advisory committee to be known as the committee on trade schools, consisting of five citizens not members of the school board, each of whom is experienced in one or more of the trades to be taught in the school or 354 Chap. 406 s. 926—27] [Special City Charter Laws. schools, to assist in the administration of the trade school or schools located in that city, which committee shall be appointed by the president of such school board with the ap- proval of the majority of the board. Such committee shall have authority, subject to the approval and ratification of the school board, to prepare courses of study, employ or dis- miss instructors, purchase machinery, tools and supplies, and purchase' or rent suitable grounds or buildings for the use of such trade schools. When any such committee on trade schools is appointed, two of its original members shall be appointed for the term of one year, two for the term of two years, and one for the term of three years, and there- after, as the terms of these members so appointed expire, their suecessoi's shall be ap- pointed each tor the term of three years. In case of any vacancy during the term of any member of, said committee, said school board shall fill such vacancy by appointment for such unexpired term. [1909 c. 155] Incidental fees; sale of product. Skctiox 926 — 27. Students attending any such trade school may be required to pay for all material consumed by them in their work in such school at cost prices or in lieu thereof the school board may establish a fixed sum to be paid by each student in each course which sum shall be sufficient to cover, as nearly as may be, the cost of the material to be consumed in such course; any manufactured articles made in such school may be disposed of at the discretion of the school board, and the pro- ceeds shall be paid into the trade school fund. [1907 c. 122] Tax for trade school fund. Section 926—28. Whenever any such school board shall have decided to establish a trade school or schools, or to take over one already estab- lished, under the provisions of sections 926 — 22 to 926—30, inclusive, of the statutes, a tax, not exceeding three-tenths of a mill upon the dollar on the total assessed valuation of all property, real and personal, of such city, subject to taxation, shall be levied, upon the requisition of the school board, as other school taxes are levied in such city; the fund derived from such taxation shall be known as the "trade school fund," shall be used in es- tablishing and maintaining a trade school or trade schools in such city, shall not be di- verted or used for any other purpose whatsoever, and may be disposed of and disbursed by the school board of such city in the same manner and pursuant to the same regula- tions governing the disposition and disbursement of regular school funds by such boards. [1911 c. 661 s. 8] Temporary transfers from regular school funds. Section 926 — 29. Any school board desiring to avail itself of the provisions of this act, may, before the trade school fund herein provided for becomes available, establish, take over, equip and maintain a trade school or schools out of the regular school funds which may be at the disposal of such school board, provided, however, that all moneys used for these purposes out of the regular school funds shall be refunded within three years from the trade school fund. [1907 c. 122] Vote for and against establishment; board to act in absence of petition for vote. Section 926 — 30. 1. When the school board of any city of the second, third or fourth class, or the school board of any school district having within its limits such a city, shall determine to establish, take over, conduct or maintain such trade school, it shall publish notice of its intention so to do with a copy of the resolution or order expressing such de- termination once each week for four successive weeks in a newspaper published in said school district and shall take no further steps in said matter until the expiration of thirty days from the date of the first publication. 2. If within such thirty days there shall be filed with the clerk of such city a petition signed by a number of electors of the school district equal to twenty per centum of the number of votes cast in said city at the last municipal election praying that the question of the establishment, taking over, conduct and maintenance of such trade school shall be submitted to the vote of the electors of such school district, the city clerk shall at the earliest opport unity lay such petition before the common council. The common council shall thereupon at its next regular meeting by resolution or ordinance direct the city clerk to call a special election for the purpose of submitting such question to the electors of such city and school district. 3. Such election shall be noticed and conducted and canvassed in accordance with the provisions of section 943, of the statutes. All electors within the territory constituting such school district, qualified to vote at any election pertaining to school district matters shall be entitled to vote. 4. If any of said school districts shall be beyond the limits of such city, the city clerk shall immediately upon the passage of the resolution or ordinance by the city council or- dering such election, transmit a copy thereof to the clerk of the town or towns of which such territorv is constituted. The clerk or clerks of said towns shall thereupon cause a 3o.v Chap. 40b s. 926 — 104m.] [Special City Charter Laws. notice of such election to be given and such election to be held and canvassed as provided in section 943. 5. If a majority of the ballots cast in such school district shall be in favor of the es- tablishment, taking over, conducting or maintenance of such trade school, then such board shall proceed as heretofore provided to establish, take over, conduct and maintain such trade school. 'But if a majority shall vote against such proposition to establish, take over r conduct and maintain a trade school, the boai'd shall take no further steps towards such end. 6. If no petition to submit such proposition to establish, take over or maintain a trade school to the vote of the electors shall be filed with the city clerk within thirty days after the first publication of the notice of the determination of the school board to take such action, then such school board may proceed as hereinbefore provided without submitting such proposition to the electors of the district. [1911 c. 663 s. 97] Cities, third class ; high school buildings. Section 926 — 104m. The board of educa- tion of any city of the third class, organized under a special charter which authorizes such board to purchase sites and erect high school buildings, may select any such site or erect any such building without restriction as to any territorial limitation that may be contained in the charter of such city. [1907 c. 69; 1907 c. 676 s. 2] superintendent of schools. City superintendent of schools; election; duties. Section 926 — 115. In all cities ex- cept cities of the first class, there may be elected by the board of education or the board of school commissioners, a city superintendent of schools for a term not to exceed three years, whose duties shall be : (1) To examine and license teachers according to the statutes. (2) To supervise the administration of the courses of study. (3) To have general supervision of the professional work of the schools of the city,, including the holding of teachers', meetings and the promotion of pupils. Report. (4) From time to time to make a written report to the board of education or board of school commissioners, as the case may be, embodying such recommendations relative to the employment of teachers, adoption of textbooks, changes in the course of study, enforcement of discipline, and such other matters as said superintendent may deem for the best interests and welfare of the city schools. Duties; compensation. (5) To make such other reports and to perform such other duties as the board of education or board of school commissioners may direct and which are not in conflict with the provisions of this act. The board of education or the board of school commissioners shall determine the annual compensation to be paid said city super- intendent of public schools from the school funds of the city. [1909 c. 86] Effect of statute. Section 926—116. Sections 926—115 to 926—117, inclusive, shall apply to all cities, except those of the first class in which a city superintendent of schools is elected or appointed by the board of education or the board of school commissioners, and no city superintendent of schools shall engage in any other pro- fession or occupation or pursuit for such time or in such manner as shall interfere with the proper discharge of his duties a's such superintendent during the term for which he is elected or appointed. A violation of any of the provisions of this section shall subject the offender to removal from office; provided, that nothing in sections 926 — 115 to 926 — 117, inclusive, shall be construed to bar any city superintendent of schools from being: principal of, or teaching in any school under his supervision, and no person shall be eligi- ble to the office of city superintendent of schools whose legal qualifications are not equiva- lent to those required for the principalship of a free high school having a course of study requiring four years for its completion. [1911 c. 663 s. 99] Officers of board; superintendent ineligible. Section 926 — 117. The board of edu- cation or board of school commissioners in all cities except cities of the first class shall annually choose one of their own number to act as chairman and shall choose a secretaiy who may or may not be a member of the board. It shall be the duty of said secretary to be present at each board meeting; to keep in full in a book provided for that purpose, the minutes of such meeting and to perform any other clerical duties under the direction of the board at such compensation as the board may fix. It is further provided that said city superintendent of schools shall not be eligible to membership on the school board nor to act or be elected as president or chairman thereof. [1907 c. 118] Superintendent conventions ; attendance; expenses. Section 926 — 117m. It shall be the duty of each city superintendent to attend annually one convention called and held by the state superintendent for the purpose of consultation upon matters pertaining to the 356 Chap. 40b s. 926— 117o] [Special City Charter Laws. supervision and management of city schools. Each superintendent shall be reimbursed his actual and necessary expenses incurred for travel, board and lodging because of attend- ance upon such convention, such bills to be audited and allowed by the boards of education upon presentation of an itemized statement of expense accompanied by a certificate of at- tendance signed by the state superintendent. [1909 c. 253] BOARDS OF EDUCATION IN SECOND, THIRD AND FOURTH CLASS CITIES. Referendum. Section 926 — 117o. 1. In any city of the second, third or fourth class organized and operating under a special charter, upon presentation, to the city clerk, of a petition signed by electors thereof, qualified to vote on school matters, equal in number to thirty per cent of the votes cast in any such city for all candidates for state superintendent of public instruction at the last preceding election of such officer, request- ing that the board of education of such city shall be elected pursuant to section 926 — 117p of the statutes, it shall be the duty of the city council to submit such question to the elec- tors of such city at a special election, duly called, noticed and held pursuant to the pro- visions of law governing special elections in such city. 2. If a majority of all the votes cast upon such question at such election be in the af- firmative, then the board of education shall be elected in accordance with the provisions of said section 926— 117p. [1913 c. 494] Election of board. Section 926 — U7p. 1. When the electors have decided in the affirmative under section 926 — 117o, the board of education shall consist of seven members elected at large from the territory of such city. The members of such board shall be- divided as nearly equal as may be into three classes. One class of three members shall be' elected for one year, one class of two members for two years, and those of the remaining class for three years. Such members shall be elected at the annual spring election held in such city. The names of the candidates for such office shall be printed upon a separate ballot under the title "Members of the Board of Education." -. At the next annual spring election there shall be elected seven members to constitute- the board of education for such school district. All qualified electors within such city shall be entitled to vote for such members of the board of education at such election. 3. AfTthe first election held for the office of member of the board of education, the two- persons receiving the highest number of votes shall be elected for three years, the two re- ceiving the next highest number of votes shall be elected for two years, and the three receiving the next highest number of votes shall be elected for one year. Each elector- voting at such first election shall be entitled to vote for seven candidates. Thereafter such electors shall elect at each spring election members of the board of education for the term' of three years. Each elector shall be entitled to vote for as many candidates as there are members to be elected and the ones receiving the highest number of votes shall be elected!. 4. The votes cast at such election shall be canvassed and return thereof certified to the- common council. The common council shall canvass the returns of such election and shall declare the result thereof as for city officers. 5. The persons elected in accordance herewith shall constitute the board of educafion of such school district. The term of office of each such member shall commence on the' first day of May following such election and each member shall hold office until his suc- cessor is elected and qualified. Vacancies in such board of education shall be filled by appointment by the mayor of such city subject to the approval of the council. Notices of election under this statute shall be given as in other elections in said city. [1913 e. 494] Eemoval of county superintendent. Section 975. The judge of the circuit court may, in term time or vacation, by an order specifying the cause thereof, a copy of which, he shall certify to the county clerk, remove any county superintendent of schools in his circuit for incompetency, wilful neglect of duty or for acting as agent for or receiving any fee or reward from any author, publisher, bookseller or dealer in school books,, maps or charts or school library books or school furniture or apparatus. Such removal shall be made only upon a petition setting forth fully the charges preferred against him, and after a copy thereof, with a notice attached, stating the time and place when and where such petition will be presented to such judge, shall have been personally served upon such superintendent at least thirty days before the hearing, and an opportunity given him to be heard. The testimony shall be taken and the proceedings conducted sum- marily under such reasonable regulations as the judge shall prescribe. School fund tax. Section 1072a. There is appropriated annually to the common school fund income an amount equal to seven-tenths of one mill for each dollar of the as- sessed valuation of the taxable property in the state, as determined by the tax commission,, exclusive of the property of corporations which pav license fees, or which are assessed for 357 Chap. 4S s. 10726] [Assessment of Taxes. taxation by the tax commission, to be derived annually as follows: Two hundred thousand dollars from the license fees, or taxes paid by said eorporations,-a*nd the balance from a tax which shall be levied on all other taxable property. The appropriation hereby made shall be taken from the license fees and taxes aforesaid accruing to the state in the month of February in each year, and the amount thereof shall be disbursed' in the manner and under the conditions and restrictions provided for disbursement of the common school fund in- come. [1913 c. 769 s. 9] School fund tax; apportionment. Section 1072/*. The state superintendent shall apportion the school moneys each county will be entitled to receive under the provisions of this section between the tenth and fifteenth days of December in each year, and certify the apportionment so made to the secretary of state and state treasurer, and he shall, at the same time, certify to each county clerk and county treasurer the amount of said tax to which each town, city and village in their respective counties is entitled. Upon receiv- ing such apportionment the secretary of state shall immediately inform the county clerk and the county treasurer of the amount of state school tax such county will be required to levy and the amount it will be entitled to receive in return as its portion of the school fund accruing under the provisions of this section. At the same time that taxes levied for other state purposes are now required to be paid into the state treasury each county treasurer shall pay over to the state treasurer the school moneys arising under the pro- visions of this section in excess of the amount such county is entitled to receive in return as its portion of the state school tax. But if a larger amount shall be due any county than such county is required to pay the state treasurer shall pay to the treasurer of such county, at the time of the payment of the state tax assessed against the county, the amount due the county in excess of the state school tax levied upon it. The treasurers shall, at the time of making a settlement between the state and any county on account of any state school tax levied upon the county, exchange receipts showing that the full amount assessed against the county as a state school tax has been accounted for to the state and, in turn, that the amount due the county on account of a state school tax has been accounted for to the county by the state treasurer; and within ten days from such settlement the several county treasurers shall pay over to the several town, city and vil- large treasurers the amount to which they are respectively entitled by the apportionment made by the state superintendent. It is hereby declared to be the true intent and mean- ing of this section to provide for an earlier distribution to the counties of the moneys collected as a state school tax and that only the balance that may be due any county i r the state, as the case may be, shall he paid in money at the time of settling accounts between the county and the state, in so far as they relate to the state school tax. [1907 c. 11-] County tax rate; maximum, one per cent. Sectiox 1074. 1. The county board shall also, at such meeting, determine by resolution the amount of taxes to be levied in their county for county purposes for the year, and also the amount to be raised by tax- in each town for the support of common schools for the ensuing year, which shall not in any town be less than the amount apportioned to such town in the last apportionment of the income of the school fund; ami by separate resolution adopted by majority of t lie members of the board not prohibited from voting thereon by section 703, determine the amount of tax to be levied to pay the compensation and allowances of the county super- intendents of schools and designate therein the cities exempt from taxation therefor. 2. The total amount of county taxes assessed, levied and carried out against the tax- able property of any county in any one year shall not exceed in the whole one per centum of the total valuation of said county for the preceding year as fixed by the state board of equalization, excepting in so far as a larger per centum may be necessary in order to meet indebtedness incurred prior to the passage and publication of this act. [1907 c. 11^. 430} Omitted tax. Section 10/5. Whenever the county board of any county shall fail to apportion against any town, city or village thereof in any year any state, county or school lax or any part thereof properly chargeable thereto, such county board shall, in any succeeding year, apportion such taxes against such town, city or village and add the proper amount thereof to the amount of the current annual tax then apportioned thereto. COMMUNICABLE DISEASES IN* SCHOOL DISTRICTS. Notice to teachers; duties of teachers and health officers. Section 1408«. Upon the appearance of any dangerous communicable disease in any school district it shall be the duty of the health officer of the township, incorporated village, or city where the schoolhouse is located to notify at once, in writing, the principal or teacher of such school, 358 Chap. 56 s. 14086] [ State Board of Health. giving the names of all families where the disease exists. If the miles of the state board of health provide far the exclusion from school of teachers, or pupils from homes where such disease exists, the health officer shall request the principal of the school to exclude from school attendance all such persons until a written order signed by the health officer permitting attendance al school is presented. Whenever the principal or teacher" of the school has been notified of the prevalence of a dangerous communicable disease in the school district, or whenever the principal or teacher of the school knows or suspects that a dangerous communicable disease is present in the school district, it shall be the duty of such principal to at once notify the health officer of the town, village, or city where the schoolhouse is located, of such absence from school on account of sickness. The health officer must then investigate all such eases, to determine whether or not a dangerous communicable disease is present in such family. [1911 c. 44] Duty of parents. Section 1408b. Parents, guardians, or persons having custody of any child or children, shall not permit such child or children, if afflicted with a dan- gerous communicable disease, or if they have been exposed to a dangerous communicable disease, except tuberculosis and typhoid fever, to attend any school. [1911 <■. 44] Disinfection of schools and homes. Section 1408c. All schoolhouses, before school opens at the beginning of each school term, shall be thoroughly cleaned and after the out- break in such school of any contagious disease, shall be thoroughly cleaned and disinfected as provided, by the state board of health in its rules and regulations for the fumigation and disinfection of homes, or other buildings. All schoolhouses, homes, and other build- ing requiring disinfection shall be disinfected by or under the direction of the local health officer, and the expenses necessarily incurred shall be paid for by the township, incor- porated village, or city upon the order of the local board of health. [1911 c. 11] Penalty. Section 140S<7. Neglect or refusal on the part of any principal or teacher to comply with the requirements of this law shall be considered sufficient cause for dis- missal from school by the school board. [1911 c. 44] Smallpox; certain pupils may be barred from school. Section 1413/. To prevent the spread of smallpox the local board of health of any city, incorporated village or town when the disease is present in any school district or part thereof, which is in- cluded in such city, incorporated village or town, shall prohibit the attendance at school in any such district or part thereof for a period of twenty-five days, after the appear- ance of smallpox, of any and all pupils and teachers, who have not been successfully vaccinated or who fail to show a certificate of recent vaccination. [1907 c. 113] Renewal of exclusion. Section 1413m. Should new cases of smallpox continue to develop in such school district or part thereof, after the expiration of twenty-five days, the local board of health shall upon the advice and consent of the state board of health, renew such order for another period of twenty-five days or so many days thereof as the state board of health may deem necessary, in order to control the epidemic. [1907 c. 113] Free vaccination. Section 1413». If the parents or guardians of any child or children are unable to pay for such vaccination the expense thereof shall upon the rec- ommendation of the local board of health be paid for by the city, village or town in which such expense is necessarily incurred. The local board may provide for the free vaccination of all children in any school district or part thereof during an epidemic of smallpox whenever in its judgment such action is required. The necessary expense thereof to be paid by the city, incorporated village or town upon the order of the local board of health. [1907 c. 113] Inspection of schoolhouses. Section 141S5. It shall be the duty of the proper officer or officers of boards of health organized under and by virtue of general or special law, to inspect the schoolhouses and public buildings within the district over which the board appointing such officer has jurisdiction, with sufficient frequency to determine whether such buildings are kept in a sanitary condition. And the board of health of any village or town may take such measures and niake such rules and regulations as they may deem most effectual for the preservation of public health and to carry out the purposes of this act ; and for that purpose all the powers now conferred on boards of health in cases of contagious diseases are hereby conferred. [1901 . v. 118] Common drinking cup prohibited. Section 1418/. 1. It shall be unlawful for any person, firm or corporation to furnish, or to permit the use of, the common drinking cup on railroad trains, in railroad stations, in any state or other public building, on the streets or in public parks, in the public, parochial or private schools or in other educational in- stitutions, in hotels and lodging houses, theaters, department stores, barber shops or in such other places or buildings in the state as the state board of health may find the use therein of the common drinking cup to be inimical to the public health. 359 Chap. 57 s. 1418 w] [Preservation of Public Health. 2. Any person, firm or corporation, owning or having the management or control of such railroads, buildings, schools or educational institutions or o'f such places or buildings in which the state board of health may find the use of the common drinking cup to be in- imical to the public health, as provided in this section, violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished bv a fine of not less than ten dollars nor more than fifty dollars. [1913 c. 158] Sweeping in public places. Section 1418 a-. 1. It shall be unlawful for any person, firm or corporation to sweep, or permit the sweeping, except when vacuum cleaners or properly filled reservoir dustless brushes are used, of floors in railroad stations, in pas- senger cars, in any state or public building, in the public, parochial or private schools, or in other educational institutions, in hotels, department stores, where the public are invited, unless the floor is first sprinkled with water, moist sawdust, or other substance so as to prevent the raising of dust. 2. Any person, firm or corporation owning, or having the management or control of such railroad stations, state or public buildings, public, parochial or private schools, hotels, department stores, where the public are invited, who violates any of the provisions of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than fifty dollars. [1913 c. 274] School no license circles; new and old licenses. 5. From and after June 30, 1905, anything contained in any city charter to the contrary notwithstanding, no such license shall be granted to any person or persons for the sale of any such liquors in any build- ing, booth or other place for which a license is not in force on the thirtieth day of June, 1905, within a distance of three hundred feet of any public or permanently established parochial school grounds, said distance to be measured upon the streets from the bound- aries of the school grounds. Whenever after January 1, 1908, a list of all the parents and laAvful guardians of the children enrolled as pupils of any public school or perma- nently established parochial school, together with a remonstrance in writing, signed and acknowledged before a notary public by a majority of such parents and lawful guard- ians, is filed with the city, village or town clei'k, as the case may be, describing certain premises for which a license had previously been issued within three hundred feet of the grounds of said public or parochial school (the distance to be measured as aforesaid) and demanding that no license be granted for the sale of intoxicating liquors on such premises, no such license shall thereafter be granted to any person for the sale of such liquors on such premises. [Section 1548.] Washington's and Lincoln's birthday observance. Section '2577. The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, the thirtieth day of May, the day appointed by the governor as labor day. or by him or the president of the United States as a day of public thanksgiving in each year, and the day of holding the general election are legal holidays'; and whenever any of said days shall fall on Sunday the succeeding Monday shall be the legal holiday; provided, however, that appropriate special exercises may be held in all schools for one-half day on February 12 and on February 22. [1913 c. 761] Injury to public property. Section 4442. Any person who shall cut down, injure or destroy any tree or timber growing or standing upon land belonging or mortgaged to or held in trust by the state, or who shall take and carry away any timber or wood so cut or severed, or previously cut or severed and remaining upon such land, or who shall take or carry away any mineral, earth or stone from such land, or who shall wilfully, ma- liciously or wantonly cut down, injure or destroy any tree or timber growing or standing upon land belonging or mortgaged to or held in trust by any county in the state, or take and carry away any timber or wood so cut or severed, or previously cut or severed and remaining upon such land, or who shall so dig or carry away any mineral, earth or stone from such land, or mutilate, deface, injure or destroy any building or other structure be- longing to the state or to any county, town, city, village, school district, or school board, board of trustees, corporation, company or association and used for religious, educational, penal, correctional, charitable or other public purposes, or any building or personal prop- erty whatever of any person or copartnership, or who shall enter, without right, any agri- cultural or industrial fairgrounds inclosed by a fence not less than six feet high and injure or destroy any property therein, shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hundred dollars. 360 Chap. 185 s. 4549] [Offenses Against Public Policy. OFFICIAL MALFEASANCE. Public officers; malfeasance; penalty. Section 4549. Any officer, agent or clerk of the state or of any county, school district, school board or city therein, or in the em- ployment thereof, or any member of any town board or village board, or any officer, re- gent, treasurer, secretary, superintendent, clerk or agent of any penal, correctional, educa- tional or charitable institution instituted by or in pursuance of law within this state, or any member of any body or board having charge or supervision of such institution who shall have, reserve or acquire any pecuniary interest, directly or indirectly, present or prospective, absolute or conditional, in any way or manner, in any purchase or sale of any personal or real property or thing in action, or in any contract, proposal or bid in rela- tion to the same, or in relation to any public service, or in any tax sale, tax title, bill of sale, deed, mortgage, certificate, account, order, warrant or receipt made by, to or with him in his official capacity or employment, or in any public or official service, or who shall make any contract or pledge, or contract any indebtedness or liability, or do any other act in his official capacity or in any public or official service not authorized or required by law, or who shall make any false statement, certificate, report, return or entry in any book of accounts or of records in respect to anything done or required to be done by him offi- cially, or in any public or official service, or who shall ask, demand or exact for the per- formance of any service or duty imposed upon him by law any greater fee than is allowed by law for the performance of such service or duty, shall be punished by imprisonment in the county jail not more than one year, or in the state prison not more than five years, or by fine not exceeding five hundred dollars ; but the provisions of this section shall not apply to the designation of public depositories for public funds, nor to the publication of legal notices required to be published by any town, village or county, or by any town, vil- lage or county officer, at a rate not higher than that prescribed by law, nor to contract for the sale of printed matter or any other commodity, not exceeding one hundred dollars in any one year. [1915 c. 268, 612] Discounting claims; neglect of duty. Section 4550. Any person mentioned in sec- tion 4549 who shall pay, redeem, discount or purchase any debt, claim or demand in favor of any other person, against the state, or any county, town, school district, school board, city or village therein, or against any fund thereof below the true and full amount thereof, or who shall pay any such debt, claim or demand for any purpose out of any fund not provided for such purpose, or who shall wilfully violate any provision of law authorizing or requiring anything to be done or prohibiting anything from being done by him in his official capacity or employment, or who shall refuse or wilfully neglect to perform any duty in his office required by law, or shall be guilty of any wilful extortion, wrong or op- pression therein shall be punished by imprisonment in the county jail not more, than one year or by fine not exceeding five hundred dollars. [1913 c. 773 s. 64] Refusal to deliver money, etc., to successor. Section 4553. Any public officer whatever, in this state, who shall, at the expiration of his term of office, refuse or wil- fully neglect to deliver, on demand, to his successor in office, after such successor shall have been duly qualified and be entitled to said office according to law, all moneys, records, books, papers or other property belonging to said office and in his hands or under his control by virtue thereof, shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hundred dollars. Disturbing school. Section 4572. Any person who shall wilfully, maliciously or wantonly interrupt or in any way molest or disturb any private or public school while in session shall be punished by imprisonment in the county jail not more than thirty days or by fine not exceeding fifty dollars. Minors not to play billiards, etc. Section 4575. Anj r owner or keeper of any billiard table, pool table, pigeonhole table or bowling alley kept for gain, or any agent or servant of such owner or keeper in charge thereof who shall allow or in any manner per- mit any minor to play any game thereon shall be punished by imprisonment in the county jail not more than ten days or by fine not exceeding twenty-five dollars. Circulation of obscene books, etc. ; search warrant. Section 4590. Any person who shall import, print, publish, sell or distribute or give away any book or pamphlet, ballad, printed paper or other thing containing obscene language, prints, pictures, figures or descriptions manifestly tending to the corruption of the morals of youth, or shall in- troduce into any family, school or place of education, or shall buy, procure, receive or have in his possession any such book, pamphlet, ballad or printed paper or other thing, either for the purpose of loan, sale, exhibition or circulation or giving away, or with intent to introduce the same into any familv, school or place of education shall be pun- 361 Chap. 187 s..4608e] [Offenses Against Public Health.-, ished by imprisonment in the county jail not more than one year or by fine not exceeding- five hundred dollars; and a search warrant may be. issued by any justice of the peace, as in case of stolen or embezzled property, for search for any sncli obscene literature, mat- ter or thing - , and when found may be used in evidence and then destroyed by order of the court in which any case arising under this section shall be tried. • Any person who shall, in a public place, or on any fence or wall, or other surface, contiguous to the public street or highway, or on the floor, or ceiling, or on the inner or outer wall, closet, room, passage, hall, or any part of any hotel, inn, or tavern, court- house, church, school, station house, depot for freight or passengers, capitol or other buildings devoted or open to other or like public uses, or on the Avails of any outbuildings, or other structure pertaining thereto, make or cause to be made any obscene drawing, or picture, or obscene or indecent writing, or print, liable to be seen by others passing, or coming near the same, such person so offending, shall in every such ease, be guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment in the county jail not to exceed one year or by fine not exceeding five hundred dollars. Any person or persons, who shall put up, in any public place, any indecent, lewd or obscene picture or character, representing the human form in a nude or seminude con- dition, or shall advertise by circulars or posters any indecent, lewd or immoral show, play or representation, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than twenty-five dollars, nor more than three hundred dol- lars; provided, that nothing in this act shall be construed as to interfere with purely scientific works, written on the subject of sexual physiology or works of art. Any person who shall sell, lend, give away, or show, or shall have in his possession with intent to sell, give away, or show, or shall advertise or otherwise offer for loan, gift or distribution, any book, pamphlet, magazine, newspaper, or other printed paper de- voted principally to the publication of criminal news, police reports, or accounts of crim- inal deeds, or pictures and stories of deeds of bloodshed, lust or crime, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not less than fifty nor more than five hundred dollars. [1907 c. 118] Sale of tobacco to minors. Section 4608c. Any person who shall sell or give to any minor a cigar, cigarette or other tobacco in any form, after having been forbidden to so do by the parent or guardian of such minor, shall be punished by fine of not more than twenty-five dollars nor less than ten dollars. Sale, manufacture, or giving away of cigarettes and cigarette papers prohibited; penalty. Section 4608/ 1 . 1. Any person who shall, by himself, his servant or agent, or as the servant or agent of any other person, directly or indirectly, or upon any pretense, or by any device, sell, give away or otherwise dispose of to any minor any cigarettes, cigar- ette paper or cigarette wrappers, or any substitute therefor, or any paper made or pre- pared for the purpose of making cigarettes or any substitute therefor, or for the purpose of being filled with tobacco for smoking shall be guilty of a misdemeanor and upon con- viction thereof shall be punished in the manner hereinafter provided. 2. It shall be unlawful for any person, firm, or corporation, in any manner, directly or indirectly, upon any pretense, or by any device, to manufacture, sell, exchange, barter, dispose of or give away, or keep for sale any cigarettes, cigarette paper or cigarette wrap- pers, or any paper made or prepared for the purpose of being filled with tobacco without first obtaining a license therefor, as hereinafter provided. :!. License for the manufacture, sale, exchange, barter, disposition of or giving away or keeping for sale of cigarettes, cigarette paper, or cigarette wrappers made or prepared for the purpose of being filled with tobacco for smoking, shall be issued by the city, vil- lage or (own clerk, of the city, village or town wherein such right is sought to be exercised. Every such license shall be issued on the first day of July in each year or thereafter when- ever applied for and shall continue in force from date of issuance until the succeeding thirtieth day of June, unless sooner revoked for a violation of this section as herein pro- vider! . 4. Every person, firm or ci rporation desiring a license under this section shall file with the city, village or town clerk of the city, village or town wherein such right is sought to be exercised, a written application therefor, stating the name of the person and the place for which such license is desired. Every license shall be signed by the city, village or town clerk and shall name the licensee and the place wherein he is authorized to conduct such business and the same shall not be delivered until the applicant shall produce and file with such clerk a receipt showing the payment of the license fee of five dollars to the treasurer of such municipality. In case of a change of ownership in any licensed location the authority granting the license may authorize a transfer of such license to the new owner. 362 Chap. 18/ s 4G08r] [Offenses Against Public Health. 5. Any person violating' any of the provisions of subsections 1. 2, 3, or 4 of this sec- tion shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars nor less than twenty-five dollars for the hist offense and by a fine of not more than two hundred dollars nor less than twenty-five dollars for the second or subsequent offense or by imprisonment in the county jail not exceeding sixty days or both such fine and imprisonment. A second conviction for a violation of the provisions of subsections 1, 2, 3, or 4 of this section shall immediately terminate the license of the person so convicted and such person shall not be entitled to another license hereunder for a period of five years thereafter. The provisions hereof shall not apply to the sales of job- bers or manufacturers doing an interstate business with customers outside of the state. 6. Any minor being in possession of any cigarettes, cigarette paper or cigarette wrap- pers and being asked by any sheriff, deputy sheriff, police officer, village marshal, truant officer, probation officer or teacher in any school to tell where or from whom such cigar- ettes, cigarette paper or cigarette wrappers were obtained, who shall refuse to furnish such information, shall be guilty of a misdemeanor, and upon conviction thereof, shall be pun- ished by a fine of not more than five dollars. [1915 c. 139] Youths under sixteen; public smoking forbidden. Section 4608r. Every person who shall sell or give to any person under the age of sixteen years, a cigar, or tobacco in any form, without the written consent of the parent or guardian of such minor, shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars for each offense, and every person under the age of sixteen years who shall smoke or use cigarettes, cigars or tobacco on any public road, street, alley or park or other lands used for public purposes or in any public place of business or amusement, except when in the company of a parent or guardian, shall be punished by a fine of not more than ten dollars or by imprisonment for not exceeding thirty days. [1913 c. 78] , Premise owners who permit smoking; penalty. Section 4008 »•. Any person who shall permit any person under the age of sixteen years who shall not be in the company of a parent or guardian to use cigai-ettes, cigars or tobacco in any form in or upon prem- ises occupied by him, shall be punished for the first offense by a fine of not more than ten dollars and for any subsequent offense by a fine of not more than twenty-five dollars or by imprisonment for not exceeding thirty days. [1907 c. 463] 303 SCHOOL LAW COMMENTS The purpose of the comments in this code is to make plain the application of the statutes to the management of the affairs of schools and school districts. Every cor- respondent must at all times keep in mind the fact that his inquiry is accepted in good faith and that it is answered accordingly. It must also be kept in mind that the state superintendent can render no formal or binding decision on disputed matters of general interest or district importance on communications from one party to the controversy only, unless the other or opposing party is duly notified. An opinion given based on statements made in an informal and unverified communication is valid and reliable only insofar as the statements fully present the facts in the case and exactly as they exist. A hearing of both parties in a controversy on statements made by both parties, or by one party when the other has been properly notified constitutes an ap- peal and forms a basis for a binding decision. The department is ready at all times to answer inquiries and to give information concerning school law and school affairs. This school code as now arranged reduces the expense of printing, and the stat- utes are so arranged serially to meet, as far as possible, the arrangement adopted in printing the complete statutes of the state of Wisconsin. The sections numbered at the head of each Comment refer usually to some par- ticular section. It will also be noted that the comments referring to any particular division of the school laws may, under this plan, be readily read together, and will likely give the reader a better idea of the particular topic than may otherwise be gathered by simply reading the comments separately and as applying strictly to an individual section. It is hoped that this plan may prove acceptable, although at first the deviation from the plan of printing the school laws for distribution to school and other officers during the past years is apparently radical. ALTERATION OF DISTRICT BOUNDARIES AND CREATION OP SCHOOL. DISTRICTS. Comments — Sections 412 to 424, inclusive. Chapter 531, laws of 1915, providing for a committee of three, styled The Com- mittee on Common Schools, and giving said committee certain powers, changed to a certain degree the procedure to be followed in all cases where an alteration of school district boundaries or the creation of a school district is concerned and an appeal is taken. This chapter provides that in cases where the supervisors of the town or towns interested take action under the statutes and issue an order altering district boundaries or forming a new district, or, if said authorities refuse to issue an order, an appeal may be taken to the Committee on Common Schools. This committee in order to act upon an appeal must proceed in a somewhat formal manner. Supervisors, village trustees and city councils are, primarily, under the statute, bodies having power, jointly or severally, to create school districts or to change school district boundaries. The cases that are likely to arise may be classed as follows: Case 1. Creation of school districts from territory comprising all or parts of en- tire districts lying wholly in the town. Case 2. Creation of districts from territory lying in two or more towns or other municipalities. Case 3. Change of boundaries of two or more districts lying wholly within the town. Case 4. Alteration of the boundaries of a district joint with two or more towns, or with one or more towns and a village or city. The statutes relating to these matters are not always clear and capable of positive construction. The courts adhere to the rule that the commands of the statute must 364 School Law Comments. be strictly followed in all cases before a binding order can be recorded. Anyone having to do with school district affairs must clearly realize that failure to comply with the statutes and the rulings of the court may lead to tedious, irritating and ex- pensive litigation. The legislature in passing measures affecting school districts evi- dently desired that litigation and expense in the management of district affairs should, as far as possible, be avoided, and by statutory enactment endeavored to make it pos- sible for the local authorities to remedy conditions without bringing hardship or ex- pense upon the inhabitants. Case 1. Creation of a school district from territory lying wholly within a town, and not a part of any joint district. a. A meeting of a majority of or all the members of the town board of super- visors. b. The supervisors may take steps to call this first or preliminary meeting on their own motion and without a request or petition from anyone. A petition or re- quest giving the reason why the new district should be formed, signed by electors re- siding in the territory which it is proposed shall constitute the new school district, is, however, always in order, and will always be welcomed by the supervisors, inasmuch. as it serves as a basis for their action. A petition of this kind may be signed also by persons residing in the territory which, if the new district is formed, will still remain as a part of the old district. No regular form for such a request or petition is needed. A simple statement of the facts with the signatures of the parties interested is suf- ficient. c. If the supervisors at this first meeting decide to hold a meeting in order to take the matter up for further consideration and also for the purpose of granting the electors interested the privilege of being heard for or against the creation of the new district, they must write out and sign a notice as suggested by form No. 8. d. This notice must be served upon the clerk of each school district in any way in- terested in the proposed changes and it should also .be served by the district clerks upon the treasurers and directors of all. districts interested, in order that the people may become informed of the proposed action of the supervisors. e. The service of this notice upon the school officers must be made at least five (better seven or eight) full days before the time fixed in the notice for the second meeting. f. A "return" to the effect that this notice has been properly served upon the proper school clerks must be endorsed upon a copy of the notice and filed in the office of the town clerk (or clerks) by the person serving it. g. At the time and place fixed for the second meeting a majority or all of the members of the board of supervisors must be present and the board should organize regularly for the transaction of business. Complete minutes of the proceedings should be kept. Notices should be read for the purpose of showing that the required preliminary steps have been taken. It is not necessary that the secretary or clerk of this meeting should note what is said by persons who speak for or against the propo- sition. He should, however, record all the official proceedings. Any person, whether an elector or not, desiring to be heard as to the advisability of the action under con- sideration, is privileged to make arguments for or against the proposition. It must be clearly recognized that this meeting is a public meeting, and must be conducted in an orderly manner, and, as far as practicable, according to the common rules of parlia- mentary practice. h. After the hearing is closed the supervisors will take up the matter for final dis- position and if a majority of the supervisors vote in favor of forming a new district a formal order must be issued. (See form No. 1.) It is also the duty at this meeting for the supervisors to make a division of the property (schoolhouse, site, equipment and money of the old districts) and to draw up a notice to be delivered to a taxable inhabitant of the newly formed district. (See form No. 2.) The following form is suggestive for the "return" to be endorsed upon a copy of this notice. This copy with the names of persons served written thereon or attached thereto is to be filed with the clerk of the newly formed district when said officer is elected. I hereby certify that I have notified the following named persons (here give names in full) personally, and have also notified the following named persons (here insert names) by copy, according to the within notice. Dated this day of , 19 — . (Signed) , (Person appointed to give notice.) (The division of school property may if deemed best, be deferred to a future meet- ing. ) It must always be understood that this first district meeting, no matter when held, is known in law as an annual meeting and consequently the business that may be 365 School Law Comments. transacted by the electors of any school district at the regular annual meeting held the first Monday in July of each year, under the provisions of section 430 with its many subdivisions, may be transacted at this first meeting. It is also a good plan for the electors to adjourn this meeting and the adjourned meetings from time to time until the business of arranging for schoolhouse site, school buildings, equipment, etc., etc., is completed. By adjourning these meetings the red tape and trouble attendant upon calling a special meeting under the requirements of section 427 will be avoided. What has been said above as applying to Case 1, largely applies to and must be followed when action is taken under Cases 2 and 3 with certain variations to which attention is called under each case. Case 2. Creation of districts from territory lying in two or more towns or other municipalities. Joint meetings of the boards of supervisors, trustees, or city council, as the case may be, must be held following the directions given in Case 1. The supervisors, or trustees, or city council are privileged to call such joint meeting on their own motion or upon petition. The notices sent to the school district clerks and the notice to the taxable inhabitant of the new district and the order, if a district is created, must be signed by a majority of each board representing a municipality. i Case 3. Change of boundaries of two or more districts lying wholly within the town, proceedings as outlined in Case 1, to be strictly followed. Case 4. Alterations of the boundaries of a district joint with two or more towns or with one or more towns and a village, or a city. The legislature has provided two methods of procedure applicable to above conditions. First method. Proceedings as in Cases 1 and 2, by a majority of the representa- tive officers of each town or municipality, assembled in two joint meetings, after due service of notices, etc. Second method. This method was evidently provided by the legislature for the purpose of saving the expense of holding two joint meetings in cases where it is de- sired to transfer territory from one joint district to another joint district, or from a joint district to an entire district, or from an entire district to a joint district. Pro- ceedings should'be as follows when this special method is adopted: a. On application in writing made to the mayor of the city, or the president of the board of trustees, or the chairman of the town board of supervisors of the munici- pality in which the schoolhouse of the joint district is located. This application should describe by sections and parts of sections, the territory which it is desired shall be transferred. Reasons for the transfer should also be given. A sketch-map show- ing the boundaries of the districts, the boundaries of the territory to be transferred, the home of the person or persons desiring to be transferred, the highways, and the location of the schoolhouse in each district, should be a part of the application. Par- ticular care must be taken to so describe the territory that no error will occur if an order is issued making the transfer. b. This application must be signed by a majority, or all cf the board of super- visors of any one of the towns interested, or by a majority of the members of the council, or a majority of the board of trustees if a village or city is affected. c. A copy of this application must be placed in the hands of the chairman of the town, or the president of the board of trustees, or the mayor of the city, in which the schoolhouse of the joint district is located. If two or more of the districts affected are joint districts the application should be placed in the hands of the proper officer residing in the municipality in which is located the schoolhouse of the joint district having the largest population. It is the duty of this officer to fix a time for the joint meeting of the representative officers of the municipalities interested. The time fixed for this joint meeting shall not be less than ten nor more than twenty days after the application has been presented to this officer. d. Upon receipt of this application it is the duty of the chairman, or the presi- dent, or the mayor, as the conditions shall determine, to cause a written notice of the time and place of such meeting, to be given to each member of the board of super- visors and the board of trustees, and the city council, as the case maybe, and also to the clerk of each school district interested in the proposed alteration. It is the duty of the clerk of each school district to immediately notify the other members of the school board. This notice to the members of the different boards and to the school district clerks must be in writing and must be served (not by mail) upon each of the members of the city council, board of supervisors and board of trustees, (if a village or a city is involved) at least five (better six or seven) full days previous to the day fixed for the joint meeting of the boards interested. f. Such meeting should be held at the schoolhouse in the joint district unless some other convenient place shall be designated in the notice. g. "Return" of service upon the members of the school district clerks and the supervisors and, if the case demands, upon the members of the board of trustees and 366 School Law Comments. the city council, must be made and filed as in Case 1. These preliminary steps must be taken in order that proper jurisdiction shall be acquired. h. It frequently occurs that the mayor of the city, or the president of the village, or the chairman of the board of supervisors to whom the application is presented, does not care to cause the expense of holding this one joint meeting. The statute ap- parently permits the officer to whom this application is presented to use his discretion and to "pigeon-hole" the application, thereby refusing to send out the notices for call- ing the joint meeting. By so neglecting or refusing to call this meeting as desired, the signers of the application, or those in whose behalf the application has been made, are placed in a position to take an appeal to the Committee on Common Schools, after twenty days have elapsed from the time the application was placed in the hands of the chairman, or the president of the village board, or the mayor of the city. This refusal places authority to hear the case and to issue an order transferring territory in the hands of the Committee on Common Schools. This latter method is especially ap- plicable to cases in which parts of territory are to be transferred, and when, in the opinion of the officer to whom the application is presented, the case is one of merit. (See section 419a of the statutes.) DIRECTIONS TO BE FOLLOWED BY COMMITTEE ON COMMON SCHOOLS IN HEARING APPEALS. Case 1. When the supervisors have, through proper notices, meetings, etc., gained jurisdiction and an appeal to the committee is taken from their action, a. The Committee on Common Schools should have before them all the minutes and proceedings of the meetings of the supervisors. When considering an appeal, in addition to these minutes and proceedings the parties appealing should file in writing a statement of the conditions from their point of view with assessed valuations of the district; assessed valuation of the territory which is the basis of the controversy; the number of persons of school age residing in each district; and the number residing upon the territory to be transferred, with all other such information as will enable the members of the Committee on Common Schools to secure a clear understanding of the conditions and the merits of the controversy. A copy of this appeal taken to the Committee on Common Schools must also be served upon the officer or board from whose action the appeal is taken. This officer, if he does not decide to answer the appeal or take any further action in the matter, should turn this copy of the appeal over to some one interested on the opposite side of the question. Such person, officer or elector is privileged to file an answer to the appeal with the Committee on Common Schools. This answer must be in writing and filed within fifteen days after the appeal has been filed. Case 2. When supervisors have taken no action, a. If, however, the supervisors neglect or refuse to hold meetings and to give no- tices to the clerks of the different school districts, as required by section 418 of the statutes, it then becomes the duty of the Committee on Common Schools to give such notice. The following form should be used as far as practicable: To- , Clerk of School District No. — , Of the Town of You will take notice that we shall be present at [here mention the place of meet- ing] on the — : day of , at o'clock in the noon, to hear and decide upon certain proposed alterations of the boundaries of your school district. Dated this day of , 19 — . Committee on Common Schools for County, Wisconsin. This notice must be signed at a meeting by at least a majority of the members of the Committee on Common Schools and must be served upon the clerk of each district likely in any way to be interested in the creation of a new district, or change of boundary lines, at least five [better seven or eight] days previous to the time fixed in the notice for the meeting. The person serving this notice should make "return" to the effect that it has been duly served and this "return" certificate should be filed with the Committee on Common Schools previous to. or at the time of the second meet- ing. A copy of the notice may be sent by mail to some one living in the neighborhood of the school district clerk, and this person may serve this notice and mail the "return" to the Committee. It is not necessary that a sheriff or officer be deputized to serve it. When these proceedings have been taken, the Committee on Common Schools will have gained jurisdiction and can consider the case as it would have been considered in the first place by the supervisors, trustees, etc. 367 School Law Comments. b. The Committee on Common Schools must make they- decision in writing and if the merits of the case demand, make an order, as found on another page of this com- pilation. This order must be served, etc., as required by directions given on a pre- ceding page, and should describe exactly by sections and parts of sections the territory which has been transferred from one district to the other. The numbers of the dis- tricts should be given. If a new district is created, this district must be numbered, and the territory taken from each district described. c. If the Committee on Common Schools forms a new district it is their duty to make out an order in writing directed to the supervisors, trustees, etc. This order must describe exactly the land detached from the different districts. When this order lias been filed with the town clerk, it is his duty to notify each member of the board of supervisors that at their next regular or specially called meeting, the division of the value of the school district property must be made as provided in section 420. d. If a district is joint, it is the duty of the town clerk of the town in which the ischoolhouse is located, to notify the clerks of the other towns, directing said clerks to notify their supervisors that a joint meeting must be held for the purpose of making the division of property. e. The town clerk first notified should notify the clerks of the districts interested of the time and place for the meeting and should also ask from them an itemized state- ment of the value of the school property in each district. The clerks of the towns will bring with them the assessed valuation of the different districts interested and the territory transferred. f. The supervisors will proceed u-nder the provisions of section 420 of the statutes. g. If the supervisors take charge of the case in the beginning and refuse to create the district the order dividing the property should nevertheless be directed to them. They are informed as to land values of the town. h. If a party feels himself aggrieved and takes an appeal to the state superintend- ent, all the records, statements, proceedings, minutes of the meeting, etc., in the hands of the Committee on Common Schools must be forwarded to the state superintendent with certificate to the effect that said records, papers, etc., are all the records, papers, etc., considered by the committee in the hearing. With reference to the appeals it may not be out of place to say that the legislature fixed the statute providing for appeals so that an appeal can be taken without hardship or material expense to par- ties interested. All that the Committee on Common Schools or the state superinten- dent will require is a plain statement of the facts in the case, typewritten, or written by hand on ordinary legal cap paper. A copy of the appeal must be made and served upon the party from whose action the appeal is taken. An affidavit to the effect that the statements in the appeal are true must accompany both the copy and the original. i. Admission of service by the party served with the copy, or affidavit of service, must appear upon the original, which is to be sent to the state superintendent. There is no formal rule or direction to be followed. (See rules and regulations governing appeals, under the provisions of section 497 of the school code.) These directions are given for the guidance of parties interested in the alteration of school district boundaries and should be carefully read and studied before action is taken. Parties initiating the movement for the purpose of changing the boundaries or creating a school district, should study the directions carefully for the purpose of determining what method of procedure is most applicable, and when determined that method or plan should be strictly followed. Section 427. It is the duty of the clerk to call special meetings whenever requested to do so by the required number of legal voters. The fact. that the district clerk does not approve of the objects sought by those who request him to call a special meeting, is no cause for refusing to comply with the request. All special meetings are to be held at 8 o'clock in the afternoon. "When public corporations or officers are authorized to perform an act for others, ■which benefits them, then the corporations or officers are bound to perform the act. The power is given them not for their own, but for the benefit of those in whose be- balf they are called upon to act, and such is presumed to be the legislative intent. In such cases they have a claim de jure to the exercise of the power." 9 Wis., 285. Any business that can be done at an annual meeting can be done at a special meeting, properly called, except the election of officers, voting a tax to compensate the director and treasurer. The notice for a special meeting may be given by the director or treasurer in case of a vacancy in the office of clerk or if that officer is absent or incapable of acting. A special meeting may rescind any action taken at the annual meeting, if proper notice has been given; but if rights have been acquired by third parties, those rights cannot be set aside by the vote of the district. This includes the rights of persons elected to a district office. 368 School Law Comments. "Six full days" requires the notice to be given as early as on the seventh day before the time designated. The personal notice required by this section to be given to three-fourths of the electors of the district in all cases where it is the pur-pose of the special meeting to vote a tax, lQan or debt, should include women, on whom the right of suffrage in elections "pertaining to school matters," is conferred by section 428a. Care should be taken in naming the amount to be raised at a special meeting to specify a sum equal to or greater than that needed. It is competent for a special meeting to raise a less, but not competent for it to raise a greater sum than that mentioned in the notice. All laws relating to levying taxes are construed strictly, and the requirement that notices for a special meeting whose purpose is to raise money shall specify the amount to be raised is mandatory. A "return" to be filed in the office of the district clerk should show the names of the electors upon whom the notice was served. (See Forms 4, 13, 14.) Section 428. The qualifications of voters at a general election are declared by section 12 of the Wisconsin statutes, to be as follows: Section 12. Every male person of the age of twenty-one years or upward, be- longing to either of the following classes, who shall have resided in the state for one year next preceding any election, and in the election district where he offers to vote ten days [except in the case of school district meetings, in which case 30 days' resi- dence in the district is required! shall be deemed a qualified elector at such election: « 1. Citizens of the United States. 2. Foreigners must have full citizenship papers. 3.. Persons of Indian blood who have once been declared by law of congress to be citizens of the United States, any subsequent law of congress to the contrary not- withstanding. 4. Civilized persons of Indian descent, not members of any tribe. 5. Any civilized person, being a descendant of the Chippewas of Lake Superior or any other Indian tribe residing within this state, and not upon any Indian reser- vation, who shall make and subscribe to an oath before the clerk of the circuit court or his deputy of the county where such person resides that he is not a member of any Indian tribe, and has no claim upon the United States for aid and assistance from any appropriation made by congress for the benefit of Indians, and that he thereby relinquishes all tribal relations, and all right to claim or receive such aid, shall be entitled, on such oath being filed and recorded, to vote at all elections held in this state, if he is otherwise qualified. The oath so taken, on being corroborated as to the residence and tribal relations of such person by the affidavit of a qualified elec- tor, shall be filed in the office of the clerk before whom it was taken and recorded by him in a book to be provided for that purpose, upon such person paying to said clerk the sum of one dollar. Every person convicted of bribery shall be excluded from the right of suffrage, unless restored to civil rights; and no person who shall have made or become di- rectly or indirectly interested in any debt or wager, depending upon the result of any election, at which he shall offer to vote, shall be permitted to vote at such' election. Section 428a. This section does not confer upon women the unlimited right of suffrage, but it does confer upon them the right to vote upon any and all questions that can be legally considered at any regularly called annual or special school district meeting. The words "any election pertaining to school matters" renders the limitation to the privilege conferred by the section manifest. 71 Wis., 239, 251; 75 Wis., 543; and chapter 285, laws of 1901. "An election to determine whether a city shall issue bonds for the purpose of building a schoolhouse is an election pertaining to school matters within the meaning of chapter 211, laws of 1885." 128 Wis., p. 132. Section 69. In determining the question of residence as a qualification to vote, the following rules, so far as applicable, shall govern, and if a person offering to vote be challenged as unqualified on the ground of residence, the inspector shall admon- ish him of such rules and put to him such further questions as shall be proper to elicit the facts in respect thereto, namely: First. — As prescribed in the constitution, no person shall be deemed to have lost his residence in this state by reason of his absence on business of the United States, or this state; and no soldier, seaman or 'marine, in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed within the same. Second. — That place shall be considered and held to be the residence of a person, in which his habitation is fixed without any present intention of removing therefrom and to which, whenever he is absent, he has the intention of returning. 369 School Law Comments. Third. — A person shall not be considered or held to have lost his residence, who shall leave his home and go into another state, or county, town, or ward of this state, for temporary purposes merely, with an intention of "returning. Fourth. — A person shall not be considered to have gained a residence in any town, ward, or village of this state into which he shall have come for temporary purposes merely. Fifth. — If a person remove to another state with an intention to make it his per- manent residence, he shall be considered and held to have lost his residence in this state. Sixth. — If a person remove to another state with the intention of remaining there for an indefinite time, and as a place of present residence, he shall be considered and held to have lost his residence in this state, notwithstanding he may entertain an intention to return at some future period. Seventh. — The place where a married man's family resides shall generally be considered and held to be his residence, but if it is a place of temporary establish- ment for his family or for transient objects, it shall be otherwise. Eighth. — If a married man has his family fixed in one place, and he does his business in another, the former shall be considered and held to be his place of resi- dence. Ninth. — The mere intention to acquire a new residence without the fact of re- moval, shall avail nothing; neither shall the fact of removal without intention. Tenth. — If a person shall go into another state, and while there - exercise the right of a citizen by voting, he shall be considered and held to have lost his resi- dence in this state. Eleventh. — No person shall be deemed to have gained a residence in any town, ward or village in this state, so as to entitle him to vote at any election therein, by remaining in such town, ward or village as a pauper supported by the town, village or county in which he shall be living at the time of such election; and no person shall be deemed to have lost his residence in any town, ward or village, by remaining in any other town, ward or village as such pauper. Twelfth. — If an unmarried person sleeps in one ward and boards in another, the place where he sleeps shall be considered his residence. Thirteenth. — If an unmarried person be employed on a railroad, boat or stage line and boards at different places, if one of those places be with his parents, that place shall be considered his residence unless he has, by registering to vote else- where or by performance of some other kindred act elected some other place as his residence. If he has no parents and- has not registered at any other place, he shall be asked: Do you consider this your place of residence, and have you so considered it for the past ten days in preference to any other place? If he answers in the af- firmative he shall be entitled to all the privileges and be subject to all of the duties of other citizens in such place in the matter of voting, jury service, poll taxes and assessments for taxes. Fourteenth. — Each inmate of any national or state home for soldiers in this state shall be deemed to reside in the town, city or village in which said home shall be located and in the election district in which he shall sleep. Section 429. The questions which may be asked by inspectors of elections of persons whose votes are challenged, and the rules for determining the legal qualifications of elec- tors are given in sections 68 and 69, of the Wisconsin statutes, and are printed here for convenience. The chairman of a district meeting can, like an inspector of elec- tions, require the person challenged to answer the questions under oath. Section 68. Each inspector shall, and any elector may, challenge every person offering to vote whom he shall know or suspect not to be duly qualified as an elector. If such a person is challenged as unqualified one of the inspectors shall tender to him the following oath or affirmation: You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector of this election; and shall there- upon put questions as follows: First. If a person be challenged as unqualified on the ground that he is not a citizen: 1. Are you a citizen of the United States? 2. Foreigners must have full citizenship papers before voting at any election, school, municipal or state. Second. If the person be challenged as unqualified on the ground that he has not resided in this state for one year immediately preceding the election: 1. How long have you resided in this state immediately preceding this election? 2. Have you been absent from this state within the year immediately preceding this election? If yes, then — 370 School Law Comments. 3. When you left, did you leave for a temporary purpose, with the design of re- turning, or for the purpose of remaining away? 4. What state or territory did you regard as your home while absent? 5. Did you, while absent, vote in any other state or territory? Third. If the person be challenged as unqualified on the ground that he is not a resident of the town, ward or village where he offers his vote: 1. When did you last come into this town, ward or village? 2. Did you come for a temporary purpose merely, or for the purpose of making it your home? 3. Did you come into this town, ward or village for the purpose of voting there- in? 4. Are you now and have you been for the last ten (thirty days in the case of school district meetings) days an actual resident of this town, ward or village, and what is the particular description, name and location of your residence? 5. Have you registered to vote at this election at any other place within this state? Fourth. If the person be challenged as unqualified on the ground that he is not twenty-one years of age: Are you twenty-one years of age to the best of your knowledge and belief? Fifth. If the person be challenged as unqualified on the ground that he has made or become directly or indirectly interested in any bet or wager depending upon the result of such election: 1. Have you made in any manner any bet or wager depending upon the result of this election, or on the election of any person for whom votes may be cast at this election? 2. Are you in any manner, directly or indirectly, interested in any bet or wager depending in any way whatever upon the result of this election? Sixth. If the person be challenged as unqualified on the ground that he has been convicted of treason, felony or bribery and not subsequently restored to civil rights: 1. Have you been tried or convicted in this state of any crime? If yes — 2. Of what crime, when and in what court were you so convicted? 3. Have you in any manner since such conviction been restored to civil rights, and if yes, how? Seventh. If the person be challenged as unqualified on the ground that he has been engaged, directly or indirectly, in a duel, either as principal or accessory: 1. Have you ever been engaged in any duel, directly or indirectly, either as prin- cipal or as a second, or in counseling or aiding either principal or second in a duel? And if yes, then — 2. When and where, and had you before that time been an inhabitant of this state? Eighth. If the person be challenged as Unqualified on the ground that he is a person of Indian descent, a member of an Indian tribe or an uncivilized Indian: 1. Are you a person of Indian descent? 2. Of what tribe or nation are you a descendant? 3. Are you now a member of any Indian tribe? 4. Have you received any annuity from the United States or any agent thereof, or shared in any, and, if so, when did you last so receive or share in any? The inspectors, or one of them, shall put such other questions to the person chal- lenged as may be necessary to test his qualification as an elector at such election. Section 43 0. Subdiv. 1. Any elector may call a meeting to order and ask someone to nom- inate a chairman, put the question and declare the results. If the director is pres- ent it is his place to do this. If the clerk is absent someone must be appointed in his place. The chairman should be an elector. It is his privilege to vote on all questions but he cannot vote twice in order to break a tie vote. If a tie vote occurs another ballot must be taken. Subdiv. 2. It is a good plan to adjourn annual meetings and also special meet- ings from time to time in cases where new buildings are to be erected, site purchased or some other business transacted that likely requires the report of a committee. Subdiv. 3. The vote taken for election of officers must be taken by ballot. Subdiv. 4. Every schoolhouse site should contain at least one acre of ground. It should be described according to surveyors' rules if possible. The schoolhouse and other buildings should be placed on the lot so as to give ample room for a good playground. The site should be well drained and accessible to all parts of the dis- trict and must be on a public highway. The selection of a site may have something to do with the cost of the school building and consequently it is in order in many cases to have the site designated before a tax is levied for the purpose of erecting a schoolhouse. The expense of in- 371 School Law Comments. vestigating a title to the land and of recording a deed may be legally included in the tax for a site. If the tax voted for the purpose of erecting- a building is later on found to be too small, another meeting may be called for the purpose of voting addi- tional tax. The law authorizes the electors to direct the board to lease a school site. It is, however, always advisable that the district should own the site. If the owner will not sell, follow the directions given by section 477—484, inclusive. Where a schoolhouse is erected upon leased ground, it may be removed by the electors if the site is changed. It must be moved or sold within reasonable time. The district does not lose its ownership of the school building simply because the site has been changed. Subdiv. 5. No money should be paid for the site until the contract or deed has been secured and title acquired. The electors may vote a tax for fence, sidewalk, outbuildings, woodhouse, heating and ventilating apparatus, seats, desks, maps, charts, etc. Money may alsobe raised to pay for the insurance of the building. All taxes voted must be for specific and legal objects, and a resolution specifying these objects should be passed upon by the meeting. This is, valuable for the use of the board in order that they may know their precise liability and authority with refer- ence to each of these particular objects. See Section 49 6p — 1 which permits the electors of an ordinary school district to authorize the board to enter into a contract with the board of a town or union free high school district after said town or union free high school district has been properly authorized to do so for the purpose of erecting one building to house both schools. Subdiv. 6. The law fixes the minimum term at eight months and the minimum wage which must be paid to a teacher at $4 0, in order that the district may be privi- leged to share fully in the apportionment of state and county (town) money. Subdiv. 7. The electors are privileged to direct the board to sell the school- house when no longer needed for the use of the district. It is well for the electors to authorize the board to sell it at public sale. Subdiv. 7a. The electors are authorized to levy a tax for the purpose of meeting the expense of the treasurer's bond when the bond is furnished by some surety com- pany. Subdiv. 10. See Sections 485, 486a and 486d. Township Libraries. Subdiv. II. Study carefully what is written under the head of "Borrowing Money" Section 474 and beyond. Especially what is said under head of "Be Sure You Are Right Then Go Ahead." Subdiv. 12. If electors do not decide concerning the attendance of nonresi- dents, the power then goes into the hands of the school board. By this clause the district is empowered to determine whether the persons named shall be admitted to the privileges of the school. Where the district fails to instruct the board in this matter, the board shall determine the fact and the rule under the general powers conferred upon district officers by the statutes. It is sometimes difficult for district boards to determine the liability of inhabit- ants for the tuition of persons in their employment or under their protection. The general rule is that a minor's residence is with his parents or parent while they or either of them is alive and maintains a home. An orphan without a guardian takes his residence with him. While it is not right to allow nonresidents and persons over twenty to overcrowd and so impair the efficiency of the school, it is well to remem- ber that the constant purpose of the state in. the establishment and maintenance of public schools is to disseminate as widely as possible the advantages of, a common school education. That provision of the state constitution which requires that "such schools shall be free and without charge for tuition to all children between the ages of four and twenty years," implies that every child of school age is entitled to free tuition some- where. This manifest purpose of the state to extend the advantages of a common school education to all children within her bordets, should lead school districts to exercise the authority to charge or to remit tuition with which the law vests them in a spirit of liberality toward those children that are compelled by parental neglect to seek the equipment that the schools furnish beyond the limits of the home dis- trict. The supreme court of the state (74 Wis., page 48) laid down the rule that a child is entitled to free tuition in a district "in which he is residing for other, as a main purpose, than to participate in the advantages which the school affords." It will be seen that the decision g-uards carefully against the interpretation of the law which would require districts to furnish tuition to those pupils who are in the district for the purpose of availing themselves of its superior school advantages. See also 59 Conn., 489. The district board has no authority to admit nonresident children into the school contrary to the vote of the district, nor has it authority to exclude them after the district has voted to admit them. It is the duty of the board,; in this matter, to carry into effect the instructions of the district. 372 S< iiool Law Comments. Section 435o makes provisions for the attendance of. nonresident children in cer- tain cases even though the electors and members of the school board may not, be in favor of admitting them. ThiSi section also fixes the amount of tuition that may be collected on account of such nonresident attendance when certain conditions ar'e com- plied with. The teacher has" no authority in the matter of admitting or excluding nonresi- dents, but will be governed by the instructions of the board. See Sections 435o and 439. Subdiv. 13. Section 440 requires school district boards to determine what books shall be used in their respective districts, and section 4 3 0b provides that the ques- tion of furnishing free textbooks shall be submitted to every annual school district meeting. While the board has power to adopt, it has no power to purchase text- books, unless authorized to do so by the, district at its annual meeting. Books that have been adopted must be retained for at least three years; but boards cannot bind their districts to purchase these books at a fixed rate, or of a given house for more than one year. 16 Wis., 336. See also Section 553m — 101 to Section 553m — 108 inclusive for further information concerning textbooks. Subdiv. 14. School must be taught at least eight months, one hundred and sixty days, to meet the requirements of law relating to apportioning school moneys. Holidays when occurring while school is in session are counted as days taught. The legal holidays are New Year's day, February 22, May 3 0, July 4th, Labor day, Thanksgiving day and Christmas day. Days when teachers are in attendance upon institutes, school board conventions and teachers' associations with the permis- sion of the school board, may also be counted as taught and part of the required one hundred and sixty days. The teacher receives pay as usual for these days. Subdiv. 17. The district may appoint any suitable person to represent it in a suit; but in the absence of such appointment, the director is constituted the representative of the district in all suits. See section 442 and the comment thereon. Subdiv. 18. This subdivision authorizes the electors of any school district to compensate the treasurer and director of the school board. If the electors desire to vote a compensation to these officers for services rendered it must be voted at the an- nual meeting at the commencement of the school year. When compensation is not voted by the electors, the officers serve without pay. The sum voted to each officer must be definitely stated. The amounts need not be the same. The clerk receives compensation in another way when his report is correct and filed in proper time with the county superintendent. Subdiv. 19. When the district board has made a contract under authority of the district, the repeal of the resolution authorizing such contract will not abrogate the contract. A district can repeal a resolution to raise a tax at any time before the warrant to collect the taxis handed to the collector; but this power cannot be exercised after part of the tax has been collected (Gale vs. Mead, 4 Hill; Smith vs. Dillingham, 4 Barbour). When it is thought advisable to repeal a resolution it should be done in express terms and not by implication. Officers elected at an annual meeting cannot be displaced by reconsidering or re- scinding former proceedings at an adjourned meeting. When an election has been held in due form, the elective power of the district is exhausted, and the officers chosen at the annual meeting are the legal officers of the district, until by death, resignation, removal from the district, expiration of term, refusal to serve, or removal from office, a vacancy occurs proper to be filled by election or appointment. And when a person entitled to hold office has been elected, and has not refused to serve, there is no power to take it from him or to debar him from assuming its duties. Section 430e. This law does not interfere with that part of section 425, W. S., which makes it the duty of the district board to meet on the Saturday immediately preceding the annual meeting for the purpose of making a careful examination of the accounts of the treas- urer and compiling a full and itemized report of all receipts and expenditures since the last annual meeting; of the amount in the hands of the treasurer, or the amount of the deficitfor which the district is liable; of the amount necessary to be raised by taxes for the support of the school for the coming year and of the amount required to pay the interest or principal of any debt due or to become due during the year. No tax need be levied by the district to meet the payment of any principal or interest on any loan made from the state. The secretary of state and the county clerk take care of all pay- ments to be made on loans from the trust funds. These reports are to be submitted in writing at the annual meeting and the amount of money reported on hand at the begin- ning: of the year must be exactly the same as the amount reported on hand at the close of the preceding year. Before the meeting proceeds to elect officers, the minutes of the last annual meet- ing should be read, and those of such special meetings as have been held during the year. The reports of district officers should also be presented, followed by the report 373 School Law Comments. of the committee that examined the accounts. If the audit committee does not re- port, then the meeting may appoint a committee to examine the'accounts of the board and report at once or at an adjourned meeting. The financial statements submitted should be accompanied by vouchers for all moneys expended. , Reports of officers should be spread upon the records. Papers that are merely filed are often lost. If a vacancy exists in the board from any other cause than the expiration of the incumbent's term, it is advisable that a resolution be passed declaring that such va- cancy exists, and stating the ground on which the meeting regards the office vacant. It is for the meeting to judge in the first instance whether a vacancy exists, and al- though it may err in so declaring, the officer elected will be deemed an officer de facto, and his acts in relation to the public and third persons deemed valid, unless his election is pronounced void by authority. If a mistake is made in stating the length of an unexpired term, the person elected will nevertheless serve to the end of the term, and no longer, as this matter is regu- lated by law, and not by the vote of the district. District officers may be elected at an adjourned annual meeting if such meeting be held within ten days after the time fixed by law for holding the annual meeting. A school district officer elected at an annual meeting cannot be displaced at an adjourned annual meeting. The manner of resignations of school officers is fixed by subdivision 8, section 961, statutes of 189 8, in the following words: "Resignation by a school district officer shall be made to the district board." It is clear from this that a resignation made to the electors at an annual meeting is not the resignation contemplated by statute and therefore does not, without some other act of the officer, create a vacancy. Section 4 3 Of. This law does not mean that school must be maintained in the additional room for the entire year but for the term only in which the enrollment is beyond the limit. This will probably be the winter term. If the enrollment occurs for more than one term, a state graded school should be organized. The advantages of organizing a state graded school where the number of pupils enrolled is sixty-five or more, are many and well worth while considering. Read what is said under the head of "State Graded School," section 49 6d. GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS. 1. Elect a chairman (the person so elected may or may not be a member of the school board). 2. If the district clerk is not present, appoint some one to act in his place. A full record of the proceedings of the meeting and the business transacted must appear upon the minutes. 3. The minutes of the last annual and all intervening special meetings, if any, should be read, corrected if necessary, and approved. 4. The itemized reports of the members of the board giving the receipts and ex- penditures for the year ending June 30th should be read and acted upon. 5. The report of the committee of three taxpayers appointed at the last annual meeting to examine the accounts of the school board should now be read. 6. Determine the length of time school shall be taught during the ensuing year, which must not be less than eight months. The graded schools desirous of sharing in the special state aid must maintain at least nine months of school. 7. Vote to raise a tax for school purposes for the ensuing year. This tax should be sufficient to enable the board to purchase needed apparatus and supplies, and the question should be brought up by the board, discussed, and a conclusion reached as to the amount needed, at the board meeting on the Saturday before the annual meeting. (See section 425, School Code.) Any person has, however, the right to make a mo- tion as to the amount that shall be levied. 8. Appropriate the sums of money necessary for repairs to the school building, fences, out-houses, grounds, for additional furniture, for providing for heating and ven- tilation, repairing or placing new blackboards, etc., etc. The members of the school board should make it a point to be at the schoolhouse in a body, half an hour or so before the time for opening the meeting. This time should be devoted to a careful examination of the condition of the buildings and grounds. This is also a good time to determine the cash valuation of the schoolhouse and the site. The books in the library (if they are still in the schoolhouse) should also be counted and examined, and the value of the apparatus estimated. This will enable the clerk to make a satisfac- tory statement in regard to these matters in his forthcoming report. 9. If necessary levy a tax for the purpose of providing money for the purchase of maps, blackboards and school apparatus (see sections 436 and 560i, found in this code). Expensive school apparatus should not as a rule be purchased. All kinds of apparatus purchased must have the approval of the county superintendent of schools 374 School Law Comments. or of the state superintendent. If new seats and desks are to be purchased it will be worth while to examine into the merits of adjustable steel. School officers are agents of the district and should carefully avoid impositions. The state superintendent will give no agent a general recommendation for books, furniture, or apparatus of any kind. Any information relating to these things is only given upon receipt of re- quests made by school officers. Keep clearly in mind that any person purporting to represent the state superintendent in any way as an agent for school supplies of any kind is an impostor. His name, business, etc., should be reported to this office imme- diately upon his appearance in any district or his making an attempt to so influence any school board to purchase his goods. 10. A vote should be taken as to whether or not the district treasurer and the dis- trict director shall receive a salary for the coming year. A tax must be levied if the vote is favorable. The school district officers can not lawfully draw, countersign or pay an order upon the district treasury for the above purpose without having been first authorized to do so by majority vote of the electors. 11. Elect officers to fill vacancies. This election must be by ballot. No other plan is legal. A majority (more than half the voters voting in the meeting) is necessary to an election. 12. Appoint a committee of three taxpayers to examine the accounts of the school board between the 30th day of June next following their appointment and the nearest annual meeting, this committee to report at said annual meeting. 13. If necessary, vote to authorize the board to borrow money. The electors have authority to direct the board to borrow money from some bank or some individual or from the trust funds. If this matter is to be brought before the meeting, the di- rections under the head of "Borrowing Money," found in this code should be care- fully read by all the school officers and by other parties directly interested. Sections 475, 476, 47 6a of this code should be carefully read and studied before the meeting is held. Read sections 258d, 261, 263 and section 435 in order to determine the maximum amount that may be borrowed. 14. Vote upon the question of authorizing the district board to admit to the privi- lege of the school, nonresident pupils and persons over twenty years of age. (See section 435o.) 15. Fix a fee for tuition per week, month or term, to be charged for persons so admitted. If the electors do not decide this matter the duty devolves upon the board. The maximum fee is one dollar per month for rural schools, and one dollar seventy-five cents for attendance upon state graded schools and grades below the high school. 16. Vote upon the question of closing the district school for one or more terms or for the year and providing for tuition, or tuition and transportation to adjoining districts in accordance with sections 430 — 1 to 430 — 8 and 496q to 496t, inclusive. 17. Vote to determine whether or not the school board shall be directed to close the school and provide transportation and tuition for all persons of school age who may attend a state graded school or the grades below the high school in some ad- joining or convenient district. (The tuition of those who attend the high school may be paid by the town in which they reside.) Section 4 9 6q must be read and studied in this connection. Any district complying with the provisions of said chap- ter is entitled to receive one hundred and fifty dollars of special aid from the state upon filing the proper application. The teacher's wages, cost of fuel, repairs, etc., can be used wholly or in part to pay transportation and tuition. By adopting this plan many districts can save money and at the same time give the children better school advantages than if a small school were maintained in the district. 18. Vote to determine whether or not the school board shall be authorized to enter into contracts with parents, guardians or other persons in charge of any pupil or pupils to compensate such parents or guardian for transporting any pupil or pupils to the school. The statute permits compensation to be paid to such parents or guardians in cases where the distance is more than two miles from the school. Upon a proper statement made to the state superintendent as required by this act, a war- rant may be drawn upon the state treasury for five cents per day for each day any child is transported under certain conditions. Read sections 430 — 4, 496q, 496r. and 496s. 19. Levy a tax to raise money for the payment of transportation or tuition in case advantage should be taken of any of the above provisions. 20. Vote upon the question of furnishing free textbooks for your district. Sec- tion 440 empowers the school board to change textbooks, but under no circumstances must textbooks be changed, unless they have been in use for at least three years. 21. Consider whether or not consolidation of school districts or of school inter- ests in your neighborhood will be advantageous. Read Sections 419b to 419h in- clusive and 496 — 1 to 4 96 — 9. 22. Consider whether or not your school may be profitably organized into a state graded school or in certain cases into a free high school. Section 4 3 Of. Read chapter 256, laws of 1905, if you have anything like sixty-five pupils en- .°.7.") School Law Comments. rolled in a one-room schoolhouse. If a two department state graded school is estab- lished the district will be entitled to special aid to the amount of $200 each year and if a three department school is established $300 will be paid annually. See chapter 289, laws of 1909. (Sections 496d to 496i inclusive.) 2.3. Entertain any other matter relating to the management of the affairs of the district. 24. Adjourn sine die if the business of the district has been satisfactorily com- pleted. If not satisfactorily completed, it will be well to adjourn to a near future day. By so doing the trouble of calling a special meeting will be avoided. As many adjournments as are necessary to complete the business of the district may be legally taken. Section 431. For law relating to school boards of seven members, see section 493a. In reckoning the terms of district officers, the time from the first meeting of a legally organized district to the first annual meeting, no matter how short that may be, is to be considered a year, because all subsequent elections must take place at the annual meetings of the district; hence, at the first regular annual meeting after its organization the district will elect a clerk, at the second a treasurer, and at the third a director, each for a term of three years. Ordinarily, but one district officer will be elected at an annual meeting, but it will sometimes be necessary to fill the unexpired terms of those who have vacated their offices. Section 443 provides that treasurers shall hold their offices until their successors are elected or appointed, and qualified by filing the required bonds. Section 432. The decision of a majority at a meeting properly convened, is the decision of the board, but the decision of a majority, or even of all three, under other circumstances,, is not the decision of the board. Members of the board must obey the law if they desire to keep themselves and the district out of trouble. It was held in 16 Maine R., 18 5, that the dismissal of a teacher by two, a ma- jority of the board, was illegal, because the third was not notified, although he was out of town. The court says: "That does not allow the majority to dispense with the rule requiring notice. They are not in such cases constituted the judges whether the notice would be effectual to secure his attendance. Nor would it be entirely safe to entrust them with such power, as it would afford an opportunity to select an occasion when they might judge that a notice would be ineffectual, and thus, by neglecting to give it, free themselves from the presence of a dissenting minority. It may often happen that those will be able to attend, who were believed to be so situ- ated that their attendance could not be expected. Nor is there any difficulty in giv- ing the requisite notice in such cases, as one left at the usual place of residence would be sufficient." A single member of the board may be authorized to carry out a vote or deter- mination of the board, such as making a purchase, engaging work to be done, etc. In Nevil v. Clifford, 63 Wis., 435, the court held that: 1. The school board has the power to build a schoolhouse out of funds provided by the district for that purpose, but has no power to build, or cause to be built, a schoolhouse, and then make the cost of the building a charge against the school dis- trict. It is unlawful for the board to incur an indebtedness to be paid in the future. Call a special meeting if a tax levy is necessary at any time. 2. The voters at a school district meeting cannot authorize the school board to contract a debt on behalf of the district, or to levy a tax in an amount beyond the limit of their own powers in that behalf. 3. Nor can a school district ratify a contract or acts of the school board, which it would have no power to authorize in the first instance. Section 433. Section 9 62, of the "Wisconsin statutes, declares when offices become vacant. That section is here inserted: Section 962. Every office shall become vacant on the happening of either of the following events: 1. The death of the incumbent. 2. His resignation. 3. His removal. 4. His ceasing to be an inhabitant of the state; or if the office be local, his ceas- ing to be an inhabitant of the district, county, town, city or village by or for which- he shall have been elected or appointed, or within which the duties of his office are required to be discharged. 376 School Law Comments. 5. His conviction of any infamous crime, or of any offense involving violation of his official oath. 6. The decision of a competent tribunal declaring void his election or appoint- ment, or adjudging him insane. 7. The neglect or refusal of any person elected or appointed or reelected or re- appointed to any office to give or renew his official bond, or to deposit the same in the manner and within the time prescribed by law. 8. The neglect or refusal of any officer in office to execute and file an additional bond, when lawfully required, in the manner and within the time so required or pre- scribed by law. 9. The death or declination in writing of any person elected or appointed to fill a vacancy, or for a full term, before he qualifies, or his death or such declination before the time when, by law, he should enter upon the duties of his office, to which he was elected or appointed. 10. On the happening of any other event which is declared by any special provi- sion of law to create a vacancy. This section introduces authority for the village clerk to appoint members of dis- trict boards, or members of boards of joint districts, in all cases where the members of the boards themselves fail to fill a vacancy in their own number. This power of appointment by the village or city clerk does not extend beyond the limits of the district in which an organized village or city is located. When a vacancy in the board of a joint school district has not been filled by the board itself within ten days, such vacancy must be filled by appointment made by the clerk of the town, village or city in which the schoolhouse of the joint district is situated. Section 432. By this section it is made the duty of the town, city or village clerk to fill a va- cancy in a district board when he is officially informed of its existence; but his func- tion is administrative, not judicial, and does not clothe him with authority to inquire into the validity of an officer's election or appointment, or to declare an office vacant. The sufficiency of the treasurer's bond must be determined by the director and clerk, but they are bound to exercise a sound discretion and may not use this power to defeat the will of the district. The wilful and unjust refusal of the officer required to approve the official bond of a person elected or appointed to an office, to give it his approval, cannot deprive such person of his office or create a vacancy therein. "If the failure of a person appointed to an office to file his official bond within the time prescribed was due to no neglect or default on his part (as where the officer required to approve such bond withheld his approval on the ground that the appoint- ment was invalid), such appointee may, after judgment in his favor in an action to oust an usurper from the office, file his bond and do any other act necessary to en- title him to discharge the duties of the office." See section 3471, W. S.; 65 Wis., 510. The word "town" may be construed to include all cities, wards, or districts, un- less such construction would be repugnant to the provisions of any act specially re- lating to the same. Subd. 17, sec. 4971, W. S. The power of a district board to fill a vacancy continues but ten days; if they do not fill it in that time, the duty devolves upon the town clerk. But neither the board nor the town clerk is authorized to act judicially, and set aside an election, where an officer is deemed to have been elected illegally. Such person having been de- clared elected, and having entered upon the office, will be held to be an officer de facto until the illegality of his election is determined by competent authority. In other cases the board, town, city or village clerk, before making an appoint- ment, must of necessity decide in view of the facts that a vacancy exists, and in the order making the appointment, the facts which have caused the vacancy should be stated. In case of expiration of a term of service, and no election to fill the vacancy, it is to be understood that the term does not actually expire until ten days after the annual meeting. The board then has power, for ten days, to fill the vacancy; and the town clerk has therefore no power to fill it until twenty days after the annual meeting. In case of a single vacancy in the district board, those in office possess all the powers of a full board for the purpose of filling such vacancy, but if two vacancies exist at the same time, the remaining member cannot fill them. It must be done by the town clerk. A person should not be reappointed who refuses to serve, or whose resignation has been accepted. The statute regards the penalty for refusing to serve as an equi- valent for the service. (See section 500.) In case of appointment, the term of office of the appointee expires at the next 377 School Law Comments. annual meeting, and if a successor is not then elected, the incumbent cannot hold the office more than ten days after the annual meeting, except in Uie case of the treasurer who will hold the office until his successor has filed his bond. It then becomes the duty of the board to fill such vacancy, and if they neglect to fill it, this duty devolves on the town clerk. Section 434. A school district is a corporate body, and as such has perpetual succession and existence in its corporate name, and the capacity to hold real and personal estate for its corporate purposes. It possesses this power as a legal body wholly distinct from the individuals who from time to time composeMt. The district can act as a corpora- tion only through its officers. The power to purchase or lease a site for a school- house, or to build, hire or purchase a schoolhouse. or to sell any schoolhouse, site or other property, belongs exclusively to the district board. It is often the case that a building committee is appointed by the district to superintend the erection of a schoolhouse. Although the law contemplates no such committee, there may be no serious objection to it, if it can aid the board by its advice and service in carrying out the wishes of the people. But the district board alone has power to bind the district by a contract, written or verbal, and the district has no power to supersede them by appointing a building committee, or any other agents. A stringent contract, which in all cases should be in writing, with proper provi- sions for the adjustment of any questions that may arise under it, should be made. The inhabitants of a district assembled in district meeting, should give plain and specific instructions to the district board in regard to the matters referred to in this section. All votes relating to purchase or sale of a site, schoolhouse, or other district property, should be taken by yeas and nays, and all proceedings should be entered at length upon the record book of the district. See form No. 24. Section 435. An admission fee may be charged for admission to entertainments given in the public school building. Read section 515a under "cities." The books and records of the district are by law committed to the care of the clerk. The board has exclusive control of all property belonging to the district. It is the duty of the board to provide the necessary appendages for the school- house, without waiting for instructions from the people of the district. They are also required to keep the schoolhouse in good condition and repair during the time a school shall be taught therein. This duty should be promptly and efficiently per- formed. Under this section the board has power to cause to be built suitable out- houses, and to provide blackboards and other things necessary to the successful man- agement of the school. See section 436. It may be wise for district officers to be guided by the .expressed wish of the dis- trict concerning matters which this section commits to their care; but no vote of the electors of a district can divest its officers of the authority or relieve them of the responsibility with which the statutes cloth them. In the exercise of the discretion confided to the board under this section it should distinguish between things necessary and things unnecessary, though perhaps de- sirable. (See sections 435a and 436 for other statutory powers.) Retaining and using seats or other equipment bought on credit is not a ratifica- tion of the express contract made by the board therefor, when such contract was never presented to the voters of the district, and there is no evidence to show that they knew its terms. But such retention and use amount to an approval of the pay- ment of the purchase price for such seats by the board: Kane v. School District, 52 Wis., 5 02. But if the terms of such contract had been made known to the voters of the district at some meeting thereof, and they had failed to act thereon and had afterwards authorized the district officers to use the articles purchased, probably this would have bound the district. The board should also visit the school, inspect the buildings and grounds and see that the school building is insured in some good company. See sections 441 — - 441a. Section 435d. This statute gives any school community an opportunity to organize for social and educntional purposes. It will be a good plan to hold a general meeting of the resi- dents of the district for the purpose of organization. At this meeting a committee can be appointed or elected to carry out any plans that the people may decide upon or after electing the committee and after some general directions as to the general character of the discussions and meetings, the committee can be directed to prepare a program and directed to report at an adjourned meeting held a few days later. At this meeting a definite plan or program can be fairly well worked out and agreed upon. Matters of direct interest such as farming, manufacturing, marketing, town or district affairs, sanitation for the farm and home, etc., etc.. etc., may form the basis for discussions or 37S s< iiooL Law Comments. entertainments, lectures, joint debates between districts can be arranged. Care must be exercised that these meetings are not held too frequently; that matters which tend to bring about an unpleasant factionalism.are not brought up for discussion; that the gatherings become frivolous and without meritorious purpose or that any one is ex- cluded from participation. If properly planned and conducted these meetings offer large opportunities for good and for the welfare of the district, but unless well directed they will prove to be of little if any value. The state superintendent will gladly ad- vise with any school officers or committee having charge of work to be carried on un- der the provisions of this chapter. Section 4 36. It is Avorth while to emphasize that provision which requires that, "All such pur- chases shall be approved at a regular meeting of said board, at which all the members thereof shall be present." No contract made in violation or neglect of this plain re- quirement will bind the district, and all questions as to payment of the purchase price of any school apparatus contracted for without the regular meeting of the board must be settled by the firm or agent and the school officers as individuals. They and not the district assume all responsibilities. This enlarges the scope of section 4 36, statutes of 1898, by giving the board specific authority to expend for needed appliances for the schoolroom the sum of $100, in- stead of $75 as heretofore. It is also more specific in its statements of what may be purchased. The question will undoubtedly occur as to what is to be included under the different heads mentioned in this statute. In the matter of supplementary read- ers, there should be as many copies of the primer as there are pupils in the primer class. The same rule will apply to supplementary first readers, second readers and third readers. There should be at least one Academic Dictionary for every six pupils doing work in the middle and upper forms. One set of at least eight maps in a close, dust-proof roller case; one globe 8 or 10 or 12 inches in diameter, with a suitable case. The cost of the globe and the case should not exceed $6.00. Entirely satisfac- tory globes are frequently purchased for less. A good blackboard at least 20 feet long and four feet wide, (slate is always to be preferred) making at least 80 square feet of surface should be provided. In a primary department or a school of one department only, the bottom of this board should not be more than 28 inches from the floor. The schoolroom should be kept furnished with seats and desks in good condition. All desks of the same size should be placed in the same range or row. Single desks are always to be preferred. No. 2 desks will accommodate the largest pupils enrolled in rural schools and No. 5 will accommodate the smallest. Adjustable seats and desks, while somewhat more expensive, will enable the teacher to regulate the height to ac- commodate the pupils. Care must be taken to place the desks so that the pupils may be able to use them and to take comfortable positions at them without having to lean forward. As a rule the desks should be so placed that a line dropped from the front edge will strike from two to three inches inside the front edge of the seat; or in other words, the front edge of the desk should overlap or overreach the front edge of the seat below. If possible the desks should be so placed that the light may come from the rear and left of the pupils. Recitation seats should be provided in number suf- ficient to accommodate the largest classes. HEATING AND VENTILATING SCHOOLROOMS. Hot Air Furnace. The matter of properly heating and ventilating the schoolroom is of the utmost im- portance. The schoolroom should, if possible, be kent at a uniform temperature of 7 degrees P. and should be continually supplied wih warmed fresh air while the school is in session. In order that this frpsh air may be supplied it is necessary that a fresh air inlet and a foul air outlet shall be constructed of a capacitv sufficient to meet the needs of the room. A basement furnace proDerlv installed with a fresh air intake and with a foul air outlet, will heat and ventilate the room and keep the floor comfortably warm at thp same time. The fresh air intake provided for any furnace should be at least 14 inchps in diameter. The foul air outlet must be larger than tne fresh air intake. The chimnev built for thp outlet mrfst be at least 16x16 or 12x24 inches inside measurement. fOrdinarv bricks are 2x4x8 inches in measurement and. consequently will not build well into a chimnev the dimensions of which are not divisi- ble by 4.) This really means a chimney with the flue large enough to carry off the smoke from thp furnacp as well as thp foul air from the room. This foul air outlet or chimney must be provided with a suitable register (the "wing" or "window shutter" kind preferred ). at least 16x20 inches or 12x28 inches placed on nnp sid° of the foul air outlet, the lower end of the register reaching: to the floor. This will enable the teacher to control the foul air ventilation. The hot air from the furnace, in order to secure the best ventilation, must be admitted into the room from an opening (a regis- ter similar to the register provided for the foul air outlet but somewhat smaller) near the ceiling. This demands that a hot air nine shall carry the fresh air from the fur- 379 School Law Comments. nace between the walls of the building, or that a suitable chimney extending partly into the room, or that a pipe of proper size built of steel shall be provided. The warm air should be admitted through the register into the room'on the same side of the room where the foul air outlet is constructed. This will, if the windows, doors, floor and ceiling are tight, provide for a better distribution of the heated fresh air through- out the room, than can be obtained by placing the hot air register in the floor. If, however, the hot air register is placed on the floor it will be well to have a circular jacket placed over the register and extended up into the room two or three feet. This will direct the hot air current directly towards the top of the room and will prevent the pipe from becoming filled with dust and sweepings from the floor. The Jacketed Stove. A stove of sufficient size and shape, properly jacketed, with suitable provisions for the admission of fresh air and for carrying off the foul air, may be made to meet the requirements of the law as stated in sections 560h — 5601. A careful investigation of various methods for obtaining ventilation by the use of a jacketed stove leads to the conclusion that the following is the only home-made system that the school boards are safe in placing in their schools: A stove of round-oak type, having a firepot 20 inches or more in diameter for a room 20 by 32 feet, and a larger firepot for a larger room should be used. This should be placed in the end of the room where the chimney is built. This is important in order to secure a proper distribution of heat and circulation of fresh air. Do not, however, place the heater directly in front of the chimney if it can be avoided. In case it seems desirable or cannot be avoided, the heater must be placed at least eight- een inches from the chimney and that part of the jacket back of the stove should reach to the floor. A fresh air pipe at least 12 inches in diameter should be brought from the outside of the building to a point immediately behind the stove. The opening of this pipe should be opposite the fire-pot and inside the jacket, that is, it should reach or project to a point 4 inches above the bottom of the jacket which is to be placed about the stove. If this fresh air intake opens below the stove through a register it will be found that the cold air will blow out under the heater and the jacket and over the floor and cause the floor to be cold unless the fresh air ventilation is entirely cut off. A jacket should be built to fit around the stove. This should extend at least 6 inches from the heater at all points and should be lined with asbestos paper and corru- gated tin. The tin lining is necessary in order to keep the asbestos in its place and from being torn by the pupils. This lining will prevent any direct transmission of heat through the jacket. The jacket should be built with heavy steel rings at the top and bottom and steel frames for the door in order that it may withstand hard usage. It must entirely surround the stove and be provided with one or more doors through which the fuel and ash doors may be reached. The bottom of this jacket should be placed at least 8 inches above the floor on stout straps or steel legs. A tight-fitting damper should be provided in the fresh air intake near the outer end, so arranged that it may be regulated from the inside of the room according to the wind and weather or may be closed when school is not in session. This "cut-off" or damper may be placed close to the wall inside the room in most cases. This plan provides means for bringing into the room plenty of pure air and also takes care of the heating part of this ventilation system. An important feature, one which must not be deviated from, is the construction of the smoke chimney and the foul air ventilation. The chimney should be built from the ground up and should be at least 16 inches square inside. The best results will be obtained if this is a double course chimney in order that as much heat as possible may be retained in the ventilation shaft. A stack or pipe 8 inches in diameter made of steel or tile should be placed in the center of this chimney. A "T" for receiving the smoke pipe from the stove should pass from this steel or tile stack or pipe through the walls of the chimney at the proper height from the floor to receive the smoke pipe from the stove. The bottom of this steel stack or tile pipe must be tightly closed and all joints made tight. The term "double course chimney" must not be misunderstood to menu a double- flue chimney. The chimney should consist of a single flue only. Neither must it be understood that the eight-inch stack or pipe must reach to the bottom of the chim- ney. If it extends just below the point where the "T" projects, that wiil be all suffi- cient. A "double course chimney" is one of double thickness or built of two courses of brick. The chimney should go out through the peak of the roof and stand at least 5 feet above the peak and the steel stack or pipe within the chimney should be placed a foot higher than the chimney itself. A wing register 16 by 20 inches should be placed in the bottom of this large chimney, the lower edge of the register placed even with the floor line. • The idea is that the foul air will pass cut through the space surrounding the steel stack or pipe inside the chimney and a good upward draft will be maintained, especially in the winter time, because of the heat transmitted through the steel stack or tile pipe. This system has been quite thoroughly tested and is recommended as having proved satisfactory. 3S0 School Law Comments. Demand Guarantee. The board members should be constantly on their guard against cheap and unsatis- factory ventilating apparatus recommended by persons not responsibly engaged in the business of supplying such appliances. If home-made appliances are to be used the plan above described should be strictly followed. There are several patented systems on the market that have proved satisfactory and may be purchased outright from the dealers or firms by district boards if they so prefer. Any one of these systems will be installed by the company furnishing it and will also be fully guaranteed. Under no .circumstances should any imtented heating and ventilating system be installed by any agent or company unless the chimney is at least 12 inches square inside measurement, or the equivalent; that is, 144 inches in area. The foul air pipe must also be 12 inches in diameter. It is practically useless to pay out money for the installment of any kind of heating and ventilating apparatus unless the arrangement.- and appliances for its successful operation are provided. Salesmen and even principals of firms selling such apparatus may insist that their especial system will perform the work and meet all re- quirements with almost any kind or size of chimney. It must be remembered, how- ever, that these people are business people and that it is one part of their business to sell their systems, and while it is not my disposition or purpose to in any way interfere or hinder such people in their legitimate plans, I nevertheless deem it my duty to insist that any system of heating and ventilation shall be properly installed and that school districts and school district officers shall be protected and the comfort of the children shall be secured, rather than otherwise. The instructions given here &re the result of experience, careful study and investigation as well as consultation with persons skilled in matters pertaining to schoolroom sanitation. Do not neglect to demand and secure a strong, clearly worded guarantee from any firm that installs a plant in your school building. The county (superintendent can doubtless give the school boards necessary information concerning the cost of installing any one of these systems and also give the address of the company by whom it is furnished. School boards must keep in mind, however, that a cheap sheet-iron fence or shield around an ordinary stove, with a fresh air register under the stove and a ventilating pipe stuck into the side of a chimney, will not be considered as a "system of ven- tilation and heat distribution" within the meaning of these terms as used in the statutes and as interpreted by this department. Under no conditions will any sys- tem ventilate the schoolroom properly if any considerable quantity of outdoor air is permitted to enter the room through windows and doors, through cracks in the floor, openings under the baseboard or openings in the ceiling. A ceiling made with a thin coat of plaster or a ceiling that is full of cracks and openings will inter- fere seriously with the perfect working of any ventilating system because it allows the heated fresh air to escape from the room into the attic without resulting in any benefit whatever to the pupils. Tight walls and ceilings, tight floors, close fitting doors and windows are as essential to the successful working of a heating and ven- tilating plant as are the fresh air inlets, the foul air outlets, the jacketed stove or furnace or a patented system. Care of Schoolhouse, Furniture, Outbuildings. The walls of the schoolroom should be kept clean at all times and provisions should be made for cleaning the floor and woodwork every month. During cold weather the air should under no circumstances be allowed to circulate under the schoolroom floor. See section 14 08c regarding the cleaning of the schoolhouse before school opens and after the outbreak of any contagious disease. This law should be read by teach- ers as well as school officers. (Sections 1408a — 1408d inclusive.) The foundation wall or underpinning of the school building should be made and Ttept air-tight during the winter. Windows should be properly curtained and sup- plied with conveniences that will permit the teacher to regulate the amount of light admitted to the schoolroom. Curtains that can be attached by cords and pulleys to an ordinary window will be more satisfactory than curtains fixed to spring rollers attached to the bottom or top of the window, but curtains with rollers fixed at the lower part of the window are more satisfactory than those with rollers fixed at the top. The light from the upper part of the window is the most satisfactory for all schoolroom purposes. A good substantial card catalogue case with a sufficient number of cards for cata- loguing the school library books should be furnished. The books must be properly catalogued and a suitable case provided in which to keep them. Both cases should T>e dust proof and the library case provided with a lock and key. The school building should be kept in good condition and free from unsanitary features. At least two suitable and convenient outhouses placed at least thirty feet apart and separated from each other by a tight board fence at least seven feet high, must be provided and kept in clean and wholesome condition. Section 435a pro- 381 School Law Comments, vides that if the electors of the district fail to vote for a sum sufficient to enable the board to meet the requirements of said chapter, it shall be "the duty of the district board before the third Monday of November to meet and determine the amount need- ed to provide and maintain the outhouses and board walks as required, and the clerk must certify to the town clerk the amount so determined. The town clerk must then place said amount in the tax roll to be levied and collected as other school taxes are levied and collected. This is mandatory upon school boards. In addition to the above, sections 5 6 Of to 5 6 On require that the teaching shall -be "efficient." In order that the teaching work may be considered efficient it is essential that good order shall have been maintained in the school; that the teacher shall have been competent, faithful and progressive in her work and the district must have maintained what will be considered by the county superintendent and by in- telligent patrons as a good school in every essential particular before aid can be given. A school, maintained, furnished and provided as set forth in the law and as in- terpreted in this circular shall be entitled to receive special aid to the amount of $50 annually for three years. The annual report made by the district clerk under the requirements of section 4 62, and a special report of the county superintendent for the year ending June 30, must be the basis for making the special or merited apportionment. Section 43 5a This is an important statute. School boards should not delay in complying with its requirements. It is compulsory and is intended to remedy conditions that are a disgrace to many districts and which should not be permitted to continue a day after school opens. Read this chapter, call a board meeting, read the chapter to your fellow members on the board and make arrangements to comply with its provisions at once. The health and moral welfare of children demand immediate action at your hands and under the demands of this law. This Rule of State Board of Health, copied below, has the full force and effect of law in every particular. Rule 27. Toilets. Water-closets, dry closets and outhouses shall be kept clean and sanitary at all times. Water-closets, and dry closets when provided, shall be ef- ficient in every particular, and when said closets are not provided, then good fly- tight, well-ventilated outhouses for both sexes, separated by closely built fences, shall be provided. Good, dry walks shall lead to all outhouses, and closely built screens, or shields, shall be built in front of them. Outhouses for males shall have urinals arranged with stalls and with conduits of galvanized iron^ or other imper- vious material, draining into a sewer, vault, or other suitable place. Rule 28. Health officers shall enforce these rules, and promptly enter prosecu- tion for any violation thereof. Penalty for Violation. Any person who shall wilfully violate any law relating to the public health for which violation no other penalty is prescribed, or any order or regulation of any board of health, lawfully made and duly published, shall be punished by imprisonment in the county jail not more than three months or by fine not exceeding one hundred dollars. .Section 437 While the law has restrained districts, on the one hand, from voting excessive taxes, it has also provided a security against the parsimony or negligence that would sometimes fail to open schools at all, or that would open them for an insufficient period. Eight months' school in each year is the smallest amount that entitles a dis- trict to share in the income of the school fund. The district board is charged with the duty of making this provision, if it is not done by the district. The neglect on the part of the board to do this is punishable by fine, or removal from office. See sections 5 07, 4549 and 4550. Section 438 The duty here devolving upon a district board, like any other act performed by it, must be preceded by a regular meeting, as provided for in section 432. The district board has no authority whatever for paying money from the district treas- ury for the services of a teacher who has not been hired strictly in accord with stat- utory direction. See section 43 2 and the comments thereon. Through failure to comply with the law, district officers render themselves and their district liable to serious pecuniary loss. Two of the board may be in favor of hiring a certain teacher, and may think that because they are a majority there is no need of a meeting to consider the subject. But each member of the board has an equal right to be heard. Two of the board have no right to assume that the other member may not be able to give good rea- 382 School Law Comments. sons for hiring some other person than their candidate. Common courtesy as well as the law requires a meeting for deliberation. A meeting of the board was called by two members of the board by serving a written notice upon the third member. The notice omitted the place of meeting only. A teacher was hired by the two members at this meeting — the notified mem- ber staying away. The court held that the notice sent to the third member was void because the place of meeting was not named, that the teacher was not le- gally hired and that there was no authority for the treasurer to pay out district money for services rendered. In negotiating for a teacher, the board should first of all ascertain that the per- son is legally "qualified." The only legal evidence of this is an unexpired cerifi- cate from the proper superintendent. If the county be divided into two superin- tendent districts, the certificate must be from the superintendent of that division of the county in which the school is to be taught. In case of a joint district not wholly within the jurisdiction of one superintendent, the certificate must be from the su- perintendent within whose jurisdiction the schoolhouse is situated. A certificate has no validity or force beyond the county or jurisdiction within which it is given, although "indorsed" by some other superintendent. If a person without a certificate is hired and permitted to teach a school no money can be lawfully paid from the district treasury for services rendered, no mat- ter how satisfactory they may have been and furthermore such person can not re- cover wages from the district on a suit on his contract on the ground of quantum meruit (as much as he deserved). The contract is of no force unless signed by at least two members of the board. It is better that it be signed by all. The employment of any member of the district board to teach the school is not strictly forbidden by statute; nevertheless, it must be considered illegal, because against public policy; and a contract by a majority of the board with one of their own number, could not be enforced. 25 Wis., 551, and many other cases. The binding character upon the district or upon the incoming board, of con- tracts with teachers to extend beyond the close of the school year has been settled by the courts. 16 Wis., 336; 118 Wis., 294. The selection of the teacher and the amount of his compensation are committed to the discretion of the board. The wages must be no less than 40 dollars per month. The board may respect the expressed wish of the inhabitants, but the duty and responsibility of action in these matters remains with it. The teacher's security lies, first, in securing legal qualification to teach; second, in securing a legal contract. A verbal agreement may be incapable of proof, and may be broken. The teacher was legally qualified; he contracted to teach school for the year; his contract was signed by all the members of the board but such contract had never been authorized by any vote or at any meeting of the board. He taught six months and was then discharged. He sued the district at the end of the year for the wages due on hts contract. He lost his case and failed to collect because he was not hired at a board meeting. 106 Wis. p. 34 0. A teacher holding a legal contract may be dismissed for cause, during its con- tinuance, but the burden of proof always rests with the party that terminates a le- gal contract. A teacher prevented from rendering full service by the destruction of the school- house, or by the suspension of the school by order of the school board or the board of health, on account of the prevalence of a contagious disease, if ready at all times to render the service for which he contracted, may recover full compensation. 50 Vt., 30; 43 Mich., 480. A minor possessing the qualifications may, with the assent of his father, contract with a board to teach school. The law seems to contemplate that the contract shall be made with the teacher, not the father. If no agreement is made by the father to relinquish the minor's wages he may maintain an action against the board for them: Monaghan v. School District, 38 Wis., 100. One of the most important duties imposed by law on school officers is that of hiring a teacher. A district demands that a teacher shall be efficient, legally quali- fied and legally hired. Otherwise there is likely to be a waste of district money and worse still, a disastrous waste of children's time. See form 25 and Section 4 3 2. Section 43 9. The board has power to make all needful rules and regulations for the organiza- tion, gradation and government of the school, and to suspend any pupil for noncom- pliance with reasonable rules established by it, or by the teacher with its consent. 35 Wis., 59; 45 Wis., 150. But in matters of this kind the board will, in the main, be guided bv the advice of the teacher. While the teacher is subordinate to, and 383 School Law Comments. must execute the orders of the board, he is responsible for the conduct, discipline and' progress of his pupils, and should, generally, be allowed to jiecide as to the means and methods of discharging this responsibility. Rules adopted, or approved by the board, should be recorded in its minutes. While there is no doubt as to the authority of the board to>expel a pupil for con- tinued insubordination or gross immorality, humanity demands that all other reme- dies should be exhausted before resorting to this extreme measure. It is the prov- ince of the schools to make good men and good women from such material as is fur- nished by the several communities. The efficiency of the schools is commensurate with their power to incite ideals of right things. It becomes the duty of a school board to expel a pupil whenever it is convinced that his continuance in school wlil result in its demoralization, or in the contamina- tion of his fellows; but the proof on which the conviction rests should be clear. It should be remembered that the object of school discipline is to reform and restore. If the board neglects to make rules for the government of the school, the authority of the teacher to enforce obedience to reasonable requirements is unquestionable. The teacher may quell insubordination by corporal punishment or by suspension. But these are extreme remedies, and are justifiable only where other means fail, or are plainly inadequate. Courts have uniformly sustained the authority of school boards to make and en- force rules requiring pupils to bring written excuses for absence and tardiness under penalty of suspension. All rules must be reasonable, and capable of enforcement in a reasonable man- ner. If a school board should authorize suspension for absence occasioned by a vio- lent storm, by the illness of the child, or by illness or death in his family, the rule would be unreasonable and therefore illegal. Barring schoolhouse doors against tardy children in cold or stormy weather would be cruel, and would not be sustained. Not unfrequently there is a disposition to question the teacher's right to enforce his authority by the infliction of corporal punishment. It should be borne in mind that the teacher who contracts to manage a public school undertakes to do some- thing more than merely to prescribe lessons and hear recitations. He assumes to govern the school, to maintain quiet and order in and about the schoolhouse, and to compel such conduct on the part of the pupils as shall best conduce to their own wel- fare and that of the school as a whole. This authority would be nugatory if the teacher were not armed with some coercive power. Accordingly, the supreme courts of nearly every state in the union have held, with singular unanimity, to the determi- nation that the teacher has the right, in the execution of his duty, to inflict corporal punishment. Our own supreme court, in 45 Wis., p. 15 0, held that, "A teacher is responsible for the discipline of his school, and for the progress, conduct and deport- ment of his pupils. It is his imperative duty to maintain good order and to require of his pupils a faithful performance of their duties. If he fails to do so, he is unfit for his position. To enable him to discharge these duties effectually, he must neces- sarily have the power to enforce prompt obedience to his lawful commands. For this reason the law gives him power, in proper cases, to inflict corporal punishment upon refractory pupils." The courts have held uniformly that the teacher was liable for the castigation of his pupils only when the punishment was unreasonable, when inflicted from malicious motives. It has also been held that the teacher is the best judge of both of the need and the measure of punishment. There are many circumstances tending to determine the guilt of the pupil which cannot be set up in evidence, — such as the manner of the pupil, his tone of voice and general conduct. Still, the infliction of physical pain has little educational value, and a wise teacher will seldom resort to this method of securing obedience. A rule by the board that the teacher shall remain in or about the schoolhouse during the noon hour, especially if the school is a large one and any considerable number of the children bring dinners, is a reasonable rule and one that can be en- forced to the great advantage of the schools and both teachers and pupils in many cases. Many schools are rendered practically valueless to the community because of the conduct of the children during the noon intermission while the teacher goes to her boarding place. Section 439a. The compulsory attendance law is now enforced under the direction of the State Industrial Commission. Section 44 0. The above chapter places the power to change textbooks in the hands of the dis- trict boards. This power can be exercised at a regular board meeting only. See section 432. Changes can be made no more frequently than once in three years. For penalty see sections 440b, 4549 and 4550. The free textbook system can only 384 School Law Comments. be adopted by the electors at the annual meeting. After adoption no change of books can be made for three years. Experience has very clearly shown that the plan of furnishing textbooks free to pupils in districts and cities is more satisfactory and much less expensive to the dis- trict or city as a whole than any other plan so far devised and provided for by law. It enables school boards to furnish each pupil in the district with necessary and suit- able books of the best kind at once upon entering school and at a cost to the district of from one-third to one-half of what is usually paid out by parents during the school life of their children. It is found in many cases that the first cost of introducing the free textbook system is the greatest objection to the plan. This may be overcome by the gradual introduction of the system. For instance, if the electors of the school district should at the annual meeting vote to adopt free textbooks, and the directions to the district board were to furnish readers, language books, and grammars only for the coming year, the expense would be slight. Next year the electors might extend the system by authorizing the board to procure geog- raphies, spellers, and arithmetics and other needed books might be provided for later. The books are handled under this system by the school district board, and they are placed directly in the charge of the district clerk when the school is not in session. It is his duty to see that they are placed in the schoolhouse at the begin- ning of each term and he should keep in connection with the other district record required by law, a complete recordof all books purchased by the board furnished to the teacher by him, and received from the teacher at the close of the year or each term. The teacher should take charge of issuing the books to the pupils, and should keep a record of all books so issued, a record of their return by the pupils, and make some note as to the condition of the books when received. If properly cared for, the books should be serviceable for from five to six years, and after the first adoption the district will only be under the necessity of making provision to supply books that have been worn out or lost. If books are carelessly handled or destroyed by the pupils, the pupils or their parents should be held to account for the amount of the loss. About 3,000 districts or about three-sevenths of the whole number in the state are reported as furnishing free textbooks. See also sections 432 and 553m — 1 to 553m — 25 and sections 553m — 101 to 553m — 108 inclusive. Section 432 relates to board meetings. Sections 553m — 1 to 553m — 25 relate to county uniformity of textbooks. Two or three counties have adopted this plan. Sections 553m — 101 to 553m — 108 relate to the establishment of uniform prices for textbooks to be sold by publishers in Wisconsin. This is a new law, that interests every parent and taxpayer. Section 440&. It is always safe to presume, when there is considerable uniformity of books in use, that a list has been adopted at some time, although no list can be found in the file of the clerk, or posted in the schoolroom. In regard to a meeting of the board, the only safe plan is to call and hold a meet- ing as provided in section 43 2, before acting upon any important matter like that of changing or adopting textbooks, hiring teachers, etc., etc., and the attention of school officers is particularly called to the fact that the electors at a school meeting have no authority to change textbooks; also that there is no statutory authority for making contracts with publishing houses for a specified time. In making a choice of textbooks boards will do well to call to their aid the teacher and those best acquainted with the actual needs of the school. Such persons will be the best judges of the adaptation of the books to the needs of the school. Section 442. The words "legally drawn," in the first clause of this section, make it the duty of the director to ascertain that orders on the district treasury have been drawn in accordance with law, before affixing his signature thereto. By the provisions of subdivision 17, of section 430, the district has power, at any meeting duly called, to give such direction and make such provision, as may be deemed necessary in relation to the prosecution or defense of any action or proceed- ing in which the district may be a party or interested; and unless some other person is designated to perform the duty, the director is required to bring suit and carry out the will of the meeting. In case of a breach of the treasurer's bond it is the duty of the director to com- mence proceedings to protect the interests of the district at once, without waiting for the action of a district meeting. He may also bring suit for an injury to a schoolhouse without direction from the electors. 21 Wis., 657. If an action is commenced against the district, the director nlust appear in behalf of the district, without waiting for authority from a district meeting. The district 385 School Law Comments. may, however, designate some other person to act as its representative in the de- fense. Section 443. See Forms Nos. 26 and 27. School district treasurers hold their offices until their successors are elected or appointed, and qualified by filing the required bond. A neglect to file the bond completed and approved, within ten days, as the law directs, vacates the office. Filing it with the approval of one member of the board only, is of no effect. It is obviously improper for either the director or the clerk to become surety for the treasurer. The power granted the clerk and director by this section to require an additional bond, when deemed necessary, should be exercised whenever the interests of the dis- trict demand it. No good citizen will regard the exercise of this power as an impu- tation upon his character. Whenever the surety on the bond is not such as the law requires, it is obviously the duty of the treasurer to furnish additional security, and it must be done within ten days, just as in the original filing of the bond. When the office is vacated from either of the causes named, the board will ap- point a treasurer, who will be subject to the same conditions and possess the same powers as if elected to the office. By this section the treasurer is required to file a bond with securities that are sufficient in the judgment of the director and clerk, but these officers are to be guided in this matter by a sound discretion, and not by caprice. They may require the affidavit of bondsmen, certifying that they are worth the amount for which the bond renders them responsible, in their own right; but they may not use the discre- tion with which the law vests them to defeat the will of the district. Failure of a treasurer to pay over money in his hands on his removal from office is a breach of his bond, and no demand is necessary to fix the liability of his sure- ties. 27 Wis., 505. The district has no power to release a treasurer from liability for money lost or misapplied by him. 10 Neb., 293. If a district treasurer pays out any money of the district except upon an order therefor, properly drawn by the clerk and countersigned by the director, he may be held responsible to the district for the sum so paid. 98 Wis., page 22. The treas- urer in this case paid back to the district $273.8 simply because he had paid out the money without any orders being presented, although his books showed that every cent had been paid out for the benefit of the district. Section 444. While this section requires the treasurer "to pay all money received by him on the order of the clerk, countersigned by the director," it should be borne in mind that he is a member of the district board and is bound by the general law prohibit- ing these officers from paying orders for money that has not been appropriated ac- cording to law. See section 44 6. He is not bound to pay an order to satisfy an ap- propriation (made by the board) about which he was not consulted. 5 9 Wis., 518. An order, although properly drawn, does not relieve a treasurer of his responsi- bilities as a district officer. It is his business to see that the money of the district is disbursed according to law. The district treasurer can ascertain the amount of money to which his district is entitled, by examining the certificate of apportionment on file in the town treas- urer's office, which that officer receives from the town clerk. The district treasurer should pay all legal orders in the order of presentation, when no special direction ap- pears upon the order to the contrary. The law now requires the treasurer to give the clerk access to his books in mak- ing his report. It is a duty which the treasurer owes to himself, as well as to his district, to keep an accurate record of his accounts, so as to be able to present a clear and satis- factory statement of the transactions of the year. The account required to be kept by him, may, be a simple cash account, in which the treasurer personally, and in his individual name is charged with all school moneys received by him, and credited with each payment, specifying the date, the person to whom and the account on which it was made. It is convenient and will conduce to accuracy to number each credit consecutively, and to affix the same number to the order to be produced in proof of payment, and in support of such payment. This account should be kept in a book well bound, and a transcript of such account should be made, and with the proper vouchers, presented to the annual meeting. This transcript should be exam- ined by a committee appointed by the meeting, and should be endorsed by said com- mittee as having been examined and found correct, if the committee find it regular in all respects. When at the close of his term of office he settles with the district board, as required by law, the board should enter, upon the original account in the 386 School Law Comments. blank-book, its certificate that it has examined such account up to and including the last preceding entry (giving its date), and the vouchers therefor, and that it finds the same correct. It is deemed proper to refer here to the present law in regard to embezzlement. Refusal of an officer or other person made the custodian of money, to pay over the same on lawful demand, is declared to be embezzlement, and is punishable by im- prisonment or fine. And if any person so demanding money and refused the same neglects to make complaint against such officer, he is also punishable by imprison- ment, or fine. Sections 4418 to 4421 of the Wisconsin statutes relate to this mat- ter. It will be seen by section 963 that whenever any judgment has been rendered against the treasurer for any breach of the conditions of his bond the governor may declare the office vacant. The vacancy will be filled as other vacancies in the dis- trict board are filled. It is also deemed proper to refer here to the provisions of law relating to pro- ceedings to compel the delivery of books and papers of public officers to their suc- cessors, contained in chapter 43, Wisconsin statutes, and embracing sections 977 — 983 inclusive. Severe penalties and summary proceedings are therein pro- vided for failure to thus deliver books and papers to successors. Section 4553. Any public officer who shall at the expiration of his term of office refuse to deliver on demand to his successor in office after such successor shall have been duly qualified and be entitled to such office according to law, all moneys, books, records, papers or other property, belonging to said office and in his hands, or under his control by virtue thereof, shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hundred dollars. Section 445. The treasurer should bring the action before a justice of the peace, if the amount withheld does not exceed $200; otherwise, in the circuit court. Before bringing it he should consult the district attorney. Section 446. The importance of full and accurate records cannot be too strongly emphasized. The record book of the district should contain a full history of its school affairs. Dates, names, resolutions, votes, etc., should be given with such exactness that no trouble can arise which a reference to its pages will not help to settle. Financial statements and reports should be spread out on the record book. Documents that are merely filed are soon lost. The clerk cannot properly refuse to record the proceedings of a meeting that he was opposed to calling. And although he may think the proceedings illegal, it is his duty, nevertheless, faithfully to record them. If illegal, they may be set aside by competent authority, on appeal; and the record of the clerk is of importance in deciding the question. As the board has no authority to contract with a teacher who does not hold a legal certificate of qualification, so also any use of public funds, from whatever source received, for the payment of teachers not legally qualified, is a palpable viola- tion of law. It is the duty of the clerk to see and know that the person employed is legally qualified and entitled to teach, before any order for payment is drawn. It is no less the duty of the director to refuse to countersign, and of the treasurer to refuse to pay, orders drawn in violation of law; and these officers are bound to know that orders are legal before they recognize them as valid. Section 447. The topics recited in this section constitute the foundation of an education. The legislature evidently regarded them as of prime importance, and provided that they must be taught. Whenever, by the introduction of other branches into the public schools these are excluded, or are taught less efficiently, the plain provision of the section is vio- lated. • Every school should be so conducted as to secure daily instruction in read- ing, writing and spelling, and written exercises should be required of persons of suit- able advancement in every branch taught in the schools. The law contemplates instruction, discipline and government of such character as to prepare the young to discharge their duties as citizens of a country in which the English language is used by the courts, the legislature and the people. To carry out this provision of the law, section 449 provides: "No person shall receive any certificate who does not write and speak the English language with facility and correctness." Acquaintance with another language may aid in the instruction of children of foreign birth, or parentage, and this section allows one hour a day to be given to 387 School Law Comments. instruction in a foreign language, but the purpose of the provision is to limit, not to encourage the study of a foreign language in a common public school. The parent has the right to make a reasonable selection from the prescribed studies for his child to pursue; and a teacher is not authorized to inflict corporal punishment for the purpose of compelling the child to pursue the study forbidden by the parent. Morrow v. Wood, 35 Wis., 5 9. Section 447a. This section contemplates instruction in physiology and hygiene with special reference to the effects of stimulants and narcotics on the human system, for all pupils sufficiently advanced in age and scholarship. Under the guidance of an ap- proved book, oral instruction in this topic may be given to pupils that are too imma- ture to be benefited by the use of a textbook. The effectiveness of the work in this branch, so far as its oral presentation is concerned, will depend on the simplicity of the instruction, and the good judgment of the teacher in avoiding abstruse and offensive statements. In all instructions given under this law the subject of anatomy should be considered as taking a secondary place. The teacher should also inform herself quite fully on the elementary principles of sanitation and prevention of contagious diseases, as it pertains to the home and the school. Section 451. Comments relating to the standard of attainment will be found under section 461. This provision enables the superintendent to act upon the fact's within his own knowledge in the accomplishment of the end contemplated in section 453. The re- examination authorizes him to pass judgment upon the teacher with reference to his learning, ability to teach, and moral character. If found deficient in any of these particulars to such a degree that his continuance as a teacher would be prejudicial to the interests of education, the certificate should not be granted. The superin- tendent may base his judgment as to the teacher's ability upon the results of the ob- servations made by him during school visitation. Care should be exercised that the observed conditions are of a permanent character and evidence the real condi- tion of the school, as the authority to demand a reexamination of a teacheir can lawfully be exercised only when there is good and sufficient cause for it. At least five days' notice should be given to the board and the teacher of 'the time and place when and where the examination will be held. When the exigencies of the case demand the immediate removal of the teacher, it is advisable to confer with the board with a view to secure his dismissal on the grounds of failure to perform his contract. If the case arises near the close of the teacher's term, it may be the better course to require the teacher to appear at the next public examination; the facts and cir- cumstances of each case should control the action of the superintendent. Section 452. An appeal from the action of a county superintendent in refusing to grant a cer- tificate must be conducted according to the rules and regulations of the department governing appeals. As the county superintendent fixes the standard of attainment under the advice of the state superintendent, no appeal need be taken under the im- pression that the standard will be lowered. If the refusal is for want of literary qualifications, a reexamination w r ill probably be necessary. If for other reasons, the decision will be rendered according to the evidence submitted. The forms and rules to be observed in taking an appeal will be found under section 497. Section 453. Immoral character, deficiency in learning, or inability to teach, is cause for the annulment of a teacher's certificate. The superintendent should listen to complaints made under these heads. Upon presentation of specific charges, he should file copies of the complaint with the teacher and with the district board, and name a suitable time and place for pursuing the inquiry formally. If the charges be sustained by convincing evidence presented by the complainant, and the rebuttal made by the teacher fail to exculpate him, the superintendent may annul the teacher's certificate. In case of a charge of deficiency in learning, the superintendent may reexamine af- ter suitable notice, and may annul the certificate for cause; and in case of charge of want of ability to teach, the superintendent should inspect the school. If he find the charges well founded he may advise the board to discharge the teacher, or he 388 School Law Comments. may proceed as directed in the comments under section 451. In all steps taken the superintendent is a judge, the teacher is defendant, and the complainant should sus- tain his charge by convincing proof. Any annulment of a certificate is subject to appeal and to reversal by the state superintendent. Section 459. This chapter abolishes general election day (the first Tuesday after the first Monday in November in every even-numbered year and primary election day, the first Tuesday in September in even-numbered years), as legal school holidays. Legal holidays can only be counted in favor of the teacher or the school district when they occur on school days and when school under other circumstances would be in ses- sion. The school holidays now recognized by statute are: January 1st, February 22nd, May 30th, July 4th, Labor Day — usually occurring the first Monday in Septem- ber in accordance with a proclamation by the Governor — Thanksgiving day — usually the last Thursday in November — and Christmas Day. When legal holidays occur on Sunday, the following Monday is the holiday. School boards and teachers should take notice that the teacher's month is always twenty days, unless otherwise specified in the contract; also, that no Saturdays taught, but all legal holidays occurring while school is in session are to be counted as days taught. It is recommended that school boards exercise the power given in this section, and allow teachers to attend institutes and conventions without deducting the time. The consent of the board to attend an institute, convention or association occurring while school is in session must be obtained from all or a majority of the board at a board meeting held under the provisions of section 43 2. The certificate of attend- ance required by the law should be surrendered to the clerk before an order for wages is drawn. The teacher must not mark the "attendance" of pupils in the school register where days are taken for the above purpose or where holidays occur. Section 468. The town treasurer shall hold, subject to the order of the several district treas- urers of his town, all district taxes collected by him. Also all money raised by taxes levied upon the town by the county board of supervisors, and all money raised by the town in addition thereto, and pay the same over to the several district treas- urers, according to the apportionment made by the town clerk under the law. He will also receive from the county treasurer the amount apportioned by the state su- perintendent to his town, out of the income of the school fund, and pay the same over to the district treasurers, according to the apportionment made by the town clerk. The town treasurer shall also receive all money paid on account of delin- quent taxes, and pay the same over to the proper district treasurers. No school taxes except delinquent taxes will be returned, if the law is complied with. It is the duty of the town treasurer to notify the town clerk of any money which he holds subject to apportionment by said town clerk, and to inform district treas- urers promptly of any funds in the town treasury belonging to the respective dis- tricts. District treasurers are not required to accept any taxes or school funds from the town treasurer in anything but cash. The certificate required to be made on or before the second Monday in March, in each year, must state specifically the several amounts received from town and county tax, and the amount of income unapportioned which remains in the town treasury; it must also include any money apportioned the previous year, which has not been paid over to the district treasurers. Reference is here made to section 557. The purpose of the certified statement to the district clerk of the amount of money paid by the' town treasurer during the year next preceding, to the district treasurer, is to give the district clerk the data upon which settlement with the dis- trict treasurer can be made in time for report at the annual meeting. As the annual meetings are now held on the first Monday in July, the statement should be furnished earlier than the law now demands. The treasurer can not lawfully charge or retain any fee or percentage on any money which he pays out, or which comes into his hands from any state apportion- ment or from any donation or loan from any source. See sections 4549 — 4550. Section 470. Subdiv. 6. This chapter is of large interest to the electors and officers in joint school dis- tricts. Hereafter joint meetings of the assessors and clerks will be held only when the application provided for above is made. The clerk will not be entitled to any 389 School Law Comments. compensation and the assessors must rely for their compensation upon the treas- uries of their respective towns, and the equalization when once made under this act will continue to be the basis for apportionment of school tax'levy until a new equali- zation is petitioned for and made. Section 473. Upon the delivery to him of such statement, the town clerk should give the dis- trict clerk a certificate that he has received the same, stating the amount of the tax, and the time when received, which certificate should be filed in the office of the dis- trict clerk. The law contemplates that in joint school districts the district taxes shall be ap- portioned between the several parts of the district lying in different towns, not on the basis of valuations fixed by the assessors of such several parts, but on the basis of the equitable relative valuation of such several part's, to be ascertained and de- termined by the assessors in joint meeting as directed in said section 471. Section 474. The district may, at any time before the annual meeting, upon any unusual ex- igency, vote a special tax to be collected with the next levy (notice of such purpose being duly given, as provided in section 4 27), and the district may authorize the board to borrow the same amount for immediate use. Section 4 75. The land commissioners require that in all cases where the electors vote on the question of making a loan from the trust funds, each person in the meeting and de- siring to vote, must cast his own ballot or vote. The meeting can not, even by unanimous vote, authorize the clerk or secretary of the meeting to cast a ballot for the whole body of electors present. Section 476\ The special provisions of the law as to borrowing money to aid in building a schoolhouse, should be carefully examined and complied with; likewise those con- tained in the last preceding section, which apply to both the sections preceding it. Particular care should be taken to notify the electors, as provided in section 427, and every opportunity should be given for a fair and full expression of the will of the people. The resolution to be voted on at the meeting should be carefully drawn up. The district board has no authority to levy a tax on their own motion except as provided in sections 435a, and 437, except in cases of town and union free high school districts. Section 476a. This section is of interest to school districts that have contracted or may con- tract indebtedness from sources other than the state trust funds. By following its directions the indebtedness may be made to bear a 4 per cent interest rate instead of a five or six per cent rate. Its provisions are also of interest to districts that desire to build at a time when no money is available from the trust funds. The electors may direct the board to borrow the specified sum from some bank or individual for immediate use and until money can be had from the trust funds. The loan from the trust funds can, when received, be used to pay off the district indebtedness and thus reduce the rate of interest. Section -261. The principal point in this section is that it increases the rate per cent to be paid by school districts for loans from the trust funds from ZV 2 to 4 per cent. The provisions of the above chapter should be carefully followed. School offi- cers and parties interested should always recognize that in all cases where a loan is to be made from the trust funds of the state it is absolutely necessary that the pro- ceedings shall be in strict accordance with the statute. If there are any defects or flaws arising through oversight or carelessness, the application will be denied by the commissioners and it will be necessary, if the loan is to be made, to commence all proceedings anew. This tends to increase the irritation and lack of harmony and agreement upon school questions common to some school districts. All errors must be avoided. From one-third to one-half the applications for loans are more or less faulty in some particulars and must be returned for correction or must be denied by the land commissioners for want of proper proceedings. 390 "School Law Comments. ... ' ' I 1 "BE SURE YOU ARE RIGHT, THEN GO AHEAD." The granting of loans from the trust funds of the state for the purpose of aiding in the erection of schoolhouses is frequently delayed on account of errors and omis- sions in the application and accompanying papers. To aid school district officers to avoid errors and facilitate the granting of loans, the following statements are given: 1. The law requires that the authority to borrow money must be given by vote at an annual or lawfully called special meeting. 2. That the resolution to be voted on shall be in writing and shall specify the amount to be borrowed, the rate of interest, and the time and manner of payment. 3. The resolution to be voted on shall be read to the meeting and the vote there- on taken by ballot. 4. The ballots shall be written or printed; those in favor, "for the loan;" those opposed, "against the loan." 5. The resolution and the vote shall be recorded^ 6. If the resolution is adopted the meeting shall also levy a tax to be annually collected to pay the interest and principal of such loan as they become due. Section 427, Wisconsin statutes, gives the law relating to special school district meetings. That statute and the comments thereon should be very carefully studied before any steps are taken toward calling a special meeting for the purpose of secur- ing a loan from the state. In order that the essential points may not escape your notice, they are also placed here: 1. The special meeting must be called on the written request of at least five legal voters. 2. Notices for such special meetings must be posted at least 6 full days before the date on which the meeting is to be held in four or more public places in the district; one notice shall be affixed to the outer door of the schoolhouse. 3. If a loan is to be authorized, tax levied, or debt contracted, notice of the meet- ing must be served on at least three-fourths of the legal voters (men and women), either personally or by written notice left at their place of residence, stating the time and place, and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor, exclusive of the day on which the meeting is to be held. 4. A record of the proceedings of the special meeting must show that every requirement of the statutes has been observed. The following outline which may be modified to conform to the facts, will serve as a guide to aid in making a sufficient record of the proceedings of the special meet- ing, and a certified copy of such record must accompany all applications made to the Commissioners of Public Lands for loans from trust funds: Minutes of the proceedings of a special meeting of ■ ■ — - school district No. — of the town of in county, Wisconsin, held at the schoolhouse in said district on the day of , 19 — , at eight o'clock in the afternoon. The meeting was called to order by ■ -. Mr. was elected chairman and the school district clerk acted as clerk. Mr. , school district clerk, read an affidavit showing that the meeting was called on the written request of at least five legal voters of the district, and that no- tices thereof were posted in the manner prescribed for calling the annual meeting, and that at least three-fourths of the legal voters (men and women) had been noti- fied either personally or by a written notice left at their places of residence, stating the time, place and objects of the meeting, and specifying the amount proposed to be voted, at least s ( ix days before the time appointed therefor, exclusive of the day on ■which the meeting was to be held, which said affidavit is in the words and figures following, to-wit: County. — ss. -, being first duly sworn, on oath, deposes and says that he is the duly elected and acting clerk of school district No. — , of the town of , in county, Wisconsin; that on the day of , 19 — , a request in writing was filed with this deponent, requesting deponent to call a special district meeting on the day of , 19 — , at eight o'clock in the afternoon, which said request is in the words and figures following, to-wit: (Here give request in full.) That thereafter on the — day of , 19 — , deponent posted notices in public places in said district, one of which was affixed to the outer door of the schoolhouse in said district, of which the following is a true copy: (Here give notice in full.) That on the day of , 19 — , this deponent notified the following named legal voters of said, district personally, by reading the said notice to them: (Here give names of voters personally notified.) 391 School Law Comments. And on the same day deponent notified the following named legal voters of said district by leaving a true copy of said notice at their places' of residence: (Here give names of voters so notified.) That the persons on whom such notice was served as aforesaid constituted at least three-fourths of all the legal voters of the district. Subscribed and sworn to before me this day of , 19- Justice of the Peace. The following resolution was read to the meeting: "Resolved, That the school district board be and it is hereby authorized to make application for a loan of dollars from the state trust fund, payable in years, with interest at the rate of 4 per cent per annum, payable annually. (See Sections 261 to 262a) for the purpose of building a schoolhouse." The question being on the adoption of the resolution, a vote was taken by written ballots, which resulted as follows: For the loan Against the loan Majority for the loan The following resolution was then offered and adopted: Resolved, That a sum sufficient to pay the interest and principal of the loan as it becomes due, be and the same is hereby levied upon the taxable property of the district. I, , clerk of the school district above named, do hereby certify that the above and foregoing is a true copy of the record of the proceedings of the meeting therein referred to; that I have compared the same with the original record in my custody and that it is a true copy thereof and of the whole of such original record. Dated , 19 — . , District Clerk. The form of request to the clerk to call a special meeting is given in this connec- tion for the convenience of school officers and electors. The electors may at the meeting vote to borrow a smaller sum than that named in the call but cannot vote to borrow a larger amount. Request to District Clerk to Call a Special Meeting. To , Clerk of School District No. — - of the Town of : Sir: — You are hereby requested to call a special meeting of the above district on the day of , 19 — , at eight o'clock in the afternoon for the purpose of voting on the following propositions, viz.: 1st. To authorize the school board to make application for a loan of dol- lars from the State Trust Funds, payable in years, with interest at the rate of 4 per cent per annum, payable annually, for the purpose of building a schoolhouse. 2nd. To raise by tax a sum sufficient to pay the principal and interest of such loan as it becomes due. Signed: The form of notice for a special school meeting given herewith is one adopted by the land commissioners, and the district clerk should, as far as possible, make copies to be posted, agree with this form. It must not be forgotten that copies of the notice must be served upon at least three-fourths of the electors (men and women) of the district, at least six days be- fore the meeting and exclusive of the day on which the meeting is to be held. Any failure to follow the direction given in section 427, of this code, is likely to invalidate all proceedings of the electors at said special meeting. (Form of Notice for Special School Meeting.) Nc tice is hereby given to the qualified voters of School District No. — , town of , that a special school meeting of said district will be held at , in said district on the day of : — -, 19 — , at eight o'clock P. M., for the pur- pose of voting the following propositions, viz.: 1st. To authorize the school board to make application for a loan of — dol- lars from the State Trust Funds, payable in years, with interest at the rate of 4 per cent per annum, payable annually, for the purpose of building a school- house. * 392 School Law Comments. 2nd. To raise by tax a sum sufficient to pay the principal and interest of such loan as it becomes due. ( Signed ) , Dated . District Clerk. Persons interested in securing money from the trust funds for building purposes or for paying off old district indebtedness should carefully study the above directions to be followed in cases where a proposition to "borrow money" is to come before the district electors. The school board and three or four other interested persons should hold an informal meeting for the purpose of informing themselves in regard to the law, and the method to be followed as outlined above. The amount needed as well as the particular purposes for which it is to be used should be well thought out and such in- formation secured relating to the cost of building, or the amount and character of the indebtedness as will enable a clear presentation of facts to be placed before the electors when the annual or special meeting is held. This plan will avoid oversights, errors, and misunderstandings and will expedite business, prevent irritation and delay and be a source of satisfaction to the district generally if donvs from proper motives. Sections 477 to 484. The foregoing sections embody the laws in force as to the establishment of school- house sites. The town board is to be called upon, not to select or designate a site in any case, but to locate and establish the same or any addition thereto, when the dis- trict cannot obtain it on reasonable terms, or because the owner is a nonresident. All sites now selected must be on a public highway. In cases where schoolhouses are not on a public highway, the supervisors may be compelled to lay a highway to the house. (See section 1275m.) Section 489. The property belonging to the district is not liable to levy or sale upon an execu- tion. Under the rendition of any judgment against a school district, a transcript of the same is to be filed with the town clerk, or, if the district be a joint district, with the clerk of each town in which such district is in part situated. The town clerk is then required to assess the amount of the judgment, with interest thereon, in a separate column, in the next assessment roll, and the lax, when collected, shall be paid to the party entitled thereto. FREE HIGH SCHOOLS. Section 493. The officers, if elected, are to bear the same names and are elected for the same terms as like officersjn school districts. In cities independent of the county superin- tendent, the board of education, and in single districts, the district board, becomes the free high school board, without action on the part of the people at the time of the adoption of the system. The duties of the several officers and of the boards are similar to those of district officers and boards. The clerk is to report directly to the county superintendent, but in cities independent of that officer, the report must be made by the city superintend- ent or by the board of education, and incorporated in the report of other matters to the state superintendent. Section 496 provides for a financial report to be made in du- plicate for each free high school directly to the state superintendent. Section 494a. This section provides for the establishment of a new and peculiar department in connection with a free high school. Its purpose is to offer opportunities for persons who, owing to circumstances, cannot take the regular high school work to improve themselves along educational lines. It will be noted that the teacher having charge of this school must possess high and satisfactory qualifications. Graduates of country schools who can only give a part of the winter to school work will find this a popular, helpful and valuable department. Section 495. If the amount to be raised is legally apportioned to the town, the clerk thereof must include it in the tax roll, notwithstanding directions from the town board and the electors at the town meeting to the contrary. "The refusal of one town or any number of towns (at least any number less than the whole), in a joint free high school dis- trict, to levy and collect taxes on the taxable property in any such town to pay its due proportion of the expenses of maintaining the school when such proportion has been lawfully ascertained cannot disorganize or dissolve the joint district or relieve the clerk of any such defaulting town of the duty of inserting the proper sum in the tax roll of his town." State v. Lamont, 8 6 Wis., 5 63. * 393 School Law Comments. Section 495a. This law was passed for the purpose of authorizing the electors of the town, assem- bled at some special or annual town meeting, to vote a tax for the purpose of providing funds for the erection and equipment of a town high school building and for pur- chasing a site. This law does not give the electors the power' to select or designate the location of the free high school site. Section 431a provides a most excellent plan for holding annual school meetings in village, and city high school districts. Study this section. The plan has so far worked well in the places where it has been adopted. Section 496fc. This section increases the nonresident fee for attendance upon free high schools from fifty cents a week to one dollar a week; said tuition to be paid by the town or village in which said pupil resides. In levying a tax to pay this tuition, attention must be given to the boundaries of the free high school district. Any lands or prop- erty lying within a free high school district cannot lawfully be taxed for the purpose of providing for the tuition of nonresident pupils. i i Section 496o. The law permits persons (a) of school age (b) not residing in a high school dis- trict, (c) possessed of proper evidence of having completed a common school course of study, to attend any free high school in Wisconsin, where (d) facilities for instruc- tion are sufficient, and (e) subject to the rules and regulations of such, school and makes their tuition not to exceed one dollar a week, chargeable to the town, city or village in which they reside. Under "(c)" above the following points are to be noted: 1. The course of study to be completed must be prescribed by the state superin- tendent, and it is left to him to determine what shall constitute a completion hereof. The course prescribed by him is found in the manual for common schools. 2. Except in city superintendent districts, all public schools except free high schools, are under the supervision of some county superintendent, and all diplomas issued by such schools must receive his. sanction in order to be received as evidence that the common school course of study has been completed. He may insist upon examination in all cases, or, as in the case of a system of graded schools under the supervision of a high school principal, he may accept the certificates of the principal without examination. 3. It follows, therefore, that whereas the principal, acting under direction of the board has heretofore had the power to determine the qualifications for admission, the power to do so now rests solely with the county superintendent. It would seem that in all cases where a pupil has been in attendance upon a free high school and has completed the work of any year of said high school, the records may be taken by the county superintendent as sufficient evidence of the qualifications of the pupil to continue high school work, and of his right, if he so desires, to have his tuition made a charge upon the town or village in which he resides. It would also seem that in cases where nonresident pupils complete the work in the Sth or 9th grade in any district having a free high school, the record of such department may be accepted by the county superintendent as evidence of the fitness of such pupil to enter the high school with other pupils of the same class and grade, who are residents of the free high school district. 4. In order that charges for tuition may be collected by a free high school board from the town in which any nonresident student resides, the secretary must, before the first day of July in each year, file a sworn statement with the clerk, giving resi- dence, name, age, date of entrance and number of months' attendance at school of each person so admitted from his town, city or village, together with the amount of tuition charged, such charge not to exceed one dollar per week. 5. This statement must be accompanied by a diploma, or copy of diploma, or cer- tificate from one who has signed the diploma, or a certificate from the county super- intendent. As above shown, this diploma, if from a public school under the super- vision of the county superintendent, must have been issued by the county superin- tendent, or have received his sanction in order that it may be received as evidence that the common school course of study has been completed. When a certificate or diploma as above described, or a certified copy of either, has once been filed with the clerk, the law will doubtless be satisfied thereafter if other copies are not filed with him with the bill for tuition. UNION FREE HIGH SCHOOLS Sections 495 — 1 to 495 — 20. The union free high school law provides an opportunity more elastic than that offered by the town free high school for the purpose of forming large high school dis- 394 School Law Comments. tricts. This law applies to any town no matter whether it contains 36 sections or more. It also applies to cases where it is desired to unite two or more towns in their entirety. Furthermore, it permits the electors residing on territory, parts of two or more towns, etc., to establish a large free high school district without reference to town lines. The plan of organization and the plan of conducting the school affairs are more popular than are the plans of formation and organization of town free high school districts. Indeed, since this law has been understood, it has taken the place of the town free high school law in practically every instance where enlarged high school districts have been formed. Parties contemplating the organization of a town free high school or a union free high school district should carefully consider which plan is best adapted to existing conditions. It is a good plan to have a number of the electors of the district get to- gether for the purpose of studying the laws and determining the method of procedure before any steps are taken under the statute towards the formation of the district. It must be understood that the special aid coming to the district and the general laws governing admission of students, both nonresident and local, qualifications of the teacher, inspection of high school inspector, etc., apply to union and town free high schools alike. It is also the privilege of electors of a union free high school to authorize the union free high school board to unite with the board of an ordinary school district in the erection of a building suitable for housing both high school and district school children. The annual union free high school district meeting is held on the third Monday in March, and the fact that a village may form part of the union free high school dis- trict does not deprive the electors of both village and surrounding towns from meet- ing in common for the purpose of considering all matters pertaining to the govern- ment and welfare of the union free high school district. It is more democratic in its government than is the town free high school. Section 49 6c?. Under this chapter teachers who hold second grade certificates and who have had at least two years' successful experience may be legally engaged as principals of state graded schools of the second class. A teacher who holds a first grade certificate must have had at least one year's successful experience. The word "year" now means at least eight months. The testimonial of successful experience must be certified to by the county superintendent of the county in which the school to be taught is located, and a copy filed with the clerk of the district subject to examination by the state graded school inspector. Section 49 6e. It is intended that these special state aids granted to state graded schools shall encourage the electors and school officers of such district to engage thoroughly efficient teachers and to make adequate and liberal provision for better schoolrooms, better and properly lighted and seated and better equipped with good blackboards, maps, etc., etc. Ample playground should also be provided. A playground is now recog- nized as a necessary adjunct to an up-to-date school plant. Ample provision should fee made for heating and ventilation, and the outbuildings should be properly erected, screened and maintained. It is not the intention of these special aids to simply reduce the school burden that might otherwise fall upon the taxpayers. The prime motive is betterment of school conditions and better school advantages and conveniences for teachers and school. A district having a school of but one department, with a large attendance may, under this law, find it decidedly advantageous to organize an additional department, properly grade the school, and by so doing become entitled to special aid from the state, to the amount of $200 or $300 per annum, as the case may be. Applications for place upon the graded school list should be made before the first day of September, in any year. The following directions and suggestions are given for the considera- tion of school boards of districts interested in securing special aid under this chapter. 1, Write to the state superintendent for a special application blank. 2. When the blank is received, call a meeting of the school board in accordance with law, make a motion to apply for state aid, record this motioa and the vote upon it as a part of the minutes of the meeting, then fill out the application which must be signed by at least a majority of the members of the board, and return it to the state superintendent. If it is proposed to organize an additional department to your school for the com- ing year, you should plan to recommend the levying of a tax sufficient to meet such charges as may be necessary, to the electors at your annual school district meeting to be held the first Monday in July. Provision must also be made for nine months of school during the year. The application for the state aid, properly signed, must be in the hands of the state superintendent before September 1 of any year. In the employment of teachers, the board must see that each teacher holds an un- expired certificate of a grade demanded for the department of which each teacher is= to take charge. 395 School Law Comments. APPEALS. Section 497. Directions Respecting Appeals. Direction 1. An appeal to the state superintendent must be in writing and signed by the appellant or appellants, but no particular form of statement is necessary. All that the state superintendent requires is a plain statement of the facts in the case. These may be written by anyone on legal cap paper. It is not necessary that they shall be typewritten. Direction 2. The appeal should set forth the action or proceedings taken or had by the parties from whose decision the appeal is taken. The appeal should also give the reason or reasons why the action should be set aside. When the statements are finished there must be an affidavit to the effect that they are correct. A copy of the appeal must also be served upon the parties from whose action the appeal is taken. This party will generally admit service of the copy. This admission of service should be written upon the original appeal papers. If the party refuses to admit service an affidavit to the effect that a copy has been served must appear upon the original. Direction 3. If the appeal is based upon the refusal of the supervisors, trustees, etc., to act, it is taken to the committee on common schools. (a) When the appeal relates to the creation of a school district or the alteration of school district boundaries. (b) To the state superintendent in all other cases. Direction 4. If the boards cf supervisors, etc., have taken proceedings and have granted a hearing to the parties interested in the matter and have changed the bound- aries of school districts or formed a new school district, or have refused to change the boundaries or to form the district, the appeal is placed before the committee on com- mon schools in writing as referred to in Direction 2. In such case no oral hearing is granted by the committee on common schools. Direction 5. Anyone feeling himself aggrieved by the decision of the committee on common schools is privileged to take an appeal to the state superintendent. This appeal must be written following the direction in No. 2. If taken from the action of the committee on common schools after the supervisors have taken action, all the papers relating to the matter and filed with the committee must be filed with the state superintendent as a part of the appeal. Direction 6. An answer to the appeal may be made by the party upon whom the appeal is served, or, if said party does not desire to answer, he is privileged to turn the papers over to some interested party or parties and they are privileged to make answer. Direction 7. This answer should be filed within 15 days after service of the ap- peal and a copy must be served upon the appellant. The answer must also be accom- panied by an affidavit to the effect that the statements made therein are correct. Evi- dence of admission of service must also be placed on the answer. Direction 8. In cases where district boundaries are affected a sketch map drawn upon a scale of one or two inches to the mile should be made a part of the appeal. This sketch map should show the boundaries of the district before any proceedings were had. The changes, if any, made by the action of the supervisors or the commit- tee on common schools, as the case may be, should be indicated. If the supervisors, etc., refuse to make any change, the changes desired by the appellants should be marked. Direction 9. The assessed valuation of each district interested should be given, approximately at least. Also the value of the territory which it is desired shall be attached or detached. The sketch map should show the location of the highways, schoolhouses, bridges, rivers, marshes, etc., and also the homes, as nearly as prac- ticable, of the residents immediately interested by the changes of territory. The number of persons of school age resident in each district should be given and the number of children in the families living on the disputed territory. Direction 10. The following form of affidavit is suggested: ■ — ■ ■ being duly sworn deposes and says that the statements made in the above appeal (or answer) all and several are true according to the best of his knowledge and belief and further that the accompanying map, list of children, valua- tion of property, etc., are correct.* , Appellant. Subscribed and sworn to before me this day of , 19 — . Notary Public. *In other matters than formation or alteration of districts, the latter part of the affidavit after the word "belief," may be omitted, or any needed change may be made. When several persons unite in making an appeal, the affidavits may be so changed as to admit the names of all the appellants, and each should sign the appeal and sub- scribe to each and every affidavit. When the action appealed from is the action of 396 School Law Comments. 3. A complete and correct copy of the appeal and affidavit, and all accompanying papers should be made, to which another affidavit should be attached, stating that they are correct copies of the papers in the case. The form of the affidavit may be as follows: A. B., being duly sworn, deposes and says that the above is a full and correct copy of an appeal, and all accompanying papers, designed to be sent to the state superin- tendent. (Signed) 1 1 • , J.J C. D., Subscribed and sworn to before me this day of Justice of the Peace (or Notary Public). This affidavit should be made upon the copy only — not upon the original appeal that is to be sent to the state superintendent. The copy should then be served upon the party from whose action the appeal is taken, either by handing it to him, or leav- ing it at his residence. If the appeal is from the action of the supervisors, the chair- man of the board is a suitable party upon whom to serve the copy; if from the pro- ceedings of a district meeting, upon the clerk or chairman of the meeting. It should not be served, however, upon an individual who did not sustain the action appealed from as in that case no answer is likely to be made. The person serving the copy of appeal should carry with him the original appeal, so that the party from whose action the appeal is taken may, if willing, admit service of a true copy, by the following form indorsed upon the original appeal: I, E. P., do hereby admit service of the above (or within) appeal. (Signed) . ■ — . In case no such admission of service be made, the appellant will append to his appeal an affidavit of the following form: A. B., being duly sworn, deposes and says that upon the day of , 19 — , he did serve a true and verified copy of this appeal, and all accompanying papers, upon E. P., by handing the same to said E. P. (or by leaving it at his residence as the case may be). (Signed) -. Subscribed and sworn to before me this day of , 19 — . C. D., Justice of the Peace (or Notary Public). 4. An appeal should be taken within thirty days from the performance of the act appealed from, or within thirty days after the action complained of has come to the knowledge of the appellant. i The Answer. 1. The appellee has fifteen days in which to prepare his answer, and all the directions above given in reference to the preparation and service of a copy of the ap- peal papers, should be complied with in preparing and serving the answer upon the appellant, before it is forwarded to the state superintendent. The forms of affidavit given above will answer in all cases for forms to be used by the appellee, by changing the words so that the affidavit shall refer to an "answer to an appeal," instead of to an appeal, and by signing it as appellee instead of appellant. 2. The answer to an appeal may be served upon any one of a number of appellants. When the town board of supervisors is a party, and papers have been served upon the chairman, if he is in favor of the party appealing, one of the other supervisors should make answer. 3. In case of neglect of the proper appellees to answer an appeal, any person hav- ing an interest in the matter may make answer to it, being governed in all cases by the same rules as would govern appellee. Replication or Rejoinder. A replication or rejoinder will be allowed, upon proof that new facts have come to the knowledge of the party wishing the rejoinder since the appeal or answer was submitted to the state superintendent, or that there are material errors in the state- ment of the other party. several persons, it is sufficient to serve a copy of the appeal upon any one of the num- ber, but it should always be served upon one not agreeing with the appellant's, that an answer may be made. When all the above directions are complied with, the original papers are ready to be forwarded to the state superintendent. 397 School Law Comments. General Remarks. If the appellant or appellee presents statements of other parties, these statements should be verified by the affidavit of the person making the same. All decisions on appeal must be filed or recorded as the state .superintendent shall direct. No decision can be rendered on ex parte statements. No papers will be considered that are not properly verified, and properly served on opposing parties. The propriety of leaving out of appeals all matters of a purely personal character, except as they may have a direct bearing upon the subject, is obvious. As appeals are usually decided upon written and not upon oral evidence, it is not necessary or proper for either party to appear in person, expecting to be heard in the case, without the presence of the other party. Particular care should be taken to follow the directions in regard to affidavits, serving copy, etc., so that it may not be necessary to send papers back for correction. Not only must every paper presented in a case, by either party, be verified by af- fidavit, and a copy be served on the other side, but in making the copy, care must be taken to copy every affidavit as well as the statement which it verifies. If this is not done, the party upon whom such copy is served has no evidence that the original was sworn to. If the appeal is not taken or the answer or rejoinder made within the prescribed time, the reasons for the delay must be given. Appeals by Teachers. Any person refused a certificate by the county superintendent of schools may make appeal to the state superintendent, according to section 452. using the following form: To A. B., County Superintendent of Schools for County: Sir: You are hereby notified that I intend to appeal from your refusal to grant me a certificate, and I hereby ask you for your reasons for such a refusal, that I may pre- sent the same to the state superintendent with my appeal. Respectfully yours, . The refusal is ordinarily for alleged want of learning. In this case the appellant will usually appear before the state superintendent for reexamination. He should not come, however, without previous notice; but after notice to the county superin- tendent, as above, and on obtaining the statement of reasons for refusal, he should forward the same to the state superintendent, notifying him of his desire for a re- examination, that a time may be fixed which may be convenient to both parties. If the appellant and county superintendent mutually agree that the appeal shall be decided on the papers on which a certificate was refused, a reexamination may not be necessary. If the refusal is for alleged want of ability to teach, or for alleged immorality, the appeal will be decided on the evidence submitted in writing by the parties. The papers should be made out and verified, and copies served, as provided under the Rules for Appeals. In case a teacher's certificate is annulled, he also has a right of appeal. For this purpose the following form may be used: To A. B., County Superintendent of Schools for County: Sir: You are hereby notified that I intend to appeal from your action in annulling my certificate, and I hereby ask for your reasons for such action, that I may present the same to the state superintendent, with my appeal. Respectfully yours, . The directions given above, in regard to an appeal from a refusal to grant a cer- tificate are to be followed, as far as applicable, in an appeal from the action of a super- intendent in annulling a certificate. Section 553m — 1 to Section 553m — 25, inclusive. This statute demands study on the part of the school officers and electors. The Question of whether or not a county shall adopt a uniform system of textbooks for the schools must be decided by the members of the school district board when assem- bled at the regular county school board convention. If this question is presented to the county school board convention it should be presented in the form of a resolution and the resolution should be read and discussed before the vote is taken. Each district is entitled to one vote by its representative who may be present at the convention, no matter whether this representative is district clerk or some other officer. The vote must be taken by ballot. The ballot should have written or printed thereon "For County Uniformity of Textbooks," "Against County Uniformity of Textbooks." If a majority of the districts in the county or superintendent district vote in favor of county uni- formity of textbooks, the members must immediately proceed to the election of a 398 School Law Comments. county board of education, to be composed of five persons, unless there should not be five properly qualified persons in the county. The board may then be composed of three persons. Each of the members of the board of education must have had at least five years of experience in teaching or in the supervision of public schools. (Eight months of teaching may for the present be construed as equivalent to one year's teach- ing.) The term of office of the members of the board of education is five years. Va- cancies are to be filled regularly by the school board conventions and may be filled temporarily by the county board of education. It is the duty of the county board of education to select the textbooks for use in the schools. All cities and districts malu- taining a free high school and all state graded schools of the first class are exempt from the operation of this statute. It applies, however, to the one-room common schools and to the state graded schools of the second class. Districts in which the free textbook system has been adopted are not required to adopt the textbooks adopted by the board of education until some change is made in the textbooks adopted for use in that particular district. Whenever any textbook furnished free is changed, however, a corresponding book of the uniform series must take its place. The state graded schools of the first class and the grades below the high schools are privileged to adopt the uniform series provided by the board of education and are also to secure the books for the same rates that are paid by the one-department schools. When textbooks are once introduced they must not be changed within five years- from the date of the adop- tion. Additional and supplementary textbooks may be selected by the district boards of the different districts, but the supplementary books must not be used to the ex- clusion of the books adopted by the board of education. Suitable and convenient de- positories are to be provided for the purpose of furnishing the books. The persons having charge of the sale of uniform adopted textbooks are to be governed strictly by the provisions of the act. It must be remembered that the only schools coming within the scope of this law are the one-department country schools, and the two-department state graded schools. See also Sections 553m — 101 to 553m — 108 known as the uniform price text- book law. TEXTBOOKS. Section 553m — 101 to Section 553m — 108, inclusive. These sections demand the attention of every school officer and board of educa- tion. This is especially true in all cases where the plan of furnishing free textbooks has been adopted. A pamphlet giving the names of publishers with price list of text- books will be sent out by the state superintendent on or before the first day of June to be distributed to each school district in the state. The purpose of this statute is to regulate the sale of textbooks, prevent discrimination in prices and enable schoo". officers to secure textbooks for the schools at the lowest rate. The textbook law will be found printed in the textbook pamphlet and it is the purpose of the office of the state superintendent to keep all school officers regularly informed with reference to textbook prices. Sections 560 to 5 6 On. These sections relate to the $50 special aid given to one room rural schools of the first class and the special apportionment made to the teacher under certain conditions. Some 5,5 00 country schools have already taken advantage of the $50 law. Others should follow. The teaching as required under section 56 0g — 1, included among the sections named above, must be continuous or in consecutive years. If a person taught for one school year ending June 30. last in a district and another teacher was contracted with for the fall term or the whole of the succeeding year, but quits after teaching the fall term or part of the year and the former teacher is rehired, said former teacher .is not entitled to consideration under this statute. The continuous service of such teacher must be computed from the date on which she began teaching after being re- hired. The number of months of school provided for by the electors or the board of the district contitutes a school year for that special district. This aid cannot be paid to a teacher who is not energetic, progressive, businesslike, well-qualified aca- demically, and a good disciplinarian, — in other words, "efficient," and neat in her work. The county superintendent must make the reports. 399 SUGGESTIVE FORMS FOR THE USE OF TOWN AND SCHOOL OFFICERS. No. 1 Form of order organizing a new school district, to be filed with the town clerk. It is hereby ordered and determined that [here describe the territory to be com- prised in the district, by sections and parts of sections] shall hereafter constitute a school district, to be known as school district No. — , of the town of . Given under our hands, this day of , 19 — . (Signed) A B , C D , E F , Supervisors of the town of Note. — For form of order organizing joint district, see No. 6. If created from an old district (or districts), give the district number and description of territory taken therefrom. No. 2. Form of notice for the first meeting of a school district, to be delivered by the town supervisors to a taxable inhabitant of the district. Having, on the day of , 19 — , formed a- new school district, to be known as school district No. — , of the town of , [or joint school district No. — , of towns of and , in case it be a joint district] comprising the following territory: [Here insert the description of the district, as in form No. 1], you are hereby directed to notify every qualified voter (man or woman) of said district to at- tend the first meeting thereof, which is hereby appointed to be held at the house of , in said district, on the day of , 19 — , at — o'clock in the noon, by reading this notice in the hearing of each such voter, or in case of absence from his place of residence, by leaving thereat a written notice of the time and place of such meeting, at least five days before the time appointed for such meet- ing, and thereof to make due return. (See form No. 4.) Dated at , this day of , 19 — . (Signed) A B , C D , E F , Supervisors of the town of . Note. — If it is a joint district, the notice must be signed by the supervisors of each town in which any part of the district lies and women as well as men must be notified. No. 3. Form of notice for first meeting, to be left at the residence of a voter when absent. To A. A.: By direction of the supervisors of the town of , you are hereby notified that the first meeting of school district No. — , of , recently formed, will be held at the house of , in said district, on the day of , 19 — , at — ■ o'clock in the noon. Your attendance is requested. (Signed) G H , (Person appointed to give notice.) No. 4. Form of return to be endorsed upon notice received from town supervisors, on the formation of a school district. I hereby certify that I have notified the following named persons [here give the names in full], personally, and the following named persons [here insert names] by copy, according to the directions of the within notice. Dated this dav of , 19 — . (Signed) G H , (Person appointed to give notice.) 400 Suggestive Forms for Use of Town and School Officers. No. 5. Form of notice for a meeting of a school district to be delivered by the town super- visors, to a taxable inhabitant, in case there is no officer to call a meeting. To A. B., a taxable inhabitant of school district No. — , of : You are hereby directed to notify every qualified voter of school district, No. — , of , to attend a meeting thereof, which is hereby appointed to be held at the house of , in said district on the day of , 19 — , at o'clock in the noon, by reading this notice in the hearing of such voter, or in case of absence from his place of residence, by leaving thereat a written notice of the time and place of such meeting, at least five days before the time appointed for such meeting. The following is a description of said district: [here describe the district as in form No. 1.] (Signed) • A B , C D , E F , Supervisors of the town of . Note. — If it is a joint district, the notice must be signed by the supervisors of each town in which any part of the district lies. No. 6. Form of order organizing a joint school district. It is hereby ordered and determined that [here describe the territory by sections and parts of sections] shall hereafter constitute a school district, to be known as joint school district No. , of the towns of [here insert the names of all the towns in which any portion of the district is situated]. Given under our hands, this day of ,19 — . (Signed) A B , C D , E F , Supervisors of the town of . G H , I J , K L , Supervisors of the town of . Note. — The above order must be signed by at least two supervisors from each town affected by it, and a copy must be filed with the town clerk of each town. If created from an old district or districts, give number of old district and a description of ter- ritory taken. No. 7. Form of acceptance of office by district officers elected at. the first meeting after the formation of a district, to be filed with the clerk of the meeting. I hereby signify my acceptance of the office of , of school district No. — , in the town of , to which I have been elected. Dated this day of , 19 — . (Signed) G H . No. 8. Form of notice to be given to the district clerks, treasurers, and directors when altera- tion of the boundaries of districts is contemplated or new districts formed. k To C. D., Clerk of school district No. — , of town of You will take notice that we shall be present at [here mention the place], on the day of , 19 — , at — o'clock in the noon, to hear and decide upon certain proposed alterations of the boundaries of your school district. Dated this dav of , 19 — . (Signed) A B , C D , E F , Supervisors of the town of . Note. — In case of a joint district, the above notice must be signed by a majority of the supervisors of each town, a part of which is embraced in the district or districts to be affected by the proposed alteration. Return must be filed in the office of town clerk of each town by person serving the notice. 401 Suggestive Forms for Use of Town and School Officers. No. 9. Form of "return" to be indorsed upon notice of final meeting -of supervisors to alter district boundaries or to create a new school district. To , clerk of the town of , county, Wis.: I hereby certify that on the day of , 19 — , I 'served upon , known to me to be clerk [director or treasurer] of the school board of school district No. — , county of , personally [or by copy left at place of residence], a copy of the within notice. (Signed) , (Person serving notice). Note. — If the district is joint — the towns (village or city) should be named in the return. A copy of the notice must be made part of the return. The town clerk or any one designated at the preliminary meeting can serve this notice — or several per- sons may, for convenience, perform this duty. The return should be filed in the of- fice of the clerk of each town (or village or city) in case joint districts are involved. The notice must be served at least five full days previous to the second meeting. No. 10. Form of application for alteration of the joint school district, under provision of Chapter 218, Laws of 1903, Section 419a, of this school code. To A B : Chairman of the Town of , County of . We, the undersigned, members of the town board of supervisors of the town of -, county of , do herewith make application to have [here describe the ter- ritory which it is desired shall be taken from one district and made part of another] detached from school district No. - — ■ [joint] of the town [or towns] of , county, Wisconsin; and in order that a hearing may be had as to the advisability of the transfer of territory you are requested to fix a time for the joint meeting of the boards of supervisors [or board of trustees or common council] of the towns of and ; said meeting to be held not less than ten nor more than twenty days after this application is placed in your hands. Note.- — If the chairman, etc., attempts to call the meeting he must not only notify the supervisors as described above but he must notify the clerks of the different dis- tricts, as provided for in section 418 of the statutes, and a "return" that the clerks have been so- notified must be filed' in the office of the clerk of each town by the person serving the notice. It is advisable that the person serving the notices upon the clerks shall serve notices upon the treasurer and director, making suitable "return." If the chairman neglects or refuses to call the meeting an appeal may be taken to the com- mittee on common schools. Chairmen sometimes do refuse and cause an appeal to be taken in order to avoid* expense incurred by meeting. No. 11. Form of order for altering the boundaries of a school district. It is hereby ordered and determined that the [here describe the territory by sec- tions and parts of sections] now part of school district No. — , of the town of , be and hereby is taken from said school district, and attached to and made a part o: school district No. — , of said town for all purposes whatsoever. This order will take effect on the day of , 19 — . Given under our hands the day of 19 — . (Signed) A B , C D , E F , Supervisor of the town of . Note. — The above order must be filed with the town clerk and the district clerk; and in case of a joint district the order must be signed by a majority of the supervisors of each town, a part of which is embraced in the district and filed with the town clerk of each town, and the district clerk of each district affected by the alteration. No. 12. Form of order of town supervisors awarding proportion of value of property to new district. To the district clerk of school district No. — , of the town of : Having formed a new school district, No. — , of the town of — -, in part [or whollv] from the territory of your district, we have ascertained and determined the 402 Suggestive Forms for Use of Town and School Officers. proportion of value of the schoolhouse and other property, justly due to such new school district from your district, retaining such schoolhouse and other property to he dollars. You are therefore to raise and collect by tax, upon the taxable property of your district, the said sum of dollars, and when collected pay the same to the treasurer of said new district. Given under our hands this day of , 19 — . (Signed) A B— , C D , E F , Supervisors of the town of . Note. — In the case of a joint district, the above notice must be signed by a majority of the supervisors of each town embraced, in part, in the district. No. 13. Form of notice for annual district meeting. Notice is hereby given to the qualified electors of school district No. — , of the town of , that the annual meeting of said district for the election of officers and the transaction of other business, will be held at , on the first Monday, being the day of July, at 7 o'clock in the afternoon [unless some other hour was deter- mined upon by the district at the previous annual meeting}. Dated this day of ,19 — . (Signed) C D , District Clerk. Note. — A copy of the above notice must be affixed to the outer door of the school- house, if there be one in the district, and must be posted up in at least three other public places, at least six days before the time appointed for the meeting. No. 14. Form of notice for an adjourned district meeting, when such meeting has been ad- journed for a longer period than one month. Notice is hereby given, that a meeting of the qualified electors of school district No. — , in the town of , will be held at , in said district, on the — day of — , 19 — , at — o'clock in noon, pursuant to adjournment of the annual [or special] meeting held [here give the date]. Dated this day of ■ , 19 — . (Signed) C D , District Clerk. Note. — The foregoing must be posted the same as for the annual meeting. No. 15. Form of request for clerk to call a special district meeting. To A. B., clerk of school district No. - — - of the town of : Sir: — You are hereby requested to call a special meeting of the above district on the day of , 19 — , at — - o'clock in the noon, for the pur- pose of [here state the business to be transacted]. (Signed) A B , C D , E F , G H , I J . Note. — The above notice must be signed by at least five legal voters and no matter if 40 things are to be voted on each item must be specified in the request. Better eight or ten names than just five. No. 16. Form of notice for special district meeting. Notice is hereby given to the qualified electors of school district No. — . in the town of , that a special meeting of said district will be held at . on the day of , 19 — , at o'clock in the noon, for the following objects: [Here particularly specify each item of business to be acted upon.] (Signed) C D , District Clerk. Note. — The above must be posted as for an annual meeting, and in case it is in- tended to raise a tax, or vote a loan, three-fourths of the legal voters, men and women, must be personally notified of the meeting, or a copy of the above notice must be left at their places of residence, at least six days before the time appointed for the meet- ing. The person serving the notice must make due return of persons served and manner of service. (See form 4.) 403 Suggestive Forms for Use of Town and School Officers. No. 17. Form of notice for special school meeting for the purpose of authorizing the district board to borrow money from the trust funds of the state, and to vote the taxes required by law to be voted, in order to obtain such loan. Notice is hereby given to the qualified voters of school district No? — , town of , that a special school meeting of said district will be held at , in said district on the day of • ■ — , 19 — , at — o'clock P. M., for the purpose of voting on the following propositions, viz.: 1st. To authorize the school board to make application for a loan of dollars from the state trust funds, payable in years, with interest at the rate of per cent per annum payable annually in advance, for the purpose of build- ing a schoolhouse. 2d. To raise by tax a sum sufficient to pay the principal and interest of such loan as it becomes due. (Signed) , Dated . District Clerk. Before calling this meeting three or four of the persons directly interested should meet, read what is said under the head of "Borrowing Money" in this code and agree upon the amount to be borrowed and other business to be transacted and see that the request is made accordingly. "Return" of service of notice must be made. (See form 4.) No. 18. Form of notice to be given by the clerk of a school district meeting to the officers elect who were not present at the meeting. To : You are hereby notified that at a meeting of school district No. — , in the town of , held on the day of , 19 — , you were duly elected of said district. Dated this day of , 19 — . (Signed) C D , Clerk of said meeting. Note. — This notice is required to be given within five days after the meeting, and only to those persons elected to office who were not present at the time. No. 19. Form of refusal to accept district office, to be filed with the clerk of the district. To the clerk of school district No. — •, in the town of : You are hereby notified of my refusal to accept the office of , to which I was elected at the meeting of said district, held on the ■ — - day of , 19 — . (Signed) G— ■ H . Note. — This notice of refusal must be filed within ten days after the election, or the person will be deemed to have accepted the office, and be liable for nonperform- ance of duty. . No. 20. Form of an appointment to fill a vacancy in the district board when ten days have not elapsed. To A. B.: The office of [clerk, director, or treasurer] of school district No. — , of the town of , having become vacant, you are hereby appointed to fill such vacancy until the next annual meeting in said district. Dated this day of , 19 — . (Signed) G H , E- Director. F , Treasurer. [Or other members of the board as the case may be.] Note.— It requires two members of the board to make an appointment. If they neglect for ten days to fill the vacancy, it* must be done by the town clerk, after the following form; in either case the appointment must be filed with the district clerk. No. 21. Form, when the town clerk appoints. To A. B.: The office of [clerk, director or treasurer] of school district No. — , of the town f , having become vacant, and the district board of said district having failed 404 ' ■ Suggestive Forms for Use of Town and School Officers. to fill the same within ten days you are hereby appointed to fill such vacancy until the next annual meeting of said district. (Signed) C D , Town Clerk. Note. — In case a vacancy in a joint district is to be filled by the town clerk, the appointment is to be made by the clerk of the town (village or city) containing the schoolhouse. (See sec. 433.) No. 22. Form of refusal to accept a district office by appointment. To the district board of school district No. — [or the town clerk as the case may be], of the town of : You are hereby notified of my refusal to accept the office of of school district No. - — •, of said town, to which I was appointed by you on the day of , 19 — . Dated this day of , 19 — . (Signed) G H . Note. — The notice of refusal must be filed with the clerk or director within five days after the appointment, or the person shall be deemed to have accepted the office, and be liable to a fine for nonperformance of duty. No. 23. Form of notice that may be sent by two members of the board to the third member calling a board meeting. To A. B. , of district No. — , town of : Dear Sir: — You are hereby notified that a meeting of the board of this district will be held at at o'clock of the noon [day of the week, month, date] 19 — . Dated , 19 — . (Signed) C D , [office]. (Signed) C D , [office]. Note. — This notice must be served at least 24 hours before the hour fixed upon for the meeting. It will be a good plan to include in the notice one or two of the principal items of business to be transacted. Any business that may come up can however be transacted, specification is not necessary. No. 24 (Deed). Form of deed of a schoolhouse site. Know all men by these presents, that I, A. B. [and C. B., his wife, if married], of the town of , in the county of , in state of Wisconsin, party of the first part, for and in consideration of the sum of dollars to them in hand paid by the district board of school district No. - — , of the town of , county of , and state aforesaid, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to the said school district, party of the second part and their assigns, the following described piece of land, namely: [Here insert descrip- tion of land], together with all the privileges and appurtenances thereunto belong- ing: To have and to hold the same to the party of the second part and their assigns forever; and the said party of the first part for themselves, their heirs, executors and administrators, covenant, bargain, and agree, to and with the said party of the second part and their assigns, that at the time of the sealing and delivery of these presents, they are well seized of th'e premises above conveyed, as of good, sure, perfect, abso- lute, and indefeasible estate of an inheritance in the law in fee simple and that the said lands and premises are free from all incumbrances whatsoever, and that the above bargained premises in the quiet and peaceable possession of the third party of the second part and their assigns, against all and every person or persons lawfully claiming, or to claim, the whole or any part thereof, the said party of the first part will forever warrant and defend. In witness whereof, the said A. B. and C. D., his wife, party of the first part, have hereunto set their hands and seals, this — dav of , A. D. 19 — . A ■ B , [Seal.] Signed, sealed and delivered C D , [Seal.] in the presence of E F , G H . Note. — Such deed should be duly acknowledged before a notary public, justice of the peace, or other officer authorized by law to take such acknowledgment, and recorded in the office of the register of deeds for the county. 405 Suggestive Forms for Use of Town and School Officers. Form of lease. Know all men by these presents, that A. B., of the town of , in the county of in the state of Wisconsin, of the first part, for the consideration herein men- tioned, does hereby lease unto "school district No. — , of the town of ," county of , in the state aforesaid, party of the second part, and their assigns, the fol- lowing described parcel of land: LHere insert description of land'.] Together with all the privileges and appurtenances thereunto belonging: To have and to hold the same for and during the term of years, from the day of , A. D. 19 — ; and the said party of the second part for themselves and their assigns, do cove- nant and agree to pay to said party of the first part, for said premises, the annual rent of dollars. In testimony whereof, the said parties hereunto set their hands and seals, this day of , 19 — . A B — , (Seal) Lessor. C D , E F G^ ■ H District board of school district No. of the town of No. 25. Form of contract between district and teacher. It is hereby agreed between school district No. — , of the town of , and L. M., a qualified teacher of the county of [or superintendent district No. — , of the county of , as the case may be] that the said L. M. is to teach the common school of said district for the term of [here insert the time], for the sum of per month, commencing on the day of — , 19 — , it being understood and mutually agreed that days shall constitute a month; and for such services properly rendered, the said district is to pay to the said L. M., in monthly (or weekly) installments, the amount that may be due according to this contract, on or before the day of , 19 — . Dated this day of , 19 — . A B — ■ — ■ — -, Director, C D , Treasurer, E F , Clerk, L M , Teacher. If the teacher holds a limited certificate, for a single town or district, the contract may read: "a qualified teacher of said town," or "said district." In case the teacher is employed in a graded school, the particular department for which he is engaged may be specified, and the contract may read: " dollars per week," if hired by the week. By section 459 it will be seen that 20 days constitute a teacher's month, unless otherwise specified in the contract. When the teacher is hired at so much a month it is best always to specify in the contract how many days of teaching shall be considered a month. All legal holidays occurring while school is in session, count as school days for both teacher and district, if they come on a day when school would otherwise be taught, but as the law now provides Saturdays are not to be counted. If a legal holiday occurs on Sunday, the succeeding Monday is a legal holiday. If the teacher is expected to build the fire, or cleanse or otherwise care for the schoolhouse, it should be so stated in the contract. If not specially provided for, the district board must provide for janitor service. If the teacher expects the wages to be paid in monthly installments, or in partial payments of any kind, that should be clearly stated in the contract. The contract must be signed by at least two members of the board, and cannot lawfully be made, until a meeting of the board has been held. A copy of the certifi- cate held by the teacher should be attached to the contract. See section 438. No. 20. Form of bond of district treasurer to be filed with the district clerk. Know all men by these presents, that we, E. F., treasurer of school district No. — , of the town of , and L. M., his surety, are held and firmly bound unto said school district in the sum of [here insert the sum of double the amount to come*inco the treasurer's hands, as near as can be ascertained] to be paid to the said school dis- trict, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our hands and dated this day of , A. D. 19 — . The condition of the above obligation is such that if the said E. F., treasurer as aforesaid, shall faithfully discharge the duties of his office as treasurer of said school 406 Suggestive Forms for Use of Town and School Officers. district, and shall well and truly pay over to the person or persons entitled thereto, upon the proper order therefor, all sums of money which shall come into his hands as treasurer of said district, and shall, at the expiration of his term of office, pay over to his successor in office all moneys remaining in his hands as treasurer aforesaid, and shall deliver to his successor all books and papers appertaining to his said office, then this obligation shall be void, otherwise of full force and virtue. E- P , (Seal.) L M , (Seal.) Signed, sealed and delivered in presence of R S , G H . Form of approval to be endorsed on the bond of treasurer. We approve of the within bond and surety. (Signed) G H , Director, C D , Clerk. If a treasurer does not file his bond in due time, the office becomes vacant. (See section 962 printed under section 433.) No. 27. Form of notice to treasurer to furnish additional security. To A. B., treasurer of district school No. — : Sir: — Deeming the security upon your bond insufficient to protect the district against loss, we hereby require you to furnish a new bond in the sum of $ , with sureties to be approved by us, within ten days of the date hereof. (Signed) C D , Director, E F , Clerk. Refusal to comply with this notice vacates the office. (See section" 962, under sec- tion 433.) No. 28. Form of order on treasurer for moneys to be disbursed by school district. To A. B.. treasurer of school district No. - — , in the town of : Please pay to the sum of — dollars for [here specify the object for which the money is to be paid], out of any money in your hands, not appropriated, belonging to the [here name the fund on which the order was drawn], of said district. Dated this day of ■ , 19 — . (Signed) C D , District Clerk, G H , Director. No. 29. Form of notice to town treasurer of apportionment of school moneys by the town clerk. Treasurer of the town of : You are hereby notified that I have apportioned the school moneys now in your hands, to the different districts of the town, as follows: To district No. 1 $ To district No. 6 $ do 2 do 7 do 4 do 2 do 5 do . . . Dated this day of , 19 — . q (Signed) Town Clerk. Note. — Immediately upon the receipt of the certificate of the town treasurer, of the amount in his hands (See form No. 3 0, the clerk shall proceed to apportion it among the several districts of the town from which reports have been received according to law, and thereupon he must notify the treasurer as above, that he may pay the moneys to the treasurers of the districts entitled thereto. Care must be taken that no appor- tionment is made to a delinquent district. No. 30. Form of certificate of town treasurer of moneys in his hands subject to apportionment. To the town clerk of the town of I hereby certify that there is now in my hands the sum of $ , school moneys, subject to apportionment to the school districts entitled thereto. Dated this day of , 19 — . (Signed) A — Town Treasurer. 407 Suggestive Forms fob Use of Town and School Officers. No. 81. Form of determination of relative proportion of taxes to be assessed upon the different parts of a joint district, situated in two or more towns. Upon the application of A B , C D , and E ■ F , taxpayers in joint school district No. — , in the towns of and , we have made the necessary inquiry and examination, and do hereby determine that for every dollar of district tax to be hereafter levied upon that portion of the district, the sum of cents shall be assessed upon that portion of the district lying in the town of , and cents upon that part lying in the town of . Dated this day of , 19- — . (Signed) G H , J K , L — M , Assessors of N pr— O P R S T Assessors of No. 32. Form of statement of the amount of taxes voted to be raised in a school district, to be delivered by the district clerk to the town clerk. To R S , Town Clerk of the town of . The amount of taxes voted to be raised in school district No. — , of the town of at the last annual meeting of said district, held on the — day of July, 19 — , is [write the amount in words] dollars; which amount you are requested to assess upon the taxable property therein. Dated this day of , 19 — . (Signed) C D , Clerk of School District No. — of the town of . State of Wisconsin, County of , ss. C D , being duly sworn, on oath says that he is clerk of school dis- trict No. — ■, of the town of •, and the above statement by him made of the amount of taxes voted to be raised by said school district therein is true. (Signed) C D . Subscribed and sworn to before me this day of , 19 — . (Signed) J P , Justice of the Peace (or any officer qualified to administer an oath). Note. — If a district has been lately organized and a tax was voted at the first meet- ing, as well as at the annual meeting, that should be stated; also any tax voted at a special meeting, held between the time of the annual meeting and the thii'd Monday of November following. No. 33. Form of statement of the amount of taxes voted to be raised in a joint district, to be delivered to the clerk of each town in which any part of the district is situated. To R S , town clerk of the town of : The amount of taxes voted to be raised in joint school district No. — , of the towns of and , at the last annual meeting of said district, held on the day of July, 19 — , is [write the amount in words] dollars; and the proportion of that amount to be raised in that part of said district which lies in the town of , is [write the amount in words] dollars, which you are requested to assess upon the taxable property therein. (Signed) C D , Clerk of Joint School District No. — Of the- towns of and . Note. — Attach affidavit of the district clerk similar to the one given in form No. 32. No. 34. Form of application to board of supervisors to establish a schoolhouse site. To the board of supervisors of the town of At a regular meeting of school district No. — , it was decided by a vote of a ma- jority of the electors present, to apply to your honorable board to establish a school- house site for said district. The district has selected [here describe the location and area of the site selected], but is unable *" obtain the same, for the reason that the 408 Suggestive Forms for Use of Town and School Officers. owner of the land selected will neither lease nor sell the same to the said district [or that the owner is a nonresident]. (Signed) A B , District Clerk. No. 35. Form of certificate of district clerk that the notice for the meeting of the supervisors to establish a schoolhouse site has been given. To the board of supervisors of the town of : I hereby certify that on the day of , I served the following notice upon the owner and occupant of the land therein described: [Here insert the notice in form 36.] Dated this day of , 19 — . (Signed) A B , District Clerk. Note. — In case there is no account of the land selected for a site, and the owner is unknown or resides out of the state, the notice must be published in the nearest newspaper, for six weeks previous to the meeting of the board of supervisors, and the above certificate must state the facts of such publication, instead of personal service. No. 36. Form of notice for meeting of supervisors to decide upon an application to locate and establish a schoolhouse site. The undersigned will be present at , on the days of , at o'clock in the noon, to decide upon the application of school district No. — , for the location and establishment of a schoolhouse site for said district upon- [here describe the lands and area upon which it is proposed to establish a site]. Given under our hands, this ■ ■ day of , 19 — . A- B , C D , E— F , Supervisors of the town of . Note. — In case the application is made by a joint district, the supervisors of all the towns in which any part of the district is situated must sign the above notice and be present at the meeting to establish the site. No. 37. Form of certificate of action of town board of supervisors in locating and establishing schoolhouse site. We hereby certify that on the day of , A. D. 19 — , we located and established a schoolhouse site for school district No — , comprising the following de- scribed territory [here describe the lands taken for a site according to the survey of the same], and award the sum of dollars in full as compensation to the owner [if there are two or more owners of the lands taken, specify the amount awarded to each], of the lands thus taken for said schoolhouse site. Dated this day of , 19 — . (Signed) A B , C D . E F- . Supervisors of the town of Note. — The certificate of the action of town boards of supervisors in locating and establishing an addition to a schoolhouse site will be the same as above, except that in the second line, after the word "established," the word "a" will be omitted, and the words "an addition to the" will be inserted; and the last two lines will be made to read "taken for said addition to said schoolhouse site." Duplicates of the above certificates must be made out, and one of them must be delivered to the owner or occupant of the land taken, and the other to the district clerk of the district, who must have the same recorded in the office of the register of deeds of the county in which the site is situated. No. 38. Form of certificate of the sheriff of a vacancy in the office of county superintendent of schools. To , State Superintendent: Sir: — I hereby certify that a vacancy in the office of county superintendent of schools for county, Wisconsin, occurred on the day of . 19 — , by [here state the cause of the vacancy, whether by death, resignation, removal from the county, or the removal from office of the incumbent]. Given under my hand and seal of office, this day of , 19 — . (Signed) A B -, Sheriff of County, Wisconsin. 409 Suggestive Forms fob Use of Town and School Officers. No. 39. Form of statement of number of children of school age in a county, made by county superintendent for county treasurer, and county clerk. To A- B- , treasurer [or clerk] of the county of : Sir: — The following is the number of children over the age of four and under the age of twenty years, in those districts of the several towns in this county [or super- intendent district as the case may be] which have maintained school for eight or more months the past school year, as returned to me by the town clerks: Town. Number of Children. Town. Number of Children. A . D B E C F Dated this (Signed) day of -, 19- G- H- County Superintendent of Schools for County. Note. — The above statement must be filed with the county treasurer and county clerk on or before the fifteenth day of August in each year. To A- No. 40. Form of annulment of teacher's certificate and notice to town clerk. B : Sir: — The certificate of qualification held by you as a common school-teacher in the county [or superintendent district or town] of , issued on or about the day of , 19 — , is hereby annulled. Dated this day of , 19 — . (Signed) C ■ D , County Superintendent of Schools for County. Note. — The above annulment will not take effect until the following notice has been filed with the town clerk of the town in which the teacher whose certificate is an- nulled is engaged in teaching. To the town clerk of the town of : Sir: — You are hereby notified that on the day of annulled the certificate of qualification held by A — - B— A. D. 19- B- a teacher of your - does not possess town, for the reason that in my opinion, the said A the requisite qualifications as a teacher in respect to [moral character, learning or ability to teach, as the case may be]. Dated this day of , 19 — . (Signed) C D , County Superintendent of Schools for the County of . FREE HIGH SCHOOLS. No. 41. Form of resolution proposing establishment of a town free high school. In order that the question of establishing and maintaining a high school in the town of may be submitted to the electors thereof for determination, the fol- lowing resolution is hereby proposed for adoption: Resolved, by the town board of the town of lished and maintained in said town. The town clerk is directed to give notice that said resolution will be submitted to a vote at the annual meeting (or general election) to be held in said town on the day of , 19 — , (or at a special meeting or election to be held on the '- day of , 19 — , which the town clerk is hereby required to call upon due notice). Dated this day of — , 19 — . That a high school be estab- ( Signatures of Board.) 410 Suggestive Forms for Use of Town and School Officers. No. 42. Form of notice that foregoing resolution will be submitted to vote. Notice is hereby given to the electors of the town of , in the county of that at a special election which is hereby called (or at the annual meeting or general election) to be held in said town on the day of . 19 — , the fol- lowing resolution will be submitted to the vote of said electors: Resolved, etc. [as in the foregoing]; and that at said election members of the high school board will be chosen, to take their offices if said resolution be adopted, the clerk for one year, the treasurer for two years, and the director for three years; their respective terms of office beginning with the annual town meeting. Dated this day of — — — , 19 — . (Signed) , Town Clerk. Note. — The above forms may be used with the proper changes, in the case of incor- porated villages, or graded school districts, the call and notice to be signed by the village or district clerk. In case the call is for special school district meeting, it must be signed by at least five legal voters of the district, and the notice given at least six days before the time appointed. No. 43. Form of certificate to be forwarded to the state superintendent to secure participation in apportionment to free high schools. This certifies that on the day of , 19 — , the legal voters of the town of [or towns of , where two or more towns unite, or of school district No. — , town of , where vote is by a. school district, or city, or village] adopted a resolution to establish and maintain a free high school in said town [or towns, or school district], and the persons whose names are hereto appended have been duly elected to the office appended to their names, respectively. We further certify that no [or one or more] graded school exists in said of . The course of study adopted by said high school board for said high school is herewith submitted for the approval of the state superintendent, and the names and examination papers of , pupils prepared to enter said high school, who are residents of said town [or towns, or school district] of , are herewith forwarded for inspection. The ex- amination of these pupils was held on the day of , 19 — , and was con- ducted by . Dated at , this day of , 19 — . , Director. , Clerk, . — , Treasurer. Note. — Persons holding teachers' certificates, or common school diplomas, or who have completed eighth grade work in a graded school, or who have successfully done high school work for one semester may be counted without examination if under 20 years of age. No. 44. Notice to parent or guardian to send child to school under the provisions of the com- pulsory attendance law. State of Wisconsin, County of , ss. The State of Wisconsin to You are hereby and herewith commanded to cause to be sent and to send regularly to some public, parochial or private school (Names of children) of whom you have the legal control within five days from the day of personal service of this notice, or if this notice is sent or served by registered mail, within five days from the day that it was deposited in the post office addressed to you, the child [or children] named above being between the ages of seven and fourteen years [or be- tween the ages of fourteen and sixteen years and not regularly or lawfully employed as provided in chapter 523, laws of 1907]. And upon your failure to comply with this notice, you will be dealt with according to law. Given under my hand at this day of , 19 — . Sheriff, Deputy Sheriff, or Truant Officer of County, Wisconsin. 411 GENERAL INDEX. [References are to Sections.] Academies — cadets of, inspection, 411a, 411c. report of finances, etc., to superintendent of public instruction, 411. Alteration of school district boundaries and creation of school districts. (See Sections 412 to 424.) See also ''Comments" on these sections. Appeal! From decision of committee on common schools, 704 sub. 9-10. From county superintendent for annulment of teacher's certificate, 453. From action of supervisors in district boun- dary questions, 704 sub. 9-10. To state superintendent for annulment of state certificate, 458c. To state superintendent from decision of committee on common schools, 704 sub. 9-10. See also rules and regulations as given in comments for section 497. Apportionment of school funds — how made, 1072b, 554 to 559. Apportionment of taxes — additional amount to cover appropriations, 1071, 1072. cities, common council, duty, 925 — 142a. consolidated rural schools, 496 — 11. county school board, two or more counties, 553f. free high school districts, 492. joint county training schools, cost of equip- ment and maintenance, 411 — 8. joint school districts, 471. method of, 1070. school districts with transportation of pu- pils, 496t. state and county, apportioned in cities, 925—143. Board of Education — apportionment of school fund income, loss, 554a. authority, 925 — 116. books and equipment for educational lec- tures, purchase, 515b, 515d. census, duty in relation to, 439cb. city maintaining graded school of twelve grades, tuition charged by, 496 j — 1. 4 Board of Education (continued) — city superintendent of schools ineligible to membership, 926 — 117. constitution, 925 — 113. contract for building, duty as to, 925 — 118a. contract for instruction and tuition fees, nonresident pupils, 435o. evening and vacation schools, gymnasiums, may create, 43 5e. federal flag, purchase and display, 436a. free high school boards to supervise de- partments of industrial education, 496b. free high school district, special meeting called by, 493c. free high school, powers and duties, 492a. high school buildings and sites, cities un- der special charter, 926 — 104m. high schools, regulation of commercial course, 496c — 3. insurance of school property, 441a. joint high school, submission to vote by, 491c. lectures, educational, appropriation, 515b, 515d. lectures, educational, authority, 515a. lectures, educational, free admission, 515c. library may be established by, 931. meetings, monthly and special, 925 — 117. meetings, proceedings of, cities and villages, publication, 925 — 46m. number, 925 — 113 n. offices for, duty of board of public works, 925—118. physical education provided for, cities, 553a. powers in cities, school government, 515. president and vice president, duties of, 925—114. report of moneys retained for teachers' re- tirement fund, 460 — 9. school buildings unsanitary, complaint by, 517. school districts, seven members, when per- mitted, powers and duties, 493a. school for the deaf and dumb, report, 578. school money, deposit and investment, 553b. secretary not member, cities, first class, 925—115. state loans by, provisions governing, 258 to 258h. teacher, attendance at, wages not deducted, 459. teachers' salary, payment to teachers with special licenses, 458 j. teachers' salary, portion retained for teach- ers' retirement fund, 460 — 8.* term, 925—113, 925— 113n, 926— 117p. General Index. [References are to Sections.] Board of Education (continued) — textbooks chosen by, period, nonsectarian, 440a, 440b. truant officers, appointment by, 439b. truant officers, salaries fixed by, 439cd. vacancy, 925 — 113n, 926 — 117p. women may be members, requirements, 513. to indus- by, by, City superintendent of .schools — annual report, 465. attendance and truancy report trial commission, 439ce. board of education, authority as to, 925 — 116. compensation, 926 — 115. convention expenses paid, 926 — 117m. duties, 926 — 115. election, 925 — 115, 926 — 115. examination of, when elected from high school principals, 454. free sample books, duty, 486m. manual training, duty as to, 496c. member, library board, 932. member, local board of industrial educa- tion, 553p — 3. removal of, 926 — 11 C. reports of blind and deaf children, 461g. school board, ineligibility to membership, 926—117. school buildings unsanitary, complaint by, 517. school libraries, duties relative to, 486a. special teachers' certificates issued 450—4, 458p. teachers' examination and licensing duties, 458o. textbooks not to be sold by, 501. truancy, ascertainment of, reports, 439cc, 439ce. truancy, neglect, penalty, 439cf. Civic centers — books and equipment for educational lec- tures, purchase, 515b. common schools, may be used as, 43 5e. educational lectures, 515a, 515c, 515d. entertainments, use of schools for, 435. school buildings and other property used for, 435d. Claims against school districts — consolidated rural schools, 496 — 3. judgments against district, collection, 488. judgments against district, effect of ap- peal, 489. judgments against disti-ict, issue of execu- tion, 487. order of board for money borrowed, 474a. reissue of indebtedness, referendum, 476a. m schoolhouse, indebtedness for, 476a. state loans to school districts, provisions governing, 261, 262, 263, 264. union free high school, special board meet- ings, restrictions and powers, 495 — 12. uses of money borrowed, revocation of au- thority. 476. Committee on common schools — elected by county board of supervisors, 704 subdiv. 2. expenses, how paid, 704, subdiv. 8. 413 Committee on common schools (continued) — term three years, 70 4, subdiv. 2. to appoint supervising teachers, 698, subdiv. 10. to hear appeals, 704, subdiv. 9. to keep records, 704, subdiv. 7. to make district map, 704, subdiv. 12. to make reports to county board, 70 4, subdiv. 13. vacancies how filled, 704, subdiv. 3. salaries of members, 704 subdiv. 8. Common schools, taxation for — amount of taxes determined, 107 4. apportionment of tax to municipalities, 1076. , cities, outside territory attached, taxable, 925— 119m. - city school tax fixed by common council, 925—119. district schools, provision for water-closets, 435a. loan, interest on and principal, school dis- trict, 476a. omitted property, taxation, 1075. payment for value of school property of subdivided school district, 421. school districts may vote, tax for schools, 430. schoolhouse, indebtedness for, 476a. special assessment, cities, third and fourth class, 926 — 145. valuation and assessment of taxes, 470. Consolidation of school districts — aid for transportation, 496e subdiv. 7. appeal may be taken if supervisors refuse to act 419d. first meeting consolidated district, how no- ticed, 413. parents may transport if agreement is made, 419f. petition for consolidation and meetings of supervisors, 419b. report to be made to secure aid for transpor- tation, 419g. rural schools consolidation of, 496 — 1 to 496—12. state aid for erection of buildings, 496 — 6 subdiv. 1—5. supervisors to consolidate districts, 419c. what state aid may be secured, 419e. Continuation schools — see also the folloiving titles: Industrial education. Trade schools. books and equipment for educational lec- tures, purchase, 515b. educational lectures, appropriation, 515d. educational lectures, free admission, 515c. lectures in schools, educational subjects, 515a to 515d. County board of education — contracts, signature of, minutes, 553m — 9. expenses, 553m — 25. jurisdiction, construction, 553m — 24. meetings, 553m — 7, 553m — 10. oaths of members, 553m — 6. General Index. [References are 'County board of education (.continued) — officers, quorum, meetings, 553m — 7. rules, 553m — 8. term of office, 553m — 3. textbooks, additional and supplementary, ', 553m— 17. three members, when permitted, 553m — 2. uniform textbooks, adoption, 553m— 11, 553m— 19. uniform textbooks, bids, samples, 553m — 20. uniform textbooks, bond of contractor, I 553m— 21. uniform textbooks, change, 553m — 13. uniform textbooks, depositories, bond, 553m— 22. uniform textbooks, in joint school districts, jurisdiction, 553m — 23. uniform textbooks, regulations 553m — -11 to 553m — 24. uniform textbooks, selection, 553m — 16. uniform textbooks, where used, 553m — 12, 553m— 15. vacancy, filling, 553m — 4. 'County superintendent of schools — account of teachers' county institute, ap- propriation, 461q. annual convention of, 166. annual report to county clerk, 461e. application for special aid, rural schools, 560j, 560k. appointment, entry on duties, 699. attendance and truancy report to indus- trial commission, 439ce. attendance at convention of county superin- tendents, expenses, 461a. charges against teacher, hearing, procedure, 453. diploma of common schools, 496L. diploma of free high school countersigned to be teacher's certificate, 452a. districts, 703. duties, 461. , duties relative to school libraries, 486a. -election, term, salary, etc., 698. eligibility, 461cc, 702a. ■examination of, for certificate, 461L. examination papers for teachers' certifi- cates, preservation, 450b. free sample books, duty, 486m. library books, exchanges and loans ar- ranged by, 486 — 1. member of county school board, 553d. member of county training school board, 411—2. member of joint county training school board, 411 — 7. minutes of county board of education, 553m — 9. office, 461c. payment for service in teachers' institutes, 461n. removal by judge of circuit court, proceed- ings, 975. report of blind and deaf childi'en, 461g. report of number of teachers, 461p. report, penalty for neglect, 499. report relative to transportation of pupils, 496q. to Sections.] County superintendent of schools (continued) sale of schoolbooks, supplies and equipment prohibited, penalty, 501. school buildings unsanitary, complaint by, 517. school report to state superintendent, etc., 464. special third grade certificate, when issued by, 450—4. standards of attainment for teachers' cer- tificates, fixed by, 451. standings obtained in state normal schools may be accepted for teachers' certificate, 452b. state printing, undistributed, inventory, 20.87. teachers' examinations furnished by, to state superintendent, 452. town clerks' school reports to, 463. truancy, ascertainment of, reports, 439cc. truancy, neglect, penalty, 439cf. uniform textbooks, lists, samples, 553m — 20. vacancy, 699, 967. women may be, requirements, 513. County training; schools — accredited list, how made up, state aid, re- ports by, 411 — 5. admission of nonresidents of county, 411 — 10. appropriation, 172 — 59. appropriations, regulations concerning, 411—9. board for, powers and organization, 411 — 2. certificates granted on completion of course, limitations, examinations, standings in lieu of, 411 — 6. duties of state superintendent of public in- struction, relative to, 411 — 4. establishment, 411 — 1. expenditures of money, regulations, 411 — 3, 411—9. joint county training school board, constitu- tion, 411 — 7. joint schools, apportionment of cost of equipment, maintenance, etc., 411—8. joint schools, buildings, loans and tax for, 411 — 7. physical education provided for, 553a. principal and teachers, qualifications, 411 — 6a. treasurer of board, bond, duty, 411 — 9. tuition fees, amount of for nonresidents, . taxation for, 411 — 11. District free high schools — board of, composition, duties, report, 492a, 493. establishment of joint district, 491. establishment, requirements, 490. nonresidents, admission, tuition, 185o, 496j, 496k. state aid, requirements, limit of, 496. taxation, exempt if partly in town district free high school, when, 490g. validation of establishment, 490t. District schools — additional room, additional teacher, 430f. county superintendent's duty to visit, 461. free textbooks, vote, 430b. 414 General Index. District schools (continued) — ■ library books, rebinding, 486k. nonresident attendance, tuition fees, 43 5o. powers of school district meeting and board regarding, 430. sites and buildings, tax for, 430. studies taught in, 447. suspension of, power of electors to vote, 430—1. District superintendent of schools — account of teachers' county institute appro- priation, 461q. application for special aid, rural schools, 560j. appointment, entry on duties, 699. diploma of common schools, 496L. duties relative to school libraries, 486a. free sample books, duty, 486m. library books, exchanges and loans arranged by, 486—1. payment for service in teachers' institutes, 461n. report of number of teachers, 461p. school buildings unsanitary, complaint by, 517. truancy, ascertainment of, reports, 4S9cc. vacancy in office, 699. Disturhaiiee of meetings — penalty, 4597. Free high schools — annual district meeting, 493c. appropriation for teachers' training course, 172 — 108, sub. 2, boards of district, powers and duties, 492a. curriculum for, examination of teachers, regulation of, 496a. diploma filed for admission to, 496L. districts, officers of, 492. industrial education in, 496b. maintenance, taxation for, 495. manual training, domestic science, agricul- ture for, 496c. manual training, etc., state aid for, 496c. manual training, joint maintenance of. 496c— 1. nonresidents, admission, tuition. 496j, 496k. schoolhouse, purchase, 493c. special district meeting, 493c. state aid, requirements for, limit of, 496. teachers, examination of, 496a. teachers' training course in, 496b, 496c. Health in schools — county industrial school, inspection, 697 — 22. spitting prohibited, 1418m. water-closets shall be provided for, 435a. High schools — see also Free high schools. appropriation, maintaining short course In agriculture or domestic science, 496c — 4. board of, constitution, duties, report, 493. board of education, authority to establish, 925—116. commercial courses, state aid for, 496c — 3. [References are to Sections.] High schools (continued) — discontinuance of one of two schools in dis- trict, referendum, 490b. dissolution of district, 490a. establishment by villages, towns, cities, districts, 490. inspection of buildings, repair, condemnation, 517. joint districts may establish, referendum, 491. principal, contract for employment of 515m. school districts, free to residents, qualifica- tions of teachers in, 494. short course in agriculture or domestic sci- ence, state aid for, 49 6c — 4. teachers' training courses, appropriation, 172— 10 S, sub. 2. validation of establishment, 490t. winter term in, 49 4a. Holidays — arbor and bird day, governor may set apart day as, 137b. arbor and bird day, literature for, in maga- zine form, 20.27. arbor and bird day, state superintendent of public instruction to prepare and distrib- ute material for, 166. labor day, governor may set apart day as, 137b. memorial day, literature for, magazine form, 20.27 school month includes, holidays permitted, 459. vacations of employes, time of, 169c. Home economies — see the following titles: County schools of agriculture and domes- tic science. Curriculum for schools. Industrial education — see also the following titles: Continuation schools. Trade schools. appropriation to state board, 172 — 49. assistants to state superintendent, 553p — 2. city, town, village taxation for, 553p — 4. cooperation between Stout institute and other institutions, 553p — 13. courses of study, approval, 553p — 5. free high schools to maintain departments for, 496b. local boards of, establishment, powers, du- ties. 553p — 3. schools, admission requirements, 553p — 7. state aid, procedure to obtain, 553p — 6. state board are trustees of Stout institute, powers, 553p — 10. state board of, appointment, etc. 553p — 1. Stout institute, purposes, 553p — 12. tuition fees for nonresidents, 553p — 8. Judgments against school districts — appeal, effect, 489. collection, 488. issue of execution, 487. 415 General Index. [References are to Sections.] Kindergartens — cities, third and fourth classes, establish- ment, 430d. graduates of kindergarten training schools receive state certificates, 458q. provisions for, district schools, 447. qualificati6ns of teacher, 45 8 1. school districts, submission to vote, 430c. teachers' unlimited state certificates, ex- amination for, 458r. Pupils — exposed to communicable diseases, kept from school, 1408b. expulsion, school districts, 439. industrial schools, requirements for admis- sion, 553p — 7. report of number by school district clerk, 462. school census officers to ascertain number of children of school age, 439e. Pupils, nonresident — admission to county training schools, 411 — 10. attendance in schools and tuition fees, 435o. graded schools, attendance at, tuition, 496j— 1. schools for the deaf and dumb, transporta- tion of, 578, tuition for, school district taxes, 430 — 3. Pupils, transportation of — apportionment of taxes, districts having, 496t. appropriation, 496s. arrangements for transportation with par- ents and guardians, requirements, 419f. consideration at school meetings, notice, 496r. consolidated rural schools, 496 — 9, 496 — 10, 496—12. consolidated school districts, state aid, 419e. electors may authorize arrangements for, taxation for, state aid for, 430 — 4. school buildings unsanitary, transportation to other school, 517. school district electors may order, 430 — 2. school district taxes for, 430 — 3. schools for the deaf and dumb, appropria- tion, 578. state aid for, requirements, amount, 496q. state appropriation, 419h. state graded school, aid for, 496e. state school for the deaf, 575. time limit of contract, 430 — 7. Itural schools — apportionment of special state aid, 560L. consolidation, 496 — 1 to 4^96 — 12. consolidation, appropriation, 172 — 112. first class, defined, 560g. inspection of buildings, repair, condemnation, 517. nonresident pupils, attendance and tuition fees, 43 5o. second class, defined, 560f. special state and county aid to, 560h. state superintendent fixes standard, 560i. state superintendent of public instruction to inspect, 167a. 410 School attendance compulsory, children 14 to 16, 439a — 1. compulsory on reservations when free schools maintained, 439f to 439i. compulsory, provisions' regarding, 439a. free high schools, requirements for state aid, 496. nonresidents of school districts, 43 5o. record to be kept by teachers, truant officers may inspect, 439cb. truant officers, powers, 439ca. School boards — see the following titles: Board of education. County board of education. School bonds — consolidated rural schools, 496 — 4. S ch ool book s— see School textbooks, 440, 440a, 553m — 1, 553m— 101. School building's — see Schoolhouses. School contracts — bond of contractor for uniform county text- books, 553m — 21. School discipline — school district board may expel pupils, 439. School district board — advice of county superintendent to, 461. authorization to erect town free high school, 496p — 1. bonded indebtedness statement made by, 1017. books and equipment for educational lec- tures, purchase, 515b. borrowing of money by, other powers voted at school district meeting, 430. clerk, duties, 446. clerk, suspension of school, etc., notice of consideration, 430 — 6. composition of, meetings, 432. consolidation of districts, notification of meeting, 419c. contract for instruction and tuition fees, non- resident pupils, 43 5o. convention of boards of county, 553m — 1. county conventions of, expenses, 461. director, duties, 442. duties, purchase of site and schoolhouse, etc., 434. establishment of joint district high school, referendum mandatory, 491c. evening and vacation schools, gymnasiums, may create, 435e. federal flag, purchase and display, 436a. free high school, manual training, domestic science, agriculture in, 496c. high school principal, contract for employ- ment of, 515m. high school principal, power to employ when, 515m. increase to seven members, notice of, 493b. General Index. [References are to Sections.] School district board (continued) — insurance of school property by, note for premium, 441a. laws governing' apply to city and village boards and schools, 515. lectures, educational subject, authority, 515a. library books, rebinding, 486k. money borrowed in advance of taxes, 47 4. new record of district boundaries, procedure, 417a. nonresident pupils, charge for attending ninth and tenth grades, 496h — 1. notice of consideration of transportation of pupil's, meetings, 496r. numbering of school districts, change prohib- ited, 412a. orders for payment of teachers, when not drawn, 446a. orders of, for money borrowed, 474a. physical education provided for, 553a. power of electors of district to vote suspen- sion of schools, tuition, pupils trans- ferred, 430—1. reduction of membership to three, 430n. report of moneys retained for teachers' re- tirement fund, 460 — 9. report to district meeting, 425. salary payment to teachers with special li- censes, 458j. school buildings and other property grant- ing use for civic, social and recreational purposes, 43 5d. school buildings and property in charge of, 435. school equipment and supplies, purchase, 436. school management controlled by, 439. school sites, obtaining of, 477. seven members, increase to, when permitted, 493a. studies of schools determined by, 447. teachers employed by, contract, qualifications, 438. teachers' salary, retention of portion for teachers' retirement fund, 460 — 8. teachers visited and advised by, 441. textbooks changed within three years, pen- alty, 440b. textbooks chosen by, period, 440. treasurer, bond of, who may not be, 443. treasurer, duties, 444. treasurer to sue town treasurer, failure to pay moneys .of district, 445. union free high school, notice of annual meeting, 495 — 11. union free high school report, audit, 495 — 10. union free high school, special meetings, powers and restrictions, 49 5 — 12. union free high school, taxation for ex- penses, 495 — 16. union free high school, voting at meetings, 495—13. vacancies in, 495 — 15. vacancies in office, filling, 433. vacancy owing to absence of member, 433a. water-closets shall be provided, 435a. women may be members, requirements, 513. 417 School district bonds — erection of schoolhouses, validity and force, 475. free high school district meeting for, 493c. uses of money raised by, revocation, 476. School district libraries — agricultural institute bulletins sent to, 486c. joint districts, moneys for, etc., 486a. joint libraries, powers, 486. librarian, clerk of district to be, 485. librarian, records, 486b. moneys for, purchase and delivery of books to, reports, exemption, 486a. supplementary textbooks, by % of School districts — additional and 553m— 17. additional and supplementary textbooks, re- strictions, 553m — 18. alteration and formation of new districts, re- strictions, 412. alteration, formation of new, method of, 413. alteration of boundaries, notice of, time when made, 419. alteration of joint districts, petition for town board, 419b (1903 c. 218, s. 2). alteration of, town board gives notice hearing, regulations governing, 418. annual meetings, powers' 430. annual meetings, time of, report to, 425. appeal from decision of board, 497. appeal from judgment against district, effect, 489. apportionment of property, formation of new districts, 420. apportionment of school fund income, loss, 554a. apportionment of school fund income, re- quirements to receive, 558. apportionment of taxes, transportation of pupils, 496t. auditing committee, appointment, duties, 430e. board increased to seven members, notice, 493b. board of education, authority as to, 025 — 116. board of seven members, when permitted, 493a. census officers to ascertain number of chil- dren of school age, 439e. change from district system, election for, 925 —113. change to uniform textbooks, when inopera- tive, 553m — 14. cities with outside territory attached, 92o — 119m. clerk's neglect to report, forfeit, 498. clerk's statement of taxes, 472. clerk to be librarian, 485. clerk to' make reports, contents, fees for, 462. clerk to prepare annual report and assist town clerk, 462a. consolidated, report of transportation and tuition of pupils, warrant for, 419g\ consolidation, denial of petition, appeal to state superintendent of public instruction, 419d. consolidation of, notice of meeting, order of consolidation, 419c. General Index. [References are to Sections.] School districts (continued) — consolidation, petition for, 419b (1911 c. 649). consolidation, ti - ansportation of pupils, state aid, 419e. construction, special state aid, 560n. description of, map of town, kept by town clerk, 467. dissolution, distribution of property, 424. dissolution, union free high schools, 495— r20. electors authorize board to erect town free high school building ,496p — 1. electors in, who are, 428. electors may order transportation of pupils, 430—2. electors of, powers, 495 — 14. electors of union free high schools authorize board to erect building, 496p — 2. failure to draw money of school fund income apportionment, 559. forfeiture of apportionment, failure to pro- vide additional facilities, 430f. formation on abolishing of township system, 516. free high school districts, meetings, 493c. high school district, dissolution, 490a. indigent school children tuition, payment, 512. Jnjury to property, 4492. issue of execution, judgment against school districts, 487. joint districts, alteration of boundaries, pro- ceedings to, 419a. joint districts, condemnation proceedings, school sites, 483. joint districts of town and villages or cities, dissolution and formation, 422. joint districts, procedure of formation, when a district becomes a joint one, 415. joint high school districts, establishment, re- quirements, referendum, 491. joint libraries, establishment of, powers, 486. joint maintenance of manual training, 496c— 1. joint, under county board of education, juris- diction, 553m — 23. - judgments against, collection of, 488. jurisdiction of county board of education, 553m — 24. lease of land for school site, infant owner, 484. librarian, appointment, clerk as, 486b. libraries for, state superintendent to publish rules and information regarding, 166. libraries of, state superintendent to advise in selection of books for, 166. library books, interchange, 486 — 1. library books, rebinding, 486k. location and establishment of school sites, procedure, compensation, 479. meeting, notice of, 426. membership of board, reduction, 430n. money borrowed for schoolhouse, 475. name and powers, is a body corporate, 417. neglect to keep school, attachment to other districts, 423. new districts, first meeting, 413. new districts, first meeting, notice given by town board, 414. new districts, receive proportionate share of value of school property, 421. nonresident attendance and tuition fees, 435o. 418 .School districts I continued) — nonresident pupils, chaj-ge for attending, ninth and tenth grades, 496h — 1. numbering, change prohibited, 412a. officers may be women, • requirements, 513. officers, neglect of duty, penalties, 500. officers of, compose school board, meetings, 432. officers, qualifications, term, other provisions, 431. officers, removal and suspension, 507. officers, unauthorized orders on treasurer, penalty, 502. organization, 416. payment of expenses of board at conventions in county, 461. personal property, location for assessment, 1040. power of electors to vote suspension of dis- trict schools, tuition, 430 — 1. property taxable, 925 — 119m. receipt of apportionment of school fund in- come apportionment, 557. receipt of corrected apportionment, school fund income, 556. return to school district system, cities, fourth class, 925 — 113a. schoolhouses and other public property, use of for civic, social and recreational pur- poses, conditions, 435d. special aid to rural schools, application,. 560j. special assessment for, cities third and fourth class, 926 — 145. special meetings, provisions governing, 427. state loans to, provisions governing, 258a to 258h, 261 to 264. suspension of schools, notice of considera- tion, 430 — 6. taxation in joint districts, 471. time limit of contracts, transportation of pu- pils, etc., 430 — 7. township system, authority to issue bonds,. 553—2. township system, validity of bonds, 553 — 1. transportation of pupils, state aid, 419h. treasurer, deposit of money with, for pay- ment for school sites, 480. uniform textbooks in county, 553m — 12. union free high school, annual meeting, elec- tion of officers, 495 — 9. union free high school, officers, 495 — 8. village or city of fourth class in district, elec- tion of officers, 431a. vote to borrow money, purposes, 474a. voting at meeting, challenges, oath, 429. women may vote on school matter, ballot boxes, 428a. School district taxes — assessment of, by town clerk, 473. assessment of judgment and interest, 489. assessment of taxes, joint districts, 471. clerk's statement of taxes, 472. free high school districts, 492, 493c. free high school maintenance, 495. insufficient amount, additional levy, 437. limitation of amount, 430a. meetings for vote of tax, provisions govern- ing, 427. General Index. [References are to Sections.] School district taxes (continued). payment of judgments, 488. property assessable for, 469. repayment of state loans, 258d, 258e, 263. tuition and transportation of pupils, 430 — 3. union free high school, deficiency in taxes raised, 495 — 16. union free high schools, special board meet- ings, restrictions, 495 — 12. valuation and assessment of property, 470. School election ballots, separate, if charter so provides, 10.41. board of education, 926— 117o, 926— 117p. establishment of trade schools, in cities, pe- tition for, 926 — 30. free high school district officers, etc., 492. referendum, new free high school building, 496p. referendum, union free high schools, 495 — 2, 495—5. referendum, union free high schools, two or more towns, 495 — 3. referendum, union free high schools, village in district, 495 — 4. rural schools, consolidation, 496 — 1. school district containing village or city of fourth class, officers, 431a. school district, voting and challenges, 429. union free high school officers, 495 — 9. union free high school, referendum, returns, 495—6. School funds — see also Apportionment of school funds. apportionment to consolidated rural schools, 496—11. cities under special charter, use of, for trade schools, 926 — 29. city treasurer to keep separate, 925 — 119. consolidated rural schools, share of, 496 — 5. high schools, state aid for maintaining com- mercial course, 496c — 3. income of, to be apportioned by state super- intendent, 166. investment of, list of securities for, 258. School fund Income — apportionment, 554. apportionment, certificate and notice, state su- perintendent, 555. apportionment, disposition of money not paid to school districts, 559. apportionment, loss of right to, 554a. apportionment to school districts, 558. appropriation to, mill tax, sources of, 1072a. correction of apportionment, 556. receipts from used by school districts exclu- sively for salary of teachers, 437. revenues constituting, 246. teachers' salaries only to be paid from, 446a. Schoolhouses — cities, first class, use of for public meetings, power of council-as to, 925 — 52. city bonds for, 926 — 11. cleaning, disinfecting, 1408c. consolidated rural school, 496 — 3, 496 — 6, 496—7. Schoolhouses (continued) county superintendent's duty to examine and condemn, 461. disturbance of, penalty, 4572. electors may authorize borrowing money for, 474b. free high school district meeting may pro- vide for purchase and maintenance, 493c. health lectures and exercises in, 435d. high school buildings and sites, cities under special charter, 926 — 104m. indebtedness for, school district, 476a. new building, free high school districts, ref- erendum, petition, 496p. purchase and lease by school district board, 434. school district board has charge of, 435. school district property, use for civic, social and recreational purposes, 43 5d. school districts may borrow money to erect, 475. school districts may vote tax for, 430. state graded schools, special state aid re- ceived, 496d. town free high schools, authorization to erect building, 496p — 1. union free high schools, electors authorize board to erect, 496p — 2. use of, for entertainments, 435. water-closets shall be provided for, 435a. School inspection — appointments for, 165a. health officers, duty, 1418b. industrial and commercial education, to arouse interest in, 166. inspector of schools, inspection of buildings by, 517. schoolhouses, inspection, repair, condemna- tion, 517. schools for the blind, 579o. state superintendent to appoint inspectors, duties, salary, 49 6f. School libraries — bids to supply books to, 486f. bulletins of agricultural institutes sent to, 486c. duty of state superintendent, 165b. firm to supply books, committee to select, 486e. firm to supply books to, deposit with bids, 486g. librarian, records, 486b. superintendent of public instruction, to pro- mote, 165b. lists of books for, payment for books, dis- tribution of books for, exchanges, 486a. loans by school districts, 486 — 1. moneys for, purchase and delivery of books to, reports, exemption, 486a. purchase of books from unauthorized firms, penalty, 486j. purchase of books only from firm selected, 486i. rebinding books, 486k. school district board to purchase. 436. state committee on the rebinding of school library books, 486k. 419 General Index. [References are to Sections.] School libraries (continued) — state superintendent's duties with reference to, 166. town clerk's duties, township system, who performs, 48 6d. School management — convention of county superintendents for, 461a. -county schools of agriculture and special sub- jects, state superintendent to exercise su- pervision over, 166. school district board controls, 439. trade schools, authority in regard to, cities under special charter, 926 — 25. School month — what is, 459. School records — county board of education, 553m— -9. register kept by teacher, reports, 460. school attendance, school census, truancy offi- cers may inspect, 439cb. school libraries, 486b. schools for the deaf, pupils, 579. teachers' certificates, 456. School reports — abstract of, to be included in report of state superintendent, 166. cities, 703. consolidated rural schools, 496 — 8. consolidated rural schools, transportation of pupils, 496—9, 496 — 10, 496—12. county superintendents of schools, 461e. county superintendent's reports, contents, 464. county superintendent, transportation of pu- pils, 49 6q. district clerk to make, contents, fees for, 462. district clerk to prepare and assist town clerk, 462a. failure to make, loss of apportionment, school fund income, 554a. free high schools, how made, 493. free high schools, manual training, etc., 496c. free high schools, teachers' training course, 496c. industrial school attendance, tuition, etc., 553p— 8. industrial schools, 553p — 6. school district clerk, forfeit for neglect, 498. schools for the deaf and dumb, 578, 579. state graded schools, curriculum, etc., 49 6g. state public school, 573i. teachers to make, contents, 460. teachers to make, contents of, penalty, tru- ancy officers may inspect, 439cb. town clerk, county superintendent, neglect to make, forfeit, 499. town clerk to county superintendent, 463. town high schools, publication of financial report and recommendations, 496c — 2. union free high school, board report, 495 — 10. union free high school, publication of finan- cial report and recommendations, 496c — 2. winter term in high schools, report concern- ing, 494a. 420 Schools for the blind — provisions for, 579©. Schools for the deaf and dumb — compulsory attendance, 579m. establishment, report, 578. expenses audited, 579. normal training department for oral teach- ers of the deaf; establishment, 579p. state aid, 578. School sites — appeal from award for site, 481. designation of, by school district vote, 430. land owned by infants, leasing, 484. location and establishment by town board, compensation, 479. notice of town board to landowner for, 478. payment of money awarded, 480. purchase or lease by school district, 434. quantity of land permitted for, use of for roads, 482. requirements concerning, obtaining of, 477. School superintendents — see the folloiving titles: City superintendent of schools. County superintendent of schools. District superintendent of schools. State superintendent of public instruction. School supplies — blanks for reports, 466'. free sample books, duty of superintendents, 486m. school district board has charge of, 435. school district board to purchase, 436. school district may vote tax for, 430. school officers may not sell, penalty, 501. state graded schools, special state aid re- ceived, 49 6d. state superintendent to collect in his office, 166. teachers furnished with record blanks, 439cb. School textbooks — additional and supplementary, 55.3m — 17. adoption of uniform books, change 'of, 553m — 13. adoption of uniform books, notice, 553m — 19. board of education, authority as to, 925 — 116. board of education determines, period, non- sectarian, 440a. change to uniform, inoperative, 553m — 14. change within three years, penalty, 440b. county board of education, adoption of uni- form texts, 553m — 11. county superintendent's duty to examine, 461. depositories of county uniform texts, bonds, 553m — 22. determination of, by school board, 440. free books for district schools, vote, taxation for cost of books, 430b. sale of, provisions regulating, 553m — 101 to 553m — 108. school district board authorized to purchase, 430. school district board has charge of, 435. school district board may purchase, 436. school district vote on change, 427. General Index'. [References are to Sections.] School textbooks (continued) — school officers may not sell, penalty, 501. sectarian, use of, to be prohibited by state superintendent of public instruction, 166. selection by county board of education, 553m —16. state superintendent and board of health to approve books on physiology and hygiene, 447a. uniform books, which schools to use, nonsec- tarian, 553m — 12. uniform county books not used in state graded schools, 553m — 15. uniform in counties, 553m — 1. uniform in county, bids, samples, 553m — 20. *>tatc aid to free high schools — joint maintenance of manual training, 496c — 1. limit of, 172 — 57. manual training, etc., maintained, 496c. requirements for, 496. State aid to schools — apportionment of school fund income, 554. certificate and notice of state superintendent, 555. consolidated rural schools, 496 — 6, 496 — 9, 496—10. free high school maintaining teachers' train- ing course, 49 6e. high schools, commercial course, 496c — 3. industrial education, local, 553p — 3. industrial education, requirements, amount, 553p — 6. loss of apportionment of school fund income, 554a. mining trade school, 392y. physiology and hygiene taught in schools re- ceiving, 447a. school buildings unsanitary, forfeit of, 517. schools for the blind, 579o. schools for the deaf and dumb, nonresident pupils, 578. short course in agriculture or domestic sci- ence, high schools, 496c — 4. special aid, amount, requirements, 496e. special aid refused, curriculum, reports, 496g. special aid, restrictions. 496h. special aid to graded schools, 496d. special aid to rural schools, 560h, 560j, 560L. transportation of pupils, 430 — 4. transportation of pupils, reimbursement, 419h. transportation of pupils, requirements, amount, 496q. winter term in high schools, 494a. State graded schools — curriculum for, reports, 49 6g. inspection, 496f. inspection of buildings, repair, condemnation, 517. nonresident attendance and tuition fees, 43 5o. nonresident pupils, charge for attending ninth and tenth grades, 496h — 1. special aid for, 496d — 496h. special aid for maintaining instruction in agriculture and industrial subjects, 496e. transportation, aid for, 496e. 421 state traded schools (continued) — tuition fees, 496j — 1. uniform textbooks of county not used by, 553m — 15. State superintendent of public instruction — accidents, publication of book instructing, 447g. appeals to, in school matters, 166. appeals to, procedure, 497. appointment of assistants and emploves, 170m. apportionment of school fund income, 554. apportionment of special state aid to rural schools, 560L. apportionment of teachers' county institute fund, 461p. approval of -county schools of agriculture, etc., 553L. approval of curriculum, industrial education, 553p — 5. approval of joint maintenance of manual training in free high schools, 496c — 1. assistant, oath of office, duties of, 165. assistants for industrial education, 553p — 2. assistants, to revise course of study, conduct conventions, investigations, 165c. attendance at educational meetings, 166. blanks for school reports furnished by, 466. board of examiners of teachers appointed by, state certificates, issued by, 454. certificate and notice, apportionment of school fund income, 555. certification of salaries and expenses, secre- tary of state, 165c. certificate of teachers' institute conductor signed by, 4 6 In. certificate of tuition and transportation of pupils, consolidated school districts, 419g. certification of amounts due for transporta- tion of pupils, 430 — 5. clerks and statisticians, 165c. colleges, academies and seminaries report finances, etc., to, 411. consolidated rural schoolhouses, plans ap- proved by, 496 — 7. consolidation of school districts, appeal to, 419d. correction of apportionment of school fund income, 556. county schools of agriculture, etc., supervi- sion, inspection, report, 553k. county superintendent, vacancy in office filled by, 967. county training schools, certificate of satis- factory maintenance, 411 — 5. curriculum for commercial schools and col- leges to be fixed by, 167b. curriculum for free high schools, 496a. curriculum for graded schools, 496g'. duties of-, general supervision of common schools^ of the state, etc., 166. duties relative to county training schools, 411—4. duties relative to free high schools having manual training, etc., 496c. duties relative to school libraries. 486a. duties, special aid to graded schools, 496e. duties, transportation of pupils, 496q. General Index. State superintendent of (continued) — ■ employes, appointment and duties, 165a. foreign state certificates, force, 458a. geological and natural history survey, mem- ber of commissioners of, 39 2j — 3. high school short course in agriculture or domestic science supervised by, 496c — 4. industrial education in free high schools su- pervised by, 496b. inspection of school buildings under direc- tion of, 517. joint county training schools, loan from state approved by, 411 — 7. license to teach to university graduates, 458b— 2. location of county schools of agriculture, etc., 553c. manual training and domestic science teach- ers' licenses and certificates to normal graduates, 458b — 1. member, board of industrial education, 553p — 1. member of board of regents of university, 378. member, committee to select book firm to supply school libraries, 486e. member free library commission, 373a. member mining trade school board, 392n. member state committee on the rebinding of school library books, duty, 486k. member trustees Of teachers' retirement fund, 460—1. normal school regents, member of, 393. oath of office, filing of, time of taking. 164. of office, place of, 167. qualifications, 164. qualifications of teachers, manual training, etc.. free high schools, 496c. record books for school libraries, 486b. record of teachers' examinations and certifi- cates. 456. reexamination of teachers, 4 52. report of trustees of teachers' retirement fund, 460 — 6. report to governor, 166. review of decision of, certiorari, time, 497a. revocation of state teachers' licenses, 458e. rural schools, inspection by, 167a. salary of, and of employes of, 170, sub. 5. sale of school books, supplies and equipment by, prohibited, penalty, 501. school for the blind, duties, 579o. school for the deaf and dumb reported to, 578. school fund apportioned by, 1072b. school inspection, 496f. school libraries, duty, 165b. special employes, may appoint, 165c. special licenses to teachers, 458j. standards for rural schools fixed by, 5601. state aid, industrial schools, certificate, 553p — 6. state aid to high schools, duties relative to, 496. state certificates, issue to teachers of col- leges, 458i. state certificates to normal school graduates, kindergarten work, 458b. state teachers' certificates, issue of, 455. [References are to Sections.] public instruction State superintendent of public instruction (continued) — state teachers' certificates revoked by, 457. teachers' certificates for graduates of foreign state normal schools and universities, 458c. teachers' certificates for special branches, 458k. teachers' certificates issued to normal gradu- ates, 405. teachers' certificates, manual training and domestic science, 458n. teachers' institutes held under direction of, 407. teachers in summer school of university des- ignated by, 392a. teachers' training course in free high schools approved by, 496b, 496c. town board or officers' refusal to perform order, penalty, 504. withholding of portion of school fund, 554a. winter term in high schools regulated by, 494a. Supervising teachers — appointed by committee on common schools, 698, subdiv. 10. duration of appointment, 698, subdiv. 11. duties of, 698, subdiv. 13. qualifications, 698, subdiv. 12. qualifications, salaries and expenses of su- pervising teachers to be reported to the state superintendent by county superin- tendent, 698, subdiv. 16. salaries and expenses how paid by county. 698, subdiv. 11. salaries, expenses, etc., paid by state, 698, subdiv. 16. Teachers — accidents, instruction by, 447g. additional teacher, district school, when required, 430f. annuities exempt from seizure and inalien- able, 460 — 17. annuities under retirement fund, amount, 460—14. certificate to be held by, to receive salary, 446a. charges against, county superintendent to hear, 453. communicable diseases in school district, 1408a. communicable diseases, misconduct, dismis- sal, 1408d. condition of retirement on annuity, 460 — 13. conferences with, by state superintendent. 166. county training schools, qualifications, 411 — 6a. definition, 460 — 19. election to participate in teachers' retire- ment fund, 460 — 8. free high schools, qualifications, 494. humane treatment of animals taught by, 553a— 1. instructors in teachers' institutes, no salary to, restrictions, 46 If. leave of absence under teachers' retirement fund, 460—15. 422 General Index. Teachers (continued) — license to graduates of foreign state normal schools, 458c. license university and normal school grad- uates, 458b — 2. minimum salary, agriculture, domestic sci- ence, etc., 553L. — 1. morality taught by, 553a — 1. normal training department for oral teach- ers of the deaf, establishment, 579p. professional schools for, definition, 450 — 1. qualifications, free high schools, manual training, domestic science, etc., 496c. qualifications of kindergarten, 458t. records and reports of attendance kept by, penalty, truant officers may inspect rec- ords, 439cb. responsibility for Webster's dictionary, 510. resumption of work after retirement, 460 — ■ 16. school board to visit and advise, 441. school districts, qualification, contract, 438. sectarian instruction by, in public schools, to be prohibited by state superintendent, 166. special licenses, issue of, by state superin- tendent, 458j. state graded schools, special state aid re- ceived, 496d. transfer to district other than that for which certificate issued, 450c. truancy, duty, 439ce. truant officers assisted by, 439cc. Teachers' certificates — advancement of grade, extension of period of certificates, provisions governing, 450a. annulment by county superintendent of schsols, 453. city superintendent issues special, 458p. city superintendent of schools, license, 458o. completion of county training school course, limitations, standings in lieu of examination, 411 — 6. conditions of issue, 450 — 5. county superintendent's certificate, force, 461L. county superintendent's duty to issue, an- nulment, 461. county superintendent of schools, eligibility, 702a. deaf, teachers of, diploma of normal school, 579p. examinations for, preservation of papers by county superintendent, 450b. first grade, requirements, examinations for, transfer of, rights conferred by, renewal, 450—3. foreign state certificates, force, 458a. free high schools, 496a. free high school diploma as, 452a. grades of, who may not receive, 449. graduates of foreign universities and nor- mal schools, 458c. graduates of kindergarten training schools receive, 458q. graduates of university and state normal schools, 458b — 2. industrial education in free high schools, cer- tificates for, 496b. 423 [References are to Sections.] Teachers certificate (continued) — issuance of renewal, substitute for examina- tion, 450 — 6. issue for district other than that of examina- tion, 450c. kindergarten teachers, grades of, subjects of examination, qualifications, 458s. limited special certificate for one subject, one locality, 458L. manual training and domestic science, graduates of special schools, requirements, 458n. manual training and domestic science, nor- mal school graduates, 458b — 1. necessity of, for contract, 438. normal school graduates, kindergarten course, 458b. normal school graduates to receive, condi- tions, 405. psychology and pedagogy required of col- lege and university graduates, 458ha. qualifications, 450d. reexamination and issue by state superin- dent, 452. requirements concerning, validity of, 448. revocation of state licenses and certifi- cates, 458e. second grade, requirements for examination for, transfer of grades, rights conferred by renewal of, 450 — 2. special branches, 458k. special licenses, issue of, by state superinten- dent, 458j. special third grade, when issued, 450 — 4. standards of attainment for, fixed by county superintendent, 451. standings obtained in state normal schools may be accepted for, 452b. state certificates, examinations for, 454. state certificates, record of, 456. state certificates, requirements for and force of, 455. state certificates, revocation by state super- intendent, causes, 457. teachers in colleges may receive, 458i. teachers' institute conductor, 461n. third grade, subjects of examination, re- quirements for, rights conferred, renewal. 450—1. Teachers* conventions — attendance at, wages not deducted, 459. city superintendent of school, 926 — 117m. school board meetings called by county superintendent, 461. 450d. Teachers' examinatioi certificates, qualifications for, conduct of, in counties, 461. county superintendent, for certificate, 461L. county superintendent of schools, eligibility, 702a. first grade certificate, 450 — 3. free high schools, 496a. kindergarten teacher's unlimited state cer- tificate, 458r. kindergarten, three grades, subjects, 458s. private examinations. 461. reexamination by state superintend 452. General Index. [References are to Sections.] Teachers' examination (continued) — reexamination for certificates, 451. special third grade certificate, 450 — 4. state certificates, examinations for, 454. state certificates, record of examination, 456. subjects, second grade certificate, 450 — 2. subjects for state certificates, 455. subjects for third grade certificate, 450 — 1. Teachers' institutes — accounting, 461q. attendance at, wages not deducted, 459. conductor's certificate, 4 6 In. county institute appropriation, holding of institutes, 461m. > county superintendent to organize, 461. distribution of appropriation, 461o. establishment of, rules and regulations, 407. instructors in, no payment to for salary, restrictions upon, 461f. report, 461p. state superintendent of public instruction to supervise, 166. Teachers' retirement fund— annuities, amount and time of payment, 460 — 14. annuities exempt from seizure and inalien- able, 460—17. assessments on teachers' salaries for, elec- tion of teachers to participate in, 460 — 8. board of trustees, compensation, expenses, secretary, 460 — 4. board of trustees, control of fund, 460 — 5. board of trustees, legal status, 460 — 7. board of trustees, meetings, rules, 460 — 3. board of trustees, members of, 460 — 1. board of trustees, organization of, 460 — -2. cities of first class exempt from, 460 — 20. condition of retirement on annuity, 460 — 13. leave of absence under, 460 — 15. office of board of trustees, 4 60 — 18. participation in, by teachers of schools not included in act, 460 — 12. report of trustees, 460 — 6. resumption of work after retirement, 460 — 16. statements of moneys retained by school boards, reports, 460 — 9. Teachers' training schools — see County training schools. Terms of schools — apportionment of school fund income de- pends on length of, 558. definition, attendance during, 439a. determination of, by electors of district, 495—14. loss of apportionment, school fund income, short term, 554a. month and six months defined, 560. rural schools, first class, 560g. rural schools, second class, 560f. school districts how determined, 430. school month defined, 459. state graded schools, special state aid re- ived, 49 6d. sta-s- term in high schools, 494a. Textbooks, 440, 440a, 553m — 1, 553m — 101. see ScTiool textbooks. Town free high schools- board authorized to erect building, 49 6p — 1. board of, composition, duties, report, 493. board of district, powers and duties, 492a. establishment of joint district, 491. establishment, requirements, 490. nonresidents, admission, tuition, 496k. nonresidents admitted, requirements, 496j. publication of report and recommendations before annual meeting, 496c — 2. state aid, requirements, limit of, 496. taxation for site and buildings authorized, 495a. union free high schools governed by law of, 495—19. validation of establishment, 490t. Trade schools — see also the following titles: Industrial education. actions by, 926—30. cities may establish, 490m. cities second, third and fourth class, estab- lishment, provisions for, 926 — 30. cities under special charter, control of, 926 — 23. cities under special charter, establishment of, 926 — 22, 926 — 24. cities under special charter, fees of, 926 — 27. cities under special charter, special assess- ment for, 926—28. cities under special charter, use of regular funds for, 926—29. committee on, authority of, cities under special charter, 926 — 26. management of, cities under special charter, 926—25. maximum levy for, cities using budget sys- tem, 925q — 163. state superintendent of public instruction to foster interest in, 166. Transportation of pupils — • agreement with parents, 419f ; 430 — 4 ; 496 — 12. electors to vote upon, 49 6r. officers to enter into contracts, 496 — 9. reports to state superintendent 419g and 496q, subdiv. 8. state aid, 419e and 496q. state graded school, aid for, 49 6e, subdiv. 7. to consolidated schools, 496 — 10. Truancy — cities of first class, truancy officer, sheriff and deputies as officers, 439b. forfeitures in cases of, to whom paid, 439d. neglect of officers, penalty, 439cf. officers may inspect records of teachers, 439cb. officers, salary, 439cd. powers of truant officers, 439ca. report to industrial commission, 439ce. school attendance, provisions regarding, 439a. 424 Gekeral Index. [References are Truancy (continued) — school officers and teachers assist officers in cases, jurisdiction, 439cc. superintendents . of schools ascertain and report, truant officers' procedure, notice to parents, trial, 439cc. Tuition fees — city maintaining graded school of twelve grades, 496j — 1. collection in villages, free high schools, 496m. county schools of agriculture and domestic science, 553j. free high schools, nonresident pupils of towns and cities, payment, 4 9 60. free high schools outside state, attendance, 496k. industrial schools, materials used, charge, 553p— 9. local industrial schools, nonresidents 553p — 8. mining trade school, 392q. model schools of state normals, remission of I fees, 403. nonresidents, county training schools, tax- ation for, 411 — 11. nonresidents, free high schools, 496k. nonresidents, school districts, 435o. normal schools, 404. payment by towns, nonresident pupils of free high schools, 496n. school buildings unsanitary, tuition in other school, 517. short course in agriculture or domestic science in high school, 496c — 4. state school for the blind, 569. state school for the deaf, 575. trade schools, cities under special charter, fixing of, 926 — 27. Wisconsin university, 388. Union free high schools — accounts of district, auditing, report, 495 — 10. annulment of existing high school on for- mation of, 495 — 7. board, borrowing of money, authorization, 495—14. board meetings, who entitled to vote at, 495—13. board of, notice of annual meeting, 495 — 11. city or village organized from territory of district, effect, 495 — 17. deficiency in money for, tax for, 495 — 16. dissolution, 495 — 20. district, annual meeting, election of officers 495—9. election returns, referendum, 495 — 6. electors of district authorize school board, erection of building, 496p — 2. ■establishment, requirements for, 495 — 1. to Sections.] Union free high schools (continued) — levy and collection of taxes for, 495 — 18. nonresidents admitted, requirements, 49 6 j, 496k. officers of district, number, election, 495 — 8. petition for referendum, 495—2. publication of report and recommendations before annual meeting, 496c — 2. referendum, establishment, form of ballot, 495—5. setting off another district from, 495 — 14. special board meetings, restrictions, 495 — 12. state aid, requirements for, limit of, 496. town free high school law applies to, 495 — 19. two or more towns, procedure" for referen- dum, 495 — 3. village in district, procedure for referen- dum, 4"95 — 4. University fund — disbursements from, how made, 379. income of may be used to build or purchase apparatus, etc., 382. institution and maintenance of, 2T48. investment of, list of securities for, 258. moneys to~be credited to, on receipt, 383a. treasurer to keep distinct, 379. Wisconsin university — accounting examination of, report, appropri- ation, 383m. both sexes admitted without distinction, 387. colleges of the state may be received as branches of, 382. construction of buildings, regulations, 382a. courses, books, determined by board of re- gents, 384. diploma of university countersigned by state superintendent as teaching certificate, 387. establishment, 377. faculty, government, suspension of students, 384. graduates, teachers' certificates, 458b — 2. graduates with pedagogy, license to teach, 458b— 2. janitor's salaries, 381m. location and name, 377. military instruction, 387. mill tax for support of, uses of, 390. object of, colleges and departments, 385. president, member of geological and natural history survey, 39 2j — 3. president, member of free library c )mrais- sion, 373a. president, powers, duties, 384. receipts and disbursements, provisions gov- erning, 383a. school of library science to be a part of, aid of by university, 373am. 425 sta> LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES GAYLAMOUNT PAMPHLET BINDER Manuf octurod by GAYLORD BROS. Inc. £. Syracuse, N.Y. 2 Stockton, Caltf . ( UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 229 617 6 Mi ■