LB 
 
 IRLF 
 
 $B 20 602 
 
GIFT OF 
 

 SCHOOL LAWS 
 
 Free Public Schools 
 
 OF THE 
 
 State of Delaware 
 
 1898-1909 
 
 PUBLISHED BY AUTHORITY OF GENERAL ASSEMBLY 
 
 +.* 
 
SCHOOL LAWS 
 
 FOR 
 
 FREE PUBLIC SCHOOLS 
 
 OF THE 
 
 State of Delaware 
 
 1898=1909 
 
 Published by Authority of the General Assembly 
 
 1909 
 
 THE SMYRNA TIMES" PRINT. 
 Smyina, Delaware 
 
PROVISIONS OF CONSTITUTION RELATING TO PUBLIC 
 SCHOOLS 
 
 ARTICLE X. 
 EDUCATION. 
 
 Section 1. The General Assembly shall provide for the estab- 
 lishment and maintenance of a general and efficient system of free 
 public schools, and may require by law every child, not physically 
 or mentally disabled shall attend the public school, unless educated 
 by other means. 
 
 Section 2. In addition to the income of the investments of the 
 Public School Fund, the General Assembly shall make provision for 
 the annual payment of not less than one hundred thousand dollars for 
 the benefit of the free public schools which, with the income of the 
 investments of the Public School Fund, shall be equitably appor- 
 tioned among the school districts of the State as the General Assem- 
 bly shall provide; and the money so apportioned shall be used ex- 
 clusively for the payment of the teachers' salaries and for furnishing 
 free text books; provided, however, that in such apportionments, no 
 distinction shall be made on account of race or color, and separate 
 schools for white and colored children shall be maintained. All other 
 expenses connected with the maintenance of free public schools, and 
 all expenses connected with the erection or repair of free public 
 school buildings shall be defrayed in such manner as shall be provid- 
 ed by law. 
 
 Section 3. No. portion of any fund now existing, or which may 
 hereafter be appropriated, or raised by tax, for educational purposes, 
 shall be appropriated to, or used by, or in aid of any sectarian, 
 church or denominational school ; provided, that all real and personal 
 property used for school purposes, where the tuition is free, shall be 
 exempt from taxation and assessment for public purposes. 
 
 Section 4. No part of the principal or income of the Public 
 School Fund, now or hereafter existing, shall be used for any other 
 purpose than the support of free public schools. 
 
 242661 
 
CHAPTER 67, VOLUME 21. 
 
 AN ACT CONCERNING THE ESTABLISHMENT OF A GENERAL 
 SYSTEM OF FREE PUBLIC SCHOOLS. 
 
 Be it enacted by the Senate and House of Representatives 
 of the State of Delaware in Genet al Assembly met: 
 
 Section 1. The general supervision and control of the 
 free public schools of this State, including those for colored 
 children, shall be vested in a State Board of Education ; |^te Beard of 
 which shall be composed of the Governor, the Secretary of 
 State, the President of Delaware College, the State Audi- 
 tor, and the senior member of each County School Com- 
 mission by this Act created, as members by virtue and dur- T erm 
 ing the continuance of their office. 
 
 The Governor shall be the President and the Audi tor officers of 
 shall be the Secretary of the said State Board of Education. 
 The said State Board shall hold meetings quarterly, during Meetings 
 the last week in each of the months of September, Decem- 
 ber, March and June in each year, in the office of the Au- 
 ditor at Dover, and may hold special meetings at the call 
 of the President (or Secertary). The first meeting of the Firs t Meeting 
 said State Board herein created, shall be on Saturday, the 
 twenty-fifth day of June, in the year eighteen hundred and 
 ninety-eight, at eleven o'clock in the forenoon. Four mem- 
 bers shall constitute a quorum to do business, but a lessQ u <>m 
 number may adjourn from time to time until a quorum is 
 secured. 
 
 In any case where, under the Constitution, the powers Person fining 
 and duties of the office of Governor devolve upon some per- oeS^of GOT- 
 son other than he who was elected to fill said office, such member of 
 persons shall take the place of the Governor upon said Bc 
 State Board so long as he shall continue to act as Governor 
 under the said Constitution. Before entering upon theoath 
 duties of their office, the members shall be severally sworn 
 or affirmed to well and faithfully execute and discharge the 
 duties of their said office. Any member may administer 
 such oath or affirmation. 
 
Section 2. The State Board of Education shall have 
 loan? of St e power to make all by-laws requisite for its own govern- 
 ment, and to prescribe and cause to be enforced all rules 
 By-iaws, rules and regulations necessary and proper for the execution of 
 5ons r of U Board the powers and duties vested in it by the provisions of this 
 Act, and tending to the advancement of the standard of 
 instruction and education in the free public schools, and to 
 rendering the school system uniform throughout the State. 
 
 Examination > ^ stated periods, compile or cause to be corn- 
 
 papers piled a set of examination papers, which examination pa* 
 
 pers shall be as nearly equal as to the said State Board 
 shall seem advisable, for all the teachers in all the free 
 schools for white children throughout the State; and 
 another set of examination papers which shall be as nearly 
 equal as to the State Board seems advisable, for all the 
 teachers in the free schools for colored children. Provid- 
 ed, however, that in the case of teachers in graded schools, 
 a different set of examination papers, adapted to the vari- 
 
 Graded schools ous ^ ra ^es, may be framed. The said examination papers 
 shall be composed of questions on pedagogy, orthography, 
 reading, writing, mental and written arithmetic, geogra- 
 
 Bubje i ? n s ati f on phy ' nistorv of the United States, the Federal and State 
 Constitutions, English Grammar, physiology and hygiene, 
 with special reference to the effects of alcoholic drinks.stim- 
 ulants and narcotics upon the human system, and on any 
 other subjects or branches of knowledge which the said 
 
 New examina State Board shall deem proper. New sets of examination- 
 papers shall be compiled as aforesaid, from time to time, 
 or former sets so revised or altered, as that no advantage 
 may or can be gained by an applicant for a certificate from 
 having been present at any previous examination. 
 
 Adoption of The State Board of Education shall, at its first meeting 
 
 held under this Act, adopt a list of text books to be fur- 
 
 contracts nished the schools, as hereinafter provided, and make con- 
 tracts for the rates at which such books shall be furnished 
 which list shall be the same throughout the State; and 
 shall have full power and authority to make any changes 
 in said list, or to compile new lists at any subsequent meet- 
 ing, which to it shall seem proper and advisable for the 
 
cause of education. Such lists shall always include books 
 upon physiology and hygiene, with special reference to 
 the effects of alcholic drinks, stimulants and narcotics upon 
 the human system. It shall have jurisdiction to hear and 
 determine finally all appeals from the several County 
 School Commissions hereinafter created, and all appeals of AppealR 
 teachers, applicants for certificates, county superintendents 
 and members of school committees and boards of education. 
 It shall issue a uniform series of blanks for the reports 
 of teachers, and for those of any other school officer, which Blank* 
 it shall deem advisable to be made for the advancement of 
 education, the collection of statistics and the like for the 
 clearer knowledge of the condition of the schools through- 
 out the State; and shall require all records to be kept and 
 returns to be made according to such forms. It shall make Report, 
 report to each General Assembly of the work done, 
 and suggest any alterations or amendments in the then 
 existing school laws. The members shall receive no sala- 
 ries or remuneration for their office, but each, exclusive of 
 the Governor, Secretary of State and Auditor, shall be paid 
 five dollars for each day actually spent in attendance at perdien * 
 the meetings of the Board; provided, that not more than 
 thirty dollars in any one year shall be allowed to any one 
 member for such attendance. The said allowance shall be 
 paid by the State Treasurer to the said members, upon the pa 5' ment 
 warrant of the Governor, out of the general fund of the 
 State. The said State Treasurer shall further pay all the 
 reasonable and proper bills incurred by the said State Bil]s for 
 Board for printing and postage authorized under the provi- printing, etc^ 
 sions of this Act, out of the general fund aforesaid, upon 
 being presented with proper vouchers therefor by its secre- 
 tary. Whenever the State Board of Education shall hear any rSSwming 
 appeals or take under consideration any matters or things, colored 
 concerning the free schools for colored children in this 
 State, or teachers in, or officers over, such schools, the Pre- 
 sident of the State College for Colored Students shall sit as wno tosit. 
 a member of the said State Board in the place and stead of 
 the President of Delaware College, and it is hereby made 
 the duty of the Secretary of said State Board to give notice Notice 
 to the said President of the State College for colored Stu- 
 
8 
 
 Proviso 
 
 Supervision 
 of county 
 School Com- 
 mission 
 
 How commis- 
 sion is com- 
 posed 
 
 Appointment 
 
 Arrangement 
 of terms 
 
 Political com- 
 plexion 
 
 Senior 
 
 Meetings of 
 County Com- 
 missions 
 
 Place 
 
 dents whenever such appeals, matters or things as afore- 
 said, shall come up for hearing or consideration by the said 
 State Board; provided, that nothing in this Act shall be 
 deemed or taken to confer upon said President of the State 
 College for Colored Students any right or authority to at- 
 tend at, or sit as a member of, or have any voice or vote in 
 the meetings of the said State Board of .Education except 
 in the case of appeals and matters and things affecting 
 schools for colored children as aforesaid, and no other. 
 
 Section 3. The supervision of all the free public 
 schools, including those for colored children, in each of the 
 counties of this State, subject to the general supervision 
 and control hereinbefore vested in the State Board of Edu- 
 cation, shall be vested in a County School Commission for 
 each County. The said Commission shall be composed of 
 three members, no more than two of whom shall be of the 
 same political party. They shall be appointed by the Gov- 
 ernor, and hold office for three years, or until their succes- 
 sors are duly qualified; provided, however, that in the ap- 
 pointment of the first set of County School Commissoners 
 under this Act, one member of each of said Commissions 
 shall be appointed for one year, one for two years and one 
 for three years, for each county; and provided further, 
 that in the apportionment of said first set of said Commis- 
 sioners for the several counties, not more than two of either 
 the one year members, or the two year members, or three 
 year members, shall be of the same politcal party. 
 
 In the appointment of said first "set of Commissions, 
 the member appointed for each county for one year, shall 
 be the senior member during the first year; the member 
 appointed for two years, shall be the senior member the 
 second year; and thereafter the member serving for his 
 third year in the appointment of any set of said Commis- 
 sions, shall be the senior member. 
 
 Each County School Commission shall hold meetings 
 quarterly, during the first week in the months of Septem- 
 ber, December, March and June, in each year, in the office 
 of the County Treasurer, or some other convenient place, 
 in its respective County. Special meetings may be held 
 
9 
 
 upon the call of any two members. The first stated meet- meetings 
 ing of each of the County School Commissions created by First mee ting 
 this Act, shall be held on Saturday, the fourth day of June 
 in the year eighteen hundred and ninety-eight at eleven 
 o'clock in the forenoon. The senior member of the Com- 0fficers 
 mission shall be its President, and the junior member shall 
 be its Secretary. Two members shall constitute a quorum Quorum 
 to do business, but one may adjourn from time to time un- 
 til a quorum is secured. 
 
 Before entering upon the duties of his office, each 
 member of said commission shall be sworn or affirmed tooath 
 well and faithfully discharge the same. The oath or affir- 
 mation may be administered by any member. A vacancy vacancy 
 in the office of County School Commissioner, caused by 
 death, resignation, removal, disability, or otherwise, shall 
 be filled by the Governor for the unexpired term, provided 
 that such appointee shall be of the same political party as 
 he, to fill whose unexpired term, such appointee is chosen. 
 A commission for an unexpired term as aforesaid, shall 
 vest in the holder thereof all the powers, and subject him 
 to all the duties which would have devolved upon him had 
 he been commissioned at the beginning o said term. Each 
 of said commissions shall have power to make all such by- f u y le ] J ws and 
 laws as are or may be necessary for its own government, 
 and to formulate and carry into effect all such rules and regu- 
 latons as are requisite and proper for the execution of the 
 powers and duties conferred upon it by this Act. 
 
 Section 4. The object of the County School Commis- objectofpoun- 
 
 ,.,,,. , ty Commission 
 
 sion shall be the investigation of the school system through 
 out the County of its jurisdiction, the methods of instruc- 
 tion and discipline employed in the schools, the perform- 
 ance of their several duties by the various school officers 
 and teachers, and the condition of school property. To 
 this end each Commission shall have full power and author- Powers 
 ity to visit all the schools in its County, including incor- visits 
 porated schools, and to observe and question the teachers 
 concerning their method of instruction and discipline; to Methods 
 examine all reports and papers made to or filed with the Assistance of 
 County Superintendent for its County, and to confer with deSt rinten " 
 
10 
 
 Hearing 
 complaints 
 
 and aid him concerning the methods and systems which he 
 has adopted, or desires to introduce into the schools under 
 
 Reports his supervision; to make reports quarterly to the State 
 Board of Education at its stated quarterly meetings, con- 
 taining any suggestions as to improvement in school meth- 
 ods and systems, and specifying any neglect or abuse on 
 the part of any teacher or school officer whomsoever in its 
 County. The Commission shall, at any of its stated meet- 
 ings, be ready to receive any and all complaints concern- 
 ing teachers, the County Superintendent, or any school 
 officer, whomsoever, of the County under its jurisdiction, 
 and to hear evidence upon the same. The said Commis- 
 sion shall have power to determine the complaints afore- 
 said according to the best ability of its members, subject 
 however to the right of appeal to the State Board of Edu- 
 cation as hereinbefore provided. It shall be the further 
 duty of each of the said County School Commissions, to act 
 
 sanitary as a Sanitary Commission over any and all school property 
 in the County under its supervision; with full power to 
 
 condemnation condemn any school building, or any part thereof, as unsafe 
 or unhealthy; and upon the certificate of such condemna- 
 tion by the Commission, the Trustee of the School Fund 
 shall withhold from the district in which such condemned 
 property is situated, its share of the State appropriation, 
 
 lun r dw f ifhhei] until the further certificate of the Commission that such 
 condemned property has been repaired or replaced, or that 
 
 proviso as to provision therefor has been made. Provided, however, 
 ls that nothing in this Act shall be construed or taken to con- 
 fer upon any of said County School Commission any power, 
 right, or authority to close or suspend any school for any 
 reason whatever. 
 
 Section 5. No member of any County School Commis- 
 sion shall receive any salary by virtue of his office, but, 
 upon the warrant of the Governor, the State Treasurer 
 shall, out of the general fund of the State, pay to each 
 member of said commissions the sum of five dollars for 
 each day actually spent in attendance upon the meetings 
 of the commission of which he is a member; provided that 
 
 Per diem 
 
 Limit 
 
 cSp.88.voi. 23 such allowance shall not exceed the sum of seventy-five 
 
11 
 
 dollars to any one member in any one year for such attend- Expenses 
 ance; and the further sum of six cents per mile expended 
 in visiting any of the schools under the supervision of the 
 commission of which he is a member; provided, that such 
 mileage shall not be allowed for more than one visit to any 
 one school by any one member during a single quarter; and 
 provided further, that such allowance for mileage shall not 
 exceed the sum of twenty-five dollars to any one member Limit 
 during any one year. The said State Treasurer shall fur- 
 ther pay all reasonable and proper bills incurred by the 
 said County School Commission for printing and postage, Printing and 
 out of the general fund aforesaid, upon being presented 1 ' 
 with proper vouchers therefor by its president or secretary. 
 
 SectionG. It shall be the duty of the State Board of 
 Education, and also of each of the County School Com 
 isons to give notice of the time and place of each of its mission 
 stated meetings, by advertisement in two successive issues 
 of three newspapers in the State, at least ten days before 
 the time fixed for such meeting. 
 
 In the case of the County School Commission, such ad- 
 vertisement shall be in newspapers published in the county 
 under its jurisdiction. 
 
 Section 7. It shall be the duty of each of the first set Division of 
 of County School Commissioners appointed under the provi- 
 
 sion of this Act, to lay out and divide the County under its c 
 
 jurisdiction into districts for colored schools. For this pur- 
 
 pose each of said commissions shall hold a special meeting 
 
 on Tuesday the seventh day of June in the year eighteen Meeting for 
 
 hundred and ninety-eight at eleven o'clock in the forenoon, 
 
 at some suitable place in, with regard to the commission 
 
 for New Caslte County, the city of Wilmington and in, Places of 
 
 with regard to the commission for Kent County, the town m 
 
 of Dover, and in, with regard to the commission for Sussex 
 
 County, the town of Georgetown; each of said commissions 
 
 having first given notice by advertisement in two succes- Notice by 
 
 sive issues of two newspapers, of the time, place and pur- advertisement 
 
 pose of such special meeting, and of the willingness of said 
 
 commission to hear any and all persons who might have 
 
 anything to state concerning the laying out of said districts. 
 
12 
 
 Adjournment Each O f said Commissions may adjourn from time to 
 time. 
 
 Each of said commissons shall then, and as soon after 
 the date of the special meeting aforesaid as may be, proceed 
 to its work of laying out and establishing districts for colored 
 schools in the county under its jurisdiction, and shall make 
 
 Return return of their determination, giving the names, and the 
 
 metes and bounds of the several districts so laid out by it, 
 to the Clerk of the Peace of the proper county, who shall 
 
 ?f u thepeice k P reserve tne same in the records of hisoffice,and who shall, 
 within five days after the receipt of such return, certify to 
 the Trustee of the School Fund the names and numbers of 
 the districts so laid out as aforesaid. 
 
 Certificate to 
 Trustee of 
 School Fund 
 
 School 
 meetings 
 
 Notice 
 
 Numbering 
 districts 
 
 Rights an 1 
 powers 
 
 Acts of 
 majority of 
 commission 
 
 Compensation 
 of commis- 
 sioners 
 
 Proviso 
 
 Immediately upon making return as aforesaid, each 
 commission shall determine upon a time and place for each 
 district thus laid out for the first meeting of the school 
 voters held under this Act in said districts, and shall ad- 
 vertise the same by posting five notices stating such time 
 and place, in five of the most public places in each of the 
 said districts, provided that the time for the holding of 
 the meeting of the school voters shall not, in any case, be 
 later than the last week in August in the year eighteen 
 hundred and ninety-eight. 
 
 The districts so laid out by each of the said commis- 
 sions shall be numbered in continuation of the school dis- 
 tricts in the same county, and shall thenceforth be entitled 
 to all the rights and powers, and subject to all liabilities 
 and penalties by this Act provided. The determination 
 and return of a majority of the County School Commission 
 for any one of the counties, shall be as valid and effective 
 as if made by all. 
 
 Each member of each of said commissions shall re- 
 ceive the sum of one hundred dollars for the performance 
 of the task in this Section assigned, and the State Trea- 
 surer shall pay him said amount, out of the general fund 
 of the State, upon the warrant of the Governor; provided 
 that no member shall be entitled to receive any sum what- 
 ever if the commission of which he is a member shall not 
 
13 
 
 have fully performed and executed the duties prescribed in 
 this Section before Wednesday, the tenth day of August, in 
 the year eighteen hundred and ninety-eight. 
 
 The districts for colored schools when laid out and es- changes in 
 
 districts for 
 
 tablished as aforesaid, may be changed or altered, divided, colored people 
 consolidated or united by the County School Commissions 
 for the proper county at any time within the space of one 
 year following; but not afterwards, except in the manner 
 hereinafter provided in this Act. 
 
 In determining upon the number of districts to be laid 
 out as aforsaid, each commission shall be limited to the Limitation of 
 number of colored schools in existence at the passage of JJSiSs of 
 this Act. 
 
 Sections. At the elections held under the provisions Qualification 
 of Section 7 of this Act in the districts for colored schools, of 
 any colored male person over the age of twenty-one years 
 shall have a right to vote. In the apportionment and dis-^^fsc'hoci 
 tributionto the school districts by the Trustee of the School Fucd 
 Fund in the month of September, in the year eighteen hun- 
 dred and ninety-eight, the districts for colored schools laid 
 out and established under the provisions of Section? of this 
 Act, shall be entitled to share therein, and none of the pro- 
 visions of this Act as to the witholdingof a district's share 
 in such apportionment, shall apply to the districts afore- 
 said in said first apportionment and distribution. 
 
 Section 9. The mode of having property transferred T r | r f r of 
 from one school district to another, or of altering the boun- boundaries 
 daries of existing school districts, or of creating new d is- New districts 
 tricts shall be as follows: 
 
 A petition stating the object sought shall be presented Petitions to 
 to the County School Commission of the proper county at 
 any of its stated meetings; signed, in the case of a petition 
 to transfer, by the owner or owners of the property affected, For transfers 
 or in the ase of a petition to create a new district by twelve For new 
 or more freeholders of the district or districts affected. district 
 Notice of the intention to present such petition must, in Notice 
 all cases, have been posted in four public places in the dis- 
 trict or districts affected and a copy of the same transmit- 
 
14 
 
 Certificate 
 
 New districts 
 
 Numbers 
 
 Rights and 
 powers 
 
 Notice of 
 meetings 
 
 ted to school committee of each district affected, through 
 its clerk, ten days at least before the presentation of such 
 petition. The County School Commission shall then deter- 
 Determinationmine the matter, and shall certify its finding to the Clerk 
 of the Peace of the county, specifying, when the prayer of 
 the petition shall have been allowed the metes and bounds 
 of the new districts, and of the alterations in the bounda- 
 ies of old districts by* the transfer of property. A new dis- 
 trict shall not be created unless it be made to appear to the 
 Commission that such proposed new district shall contain 
 at least thirty-five children over the age of five years, and 
 that at least that same number will remain in each of the 
 old districts affected. A new district thus created shall be 
 numbered in continuation of the school districts of the 
 county, shall be subject to and have all the rights and 
 powers given by all the laws of this State having reference 
 to free public schools. The Commission so having created 
 a new district as aforesaid shall give notice in writing, at 
 least ten days before the holding of the first regular meeting 
 of the school voters to be held in districts created as afore- 
 said, of the time and place for holding such meeting, which 
 notice shall be posted in five of the most public places of the 
 district. A failure to give notice as aforesaid shall in no 
 wise affect or invalidate an organization that may be made 
 by the school voters in such district, provided that a major- 
 ity of the school voters of the district be present at any 
 meeting, held without notice given as aforesaid. The find- 
 ing or return of a majority of the members of the Commis- 
 sion upon any petition as aforesaid, shall be as effectual and 
 binding as if made by all. The limits of the school districts 
 so created, and alterations of the limits of old districts by 
 division, union of several as hereinafter provided, or other- 
 wise, shall be recorded in the office of the Clerk of the Peace 
 of the proper county; and the number and location of such 
 new districts and the alterations of old districts shall be 
 certified to the Trustee of the School Fund by said Clerk of 
 the Peace. 
 
 Whenever any of the County School Commissioners of 
 this State shall be satisfied that any real estate in the 
 
 Majority of 
 Commission 
 to act 
 
 Limits of 
 districts 
 
 Numbers 
 
15 
 
 County of its jurisdiction, has not been included within 
 limits or boundries of any school district for the two years T * &1 estate 
 then next preceding, then and in such case the said Com- 
 mission shall have the right, power and authority to trans- 
 fer such real estate to any school district' of the said County Exception 
 selected by the said Commission, provided said school dis- 
 trict shall at the time of such transfer be maintaining a 
 free school under the laws of this State. No petition shall Petition not 
 be necessary in order to empower a County School Commis- n 
 sion to act in the cases aforesaid, but the Commission shall 
 before making such transfer, give the owner and occupant 
 of such real estate notice of the time and place of the meet- Notice to 
 ing of the Commission for the final determination of the SpaSt 
 transfer. Such notice may be sent through the mail or may 
 be left at the dwelling house being on the real estate afore- 
 said, or if there be no dwelling house there, may be posted 
 anywhere on said real estate, five days at least before the day 
 of the holding of the meeting aforesaid. When any trans- commission 
 fer as aforesaid shall have been finally determined upon, Suffer 
 the Commission shall at once certify its action to the Clerk To whom 
 or Secretary of the School Committee or Board of Education 
 of the District to which the transfer is made. It shall like- 
 wise certify its action to the Clerk of the Peace of the 
 County who shall cause a record of the transfer to be made 
 in his office. 
 
 Section 10. Two or more school districts in any county uniting and 
 may unite for establishing and supporting a free school for 00 
 their common benefit; and such districts, when united, shall 
 be one district by the name of "United School District Nos. Name 
 
 , in county." The manner of forming a union of 
 
 districts shall be this: 
 
 1. Notice shall be given in each district which it is pro- Notice 
 posed to unite, as required for stated meetings in the sev- 
 eral districts. 
 
 2. At the meeting, thus called in each district, if two vote 
 thirds of the voters present are in favor of the union, a 
 committee of three of such voters shall be appointed to ar- Committ ? e 
 range the terms and the meeting may be adjourned to hear 
 
16 
 
 Eeport 
 
 Majority to 
 agree 
 
 Vole 
 
 Meeting of 
 united district 
 
 Election of 
 committee 
 
 Vote for con- 
 tribution 
 
 Purpose of 
 meeting 
 
 Powers 
 Taxation 
 
 Dividend 
 How paid 
 
 Place of 
 meeting 
 
 Proposal for 
 several school 
 nouses 
 
 their report; if a majority of them agree upon a union with 
 any other district, or districts, and settle with the terms 
 thereof, the same shall be reported to an adjourned meeting, 
 and if such report shall be adopted by t>vo-thirds of the 
 voters present, it shall be obligatory, and the districts 
 mentioned shall be united; provided like proceedings be 
 had in all the said districts; but if, in either district, the 
 report be not adopted by a vote of two-thirds, this shall 
 not defeat the union between the other districts so adopt- 
 ing it; they shall be united and the other shall be excluded. 
 
 3. A meeting of the united district shall be then held 
 at the time and place fixed by the terms of the union. At 
 this meeting, a school committee for the united school dis- 
 trict shall be chosen, and a vote may be passed to raise 
 money by contribution, but not by tax. This meeting shall 
 also inquire into the proceedings preparatory to the union 
 of the districts and its determination thereupon shall be 
 conculsive. United school districts shall have the same 
 powers and exercise them in the same manner as original 
 districts. The power of taxation shall extend to the amount 
 that could be lawfully raised by tax in the several districts 
 composing such united districts, if acting separately. The 
 union of districts shall not effect the account of the Trustee 
 of the School Fund, but dividends of the income of the 
 Fund shall be apportioned and credited to the original dis- 
 tricts as before the union; and all sums placed to the credit 
 of the several districts of which the union is formed, shall 
 be paid upon the order of the school committee of the unit- 
 ed district, and applied to the use of such district, upon 
 their showing that a sum has been raised sufficient to en- 
 title these several districts to draw their dividends as here- 
 inafter provided. The place of meeting of school voters of 
 a united school district shall be the school house of the dis- 
 trict; or, if there be none, then one at the school house 
 mentioned in the notices, which shall conform to any stand- 
 ing order of the school voters. A proposal to have several 
 school houses in a united district may be brought before a 
 regular meeting of the school voters by inserting it in the 
 notices of such meeting, if such proposal is made the Sec- 
 
17 
 
 retary shall inquire concerning the regularity of the notice 
 and make a minute of the fact. If it be carried, the school 
 committee shall have power to execute it. 
 
 Section 11, All the school districts of this State, gchool djg ^ 
 whether single, united, consolidated or incorporated, as they tricte con- 
 were established at the time of the passage of this Act, 
 shall be, and they are hereby, continued school districts of 
 the State, by the same names, and with the same metes and 
 bounds, as they severally possessed and were defined at the 
 time of the passage of this Act as aforesaid ; and the seve- 
 ral Clerks and Commissioners, or Trustees, or members of school offiw 
 
 continued 
 
 Boards of Education in any or all ot said districts at the 
 time of the passage of this Act, shall be, and they are here- 
 by, continued as such Clerks, Commissioners, Trustees, or 
 members of the Boards of Education for any or all of said 
 districts for the full term for which each of said Clerks, 
 Commissioners, Trustees, or members of Boards of Educa- 
 tion were elected or chosen at the meeting of the school 
 voters last preceding the passage of this Act. 
 
 Section 12. Each school district, by the name of " School Power or 
 District No.- -in- -county" or "United School bow property 
 
 District, Nos. in - - county" (as the case may be, 
 
 and filling the blanks properly), may take and hold ground 
 for a school house, and the appurtenances and furniture; 
 may take and hold by devise, bequest, or donation, real 
 and personal estate, not exceeding in clear annual income 
 one thousand dollars, for the use of the free school in said 
 district, and may alien the same; may take bond from the 
 collector, or from the clerk; may prosecute actions upon it, suit* 
 and any action for injury done to any property of the dis- 
 trict, in which action double damages and costs shall be 
 recovered ; and also any action for a forfeiture or penalty 
 due to the district; any of the said actions may be brought 
 before a Justice of the Peace, if the sum demanded does not 
 exceed two hundred dollars, and said Justice shall proceed 
 as in other demands of like amount; may, where it appears 
 upon settlement by the school committee of the districts 
 that there is due from said committee of the district any 
 sum of money actually received by said committee, bring- 
 
18 
 
 an action of debt against the said committee, or the survivor 
 or survivors of them in their individual names for re- 
 covery of the same as also for the penalty provided by this 
 Act, and judgment thereon shall be given as in other cases, 
 and may be executed accordingly ; such action, no matter 
 what the sum demanded be, may be brought before a Jus- 
 tice of the Peace, and shall be proceeded in as other ac- 
 tions within the jurisdiction of such Justice are, and the 
 remedy hereby provided shall have a retroactive effect; and 
 may sue for and recover in an action of debt any sum or 
 sums of money due to the district, and may bring such ac- 
 tion against any member of a late school committee of the 
 district, or any other person whomsoever who may have any 
 money belonging to the district in his possession, or who 
 may in any other manner be indebted to the district, and 
 the remedy hereby given shall have a retroactive effect. 
 A school district shall not possess any other corporate power 
 or franchise. 
 
 Section 13. Every male person residing within the dis- 
 trict, and having right to vote for Representatives in the 
 General Assembly, and having paid his school tax for the 
 preceding year and every female person above the age of 
 twenty-one years, residing as aforesaid, and having paid a 
 school tax in the district where she resides, for the pre- 
 ceding year, shall be entitled and qualified to vote at all 
 school elections in such district; and from and after the 
 passage of this Act, every female person of the age afore- 
 said, residing in an incorporated district, and having paid 
 a tax as aforesaid, shall be entitled and qualified to vote at 
 all school elections in such incorporated districts. Provid- 
 ed however, that no white person shall have a right to vote 
 at any meeting of colored school voters in any district, and 
 no colored person shall have a right to vote at any meet- 
 ing of white school voters in any district. If any person, 
 not ^g^g so qualified, shall vote at any school meeting or 
 election, such person shall be deemed guilty of a misde- 
 meanor, and shall be fined fifteen dollars by any Justice of 
 the Peace in the proper county. 
 stated meeting Section 14. A stated meeting of the school voters of 
 
 Not to possess 
 
 corporate 
 
 powers 
 
 Voting 
 qualifications 
 
 Penalty for 
 voting illegally 
 
19 
 
 each school district shall be held on the last Saturday in Time of meet- 
 June except in New Castle County, where such meetings, in 
 exclusive of those held in incorporated cities and towns, 
 shall be on the first Saturday in June of each year, at 2 
 o'clock in the afternoon except District No. 8 in New Cas- 
 tle County, where such meeting shall be held [from half- 
 past four to six in the afternoon. The place for such meet- Place 
 ing shall be the school house of the district, or, if there be 
 none, at some place appointed by the County School Com- 
 mission of the proper county. Such meeting shall be kept 
 open for at least one hour. Any number of voters present H( 
 shall proceed to business, and their acts shall be valid. 
 
 The order of business for such stated meetings shall be : 
 
 1. The appointment of a chairman and secretary. 
 
 2. The report of the old committee of the district, 
 and the appointment of a special committee to audit the ac- 
 counts. 
 
 3. The election by ballot, by a majority of the votes 
 cast, of one member of the school committee to serve for 
 the term of three years as a successor to the member whose 
 term shall at the time expire; provided, that at the first 
 stated meeting of any school district formed, laid out, or 
 created after the passage of the Act, there shall be elected 
 in the manner aforesaid, a clerk to serve for the term of 
 three years thereafter, and two commissioners, one for the 
 term of two years, and another for the term of one year, or, 
 in each case, until a successor be chosen; and the election 
 in like manner to fill all vacancies, or unexpired terms, occas- 
 ioned by death, or otherwise, of any member of said com- 
 mittee. 
 
 4. To resolve whether any sum above that required 
 to be raised by law, shall be raised for the ensuing year; 
 and, if it shall be resolved to raise such an additional 
 amount, to determine by ballot, by a majority of the votes 
 cast, whether such amount shall be raised by tax, or by 
 subscription. 
 
 A stated meeting may, after the appointment of a Adjourned 
 chairman and secretary, be adjourned; and the proceedings meetiugs 
 
20 
 
 of the adjourned meeting shall be of the same nature and 
 
 force, except as to a tax, as if had at the original meeting, 
 
 meef'nouo If the annual stated meeting shall not be held in any district, 
 
 p*T vert or if the school committee shall not then be elected, the 
 
 district shall not thereby lose the power to proceed, but 
 
 meetings, adjourned, occasional, or stated, may be held. 
 
 Occasional 
 meetings 
 
 Business 
 
 Duty of Sec- 
 retary 
 
 Fraudulent 
 entries 
 
 Penalty 
 
 Notice of 
 meetings 
 
 Neglect 
 Penalty 
 
 Notice in case 
 of no clerk 
 
 Vote for tax 
 
 Certificates 
 
 Delivering 
 
 Neglect 
 
 Occasional meetings of the school voters of a district 
 may be called by the school committee, by advertisement 
 stating the business of the meeting, and posted as required 
 for stated meetings. They must be held at the place where 
 stated meetings are held. At such meeting, any number of 
 voters present may transact any business mentioned in the 
 advertisements but no other. The secretary shall make a 
 note of the business mentioned in the advertisement, and 
 where and when they were posted ; these entries shall be 
 conclusive, unless proved fraudulent; and the making of 
 fraudulent entries shall be a misdemeanor, punishable by a 
 fine, not exceeding one hundred dollars. 
 
 It shall be the duty of the clerk of the district to give 
 noticeof stated and occasional meetings, by advertisements, 
 under hand, of the day, hour and place thereof, posted in 
 five or more public places of the district, at least five days 
 before the meeting; and if he neglects this duty he shall 
 forfeit and pay to th3 district ten dollars; but the want of 
 such notice shall not make the acts of the meeting void. If 
 there be no clerk, the commissioner or commissioners shall 
 give notice under the same penalty; and if there be no 
 member of the committee to give such notice, it shall be 
 given by the Clerk of the Peace, on application of five or 
 more of the school voters of the district. No vote respect- 
 ing a tax shall be taken at any other time than the stated 
 annual meeting, or the substitute therefor. Three certifi- 
 cates of the proceedings of every meeting of school voters- 
 shall be made and signed by the chairman and secretary; 
 one shall be delivered to the clerk of the district, one to the 
 Auditor of Accounts, and one to the Clerk of the Peace of 
 the County, to be kept as a public record. 
 
 If the chairman or secretary shall neglect his duty in 
 
21 
 
 this respect for the space of one month, he shall be deemed Penalty 
 guilty of a misdemeanor and fined fifty dollars. 
 
 If the certificates be not so delivered within one month, 
 the proceedings of the meeting shall be void, and the school certificates 
 committee in office, next before such meeting, shall con^ wh toact 
 tinue in office, so far as to call another meeting, and shall 
 proceed to do so by advertisements posted as required for 
 stated meetings. A statement that the proceedings of thence of 
 last meeting have not been duly returned, shall be sufficient statement of 
 statement of the business ; and at a meeting so called, the business 
 school voters shall have power to do an act which they could Powers 
 do at the preceding meeting; and the meeting shall 
 regulated by the law applicable to the preceding meeting, 
 and shall be a substitute therefor. 
 
 Immediately upon the election of commissioners in sin- 
 gle or united districts, or members of the Board of Educa- missioners 
 tion in Incorporated districts, the Secretary or Clerk of the 
 Commissioners or Board of Education, as the case may be, 
 shall transmit to the Clerk of the Peace of the proper county, 
 the names and addresses of the Commissioners or members 
 of the Board of Education elected for the ensuing year, 
 which names and addresses shall be furnished the superin- 
 tendent of public schools for the proper county, the State 
 Auditor and the Trustee of the School Fund, by said Clerk 
 of the Peace. 
 
 Section 15. The supervision and control of the 
 public schools in each district in this State now 
 ed or hereafter to be established under the provisions of 
 this Act (subject to the general powers hereinbefore vested 
 in the State Board of Education and the several County 
 School Commissions), shall be vested in a school committee 
 for each district; which shall be composed of a clerk and 
 two commissioners, who shall serve for three years from Term 
 the time of their respective elections, or~until their succes- 
 sors are duly qualified. The members of the said school ion 
 committees shall be chosen or elected as provided in Sec- 
 tion 14 of this Act. Before entering upon the duties of 
 their office, each member of said committee shall be sworn oath 
 
22 
 
 or affirmed to perform the said duties of his office with fidel- 
 ity. Any member of the new, or of a late committee may 
 duties" 8 administer such oath or affirmation. The powers and duties 
 of the school committee shall be: To determine the site r 
 lease or purchase the necessary ground, and build or pro- 
 cure a suitable school house for the district, which shall be 
 as near the centre of the district as practicable, and which, 
 when built or procured, shall not be removed nor another 
 built or procured without the direction of the school voters 
 of the district at a stated meeting; to keep the school 
 house in good repair and insure it against loss by fire, and 
 to supply it with necessary furniture and fuel, and to bring 
 action for any injury to it; to keep the school open for at 
 least one hundred and forty days in each school year; to 
 visit it at least once in each quarter of said school year; to 
 employ a ^teacher or teachers who shall be well qualified 
 mentally and morally for the position, provided, that no 
 teacher shall be so employed who does not hold the certifi- 
 cate of the County Superintendent for the proper county 
 for the year in which such teacher is employed, except 
 where such teacher is employed for specialist work merely 
 as set forth in Section 16 of this Act; to dismiss a teacher 
 for cause; to make regulations for the government of the 
 schools in which the expulsion of a scholar for obstinate 
 misbehavior may be provided; and to collect and receive 
 the money required by this Act to be raised by the district 
 in Sections 18 and 19 and to receive and collect all money 
 belonging to, appropriated, or resolved to be raised by the 
 district, and to apply and expend the same justly; to pay 
 over to the successor in office any balance remaining at the 
 expiration of the term of office; to make up the assessment 
 list of the district and to provide for the collection of all 
 school taxes, as set forth in Sections 18, 19 and 20 of this 
 Act; to perform the several duties required of its members 
 by Section 22 of this Act concerning free text books; to 
 settle the accounts of the district with the Auditor and post 
 copies of the same, as provided in this Act; to present the 
 account so settled as aforesaid, and make general report as 
 to the conditions of the school and the like and stating 
 when and for what length of time the school was visited 
 
23 
 
 by its members, to the school voters of the district attheir 
 annual stated meeting; to give the required notices of all 
 meetings of the school voters of the district as provided in 
 Section 14 of this Act; to institute any and all actions as 
 provided in Section 12 of this Act which may accrue to the 
 district; to perform the further and other duties set forth 
 in Section 16 of this Act; and generally to do all acts and 
 things requisite for affecting the premises. 
 
 The acts for a majority of the members of a school majority 
 committee shall in all cases be as valid and effectual as if 
 done by all. 
 
 Vacancies in the committee shall be filled by the school ho^finSi 
 voters of the district as provided in Section 14 of this Act. 
 
 The special duties of the clerk of each school commit- Duties of 
 tee shall be: 
 
 To give notice of meetings of the school voters of the 
 district as required by Section 14 of this Act; to perform 
 the several duties enjoined upon him by Section 22 of this 
 Act; concerning free text books, to keep a record book of 
 the district, in which he shall enter its bounds and descrip- 
 tion, and any changes therein, a copy of the certificate of 
 the proceedings of every meeting of the school voters, the 
 proceeding of the school committee, and the names of the 
 scholars attending the school, a list of whom shall be fur- 
 nished by the teacher, which book shall be evidence; and 
 shall also keep all papers belonging to the district, or to 
 the committee. 
 
 If any Commissioner or Clerk of any school district Migappropria , 
 shall misappropriate any funds in his hands belonging to tionoffund8 
 the school district in which he is such commissioner or 
 clerk, he shall be deemed guilty of a misdemeanor, and 
 upon conviction thereof, by indictment, shall be fined not Penalty 
 less than twenty dollars nor more than five hundred 
 dollars, together with the costs of prosecution, and upon 
 failure to pay such fine and costs, he shall be imprisoned not 
 less than three months nor more than two years. This 
 provision shall be deemed and taken to be accumulative, 
 and shall not affect or impair the individual liability of any 
 
24 
 
 such commissioner or clerk in any civil suit which may be 
 brought against him. 
 TO pay over The members of each school committee shall pay to 
 
 moneys to sue . 
 
 cessors their successors in office all money due from them, and if 
 
 penait for neglect to do so for ten days, they or any one of them, 
 
 neglect shall forfeit and pay twenty-five per cent on the sum due 
 
 in addition to the amount so due as aforesaid. 
 
 Nocompensa The members of the school committee shall receive no 
 
 salary or emolument, but for attendance before the auditor, 
 as provided in Section 26 of this Act, they shall be allowed, 
 in their account, one dollar each per day, and three cents 
 
 Allowance each per mile of necessary travel. 
 
 superintend Section 16. Each School Committee and each Board 
 
 fiedof selection ^ Education of every incorporated district, immediately 
 
 of teacher upon the selection of a teacher or teachers for any school 
 
 or schools under its supervision, shall notify the County 
 
 Superintendent for the proper county of such selection, 
 
 stating the name, addresses and salaries of such teacher or 
 
 teachers. 
 
 It shall be the duty of each School Committee and of 
 house 011 ' each Board of Education of incorporated districts to see 
 that a flag of the United States, not less than eight feet 
 long and six feet wide, is displayed on a suitable flag staff 
 with proper appliances upon each school building, or near 
 the same, in the district, during school hours. 
 
 Maps m It shall be the further duty of each of the said Commit- 
 
 tees and of said Boards of Education to see that at least 
 one proper and correct map of the United States, not less 
 than four feet long and three feet wide, and at least one 
 proper and correct map of the State of Delaware, not less 
 than three feet by two feet, are exposed to view in some 
 public and convenient place in each school house in the 
 districts. 
 
 ihylioiogyVnd ^ sna ^ ^ e ^ e father duty of each of said Committees 
 
 hygiene " a nd Boards of Education to see that all the pupils in all the 
 
 free schools in the district are instructed in physiology and 
 
 hygiene, with special reference to the effects of alcoholic 
 
 drinks, stimulants and narcotics upon the human system, 
 
25 
 
 and to see that all the said schools are sufficiently supplied 
 with such text books relating to such subjects as are fur- 
 nished the district in the distribution of free text books 
 hereinafter provided. Any teacher in any of the freeSSroct* 
 schools of the State, failing to so instruct all the pupils 
 under his governance, shall, unless ordered to the contrary 
 by a school officer having authority over him, be liable to a 
 fine of twenty-five dollars, to be recovered before any Pt 
 Justice of the Peace of the proper county by any informer, school officer 
 and any school officer ordering a teacher under him not to ?eacher g not to 
 instruct the pupils as aforesaid shall be liable to like fane, 
 recoverable as aforesaid by any informer. 
 
 It shall be unlawful for any School Committee of a di 
 trict, or any Board of Education of an incorporated dis-not holding 
 
 , . . certificate 
 
 trict, to employ as a teacher, or permit to continue to 
 teach, any person who does not hold an unexpired "certifi- 
 cate from the County Superintendent for the proper county, Exception 
 except such teacher be employed for specialist work merely, 
 such as drawing, music and the like, under penalty of 
 having withheld from the district in which such person is 
 employed or permitted to teach its share of the State ap- P 
 propriation for the year of such employment or teaching. 
 
 It shall be the farther duty of each School Committee instruction m 
 and Board of Education in this State to see that the f&pilaa.s.aildthe 
 in any class or classes in the school who are instructed in 
 United States history by the teacher employed in the school 
 shall also be instructed by the said teacher in the general 
 principles of the Constitution of the United States and that 
 of this State. 
 
 The respective School Committees of adjoining districts Joint or graded 
 shall have power to make such arrangements for the estab- sc 
 lishment of a school or schools for the joint benefit of the 
 children of such adjoining districts as they may deem pro- 
 per and advisable. 
 
 Every School Committee and every Board of Education Sanitary 
 in this State shall have power, and it shall be their duty, 
 to make any and all such rules and regulations governing 
 the pupils of the districts as they shall deem proper or nee- 
 
26 
 
 Vaccination 
 
 Admission of 
 pupils of other 
 districts to 
 higher 
 departments 
 
 Securing site 
 for school 
 house 
 
 Freeholders 
 
 Duty of 
 
 Notice 
 
 Plot, etc 
 
 essary to the health of such pupils, and the prevention of 
 the spread of contagious or infectious diseases, and to this 
 end may, if they d^em advisable, provide for_the free vac- 
 cination of such pupils. 
 
 The Board of Education of each incorporated school 
 district in this State may, and unless the needs of the pupils 
 residing in such incorporated district shall render it un- 
 advisable, shall, upon application, admit to the higher de- 
 partments of such incorporated schools advanced pupils 
 from other districts, upon such terms as the said Board of 
 Education shall deem proper and reasonable; and the school 
 committee of the district where the children so admitted 
 reside, may, in its discretion, allow the amount or amounts 
 prescribed by any such Board of Education for the admis- 
 sion of such pupils as aforesaid. 
 
 Section 17. In case the School Commissioners of any 
 school district shall not be able to procure by agreement 
 with the owner a lot of land suitable and proper for the 
 erection of a school house for the use of the district, it shall 
 and may be lawful for the said School Commissioners to 
 apply to the Levy Court of their county, who shall thereupon 
 appoint three judicious and impartial freeholders of said 
 county, residing without the limits of said school district, 
 to select a site for such school house and appurtenances, 
 not to exceed half an acre in any case. The said commis- 
 sioners shall, as soon as conveniently possible after the said 
 appointment, notify the said freeholders and fix a day 
 when they shall meet in said district to select such site, 
 and shall also give notice to the inhabitants of said dis- 
 trict of the time so fixed, by notices posted in five of the 
 most public places in said district at least ten days before 
 the day of meeting. The said freeholders shall, on the day 
 so fixed, proceed to the said district, taking with them a 
 surveyor, if necessary, and shall select such site as they 
 may deem most suitable for the purposes aforesaid, and shall 
 cause a plot and description of the same to be made out 
 and delivered to the commissioners, who shall, within thirty 
 days after such delivery, lodge the same in the Recorder's 
 office of the proper county, to be recorded. The said free- 
 
27 
 
 lolders shall also, at the time of selecting and locating the Assessment of 
 site, assess the damages of the owner or owners, taking da 
 into consideration all circumstances of convenience or in- 
 jury, but in making such assessment, they shall allow at least 
 the cash value of the land taken, and shall certify their 
 award to both parties, owners and commissioners, where- 
 upon, on payment of the damages, so assessed, the said 
 land so taken shall become and be the property of the 
 said school district for the purpose aforesaid. In case any 
 such owner or owners be a minor, non-resident, or from 
 any cause incapable of receiving, or unwilling, or neglect- 
 ing to receive said damages, the said School Commissioners 
 may deposit the same to the credit of such owner or own- Deposit of 
 ers, in the Farmers' Bank of the State of Delaware, or any damages 
 branch thereof, and such deposit shall operate as payment. 
 
 In case the said freeholders should fail to meet on the Failure to 
 day fixed, the commissioners may call them out again upon meel 
 like notice to the district, as above provided. The said Adjournment 
 freeholders shall have power to adjourn from time to time. 
 The decision of a majority shall be as valid as that of the Decisions 
 whole. 
 
 The fees of the freeholders shall be one dollar per day. Fee? and 
 All the expenses shall be borne by the district. 
 
 Section 18. It shall be the duty of the school commit- r> uty of school 
 tees of the several school districts for white children in the 
 State, to make assessment lists for their respective districts. 
 Such lists shall consist of the rates of persons of all the ment lists 
 white male inhabitants of the district over twenty-one years SSiVshow 
 old ; of the rates of the personal property of all the white 
 inhabitants of the district; of the rates of all the assessable 
 personal property within the district owned by any associa- 
 tion or corporation, and of the clear rental value of all the JJJJSJJy "able 
 assessable real estate within the district owned by white lotax 
 persons, associations or corporations. The personal prop- 
 erty of all white persons, associations or corporations, now 
 subject to tax for school purposes in the school district 
 shall be liable to assessment and tax for school purposes in 
 the school district only in which it is actually located; and 
 it shall be the duty of the school committee of the several 
 
28 
 
 Assessment 
 lists to be 
 made upon 
 personal 
 view 
 
 Shall only 
 include prop- 
 erty therein 
 
 Exemption 
 
 List of 
 Assessables 
 
 Lands in 
 two districts 
 
 Amounts to be 
 raised by taxa- 
 tion 
 
 New Castle 
 county 
 
 districts for white children as aforesaid within the limits 
 of this State, making the assessment lists for their respec- 
 tive districts, to place thereon the rates of the personal 
 property now subject to tax for school purposes in the 
 school district in which it has an actual location, irrespec- 
 tive o<: the residence of the owner thereof. The school com- 
 mittees of the several school districts within this State shall 
 not take the rates of personal property from the assessment 
 lists of the hundred in which it stands assessed at the time, 
 but shall fix the rates of personal property for their respec- 
 tive school districts upon personal view thereof, or other 
 sufficient information of the owners or persons having con- 
 trol of the same. The assessment list of each school dis- 
 trict as aforesaid, shall only include the personal property 
 actually located therein; provided, that no property shall 
 be assessed for school purposes under the provisions of this 
 Act, which is exempted from taxation for county pur- 
 poses. 
 
 They shall assess the clear rental value beyond reprises 
 of all the assessable real estate in the district, and make 
 out a list of the names of the persons assessed, in alpha- 
 betical order, the rates of persons, and of personal prop- 
 erty, number of acres, or other description of real estate, 
 and the clear rental value thereof. When the line between 
 two districts crosses the lands of person "occupied in one 
 body, the whole of such lands shall be assessed in the dis- 
 trict where the dwelling house is, and no part in the other; 
 provided that any tenant residing on such lands in an ad- 
 joining district, shall, at his election, commumcated in 
 writing to the school committee of such adjoining district, 
 at any time prior to the completing of the assessment list, 
 be only assessed, and have school privileges in the district 
 in which such tenant resides. 
 
 It shall be the duty of the School Commissioners in 
 each of the districts aforesaid, annually, in the month of 
 July, to assess and levy without regard to any vote thereon, 
 in each of their respective districts, that is to say: in each 
 of the school districts in New Castle County the sum of 
 one hundred dollars; in each of the school districts in Kent 
 
29 
 
 County the sum of one hundred dollars, and in each of the Kent county 
 school districts in Sussex County, the sum of sixty dollars, 
 to be applied to the support of the schools of their districts Su 
 respectively. 
 
 A copy of the assessment list shall be posted in some 
 public and suitable place of the district for inspection; and 
 the committee shall, by advertisement in at least five pub- 
 lic places in the district, give notice that said list is post- Notice 
 ed, and where; and of the day, hour and place (not less 
 than five days thereafter), of their sitting to hear objec- 
 tions to it. Upon such hearing, the said committee shall A ^ efllsjflp(I 
 make all such just corrections, and add anything omitted, correction! 
 The committee may adjourn if necessary. 
 
 The list, when settled, shall be conclusive, and shall Lj 8t ^ be con- 
 stand until the next assessment in the district when a new cl 
 list shall be made for each school district. And every year 
 the committee shall make proper additions and alterations Annual addi- 
 in case of other persons or property becoming assessable, 
 or being omitted, or in case of death or removal. 
 
 The proceedings of the committee shall not be ques- 
 tioned except for fraud or corruption. not i uestione<J 
 
 The several school committees selected shall, annually, .^""Jj^Jf. 
 on oath or affirmation revise and adjust the assessments of J us(ments 
 rental values in their respective districts so as to make 
 them bear a due proportion to each other, having regard to 
 their productiveness to their several owners. 
 
 As soon as said assessments have been so adjusted, it Notice of a?- 
 shall be the duty of the clerks of the several districts tOmmidrat* 
 direct a letter to the address of each non-resident whose 
 rental valuation has been assessed in any district, stating 
 the amount of his or her rental valuation in any of said 
 districts, and the day and hour when the school committee 
 will sit as a Court of Appeal to hear any objections that 
 may be made to said assessments. 
 
 Section 19. All the provisions of Section 18 of this Act Provisions to 
 
 apply to col 
 
 concerning the making of asssessment list, shall apply toored schools 
 the several school committees to be elected in the several 
 districts for colored schools, to be laid out and created 
 
30 
 
 )ls 
 
 N.C. 
 
 Determination 
 of rate of tax 
 
 under the provisions of this Act, except that the word 
 "colored" shall, in regard to said committees for said 
 colored schools, be deemed and taken to be inserted in the 
 place and stead of the word ' 'white/' where the latter word 
 ) appears in said Section 18; and except further, that the 
 sum to be raised by said committee for said districts for 
 colored schools by levy and assessment in each of said 
 districts without regard to any vote thereon, shall be the 
 sum of fifty dollars for each district situated and being in 
 either of the Counties of New Castle and Kent, and the 
 Kent counties sum O f thirty dollars for each district situated and being 
 in the County of Sussex instead of the several sums or 
 
 Sussex County .,, , . . , , . 
 
 amounts specified in said Section. 
 
 Section 20. Upon the completion of the assessment and 
 levy of the school tax in the school districts in this State 
 by the respective school committees, as provided in Sections 
 18 and 19, each school committee shall determine the rate 
 on every hundred dollars cf the amount of the assessment 
 list required to raise the sum levied with ten per centum 
 added thereto for delinquencies and costs of collection. 
 After determining the rate as aforesaid, it shall and may 
 be lawful for each of said school committees to accept and 
 receive the tax of each and every person liable to pay the 
 same, who shall tender the payment thereof before the tenth 
 day of August in the year in which said tax shall be levied, 
 and the committee shall allow to every person so paying his 
 tax within said time, an abatement of eight per cent, upon 
 said tax. 
 
 It shall be the duty of each of said school committees, on 
 the tenth day of August in each year, or as soon thereafter 
 as practicable, to execute and deliver its warrant with dup- 
 licate of the uncollected assessment list to a collector spec- 
 ially appointed by the school committee or to the collector 
 of county taxes for the hundred or districts in which said 
 school districts maybe situated and the said collector shall 
 be, and he is hereby required to accept the same and collect 
 the taxes thereon assessed. 
 
 ; f To execute said warrant, the said collector, shall proceed 
 
 collector in the manner, and have all the powers of a collector of 
 
 Committee 
 may receive 
 tax until 
 August 10 
 
 Abatement 
 
 Warrant and 
 duplicate 
 
 Delivery of 
 
31 
 
 county taxes; and it shall be and may be lawful for any 
 school tax collector, after demand made by him for the pay- 
 ment of the tax assessed against any inhabitant of the 
 school district for which he is collector, and the failure of 
 said taxable to pay the same on said demand, to give writ- 
 ten notice to any person residing in the county wherein said 
 district is located, whom he may suppose to have in his At 
 possession any goods or chattels, rights or credits, moneys 
 or wages belonging or owing to said taxable, stating the 
 amount of taxes due from said delinquent taxable, and if 
 the person so served with notice shall fail to deliver such 
 goods and chattels, or to pay so much money or wages in 
 his possession as shall satisfy said school tax due from said 
 delinquent, said collector may proceed by suit in the name suit 
 of the school district before any Justice of the Peace in said 
 county, against any person so notified as aforesaid, and re- 
 cover against him a judgment for the amount of said tax of 
 said delinquent with costs, or for so much thereof as may 
 be equal to the value of the goods and chattels, rights and 
 credits, moneys and wages in his hands at the time of ser- 
 vice of said notice, or any time between then and the rendi- 
 tion of said judgment. 
 
 The warrant aforesaid may be in the following form: 
 
 " School district No. in -- - County, - County, ss. |^ aof war - 
 The State of Delaware: To the collector of - 
 
 We command you to collect from the respective persons 
 named in the annexed duplicate, the rate of - - on every 
 hundred dollars of the amount with which they respectively 
 stand assessed, according to said duplicate; and if any of 
 said persons shall not, in ten days after demand pay the 
 sum which you are required to collect from him, you are 
 authorized to proceed in the manner and use all the means 
 provided by law for the collection of county rates. 
 
 Given under the hands and seals of the subscribers, 
 members of the School Committee of the district aforesaid, 
 the - - day of - - A. D., 18-. " 
 
 If any collector of a hundred or of a district refuses to Refusal of coi- 
 
 , . , . -I i f -i lector to act 
 
 receive and execute a warrant directed to him as aforesaid, 
 
32 
 
 Penalty 
 
 Executor or 
 adm. to act 
 
 Evidence of 
 demand 
 
 Removal or 
 death of 
 taxable 
 
 Suit 
 
 Time in whic 
 to collect tax 
 
 Neglect to ppy 
 over tax 
 
 Suit 
 
 School 
 property 
 exempt from 
 tax 
 
 S(h"iols to be 
 free 
 
 Age of child 
 
 he shall forefeit and pay to the school district affected the 
 sum of one hundred dollars. 
 
 The executor, or administrator, of a collector, may 
 execute the warrant, and shall have all his powers. 
 
 The oath of the collector, or of his executor or adminis- 
 trator, shall be competent evidence of the demand; and no 
 demand shall be necessary in case of a non-resident of the 
 district. 
 
 If a person, liable to pay a rate, removes from the dis- 
 trict, or dies without payment, it shall be deemed a debt 
 due the collector, and may be recovered by suit before a 
 Justice of the Peace. Any collector appointed as afore- 
 said, or to whom a warrant has been directed as aforesaid 
 shall within thirty days after receiving the warrant, pay to- 
 the school committee the amount which he is required to 
 collect, deducting delinquencies to be allowed by them, and 
 his fees, at the rate of ten per cent, on the sum collected 
 when it does not exceed fifty dollars, and eight per cent, 
 when it exceeds that sum; and every collector of a hundred 
 or district, and his sureties, by virtue of his official bond, 
 shall be liable thereof for every failure of duty and default 
 in the premises; which bond shall be proceeded on at the 
 instance of the school committee of the district aforesaid, 
 If any collector shall neglect to pay to a school committee? 
 the money collected by him on the warrant of its members, 
 and due, such a committee may, if the amount does not 
 exceed two hundred dollars, sue him in the name of the 
 district before a Justice of the Peace, and recover the 
 same. 
 
 Section 21. All public school grounds and all public 
 school buildings and appurtenances, maintained at public" 
 expense, within this State, shall be exempt from county, 
 town, municipal, water, street, sewer, and all other taxes. 
 
 Section 22. The schools in the districts for white* 
 schools shall be free for all the white children of the dis~ 
 trict (and the schools in the districts for colored schools* 
 shall be free for all the colored children of the district) of 
 six years of age or over; provided that any district in the 
 
33 
 
 State, including those incorporated, and including the city 
 of Wilmington, may establish a kindergarten, which shall, 
 or may be free for all the white or colored children (as the 
 case may be) of the district of the age of four years or 
 over. 
 
 No discrimination against any taxable of any district 
 shall be made by the school committee of the district, by 
 a rate, charge, or apportionment, based upon the atten- 
 dance at the schools of the district of the child or children 
 of such taxable. 
 
 Section 22J. Each school committee of the trustees of Textbook* 
 each school district or districts in the State, outside the 
 City of Wilmington, shall furnish the necessary text books 
 free to all the pupils, including colored children, enrolled Free 
 in the free public schools of the State, in the manner fol- 
 lowing: 
 
 The school commissioners or trustees shall order from Ordering . 
 the publisher or publishers the books which have been 
 adopted by the State Board of Education for use in the free 
 schools of the State, at the net contract prices at which 
 the publishers have agreed to supply the same, as follows: 
 
 There shall be a blank order book prepared by the State 
 Treasurer for the use of the school commissioners, which 
 shall contain duplicate order blanks, with a printed list of 
 the books which have been adopted by the State Board of 
 Education, and the net contract prices at which the pub- 
 lishers agree to furnish the same. 
 
 Duplicate order shall be filled out and signed by at Dup ] icate * 
 least two of the school commissioners, or, in case of united 
 or incorporated districts, by the president and secretary of 
 the school board, one of these orders shall be forwarded to 
 the State Treasurer to be forwarded to the publisher or 
 publishers, and the other shall be kept as a stub in the or- 
 der book as a voucher. 
 
 The State Treasurer, on receipt of an order or orders Duty of state 
 from the school commissioners, shall make an entry of t 
 amount of the order or orders against the district or dis- 
 tricts in a book kept for that purpose, and shall forward the 
 
34 
 
 Payment fur 
 books 
 
 Distribution of 
 
 Safe keep'ng 
 of books 
 
 Selling books 
 
 Clerk to 
 deliver books 
 to successor 
 
 Safe keeping 
 of books 
 
 order or orders at once to the publisher or publishers, 
 requesting them, on receipt of the order or orders, to ship 
 the books as directed at the contract prices named, and 
 send duplicate invoices or bills for the same, one to the 
 State Treasurer and the other to the clerk of the district to 
 which the books are consigned. 
 
 The State Treasurer shall pay to the publisher or pub- 
 lishers out of the school fund of the State for books thus 
 supplied, and charge the amounts so paid to the respective 
 districts ordering said books, and deduct the same 
 from the amount to which such district or districts may 
 be entitled as in this Act provided. The State Treasurer 
 shall pay no bills for at least thirty days from the time any 
 such are rendered, in order that he may be notified by the 
 school commissioners of any error or failure on the part of 
 the publishers to supply the books as ordered and directed, 
 or as billed. 
 
 It shall be the duty of the clerk of each school district 
 or districts to distribute the books received, as aforesaid, to 
 the scholars of the district or districts, or their parents, 
 guardians, or other persons as they may desire, upon re- 
 ceipt for the same. 
 
 The clerk of the district or districts shall be responsi- 
 ble for the safe keeping of the books furnished him as 
 aforesaid, and also for prices of books sold, as hereinafter 
 provided, to parents, guardians, scholars or other persons. 
 Any money, or the value of the books which such clerk 
 shall fail to account for according to law, may be recover- 
 ed in the name of the State by the County Superintendent 
 before a Justice of the Peace, as other accounts, when the 
 amount does not exceed the sum of two hundred dollars. 
 The said clerk shall, at the expiration of his term of office, 
 turn over to his successor in office, all books on hand, and 
 take a receipt for the same which shall be his voucher in 
 settlement. 
 
 It shall be the duty of the school commissioners to pro- 
 vide for the safe keeping and care of the books which shall 
 be returned by the pupils at the close of the annual school 
 
35 
 
 term to the clerk of the district, or to such other person as 
 the school commissioners shall designate. They shall also 
 keep a separate account of the amount expended for books, 
 and shall report it under a separate item in the annual set- 
 tlement required aforesaid. 
 
 The school commissioners may furnish books at cost to sji* of books 
 pupils who wish to replace books lost or willfully destroyed, 
 or who may wish to own their books; and shall return the 
 proceeds of all such sales into the school fund of the dis- 
 trict, and report the amount at the time of the annual set- 
 tlement with the State Auditor aforesaid. 
 
 It shall be the duty of every teacher in the free pub- Reports of 
 lie schools of the State, to make out and hand to the com- commis^oners 
 missioners of the district, at the end of each quarter, a re- 
 port setting forth the whole number of pupils attending 
 the schools during the quarter, designating whether male 
 or female, the number of days each has attended, and an 
 inventory of the books in the school belonging to the dis- 
 trict, stating by whom such books are held, their condition, 
 and the number of, and by whom books have been destroyed. 
 Until such report shall have been made, it shall not be law- 
 ful for the commissioners to pay such teacher his salary. 
 The reports made in pursuance herewith shall be forwarded 
 annually, in the month of April, by the clerks of the seve- 
 ral districts to the County Superintendent for the proper 
 county. 
 
 The State Treasurer shall be allowed five hundred dol- Allowance to 
 lars annually for postage, 'stationery, clerical assistance, st 
 and the like to carry out the provisions of this Section, 
 and is authorized to pay out of the general fund of the 
 State, the amount necessary to print order books sufficient Expenses 
 to supply one to each district in the State. 
 
 Section 23. The general superintendence of all the county super- 
 free public schools in each of the counties of this State intendenl 
 shall be vested in a Superintendent of Schools for each 
 county. 
 
 On the second Tuesday in July, A. D. , 1898, the Gov- Appointment 
 ernor shall appoint one suitable person to be Superintendent 
 
36 
 
 of Schools for New Castle County, one suitable person to be 
 Superintendent of Schools for Kent County, and one suit- 
 able person to be Superintendent of Schools for Sussex 
 County, whose terms of office shall expire on the second 
 Tuesday in July, A. D., 1899. On the second Tuesday in 
 February, A. D., 1899, the Governor shall appoint a suit- 
 able person to be superintendent of Schools for each of the 
 Counties of the State, whose term of office shall be for two 
 years, or until his successor is duly qualified, and such ap- 
 pointment be made biennially thereafter, and whose duties 
 shall begin on the second Tuesday of July following his ap- 
 pointment. He shall be entitled to a salary of one thousand 
 dollars, payable quarterly, for each year that he continues 
 to hold said office. 
 
 Qualifications He shall be a person of good moral character and well 
 qualified mentally and morally to perfom the duties of his 
 office. He must have had at least twenty months' experi- 
 ence as a teacher; must at the time of his appointment 
 hold a certificate of graduation from some reputable col- 
 lege, or normal school, or an unexpired certificate of the 
 highest grade granted to teachers in this State; and must 
 become a resident of the county for which he is appointed, 
 after such appointment, and must continue a resident 
 therein during his term of office. He shall not, during his 
 term of office, engage in any other profession or vocation; 
 nor shall he have the right to constitute deputy or deputies 
 to perform any of the duties herein assigned to him. 
 
 It shall be the duty of each of the said superintend- 
 ents to advise with the teachers in all the free schools 
 under his supervision, and to strive to assist them in their 
 tasks; to see that improved methods of instruction and 
 discipline are introduced in the schools, and to create a 
 general interest in, and give a clearer knowledge to the 
 people of his county, of schools and school systems. To- 
 this end, he shall visit each school in his county at least 
 once in every year, each visit to be of at least two hours' 
 duration; to attend at each stated meeting of the County 
 School Commission of his county, and at each stated meet- 
 ing of the State Board of Education, and make such report 
 
37 
 
 concerning his work and the condition of the schools as the 
 said Commission or State Board shall require. He shall 
 execute all such reasonable orders as the State Board of 
 Education shall give him; shall make the collection of and 
 report concerning school satistics in his county, a special 
 part of his work ; and generally shall do all matters and . 
 things proper and necessary for the interest and advance- 
 ment of education in the free public schools of his county. 
 
 Each of said superintendents shall have power to sus- Powers 
 pend and withdraw any teacher's certificate upon his re- 
 fusal to comply with the reasonable directions made to such 
 teacher by the said superintendent, subject to the right of 
 appeals as hereinbefore provided. He shall note in a book 
 to be kept for that purpose, the number of scholars, the 
 condition of the school buildings, grounds and appurte- 
 nances, the qualifications of the teachers, the conduct and 
 the standing of the scholars, the methods of instruction, 
 and the discipline and government of each school; such 
 book must be delivered by him at least once in every year 
 to the County School Commission of his county, at one of 
 its stated meetings, and to the State Board of Education at 
 one of its stated meetings, for inspection and reference, Duties 
 and may be called for by either of said bodies at any time. 
 
 Each of said superintendents shall frame a set or sets Examinations 
 of examination papers when and as often as he shall be di- qb 
 rected so to do by the State Board of Education ; and shall 
 compile a list of text books when so directed by said State Text books 
 Board; he shall conduct the examinations of all teachers 
 in his county; the time and place for such examination 
 
 ,,,,. ,, .. .,, Examinations 
 
 or examinations to be fixed by him in conformity with 
 the directions of the State Board of Education, or, 
 if no such directions be given, to be determined by said 
 superintendent, having due regard to the convenience 
 of the teachers and the schools, such examination to be Free 
 free to all, provided that separate examinations for 
 applicants to teach in schools for colored children shall be 
 maintained. He shall make and sign a certificate to each certificates 
 person passing such examination as hereinafter provided; 
 and he may countersign the certificate of a teacher made 
 
38 
 
 Countersign- 
 ing 
 
 Teachers' In- 
 stitute 
 
 Require me nls 
 for profession 
 al certificate 
 
 Chapter 112, 
 Volume 22 
 
 Requirements 
 for first grade 
 certificates 
 
 Chap. 112 
 Vol. 22 
 
 Requirements 
 for second 
 grade certifi- 
 cates 
 
 and signed by a County Superintendent in one of the 
 counties of the State other than his own, which certificate 
 so countersigned, shall entitle the holder to teach; and shall 
 hold and attend the Teachers' Institute in his county once 
 in every year as hereinafter provided. 
 
 Section 24. Every person who is of good moral char- 
 acter, and who shall answer, at the examination given by 
 the Superintendent for free schools as hereinbefore pro- 
 vided, ninty per centum of the questions asked in orthog- 
 raphy, reading, writing, mental arithmetic, written arith- 
 metic, geography, physiology and hygiene, with special 
 reference to the effects of alcoholic stimulants and narcot- 
 ics upon the human system, history of the United States, 
 the Federal and the State Constitutions, pedagogy, and 
 English grammar; and seventy-five per centum of the ques- 
 tions asked in algebra, geometry, physics, natural philoso- 
 phy and elements of rhetoric, and seventy-five per centum 
 of the questions asked upon such other branches and sub- 
 jects as the State Board of Education shall direct to be in- 
 cluded in such examinations; shall receive from the super- 
 intendent a professional certificate which shall be good for 
 ten years, unless sooner revoked as hereinbefore provided. 
 
 Every person who is of a good moral character, and who 
 shall in examination, answer ninety per centum of the 
 questions asked in orthography, reading, writing, mental 
 arithmetic, written arithmetic, geography, phyisology and 
 hygiene with special reference to the effect of alcoholic 
 stimulants and narcotics upon the human system, history 
 of the United States, the Federal and the State Constitu- 
 ions, pedagogy and English grammar, and seventy-five per 
 centum of all the questions asked on such other subjects or 
 branches as the State Board of Education shall direct to be 
 included in the examination; shall receive from the super- 
 intendent a first grade certificate, which shall be good for 
 five years unless revoked as aforesaid. 
 
 If any person shall fail to answer ninety per centum of 
 the questions asked in the branches specified for first grade 
 certificates, but shall answer at least seventy-five per 
 centum thereof, and shall also answer seventy-five per 
 
39 
 
 centum of all the questions upon the other subjects or 
 branches directed by the State Board as aforesaid, he shall 
 receive from the superintendent a second grade certificate, 
 which shall be good for two years, unless revoked as afore- 
 said. 
 
 (Paragraph repealed by Chapter 112, Volume 22.) 
 
 Every teacher in the free public schools of the State, 
 including those employed in incorporated districts, shall 
 attend at each day's session of the Teachers' Institute held 
 in the county in which he is employed, unless excused from 
 so doing by the committee or Board of Education employ ing E *cuse 
 him; and no such excuse shall or may be given except for 
 sufficient cause. No committee or Board of Education shall 
 make any reduction or deduction in the salary of a teacher No reduction 
 on account of absence from school while attending such in- in pay 
 stitute. 
 
 The salaries of teachers in the free public schools of salaries of 
 the State shall be paid quarterly at least. 
 
 Every teacher in the free public schools in the State Annual report 
 shall, anually, make and send to the State Board of 
 
 tion, through any of its members, during the month of May 
 in each year, a statement of the number of pupils in at- 
 tendance in his school, and the number of full days in at- 
 tendance by each pupil, and the number of children, accord- 
 ing to his best estimate, residing in the district, over the 
 age of four years, not attending any school whatever, how 
 many full days the school in which he teaches has been 
 open and ready for instruction of pupils during the year, 
 and how often, and for what length of time, the school was 
 visited during the year by each member of the committee 
 or Board of Education of the district, and by the county 
 superintendent. Such statement shall be verified by the Affidavit to 
 affidavit of the teacher making it, before any Justice of the 
 Peace of the county; the fees of the justice in such matter 
 shall be a debt of the district, and shall be paid accordingly. 
 In the case of graded schools the principal alone may make 
 the statement. 
 
40 
 
 S > ^un f ty report A copy of said statement shall also be transmitted by 
 Siss?on cora " every school teacher as aforesaid and at the time aforesaid, 
 
 certificates 
 
 
 to the County School Commission 
 through any of its members. 
 
 of the proper county, 
 
 duty of the County School Commission, 
 and also the State Board of Education, to report the neg- 
 lect, omission or failure on the part of any teacher in any 
 district, including incorporated districts to make the state- 
 ment at the time and in the manner aforesaid, to the proper 
 superintendent, and thereupon the said superintendent shall 
 have the power, and it shall be his duty, to suspend the 
 certificate of such teacher until a complete and correct 
 statement jAforesaid shall have been made by such teach- 
 
 er. V 
 
 ^ n case anv applicant for a certificate shall be refused 
 one by the County Superintendent on the ground that the 
 said applicant has failed to answer the per cent, of the 
 questions asked in the examination, as hereinbefore in 
 this section provided, such applicant shall, if he desires to 
 appeal to either the State Board of Education or the proper 
 County School Commission, have the right to require that 
 said superintendent shall exhibit a copy of the questions 
 submitted at such examination, together with the answers 
 be given by said applicant, when such answers were written; 
 provided that the appeal be made at the stated meeting 
 next following said examination. 
 
 Section 25. It shall be the duty of the superintendent 
 of free schools for each county in the State, to hold in his 
 county a teachers' institute for the teachers in the free 
 public schools for white children under his supervision, at 
 least once in every year, and of at least three days' session. 
 
 Appropriation 
 
 i5o for each 
 
 To defray the expenses of the said institute, the State 
 Treasurer shall, upon the draft of the County Superintend- 
 ent, pay to the said superintendent, out of the general 
 fund of the State, one hundred and fifty dollars to be ex- 
 pended by the said superintendent for the institute in his 
 county, and for no other purpose. 
 
41 
 
 It shall be the duty of the said superintendent to 
 present at each day's session of the institute in his county, 
 and to do all in his power to inform the teachers under his 
 superintendence, by his own advice and suggestions, and 
 by the advice and sugggestions of professional educators 
 whose services he can secure, of the most improved and ad- 
 vanced systems of instruction and discipline. 
 
 Each of said superintendents shall, during the year, 
 appear before the State Auditor and make settlement with 
 him of all the moneys so expended by him for the institute 
 in his county, and shall pay over to him all unexpended 
 balances in hands. 
 
 The State Auditor shall issue to the Coui^^Superin- 
 tendent for Kent County, in the month of OctojJ^in every 
 year a warrant for the payment of the sum of one hundred 
 and fifty dollars for the support and maintenance of the v 1<22 
 Delaware Colored Teachers' State Institute. 
 
 The State Treasurer shall pay, out cf the general fund Payment 
 of the State, to the said superintendent the said sum of chap 116) 
 one hundred and fifty dollars upon the presentation of the vo1 22 
 warrant of the State Auditor aforesaid. 
 
 It shall be the duty of said Superintendent to make 
 arrangements for said Institute and to be present at eachbfii's 
 day's session, and to do all in his power to inform the said 
 colored teachers by his own advice and suggestions and by^ a 
 the advice and suggestions of professional educatorsvoL22 
 whose services he can secure, of ihe most improved and 
 advanced system of instruction and discipline. 
 
 As soon as possible after the close of the said institute, 
 the said Superintendent shall present his accounts and 
 vouchers to the State Auditor for settlement and pay over 
 any unexpended balance of said appropriation to the State 
 Treasurer. 
 
 Section 26. The State Auditor shall between the 
 day of July and the first day of September in each year, jchooi commit- 
 settle the accounts of all the school committees of the State. 
 For this purpose, every such committee shall, under g^ y for 
 penalty of forfeiting to the district twenty-five dollars for 
 
42 
 
 May compel 
 them 
 
 What settle- 
 ment must 
 show 
 
 When auditor 
 shall ref^e 
 to settle 
 
 Consequence 
 of refusal 
 
 neglect, appear with its accounts and vouchers before him 
 when he shall attend in the county for that purpose, 
 whereof he shall give notice. He may compel them, by 
 attachment, to appear and settle. The settlement shall show 
 how long school was kept in the district, the compensation 
 of the teacher, and the number of scholars; the sum raised, 
 the sum drawn, and the sum expended; all of which shall 
 be stated in the Auditor's report to the General Assembly. 
 
 In case any school committee shall have failed or neg- 
 lected to make proper return upon the blank forms furnish- 
 ed it by the State Board of Education, as provided in this 
 Act, or in case the schools in the districts for which the 
 committee acts have not been kept open for the time speci- 
 fied in Section 15 of this Act, the Auditor shall refuse to 
 settle the accounts of such committee; and if, in conse- 
 quence, settlement of any account shall not be made during 
 his attendance for that purpose, the school committee shall 
 incur the forfeiture by this Section provided, and there 
 shall be the same liabilities and consequences as if it had 
 failed to appear. 
 
 If any committee shall fail to appear and settle with 
 the Auditor, or if, on such settlement, it appears that it, 
 or any of its members, has misapplied, or does not account 
 for the money received by it, or with which it is charge- 
 able, the Auditor shall make known the facts by letter, 
 addressed to the Chairman and secretary of the last stated 
 meeting. 
 
 Section 27. The money appropriated by the General 
 Assembly for the benefit of the free public schools, for 
 each year, together with the income of the investments 
 of the public school fund as it was constituted by law at 
 the time of the passage of this Act, shall constitute the 
 school fund for the year. 
 
 The State Treasurer shall, by virtue of and during the 
 continuance of his office, be the trustee of the school fund, 
 and shall annually in the month of September apportion 
 
 Apportion 
 
 mentoffund said fund among the several counties of this State, and 
 distribute each county's share of said apportionment among 
 
 Notice of fail- 
 ure to settle or 
 to account 
 
 School fund 
 how consti- 
 tuted 
 
 Trustee of 
 School fund 
 
43 
 
 the school districts of the county; such apportionment and 
 such distribution to be made in the manner and according 
 to the same rules as prescribed and provided for the appor- 
 tionment of the school fund by the laws of this State which 
 were in force and operation at the time of the passage of 
 this Act, except special Acts or parts of Acts, referring to \ 
 the distribution of the school fund to particular districts, / 
 and such laws, so far as they affect the apportionment and 
 distribution of the school fund, shall be, and are hereby 
 continued in full force and operation ; the amount appro- 
 priated by the General Assembly to be apportioned and 
 distributed in the same manner as the fees for licenses, 
 forming a part of the old school fund were apportioned and 
 distributed prior to the passage of this Act. Provided, 
 however, that in the distribution of each county's share of 
 said school fund, among the school districts of the county, 
 no discrimination shall be made between the districts for 
 white schools, and the districts for colored schools to be 
 created and laid out under the provisions of this Act but 
 each of said districts for colored schools shall be deemed 
 and taken by said Trustee of the School Fund to be on the 
 same basis and entitled to the same provisions as any dis- 
 trict for white schools in the same county. The distribu- 
 tion by the Trustee of the School Fund to several school 
 districts as aforesaid, shall be in the following manner: 
 He shall place the amount due the respective districts to 
 the credit of the said respective districts in the Farmers' 
 Bank of each of the counties in which the districts are 
 severally situated; he shall then furnish the commissioners 
 or Board of Education of each single, united and incorpor- 
 ated district with blank drafts, numbered consecutively, Drafts 
 in the following form: 
 
 No. . 
 
 Form of 
 
 School District No. - County, Delaware. 
 
 The Farmers' Bank of the State of Delaware pay to 
 or order - - dollars, being salary due the payee, as 
 teacher, for the - - ending the day of A. D., 
 
44 
 
 18. Charge same to the account of School District 
 No. - - County. $ . 
 
 Commissioners of District No. County 
 
 Clerk of District No. - - County. 
 
 Drawing fund The money thus deposited in the Farmers' Bank of the 
 State of Delaware to the credit of the respective districts, 
 shall be drawn out only upon the presentation of drafts as 
 aforesaid, made payable to the teacher of the school of the 
 district, signed by a majority of the commissioners or 
 Board of Education, as the case may be, attested by the clerk 
 of the district, and endorsed by the teacher to whose order 
 * S mac ^ e P a y a kl e - Such drafts made by the commission- 
 
 sofue 
 
 se ers as aforesaid, shall be for the salary due the teacher, 
 
 and for no other purpose; but no teacher employed in any 
 free school in any single district thai is not incorporated 
 Limitof salary in this State, shall be paid from the school funds of this 
 ' State apportioned to the district and deposited as afore- 
 said, a salary exceeding forty dollars per month. 
 
 It shall be the duty of the Trustee of the School Fund, 
 ovorln Sends * n making the apportionment among the school districts as 
 of districts hereinbefore provided, in the month of September, in every 
 year, to ascertain from the settlements of the State Audi- 
 tor with the several districts of this State, made in the 
 months of July and August preceding, as hereinbefore pro- 
 vided, the amount or amounts of money each district may 
 have in hand that has been received from the State, and 
 raised by taxation as required by this Act, and is unex- 
 pended at the end of the school year next preceding. He 
 shall then deduct and retain from the sums or apportion- 
 ments to which such districts are respectively entitled in 
 the distribution of the school fund of the State, amounts 
 equal to that which, from the State Auditor's settlement 
 aforesaid, appear to be respectively unexpended in the 
 hands of the commisisoners or clerks of the districts afore- 
 said, and place the balance of the apportionments or 
 amounts to which the districts are respectively entitled 
 
45 
 
 as aforesaid to the credit of the said districts in the man- 
 ner provided elsewhere in this Act. Provided, however, Proviso 
 that should any district raise by taxation more money than 
 that district is by this Act required to raise in order to be 
 entitled to receive its apportionment of the school fund 
 aforesaid, such amount that is in excess of the amount re- 
 quired by this Act to be raised by taxation as aforesaid, 
 shall not be charged against or be deducted from the ap- 
 portionment for such district, but the amount so in excess 
 as aforesaid, shall be retained by the districts raising the 
 same, to be therein applied. The amounts retained by the JSSSSJ 
 trustee of the school fund, and deducted as aforesaid from deducted 
 the apportionment of the districts having in hand money 
 unexpended at the end of the year, in excess of the 
 amounts required to be raised by taxation aforesaid, shall 
 be by said trustee of the school fund placed to the credit of 
 the county in which the districts having moneys unex- 
 pended as aforesaid are respectively situated, and be reap- 
 portioned among the districts of the county entitled there- 
 to. 
 
 No school districts in this State shall be entitled to *$%$ tax be 
 share in the apportionment of the school fund for any year, JSiffiS fo title 
 nor shall the trustee of the school fund deposit any amount fund 
 during the year to said district's credit, as hereinbefore 
 provided, unless it shall appear from the settlement of the 
 school committee of such district with the Auditor then 
 next preceding the time of such apportionment, that said 
 district has raised by taxation or subscription, the sum of 
 one hundred dollars, if said district is situated in either of 
 the counties of New Castle or Kent, or sixty dollars, if in New castie 
 
 j> rx ii County 
 
 said districts are situated in the county of Sussex; in the 
 case of districts for white schools, or fifty dollars if said Kent county 
 district is situated in either of said counties of New Castle guggex Count 
 or Kent; or the sum of thirty dollars if said district is 
 situated in said county of Sussex, in the case of districts colored 
 for colored schools. 
 
 Section 28. Nothing in this Act shall be deemed orReappoint- 
 taken to prevent the reappointment or re-election of any Section o? 
 
 * . . . ... A school officers 
 
 school officer mentioned in this Act. 
 
46 
 
 Section 29. All the provisions of the school laws of 
 m force this State which were in force and operation at the time 
 of the passage of this Act, providing penalties and for- 
 feitures for the nonfeasance, misfeasance or malfeasance 
 of any person whomsoever, shall and are hereby continued 
 in full force and operation so far as to apply to any such 
 non-doing, mis-doing, or wrong-doing occurring prior to 
 the passage of this Act, 
 
 Law applicable Section 30. All the provisions of this Act, where not 
 inconsistent with the provisions of the several acts incor- 
 porating the respective incorporated districts in this State, 
 shall apply to such incorporated districts; and where any 
 provision of this Act is expressly made applicable to incor- 
 porated districts, such provision shall apply to such dis- 
 tricts, whether inconsistent or not. 
 
 Section 31. None of the provisions of this Act shall 
 be deemed or taken to affect or in anywise alter the rights, 
 privileges and immunities belonging, at the time of the 
 passage of this Act, to the free schools in the City of Wil- 
 mington, including those for colored children in said city. 
 
 Section 32. All Acts and parts of Acts vesting in the 
 school committees, trustees, or boards of education of cer- 
 tain particular school districts the power to raise and col- 
 lect, without regard to any vote thereon, amounts in ex- 
 cess of those provided by this Act, are hereby continued 
 in full force and operation. 
 
 Section 33. All Acts and parts of Acts inconsistent 
 with this Act are hereby repealed. 
 
 Approved May 12, 1898, with all. subsequent amend- 
 ments. 
 
 Not, to affect 
 Wilmington 
 Schools 
 
 Certain laws 
 continued 
 
47 
 
 AMENDMENTS TO THE SCHOOL LAWS. 
 
 CHAPTER 219, VOLUME 21. 
 
 OF FREE SCHOOLS. 
 
 AN ACT Providing Graded School Facilities for the Children of the State. 
 
 Whereas, There are a number of School Districts in 
 this State in which no graded schools exist, whereby the 
 children of such districts are deprived of many of the ad- 
 vantages of a common school education enjoyed by the 
 children in other districts; 
 
 And Whereas, such districts are contiguous or close 
 to other districts in which free graded schools are now 
 established and maintained, wherein the children of such 
 first mentioned districts might receive all the advantages 
 afforded by graded schools without impairing the rights and 
 privileges of the children now attending such schools, if 
 permitted so to do without extra cost and expense; now 
 therefore 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met : 
 
 Section 1. That from and after the passage of 
 Act, it shall be the duty of the State Board of Education, 
 and the same is hereby authorized, empowered and direct- 
 ed to select such and such number of the free graded 
 schools now established and maintained in any of the 
 school districts of this State, for the purpose of admitting 
 to such schools the children of other districts in which no 
 graded school exists; and that the schools so elected as 
 aforesaid, shall then be free to all the children of school schools s^ect-^ 
 age of the County in which such schools are situated, or of children of 
 such district or districts, or of such parts thereof, as shall districts 
 be determined by said Board and under the rules and reg- 
 
 i , ,, i T% i i./. Regulations 
 
 ulations to be promulgated by said Board as hereinafter 
 provided. 
 
ot chi d- 
 
 
 48 
 
 sc e nooif ion f Section 2. That the names and numbers of the free 
 
 graded schools so selected as aforesaid, shall be certified 
 
 by said Board to the school committees or Boards of Edu- 
 
 cation of such schools, and also to the school committees of 
 
 all the districts, the children of which the said Board shall 
 
 determine may be admitted in such free graded school. And 
 
 for the purposes and provisions of this Act, the said State 
 
 Board of Education shall have full and final power to de- 
 
 power of state cide what shall constitute a graded school, and what dis- 
 
 S3Sl of Edu " trict or districts are without such graded schools. 
 
 Rules and res Section 3. That the said State Board of Education 
 ernii?g admTs- shall also have full and final power and authority to pro- 
 mu igate such rules and regulations governing the admis- 
 sion of all children under the provisions of this Act, pro- 
 vided that no free graded school shall be compelled to 
 admit to any of its departments any child from another 
 district, when such department is already full; and such 
 rules and regulations shall be binding upon all the dis- 
 tricts in this State. The said rules and regulations, 
 together with the names and numbers of the districts 
 affected, shall be certified by said Board to ihe School Com- 
 mittees or Boards of Education of all the districts affected 
 Advertisement thereby. Such rules and regulations, and such names and 
 of numbers shall be advertised in such manner, and for such 
 
 length of time as said Board shall deem proper; which 
 advertisement shall be paid for as other printing of said 
 Board. The said Board shall also have full power to alter, 
 Alterations of change, or add to any of such rules and regulations at any 
 rules, &c. time i t may think proper. 
 
 powers of Section 4. The several County School Commissioners 
 
 now established by law shall have full and final power, 
 jurisdiction and authority to hear and finally determine 
 any disputes arising under this Act between any parent or 
 guardian of any child, and any school officer, or between 
 several school officers, school committees or Boards of 
 Education; and in case any of said School Commissions 
 shall determine that any child should be admitted to any 
 free graded school, selected by the State Board as afore- 
 said, and any school officer shall refuse to admit such child, 
 
49 
 
 the said Commission shall certify the facts to the State 
 Auditor, upon which it shall be unlawful for said Auditor to 
 settle any of the accounts of the district wherein such 
 graded school is situated, until a further certificate from 
 said Commission that such child has been admitted. 
 
 Section 5. Whenever any child shall be admitted under Tearherof 
 provisions of this Act, to any free graded school, the teacher fo*eru 
 or principal of such school, shall, within ten days, certify gjjjjj^'^* 
 such fact, together with the name of the child, the date state Bo * rd 
 of admission, the name or number of the school district in 
 which such child lives, and the name or number of the dis- 
 trict of such free graded school, to the State Board of 
 Education, and the said Board shall certify the substance 
 of the aggregate of such certificates to the State Treasurer state Board to 
 sometime before the first day of July in each year. When- 
 ever it shall appear from the certificates of the principals 
 or teachers in the free graded schools of any county, that 
 two hundred and fifty children have been admitted to such 
 schools under the provisions of this Act in any one county, admitted 
 it shall be the duty of the State Board to notify the com- 
 mittee or Board of Education of each of the graded schools 
 so selected by it as aforesaid, in such county, that no fur- 
 ther children shall be admitted under the provisions of this 
 Act, and the said Board shall not certify any further names 
 to the State Treasurer as aforesaid. 
 
 Section 6. That for every child admitted under the Graded 
 provisions of this Act to any free graded school, such f ree 
 graded school shall be entitled to receive the sum of 
 twenty cents for each day's attendance of such child in 
 such graded school, and the entire amount, due tosuch How aid 
 graded school for such child, shall be paid to the district 
 in which such graded school is situated, by the State 
 Treasurer for every child so admitted as aforesaid, some- 
 time in the month of July, upon receiving the vouchers of 
 the teachers or principal of such graded school showing 
 the name or names of such child or children so admitted as 
 aforesaid, and the number of days* attendance of each such 
 child in such graded school; provided, that no moneys shall 
 be paid by the State Treasurer under the provisions of this Exception 
 
50 
 
 Act to any district for or on account of the admission of 
 any child whose name does not appear upon the certificate 
 of the State Board to the State Treasurer as provided in 
 Section 5 of this Act, as having been admitted to the 
 graded school of such district. The said State Treasurer 
 to a c t ? r [y asurer shall then certify the amount so paid to any district, to the 
 State Auditor who shall include it in the settlements of 
 the accounts of the Districts so receiving said amount as 
 aforesaid. 
 
 t o State 
 Auditor 
 
 Board of 
 Education in 
 Wilmington 
 may refuse 
 to admit 
 non-resident 
 pupils 
 
 May charge 
 and fix 
 amount of 
 tuition 
 
 When ad- 
 mitted State 
 Treasurer to 
 pay the 
 amount pro- 
 vided by law 
 
 Board of 
 Education of 
 Wilmington 
 sam powers 
 as County 
 School 
 Commissioners 
 
 Section 7. That nothing in this Act shall be deemed 
 or construed to prohibit or prevent " The Board of Public 
 Education in Wilmington" from refusing in its discretion 
 to admit to any of the Public Schools in the City of Wil- 
 mington any child not residing in said city or from charg- 
 ing for the tuition of any such non-resident child, such 
 sum as the said Board may deem proper; provided, how- 
 ever, that when any such child shall be so admitted to the 
 Public Schools of the City of Wilmington, under the pro- 
 visions of this Act and with the consent of the said Board 
 of Education, then the said Board of Public Education in 
 Wilmington shall be entitled to receive from the State 
 Treasurer the amount due under the provisions of this Act 
 for the tuition of such child and the amount so received 
 from the State Treasurer for the tuition of such child shall 
 be deducted from the amount due from the parents or 
 guardian of such child for its tuition as fixed by "The 
 Board of Public Education in Wilmington* ' and provided 
 further, that all rights and powers vested in the State 
 Board of Education or the County School Commissioners by 
 virtue of this Act shall, within the corporate limits of the 
 City of Wilmington, be vested in "The Board of Public 
 Education in Wilmington." 
 
 Approved March 9, A. D. 1899. 
 
 Amended and approved February 25 and April 19, A. 
 D. 1909. 
 
51 
 
 CHAPTER 220, VOLUME 21. 
 
 OF FREE SCHOOLS. 
 
 AN ACT Providing for Circulating Libraries for Use of the Public Schools of 
 
 the State. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General assembly met: 
 
 Section 1. That the State Treasurer be, and he 
 hereby authorized and directed to pay on the first Monday commit teeon 
 
 .... traveling libra- 
 
 in the month of April in each and every year after the 
 
 passage of this Act, beginning on the first Monday in said w m en'sciubs 
 month of April in the year eighteen hundred and ninety- 
 
 j. , .... When to be 
 
 nine (out of any moneys then being in his hands as s 
 
 State Treasurer) the sum of one hundred dollars to the 
 chairman of the "Committee on Traveling Libraries" of 
 "The State Federation of Women's Clubs of Delaware." 
 
 Section 2. That the said sum of one hundred dollars HOW to be used 
 so paid in each year as aforesaid shall be used by the said 
 ^'Committee of Traveling Libraries" for the exclusive pur- 
 pose of purchasing books and cases to hold the same, and 
 circulating them among the Public Schools throughout this 
 State, under such rules and regulations as said Committee 
 shall deem proper. The said commmittee to receive no 
 compensation whatever for their services. 
 
 Section 3. That the said Committee shall make a re- Report 
 port of their expenditure of said moneys to the General 
 Assembly of this State at each of its bi-ennial sessions. 
 
 Approved March 16, A. D. 1899. 
 
52 
 
 CHAPTER 112, VOLUME 22. 
 
 AN ACT Prescribing the Method of Apportioning the Public School Fund 
 Among the School Districts of this State. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaivare in General Assembly met: 
 
 state Auditor Section 1. That in order that the Trustee of the 
 to ?rus?eeof ort School Fund shall have the information necessary to dis- 
 echooiFund tribute the public school fund of the State, it shall be the 
 duty of the Auditor of Accounts, to examine and settle 
 the accounts of every single, united, consolidated and in- 
 corporated school district in the State between the first 
 day of July and the tenth day of August in each year, and 
 to report the result of such settlements to the Trustee of 
 the School Fund on or before the twentieth day of August, 
 giving the amounts remaining in the hands of such dis- 
 tricts unexpended of the moneys received from the State 
 and required to be raised by taxation in order to entitle 
 such districts to their shares of the said moneys from the 
 State, the number of teachers employed in each school and 
 the number of days taught by each teacher during the 
 school year. 
 
 A ro5ation ap " Section 2. That the income arising from the invest- 
 ments for the benefit of the Public School Fund, together 
 with the money appropriated from time to time by the 
 
 Amended General Assembly for the benefit of the free public schools. 
 
 Chapter 339, _ ,, . . 
 
 volume 22 which said appropriation shall not be less than one hun- 
 dred and thirty-two thousand dollars annually, shall be 
 apportioned among the school districts of the State in the 
 following manner: 
 
 BOW divided The Trustee of the School Fund shall annually in the 
 
 month of August divide the said income and appropriation 
 among the school districts of the State, including consoli- 
 dated, united and incorporated districts or schools, accord- 
 
53 
 
 ing to the number of teachers employed for at least one 
 hundred and forty days during the previous school year. 
 
 In order to entitle any school district to receive 
 
 share of said money so apportioned such district shall have Jpn . to ntitie 
 
 . . , district to re- 
 
 raised by taxation, or subscription for school purposes dur-ceive dividend 
 
 ing the previous school year, if a white school district, at 
 least one hundred dollars for each teacher employed, and, 
 if a colored school district, at least fifty dollars for each 
 teacher employed. 
 
 Provided, that the Trustee of the School Fund shall, 
 at the time of making said apportionment apportion to any 
 school district that shall on or before the twentieth day of 
 August file with him a certificate of the County School 
 Commission of the County in which such district is situ- 
 ated that an additional teacher or teachers are needed in Additional 
 such district and that such district is provided with suit-secured d>b 
 able room or rooms for such teacher or teachers and has 
 levied and assessed an additional tax in said district of, 
 if a white school, one hundred dollars, and, if a colored 
 school, fifty dollars for every such additional teacher so 
 desired and intended to be employed for the next school 
 year, an additional share or shares of the moneys appor- 
 tioned, according to the number of additional teachers so 
 employed. And provided further, that no single, consoli- 
 dated, united or incorporated school district or schools, rhlfSe/ssg, 
 shall under said apportionment receive more of the money s Volume 22 
 so apportioned than one hundred and sixty-five teachers 
 employed as aforesaid would entitle it to. 
 
 Section 3. The said Trustee of the School Fund shall 
 deduct and retain from the amount apportioned to any 
 district or school the amount expended by him for text ntsto b * 
 books for such district or school during the previous school 
 year and shall also deduct and retain an amount equal to 
 that which from the Auditor's settlement with such dis- 
 trict or school made as aforesaid in that year appears to 
 be in the hands of said district or school of the money re- 
 ceived from the State and by taxation as aforesaid to en- 
 title such district or school to its share of said State 
 moneys, unexpended at the end of the year next preceding. 
 
54 
 
 Duty of Trustee I* 1 case an y district or school having- filed the certificate 
 SpoS h fanu F re n to of the County School Commission and received an addi- 
 
 tional share or shares of the State moneys as hereinbefore 
 this Act provided for, shall fail to employ such teacher or teachers 
 for which such money was apportioned for at least one 
 hundred and forty days during the succeeding school year 
 or in any case where a district or school shall not employ a 
 teacher or teachers, for the said period of one hundred and 
 forty days for the school year for which such districts or 
 schools receive a share of State moneys for such teacher 
 or teachers not so employed, then and in either event the 
 Trustee of the School Fund shall deduct and retain out of 
 the apportionment of such district or school for the suc- 
 ceeding year a sum equal to that which such district or 
 school obtained for or on account of such teacher or 
 teachers that such district or school so failed to employ. 
 Provided, that should any district raise by taxation more 
 money than that district is by this Act required to raise 
 in order to entitle it to receive its apportionment of the 
 School Fund, such amount that is in excess of the amount 
 required by law to be raised by taxation aforesaid, shall 
 not be charged against or deducted from the share of such 
 district or school, but the amount so in excess shall be re- 
 tained by the district or school raising the same. 
 
 Section 4. That each district or school shall within 
 
 P trusteed? r thirty days after this Act becomes a law report to the 
 Trustee of the School Fund the number of teachers em- 
 ployed in such district or school, which reports sfoall be a 
 record in the office of said Trustee of the School Fund of 
 the number of teachers for which such districts or schools 
 are entitled to State moneys, subject to the additions here- 
 inbefore provided for. 
 
 Section 5. That all Acts or parts of Acts providing for 
 special apportionments of the School Fund to certain dis- 
 tricts or schools or a different apportionment from that 
 hereinbefore provided for and all other Acts inconsistent 
 with the provisions of this Act be and the same are hereby 
 repealed. 
 
 Approved March 16, A. D., 1901. 
 
55 
 
 CHAPTER 340, VOLUME 22. 
 
 OF FREE SCHOOLS. 
 
 AN ACT Authorizing Certificates to Teach in the Free Schools Without Ex 
 animation, in Certain Cases. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met: 
 
 Section 1. That from and after the adoption of 
 Act it shall be lawful for any County Superintendent of 
 
 _, .,.-.,. .,.,. . , . give certificate 
 
 Free Schools in this State, in his discretion, to give to anytot*udHoaiij 
 person holding a diploma or certificate of graduation f rom Sipioma f <!m g 
 
 , , , ,, ,. Normal School 
 
 any respectable normal school or college, a certificate toorcoiiege 
 teach in any of the free schools of the county in which 
 such superintendent holds office, without requiring such 
 person to take any examination. 
 
 Such certificate shall be good for one year from its G oodforone 
 date, and no longer. 
 
 Section 2. No such certificate to teach without exami- 
 nation shall ever be given to the same person more than 
 once except by and through the authority of the State 
 Board of Education of this State. 
 
 Section 3. That all Acts and parts of Acts inconsistent 
 with the provisions of this Act are hereby repealed. 
 
 Approved February 17, A. D., 1903. 
 
53 
 
 CHAPTER 341, VOLUME 22. 
 
 OF FREE SCHOOLS. 
 
 AN ACT to Encourage the Education at Normal Schools of Certain Persons 
 Intending' to Teach in the Public Schools. 
 
 Be it enacted by the Senate, and House o/ Representatives of the 
 State of Delaware in General Assembly met: 
 
 county school Section 1. That each of the County School Commis- 
 
 toTx^nd 0118 sions of tnis State be, and it is hereby authorized and em- 
 
 Safschooi Nor P wer ed to expend yearly a sum not exceeding in any one 
 
 pupils year the sum of one thousand dollars, for the purpose of 
 
 helping to defray the expenses of the education at normal 
 
 schools of certain persons intending to teach in the public 
 
 schools of this State. 
 
 Section 2. To carry out the objects of this Act, each 
 Sude s nt e from ^ sa ^ Commissioners shall have the right in each year 
 
 state pait f to se l ec t an y Person or persons then being residents of the 
 State, as shall be approved by the Superintendent of Pub- 
 lic Schools in the County in which said applicant reside?. 
 
 pupils selected Every such person so selected shall enter into an obli- 
 
 na t ure terms and condition of which shall, in 
 in m N >rm c ai urse eacn case > be fixed by said commission, provided that a part 
 con dition shall be, in substance, that such person 
 
 schoois public sna ^ attend such normal school as said commission shall 
 designate, and for such time as it shall determine, and that 
 after such person shall, with the consent of said commission, 
 cease to attend said normal school, that he or she shall 
 teach in the public schools of said county for such time as 
 the commission shall, in each case, appoint, if said commis- 
 sion shall arrange with the proper authorities to offer such 
 person an engagement as teacher in said public schools. 
 
 Form and obligation shall be taken in the name of The 
 
 character of State of Delaware, and shall be for such sum and with or 
 
 obligation 
 
 without surety, and with or without warrant of attorney 
 
57 
 
 for the confession of judgment, as said commission shall, in 
 each case, determine. 
 
 The Attorney General is hereby authorized and required, Attorney Gen- 
 Tipon a certificate of such commission that there has been pe^au/ifamed 
 a breach of any of the conditions of any such obligation, to lf t b c<Sp\ied l8 
 proceed to collect the penalty therein named, and after col- with 
 lection, to pay over the amount, so collected to the State 
 Treasurer for the use of the State. 
 
 Section 3. After any such person selected as aforesaid piuJ 
 shall have given the obligation as provided in Section 2 of missions 
 this Act, said commission is hereby authorized and em- 
 powered to pay such sum or sums to aid in defraying the 
 expenses of the education of such person at a normal school 
 as aforesaid, as said commission shall deem proper; pro- 
 vided that said commission shall not in any one year pay, in 
 the aggregate, for any one person for the purpose aforesaid, /mountnotto 
 more than a sum equal to two dollars a week for each 
 spent in actual attendance at a normal school as aforesaid by week 
 such person. 
 
 Section 4. The money necessary to carry into 
 the provisions of this Act shall be paid to the several 
 County School Commissions by the State Treasurer, 
 
 J 
 
 . State Treasurer 
 
 such time or times and in such sum or sums in each year, 
 as the said commission shall, under the hands of its presi- 
 dent and secretary, draw orders for on said State Treasurer. 
 
 Approved March 26, A. D. 190?. 
 
58 
 
 children 
 i4 et y^rs n to and 
 
 
 CHAPTER 121, VOLUME 24. 
 
 OF FREE SCHOOLS. 
 
 AN ACT to Compel the Attendance of Children at the Public Schools of the 
 
 State. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met: 
 
 Section 1. That following the approval of this Act 
 every parent, guardian or other person in this State having: 
 control of a child or children between the ages of seven 
 and fourteen years shall be required to send such child or 
 children to a day school, in which the common English 
 branches are taught; and such child or children shall at- 
 tend such school continuously for at least five months each 
 year during the time in which the public school in their 
 respective districts shall be in session, beginning not less 
 than one month after the opening of said school, unless 
 such child or children shall be excused from attendance by 
 a majority of the Commisioners of the School District in 
 which the parent, guardian or other person resides, upon 
 the presentation to said Commissioners of satisfactory 
 evidence showing such child or children are prevented 
 from attendance upon school or application to study by 
 mental, physical or other urgent reasons, and such excuse 
 must be countersigned by the County Superintendent of 
 the County in which such District is located; but the 
 urgent reasons shall be strictly construed and shall not per- 
 mit of irregular attendance. 
 
 a . . ,. . . Provided, that each school district shall have power 
 
 School district 
 
 may reduce each 
 
 compulsory 
 
 er to l " hree P eno " 
 
 Exceptions 
 
 months 
 
 year at its regular annual meeting to reduce the 
 compulsory attendance to not less than three 
 months, in which case the school meeting must at that 
 date fix a time for compulsory attendance to begin, but 
 such date shall not be later than January 2nd, of each school 
 
59 
 
 year. Provided that incase there be no public school i 
 
 session within two miles by the nearest traveled road of any JJom^ch j llesf 
 
 person within the school district, he or she shall notbe house 
 
 liable to the provisions of this Act. unless a free convey- 
 
 ance is provided. 
 
 Provided, that this Act shall not apply to any child 
 
 that has been or is being otherwise instructed in English private school 
 
 ,., . AC. exempts 
 
 in the common branches of learning for alike period of Attendance at 
 
 . i 11 i /* i public school 
 
 time in any private school, or by any legally qualified gov- 
 erness or private teacher in a family, or by any other means 
 which shall be approved by the County Superintendent of 
 the proper county. 
 
 Provided further, that any principal or teacher of any 
 private school or educational institution shall report non- mult a report o1 
 attendance as provided in Section 5 of this Act. And pro- 
 vided also that the certificate of any principal or teacher of 
 a private school or of any institution for the education of 
 children in which the common English branches are 
 taught, setting forth that the work of said school is in 
 compliance with the provisions of this Act, shall be suffi- 
 cient and satisfactory evidence thereof, and the principal 
 or teacher of said school or institution shall have the power 
 to excuse any child or children for non-attendance during 
 temporary periods in accordance with the provisions of this 
 Act. 
 
 Section 2. That for every neglect of duty imposed by J^J 1 J tIonof 
 the first section of this Act, the principal or teacher or misdemeanor 
 person in parental relation, offending, shall be guilty of a 
 misdemeanor, and shall, upon conviction thereof before a 
 justice of the peace, magistrate or alderman, forfeit a fi n e penalty 
 not exceeding two dollars on first conviction, and a fine 
 not exceeding five dollars for each subsequent conviction, 
 and in default of payment of said fine, the defendant may 
 be committed to the county prison for a period not exceed- 
 ing two days for the first conviction, and for a period not 
 exceeding five days for each subsequent conviction. Pro- o t p G 
 vided, upon conviction, the defendant or defendants may sessi 
 appeal to the Court of General Sessions of the proper county 
 within fifteen days, upon entering into recognizance with 
 
60 
 
 Duty of 
 Superintend 
 ent before 
 prosecution 
 
 What notice 
 sufficient 
 
 Fines, to whom 
 payable 
 
 Attendance 
 officers 
 
 Duties of 
 
 one surety for the amount of fines and costs. Provided, 
 however, that before such action shall be brought for any 
 of the aforesaid penalties, the parent, guardian or other 
 person liable therefor, shall be notified in writing by the 
 County Superintendent of Schools, or such person as he shall 
 designate, of such liability, and shall have opportunity, by 
 compliance with the requirements of this Act within three 
 school days then and thereafter to avoid the imposition of 
 such penalty. The mailing of such notice to the usual ad- 
 dress of offending party shall be deemed sufficient under 
 this Act. But after such notice has been given, if the 
 same child is absent from school three days or their equiv- 
 alent in time during the remaining period of compulsory 
 attendance, without excuse as provided by Section 1 of this 
 Act, the parent, guardian or person in parental relation, 
 shall be liable to prosecution under this Act without further 
 notice. 
 
 The fines provided for by this Act, shall, when collect- 
 ed, be paid over by the officers collecting the same, to the 
 treaurer or clerk of the school committee or board of the 
 respective districts for the use of the school district in 
 which such person convicted resides, to be applied and ac- 
 counted for by such treasurer or clerk in the SEme way as 
 other moneys raised for school purposes; such fines shall 
 be collected by a process of law similiar to the collection of 
 other fines. 
 
 Section 3. Boards of education and school committees 
 may, in all districts, employ one or more persons to be 
 known as "attendance officers" whose duty shall be, in ad- 
 dition to the duties provided elsewhere in this Act, to look 
 after, apprehend and arrest without warrant, truants and 
 others who fail to attend school in accordance with the 
 provisions of this Act. When an attendance officer arrests 
 or apprehends any truant or other person, as herein set 
 forth, he shall have power immediately to place him or 
 her in the school in which he or she is or should be enroll- 
 ed, or at the expense of the parent, guardian or person in 
 parental relation, in such private school as provided by 
 Section 1 of this Act, as the parent, guardian or person in 
 
61 
 
 parental relation may select. And in case the parent, 
 guardian or person in parental relation shall refuse or ne- 
 glect immediately to select such school, the school commis- 
 sioners or secretary for school commissioners shall have 
 full power to designate the school in which the child shall 
 be placed. 
 
 The persons serving as such attendance officers, shall Compensation 
 be entitled to such compensation as shall be fixed by the of 
 boards appointing them, and such compensation may be 
 paid out of the school funds. But the sums paid for such 
 services must be approved by the Superintendent of 
 Schools of the County. In case no truant officer be appoint- 
 ed, the secretary or clerk of the local school commissioners 
 shall serve as such officer. 
 
 Commissioners of any school district or districts or of District mar 
 two or more districts jointly, may establish special schools H^u'ruanT* 
 for children who are habitual truants or who are insubor- fec 
 dinate or disorderly during their attendance upon instruc- 
 tion in the public schools, and may provide for the proper 
 care, maintenance and instruction of such children in such 
 schools for such period of time as the Board may prescribe. 
 But before the pupil shall be placed in such special school, 
 the parent, guardian or person in parental relation shall 
 have opportunity to be heard. 
 
 All truancy and incorrigibility shall be deemed dis- Incorrigible 
 orderly conduct, and in case no special school, as herein^ 1 a f f n t | d m { t ybe 
 prescribed has been established, the County Superintendent schooi Reform 
 of Schools, or secretary or attendance officer, as the County 
 Sup3rintendent shall designate, shall proceed against such 
 truant or incorrigible pupil as a disorderly person before a 
 justice of the peace, magistrate or alderman, and upon con- 
 viction the pupil may be sentenced fora definite time to the 
 Ferris Industrial School or Delaware Industrial School f or sucb 
 Girls. The State Treaurer shall pay to the authorities of 
 the said school, the sum of forty cents per day, from money 
 not otherwise appropriated, for each day such pupil is con- 
 fined in said institution. 
 
62 
 
 14 years 
 
 Section 4. That it shall be the duty of the assessors 
 when making each assessment of property for taxation for 
 school purposes, when not notified and directed to the con- 
 trary by the school commissioners, to make in a substantial 
 book, provided by the County Superintendent of Schools at 
 the expense of the State for that purpose, a careful and 
 correct list of all children between the ages of seven and 
 fourteen years within his district, giving the full name, date 
 of birth, age, sex, race, estimated distance from school 
 house by nearest traveled road, name and address of parent, 
 guardian or person in parental relation ; which enumera- 
 tion, after approval by the secretary of the said school dis- 
 trict, shall be sent by the assessor to the County Superin- 
 tendent of Schools of the County in which the enumeration 
 is made on or before the first day of September. And the 
 receipt of the County Superintendent of Schools shall en- 
 title the aforementioned assessor, to a fee of one dollar for 
 each one hundred names or fraction thereof, of children on 
 such list; said sum to be paid from the school funds of 
 the district in which such enumeration shall have been made. 
 
 It shall be the duty of the said County Superintendent 
 of Schools to forward to the principal teacher of the proper 
 school district prior to September 15th in each year, a list 
 of all children in his or her district who are subject to the 
 provisions of this Act. 
 
 Provided further, that the attendance officer, if there 
 mayadd^r ers be any, or the County Superintendent of Schools or the Sec- 
 retary or clerk of the school commissioners, or principal 
 teacher, shall have authority to make any additions or cor- 
 rections to the assessor's list aforesaid for the purpose of 
 carrying into effect the provisions of this Act. 
 
 Section 5. That it shall be the duty of each teacher 
 of the school district at the close of each school month, to 
 report to the attendance officer, and to the County Superin- 
 tendent of Schools, the names of all children in the district 
 who have been absent without lawful excuse; when, if it 
 shall appear that any parent, guardian or other person hav- 
 ing control of any child or children shall have failed to 
 comply with the provisions of this Act, after notification in 
 
 Fees of 
 
 Assessors 
 
 County Super- 
 intendent to 
 send list of 
 children to 
 teacher of 
 district 
 
 correct list 
 
 Report of 
 teacher to 
 Attendance 
 Officer and 
 County 
 Superintend- 
 ent 
 
63 
 
 writing as provided in Section 2, the County Superinten- 
 dent, or such attendance officer as he shall direct, shall 
 proceed in the name of the State under authority of the 
 commissioners of the local district affected, against the 
 offending party or parties in accordance with the provi- 
 sions of this Act. 
 
 Provided further, that if sufficient cause be shown for costs, how 
 a failure to comply with the provisions of this Act, or P& 
 if the costs of prosecution cannot be collected from the de- 
 fendant in case of his or her conviction, said costs shall be 
 paid out of the school funds, upon a proper voucher ap- 
 proved by the commissioners of said district. 
 
 Section 6. That the assessor of school taxes, principal, Violation of 
 teacher, secretary or- attendance officer if there be one, of actamisde- 
 any Board of Commissioners, who willfully neglects or re- m 
 fuses to comply with the provisions of this Act shall upon 
 complaint lodged by the County Superintendent of Schools 
 be guilty of a misdemeanor and upon conviction thereof 
 before an alderman, magistrate or justice of the peace, 
 shall forfeit or pay a fine not exceeding twenty-five dollars, Penalty 
 subject to the right of appeal to the Court of General Ses- 
 sions of the proper county within fifteen days upon enter- 
 ing into recognizance with one surety for the amount of 
 fines and costs. 
 
 Section 7. That the State Treasurer of Delaware shall state Treasur- 
 withold one-fourth the State dividend from any school dis-[q schooi f as 
 trict or districts which neglects or refuses to enforce the divideud 
 provisions of this Act in a manner satisfactory to the 
 County Superintendent of Schools of the county in which 
 such school shall be located. 
 
 Section 8. That the necessary expenses incurred by Expenses of 
 
 rii a* i i _p ji enforcement 
 
 State officials in carrying out and enforcing the provisions of act, how 
 of this Act shall, upon approval by the State Board of Ed- pal 
 ucation, be paid by the State Treasurer. 
 
 Section 9. That in enforcing the provisions of this superintend 
 
 Act within the limits of the school districts of the City ofg 
 Wilmington, the powers and duties herein conferred upon f f cou p nty e s r u- 
 the county superintendents of schools, board of school C0 m- perintendent 
 
64 
 
 missioners by whatever title known, and assessors, are 
 m hereby conferred upon the "The Board of Public Education 
 in Wilmington/' and that it shall be the duty of the Board 
 
 wiiiSngtGn f ^ Pli ce Commissioners of the City of Wilmington to co- 
 operate with "The Board of Public Education in Wilming- 
 ton" in enforcing the provisions of this Act, to look after, 
 apprehend and arrest without warrant, truants and others 
 who fail to attend school in accordance with the provisions 
 of this Act. 
 
 Approved March 15, A. D. 1907. 
 
 Amended and approved March 18, A. D. 1909. 
 
65 
 
 CHAPTER 122, VOLUME 24. 
 
 OF FREE SCHOOLS. 
 
 AN ACT prescribing the Method by which the School Districts of this State 
 may Borrow Money for the Purpose of Building and Furnishing or Improv- 
 ing and Enlarging School Houses. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met: 
 
 Section 1. That in order that the Board of Education school District 
 or School Committee of any school district in this State, 
 
 single, united, consolidated or incorporated, may borrow bl 
 money for the building and furnishing of new school houses, 
 or the repairing, remodelling, or enlarging and furnishing 
 of school houses already erected, they and each of them 
 are severally authorized, directed and empowered to borrow 
 money on the faith of the respective districts, and to pro- 
 vide for the payment of the same as hereinafter set forth. 
 
 Section 2. At any time when ten or more taxables of Procedure to 
 any of the aforesaid school districts in this State shall pre- Sion p to cial 
 sent a written petition to the Board of Education or School w^fhi^or not 
 Committee of the district in which the said petitioners re - toborrow 
 side, setting forth the necessity of a new school house for 
 said district, or of the repairing, remodelling, or enlarging 
 and furnishing of the school house already erected in said 
 district, and naming in said petition the amount of money 
 necessary therefor, and praying that a special election be 
 called that the voters of said school district may vote upon 
 the propositon, shall be the duty of said Board or commit- 
 tee forthwith to issue a call for a special election to be 
 held at which the question of borrowing money for the 
 purposes aforesaid shall be voted upon. 
 
 Notices of the election aforesaid shall be posted in at Notice of 
 
 , , . , . . , , . , . , n, election afore- 
 
 least ten public places in the district affected for at - least sai a 
 ten days prior to the date fixed for such election. In case 
 
66 
 
 
 Qualification 
 of electors 
 
 Form of 
 ballots 
 
 the proposal to borrow money shall not be approved by the 
 majority of the votes cast at such special election, the 
 Comissioners of said district shall, on the further applica- 
 tion of ten or more freehold taxables as aforesaid, call 
 another election with the same notices as aforesaid; pro- 
 vided twelvemonths shall have elapsed since any preceding 
 election for the purpose was held. 
 
 Section 3. At every election held under the provisions 
 O f ^ n j s Act each person who would have had a right to 
 vote at the regular school election of the district, next 
 preceding such special election, and also every female 
 resident seized of an estate of freehold situated in said dis- 
 trict, shall have a right to cast one vote for every dollar 
 and fractional part of a dollar of school tax assessed for 
 the year in which such election is held, against him or her 
 respectively. At every election held under the provisions 
 of this Act, the voting upon the question aforesaid, shall 
 b e by ballot upon which shall be written or printed either 
 the words "For Better School Houses'' or the words 
 "Against Better School Houses." 
 
 when bonds Section 4. In case a majority of the ballots cast at 
 
 mustbe isued any such election held under the provisions of this Act, 
 shall be "For Better School Houses/' the Board of Educa- 
 tion or School Committee of said district shall, as soon as 
 practicable thereafter issue and sell the bond or bonds of 
 the district for such amount or amounts and in such de- 
 nomination or denominations as they shall deem proper, 
 provided that the aggregate of said bonds shall not exceed 
 the sum named in the petition for the special election as 
 aforesaid; such bond or bonds shall be known as "Bonds 
 o f School District No ......... in .................... County, 
 
 Delaware" inserting the number of the school district or 
 the incorporated name of said district as the case may be, 
 and of the county in which such district is situated. Their 
 form, their date, the time of their interest payments and 
 of their maturity, the place of their payment and their 
 rate of interest not exceeding six per centum per annum, 
 sna ^ ^ e as prescribed by the said Board of Education or 
 School Committee. They shall be signed by the president 
 
 Bonds form 
 conditions &c 
 
67 
 
 of said Board or by the senior member of the School Com- 
 mittee, and shall be attested by the secretary or clerk 
 thereof. If the school district have a corporate seal, said 
 seal shall be affixed to said bond, but if the district have 
 no seal, then the usual seal being the word "seal" with a 
 scroll around it appearing upon said bond, shall be deemed 
 and taken to be the corporate seal of the district. If the 
 Board of Education or School Committee shall deem ity?3Sffff*- 
 proper a mortgage may also be given for the sum to be Kd S f l * sulng 
 borrowed as aforesaid, and said mortgage may cover any 
 of the real property belonging to said district. The fore- 
 going provisions as to bonds to be issued under this Act rel- 
 ative to their form, date, time and place of interest pay- 
 ments, and of maturity, rate of interest, and the mode or uZfaTu? 1 ' 
 manner of their execution, shall apply with respect to any n I jg i Mof 
 mortgage which may be given under the provisions of this 
 section. The faith and credit of the district shall be 
 deemed to be pledged by the execution and delivery of any 
 bonds or mortgages under the provisions of this Act. The 
 Board of Education or School Committee of the district is 
 authorized and directed in each year after any sum of 8gH 
 money has been borrowed as aforesaid, and until the foil filing 
 payment of the sum or sums so borrowed with interest, 
 to provide for the payment of interest on the indebtedness 
 and for the establishment of a sinking fund to pay the 
 principal thereof, by fixing and levying a tax sufficient for 
 this purpose. 
 
 The tax levied and collected for the interest and sinking 
 fund as foresaid, shall be levied and collected as other lced8S 
 school taxes in the district, and shall be in addition to the 
 amount which the school district is authorized to raise by 
 taxation for other purposes. 
 
 Section 5. This Act shall be deemed and taken to be a 
 public Act. 
 
 Approved April 4 A. D., 1907. 
 
CHAPTER 123, VOLUME 24. 
 
 OF FREE SCHOOLS. 
 
 AN ACT Authorizing the County School Commissions to Alter, Divide, Con- 
 solidate or Unite School Districts for Colored People. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met: 
 
 obtrcts ma? 01 Section 1. That the County School Commissions of the 
 ' &c> respective counties of this State be and the same are here- 
 
 mi h ssk)ne?f" ^v authorized and empowered to alter, divide, consolidate 
 or unite the School Districts for colored people whenever 
 said School Commissions shall deem such action for the 
 best interests of the colored pupils in said districts. 
 
 Aproved March 29, A. D. 1907. 
 
 CHAPTER 124, VOLUME 24. 
 
 OF FREE SCHOOLS. 
 AN ACT Pertaining to the State of Delaware. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met: 
 
 constitution to Section 1. That the Constitution of this State shall 
 schools be taught and explained to the scholars in each and every 
 one of the public schools of this State. 
 
 It shall be the duty of the several School Commissioners 
 or Boards having control of said schools to see that the pro- 
 visions of this Act are~complied with. 
 
 Approved April 9, A. D. 1907. 
 
69 
 
 CHAPTER 129, VOLUME 24. 
 
 OF FREE SCHOOLS 
 AN ACT Fixing the time for Holding School Meeting's in Kent County. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met: 
 
 Section 1. A stated meeting of the school voters of Stated meeting 
 
 in Kent Co. to 
 
 each district in Kent County exclusive of those held in in- 
 corporated districts, whose respective charters fix the time injun e 
 for holding their school meetings, shall be held on the first 
 Saturday in June of each year at two o'clock in the after- 
 noon. 
 
 Section 2. That all Acts or parts of Acts inconsistent 
 with this Act are hereby repealed. 
 
 Approved February 25, A. D. 1907- 
 
70 
 
 CHAPTER 90, VOLUME 25. 
 
 OF FREE SCHOOLS. 
 
 AN ACT for the Improvement of School Houses for Colored Children in 
 Sussex County and Making an Appropriation Therefor. 
 
 Whereas, Many of the buildings now used by the 
 colored children for school houses are unfit and inadequate 
 for the purpose; and 
 
 Whereas, The financial condition of the colored people 
 is such that they cannot afford to build school houses 
 through taxation, solely, as provided in the general school 
 laws of the State; therefore, 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delaware in General Assembly met: 
 
 Section 1. That the sum of one thousand dollars is 
 f c n h d ooi houis hereby appropriated from the State Treasury for the pur- 
 ch r ii e dren e in pose of enlarging and rebuilding school houses for the 
 Ixplndit ure ty colored children of Sussex County; the expenditure of said 
 Sfcoum y ntro1 amount to be under the control and direction of the 
 commission County School Commission for said County. 
 
 Section 2. The County School Commission of Sussex 
 o County shall decide after conference with the school corn- 
 bunding mittees of the respective districts upon the location of the 
 building, and, before the commencement of the work, shall 
 
 deter- 
 
 wh"ch 8 sban nt> determine the amount that is to be appropriated to the 
 
 not exceed particular district; provided, however, that the amount 
 
 necessary appropriated to any particular district shall not exceed one- 
 
 half the amount estimated to be necessary to complete the 
 
 contemplated school improvement in that district. 
 
 HOW appro- Section 3. That the amount herein appropriated shall 
 
 ?o rl be ] paid be paid by the State Treasurer on orders drawn by the 
 
 President of the County School Commission, attested by 
 
 the Secretary of the Commission. 
 Appproved March 26, A. D. 1909. 
 
71 
 
 CHAPTER 362, VOLUME 22. 
 
 AN ACT Providing for the Establishment and Maintenance of Free Public 
 
 Libraries. 
 
 Be it enacted by the Senate and House of Representatives of the 
 State of Delacvate in General Assembly met, {three-fourths of the. 
 members elected to each House concurring therein}: 
 
 Section 1. That as soon as may be after the adoption 
 of this Act, there shall be created and established a board 
 to be known as "The State Library Commission for the 
 State of Delaware. " Said Commission shall be composed HOW composed 
 of nine persons to be appointed by the Governor, who shall 
 respectively hold office for the term of five years or until 
 their successors are duly chosen; provided, that in the 
 first Commission created under this Act, the Governor 
 shall appoint three members for the term of one year, T< 
 three members for the term of three years, and three 
 members for the term of five years. All vacancies on said vacancies 
 Commission whether occuring by expiration of term, or 
 otherwise, shall be filled by the Governor. No person 
 shall be ineligible by reason of sex to serve on the Com- 
 mission. 
 
 Section 2. The said Commission shall organize by the organization 
 selection from its members of a chairman and such other of Commission 
 officers as are or may be deemed advisable; provided, that 
 the State Librarian shall, by virtue of his office, be the state Librarian 
 Secretary of said Commission, but shall have no vote or 8ecretary of 
 voice in the acts and proceedings of said Commission. No No sa , ary for 
 member shall receive any salary or compensation for his member 
 services as such Commissioner. 
 
 The Commission is hereby authorized and empowered . 
 
 Additional 
 
 to expend such sum or sums as it shall deem proper and powers 
 necessary for effectuating the objects of this Act, provided 
 said sums shall not in the aggregate in any one year ex- 
 ceed the sum of one thousand dollar exclusive of the ex- 
 
72 
 
 penses actually incurred by the members in attendance on 
 the Commission, and of sums expended for necessary 
 Sp t ay Treasurer P r i n ting, postage and stationery. Such sums, together 
 SS>ems nt with the actual expenses of the members incurred in at- 
 tending the Commission and all bills for necessary print- 
 ing, postage and stationery, shall be paid by the State 
 Treasurer to the said Commission, upon the order or orders 
 of its Chairman or President, attested by its Secretary. 
 
 Duties of Section 3. The said Commission shall have general 
 
 supervision over all libraries in this State established or 
 maintained under the provisions of this Act; and shall 
 have the supervision and control of -all circulating libraries 
 now, or hereafter to be, established under the provisions 
 of Chapter 220, of Volume 21, of the Laws of Delaware; 
 shall have power to require of any and all District Library 
 Commissions created as hereinafter provided such re- 
 ports as are or may be deemed proper; shall make certifi- 
 cate to the State Treasurer when any library is entitled 
 to State aid, as is hereinafter provided; and shall have all 
 further and other powers necessary and proper for the 
 general supervision of the libraries aforesaid. The said 
 State Library Commission shall have power to make all 
 rules and by-laws for its own government. The said Com- 
 mission shall, in the month of January in each year in 
 which there is a regular biennial session of the General 
 
 ?eport blt ^ Assembly of this State, make report to said General Assem- 
 bly of its doings and of any recommendations deemed ad- 
 visable. 
 
 mare(?eive ict Section 4. Any single, united, consolidated or incor- 
 bequests,*c. . porated School District in this State may receive in its cor- 
 porate capacity and hold any devise, bequest or donation 
 for the foundation and establishment or for the maintenance, 
 support and increase of a free public library within same. 
 
 school District Section 5. Any single, united, consolidated or incor- 
 
 to iiiRiii ' 8.in 
 
 Free Public porated School District in this State is hereby authorized 
 approved by and empowered to establish and maintain a free Public 
 
 voters thereof .... 
 
 Library, with or without reading room, provided that at 
 any election held as hereinafter provided, a majority of the 
 
73 
 
 qualified electors of said School District then present and 
 voting, shall vote in favor of such establishment. 
 
 Section 6. For the purposes of this Act, all the School classification 
 Districts in this State, single, united, consolidated and 
 incorporated, are classified according to the sums which 
 the several Boards of Education or School Committees are 
 authorized by law to levy and raise by taxation annually 
 for current school expenses, as follows, namely: 
 
 Every District in which the sum authorized as afore- 
 said is six thousand dollars or more, shall be deemed and 
 taken to be a District of the First Class; every District in 
 which the sum authorized as aforesaid is not less than four 
 thousand nor as much as six thousand dollars, shall be 
 deemed and taken to be a District of the Second Class; 
 every District in which the sum. authorized as aforesaid is 
 not less than two thousand, nor as much as four thousand 
 dollars, shall be deemed and taken to be a District of the 
 Third Class; every District in which the sum authorized as 
 aforesaid is not less than one thousand, nor as much as two 
 thousand dollars, shall be deemed and taken to be a Dis- 
 trict of the Fourth Class; every District in which the sum 
 authorized as aforesaid is not less than five hundred, ror 
 as much as one thousand dollars, shall be deemed and 
 taken to be a District of the Fifth Class; every District in 
 which the sum authorized as aforesaid is not less than two 
 hundred, nor as much as five hundred dollars, shall be 
 deemed and taken to be a District of the Sixth Class; and 
 every district in which the sum authorized as aforesaid is 
 less than two hundred dollars shall be deemed and taken to 
 be a District of the Seventh Class. 
 
 Provided, however, that the provisions of paragraphs 
 one and two of this Section shall not govern or determine 
 of which class United School Districts Nos. 67, 96, 106 and school Districts 
 
 Nos. 67 9o lOo 
 
 107 in Sussex County is; and said United School Districts 
 Nos. 67, 96, 106 and 107 in Sussex County be and the same 
 is hereby expressly declared to be a District of the First 
 Class; and all the provisions of this Act relating to a Dis- 
 trict of the First Class are hereby expressly declared to be 
 
74 
 
 Question of 
 establishment 
 of Free Public 
 Libraries to be 
 submitted to 
 qualified 
 electors of 
 each district 
 
 Petition 
 
 Number of 
 petitioners 
 
 Defining 
 conditl >ns for 
 submission to 
 voters of school 
 Disrric s Nos. 
 67, 96, 106 and 
 107. 
 
 Vote to be by 
 ballot 
 
 Form of ques- 
 tion to be 
 voted on 
 
 Qualification 
 of voters 
 
 Election 
 
 applicable to United School Districts Nos. 67, 96, 106 and 
 107 in Sussex County. 
 
 Section 7. Every Board of Education or School Com- 
 mittee in this State shall submit the question as to the 
 establishment of a free public library in said District to 
 the qualified electors thereof, at a special election to be 
 held on the day next following the ensuing 1 regular school 
 election in such District, not being Sunday or a legal holi- 
 day; provided said Board or Committee be petitioned so 
 to do thirty days at least before the next succeeding regular 
 school election in such District, by a number of the quali- 
 fied electors thereof. The number of qualified electors who 
 must petition as aforesaid, shall be as follows, namely: 
 in districts of the First or Second Class, twenty qualified 
 electors; in Districts of the Third, Fourth or Fifth Class, 
 ten qualified electors; and in Districts of the Sixth or 
 Seventh Class, five qualified electors. 
 
 Provided, however, that in United School Districts 
 Nos. 67, 96, 106 and 107 in Sussex County the method of 
 petitioning for and the time of holding such election shall 
 be as follows: "The Board of Commissioners of the Public 
 Schools of Georgetown, Sussex County" of said District 
 shall, when petitioned so to do by at least twenty qualified 
 electors in said District, submit the question as to the es- 
 tablishment of a free public library in said District to 
 the qualified electors thereof, at a special election to te 
 held on the fifth Monday next succeeding the date of the 
 presentation of said petition to the sa i; d "The Board of Com- 
 missioners of the Public Schools of Georgetown, Sussex 
 County/' 
 
 Section 8. The vote on the question as to the estab- 
 lishment of a free public library, when submitted as afore- 
 said, shall be by ballot, upon which shall be printed or 
 written either the words "for a free library, " or the words 
 "against a free library. " A majority of the ballots cast 
 legally at said election shall determine the question. All 
 persons entitled to vote at the regular school election next 
 before such special election shall be entitled to vote on such 
 question. 
 
75 
 
 In all respects the place of voting, and the conduct of How held 
 the election, counting of ballots, and the like shall be as 
 now are, or hereafter may be, provided by law for the 
 regular school election in the School District wherein such 
 question is submitted. Provided, that the Board of Educa- 
 tion or School Committee, upon being petitioned to submit 
 the question of the establishment of a free library as here- 
 inbefore provided, shall give notice of such submission by 
 printed advertisements posted in at least five public places Notice of 
 in said District at least ten days before the election. The 
 said advertisements shall state the question to be submit- 
 ted as hereinbefore provided, and the time and place of 
 voting upon such question. In case any Board of Education 
 or School Committee shall neglect or refuse to give such g ] c ct of 
 notice, any qualified elector may do so, and the notice so Howmade 
 given shall be as effectual as though given by said Board or effectual 
 Committee. 
 
 Section 9. If a majority of the ballots cast as af ore- f ?*S* 
 said shall be against the establishment of a free library, 
 the question as to such establishment may again be sub- 
 mitted at special elections to be held on the day next fol- 
 lowing any regular school election thereafter ensuing (not 
 being Sunday or a legal holiday) as often as petitions 
 therefor shall be presented to the said Board of Education 
 or School Committee as hereinbefore provided. 
 
 Section 10. If at any election the qualified electors Powerp of 
 shall in the manner aforesaid, declare in favor of the estab- 
 lishment of a free public library in any District, then the 
 Board of Education or School Committee thereof shall, and 
 it is hereby authorized, empowered and required to levy 
 and raise by taxation for the purpose of the 
 of such library therein, and also for the maintenance, in 
 crease and support of said Library for the year then next 
 ensuing, a sum determinable by the class in which such 
 District belongs, that is to say: If such District be of the ci w*ificaon 
 First Class, the sum required to be levied and raised as 
 aforesaid shall be not less than five hundred nor more 
 than one thousand dollars; if such District be of the 
 Second Class, the sum so required as aforesaid shall be not 
 
76 
 
 less than one hundred and fifty, nor more than four hun- 
 dred dollars; if such District be of the Third Class the 
 sum so required as aforesaid shall be not less than one hun- 
 dred, nor more than three hundred dollars; if such District 
 be of the Fourth Class, the sum so required as aforesaid 
 shall be not less than seventy-five dollars, nor more than 
 two hundred dollars; if such District be of the Fifth 
 Class, the sum so required as aforesaid shall be not less 
 than fifty, nor more than one hundred and fifty dollars; 
 if such District be of the Sixth Class, the sum so required 
 as aforesaid shall be not less than forty nor more than one 
 hundred dollars; and if such District be of the Seventh 
 Class, the sum so required as aforesaid shall be not less 
 than twenty-five, nor more than seventy-five dollars. 
 
 annually thereafter, such Board of Education or 
 School Committee shall levy and raise by taxation for the 
 maintenance and increase of the library so established as 
 aforesaid, a sum as hereinbefore prescribed and limited in 
 this section for the establishment of such library. 
 
 7n a Smem e a C n ted All sums authorized to be levied and raised by taxation 
 SS*!" 611001 under this Act, shall be levied, raised and collected as 
 school taxes for current school expenses are, and shall, if 
 the said Board or Committee deem it necessary, be in 
 excess of and in addition to the sum or amount author- 
 ized to be raised in said District by taxation for current 
 school expenses. 
 
 Any District in which a library has been established as 
 
 Each district to 
 
 aforesaid, may fix any sum (not less than the minimum 
 
 money to be SU m required to be raised in said District as hereinbefore 
 
 raised, but not . . 
 
 less than mini prescribed in this section) to be levied and raised in the 
 District for the maintenance and increase of the library 
 therein during the ensuing year; the vote to fix any sum 
 shall be by ballot, and a majority of the ballots cast at 
 such election shall determine the question. 
 
 Section 11. Every School District in this State which 
 
 To elect School ... . 
 
 District ubra- shall establish a free public library pursuant to the pro- 
 
 D * visions of this Act, shall annually thereafter, at an elec- 
 
 tion held on the day next following the regular school elec- 
 
77 
 
 tion (not being Sunday or a legal holiday) elect members 
 of a school District Library Commission. 
 
 The said District Library Commission shall be compos- Number of 
 ed of the following number of members, namely: if it be a members - 
 commission in a District of the First or Second Class, nine classification 
 members; in a District of the Third or Fourth Class, five J^gJ'of**** 
 members; in a district of the Fifth, Sixth or Seventh members - 
 Class, three members. The members shall hold office for 
 the term of three years, or until their succesors are duly 
 elected and qualified; provided that at the first election of 
 said commission next succeeding the establishment of a 
 free public library as aforesaid the members of said com- 
 mission shall be elected for the following terms, namely: 
 for a District of the First or Second Class, three members 
 shall be elected for one year, three for two years, and three 
 for three years, or until their successors are duly chosen 
 and qualified: for a District of the Third or Fourth Class, 
 two of the members shall be elected for one year, two for 
 two years, and one for three years, or until their succes- 
 sors are duly chosen and qualified; for a District of the 
 Fifth, Sixth or Seventh class, one of the members shall be 
 elected for one year, one for two years, and one for three 
 years, or until their successors are duly chosen and quali- 
 fied; provided further, that the Board of Education or 
 School Committee in any School District wherein the ques- 
 tion as to the establishment of a free public library has 
 been submitted and carried in favor of such establishment 
 as hereinbefore provided, shall, as soon as may be after 
 the decision upon such question has been ascertained, elect 
 all of the members of such district library commission to 
 compose the first district library commission to act until their 
 successors have been elected by the qualified electors of the 
 district at the time hereinbefore provided for such election. 
 
 The members of any district library commission may 
 or may not be members of the Board of Education or School school com- 
 Committee of the District and no person shall be ineligible members of b 
 to serve on said commission by reason of sex. Theelec- f 
 tion of the members of said commission at any district 
 election shall be by ballot by the qualified electors of said 
 
78 
 
 First meeting, 
 
 Organization. 
 
 Treasurer. 
 
 Bond of. 
 
 Vacancy 
 
 How filled. 
 
 Library land, 
 
 in hands of 
 
 Report. 
 
 district, and, in all other respects except as to the day of 
 election shall be conducted as is the election of members 
 of the Board of Education or School Committee in the 
 District. 
 
 Section 12. The first meeting of the District Library 
 Commision shall be on the evening of Tuesday next suc- 
 ceeding the election of its members. The Commission 
 shall organize by electing from its members a chairman and 
 secretary, and such other officers as it may deem proper. 
 The treasurer of the School District shall be the treasurer 
 of said Commission, and shall be subject to all orders of 
 said Commission relative to moneys in his hands of which 
 the said Commission, has custody, as provided in this Act. 
 The official bond of said Treasurer shall be held and deemed 
 to cover and include all such moneys, and the due and 
 proper accounting therefor. A vacancy in said Commis- 
 sion caused by refusal to act, death, resignation, or other- 
 wise, shall be filled by said Commission until the regular 
 school election next succeeding. A failure to attend three 
 meetings of said Commission in succession shall, at the 
 option of said Commission, be deemed a vacancy. 
 
 Section 13. The District Library Commission so elect- 
 ed as aforesaid shall have the entire custody and manage- 
 -ment of the library and all property owned or leased, or 
 donated, relating thereto, and all money raised by the dis- 
 trict or donated for its establishment and maintenance, or 
 paid by the State Treasurer, as hereinafter provided, shall 
 be placed in the care and custody of said Commission to be 
 expended or retained by said Commission for and in behalf 
 of the district for the foundation and establishment and 
 for the maintenance and increase of its free public library. 
 
 The Commission shall make an explicit report to the 
 district at each annual school meeting of all its receipts 
 and expenditures, and of all the property of the district in 
 its care and custody, including a statement of any unex- 
 pended balance of money, and of any bequests or donations 
 in behalf of the district, and of any sum or sums received 
 from the State as hereinafter provided, with such recom- 
 
79 
 
 mendations with reference to same as is deemed necessary 
 for the district to consider. 
 
 The said Commisson shall also make report and recom- 
 mendation concerning the amount of money deemed neces- 
 sary and proper by said Commission to be raised by tax- 
 ation for any one year for said Library, to the Board of 
 Education or School Committee after the selection of said 
 Commission as aforesaid and prior to the fixing of the rate 
 of taxation for said purpose by said Board of Education, 
 or School Committee. The said District Library Commis- 
 sion shall also make such reports, at such times and embrac- 
 ing such matters, to the State Library Commission created 
 by this Act as the said State Library Commission shall 
 order and direct. 
 
 The said District Library Commission shall also have Additional 
 the power to procure by purchase, lease or acceptance of a Pc 
 gift or donation, a room or rooms for said library, and to 
 fit and furnish for the heat and light in the same, and the 
 care thereof; and may, with the consent of the Board of 
 Education or the School Committee use any school room or 
 rooms for this purpose; to purchase or accept donations or 
 gifts of books, magazines, newspapers and reviews; to em- 
 ploy a librarian or librarians and a custodian and caretaker, 
 and shall have such further and additional powers in the 
 premises as are or may be deemed necessary for the foun- 
 dation and establishment, and the support and maintenance 
 of a library, or a library and reading room. 
 
 The said Commission shall also have the power to make 
 such rules and regulations for the conduct of the persons 
 employed by it, and for the care and use of the books, 
 newspapers, magazines and reviews in said library by the 
 persons having authority to use said library, and also con- 
 cerning the conduct and deportment of all persons while in 
 or about said library or library and reading room, as said 
 Commission shall or may from time to time deem proper 
 and advisable; provided, the use of said library or library 
 and reading room or the contents thereof shall be free to 
 said district, or to any person outside the district who owns 
 real estate assessable for the school of the district. The 
 
80 
 
 infraction of ru | es and regulations so made by said Commission shall be 
 enforcible by a penalty which the Commission is hereby 
 authorized the same for a library, or library and reading 
 room, to provide to impose. 
 
 penalty. g^ pena i ty s h a ii cons i s t either of a suspension from 
 
 the privileges of said library or library and reading room 
 
 FInes> and the contents thereof, or by a money fine. All money 
 
 fines imposed as aforesaid may be collected by proceedings 
 
 HOW collected, instituted in the corporate name of the district before any 
 Justice of the Peace of the County, and jurisdiction to 
 hear and finally determine all such proceedings is hereby 
 conferred upon any and all justices of the peace. The pro- 
 cess, mode of proceeding and rendering of judgment shall 
 be as now is, or hereafter may be, provided by law for the 
 collection of fines before Justices of the Peace. 
 
 Sacs!* 11 All fines so collected shall be paid to the district and 
 
 by it paid over to the District Library Commission to be 
 used as other money of which it has the custody and care 
 as hereinbefore provided. 
 
 Additional Section 14. In addition to its other powers, the Dis- 
 
 ?esTd e e r nts S ^th-trict Library Commission may, if it deem proper, permit 
 ct " persons living without the corporate limits of said dis- 
 tricts, to enjoy and use said library or library and read- 
 ing room exactly as though residents of said district, upon 
 the payment to said Commission for the use of the library 
 such fee or fees as said Commission shall deem proper. 
 
 oawfo d r a mo n re Section 15. That any two or more School Districts 
 KJ5^ f ofthS ma y unite for the Purpose of obtaining the benefit of this 
 act - Act. Whenever any School Committee of any such dis- 
 
 tricts shall be petitioned therefor by at least five qualified 
 electors thereof, said Committee shall arrange with the 
 School Committee of any other of said districts for the 
 HOW ejected, holding of a special election to determine the question. 
 At such election, any qualified elector in any one of said 
 Districts shall be entitled to vote at said special election. 
 If a majority of the votes then cast shall be in favor of 
 uniting and establishing a free library for said Districts, 
 the same shall be deemed and taken to be effected. The 
 
81 
 
 districts so united shall be taken to be one district for the 
 purposes of this Act, and shall be considered as belonging 
 to the class which any one of said Districts would have be- 
 longed to if there had been no union. 
 
 Section 16. Whenever the State Library Commission 
 shall certify to the State Treasurer of the State of Dela- 
 ware that any single, united, consolidated or incorporated 
 School District in this State has established a free public 
 library therein, and has raised by taxation, gift, or other- 
 wise a sum not less than the sum prescribed by Section 
 10 of this Act for the class to which such District belongs, 
 for the support and maintenance of said library for the 
 year then next ensuing, that then said State Treasurer 
 shall pay to the District Library Commission of any such 
 School District, a sum equal to one-half of the lowest sum 
 prescribed in Section 10 of this Act for the class in which 
 such district belongs; and annually thereafter, the said Amountof 
 State Treasurer shall pay to said District Library Goihmis- 
 sion a like sum, upon the certificate of the State Library 
 Commission that said District has raised by taxation, gift, 
 or otherwise a sum as hereinbefore provided for the main- 
 tenance and support of a free public library therein for the 
 year next ensuing. 
 
 Section 17. That the free public library heretofore 
 established in the Town of Dover be, and the same is here- 
 
 by transferred to and made the free public library of the fem-d u> 
 United School District known as "Dover Public Schools;" District of c 
 and all the rights, powers, privileges and duties prescribed schools." 
 by this Act for free libraries to be established under its 
 provision, shall immediately vest in the library so trans- 
 ferred, and in the said United School District, and in the 
 Board of Education thereof, and in the local library com- 
 mission having control thereof precisely as if said free 
 library had been established in said united school districts 
 in the first instance. The members of the local library 
 commission having control of said free library at the time SSSSSeS to 
 of the passage of this Act shall compose the District Li- Section. 
 brary Commission after such transfer during the respect- 
 ive terms for which they were severally elected. 
 
82 
 
 Corbit Librarr 
 made a School 
 
 class.i 
 
 District 
 Library Com- 
 mission may 
 borrow mouev 
 
 For what 
 purpose 
 
 Shall adopt 
 resolution 
 and submit 
 it to qualified 
 voters of 
 District 
 
 Shall vote by 
 ballot and 
 majority of 
 votes shall 
 determine 
 
 annual meet- 
 ing of voters 
 
 Form of 
 
 Shall certify 
 result to 
 Board of 
 Education 
 
 That the free library known as the "Corbit Library" 
 provided for under Chapter CCCCXVI of Volume 11 of the 
 Laws of Delaware be and the same is hereby made a School 
 District Library for the purpose of receiving all benefits 
 provided in Section 17 of this Act, and for the purpose of 
 ascertaining what appropriation said Library shall re- 
 ceive under said Section from the State Treasurer, said 
 Corbit Library shall be deemed and taken to be a library 
 established under the provisions of this Act in a School 
 District of the Third Class; but in all other respects said 
 Corbit Library shall remain and continue as though this 
 Act had not been passed. 
 
 Section 18. That whenever the District Library Com- 
 mission of any free public library now or hereafter estab- 
 lished under the provisions of this Act shall deem it proper 
 or expedient that a sum or sums of money should be bor- 
 rowed for the purpose of the purchase of a library build- 
 ing or of a site for such building and for the erection of a 
 building thereon, or for the improvement or repair of any 
 library building owned by such district or for the purchase 
 of books for the use of any free public library as aforesaid, 
 or for any or all of said purposes, that then the said District 
 Library Commission shall adopt a resolution to that effect, 
 and shall submit the approval or rejection of said resolu- 
 tion to the qualified voters of said District at any regular 
 annual meeting of said voters. The approval or rejection 
 of such resolution by the voters of such district shall be 
 by ballot and a majority of the ballots cast for or against 
 said ressolution shall determine the question; provided, 
 however, that if the resolution aforesaid shall be rejected 
 by the voters at any meeting as aforesaid, the question 
 may be again presented to said voters at any subsequent 
 regular annual meeting of the voters of said District. The 
 ballots shall be written or printed "For the Resolution to 
 Borrow Money" or "Against the Resolution to Borrow 
 Money." If the resolution aforesaid shall be approved by 
 the voters of the district as aforesaid, then the District 
 Library Commission shall certify the results of said elec- 
 tion to the Board of Education or School Committee of said 
 district and thereupon the said Board or Committee shall 
 
83 
 
 be deemed to have the power and authority and are here- 
 
 by required to issue and sell a bond or bonds for the 
 
 amount named in said resolution. Such bond or 
 
 shall be in such form and denomination, and shall 
 
 such date and be at such rate of interest, not exceeding etu - 
 
 six per centum per annum, and shall mature at such time Amount bor _ 
 
 or times as said Board of Education or School Committee 
 
 shall determine; provided, always however, that the ag- 
 
 gregate of any sums borrowed under the provisions of this ce - taincla8S 
 
 Section shall not exceed the sum of Ten Thousand Dollars 
 
 in a district of the first class, nor the sum of Five Thous- 
 
 and Dollars in districts of the second, third or fourth Bond 
 
 class, nor the sum of Twenty-five Hundred Dollars in dis- Hovv si s ned 
 
 tricts of any other class. Any bond issued as aforesaid shall 
 
 be signed by the president of the Board of Education or 
 
 the Senior Member of the School Committee of the school 
 
 district affected, and in case said district shall have a cor- 
 
 porate seal, shall be sealed with the same, but if such dis- 
 
 trict shall have no corporate seal, then the word seal with 
 
 a scroll around the same shall be deemed and taken to be 
 
 the seal of the district. Every such bond shall also be Faithpnd 
 
 attested by the Secretary of said Board or the Clerk of ^001 
 
 said School Committee. The faith and credit of the school P led & ed 
 
 district shall be deemed to be pledged by any bond issued 
 
 under the provisions of this Section. The meeting at 
 
 which the approval or rejection of the resolution to borrow 
 
 money as aforesaid shall be any meeting at which members 
 
 of the District Library Commission of said district are 
 
 elected. Whenever any bond or bonds shall have been f 
 
 issued under the provisions of this section, the Board 
 
 Education or the School Committee of the district shall Kind . ot 
 annually raise by levy and taxation a sum sufficient for the 
 payment of the interest on the amount or amounts so bor- Tax for pay- 
 
 , -iiiiTi f j. raent of inter 
 
 rOWed, and shall likewise raise from time to time by levv estand 
 
 , , i n i establish 
 
 and taxation such sum or sums as shall be necessary to Diking fund 
 establish a sinking fund for the payment of the debt 
 secured by said bond or bonds at or before the maturity 
 thereof. The sums authorized to be raised for interest 
 and for a sinking fund as aforesaid shall be raised in the 
 same manner as school taxes in said district are raised, and H wra 
 
 
84 
 
 shall be in excess of any sum or sums authorized to be 
 raised by said district by any other statute. 
 
 Approved March 9, A. D. 1901. 
 Amended and Approved March 31, A. D. 1903. 
 Amended and Aproved March 21, A. D. 1905. 
 Amended and Approved April 15, A. D. 1909. 
 
85 
 
 APPENDIX. 
 
 TRANSFERRING PROPERTY FROM ONE SCHOOL DISTRICT section 9. 
 TO ANOTHER, OR ALTERING THE BOUNDARIES OF EX- 
 ISTING DISTRICTS OR CREATING NEW DISTRICTS. 
 
 NOTICE OF INTENTION TO PRESENT PETITION. 
 
 FORM OF 
 
 Notice is hereby given that (I or we, as the case may be) will 
 
 present a petition to the County School Commissioner of County 
 
 at its meeting at Dover, on the day of ..... A. D. 
 
 for (stating object of petition.) (Signed by petitioners.) 
 
 FORM OF PETITION. 
 
 To the County School Commissioners of County: 
 
 The petition of (in case of petition to transfer, the name of the 
 owner or owners, in case of petition for new districts or to alter 
 the boundaries of old districts, the names of twelve or more free- 
 holders of the districts affected) respectfully represents: 
 
 That (state the object sought and the reason therefor). 
 And your petitioner (or petioners) will ever pray, etc 
 
 (Date) (Signed here by owner or owners in c r se 
 
 of transfer, or by twelve freeholders in 
 case of new districts or change of boun- 
 daries.) 
 
 UNITING OF TWO OR MORE DISTRICTS FOR ESTABLISHING section 10. 
 AND SUPPORTING A SCHOOL FOR THEIR COMMON BEN- 
 EFIT. NOTICE MUST BE GIVEN AS REQUIRED FOR 
 SCHOOL MEETING. 
 
 FORM OF NOTICE TO BE GIVEN IN EACH DISTRICT. 
 
 Notice is hereby given that a meeting of the school voters in 
 
 School District No in County will be held on .. the 
 
 day of next (or instant as the case may be) at 
 
 o'clock M., at in said District, for the purpose of 
 
 (state here the object). 
 
 (Date) (Clerk to sign here.) 
 
86 
 
 After the terms of the union are settled and adopted, 
 a meeting of the united district is held for the election of 
 a school committee, &c , upon notice in the same form as 
 the notice for stated meetings on page 3, except that the 
 words "United School District Nos. - - in - - county" 
 are inserted instead of "School District No. --- ". 
 
 In case there is a proposal to have several school 
 houses in a united district, that fact must be stated in the 
 notices for the meeting. 
 
 YEARLY OR STATED MEETINGS. 
 Under Section 14. 
 
 The clerk of the school district, or if there be no clerk, 
 the commissioners, or one of them, or if there be none, the 
 Clerk of the Peace (on application of five or more school 
 voters of the district) are required to give notice of this 
 meeting by advertisements under hand, of the day, hour 
 and place, posted in five or more of the most public places 
 of the district at least five days before the day of meeting. 
 
 FORM OF ADVERTISEMENT FOR YEARLY MEET- 
 ING. --School Voters. 
 
 Notice is hereby given that a stated meeting of the school 
 voters in School District No ....... (or United School Districts Nos. 
 
 ....... ) in ...... County, will be held on Saturday, the ...... day 
 
 of ...... next (or instant, as the case may be,) at two o'clocK, 
 
 afternoon, at ...... in said district. Dated the ...... day of _______ 
 
 19 ....... 
 
 A.... B...., Clerk. 
 
 When there is 1:0 clerk, the commissioners, or one of t.ietn* 
 signs, thus : 
 
 The acts of the meeting are not void although no no- 
 tice be given; but the clerk or commissioner neglecting to 
 give notice forfeits ten dollars. 
 
 OCCASIONAL MEETINGS. 
 Occcasional meetings of the schcol voters in a district 
 
87 
 
 may be called by the clerk and commissioners, or any two 
 of them. 
 
 The call is by advertisements, under hand, of the busi- 
 ness, and day, hour, and place, posted in five or more of the 
 most public places of the district at least five days before 
 the day of meeting. The business must be specified in the 
 advertisements, and business not specified cannot be trans- 
 acted. It must be at the place where the stated meetings 
 are held. The meeting must be kept open one hour. 
 
 A vacancy in the school committee may be filled at an 
 occasional meeting; in that case, in place of the words 
 "to consider and determine," &c., in the annexed form, 
 use the words: "To elect a clerk (or a commissioner, as the 
 case may be,) in lieu of - ". 
 
 FORM OF ADVERTISEMENT FOR OCCASIONAL 
 MEETING. School Voters. 
 
 An occasional meeting of the school voters in School District 
 
 No in County, is hereby called by the subscribers, to be 
 
 heM on ihe day of next (or instant, as the case 
 
 may be,) at o'clock in the noon, at in said district 
 
 to consider and determine (here describe the business.) 
 
 Dated the day of 19 
 
 E.... P... , i 
 
 G H , < School Committee. 
 
 I.... J...., / 
 (T i o are sufficient) 
 
 MEETINGS CALLED BY THE CLERK OF THE PEACE. 
 
 FORM OF APPLICATION TO THE CLERK OF THE PEACE 
 TO ADVERTISE A MEETING. 
 
 To the Cle.rk of the Peace for County: 
 
 The subscribers, school voters of School District No. , in 
 
 said county, request you to give notice according to law of the stated 
 
 meeting of the school voters of said district on the Saturday 
 
 in 19 ; there being no clerk or commissioner of said 
 
 scioM district to give the notice. Witness our hands the day 
 
 of 19 
 
 This application must be signed by at least five school 
 voters of the district. 
 
The clerk may observe the foregoing form of adver- 
 tisement of yearly meeting, concluding with the words: 
 
 Given under my hand upon the application of five school voters 
 of said district, (thern being no clerk or commissioner to give this 
 notice) the day of , 19 
 
 , Clerk of the Peace of County. 
 
 This advertisement must be posted, as required for 
 other stated meetings, in five or more public places in the 
 district. 
 
 ORDER OF BUSINESS AT ANNUAL MEETING. 
 
 1. Appoint a chairman and secretary. 
 
 2. Let the school committee of the past year present 
 their account, also their report, and at the meeting appoint 
 persons to settle the account; and as soon as the settlement 
 is made, let it be reported to the meeting and entered on 
 the minutes. 
 
 3. Elect by ballot a clerk or commissioner (as the case 
 may be) in place of the one whose term expires on this 
 day; or fill any other vacancy that may exist of clerk or 
 commissioners. A majority of the ballots given is neces- 
 sary to elect. No person but a school voter of the district 
 can be elected. 
 
 4. Resolve, whether any sum above that required to 
 be raised by law shall be raised for the ensuing year, if 
 so, to determine by a majority ballot whether it shall be 
 raised by tax or subscription. 
 
 This last vote must be taken at the annual meeting or 
 the substitute therefor; it can be taken at no other time. 
 
 The vote respecting a tax must be by ballot; it may 
 be taken by writing "Fora Tax/' on some slips of paper, 
 and "Against a Tax," on other slips; and each for a tax 
 voting a slip "For a Tax;" each against a tax, a slip 
 "Against a Tax." 
 
 It is important to attend to each of these items sepa- 
 rately, and have the proper entry distinctly made in respect 
 to it. The proceedings of a meeting have been a mere 
 
89 
 
 nullity in consequence of blending votes on several items. 
 In respect to raising money, it is best to vote first what 
 sum shall be raised, and enter the vote: and then vote con- 
 cerning a tax, and enter this vote. 
 
 If two or more persons receive an equal number of votes 
 for clerk or commissioner (as the case may be), there is no 
 choice, and the meeting should vote again, and so on until 
 one person receives the majority of all the votes. 
 
 CERTIFICATES. 
 
 Three certificates of the proceedings of every meeting 
 must be signed by the chairman and secretary, and de- 
 livered, one to the clerk of the district, one to the Auditor 
 of Accounts, and the other to the Clerk of the Peace of the 
 county. These certificates ought to be made and signed at 
 once, and delivered without delay. 
 
 A chairman or secretary not doing his duty in this par- 
 ticular, within one month, is liable to a fine not exceeding 
 $50; and the proceedings of the meeting shall be void. 
 
 FORM OF CERTIFICATE OF YEARLY MEETING. 
 At the stated meeting of the school voters in School District 
 
 No (or United School District Nos ) in County, 
 
 held according to law on Saturday, the day of 19 
 
 at the district school house in said district. 
 
 A.... B , was appointed Chairman, and 
 
 C D , Secretary. 
 
 The account of the school committee of the past year, namely, 
 
 : nd was laid before t< e meeting, 
 
 and on motion, E F and G H were appointed to 
 
 examine and settle the same. By a report, also, of said -chool 
 committee, it appeared that there had bren kept in the district by 
 
 a teacher (or ... teachers) a school for .the period of , the 
 
 teacher's wages, the rate of , and the highest number of 
 
 scholars males, and females. 
 
 Upon a vote by ballot, K L . was elected clerk, (or 
 
 commissioner, as the case may be), of the said district, he having a 
 majority of votes.* 
 
 (Here may be inserted the adoption of any resolution or statement 
 of other business transacted which is not specified in this form) 
 
 *The above should be substantially observed; but varied from so as to conform to acts. 
 
90 
 
 Resolved, that the sum of be raised in this district above 
 
 the sum required to be raised by law. 
 
 The meeting voted by ballot respecting a tax for raising the 
 above sum. 
 
 And there was a majority of votes for a tax, (or against the 
 tax, as the case may be.)* 
 
 E F and G H , appointed as above to ex- 
 amine and settle the account of the school committee of the past 
 year, reoort, that they have examined and settled the same, and 
 that upon said account there is a balance due to, (or from, as the 
 case may be,) the district of 
 
 Said report was adopted. 
 
 A B , Chairman. 
 
 Attest: C D , Secretary. 
 
 FORM OF CERTIFICATE OF OCCASIONAL MEETING. 
 
 At -*n occasional meeting of the school voters in School Dis- 
 trict No in County, duly called by (insert the name of 
 
 the school committee calling the meeting,) the school committee (or 
 two of the school committee, as the case may be.) of said district, 
 
 and held on the day of 19 , at (here insert 
 
 the place where the stated meetings are held,) in said dist ict. 
 
 A B , was appointed Chairman, and 
 
 C D , Secretary. 
 
 The chairman and secretary inquired respecting the advertise- 
 ments of this meeting, and found that advertisements of the busi- 
 ness, and the day, hour and place of this meeting were posted on 
 
 the day of instant, (or last, as the case may be,) at 
 
 (here mention by a proper description every place in which an ad- 
 vertisement was posted), being five of the most, public places of said 
 district, and the business mentioned in said advertisements was 
 (here set forth the business as contained in the advertisements.) 
 
 Upon a vote by ballot G H , was chosen clerk in 
 
 place of K L , removed, (or refusing to serve, or de- 
 ceased, as the case may be.) 
 
 Reso'ved- [setting doum any prove* dings of fh* meeting, observing 
 that no business can be transacted not mentioned in thr advertisements. } 
 
 A B , Chairman. 
 
 Attest: C D , Secretary. 
 
 *The above should be substantially observed; but varied from so as to conform to 'acts. 
 
91 
 
 SELECTION OF SITE FOR SCHOOL HOUSE. 
 
 FORM OF PETITION. 
 
 To the Levy Court of County: 
 
 The petition of and School Commis- Section 17. 
 
 sioners of School District No in County, respectively 
 
 represent: 
 
 That we are not able to procure by agreement with the owner 
 a lot of land in said district suitable and proper for the erection of 
 a school house for the use of said district. 
 
 Your petitioners therefore pray that three jud'cious and impar- 
 tial freeholders of this County, residing without the limits of said 
 district, be appointed by this Court to select a site for a school 
 house and appurtenances in said district. 
 
 And your petitioners will ever pray, etc. 
 
 (Signed here by Commissioners.) 
 
 
 
 NOTICE TO FREEHOLDERS. 
 
 FORM OF NOTICE. 
 
 To 
 
 You are hereby notified that you and and have 
 
 been appointed by the Levy Court of County to go upon and 
 
 select a site for a school house in School District No. ...... in said 
 
 County. 
 
 We have fixed . . the day of A. D , at 
 
 o'clock M., as the day for you to meet and select the 
 
 site as aforesaid. 
 
 (Date) (Signed by Commissioners.) 
 
 Notice should be sent to each freeholder. 
 
 FORM OF NOTICE TO VOTERS OF DISTRICT. 
 
 Notice is hereby given that we have selected the . 
 
 day of A. D at o'clock M. , for the meet- 
 ing of freeholders appointed by the Levy Court to select a site for 
 a new school house in this District. 
 
 (Signed by Commissioners.) 
 
92 
 
 ASSESSMENT AND COLLECTION OF TAXES. 
 
 As to the proceedings required in the assessment and 
 collection of taxes, the law is so explicit that explanations 
 of its provisions does not seem necessary. A form of 
 notice of posting assessment list is given below. 
 
 POSTING ASSESSMENT LIST. 
 
 FORM OF NOTICE. 
 
 Section 18. Notice is hereby given that a copy of the assessment list of 
 
 School District of No is posted at for inspection, and 
 
 that we will sit on the day of A. D .., at 
 
 o'clock M., at to hear any objection to said list. 
 
 (Signed by Commissioners.) 
 
 The form of warrant to collector is given in the law in 
 Sec lion 20. 
 
 FORM OF NOTICE TO SCHOOL COMMITTEE OF DISTRICT 
 
 We, the undersigned, tax payers in School District No 
 
 County respectfully petition the School Committee of said 
 
 district to call a meeting of the school voters for the purpose of 
 voting on the raising of a tax of dollars to be used in repair- 
 ing, building or furnishing a school house in the district. 
 
 (Signed by Tax Payers). 
 
INDEX 
 
 A 
 
 ADJOURNED MEETINGS- 
 (See School Meetings). 
 
 APPEALS- 
 
 State Board of Education to hear certain 7 
 
 Concerning colored schools, who to sit as member 7 
 
 From County School Commission 10 
 
 ASSESSMENTS- 
 
 Committees to make 27 
 
 On what property 27 
 
 List of assessables 28 
 
 Lands in two districts 28 
 
 Amounts to be raised 28 
 
 Posting list, notice 29 
 
 Appeals 29 
 
 Additions and revisons 29 
 
 In colored schools 29 
 
 Amounts to be raised , 29 
 
 AUDITOR OF ACCOUNTS- 
 
 (See Graded School.) 
 (See School Fund. ) 
 
 To be member and secretary of State Board of Ed- 
 ucation 5 
 
 Settlement of superintendent with 41 
 
 To settle accounts of school committees 41 
 
 May compel settlement 42 
 
 When shall refuse settlement 42 
 
 To notify officers of school meeting of failure of 
 committee to settle .42 
 
2 
 
 B 
 
 BLANKS- 
 
 State Board of Education to issue for reports, statis- 
 tics, &c , 7 
 
 BOARD OF EDUCATION- 
 
 (See State Board of Education) 5 
 
 (See School Committees) 5 
 
 May admit pupils of other districts to higher de- 
 partments 26 
 
 BOOKS- 
 
 (See Text Books) 
 
 c 
 
 CERTIFICATES (Teachers) 
 
 Superintendent to sign 37 
 
 Countersigning 37-38 
 
 Requirements for 38 
 
 Applicants for may appeal 40 
 
 CLERK OF DISTRICT- 
 TO notify Clerk of Peace of names and addresses of 
 newly elected Commissioners or Board of Edu- 
 cation 21 
 
 Special duties of 22 
 
 To distribute text books 34 
 
 To be responsible for safe keeping of books 34 
 
 To sell books and account for money 34 
 
 CLERK OF THE PEACE- 
 
 Duty of in relation to return of county school com- 
 mission, of colored school districts 12 
 
 To send names and addresses of newly elected school 
 commissioners or members of Board of Educa- 
 tion to auditor and trustee of school fund 21 
 
COLLECTORS- 
 
 Dalivary of warrant to 30 
 
 Powers 30 
 
 Refusal to act 31 
 
 Demand for tax 32 
 
 Time in which to collect tax 32 
 
 Neglect to pay over 32 
 
 COLORED SCHOOLS- 
 
 Examination papers for teachers in 6 
 
 Appeals concerning 7 
 
 Supervision of 8 
 
 Division of counties into districts for 11 
 
 Numbers of districts 12 
 
 Rights and powers of districts 12 
 
 Changes in districts 13 
 
 Limitation of number of districts 13 
 
 Meetings in new districts, notice 14 
 
 Qualification of voters 13 
 
 Share in school fund 13 
 
 Assessments and taxation in 28 
 
 Amounts to be raised 28 
 
 To be free to colored children, age 32 
 
 Tax necessary to entitle to school fund 28 
 
 Districts may be altered, &c.,by County School Com- 
 mission 68 
 
 Appropriation to enlarge and rebuild school houses 
 for, in Sussex County, under control of County 
 
 Commission 70 
 
 County Commission to decide upon location 70 
 
 To determine amount, not to exceed one-half neces- 
 sary 70 
 
 How appropriation is paid 70 
 
 COMPULSORY SCHOOL SYSTEM- 
 
 Children between 7 and 14 to attend schools months 
 
 annually 58 
 
 Exceptions . , 58 
 
 Districts may reduce compulsory period to 3 months 58 
 
COMPULSORY SCHOOL SYSTEM (Continued) 
 
 Applicable only to pupils within 2 miles from school 
 
 house 59 
 
 Attendance for like period in private school, ex- 
 empts attendance at public schools 59 
 
 Private Schools to report 59 
 
 Violation a misdemeanor 59 
 
 Penalty 59 
 
 Appeal to General Sessions 59 
 
 Duty of Superintendent before prosecution 60 
 
 What notice sufficient 60 
 
 Fines, to whom payable 60 
 
 Attendance officers 60 
 
 Duties of 60 
 
 Compensation of 61 
 
 District may establish special truant schools 61 
 
 Incorrigible truants may be confined in Ferris Re- 
 form 61 
 
 Pay for pupils 61 
 
 Assessors, duty of 62 
 
 Assessors, fees of 62 
 
 Superintendent to send list of children to teachers 
 
 of district - 62 
 
 School officers may correct list 62 
 
 Report of teacher 62 
 
 Costs, how paid 63 
 
 Violation, a misdemeanor 63 
 
 State Treasurer, duty of as to dividend 63 
 
 Expenses of enforcement of Act, how paid 63 
 
 Superintendent of Wilmington, same power as County 
 
 Superintendent 63 
 
 CONSTITUTION- 
 
 Children to be instructed 25-68 
 
 COUNTY SCHOOL COMMISSION- - 
 
 (See Graded School.) 
 
 (See Normal School Pupils.) 
 
 (See Colored Schools.) 
 
 Supervision of schools vested in 8 
 
COUNTY SCHOOL COMMISSION (Continued) 
 
 How composed 8 
 
 How appointed 8 
 
 Term of office 8 
 
 Political complexion 8 
 
 Senior members 8 
 
 Meetings 8 
 
 Officers of 9 
 
 Quorum 9 
 
 Oath of 9 
 
 Vacancies in 9 
 
 By-Laws and rules 9 
 
 Object of 9 
 
 Powers and duties 9 
 
 Reports of 10 
 
 To hear complaints 10 
 
 To be sanitary commission 10 
 
 Power to condemn buildings 10 
 
 Per diem of 10 
 
 Expenses 11 
 
 Printing and postage 11 
 
 Notice of meeting of 11 
 
 Division of counties into districts for colored 
 
 schools f 11 
 
 Meetings for,notice 11 
 
 Adjournment 12 
 
 Return 12 
 
 School meetings in districts laid out,notice of 12 
 
 Numbering 12 
 
 Acts of a majority of to bind 12 
 
 Compensation of for districting colored schools.... 12 
 
 Changes in districts 13 
 
 Petitions for transfer of property, altering boun- 
 daries and creating new districts 13 
 
 Determination of petition 14 
 
 Certificate 14 
 
 Requirements for new district 14 
 
 Calling meeting in new district 14 
 
 Majority of commission to decide 14 
 
 Report of teachers to 39 
 
COUNTY SCHOOL COMMISSION (Continued) 
 
 To report failure of teachers to so report 40 
 
 Appeals to, of applicants for certificates 40 
 
 Colored school districts may be altered. &c., by 68 
 
 Appropriation to enlarge and rebuild school houses 
 for colored children in Sussex County, Expend- 
 iture under control of County Commission 70 
 
 To decide upon location of building 70 
 
 Shall determine amount 70 
 
 How appropriation is paid 70 
 
 D 
 
 DELAWARE COLLEGE- 
 (See President of) 
 
 DELAWARE COLORED TEACHERS' INSTITUTE 
 Payment of bills of 41 
 
 DISTRICTS- 
 
 (See School Districts) 
 
 DRAFTS- 
 
 On school fund, form of 43 
 
 E 
 
 EXAMINATIONS- 
 
 State Board of Education to compile or cause to be 
 
 compiled sets of papers 6 
 
 For graded schools 6 
 
 Subjects of 6 
 
 New papers 6 
 
 Superintendents to frame questions 37 
 
 To conduct 37 
 
 Requirements for certificate 38 
 
 EXECUTORS OR ADMINISTRATORS - 
 
 May execute warrant of collector 32 
 
F 
 
 FLAGS- 
 
 On school houses 24 
 
 FREE PUBLIC SCHOOLS- 
 
 Supervision of 5-8 
 
 To be free to whom .32 
 
 FREEHOLDERS- 
 
 To secure site for school house 26 
 
 Duty of, notice 26 
 
 Plot, damages 26-27 
 
 Meetings, adjourned, etc 27 
 
 Fees and expenses 27 
 
 G 
 
 GOVERNOR- 
 
 To be a member and President of State Board of * 
 
 Education 5 
 
 To appoint County School Commissioners, and fill 
 
 vacancies in 8 
 
 GRADED SCHOOLS- 
 
 Selection of 47 
 
 To be free to children of County or district 47 
 
 Regulation 47 
 
 Certificate of school selected 48 
 
 Powers of State Board of Education 48 
 
 Rules governing admission of children 48 
 
 Advertisement of 48 
 
 Certificate of rules 48 
 
 Alterations of rules 48 
 
 Powers of County School Commissions 48 
 
 Teachers to certify admission of pupils, to whom 
 
 made 49 
 
 State Board to certify to State Treasurer 49 
 
 Limit of number of pupils 49 
 
 Pay to graded schools for scholars admitted 49 
 
 When and how paid 49 
 
 Settlement with Auditor. 50 
 
 Act not to apply to Wilmington 50 
 
INCORPORATED DISTRICTS- 
 
 Law applicable 46 
 
 INSTITUTE, TEACHERS'- 
 
 Superintendent to hold 38-40 
 
 Teachers to attend 39 
 
 Expenses, how paid 40 
 
 For colored schools 41 
 
 Expenses, how paid 41 
 
 K 
 
 KINDERGARTEN- 
 
 May be established 33 
 
 L 
 
 LEVY COURT- 
 
 Application to for freeholders to select site for 
 school house 26 
 
 LIBRARIES-- 
 
 Appropriation to secure circulating 51 
 
 How to be used 51 
 
 Report 51 
 
 Creation of State Library Commission 71 
 
 How composed 71 
 
 Terms of office 71 
 
 Vacancies 71 
 
 Organization of Commisison 71 
 
 State Librarian, Secretary of 71 
 
 No salary 71 
 
 Additional powers 71 
 
 State Treasurer to pay contingent expenses 72 
 
 Duties of Commission 72 
 
 Make Biennial report 72 
 
 School district may recei ve bequests 72 
 
 May maintain free public library 72 
 
 Classification of districts 73 
 
 School districts of first class 73 
 
LIBRARIES (Continued) 
 
 Question of free libraries to be submitted to electors 
 
 of district 74 
 
 Petition, number of petitioners 74 
 
 Conditions for submission in districts, 67, 96,106 and 
 
 107 74 
 
 Vote by ballot 74 
 
 Form of question to be asked 74 
 
 Qualification of voters, election 74 
 
 How held, notice of 75 
 
 Neglect of notice, how made effectual 75 
 
 Powers of Board of Education or School Committee 75 
 
 Taxation, classification of districts 75 
 
 Amount of tax in each class 75 
 
 Subsequent annual taxation 76 
 
 Taxes collected same manner as school taxes 76 
 
 Each district to determine amount of money to be 
 
 raised, not less than minimum 76 
 
 To elect School District Library Commission 76 
 
 Number of members 77 
 
 Classification as to number of members 77 
 
 Members of School Commission may be members of 
 
 Commission 77 
 
 First meeting, organization 78 
 
 Treasurer, bond of 78 
 
 Vacancy, how filled 78 
 
 Library property, or funds, to be in hands of Dis- 
 trict Library Commission 78 
 
 Report 78 
 
 Additional powers 79 
 
 Infraction of rules 80 
 
 Penalty, fines, how collected 80 
 
 Disposition of fines 80 
 
 Additional powers as to residents without the dis- 
 trict 80 
 
 Consolidation of two or more districts 80 
 
 How effected 80 
 
 Amount of annual appropriation to each free library 
 district . 81 
 
10 
 
 LIBRARIES (Continued) 
 
 Free Public Library of Dover transferred to V. S. 
 
 District of "Dover Public Schools" 81 
 
 Members of Library Commission to be continued 
 
 for election 81 
 
 Corbit Library made a School District Library of 
 
 third class 82 
 
 District Commission may borrow money 82 
 
 For what purpose 82 
 
 Resolution to be submitted to voters 82 
 
 To vote by ballot, majority to determine 82 
 
 Question may again be submitted 82 
 
 Form of 82 
 
 To certify result to Board of Education 82 
 
 Form of bond, denomination, rate of interest 83 
 
 Amount borrowed not to exceed certain amount 83 
 
 Bond, how signed 83 
 
 Faith of district pledged 83 
 
 Meeting for approval or rejection 83 
 
 Tax for payment of interest and to establish sink- 
 ing fund 83 
 
 How raised 83 
 
 M 
 
 MAPS- 
 
 For schools 24 
 
 MEETINGS- 
 
 (See School Meetings) 
 
 N 
 NEW DISTRICTS- 
 
 (See School Districts) 
 
 NON-RESIDENTS- 
 
 Clerks of districts to notify of assessment 29 
 
 NORMAL SCHOOL PUPILS- 
 
 Money for, expended by County School Commis- 
 sioners 56 
 
11 
 
 NORMAL SCHOOL PUPILS (Continued) 
 
 From what section of State selected 56 
 
 Pupils selected to enter into bond to teach in public 
 
 schools 56 
 
 Form of bond 56 
 
 When bond may be enforced 57 
 
 Money to be paid to Commissioners 57 
 
 Amount per week to pupil 57 
 
 Appropriation to be paid to County School Commis- 
 sioners 57 
 
 o 
 
 OATH- 
 
 Of members of State Board of Education 5 
 
 Of county school commissioners 8-9 
 
 Of school committees 21 
 
 OCCASIONAL MEETINGS- 
 
 (See School Meetings) 
 
 P 
 
 PETITION- 
 
 For new district, transfer of property and change of 
 boundaries 13 
 
 PHYSIOLOGY AND HYGIENE- 
 
 Instruction in 24 
 
 Failure to instruct 25 
 
 PRESIDENT OF DELAWARE COLLEGE- 
 
 To be member of State Board of Education 5 
 
 Per diem 7 
 
 PRESIDENT OF STATE COLLEGE FOR COLORED 
 STUDENTS- 
 
 To sit as member of State Board of Education, when 8 
 
12 
 
 R 
 REPORTS- 
 
 Of State Board of Education 7 
 
 Of school committee to voters 21 
 
 Of teachers to commissioners 35 
 
 Of superintendent 36 
 
 Of teachers to State Board of Education 39 
 
 s 
 
 SALARIES- 
 
 Members of the State Board of Education not to re- 
 ceive, exception 7 
 
 County school commission 10 
 
 State Treasurer 35 
 
 County superintendents 35 
 
 Of teachers 39-44 
 
 SANITARY COMMISSION- 
 
 County school commission to be 10 
 
 Rules of school committees 25 
 
 SCHOOL COMMITTEES- 
 
 Supervision of schools in 21 
 
 How composed 21 
 
 Term of office 21 
 
 Election of 21 
 
 Oath 21 
 
 Powers and duties 22 
 
 Acts of majority valid 23 
 
 Vacancies how filled 23 
 
 Misappropriation of funds 23 
 
 Pay over moneys to successors 24 
 
 To have no compensation, exception 24 
 
 To notify superintendent of selection of teacher 24 
 
 To place flag on school house 24 
 
 To supply school with maps 24 
 
 Instruction in Physiology and Hygiene 24 
 
 Ordering teacher not to, penalty.. . 25 
 
13 
 
 SCHOOL COMMITTEES (Continued) 
 
 Unlawful to employ teacher not holding certificate. . 25 
 
 Instruction in constitution 25 
 
 May establish joint schools 25 
 
 May make sanitary rules and regulations 25 
 
 Making assessments 27 
 
 To fix rate of tax 30 
 
 May receive taxes 30 
 
 Delivery of duplicate and warrant 30 
 
 Suit against collectors 32 
 
 To furnish text books 33 
 
 Ordering books 33 
 
 To provide for safe keeping of books 34 
 
 Sale of books to pupils 34 
 
 Report of teachers to 35 
 
 SCHOOL DISTRICTS- 
 (See Colored Schools) 
 
 Transfer of property in : 13 
 
 New ones 13 
 
 Altering boundaries of .13 
 
 Petition for transfer of property. 13 
 
 By whom signed 13 
 
 Petition to create new district, by whom signed-. . . 13 
 
 Notice of petition 13 
 
 Determination by County school commission, cer- 
 tificate 14 
 
 Requirements in creating new district- 14 
 
 Number of new district 14 
 
 Rights and powers of 14 
 
 Notice of meeting in 14 
 
 Limits, to be recorded 14 
 
 Number, location, etc., to be certified to trustee of 
 
 school fund " " 14 
 
 Uniting or consolidating of 15 
 
 Existing, continued 17 
 
 Powers to take property, etc 17 
 
 Suits by . . 17 
 
 But not to possess corporate powers 18 
 
 Joint schools in. . .25 
 
14 
 
 SCHOOL DISTRICTS (Continued) 
 
 Pupils of other districts may be admitted to higher 
 
 departments in 26 
 
 Districts may borrow money for building, &c 65 
 
 Procedure to authorize 65 
 
 Notice of election 65 
 
 Second election, when may be called 66 
 
 Qualification of electors 66 
 
 Form of ballots 66 
 
 When bonds to be issued 66 
 
 Bonds, form of, &c 66 
 
 How executed 66 
 
 May issue mortgage instead of bond 67 
 
 Mortgage issued under same condition as bonds . . 67 
 District to provide for interest and sinking fund by 
 
 taxation 67 
 
 Such tax to be levied and collected as other tax . . 67 
 May receive bequests for free public library ... 72 
 To maintain Free Public Library if approved by 
 
 voters 72 
 
 Nos. 67, 96, 106 and 107 of first class 73 
 
 Electors of districts to determine question of free 
 
 libraries 74 
 
 Petition, number of petitioners 74 
 
 Defining conditions for submission to voters of 
 
 School districts Nos. 67, 96, 106 and 107 ... 74 
 
 Vote by ballot 74 
 
 Form of question to be asked 74 
 
 Qualification of voters, election 74 
 
 How held, notice of 75 
 
 Neglect of notice, how made effectual 75 
 
 Powers of Board of Education or School Committee 75 
 
 Taxation, classification of districts 75 
 
 Amount of tax in each class 75 
 
 Subsequent annual taxation 76 
 
 Taxes collected same manner as school taxes ... 76 
 Each district to determine amount of money to be 
 
 raised, not less than minimum 76 
 
 To elect School District Library Commission ... 76 
 Number of members 77 
 
15 
 
 SCHOOL DISTRICTS (Continued) 
 
 Classification as to number of members 77 
 
 Members of School Commission may be members of 
 
 Commission 77 
 
 First meeting, organization 78 
 
 Treasurer, bond of 78 
 
 Vacancy, how filled 78 
 
 Library property, or funds, to be in hands of Dis- 
 trict Library Commission 78 
 
 Report 78 
 
 Additional powers 79 
 
 Infraction of rules 80 
 
 Penalty, fi n es, how collected 80 
 
 Disposition of fines 80 
 
 Additional powers as to residents without the dis- 
 trict ... 80 
 
 Consolidation of two or more districts *. 80 
 
 How effected 80 
 
 Amount of annual appropriation to each free 
 
 library district 81 
 
 Free Public Library of Dover transferred to U. S. 
 District of " Dover Public Schools." Members of 
 Library Commission to be continued for election 81 
 Corbit Library made a School District Library of 
 
 third class 82 
 
 District Commission may borrow money 82 
 
 For what purpose 82 
 
 Resolution to be submitted to voters 82 
 
 To vote by ballot, majority to determine 82 
 
 Question may again be submitted v .82 
 
 Form of 82 
 
 To certify result to Board of Education 82 
 
 Form of bond, denomination, rate of interest ... 83 
 Amount borrowed not to exceed certain amount . 83 
 
 Bond, how signed 83 
 
 Faith of district pledged 83 
 
 Meeting for approval or rejection 83 
 
 Tax for payment of interest and to establish sink- 
 ing fund 83 
 
 How raised 83 
 
16 
 
 SCHOOL FUND- 
 
 Share of withheld, when 10 
 
 Share of colored schools in . 13 
 
 Uniting or consolidating- of districts not to effect 
 
 distribution of 15 
 
 How constituted 42 
 
 Trustee of 42 
 
 Apportionment of 42 
 
 Manner of distribution 43 
 
 Deposit of 43 
 
 Drafts on, form of 43 
 
 For what purposes used 44 
 
 Part left over in districts to be reapportioned ... 44 
 
 Deductions 45 
 
 Amount of tax to entitle to . 45 
 
 Auditor to make report to Trustee of School Fund . 52 
 
 Appropriation 52 
 
 How divided 52 
 
 Amount to be raised by taxation 53 
 
 Additional dividends, how secured 53 
 
 What amounts to be deducted, 53 
 
 Trustee of School Fund, duty of, on failure to com- 
 ply with act 54 
 
 Each district to make report to Trustee of Schcol 
 
 Fund 54 
 
 SCHOOL HOUSES- 
 
 (See School District) 
 
 Condemnation of ' 10 
 
 Proposal for several 16 
 
 School committee to procure 22 
 
 Securing site for 26 
 
 Application to Levy Court, etc 26 
 
 Exempt from taxation 32 
 
 SCHOOL MEETINGS- 
 
 'First, colored school, time 11 
 
 Place, notice 11 
 
 In new districts, notice 13 
 
 For uniting: or consolidating districts notice ... 15 
 
17 
 
 SCHOOL MEETINGS (Continued) 
 
 Of united or consolidated districts . 16* 
 
 Place of meeting 16 
 
 Qualification of voters at 18 
 
 Illegal voting, penalty 18 
 
 Stated 
 
 Stated meetings, time of holding 18 
 
 Place of holding, 19 
 
 Open one hour 19 
 
 Business 19 
 
 Order of business 19 
 
 Stated meetings in Kent County 69 
 
 Adjourned 
 
 Adjourned meetings 19 
 
 Occasional 
 
 Occasional meetings 20 
 
 Notice of 20-21 
 
 Laws applicable 21 
 
 Failure to meet not to affect power to proceed . . 20 
 
 SCHOOL MONEYS- 
 
 Suits for 17 
 
 Collection and receipt . . 22 
 
 Paying over 22 
 
 Misappropriation of 23 
 
 SCHOOL OFFICERS- 
 
 Existing ones, continued . . . 17 
 
 Nothing in Act to prevent reappointment or re- 
 
 electon of 45 
 
 Special laws relating to, continued 46 
 
 SECRETARY OF STATE- 
 
 To be member of State Board of Education .... 5 
 
 SETTLEMENT OF ACCOUNTS- 
 
 With Auditor 41 
 
 Penalty for failure 41 
 
 What settlement must show 42 
 
 On failure to make returns or to keep schools open 
 
 as required, auditor shall not settle 42 
 
18 
 
 SETTLEMENT OF ACCOUNTS (Continued) 
 
 Notice to school meeting of such failure 42 
 
 Drafting on school fund 43 
 
 STATE BOARD OF EDUCATION- 
 
 (See Graded School) 
 
 To have supervision of schools 5 
 
 How composed 5 
 
 Term of office 5 
 
 Officers of 5 
 
 Meetings 5 
 
 Quorum 5 
 
 Oath 5 
 
 Powers and duties of 6 
 
 By-laws, rules and regulations 6 
 
 Compiling of examination papers 6 
 
 Adoption of text books 6 
 
 Contracts for text books 6 
 
 To hear appeals from County School Commissioners 7 
 
 Blanks for reports 7 
 
 Report for General Assembly 7 
 
 Per diem of senior members of County School Com- 
 missioners 7 
 
 Bills for printing, postage, etc,, of 7 
 
 Who to sit in appeals concerning colored schools, notice 7 
 
 Superintendent to attend meetings of, 36 
 
 Superintendent to execute orders of 37 
 
 Superintendent to deliver note book to 37 
 
 Superintendents to frame examinations for .... 37 
 
 Report of teachers to 39 
 
 Appeals to from applicants for certificates 40 
 
 STATE COLLEGE FOR COLORED STUDENTS- 
 
 President to sit as member of State Board of Edu- 
 cation when 7-8 
 
 STATE TREASURER- 
 
 (See Compulsory School System) 
 To pay per diem to certain members of State Board 
 
 of Education 7 
 
19 
 
 STATE TREASURER (Continued) 
 
 To pay certain bills of, also 7 
 
 To pay per diem, expenses, etc., of County School 
 
 Commissioners 11 
 
 To pay County School Commissioners for layng out 
 
 colored school districts 12 
 
 To furnish order books for ordering text books ... 33 
 
 To keep account of books ordered 33 
 
 To pay for books 34 
 
 Allowance to for services under act 35 
 
 To be trustee of the School Fund 42 
 
 To pay contingent expenses 72 
 
 STATED MEETINGS- 
 (See School Meetings) 
 
 SUITS- 
 
 Districts may maintain 17 
 
 SUPERINTENDENT County 
 
 To have general superintendence of schools .... 35 
 
 Appointment of 35 
 
 Salary of 36 
 
 Qualifications of 36 
 
 Duties of 36 
 
 Powers of 37 
 
 To report to and act under State Board of Education 37 
 
 Examination questions 37 
 
 List of text books 37 
 
 To conduct examinations 37 
 
 To make and sign certificates 37 
 
 Countersigning certificates 38 
 
 To hold teachers' institutes 38 
 
 Requirements for certificate 38 
 
 Appeals from 40 
 
 Settlement with auditor ... 41 
 
 To pay money for Delaware colored teachers State 
 
 institute 41 
 
 To suspend certificates of teachers failing to report 40 
 
20 
 
 SUPERINTENDENT County (Continued) 
 
 To give certificate to teach to persons holding di- 
 plomas from Normal School or College .... 55 
 
 Good for one year 55 
 
 When certificate may be renewed 55 
 
 SUPERVISION OF SCHOOLS- 
 (See Superintendents.) 
 General supervision in State Board of Education 5 
 
 Vested in county school commissions 8 
 
 In school committees 21 
 
 SYSTEM OF SCHOOL- 
 
 Rules to render uniform 6 
 
 County School Commission to investigate . 9 
 
 T 
 
 TAXATION- 
 
 Assessments for school purposes .... 27 
 
 Amounts to be raised .... 
 
 Additional assessments 
 
 Revisions of assessment .... 
 
 Colored Schools . 29-30 
 
 Determination of rate of 
 
 Discrimination in 
 
 Amounts to be raised to entitle districts to school 
 fund 45 
 
 TAXES- 
 
 Determination of rate of 
 
 Receipt of 
 
 Abatement 
 
 Warrant and duplicate 
 
 Proceedings and power of collectors . 30 
 
 Attachment for 
 
 Suits for . . 
 
 Refusal of collector to act 31 
 
 Demand for, evidence 
 
 Time to collect in . 
 
 Neglect to pay over . 
 
 School property exempt 
 
21 
 
 TEACHERS- 
 
 Exammation papers for . 
 
 Appeals of . 
 
 Supervision over 
 
 c\n 
 
 Employment of 
 
 Qualification of 22 
 
 Dismissal 22 
 
 To furnish names of scholars 23 
 
 Notice of selection of 24 
 
 Failure to instruct in physiology and hygiene . . 24 
 Unlawful to employ, when not^holding certificate, 
 
 exception 2 ^ 
 
 Instruction in constitutions 25 
 
 To report to commissioners number of pupils, attend- 
 ance, days of school and condition of text books 35 
 Superintendent may revoke certificate of ... - 37 
 Superintendent to make and sign certificates for . 37 
 
 Countersigning certificates of 
 
 Institutes for 
 
 Requirements for certificates 
 
 To attend institutes 
 
 Salaries of 
 
 Annual report of, affidavit 39 
 
 Failure to report, suspension 
 
 Salary of, limit 44 
 
 TEXT BOOKS- 
 
 f 
 
 Adoption of 
 
 Contracts 
 
 Changes in lists b 
 
 What list of, shall include t> 
 
 To be furnished pupils free ** 
 
 Ordering 
 
 Order books for ordering 
 
 Duplicate order books .... 
 
 State Treasurer to keep account of &> 
 
 State Treasurer to pay for 34 
 
 Distribution of jf* 
 
 Sale of 
 
22 
 
 TEXT BOOKS (Continued) 
 
 Clerks to turn over to successor 34 
 
 Safe keeping of 34 
 
 Sale of books to pupils 35 
 
 Teachers to make report of 35 
 
 TRUSTEE OF SCHOOL FUND- 
 
 (See School Fund) 
 
 State treasurer to be 42 
 
 To withhold dividend when 10 
 
 Clerk of the peace to make certificates to .... 12 
 
 Distribution of school fund among colored schools . 13 
 
 To apportion and distribute . . . 42 
 
 Deposit of fund 43 
 
 To reapportion moneys not used 44 
 
 u 
 
 UNITED OR CONSOLIDATED SCHOOL DISTRICTS- 
 
 Name of 15 
 
 Manner of proceeding 15 
 
 VACCINATION- 
 
 Of school children 26 
 
 VOTERS 
 
 (See School Meetings) 
 
 w 
 
 WARRANT- 
 
 Form of 31 
 
 Delivery of 
 
 WILMINGTON- 
 
 (Schools of) 
 
 Law not to affect 46 
 

YC OfT7 
 
 242661 
 
 UNIVEESITY OF CALIFORNIA LIBRARY 
 BERKELEY 
 
 THIS BOOK IS DUE ON THE LAST DATE 
 STAMPED BELOW 
 
 Books not returned on time are subject to a fine of 
 50c per volume after the third day overdue, increasing 
 to $1.00 per volume after the sixth day. Books not in 
 demand may be renewed if application is made before 
 expiration of loan period. 
 
 'UP 9 1919