LIBRARY 
 
 OF THK 
 
 UNIVERSITY OF CALIFORNIA. 
 
 OF" 
 
 Received , igo . 
 
 Accession No. !9 . Class No. 
 
THE 
 
 School Law of Indiana 
 
 WITH 
 
 ANNOTATIONS. 
 
 ISSUED BY 
 
 HERYEY D. YORIES, 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 nSTDIAX.VPOLIS. 
 1893. 
 
CONTENTS. 
 
 Introduction. 
 
 I. Development of the School System Page 5 
 
 II. Outline of the System " 5 
 
 III. Editions of the School Law " 6 
 
 IV. The Present Edition "7 
 
 V. Superintendents of Public Instruction "7 
 
 VI. Attorneys-General . "8 
 
 VII. Explanations 8 
 
 ttlunul /VonWo/is. 
 
 Article Vm Education ...'.' "9 
 
 Till: SCHOOL LAW. 
 
 Common School*. 
 
 Article I The Fund 43'2r>-4405 
 
 Article II Administration 4406^4464 
 
 Artid<- III Taxation 4465-4471 
 
 Article IV Enumeration 4472-447^ 
 
 Article V Apportionment of Revenue $447741*7 
 
 Article VI --Schools in Cities and Towns $ 44*S-44!)2 
 
 Article VII Selmnls an. 1 School Houses 4499-4519 
 
 Article VIII Teachers' Institutes -. . $ 4.")L ) n 
 
 Artiele IX Five Lil.raries $ 4'}'24-4^:\:\ a 
 
 Article X <irncral Provisions ^ 4");;4-4")41 
 
 Miool $ 4:)4L > -4:>ii(> 
 
 ma University $ 4:>r,]-4n'i;i 
 
 Purdue Universit $ 4u;i_ ) -4r>77 
 

 INTRODUCTION. 
 
 I. DEVELOPMENT OF THE SCHOOL SYSTEM. 
 
 accordance with the general law of institutional development, the 
 growth of the school system of Indiana has been toward simplicity and 
 unity. By the first Constitution it was made the duty of the General 
 Assembly to provide for a general system of education. The first at- 
 tempt to create such an institution was "An act incorporating congres- 
 sional townships, and providing for public schools therein," approved 
 February 6, 1837. The system then established was extremely compli- 
 cated, and was weakened by an excessive division of functions among 
 numerous officers. It was without county or State direction, and nearly 
 every step in matters of taxation and administration was dependent upon 
 the votes of the inhabitants of school districts. These defects were not 
 removed by the "Act to increase and extend the benefits of common 
 schools, 1 ' approved January 19, 1849. The inefficacy of these statutes 
 soon became apparent; and the present Constitution, adopted in 1851, 
 not only renewed the requirement that the system should be general and 
 uniform, but also forbade the enactment of local or special laws for sup- 
 porting common schools. In pursuance of these provisions a general 
 school law was enacted in 1852, and received the approval of the Gov- 
 ernor on February 14 of that year. This law contained the germs of 
 the present system ; and after passing through several revisions by the 
 General Assembly, guided by a series of luminous decisions of the 
 Supreme Court, it wa< embodied in the act of March 6, 1865, the last 
 comprehensive statute on the subject of common schools. This, as 
 amended to date, with a number of supplemental sections and acts, con- 
 stitutes the school law of Indiana. 
 
 II. OUTLINE OF THE SYSTEM. 
 
 1. A State Superintendent of Public Instruction. Elected by the 
 people tor two years. $4406. Charged with the administration of the 
 system, the general superintendence of school affairs, the management 
 of the funds and revenues, and the interpretation of the school law; 
 
6 SCHOOL LAW OF INDIANA. 
 
 makes reports to the Governor and the General Assembly, apportions 
 revenue among the counties, publishes and distributes the school laws, 
 compiles school statistics, and visits all the counties. 4408-4417, 4482. 
 
 2. A State Board of Education. An ex-offido body of professional 
 educators 4420. Examines applicants for State certificates, prescribes 
 examination for professional eight-year licenses, and takes cognizance of 
 questions not otherwise provided for. 4421, 4422, 4425. As Board of 
 School Book Commissioners adopts text-books for the State. 
 
 3. County Superintendents. One for each county, elected by the 
 Township Trustees for two years. 4424. Examine and license teachers, 
 and direct and superintend their work, hold county institutes, compile 
 educational and financial statistics, and report them to the Superintendent 
 of Public Instruction, and carry out directions of the Superintendent of 
 Public Instruction and the State Board. 4425-4431, 4521. 
 
 4. School Trustees. One for each township, elected by the people 
 for four years. 4438 and 5991, R. S. 1881. Three for each town or 
 city, appointed by the Town Board or City Council for three years. 
 4439. Charged with the ownership and management of school prop- 
 erty, levy local taxes, employ teachers, cause township institutes to lie 
 held, make reports to County Superintendents and Commissioners, and 
 constitute a County Board of Education. 443(5, 4441-4444, 4520. 
 
 5. School Directors. 'Elected by the patrons in each school district for 
 one year. 4498: Preside at school meetings, are the media of com- 
 munication between the people and the Trustee, and, under direction of 
 the Trustee, have the care of the school houses, make small repairs and 
 provide fuel. They may exclude refractory p.upils, subject to appeal to 
 the Trustee. 4503-4506. 
 
 6. School Commissioners. One for each district, elected by the 
 voters thereof, in cities of 30,000 or more inhabitants, manage school 
 affairs in such cities. ^4457-4464. 
 
 7. General Institutions. State Normal School. 4542-4560 ; Indi- 
 ana University. 4561-4661 ; Purdue University. 4662-4077. 
 
 8. Special Institutions. Institute for the Education of the Deaf and 
 Dumb ; Institute for the Education of the Blind ; State Reform School. 
 
 III^ EDITIONS OF Till: SCHOOL LAW. 
 
 The act of 1837, relating to public schools, was published ''by 
 authority" in the year of its passage. The act of 1852 provided for 
 the election of a Superintendent of Public Instruction, in compliance 
 

 x'HooL LAW OK INDIANA. I 
 
 >vith the new Constitution, and made it his duty to publish and distribute 
 
 opie- of the School Law as he should deem the publi 
 require. In obedience t<> that requirement, annotated editions 
 published by succe. ive Superintendents, as follows: I>y Larrab. 
 
 by Mills in 1*.V>, by Larrab,-e in !*'>*, by Fletcher in l*ol, by 
 in 1 *<;."> and 1*157. by Ilobbs in 1 *<!<), by Hopkins in 1*7:5, by 
 t in 1*77. by Holcomhe in I**-",, and by Yories in !*!>! and I 
 
 rv. Tin: IM:I>I:NT KIHTION. 
 
 ditioii an efibrt has been made to present a thorough and 
 lete expo.-ition of the administration of a hhrhly developed educa- 
 tional code- -a code embodying a school system which, for it> efiici 
 and thorough orirani/ation and its advanced position as to State super- 
 vision and control, is generally reco^ni/ed ar . :l model State system. 
 
 tie e<lition is al>o intended to be representative of the Department of 
 ie Instruction, preserving decisions ot' th" Superintendents as far a- 
 arc- found applicable to the present law, and creditini: each opinion 
 author whenever he can be determined with any degree of cer- 
 
 :i points of administration the Statutes of many other States are 
 ilar to ours, except that in our State many matters are made final 
 -chool officers, while in many other States they arc adjudicated by 
 the courts. Hence, for the guidance of >chool officers on points that our 
 - have not adjudicated, numerous extracts from Supreme ( 'our 
 
 l^ea are inserted where applicable. 
 All applicable decisions from our own Supreme and Appellate C'<- 
 
 iserted. 
 
 The subjoined list of State Superintendents and Attornevs-Geueral 
 will enable the reader to fix approximately the dates of decisions: 
 
 v. 8TATE sri'i-:i:i.\'i - <>! rria.ic 
 
 Larrabee 
 
 del- Mills 
 
 \V . ' . Lai-raln-r 
 
 imuel L. Ku-- 
 
 J. Fletcher 
 
 \\. Ho-liour . 
 
 visio: 
 
 tO It: 
 
 I ^H 
 
 . '52 to Feb. 
 
 . Feb. '-V> t,, " 
 
 . " M7 to " 
 
 . " T)!> to " 'HI 
 
 . h '()! to Max 
 
 . May ';:> to NO\ 
 
 Nov. T.-J to Ma 
 
 - \\. H - Mar. '65 to Oct 
 
 < . I! bba 68 to Mai 
 
 < !. H.,bbs 
 
 
8 SCHOOL LAW OF INDIANA. 
 
 Milton B. Hopkins Mar. '71 to Aug. '74 
 
 Alexander C. Hopkins Aug. ' 74 to Mar. ' 75 
 
 James H. Smart Mar. '75 to " '81 
 
 JohnM. Bloss " '81 to " '83 
 
 John W. Holcombe " '83 to " '87 
 
 Harvey M. LaFollette " '87 to " '91 
 
 Hervey D. Vories " '91 to 
 
 VI. ATTORNEYS-GENERAL. 
 
 James Morrison 1855-57 James C. Denny .... 1872-74 
 
 Joseph E. McDonald . . 1857-59 Clarence A. Buskirk . . 1874-78 
 
 James G. Jones 1859-60 Thomas W. Woolen . . . 1878-80 
 
 John P. Usher 1860-62 Daniel P. Baldwin . . . 1880-82 
 
 Oscar B. Hord . . , . 1862-64 Francis T. Hord .... 1882-86 
 
 Delano E. Williamson . . 1864-70 Louis T. Michener . . . 1886-90 
 
 Bayless W. Hanna . . . 1870-72 Alonzo G. Smith .... 1890 
 
 VII. EXPLANATIONS. 
 
 The Board of Revision of the Laws, created by the act of March 28, 
 1879, codified the laws relating to common schools, the State Normal 
 School, Indiana University, and Purdue University, and published them 
 as Chapters 52, 53, 54, and 55 of the Revised Statutes of 1881. The 
 numbering and arrangement of sections made by the Board of Revision 
 are preserved, and the numbers in the original acts are placed at the end 
 of each section. In cross-references the letters R. S. and figures 1881 
 are placed after the number when the section designated belongs to a 
 part of the Revised Statutes not included in the school law. A care- 
 fully prepared index may be found at the end of the volume. 
 
 SEPTEMBER 11, 1893. 
 
CONSTITUTIONAL PROVISIONS. 
 
 ARTICLE VIII EDUCATION. 
 
 [In force November 1, 1851.] 
 
 182. Common Schools. Knowledge and learning generally dif- 
 fused throughout a community being essential to the preservation of a 
 free government, it shall be the duty of the General Assembly to 
 .'iinuiragi', by all suitable means, moral, intellectual, scientific and agri- 
 cultural improvement, and to provide by law for a general and uniform 
 i of cMiiiinnii <L'hools, wherein tuition shall be without charge and 
 equally open to all. 
 
 ^ 
 
 two sy 
 
 I 
 
 IODI.S A STVTE INSTITUTION, I'nder our former Constitution we had had 
 'Stems of comnum schools, the general and local, and the local had broken 
 down the L tern and neither had flourished. This was an evil distinctly 
 
 .- of tin- convention which framed the new Constitution, and it was 
 lined that the two systems should no longer co-exist; that the one general 
 i should continue, strengthened by additional aids, and that the counter- 
 -hould go'out of existence. ' Common schools, as a 
 
 made a State institution a system co-extensive with the State, em- 
 1 within it every citizen, e of territory, and all the taxable 
 
 ty i.i the Stat r. Jenners, 10 Ind. Ti! and 77; o Ind. ~>">7. 
 
 MIT common school system must be general, that is, it must 
 l" the State. Corey v. Carter, 4S Ind. 358. 
 be uniform. This will be secured when all the schools 
 
 of the fame grade have t! -tern of government and discipline, the same 
 
 branches of learning taught, and the same qualifications for admission. I 
 
 4. Ci ; l)e equally open to all. But the 
 
 islature may classify the pupils to he admitted, with reference to age, sex, 
 dvancement and branches of >tudy to be pursued, and m:i te to what 
 
 and what school houses the different ages, sexes and degrees of pro- 
 ciency shall be assigned. Id. 360. 
 
 COLORED Pi rn.s. To re<niire the white and colored children to be taught 
 separately, provision being ma'le for their education in the same branches, accord- 
 ing to age, capacity or advancement, with capable teachers, does not amount to 
 a denial of equal privileges to either, or conflict with the open character of the 
 in required by the Constitution. /(/. 3G2, 'i\\ 
 
10 SCHOOL LAW OF INDIANA. 
 
 6. This section does not require the Legislature to levy all school taxes nor 
 prohibit it from providing by general law for the levying of school ta? 
 
 the local school authorities. 102 Ind. 307. 
 
 7. LEGISLATIVE POWER. The Legislature is given full power under this 
 section to provide for a general and uniform system of common schools, and such 
 power necessarily resides in it, although it is not given by the Constitution. It 
 may prescribe the course of study and the system of instruction that shall be pur- 
 sued and adopted, as Avell as the books which shall be used. 122 Ind. 462. 
 
 183. Common School Fund. The Common School Fund shall 
 consist of the Congressional Township Fund and the lands belonging 
 thereto ; 
 
 The Surplus Revenue Fund ; 
 
 The Saline Fund, and the lands belonging thereto; 
 
 The Bank Tax Fund, and the fund arising from the one hundred and 
 fourteenth section of the Charter of the State Bank of Indiana ; 
 
 The fund to be derived from the sale of county seminaries, and the 
 moneys and property heretofore held for such seminaries ; for the fines 
 assessed for breaches of the penal laws of the State, and from all for- 
 feitures which may accrue ; 
 
 All lands and other estate which shall escheat to the State for want 
 of heirs or kindred entitled to the inheritance ; 
 
 All lands that have been or may hereafter be granted to the State 
 when no special purpose is expressed in the grant, and the proceeds of 
 the sales thereof, including the proceeds of the sales of the swam}) lauds 
 granted to the State of Indiana by the act of Congress, of the twenty- 
 eighth day of September, one thousand eight hundred and fifty, after 
 deductiug the expense of selecting and draining the same ; 
 
 Taxes on the property of corporations that may be assessed by the 
 General Assembly for common school purposes. 
 
 1. CONSOLIDATION VOID. In so far as this section attempts to consolidate 
 the Congressional Township Fund with other funds, it is inoperative. The pro- 
 visions of the School Law of 1852, which were designed in pursuance of this 
 section to effect such consolidation, are in contravention of the subsequent section 
 7, and of the congressional grant to the townships. Stater. Springfield Tp., (> Ind. 
 83; Davis r. Indiana, 94 U. S. 792. 
 
 2. SALE OF SEMINARIES VOID. The provisions authorizing the sale of 
 County Seminaries is void, impairing the obligation of contracts. Edwards v. 
 Jagers, 19 Ind. 407. Compare Heaston . The Board, 20 Ind. 398. 
 
 3. PENALTIES. The fact that a penalty under section 6339, for making a 
 false tax-fat, is to be paid into the county treasury, for the use of the county, does 
 not bring the statute into conflict with this section of the Constitution, as such 
 penalty is not a fine in the sense of the word as there used, 108 Ind. 132. So the 
 statute turning over certain fines assessed for immorality to the Home for Friendless 
 Women is valid, sec. 6243; 50 Ind. 215. 
 
 4. ESCHEATED REAL, ESTATE ESTRAY. Under this section it is ''the fund 
 
UUUI 
 
 : 
 
 SCHOOL LAW OF INDIANA. 11 
 
 b- derived from the sale of escheated real e>t;ite. ?< rind not such real estate 
 which becomes a part of the common school fund, (53 Ind. 33. So money 
 arising from UK- sale of e.s/ray.s and iimp-rtij taken tut rift belongs to the school fund 
 by f-.rce of the act of 1844, p. 86, and K. S. 1881, 235; 92 Ind. 353, sec. 4325a. 
 
 See s-< . 4.">'J") and notes. 
 
 184. Principal, a perpetual fund. The principal of the Common 
 School Fund shall remain a perpetual fund, which may be increased, 
 but shall never be diminished ; and the income thereof shall be inviolably 
 appropriated to the support of common schools and to no other purpose 
 whatever. 
 
 1. This "fund must be devoted to the support of the common schools, with- 
 out the diversion from it of a penny for any other purpose whatever," 120 Ind. 
 
 _'. The money due the School Fund can not, by any legislative contrivance, 
 he kept out >f it, nor can any legislative scheme be framed that will preclude the 
 courts from a>eertaining the facts. No official statement can conclude the proper 
 authorities and erect a harrier between them and the way to a recovery of money 
 wliich the Constitution imperatively ordains shall inviolably and without diminu- 
 tion be preserved for school purposes. A statute making the statement of the 
 County Auditors as to the amount of school funds held in trust by their respective 
 counties, when approved by the Superintendent of Public Instruction, "conclusive 
 
 enee of the facts therein contained," is unconstitutional, 120 Ind. 282. 
 
 185. Investment and distribution. The General Assembly shall 
 
 inv-t, in sonic safe and profitable manner, all such portions of the 
 Common School Fund as have not heretofore been entrusted to the sev- 
 eral counties, and shall make provision, by law, for the distribution 
 
 among the .-everal counties of the interot thereof. 
 
 1. The word "invest" is construed a> broad enough to cover loans made 
 by counties, and that the fund m.-iy be entrusted to them for that purpose, but it 
 
 not re>trict to that mode of investment. .'57 Ind. l'2'2. 
 
 186. Reinvestment. It any county shall fail to demand its pro- 
 portion of such interest, for Common School purposes, the same shall 
 be reinvested tor the benefit of such county. 
 
 187. Counties Liability. Tin- several couotiee shaU be hdd liable 
 
 for the preservation of BO much of said fund as may be entrusted to 
 them, and for the payment of the annual interest thereon. 
 
 1.1 unty is liable f..r rent- derived from unsold congressional 
 
 township land. ! >avi- P. The Hoard. -H Ind. 
 
 A< i ION. An action may he sustained in the name of the State on the re- 
 lation of the Board of County C<>miiiiionero to recover rent received by a Town- 
 ship Trustee for the lease of unsold school lands belonging to the sixteenth 
 section, and not paid by such Trustee into the county treasury.- H Ind. .".S !M I". 
 "tt,, 792, 
 
 MEOKKI ii l.'i N i OF t'NSOLD SCHOOL LANDS. Monev derived from 
 
12 SCHOOL LAW OF INDIANA. 
 
 the rents of unsold school lands belonging to the sixteenth section is to be paid 
 into the county treasury, to insure its just and equitable distribution to the in- 
 habitants of the congressional township in which such section lies. 44 Ind. 38. 
 
 4. POLICY OF THE LAW. It is the policy of the law that all school funds 
 [revenues] are to be distributed to the beneficiaries thereof through and from the 
 county treasury to the proper officers of the various school corporations cities, 
 towns and civil townships, 44 Ind. 38. 
 
 5. See sec. 4326 and notes. 
 
 188. Trust Funds inviolate. AU trust funds held by the State 
 shall remain inviolate, and be faithfully and exclusively applied to the 
 purposes for which the trust was created. 
 
 1. EXPENSE OP MANAGEMENT. The Constitution requires the counties to 
 bear the expense of managing the School Fund, 103 Ind. 497 ; 65 Ind. 176 ; 90 Ind. 
 359; 116 Ind. 329. 
 
 2. DIRECT TRUST STATUTE OF LIMITATION INOPERATIVE. The county, in 
 receiving and disbursing the School Fund, acts as the trustee of a direct trust, and 
 against such trust the defense of the statute of limitations can not be interposed, 
 103 Ind. 497; 106 Ind. 270. 
 
 3. ACTION AGAINST COUNTY. An action will lie against a county for money 
 paid out of School Fund to its officers for managing such fund, 103 Ind. 497. 
 
 4. SETTLEMENT BETWEEN COMMISSIONERS AND COUNTY OFFICER DOES NOT 
 CONCLUDE THE STATE. A settlement between the Board of Commissioners and a 
 County Auditor or other county officer does not conclude the State from maintain- 
 ing an action to recover school funds unlawfully paid to an officer by the board, 
 103 Ind. 497; 106 Ind. 270;. 116 Ind. 329, 531. 
 
 5. DUTY OF COMMISSIONERS FEES COUNSEL INTEREST. It is the duty of 
 the Board of Commissioners to prosecute an action against a Township Trustee 
 who refuses to account for the income of land 'belonging to the Congressional 
 Township Fund, and in the discharge of that duty it is proper for the Board to 
 employ attorneys and pay reasonable fees for their services out of the proper 
 funds; but such fees can not be paid out of the moneys recovered in such proceed- 
 ings, as such moneys, under the compact between the United States and the State 
 of Indiana, and under Section 3 of Article 8 of the State Constitution, are in- 
 violably appropriated to the inhabitants of the proper township for the use of the 
 common schools, and for any deduction made therefrom for attorneys' fees or 
 otherwise the county is liable, under Sections 6 and 7 of the article cited, with 
 interest from the date of diversion. Attorney's fees should be paid out of the 
 general county fund, 116 Ind. 329. 
 
 6. THE GRANT WAS A CONTRACT. The grant, by Congress, of the sixteenth 
 section to the inhabitants of the Congressional townships, respectively, was a con- 
 tract executed and incapable of revocation by the legislature, 6 Ind. 83 ; 7 Ind. 
 570, 636; 22 How. 56; but the School Law of 1855 was held valid, 7 Ind. 570, 630. 
 
 189. Superintendent of Public Instruction. The General 
 Assembly shall provide for the election, by the voters of the State, of a 
 State Superintendent of Public Instruction, who shall hold his office for 
 two years, and whose duties and compensation shall be prescribed by 
 law. 
 
 1. See sec. 4406 and notes. 
 
THE SCHOOL LAW. 
 
 r: 
 
 ARTICLE I THE FUND. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4325. "What constitutes. The funds heretofore known and desig- 
 nated as the Surplus Revenue Fund, all funds heretofore appropriated to 
 mon schools, the Saline Fund, the Bank-Tax Fund, the fund -which 
 been derived or may be derived from the sale of county seminaries 
 and the property belonging thereto, the moneys and properties heretofore 
 held for such seminaries, all fines assessed for breaches of the penal laws 
 of the State, all forfeitures which may accrue, all lands and other estate 
 which shall escheat to the State for want of heirs or kindred entitled to 
 the inheritance thereof, all lands which have been granted, or may be 
 granted lien-after, to the State, when no special object is expressed in 
 the grant, the proceeds of the sales of the swamp lands granted to the 
 State of Indiana by the act of Congress of September, 1850, the taxes 
 which may 1>< assessed from time to time upon the property of corpora- 
 tions for common school purposes, and the fund arising from the one 
 hundred and fourteenth section of the charter of the State Bank of 
 Indiana, shall be denominated the "Common School Fund." The 
 fund derived from the sale of Congressional township school lands, and 
 the un.-old Congressional township school lands, at the reasonable value 
 thereof, shall hi- denominated the "Congressional Township School 
 Fund," and shall never be diminished in amount, the income of which, 
 together with the taxes mentioned and specified in the first section of 
 this act [4465], the money ami income derived from licenses for the 
 sale of intoxicating liquors, and unclaimed !<-, a- provided by law, 
 shall be denominated the "School Rr\vntie for Tuition," the whole of 
 which is hereby appropriated, and shall be applied exclusively to fur- 
 nishing tuition to the common schools of the State, without any deduc- 
 tion for the expense of collection or disbursement. (2) 
 
 1. Two IM-TIMT IMNIX. Th i> -crt ion, in conformity with the decisions cited 
 under Const. 183, provides that there shall be two distinct funds, the "Common 
 
14 SCHOOL LAW OF INDIANA. 
 
 School Fund" and the "Congressional Township School Fund," which must be kept 
 apart ana 1 managed separately ($4327). Under the former title are consolidated 
 all the funds named in the Constitution, except the Congressional Township Fund, 
 and in addition thereto "all funds heretofore appropriated to eommon schools," 
 referring to all moneys arising from the sale of astray animals, and property taken 
 up adrift, which were, by an act approved January 15, 1844, transferred to the 
 Common School Fund of the county to be ratably apportioned among the several 
 school districts thereof. Neither of these funds shall ever be diminished, for the 
 term Common School Fund in the Constitution includes both. 
 
 2. REVENUES. Of the "School Revenue for Tuition" the interest on the 
 Common School Fund, the proceeds of the State tax, and the unclaimed fees are 
 paid into the State treasury and apportioned to the counties by the Superintend- 
 ent of Public Instruction semi-annually on the basis of school population. 4477- 
 4482. The revenues derived from the Congressional Township Fund and from 
 county liquor licenses are distributed by the county auditors to the townships and 
 counties to which they respectively belong. 4486 E. S. 1881, and 5316; State v. 
 Forkner, 70 Ind. 241. 
 
 3. FEES OF OFFICERS. Xo deduction shall be made from the school reve- 
 nues for expense of collection or disbursement, but the county auditors shall re- 
 ceive from the general funds of the counties the amount of one per cent, on the 
 permanent school funds held in trust by their several counties, as compensation 
 for the management of them. R. S. 1881, $5909; Hanlon v. The Board, 53 
 Ind. 123. 
 
 4. ILLEGAL, DEDUCTIONS RECOVERABLE STATUTE OF LIMITATIONS. By the 
 school law of 1855, and also of 1865, still in force (R. S. 1881, 4325), the income 
 of the Common School Fund and the taxes levied and collected for tuition are re- 
 quired to be applied exclusively to furnishing tuition in the common schools of the 
 State. Provision is made for payment out of the county fund of the fees of offi- 
 cers for collecting, managing and dispensing the tuition fund. (R. S. 1881, $5909, 
 5927, 5928.) From the constitutional and statutory provisions it is manifest that, 
 with reference to common school funds, the State and county act simply as trust- 
 ees for the benefit of the school children of the State. The county can not re- 
 pudiate or disavow its trust, and where it misappropriates common school funds, 
 no failure of the proper officers to bring suit for any length of time after notice of 
 the misappropriation can be set up by way of limitation to the action to the pre- 
 judice of the beneficiaries of the trust. State v. St. Joseph Co., 90 Ind. .359; 
 Board of Com. v. State, 103 Ind. 497. Board of Com. v. State, 106 Ind.' 270; 
 Board of Com. t>. State, 106 Ind. 53. 
 
 5. ESTRAYS. Under the first clause of the schedule annexed to the Consti- 
 tution of 1851, the act of January 15, 1844 (p. 86 of act of 1844), entitled "An 
 act converting the moneys arising from the sale of estrays and property taken up 
 adrift into the Common School Fund, not being inconsistent with the Constitution 
 and not having expired or been repealed, has remained and is in force;" and 
 under its provisions and those of $4325, all moneys arising from the sale of estray 
 animals and property taken up adrift, "so soon as the same shall have vested ab- 
 solutely in any county," become a part of the Common School Fund of the State. 
 Board r. State, 92 Ind. 353. See sec. 4325a. 
 
 6. RECOVERY OF DEDUCTIONS. The statute of limitations of 1852 does not 
 bar a recovery against a county for misappropriation of funds donated by the 
 
SCHOOL LAW OF IMMANA 
 
 istitution and laws exclusively to tuition in the common schools; and the ap- 
 >priation of any part of it to the payment of ot : for collecting or man- 
 
 ninda i> wholly unauthorized, and a violation of a trust which is not in 
 of a county to deny. - ..anl of r.,mnii->iom-r-, '. Ind. .">-~>'.i; 
 
 >rd of CommisMoncrfi 0. State, !<:; Ind. 4'.7; Vanarsdall v. State, tio Ind. 
 
 7. 1 INK-. A fine for eontcmpt is as much a part of the School Fund as any 
 ur line. - Alexander r. State. '. Ind. 337; Swift r. State. r,J{ Ind. Si. 
 
 provisions of the ('(institution with refer --heats 
 
 uting; and money paid into the'State Treasury for want of heirs 
 5, R. S. L881, dofl not ocheat. J/iV//* /./. Ath/.-<;>:n.: State 
 
 and notes.] 
 
 INHABITANTS. The school law does not conflict with the 
 , f Coi . nting the sixteenth .M-ctiou in the several congressional town- 
 
 \] in the State to the inhabitant! of such townships for the use of schools. 
 >uiik r. Springfield Township, 7 Ind. ii.".ti; State r. Springfield Township, 
 ti h.d. s:; ; i^uick v. Whitewater Township, 7 Ind. ~>70; I>aggett r. Bonewitz, 
 107 Ind. 2 
 
 10. LIQUOR LICKNSK FEES. Liquor license fees belong to the county, there 
 wholly-expended for tuition purposes, and not to the permanent Common 
 ,1 Fund of the State. R. S. 1881, $531 1>; State r. Forkner, 70 Ind. 241. 
 
 1 1. MANDATE. Mandate lies to compel the proper application of the funds. 
 
 prider, 96 Ind. 27!. 
 
 12. STATE NOT LIAHI.K TO rorxTY. The State it not liable to a County 
 uer for the collection of the revenue belonging to the School Fund. 
 
 Mii-fii'ifi; Ait ij.-' 
 
 i.iv FOIND ON DEAD BODIES. The proceeds of effects found bj 
 the Coroner on the bodies of dead persons do not belong to the Common School 
 Fund, hut go to the support of the common schools of the county, and an action 
 to compel its proper application can not be prosecuted on the relation of the 
 Attorney-general. --State v. Board of Commissioners, S."> Ind. 489. 
 
 14. LOTTERIES. Lotteries in aid of schools, and gift exhibitions are illegal. 
 Whitney r. State, 10 Ind. 404. 
 
 15. TAX PKNU.TY. The provision of the tax law (R. S. 1881, 6339), 
 inflicting a penalty for a false tax list, and turning the penalty into the County 
 Treasury for the use of the county, instead of for the School Fund, is consti- 
 tutional. - -Burgh v. State, 108 Ind. M'J. 
 
 1<>. Sale of escheated and other lands and transfer of proceeds to Permanent 
 
 School Fund by Auditor of State. [See Acts IS*!*, p. :;n>. W.] An act of 1883 
 
 authorized the County Commissioners to sell escheat lands. [Sec Acts 1883, p. 7'..] 
 
 17. The Auditor of State loans the funds known as the College Fund and 
 
 the Endowment Fund. Yories, Sup't. 
 
 Ctknu !<' and 1*8 and note-. 
 
 Approved and in force .January 1">, 1X44.] 
 
 4425a. Kstrays and property adrift. 1. All moneys arising 
 Yoni tin- salt- d' rstray animals and property taken up adrift, so soon as 
 tlu- same shall have vested absolutely in any county, shall !> by the 
 proper officers transferred to tbe Common School Fund !' the county, 
 
16 SCHOOL LAW OF INDIANA. 
 
 and shall be ratably apportioned amongst the several school districts 
 [corporations] thereof. 
 
 1. The above section is in force, 90 Ind. 353. 
 
 2. The Attorney-General is the proper relator to wage such suits on behalf 
 of the State, 67 Ind. 148 ; 92 Ind. 353. 
 
 3. See note 8, under sec. 4325. 
 
 4326. Counties liable. The several counties of this State shal. be 
 held liable for the preservation of so much of said fund as is intrusted or 
 may have been intrusted to them, and for the payment of the annual 
 interest thereon, at the rate established by law, the payment of which 
 interest shall be full and complete every year, and shall so appear in the 
 Auditor's report to the Superintendent of Public Instruction; and the 
 said Superintendent shall, at any time, when he discovers, from the 
 report or otherwise, that there is a deficit in the amount collected, for 
 want of prompt collection or otherwise, direct the attention of the Board 
 of County Commissioners and the County Auditor to the fact, and said 
 Board of Commissioners are hereby authorized and required, to provide 
 for such deficit in their respective counties. (3) 
 
 1. INTEREST. This section is designed to carry out the requirements of the 
 Constitution ($187). The interest on the school funds is at the rate of six per 
 cent. 4369. 
 
 2. DEFICITS MADE UP. The Board of County Commissioners is required to 
 make up losses to both the principle and interest of the funds, at their June meet- 
 ing ($4399), by authorizing the Auditor to draw a warrant for the amount of the 
 deficit upon the general fund of the county in favor of the particular school fund 
 found deficient, and upon failure of the board so to act, they become liable to an 
 action in the name of the State upon the relation of the Superintendent of Public 
 Instruction, who may notify the proper prosecuting attorney to bring such action. 
 
 3. ATTORNEY-GENERAL AS RELATOR. When suit is brought by the State to 
 recover any part of its common school fund, the Attorney-General is a proper 
 officer to bring such suit, and is a proper relator therein. Board v. State, 92 
 Ind. 353. 
 
 4. ATTORNEY'S FEES. A county may, and it is its duty, to employ an attorney 
 to protect the school fund; but it can not pay him out of that fund; it must pay 
 him out of the general county fund. Board of Com. v. State, 116 Ind. 329. 
 
 5. COUNTY LIABLE. The school fund is entrusted to the county, and it is 
 charged with the amount it receives; if loss occurs the county has to make that 
 loss good; and if the money is not loaned the county is chargeable with the inter- 
 est thereon, and must pay it; when this is done the obligation of the county has 
 been fully met. It never was the intention of the framers of the Constitution that 
 the school fund should be enhanced at the expense of the county, but simply that 
 the fund should be preserved intact, and the interest annually paid. Board of 
 >Com. v. State, 122 Ind. 333. 
 
 4327. Account of Fund. The County Auditors of the several 
 counties of this State shall, immediately upon the taking effect of this 
 

 SCHOOL LAW <>F INMANA. 
 
 , open an account upon their books with each of the congressional 
 townships of their respective counties whose funds are managed by 
 them, and transfer to such account, from the Common School Fund ac- 
 count, the principal of the Congressional Township Fund, as it existed 
 before its consolidation with the Common School Fund, and shall there- 
 
 r keep a separate account of the principal and interest of the Con- 
 iohal Township Fund of each township. (151) 
 
 1. SEPARATION OP Frxns. This F -ction requires the separation of the Con- 
 sional Township Fund from the Common School Fund, with which it had 
 
 n consolidated by the school law of 1S.V2, in Accordance with the Constitution 
 . Hut theeourts ha\v held that the proceeds of thesaleof the school sections 
 could not be diverted from the use of the inhabitants of the congressional town- 
 ships, to whom tlu-y had been granted by the United. States. State v. Springtield 
 Ind. N',; same, L>:> How. I". S. 5(5; Quick r. Whitewater Tp., 7 lud. 570; 
 ick r, Sprindield Tp., id. 636. 
 
 2. PROCEEDS OF LANDS. "When the school sections have been sold the pro- 
 "f the saie arc mana<_re<Lby the County Auditor, and the interest thereon 
 
 distributed by him through the county treasury to the proper School Trustees. 
 Davi ! t Ind. 38; affirmed, 94 (4 Otto) U. S. 7i 
 
 3. See section 1 87 and notes. 
 
 [1873, p. 79. Approved and in force March 7, 1873.] 
 
 4328. Custody of lands Report of income. The custody and 
 
 fall lands hcl< (lining to the Congressional Township Fund shall 
 :li the Trustee of the civil township in which the same shall oe sit- 
 uated; who shall report, annually, to the Auditor, by the fourth Monday 
 in March, the annual income derived therefrom, to the township. And 
 the report .-hall embrace a fully itemi/.ed statement of bis rent account of 
 Rich lands; to whom and for what amount the same was rented to each 
 tenant; and whether the rents have been collected or not ; and if any 
 portion has not hem c.dlec- ,,uld state fully the reasons why the 
 
 same has not bee; d. Any Trustee who has heretofore failed 
 
 and i . report >hall embrace in his first report such itemi/.ed 
 
 statement and showing f>r each preceding year not so reported, whether 
 by himself or his pn-.i : and the amount of School Funds for 
 
 any year, to which such township miirht otherwise be entitled, shall be 
 withheld, and not paid over i. Mich Trustee, if the rental value of such 
 lauds for nidi terms .-hall e<jiia! ! the township's otherwise por- 
 
 tion of the School Fund; and it shall be the duty of such Trustee 
 to pay into the county treasury all rents collected and reported by him 
 
 :d. (44) 
 
 1. llr.vr- DISTRIBUTED. The rents of school lands shall be paid into the 
 county treasury. t> be distributed by the Auditor together with, and in the same 
 
 manner as tin- i .nal Township Fund. And a Township 
 
 2 SCHOOL LAW. 
 
18 SCHunL LAW OF INDIANA. 
 
 Trustee who fails to pay the rents into the county treasury, as therein required, is, 
 with his county, liable on his bond for the amount, with ten per cent, damages, 
 in a suit in the name of the State on relation f the Board of Commissioners. 
 Davis 7?. State, 44 Ind. 38 ; 94 IT. S. (4 Otto) 792. 
 
 2. MUST BE PAID IN FULL. The Trustee can not withhold a balance of 
 rent on hand at the date of settlement, to be expended in repairs during the en- 
 suing year. Buskirk, Atfy-Clrn. 
 
 3. JUDICIAL NOTICE. Courts will not take judicial notice what lands were 
 substituted for the sixteenth section, when that section has been sold and other 
 lands substituted for it. It must be shown that such substituted lands were 
 actually selected by the Secretary of the Treasury, as required by the statute of 
 the United States. Peck r. L., X. A. & C. K. K. Co., 101 Ind. 766; Daggett r. 
 Bonewitz, 107 Ind. 276. 
 
 4. See sections 187, 188 and notes. 
 
 5. THE EQUALIZATION OF REVENUE among the civil townships by taking 
 into consideration the congressional township revenue is constitutional. 7 Ind. 
 570; 10 Ind. 72; 9 Ind. 175; 17 Ind. 344; 14 Ind. 200; 22 U. S. 56. 
 
 6. See section 4486 and notes. 
 
 7. SCHOOL LANDS NOT SUBJECT TO ASSESSMENT FOR DRAINS. The con- 
 gressional township lands in this State are % not subject to assessments in aid of 
 construction of public ditches or drains. 126 Ind. 261; same case, 26 X. E. 
 Rep. 156. 
 
 8. WHERE LANDS WERE SELECTED BY THE SECRETARY OF THE TREAS- 
 URY FOB SCHOOL PURPOSES, under act of Congress of May 20, 1826, the 
 title vested in the inhabitants of that congressional township, and a cause of ' 
 action to recover the possession of the lands from one holding them adversely ac- 
 crued at that time. The fact that the claimant entered into possession of the land 
 while the title was in the U. S. did not prevent his holding from becoming ad- 
 verse to the township so soon as the title vested in it. 29 Ind. 70. 
 
 [1865, p. 3. Approved and in force March 6,1865.] 
 
 4329. Leasing lands. He shall have power, when directed so to 
 do by a vote, or by the written direction of a majority of the voters of 
 the congressional township to which the same belongs, to lease such 
 lands for any term not exceeding seven years, reserving rents, payable 
 in money, property, or improvements upon the land, as may be di- 
 rected by a majority of such voters. (45) 
 
 1. VOTERS. The voters here intended are such persons as are entitled to 
 vote at general and township elections, as denned in the Constitution (K. S. 1881, 
 84). As the law does not provide how such vote shall be taken, a petition is the 
 better mode of procedure. If signed by a majority of the voters of the township 
 the Trustee is bound to comply with it. See 27 N. E. Rep. 439. Same case, 1 
 Ind. App. 34. 
 
 2. POWER OF TOWNSHIP TRUSTEE. A Township Trustee has no power to 
 lease the lands belonging to a congressional township, unless the voters of such 
 
LAW OF INDIANA. 
 
 
 township direct their leasing; ami a tenant taking a lease without such direction- 
 having been given, does so at his peril. 1 Ind. App. .'U ; same case, 27 N. E. 
 
 439. 
 
 3. ArnioKiTY TO Ixrrit DKBTS. No authority is given township Trust- 
 ees to incur debts in improving school lands. 1 Ind. App. 34; same case, 27 N. 
 I-!. Rep. 439. 
 
 14. CONTRACTCONDITION TKE KDENTS. Wherever the authority of a 
 Trustee to bind his Corporation by contract depends upon precedent conditions, 
 one who seeks to establish rights under such contract must>ho\v affirmatively that 
 all of the antecedent requirements were strictly complied with. 1 Ind. App. o4: 
 1C. Kep. 439. 
 
 4330. Divided school section. When the sixteenth section, or 
 the section which may be in-anted in lieu thereof, shall be divided by a 
 
 unty or civil township line, or where the substituted section lies in 
 any other county in the Stau-, the voters of the congressional township 
 to which the same belongs shall designate, by vote or by the written di- 
 tion of a majority, the Trustee of one of the civil townships in- 
 cluding a part of said section, t<> have the care and custody of said 
 section, and to carry out the directions of the voters of the township in 
 relation thereto; and the Trustee so designated shall have the same 
 jiowers and perform the same duties as if the entire section was situated 
 within the limits of the civil township, and receive from the County 
 Mirer the revenue derived from funds accrued from said sale. (46) 
 
 1. See section 4:\'2\> and notes. 
 
 4331. Boundaries of townships. The County Commissioners of 
 each county are required t<> conform the boundary <>f their civil town- 
 ships to those of < .nal townships, BO far as it it practicable to 
 do 80. 
 
 1. The County Commissioners have full power to determine the boundaries 
 of civil township. I!, g 
 
 Man-h 1_. 
 
 4332. School township, when county lines divide. Where 
 
 county lines divide a coir.: -regional township, the proper officer in the 
 county in which the roni:Te.-Monal school land- are situated, or would be 
 Mtuatcd if unsold, shall control such lands and the funds arising there- 
 from, ;\s in this art i- provided. (1) 
 
 1. These six secti. i provide for the transfer from one county 
 
 U> Another of the principal of the fund belonging to con^re-sional townships di- 
 vided by guilty lines, so that the share of each part of such township may be 
 controlled and managed by the Auditor of the county in which such part lie-. 
 This transfer of the fund is intended to put an end t> the sy-tern by which an 
 
20 SCHOOL LAW OF INDIANA. 
 
 Auditor of one county is obliged semi-annually to apportion congressional town- 
 ship revenue between the parts of townships lying in his own and other counties, 
 as provided for by $4432 and 4480, and which proved very unsatisfactory in its 
 working. Holcombe, Supt. 
 
 4333. Auditor's statement as to children. When the enumer- 
 ation is made of children, under the school laws, the Auditor of each 
 county shall furnish to the Auditor of the other a statement showing 
 the number of children in each congressional township ; and to enable 
 him to do this correctly, the person or officer making the enumeration 
 shall correctly state the number of children in the congressional town- 
 ship so divided by county lines. (2) 
 
 1. See 4472. 
 
 4334. Auditor's duty. The Auditor of the county having con- 
 trol of the fund shall open an account with the other county as to each 
 congressional township, and credit said other county with all money on 
 hand, all securities for lands sold, and, if any lands be unsold, with the 
 proceeds when sold ; and, from time to time, as money comes in, shall 
 credit such county with such money that is to say, shall divide such 
 money pro rota on the basis of such enumeration, and enter the credit ; 
 and shall pay over such money, be it little or much, to the Treasurer of 
 such other county, file his receipt with the Auditor, and take a quietus ; 
 and so continue until the whole portion due such other county is paid 
 over. Such payments shall be made quarterly, to correspond with the 
 fiscal year. (3) 
 
 1. RECOMMENDATION. It is recommended that no payments be made be- 
 tween May 1 and July 1, thus allowing the Auditors of counties to receive all re- 
 mittances in time to include them in the June reports of the Auditors and Com- 
 missioners to the Superintendent of Public Instruction. Holcombe, Superintendent. 
 
 2. In Ware v. State, 74 Ind. 181, it was held that a loan made by the Au- 
 ditor of a county to himself was void, but this wag so modified in State v. Levi, 99 
 Ind. 77, as to make the mortgage valid or invalid at the option of those having a 
 supervisory control over such fund. Such mortgage remains a subsisting security 
 for the loan against the mortgagor or his residue, for value, and without notice, 
 notwithstanding the reimbursement of the School Fund out of the county reve- 
 nue. (State v. Greene, 101 Ind. 532.) Such mortgage bears the same rate of In- 
 terest after foreclosure as before maturity. (Stockwell v. State, 101 Ind. 1.) But 
 the rate of interest would be modified by the act approved February 17, 1893. 
 See p. 41, Acts 1893. 
 
 3. A County Auditor can not lawfully both lend and borrow from the School 
 Fund, and loans so made and mortgages so executed are without authority of 
 law. State v. Greene, 101 Ind. 532. 
 
 4335. Account and distribution. Such Auditor to the county 
 controlling such lands and fund shall also open an account%ith such 
 lands and with the township in his own county divided by county line, 
 
SCHOOL LAW OF INDIANA. Zl 
 
 id shall debit and credit such accounts as he receives money or secur- 
 ies from sales or collections from lands forfeited and re-sold, and all 
 expenses in full and regular order of entry and accounting, so he can 
 tell, at any time, the condition of the lands, funds and securities. He 
 shall collect in, as fast as possible, all moneys outstanding, make proper 
 distribution as per enumeration, and credit the proper account in said 
 county, and continue to pay over to the other county, as above pro- 
 vided, until each county has its proper proportion of said funds. (4) 
 
 4336. Duties of the other Auditor. The Auditor of such other 
 county shall open an account with the proper township in his county, 
 and credit such fund as fast as received ; and, when in sufficient amount, 
 shall loan the same as now required by law. Both Auditors shall make 
 a statement of the condition of the fund annually, at the end of the 
 proper fiscal year, and file one copy with the Superintendent of Public 
 Instruction, lay one before the County Commissioners (which latter shall 
 be spread upon their record), and both shall be sworn to by the Au- 
 ditor. (5) 
 
 4337. Account Re-adjustment. The process contemplated by 
 this act shall continue so long -as any lands remain unsold, or any secur- 
 
 ties are uncollected, and until each county stall have become possessed 
 of its proper share of such fund in money, when the accounts here re- 
 quired to be kept shall be closed and reported as aforesaid: Provided, 
 That in the year 1890, and every two years thereafter, there shall be a 
 re-adjustment of said fund belonging to such congressional township, 
 upon the basis of the number of children enumerated in each part of 
 such congressional township, as hereinbefore provided ; and the Auditor 
 havinir a surplus of such fund, according to such basis, shall pay to the 
 Treasurer of the county interested the amount of money due said 
 county upon the per capita basis then existing. For the services here 
 provided lor, the Auditor shall be allowed the same fees for records, 
 certificates and other labor, as is allowed by law for other similar ser- 
 vices. (6) 
 
 1. The Auditor's fees must be paid out of the General Fund of the county. 
 . Note 3. 
 
 [1867, p. 3. Approved and in fnroo March 6, 1865.] 
 
 4338. Power Of Trustee. The proper Trustee shall have all the 
 rights and powers of a landlord, in his official name, in eoercing fulfill- 
 ment of contracts relating to such lands, and preventini: waste or dam- 
 age, or for the recovery of the same when committed. (47) 
 
 4339. Sale of school lands. At any time when five voters of 
 any congressional township shall, by petition to the Trustee having 
 
22 SCHOOL LAW OF INDIANA. 
 
 charge of the school lands belonging to such township, set forth their 
 desire for the sale of all or any part or the school land, the Trustee 
 shall give public notice, in five public places in such township, of the 
 time and place in such township when and where balloting will be had 
 to determine whether the lands shall be sold as petitioned for or not ; 
 which notice shall be given at least twenty days before the time specified 
 therein. (48) 
 
 1. VOTERS. The voters here referred to are such as are entitled to vote at 
 general and township elections, by the Constitution (K. S. 1881, 84). See 4366. 
 
 2. WHEN PETITION NECESSARY. A petition is only necessary where land 
 is sold the. first time, and is not necessary where it is sold to recover the purchase- 
 money. McPheters v. Wright, 110 Ind. 519. 
 
 3. PUBLIC DITCH. Congressional Township land can not be assessed for the 
 construction of a public ditch. 126 Ind. 261. 
 
 4340. Proceedings to sell. A copy of such petition shall be en- 
 tered on the book containing the record of the proceedings of such 
 Trustee ; and his action thereon shall, also, be recorded. (49) 
 
 4341. Ballots. If a voter favor the sale of such lands, he shall 
 write on his ballot the word "sale;" if he opposes the sale, he shall 
 write the words "No sale.'.' (50) 
 
 4342. Results of election. No sale shall be allowed unless a ma- 
 jority of all the votes cast at such election shall be in favor of such 
 sale ; nor unless the number of votes constituting such majority shall 
 exceed fifteen. (51) 
 
 4343. Certificate of vote. The Trustee shall attend at the time 
 and place specified, and shall make out a certificate showing the num- 
 ber of votes given for and against the sale ; which shall be signed by 
 him and filed in his office ; and he shall enter the same upon his record- 
 book. (52) 
 
 4344. Trustee's duty. Said Trustee, if satisfied that a majority 
 of all, and more than fifteen, voters have voted for such sale, shall enter 
 the same on his record-book, and proceed 
 
 First. To divide the lands, so voted to be sold, into such lots as will 
 secure the best price. 
 
 Second. To affix a minimum price to each lot, not less than one dollar 
 and twenty-five cents per acre, below which it shall not be sold. 
 
 Third. To certify such division and appraisement to the proper 
 County Auditor, together with a copy of all his proceedings in relation 
 to the sale of said lands. (53) 
 
 1. RE-SALE OF LAND. Land having been sold at the minimum price, and 
 forfeited to the township by failure of purchaser to make deferred payments, vests 
 
\w 
 
 I 
 
 
 diitely in the township, ;tml a re--ale of it must lie governed l>y all tl.- 
 iiients of tiiis section. - -IT""/////. 
 
 L*. J>ut any excess above the amount owing under tin- first appraisement and 
 eak- shall be ]>ai<l to the first purchaser or his representatives ',\'.-\-\! . 
 
 3. When school land which was sold in 1*47, and for non-payment of I 
 
 on the purchase-money was again sold in l*s;-{, four wicks' notice of the latter sale 
 .tlicient under the la\v then in force, and no petition from the voters of the 
 township \\ .! -y, such petition being required only when the land i- 
 
 otlered for sale. Mcl'heters r. Wright, 110 Ind. 519. 
 
 4. See section 4M'>1 and notes. 
 
 4345. Order and conduct of sale Fee. Such certificate- and it- 
 turn shall, liy such Auditor, In- laid before the Board of County ( 
 missioners, at their first meetinir thereafter ; and said Board, if :-atisiied 
 that the requirements of the law have been substantially complied with, 
 shall direct such lands to be sold; which sale shall be conducted as 
 follow- : 
 
 F'u'tt. It shall be made by the Auditor and Treasurer. 
 
 Second. Four weeks' notice of the same shall be given, by posting 
 notices thereof in three public places of the township where the land is 
 situated, and at the court-house door, and by publication in a newspaper 
 printed in said county, if any otherwise, in a newspaper of any county 
 in the State >ituated nearest thereto. The sale shall be made by the 
 Auditor, at public auction, at the door of the court-house of the county 
 in which the land is situated, and the Treasurer shall take an account 
 thereof; and each of said officers, for making such sale, shall receive a 
 : one dollar, to be paid by the purchaser. '(54) 
 
 1. BOARD MUST ACT. If the law has been complied with the Board may be 
 compelled by writ of mandate to order the sale. The order may be made at a 
 sjK-cial session. The land can not be sold below the appraised value, of which 
 the purchaser must take notice. 
 
 '2. J'fHLic SALE. The sale must be made at the door of the court-house of 
 the proper county, at public auction. A private sale is illegal. McPhet 
 Wright, 110 Ind. r.l'.i. 
 
 X. n 4H51 and not- 
 
 IL l.'M. Approved and in force March ('. 
 
 4346. Terms of sale Timber. One-fourth of the purchase- 
 money shall be paid in hand and the interest for the residue for one 
 year in advance, and the residue in ten years from such sale, with like 
 interest annually in advance: and deferred payments shall be regarded 
 as a part of ti: ional township school fund, and reported as such 
 by the Auditor to the Superintendent of Public Instruction : Provided, 
 That when one-fourth part or more of the value of the lands so sold, at 
 the time of such sale, shall consist of the timber growing thereon, the 
 
24 SCHOOL LAW OF INDIANA. 
 
 
 
 terms of sale in such case may be as follows, viz. : At least ODe-half of 
 the purchase-money cash in hand, and interest for the residue for one 
 year in advance, and the residue in annual payments in not exceeding 
 ten -years from such sale, with like interest annually in advance ; and 
 in such case the terms of sale shall be set forth in the notice provided 
 for in the preceding section : And provided further, That whenever the 
 purchaser of any such land shall be proceeding to cut or remove, or 
 threaten to cut or remove; from such lands, so sold, timber growing or 
 being thereon, to such an extent that the land, after the cutting or re- 
 moval of such timber, shall not be equal in value to the amount of pur- 
 chase-money, with interest then remaining unpaid, it shall be the duty of 
 the Trustee of the civil township in which such land is situated (and he 
 is hereby authorized and empowered) to commence and maintain an 
 action, in the name of such township, in the Circuit Court of the 
 county, to restrain and enjoin the further cutting or removal of such 
 timber. (55) 
 
 1. INTEREST CASH SALES. Interest on deferred payments must be at the 
 rate of six per cent. 4369. But sales may be made for cash. 4359. Not BO in 
 case of lands forfeited to the school fund. 4393, Note 1. 
 
 2. INJUNCTION. It is the duty of the Prosecuting Attorney to bring the suit 
 of injunction, at the instance of the Trustee. Baldwin Atty- Gen. 
 
 3. COUNTY LIABLE FOB INTEREST. The county is chargeable with interest 
 on the entire amount of the price of the land, and the default of a purchaser of 
 the land in paying deferred installments, and its consequent forfeiture of the 
 land to the school fund, does not relieve the county of liability for interest on the 
 full amount. Board of Commissioners v. State, 120 Ind. 442. 
 
 4. RATE OF INTEREST. For rates of interest, see section 4369. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4847. Forfeiture Re-sale. On failure to pay such annual 
 interest when it becomes due, the contract shall become forfeited, and the 
 land shall immediately revert to the township; and the Auditor and 
 Treasurer shall proceed, forthwith, again to sell the same, in like manner 
 and on the terms above specified. If, on such second sale, such land 
 shall produce more than sufficient to pay the sum owing therefor, with 
 interest and costs and five per cent, damages, the residue shall, when 
 collected, be paid over to the purchaser or his legal representative. 
 (56) 
 
 1. See sections 4344 and 4394. 
 
 2. DAMAGES. The damages mentioned here and in $4390 and 4392 belong 
 to the fund from which the loan was made. Baldwin, Atty-Gen. 
 
 3. OVERPLUS. A purchaser who forfeits his land by a failure to pay the 
 annual interest on the unpaid purchase-money, is not entitled to any overplus 
 which may result on a subsequent sale of the land by the State. Michener, Atty-Gen. 
 
SCHOOL LAW OF INDIANA. 25 
 
 4. EFFECT OF FORFEITURE SURPLUS. A forfeiture under this section does 
 not divert the title of the purchaser to the real estate, but simply authorizes the 
 State to sell the real estate for its own reimbursement, the surplus going to the 
 purchaser. McPheters v. Wright, 124 Ind. 560. 
 
 5. REDEMPTION. A purchaser of school lands having made default in the 
 payment of interest on the purchase, the lands were resold. By the law in force 
 at the time of the purchase, a defaulting purchaser had a right to redeem within 
 one year after the sale; by that in force at the time of the sale, and at the time 
 of the default, a delinquent purehaser could redeem at any time before the sale, 
 but not after. It was decided that the right to redeem was governed by the latter 
 law. More v. Seaton, 31 Ind. 11. 
 
 4348. Forfeiture, how prevented. At any time before the sale, 
 
 payment of the interest due and all costs, together with two per centum 
 damages on the principal sum and interest due and owing for said land, 
 shall prevent such sale, and revive the original contract. (57) 
 
 4349. Forfeiture Liability for waste. In case of such for- 
 feiture, the original purchaser may be sued for waste or unnecessary in- 
 jury done to such land. (58) 
 
 4350. Suit for waste. Such suit shall be prosecuted by the Aud- 
 itor, in the name of the State, for the use of the proper congressional 
 township. (59) 
 
 4351. Private sale. When any land offered for sale at public 
 auction shall remain unsold, the County Auditor may dispose of the 
 same at private .-ale for the best price that can be had therefor, not be- 
 
 tlian the minimum price affixed thereto. (60) 
 
 1. WIII:N BALE AITHOKI/.KD. This section authorizes a private sale only 
 where the land has Wen offered for sale at public auction and remains unsold. 
 Me- 1'heters r. AV right, 110 Ind. 519. 
 
 2. For ''the minimum price," see section 4.". 14. 
 
 4352. Re-appraisement. After the expiration of the term of four 
 
 - after any appraisement and oifer for sale of any lands in this State 
 belonging to any township for school purposes, and such lands remain 
 unsold, it shall he lawful to re-appraise, sell and dispose of said lands in 
 the .-a me manner that they would have been had such lands not been 
 previously offered for sale: Provided, however, That such appraised 
 value shall not be below the minimum price now fixed by law. (61) 
 
 [1883, p. 75. Approved and in f.>n-c March 3, 1883.J 
 
 4352a. Advertisement of Funds. Whenever, in any county of 
 
 the Su.te of Indiana, the scho4 fund, or any part of the school fund, ap- 
 portioned to such county to be loaned out, remains unloaued, it shall be 
 the duty of the Auditor of said county t< advertise, in the month- of 
 January, April, July and October, for three consecutive weeks, in a 
 
-6 SCHOOL LAW OK [XDfAXA. 
 
 weekly newspaper published in said county, that such amount of school 
 fund remains unloaued, and that applicants' for loans can secure the 
 same by applying at his office and fulfilling the requirements of the law 
 under which he is authorized to loan out the school fund. (1) 
 
 [1883, p. 79. Approved and in force March :?, 1883.1 
 
 4352b. Re-appraisement of Forfeited Lauds. All lands which 
 have become forfeited and have reverted, or may hereafter be for- 
 feited and revert to the various townships in the several counties of 
 this State, for failure to pay the interest or principal of the amount due 
 thereon to the school fund, and which have remained or hereafter re- 
 main unsold for the period of three years, by reason of the amount due 
 thereon being in excess of the values of said lands, may be re-appraised 
 and sold for a sum not less than said re-appraised value thereof; and 
 such re-appraisement and sale to be made in the same manner and upon 
 the same terms and conditions as is now prescribed by law for the ap- 
 praisement and sale of such lands. (1) 
 
 1. For method of appraisement, see section 4393. 
 
 2. The above section provides for the re-sale of lands forfeited and reverted 
 to the State by reason of non-payment of interest or principal due thereon; while 
 section 4352 provides for the re-offering and sale of lands which have previously 
 been offered for sale, but which were not sold. 
 
 3. For forfeiture and re-sale of congressional lands, see sections 4347 and 
 4114s. 
 
 4. For forfeiture and re-sale of lands mortgaged to secure either the congres- 
 sional or common school funds, see sections 4383 and 4393. 
 
 5. Under the above statute, a re-appraisememt and sale may be made at the 
 expiration of three years, if the first offer should fail. 
 
 4352c. Appropriation by Commissioners. Upon the sale of 
 such lands as provided for in the preceding section of this act, the Board 
 of County Commissioners of the several counties in which said lands are 
 situated may make an appropriation, from the general county funds, 
 a sum equal to the difference between the amount for which said lands 
 shall have been forfeited and the amount for which such lands shall have 
 last sold ; said sum appropriated to be placed to the credit of the proper 
 fund and loaned as other school funds are loaned. (2) 
 
 1. As the county is liable for all deficits in the funds intrusted to it, this 
 section is mandatory. Sec. 4326 and Notes. 
 
 4353. Certificate of purchase. A certified statement of such 
 sale shall be made and signed by the Auditor, and, being first recorded 
 by such Auditor in the records of the Board of County Commissioners, 
 shall be delivered to the purchaser when he makes his first payment, 
 
S4 IIOOL LAW OF INDIANA. 
 
 and shall entitle him to a deed when the terms of such purchase 
 have been fully complied with. ((VJ) 
 
 (1. Juixi.MKXT, NO LIEN. A judgment is no lien on land held by a certificate 
 issued under this section. Jeffries r. Sherburn, 21 Iml. 112. 
 4354. Rights of purchaser. Every purchaser, until forfeiture, 
 shall be entitled to all the rights of possession before existing in such 
 Trustee or township, and to all rights and remedies for rents becoming 
 due or breaches of covenant occurring after his purchase under any 
 lease existing at the time of his purchase, and for all waste committed 
 thereafter. (63) 
 
 1. KsTori'KL. When the inhabitants of a township hud received a part of 
 the purchase money of school lands, and interest for several years on the balance, 
 and expended the money for the purposes contemplated by the grant, and the 
 purchaser had taken possession and made valuable improvements, it was held 
 that they must l>e deemed to have acquiesced in the sale, and that they are estop- 
 ped to deny its validity. State r. Stanley, 14 Ind. 40l>. 
 
 4355. Failure to make first payment Penalty. A purchaser 
 
 at such sale failing to make the first payment as above reoiiired shall 
 pay ten per centum on the sum bid, to be recovered ly action before 
 any Court having jurisdiction, to be prosecuted by the County Auditor 
 in the name of the State for the use of the proper township; and the 
 Auditor and Treasurer shall he competent witnesses. (64) 
 
 4356. Assignments. N alignment of a certificate shall be valid 
 unless acknowledged before HHMC officer authorized to take acknowledg- 
 ments of deeds, or before tin- County Auditor, who shall, in all such 
 
 B, record the same. Alignments of ccrtifirates heretofore made 
 before any officer authorized to take acknowledgment* of deeds, when 
 recorded, .-hall be as valid as if acknowledged before the County 
 Auditor. (' 
 
 [18fv., p. 11. Approved IVhruary '21, isir,, ;n.,l in fm-.-t- O,-t.,l>rr 10, 1863.] 
 
 4357. Delwt ivr assignments --Proceedings. Whenever the 
 
 certificate of the School Commissioner or Auditor of any county of this 
 State, issued for land sold, has hern assigned by any person without a 
 proper acknowledgment before the County Auditor or other proper 
 officer, "i aligned bv delivery, and such a.-si-nor is deceased, any 
 nee of Mich certificate, claiming title to the land described therein, 
 may tile his complaint in the proper Circuit Court, making the County 
 Auditor and the heir- of Mich dccea.--d u-M-nor parties thereto. It' it 
 shall be p roved to the >ati>faetion <>f the Court that the plaintiff, or any 
 party to the cause, i> the equitable owner of the land, and the purchase 
 money has been fully paid to the school fund, the Court shall direct the 
 
28 SCHOOL LAW OF INDIANA. 
 
 Auditor to execute a proper conveyance to the plaintiff or other parties 
 entitled thereto, although the certificate has not been properly assigned 
 or the assignment thereof properly acknowledged by the decedent. All 
 other persons claiming any interest in the land may, on their applica- 
 tion, be made parties and heard in the case. The Auditor shall execute 
 a conveyance, according to the directions of the Court ; and such con- 
 veyance shall vest in the grantee the title of said land as fully and to all 
 intents and purposes as if the certificate had been legally assigned and 
 the assignment properly acknowledged. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4358. Loan of Purchase-money. When the residue of the pur- 
 chase-money becomes due, the purchaser may retain the same as a loan 
 for a term not exceeding three years, on payment, annually made in 
 advance, of the interest thereon, at the rate then established by law for 
 the loans of such funds ; but he shall receive no deed until full pay- 
 ment is made. (66) 
 
 4359. Payments. Purchasers may, at any time before due, pay a 
 part or the whole of such purchase-money. (67) 
 
 4360. Lost Certificate. When any such certificate shall be lost 
 before a deed be made, on proof thereof by affidavit of the person in- 
 terested, or other competent testimony, to be filed with the County 
 Auditor, and after three months' notice of intention to apply for a new 
 certificate, given in some newspaper printed nearest to where the land 
 lies, such Auditor may issue the same to the person entitled thereto. 
 (68) 
 
 1. If a certificate is lost, a new one may be issued to the purchaser, even to 
 a grantee of the purchaser. Hinkle v. Morgerum, 50 Ind. 240, 244. 
 
 4361. Purchase-money, where paid. The purchase-money and 
 interest, and all costs and damages above provided for, shall be paid to 
 the Treasurer of the proper county, and his receipt therefor filed, by 
 the person paying, with the County Auditor, who shall issue his quietus 
 therefor. (69) 
 
 4362. Duty of Auditor. When such payment is in completion of 
 any contract of sale, the amount of such receipt shall be indorsed by 
 the County Auditor on the certificate of purchase. (70) 
 
 4363. Deed. On full payment for such land, a deed shall be issued 
 by the County Auditor, and entered upon the record-book of the Board 
 of County Commissioners. (71) 
 
SCHOOL LAW OF INDIANA. 
 
 29 
 
 [1877, p. 139. Approved and in force February 8, 1877.] 
 
 4364. Sale Legalization. In all cases where school lands have 
 been sold and certificate has either been issued to the purchaser or en- 
 tered of record in the proper office, or otherwise, so the purchaser en- 
 tered int possession and paid part of the whole of the purchase-money, 
 or could have entered into occupancy, such sale shall be deemed and 
 held a sale under the law, as much as it would be had a deed been made 
 and delivered and the fee had been passed to the purchaser; and such 
 lands shall be deemed and held as having been sold, so as to make them 
 liable to taxation, within the meaning of the law, as fully and com- 
 pleit -ly as they would have been had a deed been delivered. All ap- 
 praisements of lands so sold, and all assessments of the same for taxes, 
 and all levies and collections of taxes thereon, heretofore made, are 
 hereby legalized and declared to be lawful and valid, and shall in nowise 
 
 subject to question by reason of such sale not having been consum- 
 
 tted by execution and delivery of deed. (1) 
 1. See R. S. 1881, 6519. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4365. Title, when complete. Such deed shall be executed and 
 acknowledged, at the cost of the grantee, by the County Auditor, as in 
 
 other cases ; an.l, thus executed and delivered, shall vest in the grantee, 
 his heirs anl assigns, forever, a complete title to the land. (72) 
 
 4366. Sale had without vote. The voters of any congressional 
 township may, in the ab.-ence of a vote to sell land, and in lieu thereof, 
 petition the Trustee of the township for such sale. Such petition, if 
 
 1 by a majority of all the voters of the township, shall be filed 
 with the Onmty Auditor, and the same proceeding shall be had as pro- 
 vided in section lifty-four [4.'U.">], upon a vote of the inhabitants of 
 the township for such sale. Such petition and certificate shall be re- 
 corded in the record-book of the Trustee of the township and of the 
 County Auditor of the investment of funds held for the benefit of com- 
 mon schools and congressional townships. 
 
 1. '. i:'f 1. After a petition lias lrm recorded, signers thereof 
 
 can not withdraw tlu-ir names in onl- a the sale. 
 
 4367. ranijM'iisation on failure of title. When any officer 
 
 authori/ed to sell school lands shall have sold any lands without a title 
 thereto, such officer, or his succcs.-or in office may convey such other lands 
 of (Mjual value as may be agreed upon by such officer and the purcha-er. 
 his heir.- or a-.-L r ns ; or, iailinir to make such agreement, the purchase- 
 money, with interest, shall be repaid to the purchaser, his heirs, exec- 
 utors, administrators or assigns; but no such purchase-money shall be 
 
30 >t HOOL LAW OF INDIANA. 
 
 thus repaid until the proper Prosecuting or District Attorney shall have 
 investigated the facts of the case and certified to the correctness of the 
 claim. (150) 
 
 1. The Bale of school lands in unauthorized subdivisions, made prior to 
 March 3, 1855, was legalized by an act of 1855 (p. 144). 
 
 2. The rate of interest in such case is six per cent. 4369. 
 
 3. This section does not apply to title of lands mortgaged to school fund and 
 sold by the Auditor. 4383, note 4, 
 
 [1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.] 
 
 4368. Lands of surplus revenue fund, how sold. Where the 
 surplus revenue fund belonging to common schools, in any county in this 
 State, or any part of such fund, has by any means become invested or 
 changed into real estate, the Board of Commissioners of such county 
 are hereby authorized to dispose of the same, by sale, in such manner 
 as may seem best for the interest of the common school fund, and to re- 
 invest the proceeds of such sale in the manner directed by law for the 
 investment of other moneys belonging to the common school fund. (1) 
 
 1. NOTE. This section is probably obsolete since the consolidation of the 
 school funds. 
 
 [1893, p. 41. Approved and in force February 17, 1893.] 
 
 4369. Be it enacted by the General Assembly of the State of Indiana, 
 That section 1 of the above entitled act be amended to read as follows : 
 Section 1. The principal of all moneys, whether belonging to the com- 
 mon school fund or to the congressional township school fund, received 
 into the county treasury shall be loaned at 6 per cent, per annum, pay- 
 able annually in advance, and the interest paid out as prescribed by the 
 school law of this State, and not otherwise ; and any judgment upon 
 any note or mortgage for any part of said fund shall bear 6 per cent, 
 interest from the date thereof till the same is paid ; and no greater rate 
 of interest than is herein specified shall be exacted or received upon any 
 loan heretofore made at the rate of 8 per cent, per annum shall, from 
 and after the taking effect of this act, draw 6 per cent, interest per 
 annum, the same as if negotiated under the provisions of this act. 
 
 All laws and parts of laws in conflict with the provisions of this act 
 are hereby repealed. (2) 
 
 An emergency existing for the immediate taking effect of this act, 
 the same shall be in force from and after its passage. (3) 
 
 1. REPEAL. This repeals the acts of March 2, 1889, (acts 1889, p. 81.) 
 
 2. REBATE. An agreement to rebate a portion of the interest out of the 
 county revenue is without authority of law and of no effect. Michener, Atty-G*'n. 
 
SCHOOL LAW OF LM>iA.\A. 
 
 .75. Apprnvi-l i.n<l in tnn-e M.-in-h .">. U 
 
 !69a. Advertisement of funds. Whenever, in any county of the 
 State of Indiana, the school fund, or part of the school fund, appor- 
 tioned to such comity to l.e loaned out, remains unloaiied, it shall he the 
 duty of the Auditor of said county to advertise, in the months of 
 nary, April, July >\nd October, for three consecutive weeks, in a weekly 
 newspaper published in said county, that such amount of the & 
 fund remains unloaned. and that applicants for loans can secure the 
 same by applying at his office and fulfilling the requirement! of the law 
 under which lie is authorized to loan out the school fund. (1) 
 
 [Acti 
 
 Approval iiti'l in torn- March >, 1865.] 
 
 70. Auditor's duty. Such loans shall be made by the County 
 
 uditor, who shall inform himself of the value of the real estate offered 
 tin- mortLraire and be satisfied of the validity of the title thereof; and 
 1 persons applying for a Joan .-hall produce to .-aid Auditor title-pap 
 wing to his satisfaction, a irood and sufficient title in fee-simple, with- 
 t incumbrance, [and] not derived from tale for taxes. (75) 
 
 1. I'd The existence of an incumbrance to the knowledge of 
 
 .ditcr does not invalidate the mortgage a- again.-t the borrower.- Dem 
 Staty., 1W Ind. 41i. 
 
 ' A loan itn personal security only, without a mort- 
 
 hon.iih a violation of the Auditor's duty, is neveriiieless binding 14.011 the 
 uer and the surety. Scotten 9. State, ">1 Ind. -VJ. 
 
 : \ IO HIMSELF UNLAWFUL. A mortgage executed ly a County Audi- 
 t-T t<. secure a loan of a part of the common M-JH ol fund made to himself is valid 
 or invalid at the option of thu.-e having the supervisory control of the fund. The 
 loan is unlawful as against puldic policy, and i< a htvaeh of the Auditor's otHcial 
 hond, but the i., ;y. both to the Auditor and those Claiming under him, 
 
 rted to and enforced a- a means of reimbur.-ing tlie fund, looking to the 
 Auditor and his sureties f..r any delieieney that may remain after the mort_ 
 land has been exhauMed. State ft Levi. H'.J Ind. 77. See also Stoekwell c. - 
 K'l Ind. 1; State 9. Greene, 101 Ind. .",:;_>. and Ware p. Ware. 71 Ind. 1M. 
 
 4371. Appraisement. The Auditor shall require three li.-i; 
 freeholders of the neighborhood to appraise any land 
 
 (76) 
 
 4372. Ihlt.Y )f appraisers. Such appraiser.-, bein_r tirst ofiicially 
 t-worn, shall examine ami apprai.-e ,-uch land, and .-i^n and -'ive to UK- 
 applieaiit a certiticate. >ettiii'_ r forth tlie fair <-ash value of the land nt t\\>- 
 time, without taking into COHflideratioo p-ri<hal)K' improvcmr; 
 
32 SCHOOL LAW OF INDIANA. 
 
 [ 1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 
 
 4373. Loans outside of county. In making such loans prefer- 
 ence shall be given to the inhabitants of the county : Provided, That 
 whenever any of such funds shall have remained in the treasury of any 
 county to which the same may belong for a period of three months, 
 without being loaned to any inhabitant of said county, then the Auditor 
 of said county may loan the same to any freeholder of any other county 
 in Indiana, upon his complying with the law regulating such loans. 
 When the land received as security for any such loan is situated in any 
 county of the State other than the one in which the loan is made, and 
 there is default in the payment of interest or .principal, the Auditor of 
 the county making the loan shall at once transmit to the Auditor of the 
 county where the land is situated a certified copy of the note and mort- 
 gage given for the loan, with a statement of such default in payment, 
 and the Auditor of such latter county shall, upon such certified copy, at 
 once proceed to enforce the collection of such loan either by suit or sale 
 of the land, as is now provided by law ; and, after receiving such certi- 
 fied copy by said Auditor, all steps taken, and all proceedings had, with 
 reference to said loan or the land which was mortgaged shall be the same 
 as if the loarr had originally been made out of the funds belonging to 
 said county ; and all money collected or realized upon such loan shall at 
 once, as soon as collected or realized, be paid over to the Auditor of the 
 county having made the loan. (78) 
 
 1. Heretofore loans could not be made on property situated outsidfc the 
 county. Skelton v. Bliss, 7 Ind. 77. 
 
 4374. Limit of loan. The amount loaned to any person shall not 
 exceed two thousand dollars. (79) 
 
 1. See also $4378. The limit previous to this act was one thousand dollars. 
 [1881, p. 99. Approved and in force April 14, 1881.1 
 
 4375. Certificate as to liens. An applicant for a loan of a part 
 of the common school fund or of the congressional township school fund 
 shall file with the Auditor of the county the certificate of the Clerk and 
 Recorder of the county, that there is no incumbrance on the land offered 
 as a security for the loan in either of said offices : Provided, That where 
 the records, books and papers of the Clerk's office have been destroyed 
 by fire, the Clerk's certificate shall only state the fact and date of such 
 destruction, and that there is no incumbrance on said -land appearing 
 from any of the records, books and papers then on file in his office, and 
 that there is no incumbrance on said land in his office of which he has 
 any knowledge. The applicant shall also, in such case, execute to the 
 
LAW ! INIHANA. 
 
 33 
 
 
 the i 
 
 
 
 te of Indiana, for the IK nctit <>f the common school fund, a bond, 
 with one or nmiv freehold sureties to the approval of the Auditor, con- 
 ditioned for the payment of so much of the loan as may he lost by 
 reason of any incumhrance or lien upon the land which was evidenced 
 Ity the records, hooks or paper in the Clerk's office which have been 
 red. (1) 
 
 1. <i\s MR <ii. I.rvsr:. A Lease of lands for the purpose of drilling oil or 
 lls, <>r for the purpose of piping oil or gas, is an incumbrance on such lands 
 within ihe meaning <>f this .statute.- Michcner, Atty-' 
 
 '2. Kvini N' r. 1 'or the purpose of showing that the law was complied with in 
 making a loan, the certificate of the Clerk and Recorder, and the affidavit of the 
 mortgagor, are competent evidence to show a compliance with this statute. 
 .ell r. State, 101 Ind. 1. 
 
 3. PKIOR LIEN. At the time the loan was made there was a prior incum- 
 brance on the lands mortgaged, of which fact the Auditor had notice by the bor- 
 rower's affidavit of title. }>ut it was held that the mortgage was valid as against 
 the borrower. Demi- . 23 Ind. 41 1>. 
 
 4. N "R- l!:Ki:i-ri.Ai;n v or LOA.V. A complaint to 
 in a sale of land r to satisfy a School Fund mortgage, 
 
 ich -hows that the plaimilf, after the mortgage was executed, purchased the 
 land under the foreclosure of a secret vendor's lien antedating the mortgage, and 
 that the plaintiff, at the time the mortgage was executed, held a judgment 
 against the mortgagor, but makes no claim of title under that judgment, and al- 
 .;rtlier that the Auditor in taking the mortgage failed to require an oath of 
 the mortgagor, and a ler, that the land was un- 
 
 incnnih. red, ami al>o failed to hav the property appraised, as provided bylaw, 
 uflicient to entitle the plaintiff to an injunction or to avoid the mortgage. 
 Win>tandley r. Trim, 117 Ind. 
 
 [1865, p. 3. ApiTove'l and in force March 6, 1865.1 
 
 4376. Oath of Applicant. Such applicant shall make oath that 
 then- i> ii" incumbrance <>r heiter claim, that hekn<\vs of, and that the 
 
 aii.-tract of the title presented by him is, as lie bell true one. 
 
 (81) 
 
 1 A failure to make the milidavit does not render ihe sale void. Winstand- 
 < rim, 117 Ind. 
 
 It is doubtful if a married woman, after making the statement required 
 by law. can defeat the i. iu< in on tin- srround that she gave the 
 
 mortgage as surety for her hushand. > ind. !_'). 
 
 4377. Tinn of Loan. N- luan shall he made lor a longer term 
 than live 
 
 [18s- force July IS, 1885J 
 
 437S. Limit of L'wii. The .MIDI loaned shall not exceed one-half 
 
 of the appraised value <>{' the premies proposed to he mortgaged, clear 
 
 of all perishable impi That where such premises 
 
 3 S-M", i. I.\\v. 
 
34 SCHOOL LAW OF INDIANA. 
 
 are situated in a county other than that which such fund may belong, 
 the sum loaned thereon shall not exceed one-fourth of the appraised 
 value of such premises, exclusive of perishable improvements. Such 
 value to be determined by existing laws of the State of Indiana. It is 
 hereby made the duty of the Board of Commissioners of each county in 
 this State, at their first regular session after the taking effect of this act, 
 to appoint in each Commissioner's district of the county three reputable 
 freeholders, any two of whom, without the concurrence of the third, 
 may act as school fund appraisers, whose duty it shall be upon oath to 
 make all the appraisements of lands in their respective districts, re- 
 quired in this act or in the act of which this is amendatory. Said ap- 
 praisers, or atiy of them, may be removed and new ones appointed by 
 said Board at any regular or special session, and in case any of such 
 appraisers is at any time disqualified, by reason of kinship or interest, 
 from acting, the appraisement shall be made by the other appraisers, 
 who, in case of a disagreement, shall select a third appraiser. Said ap- 
 praiser shall receive the same compensation for making each appniiv- 
 ment, and be paid in the same manner as such appraisers are now paid. 
 (3) 
 
 1. See also 34: !7 I. 
 
 [1865, p. 3. Approved and in force M ;rch 6,1865.] 
 
 4379. Acknowledgments and Oaths. The Auditor shall have the 
 power to administer all oaths and take all acknowledgments required 
 by this act. (84) 
 
 4380. Record of Mortgages Priority. Mortgages taken for 
 such loans shall be considered of record from the date thereof, and shall 
 have priority of all mortgages or conveyances not previously recorded, 
 and all other liens not previously incurred, in the county where the 
 land lies. (85) 
 
 1. LIEN WITHOUT RECORD. A school fund mortgage is a lien upon the land 
 as to subsequent purchasers without being recorded. West r. Wright, 98 Ind. X'.fa. 
 
 2. Parties holding or claiming through the mortgagor in a school fund mort- 
 gage are bound to take notice of the mortgage, though not recorded. A school 
 fund mortgage is not void as to the State because the County Auditor has made 
 the loan to himself. Such mortgage draws the same interest after foreclosure as 
 before maturity. Stockwell r. State, 101 Ind. 1. 
 
 8. TAX TITLE SUBJECT TO MORTGAGE. The purchaser and grantee of real 
 estate, under the tax deed, takes his title to such real estate under the provisions 
 of R. S. 1881, 6479, and subject to all the claims which the State may have 
 thereon for taxes, or other liens or incumbrances, such as a mortgage executed 
 thereon to the State, as a security for the payment of a loan to the school fund, 
 prior to such tax sale and the execution of such tax deed. This is so, although 
 
S< HOOL LAW c,r INIUA.NA. 
 
 35 
 
 ^ w 
 
 to be 
 
 "f which the real estate was sold, had heen as-e>sed and delinquent be- 
 '"ii of such school fund mortgage. State r. Wasson, '.'" Ind. 17"). 
 -ale of lands for taxes which accrued all .< cntion of a ,-chool fund 
 
 the mortmain- lien. 3 5 , H>1 Ind. 1. Where 
 
 ure a .-chool fund loan i> a^umed hy the purchasers of the real 
 te. the m.M-t-a.irors to whom the h.an \va> madi do not. hy a subsequent pur- 
 chase of the real estate sold hy the Auditor to satisfy the mortgage, take the prop- 
 erty divested of liens for i Med hy the city in which the property is situ- 
 ated. City of Logansporl .nell, 1-1 Ind. 4in. 
 
 4381. Auditor's Duty. The Auditor shall cause such mortgages 
 to be recorded immediately, retaining the cost of recording out of the 
 
 ey borrowed. (86) 
 
 i. AcKN"Wi,Ki>.MENTs. If the mortgage he recorded, not being acknowl- 
 or proved as our general laws require to admit mortg. ..rd in the 
 
 -ucli record is no notice to subsequent ' nrchasers. But 
 
 requires that such mortgages shall be deemed recorded 
 
 :eir date; and this is notice. I >eminr Ind. 410; Mann r. State, 
 
 116 Ind. 383. 
 
 LIEN WITHOUT KK OKI>. A M-imol fund mortgage is a lien upon the land 
 lent purchasers, without being recorded. West r. Wright. -.x Ind. 335. 
 ( \M KI.LA TION OF MoimvAc.i:. An act ion to cancel a School Fund mort- 
 wiil not lie against a County Auditor: the State is the party in interest. 
 Kg r. Kennett, 111 Ind. 347; Snodgrass r. Morris, l'j: Ind. 4'2~>. 
 4. n 4.'$7f> and no-. 
 
 4382. Fees. The following fees only shall be eharged in cases of 
 mortgage for loans: To each appraiser, fifty cents; for recording mort- 
 
 one dollar; for drawing mortgage, one dollar; for making bor- 
 rower's affidavit, ten cents; for Clerk'- certificate, fifty cents; for Re- 
 corder's certificate and examining title, each one dollar; which shall be 
 paid hy the borrower. (108) 
 
 4383. Interest Tupaid Auditor's Duty. On failure to pay 
 any installment of interest when the same becomes due, the principal 
 sum rdiall forthwith become due and payable, and the Auditor may pro- 
 ceed to collect the same hy >uit on the note, or bv sale f the mortgaged 
 premises. He may also, 1>\ suit, recover the po^ession of the mort- 
 gaged premises before -ale thereof; and he shall, on the fourth Monday 
 in March, annually, offer for >ale all mortgaged land on which pay- 
 
 g of interest are due on the tir>t day of January and unpaid on the 
 day of Bale. ^7 
 
 1. STATVTK MANDATMKY. In selling lands, the Auditor must strictly fol- 
 low the requirements of the statutes upon the subject. Where sale is made to 
 make a greater sum than is due, the .-ah i void; and \\here the borrower has 
 made a payment of interest, and failed to tile the Treasurer's receipt with the 
 Auditor, it will not excuse the Auditor for selling to make a sum greater than is 
 really due. Key r. Ostrander, 29 Ind. 1; Arnold r. <iatt, -'.s i,l. :,4:i. The law in 
 
36 SCHOOL LAW OF INDIANA. 
 
 force at the time of sale, providing the method, notice and other elements of rem- 
 edy, governs the sale. Webb v. Moore, 25 Ind. 4; Jones v. Hopkins, 26 id. 450; 
 Moore v. Seaton, 31 id. 11. 
 
 2. MERGER OF MORTGAGE. After obtaining judgment and foreclosure by 
 suit, the mortgage is merged ; the Auditor can not, then, sell under it, and such 
 sale is a nullity. Farris v. Cravens, 65 Ind. 262. 
 
 3. No WARRANTY. The State does not warrant the title of lands sold on 
 account of the School Funds. Officers should see that lands mortgaged to secure 
 the School Funds are properly described and unincumbered, but the purchaser at 
 the mortgage sale takes whatever title he gets, and there is no law authorizing the 
 refunding of purchase money by the officers. Woollen, Atty-Gen. 
 
 4. TITLE FROM THE STATE. The title of a purchaser from the State, after 
 the State has acquired title upon a forfeiture against a School Fund borrower and 
 mortgagee, takes precedence of any tax deed or lien, whether State, city or 
 county, for taxes that accrued subsequent to the school fund loan. Baldwin, 
 Atty-Gen. 
 
 5. CAN NOT BEL.EASE WITHOUT PAYMENT. The Auditor of a county has no 
 authority to release a school mortgage unless the money is paid, and where a 
 party is entitled by his contract to an unincumbered title, he is not compelled to 
 accept a conveyance of land thus encumbered, though the Auditor has released 
 the mortgage of record. Conley v. Dibber. 91 Ind. 413. 
 
 6. WHEN AUDITOR MAY PROCEED. The Auditor may proceed, immedi- 
 ately upon default in the payment of the principal or interest, to collect the en- 
 tire mortgage due, and he has no discretion in offering for sale, on the fourth 
 Monday in March, all such lands in default on the first day of January. A. G. 
 Smith, Atty-Gen. 
 
 7. FORECLOSURE. A suit by the County Auditor to foreclose a mortgage 
 may be maintained instead of resorting to statutory proceedings. McCray v. 
 Buck, 23 Ind. 416; Ferris v. Cravens, 65 Ind. 262; Stockwell v. State, 101 Ind. 1 j 
 Kendall v. Green, 101 Ind. 532. 
 
 1 1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 
 
 438 3a. Collection on Default; It shall be the duty of the Auditor 
 of each county, in case default shall be or has been made in the pay- 
 ment of principal or interest of any school fund loan, to at once proceed 
 to enforce the collection of such principal or interest, as the case may 
 be ; and any Auditor who shall fail or refuse to comply with the require- 
 ments of this section shall be deemed guilty of a misdemeanor, and 
 upon conviction shall be fined in any sum not exceeding one thousand 
 dollars. (4) 
 
 1. AUDITOR'S DUTY. This section is properly supplemental to section 4383 
 and the two should be read and interpreted together. In explanation of $4383, 
 the Attorney-General has given the following opinion: 
 
 The statute (4888) provides that on failure to pay any installment of interest 
 when the same becomes due, the principal sum shall forthwith become due and 
 payable, and the Auditor may proceed to collect the same by suit on the note, or 
 
SCHOOL LAW OF INDIANA. 37 
 
 le of the mortgaged premises. He may also by suit recover the possession of 
 the mortgaged premises before sale thereof, and he shall, on the fourth Monday 
 in March, annually, offer for Bale all mortgaged lands on which payments of 
 interest are due on the first day of January and unpaid on the day of sale. It was 
 intended that the County Auditor should possess a speedy and summary remedy to 
 enforce collection. If he was required to sell on the fourth Monday in March 
 only, then in many instances the officer could not enforce collection for a year 
 after the delinquency and defalcation. In many counties the officer has made 
 sales under the statute at other times than the fourth Monday in March. In Cole 
 r. Miller, ilj Ind. 4i5:l, the sale of the mortgaged land was made February 20 
 and the sale was sustained by the court Every part of a statute should be so 
 construed as to give it eflect. It is my opinion, that on failure to pay any install- 
 ment of interest when the same becomes due, the County Auditor is authorized to 
 sell the land at any time, after sufficient and proper notice. The duty imposed 
 on him by statute "to offer for sale, on the fourth Monday in March, annually, 
 all morti, r aed lands on which payments of interest are due on the first day of Jan- 
 uary, and nnpaid on the day of sale," is intended to be mandatory. He may sell 
 at any time after defalcation by the creditor, and lawful notice thereof, but must 
 ofier for sale on the fourth Monday in March, annually, all mortgaged lands on 
 which payment* of interest are due on the first day of January and unpaid on the 
 day of sale. Ilord, Attij-Gen. 
 
 2. PENALTY. By thig section the County Auditor is required, under penalty, 
 to do what, according to the Attorney-General's opinion, he wag authorized to do 
 by faction 4383, namely, to enforce collection of principal or interest of loans 
 whenever default shall be made in the payment thereof, not waiting for the fourth 
 Monday in March. But section 4383 is in force as to the manner of procedure. 
 The usual legal notice must, of course, be given. Holcombe, Supt. 
 
 1 
 
 [1865, p. 3. Appro veil and in force March 6, 
 
 4384. Fund to be Specified. The mortgage may be, in substance, 
 
 .lows; ami the Auditor shall specify therein whether the same 
 belongs to the common school fund or to the congressional township 
 fund, and, if the latter, the particular township or townships whose 
 funds arc thus loaned. (88) 
 
 1. The omission to state the particular fund does not render the mortgage 
 void. See Benefiel '.:'. Ind. 101, 407; and Ellis r. State, 2 Ind. 262. 
 
 4385. Form of Mortgage. I, A. B., of the county of , in 
 
 tlu- Stat of Indiana, do mortgage to the State of Indiana, for the use 
 of [here describe the fund out of which the loan was made] all [here 
 
 ril>e the land], fir tin- payment of dollars, with interest at 
 
 the rale of t-iirht per cent, per annum, payable annually in advance, 
 aceordinu to the conditions of the note hereto annexed. (89) 
 
 1. Wn ITUF: In the form prescribed, then- is no mention of relin- 
 
 of dower, inasmuch as tenancies in ilouer ;nv abolished. The wife, 
 
38 SCHOOL LAW OF INDIANA. 
 
 however, is a prospective owner of the land held by the husband, and she should 
 join him in signing the mortgage prescribed for securing loans from the school 
 fund. Larrabee, Supt. 
 
 See also Burk v. Axt, 85 Ind. 512; Noland r. State, 115 Ind. 529. 
 
 2. ASSIGNMENT TO SUBSEQUENT MORTGAGEE. Whenever a school fund mort- 
 gage becomes collectible on account of failure to pay interest, or any other failure 
 on the part of the mortgagor, by which it becomes necessary to foreclose in order 
 to recover the money, then such mortgage may be assigned to the holder of a sub- 
 sequent mortgage upon payment of the amount due. Woollen, Atty-Gen. 
 
 3. DESCRIPTION. A description of land in a school fund mortgage as "the 
 northeast part" of a specified tract, " containing ninety acres," is insufficient, 
 and an Auditor's sale made thereunder is invalid. Burk v. Axt, 85 Ind. 5 12. 
 If the mortgage does not contain a proper description of the land, such descrip- 
 tion may be corrected on a decree to foreclose the mortgage. Noland v. State, 
 115 Ind. 529. 
 
 4. PRESUMPTION. A deed or mortgage made in the form prescribed by the 
 law of this State, and purporting to have been acknowledged in this State, between 
 parties residing in the State, and containing nothing to indicate a contrary inten- 
 tion, will be presumed by the courts to be of land in this State. Where both the 
 county and State are omitted from the description of land embraced in a mort- 
 gage, but it appears on the face of the mortgage that it was executed by parties 
 residing in a certain county for the purpose of securing a loan of school funds 
 borrowed by the mortgagor, through the Auditor of that county, it will be pre- 
 sumed, without more, that the land is there situated. Mann v. State, 116 Ind. 383. 
 Quare: Would this rule of presumption prevail now, since Auditors may lend 
 outside of their counties? 
 
 5. CANCELLING MORTGAGE. In an action to set aside and cancel a school 
 fund mortgage, the County Auditor is not a proper defendant, and a judgment 
 against such officer in such actions will not bind the State, it not being a party, 
 and it is very doubtful if the State can even be thus sued. Crooks v. Kennett, 
 111 Ind. 347; see Snodgrass v. Morris, 123 Ind. 425. 
 
 6. WIFE. A wife may borrow money and mortgage her own land to dis- 
 charge valid liens thereon, or for a purpose that enures to its benefit or protec- 
 tion. Noland v. State, 115 Ind. 529. 
 
 7. The rate of interest is now 6 per cent. See sec. 4369. 
 
 4386. Form of Note. The note accompanying the same may be 
 in substance as follows, to-wit. : I, A. B., promise to pay to the State 
 of Indiana, for the use of [here recite the particular fund], on or before 
 
 , the sum of dollars, with interest thereon at the rate of 
 
 eight per cent, per annum in advance, commencing on the day 
 
 of- , 18 ; and do agree that, in case of failure to pay any install- 
 ment of interest when the same shall become due, the principal sum 
 shall become due and payable, together with all arrears of interest ; and 
 on failure to pay such principal or interest when due, two per cent, 
 damages shall be collected, with costs, and the premises mortgaged may 
 be sold by the County Auditor for the payment of such principal sum, 
 interest, damages and costs. (90) 
 
SCHOOL LAW OF INDIANA. 39 
 
 }. A mortgage executed to secure a note attached to it is binding, thong': 
 not signed; and there is no error in allowing the cote to be read ir. 
 ice, it heint; a part of the mortgage. McFadden t'. State, 82 Intl. 
 Tlie rate of interest is now b per cent. See sec. 4:i<i'.. 
 
 Warrant to Borrower. On making a loan of any fund, the 
 .Vuditor shall draw his warrant in favor of the borrower upon the 
 
 ty Treasurer, who shall charge it to the proper fund. (91 ) 
 4388. Payments QuietUS. All loans refunded and all int* 
 -hall he paid to the County Treasurer, and his receipt shall be filed with 
 the County Auditor, who shall give the payer a quietus therefor, and 
 make proper entries- . 
 
 1. NOTE. The Auditor is bound to take notice of a payment to the Treasurer, 
 C or not receipt has been filed with him. Key f. Ostrander, "2 1 J Ind. 1. 
 
 I'AVMKNT TO TKKASI -RER AND NOT TO AUDITOR. Payment should be 
 to the County Treasurer arid not to the County Auditor. Cole v. Miller, o'O 
 463. 
 
 m:: 
 
 1 
 
 a school 
 
 indorsements and Satisfaction. Whenever the amount due 
 on anv mortgage shall he paid, and the Treasurer's receipt therefor filed, 
 the Auditor shall indorse on the note and mortgage that the same has 
 been fully satisfied, and surrender the same to the person entitled 
 thereto; and, on production of the same thus indorsed, the Recorder 
 shall enter satisfaction upon the record. (93) 
 
 1. ENTRY OK S \TISKACTION. The County Recorder can enter satisfaction- of 
 fund mortgage before foreclosure only upon indorsement by the County 
 lur that the same lr.i> \'t-n fully paid. Stockwell r. State, 101 Ind. 1. 
 
 B : WIIIIOIT PAYMKNT. A release of ft mortgage by the County 
 
 Auditor without payment is invalid. Conley v. Dibber, 91 Ind. 41 
 
 4390. Suit for deficiency. In all cases when the mortgaged prern- 
 iuill fail t sell fur a sum sufficient to satisfy the principal and in- 
 terest of the loan made, and the damages accrued by reason of such 
 failure, and costs, the County Auditor -hall hrinjr suit on the notes exe- 
 , by the mort<ra;ror ; and whenever judgment shall be rendered 
 thereon, no appraisement of property shall he allowed on executim: 
 ; on such judgment. 
 
 1. TIIK I\KI, \ T"i;. The County Auditor N the proper relator in a suit to r^- 
 M/hool funds loaned. -Seotten r. State. ~1 Ind. -VJ. 
 
 7, n..te 'J. 
 
 S. WHKN Snr MAY UK I!KM <;IIT. S.-c ', W4, note 2. 
 
 4. WHKN Snr FIJ I)I:KI<-II:M-Y MAY iu: IJij-.r-.H r. A County Auditor who 
 bids in, at public auction, land mortgaged to the school fund, can not proceed on 
 the note executed by the mortgagor until he has made the subsequent sale required 
 by section 4:W:5, and faila to realize enough to satisfy the amount due. Clark r. 
 State, 10'. i Ind. 388. 
 
40 
 
 SCHOOL LAW OF INDIANA. 
 
 4391. Notice Of Sales. Before sale of mortgaged premises, the 
 Auditor shall advertise the same in some newspaper printed in the 
 county where the land lies, if any there be (otherwise, in a paper in the 
 State nearest thereto), for three weeks successively, and, also, by notice 
 set up at the court-house door and at three public places in the town- 
 ship where the land lies. (95) 
 
 1. LENGTH OF NOTICE. The Legislature muy change the requisite length 
 of notice even after the mortgage has been given. Jones v. Hopkins', 26 Ind. 450. 
 
 2. No COMPENSATION. The Auditor is not entitled to compensation for 
 posting notices of sale. The Board v. Leslie, 63 Ind. 492. 
 
 3. SALE WITHOUT NOTICE. A sale without notice is not such new matter as 
 will entitle the mortgagor to a new trial in an action brought to recover for a de- 
 ficiency of the amount owed by him. Peyton r. Kruger, 77 Ind. 486. 
 
 4392. Manner of Sale Surplus. At such sale (which shall be 
 held at the court-house door), the Auditor shall sell so much of the 
 mortgaged premises, to the highest bidder, for cash, as will pay the 
 amount due for principal, interest, damages and costs. When less than 
 the whole tract mortgaged shall be sold, the quantity sold shall be taken 
 in a square form, as nearly as possible, off the northwesterly corner of 
 said tract ; and when less than the whole of any in-lot or out-lot of any 
 town or city shall be sold, the part sold shall be laid out and taken oil', 
 so that it shall extend from the main or principal street or alley on which 
 the said lot fronts, to the rear thereof, to divide the same by a line as 
 nearly parallel with the boundaries of said lot as practicable, and if less* 
 than the whole is sold, the Auditor, in his notice of sale, shall indicate 
 off of which side or end of said lot the part to be sold shall be taken ; 
 and if more than one tract of land is included in the mortgaged prem- 
 ises, the Auditor shall elect which tract or tracts shall be sold, saving to 
 the mortgagor, if practicable, the tract on which his house is located. 
 If a tract of land so mortgaged, and liable to be sold to satisfy the mort- 
 gage, can not be divided without materially diminishing the value of 
 such tract ; or if any in-lot or out-lot be indivisible, by reason of ex- 
 tensive buildings or other improvements thereon, the Auditor may sell 
 the whole thereof, and, after paying the amount due for principal, in- 
 terest, damages and costs, out of the purchase-money, shall pay the bal- 
 ance, if any, to the mortgagor ; and if the Auditor sell any part of a 
 tract of land, out-lot, or in-lot for more than the amount of principal, 
 interest, damages and costs, the excess, if any, shall be paid to the 
 mortgagor. (96) 
 
 1. DIVISION IMMATERIAL,. The Auditor can sell in no other way than that 
 provided by law. Webb i>. Moore, 25 Ind. 4. But in a suit to set aside a sale 
 made by the Auditor, where the mortgage debt, penalty and costs aggregated one 
 hundred and fifty-two dollars and twenty cents, though the land was worth four 
 
SCHOOL LAW OF INDIANA. 
 
 41 
 
 lougand dollars, and could have been divided without materially diminishing its 
 alue, it was held to be immaterial that he did not, at the sale, offer any part in 
 1 ae form of a square, or otherwise, off of the northwest corner thereof. Arnold 
 . Gaff, 58 Ind. 543. See notes 5 and 9. 
 
 2. THE EXI-KSS. If the mortgagor has sold the land to another person, and 
 he purchaser has assumed the mortgage, such purchaser would be subrogated to 
 he mortgagor and ntitled to receive the excess. Jfal'linn, .!/-'- 
 
 3. TA.V SALE. The lien of the State upon land mortgaged to the School 
 "und is not affected by a sale of the land for taxes, and the State need not redeem 
 o save its rights. The purchaser at the tax sale takes title subject to the School 
 r und mortgage. W<>ollt n, Att>/-Gen. 
 
 4. STATUTE Mr-r UK PURSUED. The County Auditor, in making a sale of 
 and in satisfaction of a School Fund Mortgage, has no power to sell in any other 
 node than that prescribed by the statute, and the burden is upon one claiming 
 ,itle under such a sale to show that the statutory requirements have been strictly 
 mrsui-d. Ilayneflf. Cox, 118 Ind. 184. 
 
 5. POP. '). Where the Auditor, in selling less than the whole tract 
 iiortirairod, does not take the quantity out of the northwesterly corner of the tract, 
 
 :ired by the statute, but, on the contrary, takes it from another and entirely 
 : tion thereof, he exceeds his power and the sale is invalid. Haynes v. 
 Cox, 118 Ind. 184. See notes 1 and 9. 
 
 6. STA-ICTE MUST BE STRICTLY PURSUED. In a sale of real estate the stat- 
 ute must be itrictly pursued, or the sale will be void. Williamson r. Doe, 7 
 Black f. IL'; Benefield r. Aughe, 93 Ind. 401; Ferris v. Crarens, 65 Ind. 262. 
 
 7. SALE FOR MORE THAN DUE. A sale for a sum greater than is due at 
 the time of the sale is void. Betson r. State, 47 Ind. 54; Key v. Ostrander, 29 
 Ind. 1; Vail r. McKernan, 21 Ind. 421; Board of Com. v. State, 122 Ind. 333; 
 Brown I u.l. -j:;4. 
 
 8. !<>x. The purchaser takes an absolute title, and junior incum- 
 brano r.t t<> redeem from the sale. Schnantz v. Schelhaus, 37 Ind. 85. 
 
 9. SALE i.\ PAK< ELS. The County Auditor need not offer the mortgaged 
 premise- in parcel-, vlp-rc tin y an- di-'-rihed in the mortgage as a single tract. 
 Shannon v. Hay, ](<; Ind. "!. See notes 1 and 5. 
 
 10. Ari'K.MHiMi-.NT. I 'poii the foreclosure of a School Fund mortgage, the 
 court may order the land sold without appraisement. Stockwell r. State, 101 
 Ind. 1. 
 
 11. QUIETING TITLE. One whose land has been sold to satisfy a School 
 Fund mortga-e ext ruled by him can not maintain an action to quiet title against 
 
 ic purchaser, although the sale was void, without-first paying or tendering to 
 latter the amount paid by him. Shannon r. Hay. 106 Ind. 
 
 RATE OK I.vmuxr. A School Fund mortgage draws the same interest 
 r maturity. Stockwell r. State, 101 Ind. 1. By act of 1893, the 
 
 6 per cent. See section 4369. 
 
 l:>. \Yin:x AUDITOR JII>T Bin. It is the duty of the Auditor to offer the 
 lortgaged premises in the manner provided by the statute ; and if, after offering 
 it for sale in that manner, no one bids the amount due, lie must bid the property 
 for the use of the fund secured by the niort.irauc. I I:iym-< r. Cox, 118 Ind. 184. 
 14. SUBROGATION. The purchaser of land sold by an Auditor under. a 
 
42 
 
 SCHOOL LAW OF INDIANA. 
 
 school fund mortgage, the sale having been set aside as invalid, may be snbroga- 
 ted to the rights of the State in the mortgage ; and the fact that there was ;i mis- 
 taken description, if the mistake can be corrected, does not affect the right of 
 subrogation on the part of the purchaser. Willson v. Brown, 82 Ind. 471. 
 
 15. CONVEYANCE DESCRIPTION MADE GOOD BY REFERENCE. A defective 
 description in a deed or mortgage is made good by a reference to another deed 
 which contains a true description. Willson v. Brown, 82 Ind. 471. 
 
 16. MERGER OF MORTGAGE. When the mortgage has been foreclosed, the 
 mortgage is merged in the foreclosure, and the Auditor can not sell under it. 
 Ferris v. Cravens, 65 Ind. 262. 
 
 , p. 314. Approv;ed and in force March 9, 
 
 4393. Auditor's Bid. In case of no bid for the amount due, 
 the Auditor shall bid in the same on account of the fund, and, as soon 
 thereafter as may be, shall sell the same having first caused it t<> lie 
 appraised by three disinterested freeholders of the neighborhood upon 
 the following terms, viz. : One-third cash in hand, and the balance in 
 four equal installments, due in one, two, three and four years, respect- 
 ively, from the day of sale, bearing interest at six per cent, per annum, 
 payable annually in advance ; but no such sale shall be for a less sum 
 than the appraised value thereof. (97) 
 
 1. STATUTE MANDATORY. The Auditor has no power to sell for cash, nor on 
 a credit of less than five years, nor without first having the land appraised, nor 
 for a less sum than the appraised value. Ferris v. Cravens, 65 Ind. 262. 
 
 2. MORE THAN ONE APPRAISEMENT. If the appraisement is found to be 
 too high, the Auditor may have a re-appraisement made, and sell the property 
 under the modified valuation. Any other construction might work irreparable 
 damage to the fund, as property might never sell for the amount of the first ap- 
 praisement, and might thus become a worthless investment. Wollen, Aft'v-<!<'n. 
 
 3. DUTY OF AUDITOR. It is the duty of the Auditor to offer the mortgaged 
 premises in the manner prescribed by the statute ; and, if, after offering it for sale 
 in that manner, no one bids the amount due, he must bid the property in for the 
 use of the fund secured by the mortgage. Playnes v. Cox, 118 Ind. 184. 
 
 4. REIMBURSING COUNTY. Where the mortgagor fails to pay the interest for 
 a number of years, and during those years the county pays it out of its general 
 fund, and afterwards the mortgage is foreclosed, and the land is bid in by the 
 Auditor on account of the school fund, and subsequently the land is sold and con- 
 veyed to a third party, the school fund is only entitled to the- principal of said 
 loan and the interest thereon, until after the county treasury is reimbursed lie- 
 cause of the interest it has paid to said fund on account of said loan. Board of 
 Com. r. State, 122 Ind. 3Itt. 
 
 5. SURPLUS. This section is construed with section 4394. Whenever the 
 land is sold, the county takes out the amount of principal of the mortgage for 
 which it was bought in, the amount of interest, damages and costs, and the sur- 
 plus goes to the original mortgagor or his grantee. Board of Com. r. State. 122 
 Ind. 333. 
 
SCHOOL LAW OF INDIANA. 
 
 Si;i H,,N I: 1 , 17. Section 4:117 has no reference to a sale under this section. 
 >ard of Com. r. State, 1 '-1 Ind. ''>''>''>. 
 7. See section 4392 and notes. 
 
 
 ha.- n 
 sehoo 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4394. Sale of Lands Bid in. Lands heretofore bought in on ac- 
 count of the fund, which have been appraised, shall be sold in like 
 manner ; and if, upon sale of any such land, a sum is realized which is 
 m<>re than sufficient to pay the principal, interest, damages and c 
 the overplus shall be paid to the original mortgagor, his heirs or assigns, 
 when collected. (98) 
 
 1. ( ompare WA7 and 4393, note 5. 
 
 -. SILT ON NOTE. A suit can not be brought on the note by the County 
 Auditor, where he has bid in the property mortgaged to secure such note, until he 
 ;de the sul>se<[iient sale required by this section, and failed to realize enough 
 
 Jy the amount due. Clark r. State, 109 Ind. 388. 
 . TAXES. The lien of taxes which accrued on lands mortgaged to the 
 1 fund subsequent to the mortgage is merged in the fee, where the land is 
 bid in by the county, and taxes can not accrue on the land subsequently, until a 
 purchase certificate is issued on a sale thereof. Michener, Att'y-Gen. See Hamil- 
 e, 1 Ind. 128; Groom v. State, 24 Ind. 2oo. 
 
 [188:?, p, 7". Approved and in force March 3, 1883.] 
 
 439 4a. Re-appraisement of Forfeited Lands. All lands which 
 him- become forfeited and have reverted, or may hereafter be forfeited 
 and revert to the various townships in the several counties of tli is State, 
 for failure to pay tin- interest or principal of the amount due thereon to 
 tin- H-hnol fund, and which have remained, or hereafter remain, unsold 
 16 period of three years, by reason of the amount due thereon 
 _ in excess of the values of said lands, may be re-appraised and sold 
 for a >um not less than said re-appraised value thereof; such re-apprai-e- 
 ment and sale to be ma<le in the same manner and upon the same terms 
 and condition.- as is IM>\\ prescribed by law for the appraisement and sale 
 n lands. (1) 
 
 1- ^'Ction 4:i~>2 provides for the re-appraisement and sale of any 
 
 lands in this State belonging to an J township for school purposes, which is pre- 
 sumed to include lands forfeited in the. manner indicated in this section. If suck 
 is the case, this section Mipr-r-i'de* section -1--V2 as to such forfeited lands, lint not 
 :is to .ma! township lands which have n- .-\ >ld. 
 
 tiona -I.". 17 and -l:us relate to the forfeiture and resale of lands 
 
 inully belon^in^ to and sold hy the con-iv>- i,.nal townships, sections 4:. 
 forfeiture and resale of lands mortgaged to >ecure luana from either of the s 
 funds. When a sale has not been effected on the appraisement required hy section 
 
 i authori/es a ro-nppraisement and sale at the end of three - 
 
 . note _. 
 
SCHOOL LAW OF INDIANA. 
 
 4394b. Appropriation by Commissioners. Upon the sale of 
 such lands, as provided for in the preceding section of this act, the 
 Board of County Commissioners of the several counties in which said 
 lands are situated may make an appropriation, from the general county 
 funds, a sum equal to the difference between the amount for which said 
 lands shall have been forfeited and the amount for which such lands 
 shall have last sold ; said sum appropriated to be placed to the credit of 
 the proper fund, and loaned as other school funds are loaned. (2) 
 
 1. NOTE. The duty of the Board to make such appropriation is imperative, 
 since the county is liable for all deficits in the funds entrusted to it. 4326, note 2. 
 
 4394c. Repeal of Conflicting Laws. All laws and parts of laws 
 in conflict with the provisions of this act are hereby repealed. (3) 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4395. Deed by Auditor. Upon full payment being made for 
 such lands, the deed therefor shall be executed by the County Auditoj*, 
 and shall be entered in the record of the Board of County Commis- 
 sioners before delivery. (99) 
 
 1. RECORD OF DEED. A recording of the deed in the Commissioners' record 
 is a comdition precedent to its delivery, and a necessary step in the sale. Arnold 
 v. Gaff, 58 Tnd. 543. 
 
 2. THE DEED AS EVIDENCE. It is the deed alone that Tests the title in the 
 purchaser, and if the deed does not state that the proper steps have been taken to 
 perfect a sale, it is no evidence that those steps have been taken. Williamson v. 
 Doe, 7 Blackf. 12. 
 
 3. TENDER or DEED. A suit for the purchase-money can not be made 
 without tender of a deed for the property, recorded as required above, not absolute 
 but conditional upon payment therefor. Johnson v. State, 74 Ind. 588. 
 
 4. PAYMENT. The amount bid is paid to the Treasurer, and not to the 
 Auditor. Cole v. Miller, 60 Ind. 463. 
 
 5. TAXES. The title of the purchaser vests in the purchaser freed from all 
 assessment and taxes made or levied between the date of the mortgage and the 
 date of the deed. Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 25~>. 
 
 6. SUBROGATION. If the sale prove invalid, and is set aside, the purchaser 
 may be subrogated to the rights of the State in the mortgage. Wilson v. Brown, 
 82 Ind. 471. 
 
 4396. Statement of Sales. At the public sale at the court-house 
 door provided for in this act, the County Treasurer shall also attend, 
 and make a statement of such sales, which shall he signed by the Audi- 
 tor and Treasurer, and after being recorded in the Auditor's office, 
 shall be filed in the Treasurer's office; and such record, or a copy 
 

 SCHOOL LAW OF INDIANA. 
 
 45 
 
 
 thereof, authenticated by the Auditor's or Treasurer's certificate, shall 
 be received as evidence of the matters contained therein. (100) 
 
 1. NOTE. This statement must be tinned by both Auditor and Treasurer, or 
 the sale will be void. Arnold r. (iaff, 58 Ind. 543. 
 
 43D7. Title in State Without Deed. When any land is laid 
 [bid] off by the Auditor at such sale, no deed need be made therefor to 
 the State ; but the statement of such sale, and the record thereof, shall 
 vest the title in the State, for the use of the proper fund. (101) 
 
 4398. Annual Report. County Auditors and County Treasurers 
 shall annually report, in writing, to the Boards of County Commis- 
 sioners of the respective counties, at the June sessions of said Boards 
 relative to the school fund held in trust by said counties, distinguishing 
 in aid reports, between the congressional township and common-school 
 funds ; indicating the amounts thereof; the additions to them within 
 the current year then ending ; the sources from whence such additions 
 are derived ; the condition of them as to their safety, giving the amount 
 thereof safely invested, unsafely invested and uninvested, and loss, at 
 the date of said reports ; giving also the amount of interest collected 
 upon said funds within the year then ending, and the amount then due 
 and unpaid. (103) 
 
 I 
 
 4399. Duty of Hoards. The Boards of County Commissioners 
 .-hall, annually, at their June sessions, in the presence of the Auditors 
 and Tiva^urers, examine said reports, the accounts, arid proceedings of 
 
 :<l officers in relation to said funds, and the revenue derived from 
 them. They shall compare with said reports, the cash, the notes, mort- 
 gages, records, and books of said officers, with a view to ascertain the 
 amount of said funds and their safety; and to do whatever may be 
 neci- M'cure their preservation and the prompt payment of the 
 
 annual interest thereon as the same becomes due; and make up to said 
 funds losses which have accrued, or may accrue. (104) 
 
 1. LOST I-YNI.-. If any <.f the School Fund, principal or interest, is lost, 
 the Superintendent o! Public Instruction may direct the proper Prosecuting At- 
 torney to institute suit against the county for its recovery. $4413. If suit is 
 not brought within one yeiir after cause of action has accrued, the Attorney-! Jon- 
 eral may bring it. Ads I >^'.i. p. 1JI. :'.'. The Prosecuting Attorney is not au- 
 thorized to bring suit at his own instance. R. S. 1881, #5864. See also 
 
 note '_'. 
 
 2. SUIT. An action may be brought in the name of the State on relation of 
 the Board of County OominiMionen to recover Congressional School Funds. 
 Groves i. State, ! Ind. 200; Butler Rogers v. Gibson, 15 Ind. 218. 
 
46 SCHOOL LAW OF INDIANA. 
 
 4400. Board's Report. Each Board of County Commissioners, 
 at said session, shall make out a report, in writing, of the result of such 
 examination, showing 
 
 First. The amounts of said funds at the close of last year. 
 
 Second. The amount added from sale of land within the year. 
 
 Third. The number of acres of unsold congressional township school 
 lands, and the approximate value thereof. 
 
 Fourth. The amount added from fines and forfeitures. 
 
 Fifth. The amount added by the Commissioners of the Sinking Fund. 
 
 Sixth. The amount added from all other sources. 
 
 Seventh. The total amount of the funds. 
 
 Eighth. The amount refunded within the year. 
 
 Ninth. The amount reloaned within the year. 
 
 Tenth. The amount safely invested. 
 
 Eleventh. The amount unsafely invested. 
 
 Twelfth. The amount uninvested. 
 
 Thirteenth. The amount of fund lost since 1842. 
 
 Fourteenth. The amount of interest collected within the year. 
 
 Fifteenth. The amount of interest delinquent. 
 
 And in such report, said Board shall distinguish between the Con- 
 gressional Township Fund and the Common School Fund ; and in its 
 account of the interest or revenue derived from said funds, it shall observe 
 the same distinction. (105) 
 
 1. UNSAFE INVESTMENTS. Commissioners are not justified in reporting 
 money as safely invested on the ground that the county is liable for the funds in- 
 trusted to it, and therefore the State can suffer no loss. If any money has been 
 loaned on personal security it should be reported as unsafely invested, such loans 
 being contrary to law. 4370, note 2. 
 
 2. CLAUSE 13. Clause 13 of the above section is obsolete. LaFollette, SupL 
 Pub. Inst. 
 
 4401. Disposition of Report. Such report shall be entered on 
 the records of said Board ; and copies thereof, signed by the members 
 of the Board, the Auditor, and Treasurer, shall be transmitted to the 
 Auditor of State and the Superintendent of Public Instruction. (106) 
 
 4402. Apportionment of Loans. Where the whole of the school 
 funds of a county have been loaned, the Auditor shall apportion to 
 each congressional township a sufficient number of mortgages to cover 
 the principal of its Congressional Township Fund ; and where a part of 
 the school funds only are loaned, the Auditor shall so apply a propor- 
 tional amount ; and the cash on hand, when loaned, shall be for the 
 benefit of the congressional townships, respectively, to the amount of 
 the entire principal of its Congressional Township Fund ; and in all 
 
IOL LAW OF INDIANA. 
 
 47 
 
 - made after the taking effect of this act, the note and mortgage 
 Khali specify the particular fund borrowed. (152) 
 
 1. NOTK. This section prescribes the manner of carrying out the provisions 
 27, and should have ben placed after it in the Revised Statutes. If in any 
 ce its provisions have not been complied with, it is still in force and must 
 
 eyed. 
 
 [1879 s". p. ld_. Apir<>vc<i and in force March 29, 1879.] 
 
 4403. Miscellaneous School Fund Account. It shall be the 
 duty of the Auditor in each county to open an account with the Con- 
 
 -ional Township School Fund, to be styled the "Miscellaneous 
 
 S-hool Fund Account." He shall transfer to said account, from each 
 
 ;mt, all sums on hand at any time when a loan is solicited 
 
 (provided the aggregate sums will equal the amount sought to be 
 
 wed), and may lend such combined sums in one loan; which loan 
 shall be numbered in consecutive order, and the securities shall each 
 and all be indorsed with the number as " Miscellaneous Loan No. ," 
 as the number may be ; and he shall enter in the miscellaneous account, 
 on the debit side, separately, the sums taken from the account of the 
 
 :il townships, so as to show the corresponding number of the loan, 
 and credit the several township accounts with the same sum and the 
 like number of loan. Thence on, as interest accrues and is paid in on 
 Mich loan, he shall debit the several township accounts with the pro rota 
 portion of Mich interest accruing to each; and when such loan is paid, 
 he fhall di.-triluite back to the township accounts the several sums orig- 
 inally transferred from each, and debit the miscellaneous account ac- 
 cordingly, and balance- and close said account as to said loan. In all 
 
 ntries throughout, he shall keep each entry identified by the proper 
 number belonging to that loan, and so of each combined miscellaneous 
 oiiieniplatcd in this act. (1) 
 
 4404. Distribution and Keport. In all cases where distribution 
 
 is made of the school funds under the law now in force, it shall include 
 
 all money on hand, or which, according to law, should be on hand, not 
 
 g the inn-rest on loans for one year, which shall be distributed 
 
 in full, and no portion shall he omitted or retained; and the report 
 
 bv the Auditor shall show fully the amount actually on hand, as 
 required and contemplated by law. and .-how the distribution of the 
 
 in full. (2} 
 
 4405. Penalty Airainst Auditor. If any Auditor fail or refuse 
 /.-tribute and report such fund in full, ae required by this act, he 
 
 shall be liable to an action on his official bond. The Superintendent of 
 
48 SCHOOL LAW OF INDIANA. 
 
 Public Instruction shall direct that action be brought upon the official 
 bond of such defaulting Auditor, and the Prosecuting Attorney of the 
 proper county shall bring such action. On finding against such Auditor, 
 judgment shall be entered for the sum so omitted by him to be distrib- 
 uted, with damages of twenty per centum thereon, which shall be for 
 the use and benefit of the fund so omitted to be distributed. (3) 
 
 ARTICLE II ADMINISTRATION. 
 
 [1865, p. 3. Approved and in force March 6, 1865.1 
 
 4406. Superintendent of Public Instruction. There shall be 
 elected by the qualified voters of the State, at a general election, a State 
 Superintendent of Public Instruction, who shall hold his office for two 
 years. (119) 
 
 1. TERM. The State Superintendeney being a constitutional office, the length 
 of the term can not be changed by legislation. R. S. 1881, 189. 
 
 4407. Commencement of term Oath. His official term shall 
 commence on the fifteenth day of March succeeding his election. He 
 shall take and subscribe the oath prescribed by law ; which proceeding 
 shall in all things conform to the law relative to the oaths of public 
 officers. (120) 
 
 1. OATHS OF OFFICE. Every officer under the Constitution must take such 
 an oath before entering upon his duties. R. S. 1881, $226. 
 
 4408. Duties Office Clerks. The Superintendent shall be 
 charged with the administration of the system of public instruction and 
 a general superintendence of the business relating to the common schools 
 of the State, and of the school funds and school revenues set apart and 
 appropriated for their support. A; suitable office shall be furnished for 
 him, at the seat of government, in which the books, papers, and effects 
 relating to the business of said office shall be kept ; and there he shall 
 give reasonable attendance to the business and duties of the office. He 
 shall render an opinion, in writing, to any school officer asking the same, 
 touching the administration or construction of the school law. He is 
 hereby authorized to employ two clerks for said office, to be paid as the 
 clerks of the office of the Auditor of State are paid ; and the sum of 
 eighteen hundred dollars is hereby annually appropriated for that pur- 
 pose. (121) 
 

 struct 
 
 " 
 
 OF INDIANA. 49 
 
 1. LEGISLATUKF.'S I;nv. It is the duty of the General Assembly to pre- 
 scrihe the ;.-m -nil spin-re of the State Superintendent's activity, and to provide 
 suiUhle compensation lor him. K. S. 1 
 
 J. OPINIONS. He [3 not bound to give opinions except to school officers that 
 . ;ty auditors, county treasurer* and superintendents, township trustees, school 
 director-, and school trustees of towns and citio. But the courtoy of Superin- 
 ;;s lias established the custom of iMi-^vcrin.^ (jiie-tion- touching the construc- 
 tion and administration of the school law-, for all who need such information. 
 
 3. His OPINIONS NOT A DEFENSE. For it has been held that depositing funds 
 in a solvent hank, hy advice of State and county superintendents and county hoard, 
 if loss re.-ult, is ID defense to the trustee depositing. Inglis r. State, 61 Ind. L'lii. 
 
 4. His OPINION KNTiTi.Ki) TO <,I:I:\T WK.M.iiT. \Vhe,i a law admits of difler- 
 ent constructions, it i .ed that the iiMi'je under it and the practical con- 
 
 ction of it for a series of years, its entitled to great weight, and sometimes may 
 . -Appeal of Cottrell, 10 R. I. 615. 
 
 4409. Report to Governor. In the month of January in each 
 
 in which there is no regular session of the General Assembly, he 
 shall make a brief report, in writing, to the (rovernor, indicating, in 
 
 ral terms, the enumeration of the children of the State for common 
 school purposes, the addition.-, to the permanent school fund within the 
 
 . the amount of school revenue collected within the year, and the 
 amounts apportioned and distributed to the schools. (122) 
 
 4410. Report to General Assembly. At each regular session of 
 the deneral A>.-i-mbly, on or b th day of Januan , .-aid 
 
 rintendent >hall pre.-ent a biennial report of his administration of 
 the -y.-tem of jtublic instruction, in which he shall furnish a brief 
 exhibit 
 
 ,'. Of hi> labors, the results of his experience and observation as 
 to the operation of said .-y.Mein. and .-u-^est the remedv for ob- 
 rfections. 
 
 ////. Of the amount of the permanent school funds, and their 
 
 :1 condition (U y .f manner of investment; the amount of 
 
 .ne annually ierived therefrom, and from other sources; estimate- 
 
 for the following two years; and the estimated value of all Other prop- 
 
 1 apart or appropriated for >chool purposes. 
 
 Third. Of such j)lans as he may have matured for the better organi- 
 zation of the schools, and for the increase, -ale investment, and better 
 jtrrMM-vation and manaLrement of th" permanent school funds, and for 
 the in-reas- and m-Te economical expenditure of the revenue for tuition. 
 ////. lie shall present a comparison of the results of the year then 
 closing with those of the year next preceding, and. if deemed expedient, 
 of years preceding that, so as to indicate the progress made in the 
 business of public instruction. 
 4 SCHOOL LAW. 
 
50 
 
 SCHOOL LAW OF INDIANA. 
 
 Fifth. He shall furnish such other information relative to the system 
 of public instruction the schools, their permanent funds, annual reve- 
 nues, etc. , as he may think to be of interest to the General Assembly. 
 
 He shall append to said report statistical tables, compiled from the 
 materials transmitted to his office by the proper officers, with proper 
 summaries, averages and totals appended thereto. He shall append a 
 statement of the semi-annual collections of school revenue, and his 
 apportionment thereof; and, when he deems it of sufficient interest to 
 do so, he shall append extracts from the correspondence of school officers, 
 lending to show either the salutary or defective operation of the system 
 or of any of its parts ; and shall cause ten thousand copies to be printed 
 and distributed to the several counties of the State. (123) 
 
 4411. Duties. He shall visit each county in the State at least 
 once during his term of office, and examine the Auditor's books and 
 records relative to the school funds and revenues, with a view to ascer- 
 tain the amount and the safety and preservation of said funds and rev- 
 enues ; and for that purpose, he shall have access to, and full power to 
 require for inspection the use -of the books and papers of the Auditor's 
 office. Whenever he may discover that any of the school funds are un- 
 safely invested and unproductive of school revenue, or that any of the 
 school revenues have been diverted from their proper objects, he shall 
 report the same to the General Assembly. He shall meet with such 
 school officers as may attend his appointment, counseling with the teach- 
 ers, and lecturing upon topics calculated to subserve the interests of 
 popular education. (124) 
 
 1. VISITS. The Superintendent should hold himself in readiness to attend 
 teachers' institutes whenever called upon. But it must be remembered that there 
 are ninety-two counties in the State, and that with BO many labors to perform in 
 the office it will be impossible to spend much time in each county. Every teacher 
 of our public schools is required to meet him at the time of such visitations, and 
 the time lost in such cases shall not have to be made up by the teacher. Fletcher, 
 Supt. 
 
 4412. Traveling expenses. He shall receive, for traveling and 
 other expenses w r hile traveling on the business of the department, a sum 
 not exceeding six hundred dollars per annum ; and an appropriation of 
 that amount is hereby made for that purpose, annually. (125) 
 
 4413. Supervision of school funds. He shall exercise such su- 
 pervision over the school funds and revenues as may be necessary to as- 
 certain their safety, and secure their preservation and application to the 
 proper object; and cause to be instituted, in the name of the State of 
 Indiana, for the use of the proper fund or revenue, all suits necessary 
 
SCHOOL LAW 
 
 INDIANA. 
 
 51 
 
 for the recovery of any portion of .-aid funds or revenues. It is hereby 
 made the duty of the proper Circuit Prosecuting Attorney to prosecute 
 all such suits at the instance of the Superintendent, and without charge 
 
 Iiinst said funds or revenue. (126) 
 1. See 4400, note 
 2. MAY EMPLOY ATTORNEY. This section and 5611, E. S. 1881, authorize 
 State SIIJK rintfiident and Auditor of State to employ an attorney to coll- 
 .claim due the School Fund, and their contract in this behalf is the contract of the 
 ate P. Sims, 7i hid. 
 
 4414. May require reports. He may require of the County Au- 
 ditors, Count v Superintendents, County Treasurers, Trustees, Clerks, 
 and Treasurers, eopic.< of all reports required to be made by them, and 
 all such other information in relation to the duties of their respective 
 offices, so far as they relate to the condition of the school funds, rev- 
 enues, itnd property of the common schools and the condition and mau- 
 lent of such schools, as lie may deem important. (127) 
 
 
 4415. Blanks and forms. He may prepare, and transmit to the 
 proper officers, suitable form- and regulations for making all reports, and 
 the necessary blanks therefor, and all necessary instructions for the 
 
 r orirani/ation and Lfovniment of common schools, and conducting 
 all necessary proceedings under this act. ( 1 
 
 4416. EV>nH8 Of book-keepiHg. Forms and modes of book-keep- 
 
 -hall, from time to time, be prescribed for County Auditors and 
 County Treasurers by the State Superintendent of Public Instruction. 
 
 4417. Shall publish school laws. He shall cause as many copie* 
 of tl.- ral .\--emblyiu relation to the common schools 
 or the school fund>, with mves>ary forms, instructions, and regulations. 
 
 from time t. time printed and distributed amonn the school towu- 
 shi].- as he shall deem the public -j-oo<l requires. < 1 1 
 
 4418. Journals, ttc., to libraries. He shall supply each common 
 school library with the Legislative and Documentary Journals, an 
 
 of each session of the (ieiieral .Wembly, and his own annual 
 ;lie expiration of his term of office he shall deliver to his 
 'ii of the ottiee. and all book-, records, documents, 
 papers, and other articles pertaining or belonging to his office. (130) 
 
52 
 
 SCHOOL LAW OF INDIANA. 
 
 [1875, p. 130. Approved February 25, 1875, and in force August 24,1875.] 
 
 4420. State Board of Education. The Governor of the State, 
 the State Superintendent of Public Instruction, the President of the 
 State University, the President of Purdue University, the President of 
 the State Normal School, and Superintendents of common schools of the 
 three largest cities in the State, shall constitute a board, to be denom- 
 inated the Indiana State Board of Education. The size of the cities 
 shall, for this purpose, be determined by the enumeration of children 
 for school purposes, annually reported by County Superintendents to 
 the Superintendent of Public Instruction. The Superintendent of Pub- 
 lic Instruction shall, ex officio, be President of. the Board ; and in his ab- 
 sence the members present shall elect a President pro tempore. The 
 Board shall elect one of its members Secretary and Treasurer, who shall 
 have the custody of its records, papers and effects, and shall keep 
 minutes of its proceedings : Provided, That such records, papers, ef- 
 fects and minutes shall be kept at the office of the Superintendent, and 
 shall be open for his inspection. The said Board shall meet upon the 
 call of the President or a majority of its members, at such place in the 
 State as may be designated in the call ; and shall devise, adopt and pro- 
 cure a seal, on the. face of which shall be the words, "Indiana State 
 Board of Education," and such other device or motto as the Board may 
 direct an impression and written description of which shall be recorded 
 on the minutes of the Board and filed in the office of the Secretary of 
 State ; which seal shall be used for the authentication of the acts of the 
 Board and the important acts of the Superintendent of Public Instruc- 
 tion. (153) 
 
 1. NOTE. When first created in 1852 the Board consisted of the Superintend- 
 ent of Public Instruction and the Governor, Secretary, Treasurer and Auditor of 
 State. In 1855 the Attorney-General was added. It remained merely a board of 
 State officers, but little interested in or conversant with educational affairs, and 
 exerting no appreciable influence, till 1865, when the membership was constituted 
 as at present, except the President of Purdue University, who was added in 1875. 
 As a board of professional educators, independent of politics, it has been a valu- 
 able agent in our education af progress. 
 
 [1865, p. 3. Approved and in force March 6, 1865.1 
 
 4421. Duties and powers. Said Board, at its meetings, shall 
 perform such duties as are prescribed by law, and may make and adopt 
 such rules, by-laws and regulations as may be necessary for its own 
 government, and for the complete carrying into effect the provisions of 
 the next section of this act, and not in conflict with the laws of the State. 
 

 SCHOOL LAW OF INDIANA. 
 
 53 
 
 
 :,; 
 
 and shall take cognizance of such questions as may arise in the practical 
 administration of the school system not otherwise provided for, and duly 
 consider, discuss, and determine the same. (154) 
 
 1. EXAMINATION OJ;KSTIONS. By virtue of the considerable power conferred 
 by the authorization to take cognizance of matters not otherwise provided for, the 
 Board prepares <j;ii >tions lor the examination of teachers, and prescribes tke time 
 and manner of their use by the County Superintendents. This work received 
 legislative recognition in 1883 by the enactment of the next section. 
 
 2. COUNTY SITKUINTENKKNT. It is the duty of the County Superintendent 
 to carry out the instructions of the State Board and State Superintendent. $4429. 
 
 The State Board appoints the Trustees of the Indiana University. $4565. 
 
 4. The State Board a Board of School Book Commissioners for the adoption 
 text-books. H421 b. 
 
 5. The adoption of text-books is legislative and not judicial, and can not be 
 iewed on ccrtiururi. People v. Oakland Board, 54 Cal. 375. 
 
 [1883, p. 81. Approved March 3, 1883, and in force June 5, 1883.] 
 
 4421 a. Traffic in questions. Whosoever shall sell, barter, or 
 give away, to applicants for license, or to any other person, the questions 
 prepared by the State Board of Education, to be used by County Super- 
 intendents in the examination of teachers, or in any way dispose of .si id 
 question- contrary to the rules prescribed by said State Board of Educa- 
 tion, .-hall be deemed quilty of a misdemeanor; and on conviction, shall 
 be fined in any sum not less than ten, nor more than two hundred 
 dollars. (1.) 
 
 [1865, p. 3. Approved and in force March 6, 1865.J 
 
 4422. State certificates. Said Board may grant State certificates 
 of qualification to such teachers as may, upon a thorough and critical 
 examination, bo fmnl ->ss eminent scholarship and professional 
 
 ability, and .-hull furnish satisfactory evidence of good moral character. 
 shall hold stated meetings, at which they shall examine all appli- 
 , and those found to possess the qualifications herein above named 
 shall : ilicate, signed by the President of the Board, and 
 
 impressed with the seal thereof; and the said certificate shall entitle the 
 holder to teach in any of tlu> schools of the State without further exam- 
 ination, and shall also he valid during the life-time of said holder, unless 
 revoked by said Hoard. Kaeh applicant for examination shall, on 
 making application, pay to the Treasurer of the H<>ard five dollnrs as a 
 fee. (155) 
 
 I'ROFESBIONAL AND LIFE STATE T 
 
 Examinations for these licenses are conducted by the County Superintendents 
 in the months of February, March and April. 
 
 The February list embrace* the following subjects: Arithmetic, Geography,. 
 English Grammar, Phyxiolniry, I . S. History and Read in <:. 
 
54 
 
 SCHOOL LAW OF INDIANA. 
 
 Subjects for March : Algebra, Civil Government, American Literature, 
 Science of Education, and two of the following three subjects Elements of Physics, 
 Elements of Botany, and Latin (Latin Grammar, two books of Caesar, and two of 
 Virgil). 
 
 Subjects for April : Geometry, Rhetoric, General History, English Literature j 
 Physical Geography, and two of the following three subjects Chemistry, Geology 
 and Zoology. 
 
 The following requirements govern the application for Professional and Life 
 State Licenses: 
 
 1. Applicants for Life State License must have taught school forty-eight 
 months, of which sixteen shall have been in Indiana. Before entering upon the 
 examination, they shall present to the County Superintendent satisfactory evi- 
 dence of good moral character and professional ability, and pay five dollars each 
 (the fee prescribed by law), which can in no case be refunded. 
 
 2. A person holding a thirty-six months' license shall be exempt from the 
 February list and may receive a Life State License by passing on the March and 
 April lists. 
 
 3. To be eligible to Professional License the applicant must have held and 
 taught thereon, two thirty-six-month licenses, covering a period of not less than 
 five years immediately preceding the examination. 
 
 4. Applicants for Professional License will take the March examination only. 
 
 5. No fee is required of applicants for Professional License. 
 
 6. A license will be granted to those who make a general average of seventy- 
 five per cent., not falling below sixty per cent, in any subject, and who present satis- 
 factory evidence of professional ability and good moral character. 
 
 7. An applicant for a Life State License who shall fail in the examination for 
 the same, but who has met all the requirements of a Professional License, shall re- 
 ceive such license, or if he reaches the required average for a Professional License, 
 but falls below the standard per cent, in one subject, he may be conditioned in 
 such subject, and may be granted a Professional License on the same conditions 
 as if he had originally applied for a license of this class. 
 
 8. An applicant is ''conditioned," that is, he may complete the work at the 
 next regular examination, if he reaches the required general average and passes 
 successfully upon all the branches except one, required for the license applied for. 
 A statement setting forth this fact will be furnished such " conditioned" applicant, 
 who must present the same to the County Superintendent, who will forward it 
 with the manuscript to this Department. Order of State Board, January 17, 1893. 
 
 9. See section 4425 and notes. 
 
 [1873, p. 68. Approved and in force March 8, 1873J 
 
 4423. Pay aiid mileage of Board. The members of said Board, 
 other than the Governor and State Superintendent of Public Instruc- 
 tion, shall be entitled to receive for their services, while actually en- 
 gaged in the duties of their office, five dollars per day and five cents per 
 mile necessarily traveled while so engaged ; which amount shall be cer- 
 tified by the Board to the Auditor of the State, who shall draw his warrant 
 therefor, payable out of the general fund, which sum shall be re-irnbursed 
 
SCHOOL LAW <>F INDIANA. 
 
 
 the general fund by the treasurer of the Board paying into it that 
 mum out of the money receive! by him as fees for certificates ; and if 
 tin- iv be any residue of money received as such fees, it shall IK ex- 
 pended by the Superintendent of Public Instruction in the purchase of 
 MI liable books for an office library. Said Board shall be allowed the 
 wary expenses incurred in the discharge of the duties required <f 
 :ime, for elerk hire, postage, etc. ; which expenses shall be paid as 
 the expenses of the members of the Board are paid. (156) 
 
 1. APPROPRIATION^. The requirement that the Auditor of State shall, upon 
 tlu- certificate of the Board, draw his warrant on the general fund for the expenses 
 specified, amount- to a continuing appropriation therefor, which, however, is tem- 
 porarily suspended when an appropriation is made therefor in the biennial appro- 
 priation hill. lion), Attif.-' '> n. 
 
 [1873, p. 75. Approved and in force March 8, 1873.1 
 
 4424. County Superintendent. The Township Trustees of the 
 several townships of each county shall meet at the office of the County 
 Auditor of such county, on the first Monday of June, 1873, and 
 biennially thereafter, and appoint a County Superintendent, who shall 
 he a citi/en of such county, whose official term shall expire as soon as 
 his successor is appointed and qualified; who, before entering upon the 
 duties of his office, shall take and subscribe an oath that he will faithfully 
 perform his duties as such officer according to law, which oath shall be 
 filed with the County Auditor. Her shall execute a bond, with freehold 
 Mirety to the approval of the County Auditor, payable to the State of 
 Indiana, in the penal sum <>i' one thousand dollars, conditioned that he 
 will faithfully discharge his duties according to law, and faithfully account 
 for and pay over to the proper persons all moneys which may come into 
 his hands by reason of Mich office ; and, thereupon, the County Auditor 
 shall report the name and po^t-office address of the person appointed to 
 the Superintendent of Public Instruction: Prov/</<W, tionrrrr, That the 
 Board of County Coiiimi>-ion -rs shall hiive power to dismiss any County 
 Superintendent for immorality, incompetency, or general neglect of duty, 
 or for acting a> agent for the sale of any text-book, school furniture, or 
 map.-: but i.- County Superintendent shall be dismis.-ed without giving 
 him written notice, under the hand and seal of the Auditor, ten days 
 before th first day of tin- term of the Court of Commissioners at which 
 the cause i> t<> be heard ; and the said notice shall state the ch;i 
 preferred again.-t the Superintendent, the character of the instrument in 
 which they are preferred (whether a petition, complaint, or other writ- 
 ing), and the names of those preferring the same. The duties required 
 of the School Examiner by any act shall hereafter be performed by the 
 
56 
 
 SCHOOL LAW OF INDIANA. 
 
 County Superintendent. Whenever a vacancy shall occur in the office 
 of County Superintendent, by death, resignation or removal, the said 
 Trustees, on the notice of the County Auditor, shall assemble at the 
 office of such Auditor, and fill such vacancy for the unexpired portion of 
 the term in the manner herein provided ; and the County Auditor shall 
 be clerk of such election in all cases, and give the casting vote in case of 
 a tie, and shall keep the record of such election in a book to be kept for 
 that purpose. (33) 
 
 1. AMENDMENT VOID. The act of March 9, .1875, attempting to amend this 
 section, and $4427, 4429 and 4433, is unconstitutional and void. The Board v. 
 Smith, 52 Ind. 420; State v. Harrison, 67 Ind. 71. 
 
 2. QUORUM FOE APPOINTMENT. A majority of all the Township Trustees of 
 the county is a quorum for the appointment of a superintendent, and the person 
 receiving the votes of a majority of that majority is elected. Michener, Atty.-Gen. 
 
 The County Auditor, not being a member of the body, can not be counted in 
 determining whether or not a quorum is present. An election by less than a 
 quorum is void. State v. Porter, 113 Ind. 79; State v. Edwards, 114 Ind. 581. 
 
 3. MEETING OF TRUSTEES. The Trustees meet for a regular appointment by 
 command of the statute, not by virtue of the Auditor's call, but it is proper for the 
 Auditor to notify them of the time of the meeting. On the occurrence of a 
 vacancy the Auditor notifies the Trustees of the fact and fixes the day for them to 
 assemble to fill it. Holcombe, Supt. 
 
 The Trustees, having failed to appoint a Superintendent on the day fixed by 
 law, adjourned sine die, and afterward, on call of the Auditor, met and made an 
 appointment. But such action was held to be invalid and of no effect. State v. 
 Harrison, 67 Ind. 71. Yet had the Trustees adjourned from day to day, an appoint- 
 ment made at such adjourned meeting would probably have been valid; and pos- 
 sibly after adjournment sine die, a mandamus might have issued to compel a re- 
 assembling to perform the omitted duty. Sacket v. State, 74 Ind. 487. 
 
 4. MODE OF ELECTION. The Auditor has a right to act as the clerk of the 
 Board of Election, keep a record of the same, and give the casting vote in case of 
 a tie. Tke Trustees have the right of controlling the manner of the election. 
 The Auditor's declaring a person elected does not amount to anything; he has no 
 right to make such declaration. It is the duty of the Board of Trustees to do 
 that, and until they finally settle the matter a member has a right to vote. The 
 appointment has verj few elements of a popular election about it. The law simply 
 provides that the Township Trustees shall appoint, and says nothing about the 
 manner in which the appointment shall be made. Any mode that they may adopt 
 by which they can arrive at the expression of the wish of the majority is sufficient 
 to designate the person to be appointed, and there is nothing binding until 
 there is a final determination of the subject by the Trustees. State v. Kilroy, 86 
 Ind. 118. 
 
 If an election results, and is duly declared, the right of the person elected is 
 consummated; he can not be deprived of his office by the subsequent action of the 
 Board. Michener, Atty.-Gen. 
 
 5. CASTING VOTE. The County Auditor is clerk of the election, and gives 
 the casting vote in case of a tie, in regular elections as well as in those held to fill 
 vacancies. Holcombe, Supt. 
 
">L LAW OF INDIANA. 
 
 57 
 
 Ion 
 
 : 
 
 
 A tie means that two opposing candidates have each an equal number of 
 votes. An equal division on a motion to appoint a candidate to the office is not 
 such a tie as entitles the Auditor to vote. Baldwin, Afhj.-Gen. See note 19. 
 
 6. WHO ELHJMJLE. To be eligible to the county superintendency a person 
 must be a bona fide resident and elector of the county. R. S. 1881, 154. 
 
 He must have been an inhabitant of the county during one year preceding 
 his appointment, but it is net es-ential that he should have been a citizen or 
 elector for so long. State r. Kilroy, 86 Ind. 118. 
 
 Women are held to be ineligible. $4540, note 1. 
 
 7. RECOGNITION BY STATE SUPERINTENDENT. It is made the duty of the 
 County Auditor to report to the Superintendent of Public Instruction the name 
 and address of the person appointed. That is the means provided by law for in- 
 forming the State Superintendent who has been appointed, and he has no power 
 
 decide upon the validity of an election on information furnished from other 
 rces, evidence aliunde. That is a question for the courts. Holcombe, Supt. 
 
 I >isi>r TP:D ELECTION. The qualifying of the appointee consists IB the exe- 
 ion and acceptance of the required bond, and taking and subscribing the oath 
 office. A person who has received the certificate of appointment and taken the 
 above action is County Superintendent, at least de facto. If the validity of the 
 appointment is disputed, the issues may be joined by an action to replevin the 
 records and properties of the office or by a writ of quo warranto against one of the 
 claimants. 7/p/rw/x. Xu,,t. See note '2'2. 
 
 '>. Al'l'KAL OX DISMISSAL- SUPERINTENDENT CAN NOT SERVE WHILE APPEAL 
 
 An appeal lies to the Circuit Court from a decision of County Com- 
 rs dismi->in<r a Superintendent from office. Whilesuch appeal is pending, 
 the person dismissed can not act a-; Superintendent, but a successor may be ap- 
 I, and will hold for the unexpired term, unless the person dismissed is re- 
 .1 by the Court. See Walls v. Palmer, 04 Ind. 4U3, and Matthews ?. Chase, 
 41 it/. . See also J. M. A: I. Ky. R, McQueen, 49 Ind. ',}. ' 
 
 1<|. ;uty Commissioners are not required to furnish the 
 
 County Superintendent with an office, nor are they liable to him for the use of his 
 own otlice as Mich Superintendent. Hoard of Com. v. Axteil, WJ Ind. 384. 
 
 11. I.i L A County Superintendent, properly elected and 
 
 qualified, holds his oflire until his .-ucces-or is elected and qualified. State r. 
 Sutton, '.'! Ind. 300, 
 
 TJ. RK KI> OF i-:i i TI-X. The record of a Superintendent's election, made 
 by the County Auditor, is />//, and is priuui facie evidence of such 
 
 election. (ton, '.'. hid. :iO<i. 
 
 l:'>. KLI:CTK>N r.Y P.ALLMT. When the Township Trustees agreed that the elec- 
 tion of a Superintendent ^hall bi- by secret ballot, the election will be determined 
 by the ballots actually cast, and in a suit regarding the validity of such an elec- 
 tion the ballots are the best evidence, but when they have been lo-t, it is proper 
 for the jury or Court to consider the testimony of Trustees who cast the ballots, 
 and of those who counted them and announced the result. State r. Sutton, !M> 
 Ind. 300. 
 
 1 I. nx. Where the Trustees agreed that the elec- 
 
 tion -lioiild be by ballot, adhered to that mode throughout, and at the time the 
 result was announced suppo-ed the result was correctly announced, it was held 
 that an adjournment without an objection was not an acquiescence in the result. 
 
 U.P 
 
 mis: 
 
58 
 
 SCHOOL LAW OF INDIANA. 
 
 and that such action did not amount to an acquiescence in the result. State v. 
 Sutton, 99 Ind. 300. Without, however, regard to whether the votes of a majority 
 of all the school Trustees are necessary to the valid appointment of a County 
 Superintendent, where such Trustees recognize the appointment as valid and the 
 appointee qualifies and enters upon the duties of the office with the acquiescence 
 of all others, he may compel his predecessor to deliver the records of the office to 
 him. McGee v. State, 103 Ind. 444. 
 
 15. MANDAMUS. Mandamus is the proper remedy to compel a Superin- 
 tendent to turn over the records and furniture of the office to his successor. Mc- 
 Gee v. State, 103 Ind. 444. 
 
 16. RESIGNATION. Where, without notice of the withdrawal of a resignation 
 previously made, the time arrives for it to take affect, and a successor to the in- 
 cumbent is duly appointed, no formal acceptance of such resignation is necessary 
 to deprive such incumbent of title to the office. McGee v. State, 103 Ind. 444. 
 
 17. REGULARITY OF APPOINTMENT. One can not contest the regularity of 
 the appointment of a successor, who has become invested with an apparant title, 
 by refusing to surrender the records of the office. McGee v. State, 103 Ind. 444. 
 
 18. VOTING FOR HIMSELF. A Township Trustee can not vote for himself, 
 and if he does, his vote is void. A failure of the Trustees voting for other candi- 
 dates to make further objections after the presiding officer has announced the re- 
 sult of the election, can not be taken to be either an implied or informal vote in 
 favor of the officer who voted for himself. Hornung v. State, 116 Ind. 458. 
 
 19. TRUSTEES PRESENT AND NOT VOTING. There were eight Trustees, all 
 there were in the county, present. Four voted for A, and the other four declined to 
 vote. The chairman announced that the vote was a tie, and the Auditor then 
 voted for A., and the chairman declared him elected; A. qualified and demanded 
 the office. It was decided that he was duly elected; that there was a quorum 
 present; that he received the votes of all those present and voting, which was a 
 majority of the number necessary to constitute a quorum, and that he received the 
 necessary number without the vote of fhe Auditor, who would only be entitled to 
 vote in case of a tie. State v. Drummond, 125 Ind. 65. 
 
 20. AUDITOR VOTING. Township Trustees met at the time required by statute, 
 several ineffectual votes were taken, and on the last ballot one-half of the Trustees 
 voted for E., and the others voted blanks. A resolution was then offered declaring 
 that E. be appointed. The vote on this resolution was evenly divided for and 
 against it. The Auditor then gave a casting vote for the resolution and a certificate 
 of election was issued to E. It was held that the election of E. was void. State v. 
 Edwards, 114 Ind. 581. But this case has been modified by the case cited in 
 note 19. 
 
 21. ORGANIZING BOARD. If the Trustees meet and proceed to organize as a 
 board, if there is a tie on chairman, the Auditor may give the casting vote. 
 Michener, Atty.-Gen. 
 
 22. OFFICER DE JURE. When a new Superintendent is elected and qualified 
 all acts of his predecessor are void which are performed thereafter. Hord, Atty.- 
 Gen. 
 
 23. CITY AND TOWN BOARDS. The President of City and Town School Boards 
 can not participate in the election of a County Superintendent. Hord, Atty.-Gen. 
 
 24. FILING BOND. Mere failure to file the bond within the time required by 
 law does not render the office vacant. Board of Com. ?. Johnson, 124 Ind. 145. 
 
SCHOOL LAW OF INDIANA. 59 
 
 \nd the Auditor can not refuse to approve the bond on the ground that the 
 Superintendent was corruptly elected. State r. Board of Com., 124 Ind. 554. 
 
 \i:i:s sHon.n N<>T insi KIMINATI: A'.AINST ANY COUNTY 
 
 EB. It is asked if County Commissioners can be compelled to provide an 
 ofHce for the County Superintendent. Technically, probably County Commission- 
 ers could not be compelled to do any discretionary act. As guardians of the pub- 
 lic welfare they ought, however, to provide properly for all public necessities. 
 The County Superintendent's office is a public necessity, and ought to be- provided 
 by the Commissioi. 
 
 The Supreme Court, in Board t. Axtell, 96 Ind. 384, said: " The County Corn- 
 oners are not required [hy statute] to furnish the County Superintendent an 
 office." The Commissioners are not required by statute to furnish the Sheriff an 
 office or a residence. Yet every county in the State does furnish the Sheriff an 
 office, and all the counties in the State except three furnish the Sheriff a residence. 
 These three are preparing to furnish a residence for the Sheriff. This is all proper 
 and legal. It is not commanded by statute. It is discretionary with them. 
 
 In discussing their discretionary powers in the Board of Commissioners of 
 Franklin County v. Bunting, 111 Ind. 143, the Supreme Court said: "That the 
 Board is invested with very extensive discretionary powers in the management of 
 county affairs <-;m n,,t be donl-ted. The discretion vested in it is comprehensive 
 enough to authorize it to build a Sheriffs residence in connection with the county 
 jail, for such an act is within the scope of its authority." 
 
 what offices shall be provided. 
 
 The Commissioners are abundantly warranted by the law in providing the 
 County Superintendents with an office. Fortes, Supt. 
 
 [1893, P. 142. Approved and in force May 18, 1893.1 
 
 44*25. Said County Superintendent shall examine all applicants for 
 licci:-' rhcrs f r the common schools of the State by a series of 
 
 written or printed questions, requiring answers in writing, and in addi- 
 tion to the said quc.-tions and answers in writing, questions may be asked 
 and answered orally, and it', from the ratio of correct answers and other 
 evidence.- disclosed hy the examination, the applicant is found to possess 
 a knowledge which i> Hifficicnt, in the e.-timation of the County Super- 
 intendent, to enable said applicant successfully to teach, in the common 
 school- of the State, orthography, reading, writing, arithmetic, geogra- 
 phy, Kn.irlish srrammcr, ph\>iolo- v and the history of the United States, 
 and to "jovcrn .-urh .-cbool, said County Superintendent shall license said 
 applicant for the term of six months, tuelve months, twenty-four 
 months, or thirty-six month-, according to the ratio of correct answers 
 and other evidence.- of qualification?. L r iven upon said examination, the 
 standard of which shall he fixed hy the County Superintendent; and in 
 examining persons for position- to teach in graded schools in cities and 
 to\Mis, the County Superintendent may take into consideration the 
 special fitn f -uch applicants to perform the services required of 
 
60 
 
 SCHOOL LAW OF INDIANA. 
 
 them, and shall make, on the licenses issued to such applicants, a state- 
 ment of the kind of work for which they are especially qualified ; and 
 all applicants, before being licensed, shall produce to the County Super- 
 intendent the proper Trustee's certificate or other satisfactory evidence 
 of a good moral character : Providedj That a six months' license shall 
 be regarded as a trial license, and that no person who hereafter receives 
 a six months' license in any county shall be again thereafter licensed in 
 said county unless he obtains a grade which shall entitle him to receive 
 at least a twelve months' license : And provided, That any person now 
 possessing a thirty-six months' license, whose next consecutive license 
 shall be for a term of thirty-six months, or any person who shall here- 
 after receive two licenses in succession each for thirty-six months, may 
 receive at the expiration of such several licenses, a license for the term 
 of eight years upon such an examination held by the County Superin- 
 tendent as may be prescribed by the State Board of Education, and such 
 license shall issue only upon the approval of the State Board of Educa- 
 tion, and shall be styled a professional license, and shall entitle the holder 
 to teach in any of the schools of this State : Provided, That any person 
 who has taught for six consecutive years in the common schools of this 
 State, and now holds a three years' license to teach therein, or who, having 
 previously taught for six consecutive years in said common schools, and 
 shall hereafter obtain a three years' license to teach therein, or who has 
 heretofore been exempted under this act, shall be forever afterward 
 exempt from examination so long as he or she shall teach in the com- 
 mon schools of the county in which said three years' license was obtained ; 
 but if such person shall, at any time after said exemption accrues, suffer 
 a period of one year to pass without having taught one full school year 
 in the common schools of the county within said period, then said exemp- 
 tion shall cease at the option of the County Superintendent; and if 
 such person shall, during such exemption, seek employment to teach 
 other or higher branches in the common schools of this State than those 
 branches which were included in the examination upon which said three 
 years' license was issued, then he or she shall be examined in such addi- 
 tional branches: Provided, That said County Superintendent be au- 
 thorized to issue an exemption license upon proper affidavit or affirma- 
 tion of said applicant, and that said exemption license be subject to the 
 same legal limitations as other licenses issued by said County Superin- 
 tendent. 
 
 1. The clause "or who has heretofore been exempted under this act," refers 
 to the act of 1889. It is an amendment inserted by the Senate and afterward rati- 
 fied by the House, showing that it was the intention of the Legislature that this 
 act should have no effect whatever on exemption licenses acquired under the act 
 of 1889. Varies, Supt. 
 
SCHOOL LAW <)F IMIANA. 61 
 
 Under the act of March 2, 1880, the County Superintendent had no legal 
 uthority to iu- :i certificate of the exemption license-. J'TiVs, Svpt. 
 
 3. The County Superintendent can not be compelled by mandate to issue cer- 
 
 Bficate* of exemption licenses obtained under act of March 2, 1889. At the Oc- 
 1S90) term of the Jefferson County Circuit Court teachers sought to compel 
 ;nty Superintendent to issue certificates of their exemption licenses. On 
 ubmission of agreed statement of the case, Judge Fried ly s;ii<l: "The court 
 fter due consideration, adjudged upon the facts submitted, That the said teach- 
 rs, at the time said act of March 2, 1889, became a law, were valid licensed teach- 
 rs and exempt from examination, under said law, and are still teachers under 
 aid law, the force and effect thereof being to extend the licenses held by them at 
 hat time, indefinitely, so long as they shall continue to teach, each year, consecu- 
 ively, hereafter, in this county. And that it was not obligatory on said County 
 Miperintendent to issue to said teachers certificates of qualifications, if desired, 
 ind thereupon it is adjudged that said plaintiffs have no cause of action herein 
 tgainst said defendant, and that said defendant recover his costs herein." Varies, 
 Supt. 
 
 4. County Superintendents are authorized to issue certificates of exemption 
 licenses obtained under the act of 1893. But this act does not authorize them to 
 issue certificates of exemption licenses obtained under the act of 1889. Varies, 
 Supt. 
 
 5. Persons holding exemption licenses obtained under the act of 1889 should 
 make oath or affirmation, to the Trustee or School Board employing them, that 
 they are legally licensed, and, therefore, legally competent to contract as teach- 
 ers. Vori'v, Sapt. 
 
 -ons teaching in the common schools of Indiana, under the authority 
 of this statute (section 4425, as amended March 2, 1889), are in nowise dependent 
 upon the County Superintendent for their authority, as they do not possess any 
 authority granted by him conferring upon them the right to teach. Their author- 
 ity to teach springs from the sovereign power of the State, and is both complete 
 and independent. It is, as it were, a patent granted to an individual for continu- 
 
 Ious meritorious conduct as a public instructor. This patent derives its force and 
 authority from the law-making branch of our State Gove'rnment, in an effort to 
 us to enter into and continue in the profession of school teaching; 
 long a- its ownei prevents it from lapsing, he may use and enjoy it, and 
 there is no power to revoke the authority or suspend the right. A person thus 
 author! -..-h must deal with the school officers [School Trustees] of hi- 
 
 county, and all questions of moral fitness of such person to teach in the public 
 
 I schools must be settled by such school officers. If the Trustees and School Boards 
 to employ a person 1 of a statutory right to teach, they alone are 
 
 lection, there being no power to eupervisc or reverse their 
 . The statute imposes no limitation on the right of School Boards to de- 
 cide whether such an applicant is a lit j.eix.n to teach in the common schools over 
 which they have jurisdiction. Their power to decide is original and final. The 
 siliiliiy for bad selections n-sts with the school officers [School Tn: 
 ierive their powers directly from the people, and must account to them for 
 their conduct. The County Superintendent has no power to control or revoke 
 the right. The rirht doe- not spring from him, and the statute creating it does 
 not authorize him to grant or suspend it. .-1. 0. Aftftft, Aft';. -Ken. 
 
62 
 
 SCHOOL LAW OF INDIANA. 
 
 7. EVIDENCE OF CHARACTEB. A superintendent may require evidence of good 
 moral character before the examination commences, and if such evidence is not 
 satisfactory, he may refuse to examine the applicant. This is not a wise thing to 
 
 io, however, since, if the question of scholarship were settled, a license might aft- 
 erward be issued on production of satisfactory evidence; or on an appeal to the 
 Superintendent of Public Instruction, the question of moral character alone would 
 have to be considered. Smart, Supt. 
 
 No person who indulges in such immoral practices, as profanity, drunkenness, 
 gambling or licentiousness, should be licensed to teach. Hoss, Supt. 
 
 8. Loss OF CERTIFICATE, ETC. The certificate is only the evidence *of a 
 license. It follows that if a teacher loses his certificate he remains licensed, 'and 
 should be so treated, provided he can prove the facts. In such cases a duplicate 
 certificate may be issued from the Superintendent's record. The failure of an 
 applicant upon examination does not affect a license previously issued to such 
 applicant, or afford ground for its revocation. Smart, Supt. But see note 23. 
 
 9. SPECIAL FITNESS. No person shall be admitted to the benefits of the pro- 
 vision that "special fitness" sh'all be considered in the examination of teachers for 
 the graded schools of cities and towns, except on presentation of a written request 
 of a town or city School Board, with a statement that said Board desires to employ 
 said applicant for a certain grade of work named or described, and the expediency 
 of complying with such request shall be left to the discretion of the County Super- 
 intendent. Resolution of County Superintendents' Association, 1883. 
 
 10. SPECIAL, LICENSES. A County Superintendent may, upon the request of 
 the School Board of a town or city, examine a candidate for the position of teacher 
 of German in the graded schools of such town or city, in such a manner as will 
 satisfy him that the candidate is qualified for such work, and issue to the said 
 candidate a license to teach the German language as a branch of study in the 
 graded schools of a town or city; and the Trustees of said town or city may 
 remunerate a person holding such a license for performing the specific services 
 thereby authorized out of the common school revenue for tuition. Holcumbi', 
 Supt. See 4497, note 5. 
 
 11. Under the provisions of this section it is not entirely plain whether it 
 was intended that persons seeking positions in graded schools, because of their 
 special fitness to teach music, drawing or penmanship, should hold a license quali- 
 fying them to teach in common schools ; but, in view of the construction given this 
 section throughout the State in the graded schools, and adopting for myself the 
 most liberal construction that can be given to the section, I am of the opinion that 
 where School Boards have directed the teaching of music, drawing and penman- 
 ship as independent branches in such schools, the only license that should be 
 required of such teachers is as to their fitness to teach in such special branches. 
 
 In arriving at this conclusion I have given to the statute the only construction 
 which in my judgment will carry into force and effect the real intention of the 
 Legislature. 
 
 To construe this act to mean that every professor of music, drawing and 
 penmanship or other specialty required to be taught in the graded schools must 
 first show himself to be competent to teach all the branches taught in the common 
 schools would, in a majority of cases, prevent School Boards from securing the 
 very best talent to teach in these special branches. For it is but fair to say that 
 those possessing the highest order of skill in special branches are, in most cases, 
 

 SCHOOL LAW (>F INDIANA. >> 
 
 II 
 
 I CO ftUIC 
 
 .ram lu 
 
 ng, ui 
 
 ichool 
 
 >rancl 
 specia 
 
 ::;;' 
 
 sqiialified to teach in all the branches required to be taught in the common 
 
 I of tin- State. 
 
 And I conclude, therefore, that the Legislature, in authorizing these special 
 ranches to be taught in the graded M-hools, did not intend to require of Mich 
 -r-i, us other qualifications than their fitness to teach such branches. This being 
 ue, all such persons, when employed to teach such special branches, should be 
 therefor in the same manner as the other teachers are paid. A. G, Xmith, 
 
 12. IM,K,AI. lasUtBOf 1.11 KN.-IX Jf a new Superintendent finds that lie* 
 ave been illegally issued by \i\> predecessor, he should cancel the records and cer- 
 iticatcs thereof, and notify the School Trustees in the county of such action. Be- 
 on- taking this action he should carefully investigate the facts, and notify the par- 
 ies intended. Driving them an opportunity to show that their licenses are valid. 
 
 be, > 
 
 :'.. AiM-iTioxA], BKAM-HKS. ( rciierally an examination in the enumerated 
 hes i- siitlicient, but when a school district has decided by legal school meet- 
 ng, under section 4~>ir_', that they desire other or higher branches taught in their 
 -x-hool, then the Superintendent must examine the applicant on the additional 
 >ranches required by the school meeting. But in case a School Board requires a 
 <pecial tea* her in a graded school, such teacher should be examined only on what 
 required to teach.- See note 11. PbrtM, >'///*/. 
 
 i -ii vi-: I.H-KNSKS. The provision of the law which creates the 
 ix months' and eight years' licenses contemplates that they should take effect 
 consecutively, and not overlap each other in time. A person who has received two 
 county licences of the tirst grade in succession "may receive at the expiration of 
 such several licenses u license for the term of ei.iiht years." upon pa>sing a certain 
 ination. The intention of the Legislature was to relieve teachers of approved 
 skill and ability from the burden of frequent examinations. But the benefits of 
 :-ht years' j.rof. ional lic.-n-e are carefully guarded, being extended to those 
 Qfl only who have held consecutively a twenty-four months' license (heretofore 
 i , and a thirty->i\ months' licence, or who shall hold hereafter two thirty- 
 six months' licenses in succession. The period of the currency of these two 
 licenses is provided us a trial period in which the teacher may gain experience and 
 prove his ability, and I think the law should be interpreted as not permitting such 
 period to be abridged by granting the second or third license more than thirty 
 days In-fore the expiration of the one j. receding it. Yet tin- examination for such 
 license may not improperly be held within a reasonable time previous to the expi- 
 ration of the preceding one. LlOOWeS, to be con-ecutive. need not be issued in 
 the game county.- -- IIl<'<,inl-, .^ii/it. 
 
 !",. -IONAI, u KNSKS. It is ordered that persons who have received 
 
 two county licenses of the tir-t trrade. iu conformity with the State Superinten- 
 dent's opinion on " c..n-ecutive li :e S, above), may be admitted within 
 one vear of the expiration of the second of such licen-esto an examination for an 
 ei-ht year-' ]rof< ional li.-cnse, which shall comprise the subjects of elementary 
 algebra, elem.-nts ( ,f phy-ic-, elements ,,f bi.tany, grammar, civil government. 
 American literature, and the pcience of teaching. Such examination shall be 
 conducted by the County Superintendents in the several counties, upon quest ion- 
 prepared by the State Board; the manuscripts shall lie sent to the Board for gra- 
 dation, and the certificates granted shall take effect upon the expiration of the 
 
64 SCHOOL LAW OF INDIANA. 
 
 thirty-six months' licenses held by the persona receiving them. An examination 
 for eight years' licenses is held in March, annually. Order of State Board, Novem- 
 ber 1, 1883. 
 
 16. MISCELLANEOUS. A license may be refused to an applicant on the ground 
 of incompetency to govern a school. A license may be issued without the Trustee's 
 certificate of character, if the Superintendent is satisfied on the subject. The 
 Superintendent is not bound to examine applicants who have no intention to teach 
 in the county, as the examinations are not provided for the amusement of novices. 
 A license can not legally be antedated, but if antedated it is good from the day 
 when it is issued for the period named on its face. Bloss, Supt. 
 
 17. APPEAL. If an applicant for a license is not satisfied with the grading 
 of his County Superintendent, he may appeal to this department [the Department 
 of Public Instruction] ; and if, on the other hand, any patron of a school thinks 
 that a teacher thereof has been too liberally graded, the same right of appeal 
 exists in such patron as in the applicant for a license. LaFolhtte, Supt. 
 
 18. NEW LIST OF QUESTIONS. When an applicant presents himself for the 
 work of the regular examination, it is understood to mean for the icork of that day. 
 Should an applicant appear at a subsequent examination, he could not pass upon 
 those questions used before ; but would be expected to pass upon a new list of ques- 
 tions, which are in the hands of the County Superintendent for that day's use 
 only. LaFollette, Supt. 
 
 19. INCOMPETENT TEACHER. A County Superintendent may refuse to license 
 a teacher whom he knows to be incompetent to teach. There are two ways that 
 such knowledge may come to him : 1st. From personal visitation and inspection 
 of his school work. 2d. From statements made by those in a position to inspect 
 such work. LaFollette, Supt. 
 
 20. EXEMPTION LICENSE. The law expressly says that a teacher must 
 teach without interruption after a license is issued to him under the exemption 
 clause of section 4425. The inference is that the six years' teaching done should 
 have been done in the six years last past that is, without any interruption to 
 entitle an applicant to the exemption. The County Superintendent may require 
 such evidence of his teaching in other counties as will satisfy him that the teacher 
 has done the necessary work, and that he has shown a degree of success suificient 
 to justify the Superintendent in granting the renewal. I, therefore, hold that the 
 teaching must have been done in the six years last passed, but that the teaching 
 in other counties may be credited, if the County Superintendent is fully satisfied 
 that the teaching in other counties has been successful. A Superintendent may 
 very properly refuse to issue a license in his own county to one whose success is 
 poor. LaFollette, Supt. 
 
 21. EXAMINATION IN TWO COUNTIES. There is nothing in the law directly 
 prohibiting a Superintendent from issuing a license upon manuscripts made in 
 another county under the supervision of another Superintendent. But the practice 
 is not entirely safe, and should be carefully guarded. If the manuscripts are sent 
 by the Superintendent of another county, with his certificate that they have been 
 fairly and honestly made, and his recommendation of the applicant as to character 
 and ability, the Superintendent receiving them may grade them, and if they prove 
 satisfactory issue a license to the applicant. Holcoinbc, Supt. 
 
 22. POWERS OF SUPERINTENDENT NOT JUDICIAL LIABILITY. The County 
 Superintendent belongs to the executive department of the government ; lie acts 
 
SCHOOL LAV? <>F IMMANA. 65 
 
 neither :i judicial nor y/ws/'-judiciai capacity in licensing persons to teach, and 
 hi- has a di-cretioii on the subject of licensing teachers, which is so far analogous 
 to judicial discretion that he is protected from any claim for damages on account 
 mistake in his decisions, or error in judgment, either in granting or with- 
 holding: a license. Yet he is liahle in damages for maliciously -withholding a 
 to teach from an applicant lawfully entitled to receive the same, and lie 
 will he held to have acted maliciously where he acts either from willful and wicked 
 or from corrupt motives. Khnore r. Overtoil, 104 Ind. 
 
 2:\. LICKN-K AND CKKTIFK ATI:. There is no leiral distinction between the 
 
 granting of a li< '-h an'd the act of issuing a certificate of that fact. The 
 
 .nvertible, and the " lin-nsinir" implies th..- isMiing to an applicant of 
 
 a written p< rmission to teach in the public schools. Elmore v. Overton, 104 Ind. 
 
 note. 
 
 21. 1'UINCIPALS AND HKiH SCHOOL TEACHERS IN TOWN AND CITY SCHOOLS. 
 
 I think the spirit of the law is fully complied with when high school teachers pass 
 examination in such branches and only such as they are required to teach. If an 
 applicant is to teach say Latin, Geometry, General History ami 1'hysics, I see no 
 good reason for requiring him to pa.-; on the "ei-ht common school branches." I 
 question whether ft teacher can legally draw money from the tuition revenue for 
 teaching the high school branches on a common school license. The intention of 
 the law clearly is that a teacher.- fitness to teach should be tested on what he is 
 re-quired to teach, not on what he is not required to teach. See note 1L Varies, 
 
 '_'". DISCRETION. Reasonable discretion of the County Superintendent can 
 ; rolled by the courts. 11 Ky. L. II. 4SO; .VJ Iowa 111. 
 IANDVMIS. Mandamus will not lie to compel the issuance of a teach- 
 by the County Superintendent; the Superintendent being vested 
 h a discretionary power, the court may compel him to act upon an application, 
 but can not control his discretion, liailey r. Ewart, 52 Iowa 111. The mode 
 of procedure in such a case is an appeal to the Superintendent of Public Instruc- 
 tion, and if after hearing the case he orders the County Superintendent to issue a 
 certificate, mandamus would lie to co-npel him to do so. Varies, f>m>t. 
 
 TOWN OH Ci:v Si ITKIM KNDKNT. A person employed to superintend 
 and manage -chools need not be a teacher nor have a teacher's certificate. 81 
 Mich. 214. I'.ut if he teaches any -ubject he must have a certificate, otherwise he 
 could not be permitted to teach even though he drew no pay from the tuition rev- 
 enue for teaching.- }'<>,-it.<, Xnpt. 
 
 A rule made by the County Superintendent declaring that "No certifi- 
 cate i- granted f<>r a longer period than twelve months to an applicant who has 
 never taught in this comity " is carrying discretionary power to the point of dis- 
 crimination, and is umv.-irraiited in law. x /;;/. 
 
 2!'. MINISTKKIAL DOTY. Mandamus is the proper action to compel an offi- 
 cer to perform any ministerial duty, but mandamus will not lie to compel the per- 
 formance of any di-cretioiiary duty. 2.". Atlantic Kep. '.'21. 
 
 5 STHOOT. LAW. 
 
SCHOOL LAW OF INDIANA. 
 
 [1865, p. 3. Approved and in force March 0, 1865.] 
 
 4426. May revoke licenses. The County Superintendent shall 
 have power to revoke licenses granted by him or his predecessors, for 
 in competency, immorality, cruelty, or general neglect of the business of 
 the school ; and the revocation of the license of any teacher shall termi- 
 nate his employment in the school which such teacher may have been 
 employed to teach. (36) 
 
 1. PROCEDURE. In the revocation of a license, the Superintendent may act 
 upon his own knowledge, or he may proceed upon petition of the patrons. In the 
 former case he should make out and record charges and specifications, based on his 
 own knowledge, and furnish the teacher a copy thereof, citing him to appear at a 
 certain time and answer with such evidence and explanations as he may be able to 
 give. The answer and evidence should be made a matter of record, together with 
 the finding of the Superintendent. In case a petition for the revocation of a license 
 is received-f rom patrons, the Superintendent may dismiss it if the complaints are of 
 a frivolous character. A mere petition is not enough. Definite charges and speci- 
 fications should be filed with it. When such charges are received, the Superintend- 
 ent should fix an early day for the trial, notify the teacher of the pendency of 
 charges and furnish him a copy thereof, and notify all parties interested of the 
 time and place at which the trial will be held. An accurate record of all the pro- 
 ceedings should be made and all papers filed, for use in case of an appeal to the 
 Superintendent of Public Instruction. Whenever a license has been revoked, the 
 Superintendent should make a record of the fact, and immediately notify all the 
 Trustees of the county. Smart, Supt. 
 
 2. A LICENSE A VESTED RIGHT. A license having once been granted, the 
 teacher acquires a proprietary interest in it. It is in one sense property. No 
 teacher should be deprived of his license without an opportunity to answer charts 
 that may be brought against him, whether by the County Superintendent or 
 others. Smart, Supt. 
 
 3. KEVOKING LICENSES AND DISMISSAL OF TEACHERS. The license of a 
 teacher guilty of forgery may be revoked; he must, however, be actually guilty 
 of the crime, and while an indictment against him is strong evidence of his guilt, 
 it is far from conclusive; for on the trial he may be acquitted. The fact that he 
 dismissed school to attend his trial, does not authorize his dismissal. The fact 
 that many citizens of the vicinity of the school believe he is guilty does not au- 
 thorize the revocation of his license nor his dismissal. The fact that his teaching 
 tends to lower the moral standard of the schools of the county, and hinder the 
 County Superintendent in his efforts to uphold it, does not authorize his dismissal. 
 A license can only be revoked for the causes enumerated in section 4426. If a 
 majority of those entitled to vote at a school meeting petition the Trustee to dis- 
 miss him, the Township Trustee may do so, after due notice and good cause shown. 
 A County Superintendent is not liable for revoking a license unless he acted ma- 
 liciously. Michener, Atty- Gen. 
 
 4. Pu.UTK'K. When charges ol incompetency are made against a teacher, 
 those making the charges should be required to prove them by the oaths of such 
 witnesses as have a knowledge of the facts. If the teacher fail in the government 
 
OL LAW oK IMH 
 
 of his school, or ability to teach Jai Is short of the proper standard, the Superin- 
 tendent is justified in rev proved. The exam- 
 ination ol' the t.-a-'her in ; tiled by the issuing of 
 a license to him. The charges ol <id cover that part of the 
 rork along the line of the practical or administrative side of his work. 
 
 ;lie ('our.i i- vi-iN is pro| 
 
 to le considered in p i-ment upon tl 
 
 l.MMoKAi.rrv. iiinoral which is inconsistent 
 
 with wicked, unjust, dishonest or vici 
 
 (>. Frequen QB, throw!: r tiie drinks, and usin^ profane 
 
 r the revoca!ion of a U aeln-r\ license. Lttl-'ol/ift,', 
 
 7. The license ol a teacher who frequents a place of gambling 1 and takes 
 part in the -ame may In- revoked. I ^'u r f. 
 
 ion 41 1'-".. 
 
 The practice of requin- surrender their certificates upon 
 
 taking another examination is mrvarranted and unlawful. It amounts to a revo- 
 cation of the license, which can not l>e d upon the orderly procedure in- 
 dicated in note 1. !""//..-, Snj>(. 
 
 10. nil appeal bon< : 
 
 11. K;:vor.vn.,.v OF EXEMPTION LICENSE. For revocation of exemption 
 license obtained under ti: 
 
 :nxl in force Mar-li S, 1873.] 
 
 4427. Examinations License. Tin- County Superintendent 
 
 ^luill holii -IMC i>tillic examination in eacli month in the yt'jir in 
 
 M<1 in P.- tint a license upon a priv:r 
 
 ainiiuitl. n ; aihl all by him shall IK* limited to the county 
 
 in \vhir-. 
 
 1. uiination should le the same in each 
 ' ar.d ad!: nience will be secured to 
 
 I the law will not be defeated, but 
 ;miiu r may hold more than 01 
 
 animation -'iblie in the sense here required 
 
 !y announced and is held in a p;i!d!e hall or oil: 
 
 2. Tlu- public:;; in a daily or weekly newspaper in the county or 
 
 lent public notice in the SCUM- here 
 required. I'". 
 
 , :in<l ill d. p'.- .March ',. 
 
 4128. Record-book Report to State Superintendent. The 
 
 County Siipcr'mh : 11 provide a l>lank-ln..k al tin- 61 
 
 the COttnty, iu \vhieh he shall keep minute >!' \i\< pFOO anil shall 
 
 deliver said pe :,d jimperty apj.ertain- 
 
 ivecipt tiieret'or. Said Su- 
 Ierint('U,i t n; >hali, in tlie ! M;,v. annually, report to the 
 
68 SCHOOL LAW OF INDIANA. 
 
 Superintendent of Public Instruction, the names of the persons to whom 
 he has granted license since the last report, for his county ; distinguish- 
 ing between those licensed for six, twelve, eighteen, and twenty-four 
 months ; giving the number of males, and the number of females, and 
 total number licensed ; and the number, but not the names, of appli- 
 cants for license who have been rejected ; and the number of licenses 
 revoked. (38) 
 
 1. NOTE. The amendment of the teachers' license law abolished the eighteen^ 
 months and created a thirty-six-months' license. This section was inadvertently 
 not changed, but the report must be conformed to the new arrangement. $4425. 
 
 2. PAROL PROOF OF CONTENTS OF RECORD. The presumption is that a 
 County Superintendent kept a record of his proceedings, which is the best evidence 
 of his acts in either granting or refusing a license; and in an action against him 
 for maliciously withholding a license, oral proof of his admissions that he had 
 granted a license to the applicant is inadmissible unless it is averred in the com- 
 plaint and first shown that he kept no such record as required by the statute, or 
 that such record is incorrect. Elmore v. Overton, 104 Ind. 548. 
 
 [1873, p. 75. Approved and in force March 8, 1873.] 
 
 4429. General duties. The County Superintendent shall have 
 the general superintendence of the schools of his county. He shall 
 attend each Township Institute at least once in each year, when he shall 
 preside at the same and conduct its exercise. He shall visit each school 
 of the county at least once each year, for the purpose of increasing its 
 usefulness and elevating, as far as practicable, the poorer schools to the 
 standard of the best. He shall encourage Teachers' Institutes and 
 associations, and shall labor, in every practicable way, to elevate the 
 standard of teaching, and to improve the condition of the schools of 
 the county. In all controversies of a general nature arising under the 
 school law, the opinion of the County Superintendent shall first be 
 sought ; whence an appeal may be taken to the State Superintendent, 
 on a written statement of facts, certified to by the County Superintend- 
 ent : Provided, That nothing in this act shall be so construed as to 
 change or abridge the jurisdiction of any Court in cases arising under 
 the school laws of the State ; and the right of any person to bring suit 
 in any Court, in any case arising under the school laws, shall not be 
 abridged by the provisions of this act. He shall, at all times, carry out 
 the orders and instructions of the State Board of Education and the 
 Superintendent of Public Instruction, and shall constitute the medium 
 between the State Superintendent and subordinate school officers and 
 the schools : Provided, That city schools having a Superintendent em- 
 ployed by their board may, at the request of said board , be exempt from 
 the general superintendence authorized in this section. (39) 
 
SCHOOL LAW <)F INDIANA. 
 
 69 
 
 1. NOTE. The Superintendent has the care and oversight of the schools of 
 county, with authority to direct in their organization and management. Hop- 
 
 1. V ISITATION. The provision requiring Superintendents to visit their schools 
 ice a year is peremptory. If he fails to do so, it is a good cause of removal. 
 There can hardly be any grosser neglect than a failure to visit the schools at least 
 
 ra year. Hnldu in, Atty.-^ni. 
 To make his visitations of much value, the Superintendent ought to visit each 
 >ch< il at least twice a year. This can be done under the law by giving each school 
 a half day at a visit. I think it is safe to say it was the intention of the Legisla- 
 ture that the Superintendent should be allowed at least as many days for visiting 
 >chools ax lie has different teachers to visit. The Commissioners should not in 
 iv case restrict him to a less number of days than this, and if he is a prudent 
 lan it would be safe to let him visit at his own discretion. The restriction can be 
 placed upon him at any time if it be shown he abuses his privilege. Smart, Supt. 
 
 3. EXEMPTION OF CITIES. This privilege is not extended to incorporated 
 towns. The request should be addressed to the County Superintendent, and should 
 be entered in the records of the City School Board. From the date of the request 
 and so long as a City Superintendent is employed the County Superintendent has 
 no authority over the city schools, but such authority will revive if the City Board 
 fails to employ a Superintendent. Holcombe, Supt. 
 
 4. VACCINATION. The duty of enforcing rules regarding vaccination of 
 iool children belongs primarily to Town, City and County Boards of Health, and 
 ondarily, and after written notice from the State Board of Health, to the County 
 
 Superintendent. -JZa/dtriw, Atty-Gen. See K. 6. 1881, 4994. 
 
 TOWER AS TO COURSE OF STUDY AND RULES. The management and con- 
 trol of the schools is conferred by law upon the Trustees, and this power involves 
 the right to prescribe a course of study and make rules and regulations. But the 
 Trusters also appoint a County Superintendent, who, in a large department of 
 school government, is the representative and agent of the Trustees, and to him 
 their powers are delegated so far as is necessary to successful administration. I 
 think, therefore, that if neither the County Board of Education nor the Trustees 
 individually have taken the necessary action, the Superintendent may arrange a 
 of study and direct its enforcement in the schools, and may make reasonable 
 and regulations, and the refusal of a teacher to obey the Superintendent in 
 the-c particulars, would be such "neglect of the business of the school" ($4426) as 
 warrant a revocation of his license, or would indicate such incompetence 
 .essfully tead, as would warrant a refusal to grant him another 
 
 ?nse. llnlconih,', X'tjtt. 
 ;. I'KOCKIMI:]: IN AIMM I 1438. 
 
 7. See section* 1 1-1 1 186 and I 
 
 p. 68. Approved and in force March 8, 1873.] 
 
 4430. When must enumerate. When any Trustee shall neglect 
 to file with the C'.unty Superintendent an enumeration of the children 
 
 of the township, town or city, as required l.y section 4472, the County 
 Superintendent .-hall, immediately after the first day of May in each 
 
70 SCHOOL LAW OF INDIANA. 
 
 year, employ a competent person to take the same, and allow a reason- 
 able compensation for such services, payable from the special school 
 revenue of the township ; and shall proceed to recover the same in the 
 name of the State of Indiana, for the use of said revenue of said town- 
 ship, by action against the 'said Trustee in his individual capacity ; and 
 in such suit the County Superintendent shall be a competent witness.. 
 (40) 
 
 1. See sections 4472-4475. 
 
 [1883, p. 113. Approved and in force March 6, 1883.] 
 
 4431* Annual reports. The County Superintendents shall, on or 
 before the fifteenth day of May, annually, make out and forward to the 
 State Superintendent the enumeration of their respective counties, with 
 the same particular discrimination required of the Trustee. They shall, 
 on or before the first day of September, annually, furnish the statistical 
 information, which Trustees are required to report to them in such form 
 as may be prescribed by the Superintendent of Public Instruction. They 
 shall also furnish with such statistical report such additional information 
 embodied in a written report relative to the condition of the schools, 
 school houses, and the general progress of education, etc., in the county, 
 as the State Superintendent may from time to time call for. On failure 
 of any County Superintendent to make his report of enumeration by 
 the first day of September [fifteenth day of May], his county shall be 
 subject to a diminution of twenty-five dollars in the next apportionment 
 of school revenue by the State Superintendent ; and, on failure. to make 
 his statistical and other reports by the fifteenth [first] day of September, 
 his county shall be subject to a diminution of ten dollars in the next ap- 
 portionment likewise. The sum thus withheld may be collected from 
 said County Superintendent, in a suit before a Justice of the Peace, 
 prosecuted in the name of the State by any person living in said county 
 who has children enumerated for school purposes, for the current year, 
 and who is aggrieved by said diminution. Said suit shall be commenced 
 within two years from the time when said report was due, and not after- 
 ward : Provided, That said County Superintendent may discharge him- 
 self from liability to such suit by a certificate of the postmaster, that 
 said report -was mailed indue time, together with his own affidavit of 
 that fact. (41) 
 
 1. AMENDMENTS EXPLAINED. The school law of 1861 for the first tiim- iv- 
 quired the Trustees to report the enumeration to the County Examiner, and the 
 Examiner to report it to the Superintendent of Public Instruction. The report was 
 then made on or before Sppteniher 1st. The amendment of the section in 1873- 
 
"L 
 
 71 
 
 changed the date to May l-~>th, as it still remains, and fixed September 15th as the 
 i -i the statistical report The amendment of 1883 changed this latter date to 
 ;aber 1st. In re-writing the section for amendment in 1883 a mistake was 
 made in the latter part by naming September loth instead of May 15th, and the 
 15th instead of the 1st of September, as the last days of grace for the & 
 reports. -Jfnlnnnbi', Xiijit. 
 
 '1. PKIYATI: iss'i TIM TK>.\>. County Superintendents are expected to furnish 
 
 deal and other reports relative to private schools, high schools, colleges ami 
 
 other private institutions of learning within their respective counties, so as to 
 
 enable the Superintendent of Public Instruction to present a view of all the edu- 
 
 "iial facilities of the State. Hopkins, Snjit. 
 
 3. J'.iKKAf (IF STATISTICS. County Superintendents are also required to 
 furnish information to the State Bureau of Statistics. See 4433, notes 4 and 5 
 and K. S. 1881, 5720. 
 
 4. See section 4414. 
 
 . 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 [32. Apportionment Report. The County Superintendent 
 
 shall make out, from the lists <>f enumeration and the reports of trans- 
 Hie apportionment of school revenue to the several 
 township.-, towns and cities of their respective counties, and parts of con- 
 
 i'.nal townships of adjoining counties whose congressional township 
 fund i> mannp-d in their counties, and report the same to the proper 
 
 !v Auditors hy-the first day of June, annually, so as to enable 
 County Audi!' urately apportion the school revenue for tuition. 
 
 1. 1 oi :i)j>ortionment should show, 
 by number and ring", tli. ahip*, or parts of congressional towri- 
 
 which f- i lumber of children enumerated in 
 
 ii'imber of children enumerated in each civil 
 ii.ziMient he should iile with the Auditor ; 
 ..-si tmvnsh: funds are mana 
 
 county are divided i ' tie number of children enumer- 
 
 2. See Section ; 
 
 4433. Compensation. Tl.- y Superintendent shall ro 
 
 four doll. very <lay actually cuijiloycd in the discharirt 1 <>f the 
 
 dutic> rtMjuircd Ity ihi> act Uut l>et'<.iv ih.- County ( 'Mmniii.uii rs 
 shall allow hi> ])-r dii-in, the MUIIC sball l>c ]n-M-ntfd in a hill ofacci.unt 
 stating, iu .-cparatt- items, the nature and amount of .-ervice rendered on 
 each day fur which lie claims compensation; which hill of account shall 
 i-iiied hy ariidavit to the effect that the same and each item thereof 
 
72 SCHOOL LAW OF INDIANA. 
 
 is just and true. The County Auditor shall draw his warrant on the 
 County Treasurer for the amount allowed by the Board in favor of said 
 Superintendent, and the Treasurer shall pay the said warrant out of the 
 ordinary county revenues : Provided, however, That the said Board of 
 Commissioners shall have power to determine the number of days in each 
 year in which the County Superintendent may labor in the performance 
 of the duties required of him in visiting schools : Provided, further, 
 The number of days so allowed in each year for visiting schools shall not 
 be less than the whole number of schools in such county over which 
 such Superintendent has control ; and he shall receive no perquisites 
 whatever. (43) 
 
 1. LIMITATION OF VISITS MILEAGE. Until the Board has established such 
 limitation or number the Superintendent is justified in claiming pay for every day 
 actually used by him in performing such duties; and the Board can not, after he 
 has performed such labor, then limit the number so as to reduce it below the num- 
 ber of days he has labored in the performance of his duties in visiting the schools 
 for the past year. They must establish such number before he has performed the 
 labor, and if they do not and he exceeds the number they afterward establish, he 
 is not bound by such action of the Board except as to work he may do in the 
 future. The statute makes no allowance for mileage. Baldwin, AUy.-Gen.; $4429, 
 note, 2. 
 
 2. COUNTY COMMISSIONERS MUST MAKE REASONABLE ALLOWANCE FOR INCI- 
 DENTAL EXPENSES INCURRED BY COUNTY SUPERINTENDENT IN HIS OFFICIAL DU- 
 TIES. You ask my opinion on the following questions: 
 
 "First. County Superintendents are compelled to incur expenses for printed 
 postal cards, giving notice of county institutes, associations, and other gatherings 
 of the teachers of their respective counties ; circular letters to teachers and school 
 officers, explaining plans and purposes of the work to the end that the schools 
 may be more uniformly conducted, and that the patrons may receive a greater 
 benefit in return for the money expended ; envelopes and other stationery used in 
 the conduct of the business of their offices; blank licenses for teachers, postage 
 stamps and expressage, used in the management of such official business." 
 
 "Second. Since these expenses are incurred 'for the use of the county ' in the 
 administration of his official duties, and in view of the importance of the work 
 to the people, and the mandatory duties imposed upon the County Superintend- 
 ent by section 4429, is it not also a mandatory duty of the County Commissioners 
 to allow such bills?" 
 
 The County Superintendent is by law charged with the general superintend- 
 ence of the schools of his county, and shall labor in every practicable way to 
 elevate the standard of teaching, and to improve the condition of the schools of 
 Mhe county. 
 
 (Section 4429, R S. 1881.) 
 
 The duties here imposed are as comprehensive as the school system itself, and 
 reaches out through every avenue into which the practical science of school teaching 
 may for any purpose extend. Many of the duties of the Superintendent are 
 specified, such as attending township institutes, and conducting exercises therein, 
 visiting the schools once each year, for the purpose of increasing their usefulness,. 
 

 SCHOOL LA\V 
 
 INDIANA. 
 
 encouraging teachers' institutes and associations, and to elevate the standard of 
 teaching, and improve the general condition of the schools of the county, to set- 
 tle all controversies arising under the school Ja\v where hie opinion is sought, and 
 shall, in addition to the duties specified, labor in every practicable way to elevate 
 the standard of teaching and the condition of the public schools of the county. 
 It is but fair to presume that the labors not enumerated in the statute are as im- 
 portant to the schools and as difficult of performance as those specifically men- 
 tioned. It would be impossible to enact a statute covering every duty of the 
 Superintendent neee^ary to the successful management of the public schools, 'and 
 therefore, the law leaves the performance of all duties necessary to elevate the 
 standard of teaching and the improvement of the schools not enumerated in the 
 statute to his sound discretion. All lavs relating to the management of the pub- 
 iools should be given a broad and liberal construction, and applying this 
 rule of construction to section 4421), I conclude that the County Superintendent 
 Hid. in fact, it will become necessary for him to, use the various kinds of 
 stationery mentioned in your communication, and indeed it is difficult to see how 
 he could perform the duties of his office as the statute requires without resorting 
 ii expenditures. The public schools must keep pace with the growth of 
 pulation and the advancement of science, and the labors incident thereto will 
 as the condition of the schools are improved and the standard of teach- 
 becomes elevated ; and to meet this advanced condition the law has wisely in- 
 ted the Superintendent with certain discretionary powers relating to the man- 
 ment of the schools and the encouragement of those under him who are 
 enu r .r_ r ed in educational work. To exclude him from the use of proper stationery, 
 printing, postage and expressage in the prosecution of this work would be to rele- 
 gate the >chool system to the imperfect condition of the past, and, in the name of 
 parsimonious economy, cripple and render inefficient the public schools of the 
 - ate. 1'ublic policy and the cause of education are opposed to such con- 
 struction of the statute, while its plainest reading supports the conclusion here 
 reached. 
 
 The stationery which the statute expressly allows to the School Superintend- 
 ent, and such other not specifically mentioned, as in his discretion is necessary 
 fora judicious administration of the a Hairs of his office, including postage, ex- 
 .rr. printing blanks, envelopes and circulars, should be allowed to him by 
 the Ili-ard of < '<.mmi-.-ii.ii. 
 
 The County Superintendent is a county officer, and such stationery is for the 
 
 I the county, and its payment is fully authorized by section 6028, K. S. 
 
 1881. The rensonabletie-- of -uch : >wever, is a matter for the Board to 
 
 determine. The action of the Hoard of < 'ommissioners in matters of this kind is 
 
 judicial in its character, and an -appeal maybe taken from such order to the 
 
 irt. A. ( r. SMITH. 
 
 '/'. llri:il It. '.,. At! ,/. 
 
 'i. ( ' NT-MI i>. The County 'ommissioners are not required to fur- 
 
 nish the County Superintendent an oflice. Kven if they were required to furnish 
 him an oflice. they would not, in the absence of a contract, be liable to him for 
 the u<e of an office of his own for the purposes of the County Superintendent. 
 I v. .I,/-//. W In.l. : 
 
 It is undoubtedly proper, and not at all in conflict with the above decision of 
 the court, that the Commiarion^n should allow the County Superintendent the use 
 
74 SCHOOL LAW OF INDIANA. 
 
 of a room in the Court House, whenever possible. The newer Court Houses in- 
 variably provide accommodations for the County Superintendent. Holcombe, Supt. 
 
 4. POWER TO PROVIDE THE SUPERINTENDENT WITH AN OFFICE. Technically, 
 County Commissioners could not be compelled to do any discretionary act. As 
 guardians of the public welfare they ought, however, to provide properly for all 
 public necessities. The County Superintendent's office is a public necessity, and 
 ought to be provided for by the Commissioners. That they are clearly and amply 
 authorized to do so will appear from the following : 
 
 The Supreme Court in Board v. Axtell, 96 Ind. 384, said: "The County Com- 
 missioners are not required to furnish the County Superintendent an office." The 
 Commissioners are not required by statute to furnish the Sheriff an office (sec. 
 5748, K. S. 1881) or a residence. Yet every county in the State does furnish the 
 Sheriff an office, and all the counties in the State except three furnish the Sheriff 
 a residence. This is all proper and legal, yet it is not commanded by statute. 
 It is discretionary with them. 
 
 In discussing their discretionary powers in The Board of Commissioners of 
 Franklin County v. Bunting, 111 Ind. 143, the Supreme Court said : "That it (the 
 Board of Commissioners) is invested with very extensive discretionary powers in 
 the management of county affairs can not be doubted. The discretion vested in 
 it is comprehensive enough to authorize it to build a Sheriff's residence in con- 
 nection with a county jail, for such an act is within the scope of its authority. "- 
 Varies, Supt. 
 
 5. AMOUNT OF CLAIM. The Superintendent should file his claim for the 
 full amount of his services at $4 per day up to the end of the quarter. 70 Ind. 
 208; 71 Ind. 185. 
 
 6. EEPORTS TO BUREAU OF STATISTICS. The duty imposed on the County 
 Superintendent of schools, by K. S. 1881, 5720, to make reports to the Bureau of 
 Statistics, is an official duty imposed upon the officer, for which he is not entitled to 
 compensation. Yeager v. Board, 95 Ind. 427. 
 
 7. From the fact that 5720 (R. S. 1881) enumerates a large number of persons 
 or classes of persons from whom reports may be exacted, I am of the opinion that 
 each person or officer mentioned can be required to report only those matters with 
 which his business makes them conversant. Thus the County Superintendent 
 can be required to report the educational statistics of the county, but can not be 
 made a collector of general information. Holcombe, Supt. 
 
 [1875, p. 131. Approved and in force March 9, 1875.] 
 
 4434. Duty as to apportionment. Such Superintendent shall 
 see that the full amount of interest on school fund is paid and appor- 
 tioned, and, when there is a deficit of interest of any school fund, or 
 loss of any school fund or revenue by the county, that proper warrants 
 are issued for the re-imburseraent of the same ; but no per centum be- 
 yond what is provided for herein and allowed shall in any case be paid 
 him by said Board of Commissioners. (6) 
 
SCHOOL LAW OF INDIANA. 
 
 : 
 
 [1873, p. 7">. Ai>i>rove<l and in force M:irch 8, 1873.] 
 
 4435. Dllt.V as to school fund. The official dockets, records, 
 and Itooks of account of the Clerks of the Courts, County Auditor, 
 County Commissioners, .Justices of the Peace, Prosecuting Attorneys, 
 Mayors of citirs. and Township and School Trustee.-, shall l>e open at 
 all times to the inspection of the County Superintendent; and whenever 
 he shall find that any of said officers have neglected or refused to collect 
 and pay over interest, fines, forfeitures, license.-, or other claims, due 
 the school funds and revenues of the State, or have misapplied the school 
 funds and revenues of the State, or have misapplied the school funds or 
 revenues in their possession, he shall be required to institute suit in the 
 name of the State of Indiana for the recovery of the same, for the ben- 
 tit of the school funds or revenues and make report of the same to the 
 Hoard of County Commissioners and to the State Superintendent (7) 
 
 1. INSFITI nxo M ITS. It was held by the Supreme Court, in Moore v. State, 
 .">.-> Ind. W), th:st the section which now appears as 5668 R. S. 1881, repealed so 
 much of. this section as authorized the Superintendent to bring actions, and made 
 the Attorney-i ieiieral the only proper relator; but in the later case of Carr v. State, 
 M Ind. 342, the Court overruled its former decision, saying: "We perceive no 
 reason lor Baying that there is any inconsistency between this act which confers 
 upon the Attorney-General power to collect and to sue, and the previous acts 
 which conferred similar power on other officers. They may well stand altogether, 
 and whichever officer iir-t institutes a suit will have the precedence." In view of 
 the uncertainty surrounding this question, it would probably be held to be a suf- 
 ficient compliance with the law if the Superintendent should examine dockets and 
 make an investigation whenever he has reason to suspect that collections have 
 hem ; or school funds or revenues misapplied, by the officers named 
 above, and should notify the Attorney-General in case there seems to be ground 
 
 lib'', X>/]>f. 
 
 2. Sri N <HI i- TRUSTEE. A County Superintendent may bring 
 an action auain.-t a defaulting Township Trustee; hut his right to hrin^ such an 
 
 not prohibit the successor of such Trustee suing his predecessor. 
 Nirh Ind. "rj. 
 
 . 122. \i>prov.-,i .u,,i i n force March 2, 1877.] 
 
 I 
 
 44.'M. County Hoard of Kdwation. The County Superintendent 
 
 and tin- Trustees of the town-hips, ami the Chairman of the School 
 Trustees of each town and city of the enmity shall constitute a County 
 Hoard of Education. Said Board >liall meet scmi-annually at the office 
 of the County Superintendent on the first days of May and September 
 Mini M days lie Sunday, ami if so on tbe day following, a ma- 
 
 jority of \\honi shall constitute a ijuonim. The County Superintendent 
 
76 SCHOOL LAW OF INDIANA. 
 
 shall preside at the meetings of the Board, shall be allowed to vote on 
 all questions as other members of the same are allowed to vote. Said 
 Board shall consider the general wants and needs of the schools and 
 school property of which they have charge, and all. matters relating to 
 the purchase of school furniture, books, maps, charts, etc. The change 
 of text-books, except cities, and the care and management of township 
 libraries, shall be determined by such Board, and each township . shall 
 conform as nearly as practicable to its action ; but no text-book hereafter 
 adopted by the County Board shall be changed within six years from 
 the date of such adoption, except by unanimous vote of all the mem- 
 bers of such Board : Provided, That any text-book heretofore adopted 
 by the County Board of Education shall not be changed within three 
 years from the date of its adoption. (8) 
 
 1. ADJOURNED, NOT CALLED MEETINGS. The law provides for the assem- 
 bling of the County Board semi-annually on the first days of May and September. 
 The Board having met on the first day of September, they would have a right to 
 adjourn from day to day until the business before them was completed. But if 
 they have adjourned sine die, they would not have a right to meet any more until 
 the first day of May. Woollen, Atty.-Gen. 
 
 I think this opinion of Attorney-General Woollen properly states the law on 
 the subject. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 Ind. 491. 
 Hord, Atty.-Gen. 
 
 2. QUORUM, COURSE OF STUDY, RULES AND REGULATIONS, RECORDS, ETC. In 
 the absence of the County Superintendent the Board may appoint one of its mem- 
 bers president pro tern. No action can be taken by the Board unless a majority of 
 all the members are present. If such majority be present at any meeting the Board 
 may take legal action upon suitable questions by a majority vote of those present ; 
 but some questions require a majority vote, and others a unanimous vote, of all 
 the members of the Board. 
 
 The Board may adopt a course of study for the district schools, and rules and 
 regulations for the government thereof, but it should not attempt to make rules 
 for the schools of towns and cities. 
 
 It is very important that school officers and county boards should make a careful 
 record or their proceedings. If a board takes any legal action, and fails to re- 
 cord it, or makes an incorrect record, the record can be amended by order of the 
 board at a subsequent meeting. A legal act is not necessarily void by reason of a 
 failure to make a record of it; but if a question should arise as to the action of a 
 board, evidence may be taken at a subsequent meeting outside the records, and a 
 new record may be made in accordance with the fact as ascertained. Smart, Supt. 
 
 The County Board and Trustees have the right to make such rules and regula- 
 tions, according to law, as will tend to promote the general good of the public 
 schools, and it is the duty of teachers to carry out such rules in good faith. Bloss, 
 Supt. 
 
 3. CAN NOT MAKE CONTRACTS. The County Board of Education has no power 
 to make contracts. It is merely a gtwm-corporation with but limited powers, and 
 is nowhere authorized to contract, or sue or be sued. As a Board it has no control 
 

 -I'H. MIL LAW <>F INDIANA. 
 
 77 
 
 revenues, nor power to order any expenditure. But all or any number of tin- 
 Trustees may join together in purchasing or contracting for supplies, and such 
 ion may often he advisable. It is not, however, the action of the Board. 
 
 
 
 4. ADOPTION OF HIGH SCHOOL BOOKS. So far as the above section relates to 
 selection and adoption of text-books in the eight common school branches 
 -l-l-J.'.p it was repealed by the text-hook laws of ISS'.i, '<! and '!:*; but text- 
 books for high school subjects, in the township graded schools, may be adopted by 
 unty Board of Education, and their use enforced by all reasonable rules. 
 *'ii]>t. 
 
 BOOKS ISKD AND HOW OBTAINED. The Legislature has the authority to 
 '.': the course of study and tiie system of instruction that shall be pursued 
 and adopted, as well as the books which shall be used. 122 Ind. 462. See sec. 
 4421 b, it 
 
 '. The Legislature has the power to require a designated series of books to 
 be usud in the schools, and to require that the books selected shall be obtained by 
 the school otlicers from the person to whom the contractor supplying them may 
 be awarded. It may not only prescribe regulations for using the books desig- 
 nated, but it may also declare how the books shall be obtained and distributed. 
 IL'U Ind. 4H-J. See also 4421 b, ct scq. 
 
 7. ILLEGAL RULINGS OF COUNTY BOARD AS TO LICENSES. The rule of the 
 County Board declaring that " no person under the age of twenty shall be licensed 
 to teach in this county " is unauthorized by the Statutes, palpably unreasonable 
 and unwarranted in law. Varies, Supt. 
 
 . ILLKCJAL UULIN<;S OF COUNTY BOARD AS TO HOLIDAYS. The rule of the 
 County Board declaring that "no pay shall be allowe'd teachers for holidays that 
 fall on legal school days" is illegal and void. Varies, Supt. See section 4501 and 
 notes. 
 
 9. LIBEL. A newspaper publication, charging that a County Superintendent 
 of schools, for a consideration in money, had, by the use of his influence, induced 
 the County Board of Education to order a change in school books, is a libel in the 
 sense of the statute (section W> R. S. 1881). 96 Ind. 461. 
 
 10. L> ..,-; UTKK MAY PRESCRIBE DUTIES OF OFFICERS. The power over 
 the school system is legislative and exclusive, and the Legislature has authority 
 to impose upon all ollicers whose tenure is legislative, such duties respecting 
 school ailair-. :>.s it deems proper. All such officers take their offices cum onere, 
 and must do what the Legislature demands, or else resign. Vl'l Ind. 462. 
 
 11. The County Board may adopt a course of study and compel every pupil 
 to take the entire course in the order prescribed on penalty of expulsion. 
 
 Our State Constitution, article S, section 1 s '-', directs the < leneral Assembly 
 law, for a general and uniform system for common schools, 
 wherein tuition shall be without charge, and equally open to all." As a result of 
 this, the t iener.-il A-M-mbly enacted sections 4-l<s, 4 I'J'.i, A [:'>('>, 411 1 and 4505, which 
 provide for tin- proper administration of this "system of common schools." Now, 
 is to iiu- that to hold that the < lem-ral Assembly charged the ollicers provided 
 for in the above, cited sections with the administration of the school system, with- 
 out at the same time investing them with the necessary executive power to enforce 
 their administration would be absurd. Such interpretation of these statutes would 
 be the worst kind < f trave-ty. It Mould be to render the whole common school 
 machinery not onlv useless, but redidilon-. 
 
78 SCHOOL LAW OF INDIANA. 
 
 The officers in the before mentioned sections have the undoubted legal au- 
 thority to adopt a course. of study and to make all reasonable rules and regula- 
 tions for the proper carrying out of the same. The teachers, of course, would 
 have to carry out such rules as are directed by the Trustee or School Board. 
 But to what extent the officers would be warranted in going to carry out their 
 reasonable rules is the question. Our Supreme Court in Andrew v. Webber, 108 
 Ind. 31, said : 
 
 "A rule, prescribed by the superintendent of the free graded schools of a city, 
 with the sanction of the Trustees, that the pupils in the high school department 
 shall, at stated intervals, employ a certam period of time in the study and prac- 
 tice of music, for which purpose they shall provide themselves with a prescribed 
 book, is an exercise of discretionary power conferred by law, and unless the regu- 
 lation is shown to be unreasonable, or a satisfactory excuse for failing to comply 
 therewith is given, mandamus will not lie to compel the school authorities to re- 
 admit a pupil who has been suspended for disobedience thereof." 
 
 In further support of this principle I cite the cases adjudicated in Supreme 
 Courts of other States, in-which the law is similar to ours, with an extract from the 
 opinion, showing the almost unanimity of the opinions: 
 
 Donahue v. Richards, 38 Me. 379. From opinion : 
 
 1. "If she may decline to obey one requirement, rightfully made, then she 
 may another, and the discipline of the school is at an end. Nor is this all." 
 
 2. " While the laws are made and established by those of full age, the right 
 of obstruction, of interdiction, is given to any and all children, of however so 
 immature an age or judgment." 
 
 Gurnsey v. Pitkin, 32 yt. 226. From opinion : 
 
 'But in regard to these branches which are required to be taught in the 
 public schools, the prudential committee and the teacher must, of necessity, have 
 some discretion as to the order of teaching them, the pupils who shall be allowed 
 to pursue them, and the mode in which they shall be taught. If this were not 
 BO it would be impossible to classify the pupils, or for one teacher to attend to 
 more than ten or twelve pupils." 
 
 State v. Mizner, 50 Iowa, 152. From opinion : 
 
 " The remedy in such case is lot corporal punishment, but expulsion." 
 
 Kidder v. Chellis, 59 N. H. 473. From opinion : 
 
 " The power of each parent to decide the question what studies the scholars 
 should pursue, or what exercises they should perform, would be a power of dis- 
 organizing the school, and practically rendering it substantially useless. How- 
 ever judicious it may be to consult the wishes of the parents, the disintegrating 
 principle of parental authority to prevent all classification and (to) destroy all 
 system in any school, public or private, is unknown to the law." 
 
 Sewal v. Board of Education, 29 O. 89. From opinion : 
 
 "The rule in question (which was to enforce the study of rhetoric), for tin- 
 enforcement of which, in the manner stated (the manner was suspension) dam- 
 ages are claimed by the plaintiff in this section, was, in our opinion, reasonable." 
 
 McCormick v. Burt, 95 111. 263. From opinion : 
 
 " The rule (which rule expelled pupils who refused to lay aside their books 
 during the reading of the Bible) is certainly a reasonable one." 
 
 There is only one case, not reversed, now standing in the Supreme Court Re- 
 ports of the several States which seems to hold a different view, and there is much 
 difference of opinion as to what this case (35 Wis. 59) decides. 
 
IOL LAW <>F INDIANA. 
 
 There illicit IK- some ea>e- in which it would IT n asonable and just to ex- 
 "Uj.il from taking the full coiir-e, or in the order {.re-scribed, but they are 
 ;eej>tions, I think. 
 
 It geema to me it would be best to educate the people to see that it is advant- 
 >ons to their children to take all the -Indies, and in the order prescribed, rather 
 than to iv.-ort to the law to compel people to do that which is obviously to their 
 own intnv>t. A parent stands in his own light when he objects to having his 
 cli i hi carried through the course of ,-tndy in the sequential order of the studies. 
 1 iV.--, Siij>(. 
 
 1L'. -1144. 4601, 06, mid note-. 
 
 . P. 131. Approved March 3, 1859, and in force August 6, 1859.] 
 
 4437. School township. Each and every township that now is, or 
 may hereafter U-, oriraiii/e<l in any county in this State, is hereby also 
 declared to In- a school township, and, as such, to be a body politic and 
 corporate, by the name and style of " - school township of 
 
 mty." according to the name of the township and of the county in 
 which the same may be organized ; and, by such name, may contract and 
 may IK- contracted with, sue and be sued, in any court having competent 
 jurisdiction. (1) 
 
 1. SUCCESSION TO DISTRICTS. All school houses heretofore built by districts 
 become the property of the townships in which the districts are situated, all debts 
 of districts become the debts of the town-hips, and -ill school houses must here- 
 after be built at the common expense and become the common property of the 
 
 town-hips. -L<irrnl>r } $npt. 
 
 J. ( cuPORATiONS I>I.-TIN< T. There are two corporations in Greene County 
 rminoiis in territory], with almost the same name. * * The first is de- 
 nominated a civil town.-hip, the second a school township. * * It must be 
 contemplated that the funds, etc., of these two corporations shall be kept separate. 
 9 an officer oi the school township, and not as an officer of the civil town- 
 ship, that the Tru-tee has authority and power to levy a tax for the erection of 
 school houses, and to expend the same for that purpose. We think it must follow 
 that ii tee of the school town-hip, and not as Trustee of the civil town- 
 
 ship, that the Trustee must contract for the building of school houses. "We do 
 not think t: 'he civil town-hip can legally contract for the building 
 
 of a school hou-c and make the civil township liable therefor. Carmiehael r. 
 !; I'tica Township r. Miller, (\'2 i<l. '-'>() ; Harrison School 
 
 Town-hip D, M ' lud. 186; .Johnson r. Smith, Cl Ind. L'7">; Inglis r. 
 
 '.I Ind. I'll!: Wright 0. Stockman. ",'. Ind. <;'. ; AVingate r. Harrison School 
 '. A civil township has no power to make a contract for the 
 .-iii.ol property. .Ia<-k>on Township r. Parties, ^~> Ind. l.'JC. ; .Iack.-on 
 -iiip r. Home In-uranee Company. '^ Ind. ls-J; McLaii^hlin r. Shelby Town- 
 ship, "._; I nd. 1 11 ; Mellwaine .. : Bomb; '. Ind. 10'J. 
 Where an action is brought against a towiisliij,. and the township name, merely, is 
 fc-ivi-n, it i- :ie.d that the action is against the civil township. 
 To make a complain; r-poration it nm-t, bv a].[)ropri- 
 ate tin- M-IIO..I township, or i 'efend- 
 
 ini. -Ja: ; Ind. 1>1 : I'.r. . nth, llM Ind. ' 
 
80 SCHOOL LAW OF INDIANA. 
 
 3. INTENTIONS CONSIDERED. But a note, showing on its face that it was 
 given in payment for articles furnished for the use of schools, though executed 
 by a Trustee apparently in the name of the civil township, binds the school 
 township. Moral School Township v. Harrison, 74 Ind. 93; Johnson School 
 Township v. Bank, 81 Ind. 575; Jackson School Township v. Hadley, 59 Ind. 
 534; White v. Kellogg, 119 Ind. 320. 
 
 4. WILL,. A devise by will, for the support of the public schools, can be 
 made to a township; and a devise to a township, without saying whether to the 
 school or the civil township is a devise to the school township. Skinner \. Harri- 
 son Tp., 116 Ind. 139. 
 
 5. SUIT ON OFFICIAL BOND. A Township Trustee may be the relator in a 
 suit upon the official bond of his predecessor, to recover moneys due the civil 
 township, and also moneys due the school township ; and under a proper com- 
 plaint there may be a recovery for funds of either or both of the corporations; 
 but on a complaint in which he sues only as trustee of the civil township, he can 
 not recover money due to the school township. Steinmetz v. State, 47 Ind. 465. 
 
 6. ClVIL TOWNSHIP CAN NOT BUILD A SCHOOL HOUSE. A civil township 
 
 has no authority to make a contract for the erection of a school house; and if it 
 sue on a contract for the erection of .a school house, the complaint, though it may 
 state a good cause of action in favor of the school township, will be bad on de- 
 murrer. 52 Ind. 114; 62 Ind. 230. 
 
 7. PLEADINGS MUST DESIGNATE THE CORPORATION CIVIL OR SCHOOL. 
 Where an action is brought against a township, and the township name, merely, 
 is given, it is conclusively presumed that the action is against the civil township. 
 To make a complaint effective against the school corporation it must, by appro- 
 priate averments, designate the school township, or its representation. It should 
 be against the " school township trustee." Jarvis v. Robertson, 126 Ind. 281. 
 
 8. SUIT AGAINST SCHOOL TRUSTEES OF TOWN OR CITY. An action to re- 
 cover from a city or town school board, should be brought, not against such trus- 
 tees, but against the school corporation, by the name and style of " The school 
 
 city of " filling the blank with the name* of the city. School Trustees v. 
 
 McClure, 52 Ind. 267. 
 
 9. SUIT AGAINST TOWNSHIP AND NOT AGAINST TRUSTEE PERSONALLY. A 
 
 summons reading, "You are hereby commanded to summons trustee Cicero school 
 township, etc.," sufficiently indicates that the action is against the township, and 
 not against the trustee personally and the township is bound to take notice of the 
 pendency of the action. Vogel v. Brown Tp., 112 Ind. 299; distinguished, 127 
 Ind. 79. 
 
 10. SUIT FOR SCHOOL TAXES. An action against a civil township for school 
 taxes is bad on demurrer. 59 Ind. 65. 
 
 11. NO AUTHORITY TO BORROW MONEY LIABILITY FOR BORROWED MONEY. 
 
 There are restrictive provisions [in the school law] which, fairly construed, must 
 be held to deny the authority to negotiate loans, 75 Ind. 361. But if a trustee 
 borrows money to build a needed and suitable school house, the school township 
 receiving the benefit will be liable therefor, 73 Ind. 501. But in such case it must 
 be averred and proved that the school township received the benefit of the money. 
 98 Ind. 497; 102 Ind. 464; 75 Ind. 361, 368; 83 Ind. 121. And that there was no 
 fraud practiced in the execution of the note, 124 Ind. 193. See also 116 Ind. 
 130; 112 Ind. 323. 
 
SCHOOL LAW OF INDIANA. 81 
 
 TJ. CONTRACTS or TRUSTEE NOT in-:. In dealing with the trustee of a 
 sdn.nl township, all persons are bound to take notice of his official and fiduciary 
 character, and to know that he can only hind his town-hip by contracts which are 
 shown to he authori/ed by law. 107 Ind. 43; 102 Ind. 4C}. 
 
 1.".. SCHOOL SUPPLIES NECESSARY AVERMENTS. A complaint against a 
 school township on a contract for school supplies, to be good must allege that such 
 siippT f and suitable for t!ic use of the public schools of the town- 
 
 ship, and that they have been delivered to and accepted by such township, 107 
 Ind. A:\; and that tlu-rj wa* no collusion to defraud. 124 Ind. 193. 
 
 14. BANK DEPOSIT PROMISSORY NOTE. When a trustee of a school corpo- 
 ration promissory notes in the name of the corporation, deposits the 
 money in his own name, and draws it out upon checks signed by himself as an 
 individual, he becomes the creditor of the bank for such deposits, and the trans- 
 action is one between the bank and its depositor. 102 Ind. 464. 
 
 lo. N, LIABILITY WlIExTursTKI-: HAS SCHooL ITNI'S IN HIS HANDS NOTE 
 
 VOID. When the- trustee has money in his hands derived from the school revenues 
 or funds, the lender of money can not be subrogated to the rights of the persons 
 holding claims against the school corporation. 102 Ind. I')}. 
 
 If.. FRArnrLENT is-rE OF CERTIFICATES OR ORDERS. If by a conspiracy 
 certificates or orders are issued they are void, and even though the township has 
 not rescinded the contract, and retains the benefit thereof, it is not bound upon 
 such fraudulent certificate or order, and the assignee is not entitled to recover the 
 actual value of goods furnished the township. 124 Ind. 193. 
 
 17. <>KD|.;I:S WITHOUT < '< NM I 'KRATION VOID ESTOPPEL. If a trustee isSUCS 
 
 orders or certificates in the name of his township without consideration, such 
 order or certificate is invalid and void, and in such case no act, conduct or promise 
 of the trustee or his - in oilier will estop the township from pleading the 
 
 want of consideration as sufficient defense to any suit against the township upon 
 order or certificate. '.") Ind. 101. 
 
 LIMITATION TIME OF FILING COMPLAINT. An amend- 
 ment to a complaint has reference to the time at which the complaint was filed. 
 \Vh.-rv a town W.K -.m-d a- a <rhool corporation, but not specifically described aa 
 such, the time of filing an amended complaint if the statute of limitations in- 
 - relate^ back to the time of filing the original complaint. 104 Ind. 168. 
 1!. .JrniriAL KNOWLEDGE. The Supreme Court will take judicial knowl- 
 iat the township tru-tec is the trustee of the school township. 106 Ind.- 233. 
 Hut it will not take judicial knowledge of the names of the townships of a county. 
 
 ft * sections 4 ! uid 4438c and notes. 
 
 4438. Towns and cities. Each civil township ami cadi incorpo- 
 ratril town <>r city in tin- several counties ol' tin- State is hereby declared 
 a di-tinct municipal corporation for school purposes, l>y the name and 
 style of the civil township, town, or city corporation respectively, and 
 by such name may contract and lie contracted with, sue and be sued, 
 in any Court ha vim: competent jurisdiction ; and the Trustee of such 
 township, and the Trustees provided for in the next section of this act, 
 
 - ihxn. LAW. 
 
82 SCHOOL LAW OF INDIANA. 
 
 shall, for their township, town, or city, be School Trustees, and perform 
 the duties of Clerk and Treasurer for school purposes. (4) 
 
 1. CORPORATE NAMES. It has been held, in very many cases, that the name 
 of the school corporation is "the School Town (or City) of ," or " School Town- 
 ship of county," and that, in this name, it must sue and be sued ; that instead 
 
 of a distinct function bestowed on the civil or municipal corporation, an independ- 
 ent and distinct corporation, for school purposes only, is created by this section;, 
 and that section 4437 is still in force. Carmichael v. Lawrence, 47 Ind. 554; Hun- 
 tington v. l)ay, 55 id. 7 ; Jarvis v. Sholby, 62 id. 257 ; Harrison v. McGregor, 67 id. 
 380. 
 
 2. CORPORATIONS INDEPENDENT. Each civil township, and each incorporated 
 town and city is a distinct school corporation, entitled to receive and expend its 
 proper school moneys independent of any control by any other such corporation. 
 Johnson v. Smith, 64 Ind. 275. 
 
 3. DESIGNATIONS IN SUITS. The character in which an incorporated town 
 may sue or be sued as a school corporation, may be designated either in the title 
 of the action, an a school corporation, or in the complaint by an allegation of that 
 fact. Noblesville v. McFarland, 57 Ind. 335. But see Steinmetz v. State, 47 Ind. 
 465; Kobinson v. State, 60 id. 26; Inglis v. State, 61 id. 212. 
 
 4. PROPERTY AND REVENUES. When a village becomes incorporated, thu 
 school town thus created becomes, as Trustee by statute, the successor of the town- 
 ship in the right to the possession and control of school property within its terri , 
 tory. Leesburg v. Plain Township, 86 Ind. 582. And as soon as school Trustees 
 are appointed and qualified, they have a right to demand and receive of the Town., 
 ship Trustee whatever sums of money he has received by reason or on account ol 
 the school children residing within or transferred to the town, and he can not law- 
 fully withhold it on any ground. He received and held it in trust for those 
 children. Johnson v. Smith, 64 Ind. 275. 
 
 5. The election of Township Trustees is provided for by 4735 and 5991 K. S. 
 
 6. CORPORATIONS DISTINCT. A civil township and the school township of the 
 same territory are distinct corporations, and each must sue and be sued in its own 
 proper corporate name, and neither can sue in the name of the other, or in that of 
 the Township Trustee. So also a civil town and the school town are distinct cor- 
 porations, which must sue and be sued in its own corporate name. Wright v. 
 Stockton, 59 Ind. 65. 
 
 7. POWER OF SCHOOL CITY. A city organized under the general law for the 
 incorporation of cities has no power to buy or give its promissory notes for a county 
 seminary, though for school purposes in the city. That power belongs to the 
 school corporation of the city. State v. City of Terre Haute, 87 Ind. 212. 
 
 8. DIVISION OF REVENUES. Where money has been apportioned to a school 
 township and received by the Trustee thereof, some of which belongs to a school 
 town afterward organized, and he refuses to pay it over, he may be compelled 
 by mandate to do so, and the School Trustees of the town are the proper re- 
 lators in such a suit. Hon v. State, 89 Ind. 249. 
 
 9. PROPERTY OF SCHOOL CORPORATION. Real estate and buildings held by a 
 school corporation for school purposes are subject to appropriation for highways 
 as is private property. Rominger v. Simmons, 88 Ind. 453. 
 
SCHOOL L.\\V oF INIUANA. 83 
 
 rciAi. NOI ':< !:. The - ourt> will not take judicial notice of a town- 
 nor its name. 1' ard of Commissioners, H4 Ind. 405; 
 
 ! Ind. 516. 
 
 11. \t T: >\. In dealing with a Trustee of a school township, all persons 
 arc li.-und t> take notice of his ollicial character, and to know that he can only 
 hind his township by con'i :i are shown to be ruitliori/c-l by law. There- 
 
 p, on a contract for school supplies, to be 
 h supplies an ' and suitable for the use of the 
 
 ols of the township, and that they had bct/n delivered to and accepted 
 !i township. Bloomington School Township v. National School Furnishing 
 my, 107 Ind. 4. ; Platter r. Board, etc., 103 Ind. 360; Summers r. Board, 
 Reeve School Township r. Dodson, 98 Ind. 407 ; Axt r. Jack- 
 son SchoolTownship, 90 Ind. 101; Pine Civil Township v. Huber, etc., 83 Ind. 
 121. 
 
 1:2. SUMMONS. A ummons in an action against a township must be issued 
 against the township; and if i ->ued against the Trustee of such township, a judg- 
 :iinst the township is void. Vogel r. Brown School Township, 112 
 Ind. :I17 ; Vogel v. Brown Township, 112 Ind. 
 
 [1X7" \pprov*;il Man-h 11, 1*7'., ami in force August 24, 1875.1 
 
 4438 a. Power to incur debt. Whenever it becomes necessary 
 for the Trustee of any township in this State to incur, on behalf of his 
 town-hip, any debt or debts whose aggregate amount shall be in excess 
 of the fund on band to which such debt or debts are chargeable, and of 
 the fund to be derived from the ~-ed uirainst his township for the 
 
 in which such debt i- to be incurred, such Trustee shall first pro- 
 cure an >r<lcr from tbe Board of County Commissioners in which such 
 town>hip i- .-minted autbori/inir him to contract such indebtedness, 1. 
 16.) 
 
 4438 b. Petition to incur debt. Before the Board of Com- 
 
 inersBhal] <ieb order the Township Trustee shall file, in the 
 
 Audi; bis county, a petition setting forth therein tbe object 
 
 " to be incurred, and tbe approximate 
 
 ;it required, and shall make affidavit that lie has caused notice to 
 -en of ti. !i petition bv posting notices in not less 
 
 tlmn five public places in hi- ^.\vn-liij % at least twenty days prior to the 
 
 ;:id Board. [II. 8. 1881, 6007.] 
 
 443S o. Nolicr of davs of business. 3. Such Township Trustee 
 
 shall in each \vvk or month, as may bo required, 
 
 in which be will attend to the business of hie township, and OBOf 
 thereof to be -ivcn to tin- inhabitant.- of such township; and all con- 
 . and auditing, and payment of claims shall be made only on such 
 
 IS -] 
 
 y 
 H 
 
 uc^. 
 
84 
 
 SCHOOL LAW OF INDIANA. 
 
 1. A contract or payment made upon a day not designated in the notice is as 
 valid as if made upon one of the days so designated. The only effect the above 
 section can have is to limit the pay of the Trustee by requiring him to have a few 
 designated days upon which he will transact township business and charge therefor, 
 and not permitting him to charge a day for his services whenever he may chance 
 on such a day to sign a contract or pay a debt of the township. 
 
 2. The above first two sections have no application to the ordinary debts of a 
 school corporation contracted before the passage of the statute, incurred by the 
 Trustee for the usual and necessary furniture, apparatus and other supplies of its 
 common schools Miller v. White River School Township, 101 Ind. 503; but it 
 does have application to all debts contracted since its passage. It applies both to 
 the civil and school township. The Trustee can not build a school house, if its 
 cost will make the aggregate debts chargeable to the special school fund exceed 
 the amount of that fund on hand and to be derived from the tax assessed against 
 the township for the year in which the debt is to be incurred, and he may be en- 
 joined from BO doing by a tax-payer of the township, unless he first obtain an order 
 of the Board of County Commissioners authorizing the contracting of such a debt, 
 Middleton v. Greeson, 106 Ind. 18 ; Boyd v. Black School Township, 123 Ind. 1 ; 
 Roseboorn v. Jefferson School Township, 122 Ind. 377 ; Jefferson School Township 
 v. Litton, 116 Ind. 467 ; Grimsley v. State, 116 Ind. 130. 
 
 3. TOWNSHIP BENEFITED. But if the Trustee disregard the above sections, 
 and the property he purchased is received by the township, is retained by and is 
 beneficial to it, the township will be liable for its value, whatever that may be, not 
 to exceed its purchase price. Boyd v. Slack School Township, 123 Ind. 1. 
 
 4. "FUND ON HAND." By the phrase "the fund on hand," is meant the 
 money actually in the hands of the Trustee ; and by the provision " the fund to be 
 derived from the tax assessed against his township for the year in which such debt 
 is to be incurred, " is meant the amount to be derived from the tax assessed in the 
 first calendar year and collectible during the year in which the debt is to be in- 
 curred. Jefferson School Township v. Litton, 116 Ind. 467. 
 
 5. LEGALIZING ACT OF 1883. By an act of 1883 (Acts 1883, p. 114) an in- 
 debtedness incurred prior to the date, and in violation of the above sections, was 
 legalized ; and the legalizing act is valid. Jefferson School Township v. Litton, 116 
 Ind. 467. 
 
 6. TRUSTEE'S LIABILITY UNDER ACT OF 1883. The act of 1883 (Acts 1883, p. 
 114) makes a Township Trustee who contracts any debt in the name or on the be- 
 half of either his civil or school township contrary to the provisions of the above 
 two sections personally liable therefor, as well as liable on his official bond ; but to 
 render him thus liable the debt must have been contracted in the -name or or. the 
 behalf of the township, and in violation of these sections; and if the contract is 
 made pursuant to these sections, he is not liable. State v. Hawes, 112 Ind. 323. 
 
 [1875, p. 13"). Approved and in force March 12, 1875.] 
 
 4439. School Trustees in cities and towns. The Common 
 Council of each city and the Board of Trustees of each incorporated 
 town of this State shall, at their first regular meeting in the month of 
 June, elect three School Trustees who shall hold their office, one, two 
 and three years respectively, as said Trustees shall determine by lot at 
 
.-C! I. LAW 01' INDIANA. 
 
 85 
 
 ie of their orpini/ation, and, jinnually thereafter, shall elect one 
 hool Trustee, who shall hold his office lor three years. Said Trustees 
 shall constitute the School Board of the city or town; and, before en- 
 tering upon the duties of their office, shall take an oath faithfully to 
 discharge the duties of the same. They shall meet within five days after 
 their election, and organize by electing one of their number as president, 
 one as secretary, and one as treasurer. The treasurer, before entering 
 upon the duties of his office, shall execute a bond, to the acceptance of 
 the County Auditor, conditioned as in ordinary official bonds, with at 
 leu.-t two sufficient freehold sureties, who shall not be members of said 
 Board, in a sum not less than double the amount of money which may 
 come into his hands, within any one year, by virtue of his office. The 
 president and secretary shall each give bond, with like sureties, to be 
 approved by the County Auditor, in any sum not less than one-third of 
 the treasurer's bond. All vacancies that may occur in said Board of 
 School Trustees shall be filled by the Common Council of the city or 
 Boa i-d of Trustees of the town ; but such election to fill a vacancy shall 
 only be for the unexpired term. The Board of School Trustees shall, 
 each year, within five days after the annual election of a member, re- 
 organize their Board and execute their respective bonds for the ensuing 
 year. Said Trustees shall receive for their services such compensation 
 as the Common Council of the city or the Board of Trustees of the town 
 may deem just ; which compensation shall be paid from the special school 
 iiue of the city or town. (5) 
 
 1. A town trustee of an incorporated town may be elected to the office of 
 school trustee. State v. Meyer, 60 Ind. 288. 
 
 2. As to the time of election, this section is merely directory; and if omitted 
 at the time, it may be made afterward. Sackett v. Foreman, 74 Ind. 486. 
 
 ,NATINS. A r.-i-nation of a town or city school trustee should be 
 addressed to the body that elects, ami is complete without formal acceptance; yet 
 it> withdrawal even after acceptance hut with the consent of the electing body is 
 equivalent to a ivappointment. In case of such resignation an election to till the 
 vacancy may In- held before the day set f..r the resignation to take effect. Leach 
 Ind. 570. 
 
 4. RI>II>I:NCK CoMrKN-ATioN. If a town or city officer moves out of his 
 corporation h- vacate> hi- oflice. A married man can not, so long as he maintains 
 the family intimacy, k < -\\ his family in one place and maintain his residence in 
 another. T.ut if a man is an actual resident of a town at the time of the election, 
 there is nothing prohibiting his election ami acceptance of the office of school 
 B, although be is not at the time an actual voter. 
 
 After a school tru rformed labor under an ordinance fixing his sal- 
 
 ary, his rinlit to compensation can not he cut oil' by a repeal of the salary, but be 
 can recover f. .r services rendered at the rate ti \e<l ; yet daring the employment the 
 compensation may be modified as to the future, unless a contract has been made 
 with the trustee. ]}<diln-in, Atf 
 
$6 SCHOOL LAW OF INDIANA. 
 
 5. POWER AS TO VACCINATION. School Trustees have the power, as a meas- 
 ure of public safety and to guard against a contagious disease, to order school chil- 
 dren to be vaccinated, but they should exercise it with discretion. In some locali- 
 ties there is no earthly danger of small-pox ; in others as a crowded city when 
 the disease has made its appearance immediate measures should be taken. Bald- 
 win, Atty-Oen. 
 
 6. SCHOOL BOARD INDEPENDENT. The Board of Town Trustees can not re- 
 move a school trustee from office. There is no law for it. The Town Trustees have 
 no control over the action of the School Board, which has complete control over all 
 the school concerns of the town except levying school taxes. County Commission- 
 ers have no power to allow a Town Treasurer compensation out of the school reve- 
 nue of the town. Baldwin, Atty-Gen. 
 
 But the School Trustees can not purchase ground or enter into contracts for 
 building except with the approval of the Common Council or Town Trustees 4491. 
 
 7. OFFICE LUCRATIVE. As the statute provides for the compensation of Town 
 School Trustees, their office is a lucrative one within the meaning of the Constitu- 
 tion, and a person can not hold it at the same time with another lucrative office. 
 Sord, Atty-Gen. Chambers v. State, 26 N. E. Kep., 893; S. C. 127 Ind. 365. 
 
 8. CASTING VOTE EESOLUTION. The Common Council of a city may elect a 
 School Trustee by resolution, and in case of a tie vote on such resolution the 
 Mayor may decide by giving the casting vote. Woollen, Atty-Gen. 
 
 9. SUIT AGAINST TOWNS. A complaint against a school town alleging the 
 employment of plaintifT by the defendant to teach school and breach of the con- 
 tract, is sufficient without alleging employment by the Trustees of the town or that 
 the town was incorporated, or that there was a Board of Trustees. In such a case 
 a paragraph of a complaint founded on an account is good. Town of Rochester v. 
 Shaw, 100 Ind. 268. 
 
 10. OFFICER DE FACTO. Pending suit to determine who is School Trustee, 
 the courts will compel the County Auditor to recognize the Trustee in possession. 
 Leach v. Cassiday, 23 Ind. 449. Hold-over Trustees can bind the school corpora- 
 tion. School Town of Milford v. Zeigler, 27 N. E. Kep. 303. See notes 23 and 43. 
 
 11. AMENDMENT OF 1875. This section was amended in 1875, and it super- 
 seded and took the place of the amendment of 1873 (Acts 1873, p. 68). Blakemore 
 v. Dolan, 50 Ind. 194. 
 
 12. ABOLISHING OFFICE. The Legislature may abolish the office of School 
 Trustee, or shorten or lengthen the term thereof. Blakemore v. Dolan, 50 Ind. 194. 
 
 13. OLD BOARD'S CONTRACT. A contract made by the Board of School Trust- 
 ees of an incorporated town or city with a school superintendent or a teacher, 
 prior to the annual election in June, of a new member of the Board, and the re- 
 organization required by statute, for services to be performed after the election of 
 such member, is valid and binding on the school corporation. Reubelt v. School 
 Town of Noblesville, 106 Ind. 478. See note 45. 
 
 14. MANDAMUS. Mandamus lies to compel a school officer to deliver the 
 records, books and papers of the office to his successor. Frisbie v. Clarksville, 78 
 Ind. 269; and to compel the Trustees of a town or city to elect School Trustees. 
 Michener, Atty.-Gen. 
 
 15. FAILURE TO GIVE BOND. The office of School Trustee is not vacated by 
 the failure to give bond as president, secretary or treasurer of the Board. Miche- 
 ner, Atty.-Gen. 
 
LAW 
 
 !M'l 
 
 8T 
 
 li. EXTENDING TKKM. Tin- pro vi-iou of the Con>tiuiti<.n - K. S. ISsl. 
 extending tin- regular terms of o(liccr> until their successors '-hall have been 
 elected and qualified,'' applies to School Trustees; and >m-h Trustees continue in 
 otfire until their >ucccors have not only been elected hut have taken their oath of 
 oflice and have filed their official bonds. Mi<-h> n< i\ A>t'/.-(.ien. School Town of 
 Millord o. IWner, 12J Ind. 528. 
 
 17. ALLOWANCE BY BOARD. The Board must pass upon all claims, and the 
 Treasurer must obey the voice of the majority, and he can not pay out funds with- 
 out the claim- tir>t hi-ing "allowed" by the Board. --La l-'t>ll>'tt>, Xu/>t. 
 
 H. B(>AKI> AXTPB A> A rxrr. The Board must act as a body, not as individ- 
 uals, the majority ruling; and their action should be recorded. LaFollette, Supt. 
 
 But where -me of the School Trustees of a town signed a contract of employ- 
 ment with a teacher in one of the schools of the town, and at a called meeting the 
 contract \va< adopted by the Board and signed by another member, it became bind- 
 ing upon the town. School Town of Milford v. Powner, 126 Ind. 528. See notes 
 4C, and 48. 
 
 19. VALIDITY OF RULES AND REGULATIONS. Regulations adopted by persons 
 in char^- of a school are analagous to by-laws enacted by municipal and other 
 corporation-, and both will be annulled by the courts when found to be unauthor- 
 ized. a<jain-t common right, or palpably unreasonable. 82 Ind. 278. 
 
 2>. CITY CTN< i L MAX. The office of City Councilman is not a lucrative 
 office within the meaning of the Constitution. State v. Kirk, 44 Ind. 401. 
 
 21. -h-TKEOF THE PEACE CAN NOT SERVE AS TRUSTEE. A Justice of the 
 
 Peace can not serve as School Trustee. See Sec. 176 State Constitution. Varies, 
 Svpi, 
 
 A KM OF A MAJORITY ESSENTIAL. The assent of a majority of the 
 Board at a U-.iral meeting is essential to the validity of an order. Herrington v. 
 S-h..nl I)i>trirt, 47 Iowa 11 ; McCartle p. Bates, 29 Ohio St. 419 ; City of Logans- 
 Dakeman. 1KJ Ind. ]:> 12-~> Ind. ">57. See notes 38 and 48. 
 
 >TR\TS WITH DE FACTO OFFICERS. Contracts with officers de facto 
 are not bindlni: when- parties contracting are warned and have notice. Genessee, 
 Ind., School District r. McDonald. <is Pa. St. 444. But the Board of Education 
 can leiralixe nnd coniirm acts of de facto school officers. Dubuque v. Dubuque, 13 
 Iowa ")")". But B66 n<it- 
 
 24. AfTiit-iiiTY OF TF.A' INI;. A teacher has a right to suspend a pupil un- 
 less deprived ..f -u h authority by action of the School I'.oard. 4o Wis. 150. 
 
 Run, Tin- Board may prescribe the hours of tuition. 
 2.1 111. Apr 
 
 KMI-I.OY.MLNT OF ! > HKK. A Trustee employed as teacher 
 
 by tin- two , ither members of the I>oard vacates his office as Trustee. Furguson v. 
 
 27, [xnsKasrXD nay be dismissed for be- 
 
 in. u r inten-tcd in any public contract. St-c>cctioi: ->1; 78 Iowa 37. 
 
 But he may claim compensation f,r otlicial duty. 71 Wi>. 100. 
 
 r WITH I-III:M-I:I.VI:S AS ixi)ivii)i-Ai>. 1 'u 1)1 ic officers 
 
 can not contract with tlu-m-elve- a~ individual-. It is forbidden by the principles 
 of law. 2'.' Mich. 1H. 
 
 i. Tlu- -amc rule which applie^ t. ollicei 
 "i-p,,r:itioi, -J 1 .' Mich. !'.. 
 
B8 SCHOOL LAW OF INDIANA. 
 
 30. REASONABLENESS OF RULES. Rules must be reasonable under the cir- 
 cumstances. Fertich v. Michener, 111 Ind. 472. Any rule of the school not sub- 
 versive of the rights of the children or parents, or in conflict with humanity and 
 the principles of the divine law, which tend to advance the objects of the law in 
 establishing public schools, must be considered reasonable and proper. 31 Iowa 
 562; 111 Ind. 472. 
 
 31. LEGAL CALLS FOR MEETINGS. A call for a meeting of the Board should 
 State the purpose of the meeting. 53 Conn. 576. 
 
 32. CITY -CLERK. The office of City Clerk is not an office " under the State," 
 within the meaning of section 176, State Cons't. Mahan v. Jackson, 52 Ind. 599. 
 
 33. ACCEPTANCE OF LUCRATIVE OFFICE. If an officer holding one lucra- 
 tive office accepts another, the acceptance of the second vacates the first. 35 Ind. 
 Ill ; 52 Ind. 599 ; 129 Ind. 365. 
 
 34. AUTHORITY TO ADOPT RULES. The school Board and school authorities 
 have the power to adopt rules and regulations for the government of the schools 
 Under their control. Ill Ind. 472. 
 
 35. RULES OF SUPERINTENDENT OR TEACHER BINDING ON PUPILS. Any 
 reasonable rule adopted by the superintendent or teacher, not inconsistent with 
 some statute or some rule prescribed by higher authority, is binding upon the 
 pupils. Ill Ind. 472. 
 
 36. FORMATION OF DISTRICTS IN TOWNS AND CITIES. As to the formation 
 of districts in towns and cities, see 54 Conn. 74; 6 Vermont 388; 16 Vermont 439 
 and section 4458. 
 
 37. GRADATION OF PUPILS. When a child has graduated from one depart- 
 ment it is ineligible to that department again. 4 N. Y. Supplement, 102. 
 
 38. WHEN TWO BOARDS ACT TOGETHER. When two Boards act together a 
 majority of the whole Board of Trustees, whether such majority come from one 
 corporation entirely, or from different corporations interested, have the power to 
 transact any and all business. 125 Ind. 557. 
 
 39. RATIFICATION OF CONTRACTS. Contracts may be ratified by the Board 
 either by special resolution or by acquiescence. 59 Vermont 658 ; 81 111. 470. 
 
 40. FOREIGN TUITION RATE OF. Non-resident pupils should not be re- 
 quired to pay more for admission into the school than the pro rata cost of tuition 
 for the resident pupils. 13 S. E. Rep. 120; 10 So. Rep. 57; 13 S. W. Rep. 587. 
 
 41. Quo WARRANTO PROCEEDINGS. Whether de facto school corporation is 
 legally organized can not be tried on quo warranto proceedings against persons 
 claiming to be its officers. 42 Conn. 89. 
 
 42. DEFALCATION LIABILITY OF MEMBERS OF BOARD. A trustee who has 
 had no part in the misapplication of funds is not liable therefor. 93 Ind. 292. 
 
 43. CONTRACTS WITH DE FACTO TRUSTEES. The contracts of de facto trustees 
 with a teacher is binding upon their school corporation ; and in an action by such 
 teacher on the contract, the validity of their acts as officers can not be called in 
 question. The School Town of Milford v. Zeigler, 1 Ind. App. 138. See note 23. 
 
 44. ACQUIESCENCE IN ILLEGAL ELECTION OF OFFICERS. After six years of 
 acquiescence and approval on the part of the school town in the election and serv- 
 ing of certain persons acting as school trustees, third persons dealing with them 
 have the right to presume that they are at least officers de facto. 1 Ind. App. 138. 
 
LAW ill-' IMMANA. 
 
 KIX(i OFTKAt'HKK BY OLH S< Hool, I'.o.M-M*. A I'M >M f< 1 i )f Sellf >ol TrUStCCS, 
 
 r tlu'ir -uccc->or< have been elected, and before they an.- entitled to serve as 
 Cere, may hire a teacher lor tin- y t -ar beirinnin.i: after their terms of oilice \vill 
 expire. 1 Ind. App. 138. See note l:'>. 
 
 4(1. Si> TRACT. If the School Hoard in M-->i<>n. hire a teacher, the 
 
 f itract with liim may he signed at different times; and a siirninij by a majority of 
 trustees is sutiicient. 1 Ind. App. 138. 
 47. Anoi.isiiiNc VHOOI. KFFK< ION n: v 111:1:'- :. A contract with 
 
 her to teach can not he annulled l>y abolishing the school he was to have 
 taught. 1 Ind. App. 138. 
 
 K M A.i'HiiTY <>K Ti:i ,. A c,,ntract 
 
 by two of three Trustees, when in session. il is valid.'' 1 Ind. App. 138. 
 
 4'.. ILI.I:.A Ti:r-ri:r. A teacher's contract i- not void when the 
 
 Trustees have an illegal purpo-e or design in view if he does not participate in such 
 purpo-e i.r de>i-:n. 1 Ind. App. 138. 
 
 . rendino- litigation tO determine who i> entitled to exercise an 
 ollice. the oil-.-.-r ,!, facto -hall act, and when it appeared to the court that A was 
 in possession of the office of School Trustee it pi-opi-rly compelled the County 
 Auditor to rec.^ifi/c him as -uch. 23 Ind. 449. See also 1 Ind. App. l.> 
 _'7 N. K. I ;].. 
 
 .")!. KMI-I.UY.MI.NT BY SCHOOL TOWN. A complaint against a school town al- 
 leging the employment of the plaintiff by the defendant to teach school and a 
 breach of the contract, is >uliicient, without alleging employment by the Trustees 
 of such >chool town, or that the town was incorporated, or that there was a Board 
 of Trustees in said town. 100 Ind. 
 
 ")_'. SUIT ON TREASURER'S BOOT ITNALTY KKI.ATOR. The incoming Treas- 
 urer may MR- the outgoing Treasurer on his official bond for failure to turn over 
 funds in his hand>, and such >uit may be maintained without an order from the 
 County Coinniixsioiu-rs. He i- liable to the penalty of In per cent. Sec. 4441 
 100 Ind. 47-J. 
 
 [HCOJOHG TREASURED KMIII.KI. T<> RECEIVE M.-NKY ONLY FROM HIS 
 
 PREDB i 9BOR, An inroming Treasurer i- i-ntitled to receive money only from his 
 pivd. (->or. KMI Ind. 47'J. 
 
 1440, 4444, 4497, 4501 and 4506, 4488, 4511. 4511:i and notes. 
 
 118H.'.. p. '. Approved and in force March 6, 1865.[ 
 
 4440. Trustees' Ixnids- -Vacancy. The County Auditor, in fix* 
 in.ir tin- penalty and approving aind accepting the Ixmds of such Trustees, 
 shall see to their sufficiency to -retire the school revenues \vhich may 
 conic into their hands, as well as the ordinary township or other reve- 
 nue. In case <>f' a vacancy in the office of Trustee, the County Auditor 
 shall appoint a person to fill the same, who shall take an oath and irive 
 bonds 88 required in the last preceding section; and said Auditor shall 
 report to the Superintendent of Public Instruction the name and post- 
 office address of each Trustee. (6) But see note 5. 
 
$0 SCHOOL LAW OF INDIANA. 
 
 1. BOND DOES NOT COVER BORROWED MONEY. There is here a clear implica- 
 tion that the only money which a Trustee can officially receive is that yielded by 
 the school revenues. Money obtained by borrowing can not be said to be school 
 revenue, and the penalty of the bond does not extend to such money. Walli* v. 
 Johnson Tp., 75 Ind. 372. 
 
 2. TITLE TO SCHOOL MONEY. A Trustee, like a County Treasurer, is liable 
 on his bond for all money that may come into his hands by virtue of his office, 
 whatever may become of the money. He is not a mere bailee, but the legal tech- 
 nical title to the money in his hands is in himself. Rock v. Stinger, 36 Ind. .'U(>. 
 
 3. USE NOT CONVERSION. The mere use, by the Trustee of school revenues 
 of the township in his own business, is not such a conversion of the money as 
 constitutes a breach of the conditions of his bond. Brown v. State, 78 Ind. 239 ; 
 Board v. State, 79 Ind. 270 ; Goodwin v. State, 81 Ind. 109. 
 
 4. WHEN NOT ENTITLED TO INTEREST. Title to such revenues does not vest 
 in a Trustee until they are actually drawn by him out of the treasury, and he is 
 not entitled to interest on warrants issued against them. Hadleyv. Xtf<', ('(> Ind. 
 271. 
 
 5. VACANCIES. Section 4439, passed in 1875, takes away from the Auditor 
 the power of filling vacancies in the office of Town or City School Trustees; and 
 the Board of County Commissioners, if in session when the vacancy occurs, or 
 before it is filled, fills a vacancy in the office of Township Trustee ; but if the 
 vacancy occurs when they are not in session, the County Auditor may fill it. R. 
 S. 1881, 5996 ; Cooper v. State, 113 Ind. 70. 
 
 I believe it is considered that a person appointed to fill a vacancy in an office 
 holds such office until his successor is elected and qn(d(ilul. The Supreme Court 
 seem to have so regarded the question, See Urmston. v. State, 73 Ind. 175. 
 Baldwin, Atty.-Gen. See sec. 4440 b. 
 
 6. RESIGNATION. When a City School Trustee resigns his office, to take 
 effect at a future day, the City Council may elect to fill the vacancy before the day 
 fixed for the taking effect of the resignation. Leech v. /State, 78 Ind. 570. 
 
 7. OVERPAYMENTS SHORTAGE SET-OFF In an action on the bond of a 
 Township Trustee he is entitled to set-off against ^the shortage in one fund over 
 payments on account of another, so far as the shortage was occasioned thereby. 
 126 Ind. 577; 93 Ind. 292; 66 Ind. 271. 
 
 8. ELIGIBILITY TERMS. Under the act of 1893 (sec. 4440a) a Township 
 Trustee is not eligible for two terms in succession. Sec. 5992, R. S. 1881. rr/Yx, 
 Supt. 
 
 9. ELIGIBILITY ALIEN. A voter under the Constitution of this State, 
 though not a citizen of the United States, is eligible to the office of Township 
 Trustee. 63 Ind. 507. 
 
 10. LIABILITY OF SURETY. When a successor is elected and qualified, but 
 does not take possession of the office, and the old Trustee continues to act. his 
 acts are void ; he is not an officer de facto or de jure, and his sureties ;ire not hound. 
 38 Ind. 483 ; 4 Blackf. 2. 
 
 11. OFFICE LUCRATIVE. The office of township trustee is a lucrative office 
 within the meaning of the State Constitution. 105 Ind. 221. 
 
 12. LIABILITY OF OFFICER AND SURETY. The statute creates a permanent 
 and continuing liability and the sureties on his official bond, for a failure to per- 
 form any duty imposed by any law in force at the time the bond is executed. <>r 
 
i >(.! 
 
 : 
 
 LAW OF INDIANA. 
 
 idi m:iy he -iilt>'.'i|!H-Mtly pa>-> cd during I IK.- tinu- for which such ollicer has 
 
 i ; and it i^ not neco-ary that the bond should pr< 
 such permanent and continuing liability. 44 In<' 
 
 It is the imperative duty 
 i\ court rendering judgment against a township trustee, in a suit upon his 
 
 i bond, fur a violation of a duty in reference to -chool revenii' 
 per cent, damages on the amount recovered. 44 hid. 
 
 14. IloND < :li CIVIL AM' A toWIlship cm- 
 
 cm] township and the school town- 
 ship. I'.hin the .;une territory :ind having the same trustee, who is bound 
 by a -i;iuU i-llicial bond. <>1 hid. -\'2. 
 
 \~>. ii on the relation of a township trustee, 
 
 on the bond of a defaulting 1" may be instituted without the request or 
 
 direction of the Hoard of County Commissioners. ')! hid. -\'2. 
 
 .ui'l in force March 2, 1893.] 
 
 4440a. The time <>!' holding the election of Township Trustees, 
 Justice- (.(' the Peace, Assessors, Constables, Iload Supt-rvi-ors. and such 
 otlier officer- of township as may be provided for by law, shall be 
 chaiine:! from the April election, and all such township officers shall be 
 ireih rai cleeiioii to le held on the first Tuesday after the 
 first Monday in November, 1-SD4, and every four years thereafter, and 
 which ei<-rti<ui shall be conducted by the provisions of the law governing 
 said -OIK ral election. (1) 
 
 The names of the different candid:; -.id township offices shall be 
 
 printed on separate ballot.- of a yellow color and deposited in separate 
 
 ballo: i'roni that of the State and county ballots. Said ballot 
 
 - shall be painted nd said ballots and ballot boxes shall be 
 
 red in conformity with tt . >verning said general election. 
 
 All laws or parts of laws in conlliet with the provisions of this act are 
 
 t 
 
 . K59.] 
 
 44401). ( ouiit.v roimiiissioiHTs fill vacancy. All vacancies in 
 
 the office of township trustee shall he filled by th- Board do'm^ county 
 luisin i-in time, or ly the [County] Auditor in vacation: and 
 
 every trustee 90 ap|ioint<-<l .-hall continue i: 
 
 ed and (|iialitie.l. 5996, I!. >. 1881. 
 
 1. Thi- ind the . MI lill vacancies tha: 
 
 our durinir a regular -e--5on of th.' lizard. 11.". hid. 7<. 
 
92 
 
 SCHOOL LAW OF INDIANA. 
 
 [1883. p. 118. Approved and in force March 6, 1883.] 
 
 4441. Trustees manage revenues Reports. The School Trus- 
 tees of every township, incorporated town or city, shall receive the 
 special school revenue belonging thereto, and the revenue for tuition 
 which may be apportioned to his township, town or city, by the State, 
 for tuition or [for] the common schools, and shall pay out the same for 
 the purpose for which such revenues were collected and appropriated. 
 Such Trustees shall keep accurate accounts of the receipts and expendi- 
 tures of such revenues, and shall render to the County Commissioners, 
 annually, on the first Monday of August, for the school year ending on 
 the thirty-first day of July, and as much oftener as they may require, a 
 report thereof, in writing. Said Board of Commissioners shall hold a 
 session on said Monday to receive said reports. They shall clearly and 
 separately state : 
 
 First. The amount of special school revenue and of school revenue 
 for tuition on hand at the commencement of the year then ending. 
 
 Second. The amount of each kind of revenue received within the 
 year, giving the amount of tuition revenue received at each semi-annual 
 apportionment thereof. 
 
 Third. The amount of each kind of revenue paid out and expended 
 within the year. 
 
 Fourth. The amount of each kind of revenue on hand at the date of 
 said report, to be carried to the new account. 
 
 And shall, with said report, present and file a detailed account current 
 of the receipts and payments for the year, and support the same by 
 proper vouchers ; which report and account current shall each be duly 
 verified by affidavit ; and when the said County Commissioners are satis- 
 fied that said report is full, accurate and right in all respects, and that 
 said account is just and true, they shall allow and pass the same ; which 
 shall have the effect to credit the Trustee for the expenditures. A copy 
 of said report, as passed and allowed by the County Commissioners, 
 shall, within ten days after its date, be filed by the Trustee with the 
 County Superintendent of the county, and upon failure of the Trustee 
 to discharge any of the duties required of him relative to schools and 
 school revenues, the Board of County Commissioners shall cause suit to 
 be instituted against him, on his official bond, and in case of recovery 
 against him, the court rendering the judgment shall assess upon the 
 amount thereof ten per cent, damages, to be included in said judgment. (7) 
 
 1. CONVERSION. The application, by a Trustee, of tuition revenue to spe- 
 cial school, road, or civil township purposes is a conversion of so much of the 
 fund and a breach of his bond. Eobinson v. State, 60 Ind. 26 ; Brown v. State, 
 78 Ind. 239 ; Board r. State, 79 Ind. 270. The suit may be brought on the re- 
 
LA\V OF INDIANA. !:J 
 
 m of his successor. Steinmetz V. State. -17 Ind. 4i '>">; Hohinson /. State. ><) iW. 
 
 _'. LIABILITY OF Ti;r.-Ti:i:. The Trustee is absolutely liable for the loss of 
 the funds by whatever casualty. In-positing in a -olvent hank, hy advice of State 
 and County Superintendent and County Board, if lo.-s result, is no defense. Ing- 
 li- V. State, (II Ind. 212; Board r. State, 7'.' Ind. 27(. 
 
 SCHOOL BOARD INDKI-LNDLNT. The School Trustees of a city or town act 
 independently of the City Council or Board of Town Trustees in receiving and 
 expending the school revenues, and their action can not be controlled by the latter. 
 John-on r. Smith, 04 Ind. L'7o. But see '/H'.'l. 
 
 4. OFFICER DE FACTO. When Trustees have been duly elected, commissioned 
 and qualified, giving the bonds required by law, such bonds will be binding, and 
 although the Trustees may be disqualified from holding the office, if the question 
 were properly presented, yet funds coming into their hands while acting will be 
 secured by their bonds. \\'<>U' n. Atty.-Gen. 
 
 ">. MISTAKE IN SETTLEMENT. When a Township Trustee fails to keep the 
 accounts required by this section, and by reason thereof, and by reason of mislay- 
 ing vouchers, he fails in his annual settlement with the County Commissioners to 
 claim or receive credit for a certain sum properly paid out by him, he can not 
 afterward recover for the amount so paid. Britt r. Jennings Township, 81 Ind. 69. 
 
 6. WRIT OF MANDATE. Mandamus lies by a School Trustee to compel de- 
 livery by his predecessor of the records, books and papers of the office, and to 
 compel the payment of money which the Trustee is required by law to apply to 
 school purposes. Frisbie v. Fogg, 78 Ind. 269; Stater. Goldsberry, 69 Ind. 430; 
 Iliatt p. State, 110 Ind. 472; Brown r. State, 78 Ind. 239. 
 
 7. A i -MKNT OF DAMAGES. In a suit on the bond of a School Trustee the 
 Court, in rendering judgment upon the verdict, should add ten per cent, to the 
 amount found by the jury. Watson r. State, 80. Ind. 212; State r. Goldsberry, 69 
 Ind. 4:;o ; Iliatt >: State, 110 Ind. 472; Brown r. State,' 78 Ind. 239. And the 
 provi-ion to that effect is imperative. Brown vi State, 78 id. 230. 
 
 8. MAKIM; LOANS - ANTICIP ATIN-, REVENUES. The powers of Trustees in 
 particulars have not been generally understood, as i-- shown by many letters 
 
 of inquiry received at the Department. I have, therefore, tried to give a full ex- 
 position of the law on the subject. a< follows: 
 
 Tin- 1/ c"H not borrow Then- i- nothing in the statute from first to last in- 
 
 dicating that a Town-hip Trustee can rightfully obtain money from any other 
 source than the -chool revenue-. There is a plain and unmistakable purpose on 
 the part of tin- L< irislature to confine the Trustee to the funds expressly provided, 
 and not permit him to go out into the hii-inc-- world as a borrower. * * * The 
 money is -up]. lied to them, ami they mu-t tab- it a-> supplied, and not attempt to 
 other source- of -upply. Wallis r. .Tohn.-on Town-hip, 7"> Ind. .".'IS 
 
 .1 ' "' i ftml ami r; irt<l. Where money i* loaned to a Township 
 
 Tru-iee for the use and benefit of the school township represented by him, and the 
 school town-hip receive- the benefit of the money, it is liable therefor ; and though 
 the note of the Tru-tee attempting to bind the township for the loan be held void, 
 yet the liability of the township remain- a- for money had and received. Bick- 
 nell P. Widner Town>hip, 7:5 Ind. ."><H ; The Bank >: Tnion Township, 7~> Ind. :!;]. 
 f.,r ililt.t. A school town-hip, by and in the name of it- 
 Tru-tee, may execute a valid negotiable promi ory note for any debt contracted 
 
94 
 
 SCHOOL LAW OF INDIANA. 
 
 for the benefit of its property ; but it is not governed by the law merchant, and an 
 assignee takes it subject to all defenses. Sheffield Tp. v. Andress, 56 Ind. 157. The 
 Board of School Trustees of an incorporated town have power to execute a valid 
 negotiable promissory note, by and in the name of such Trustees, binding upon the 
 school corporation for any debt contracted for the benefit of its property. Town of 
 Monticello v. Kendall, 72 Ind. 91. A note executed by a School Trustee and given 
 in payment for certain school maps was held to bind the school corporation. 
 Moral Tp. v. Harrison, 74 Ind. 93. The same was true of a note given for diction- 
 aries. Jackson Tp. v. Hadley, 59 Ind. 534 ; and for school furniture. Johnson 
 Tp. v. Bank, 81 Ind. 515. But School Trustees have no power to bind their corpo- 
 rations by notes given for money borrowed. Wallis v. Johnson Tp. 75 Ind. 368. 
 
 [Since the above was written by Superintendent Holcombe it has been de- 
 cided that a Township Trustee may execute a note for school furniture that is 
 prima facie valid and binding on the school township. Miller v. White River 
 School Tp., 101 Ind. 503.] See also 127 Ind. 81. 
 
 May anticipate certain revenues. The only portion of the school revenues which 
 the School Trustees may not expend in anticipation is the school revenue for 
 tuition belonging to the State and by it apportioned. Harvey v. Wooden, 30 Ind. 
 178. But this is very far from deciding that money may be borrowed by the 
 Trustee. Wallis v. Johnson, 75 Ind. 368. 
 
 When may issue bonds. A Township Trustee, in case of a bequest or gift ex- 
 ceeding five thousand dollars, to an unincorporated town in his township, condi- 
 tioned upon the raising of a like sum by the citizens of the township, may, upon 
 petition of a majority of the legal voters thereof, issue and sell the bonds of the 
 township to an amount not exceeding fifteen thousand dollars. 4514. School 
 bonds of cities and incorporated towns are issued by the Common Council or 
 Board of Town Trustees, but in no case by the School Board. 4488. 
 
 Conclusion. The conclusion, from, a careful comparison of the authorities, is 
 that School Trustees have no power to borrow money ; but they may bind their cor- 
 porations by promissory notes for the payment in future of valid pre-existing 
 debts, or for the repayment of money advanced to liquidate such debts. The in- 
 debtedness of all corporations is limited by the Constitution (B. S. 1881, 220) to 
 two per cent, on the value of taxable property. Holcombe, ?//>/. 
 
 Certificates of indebtedness issued without any consideration are invalid, and 
 can not be info reed against the township, even if the proper officers promise to pay 
 them. Axt v. Jackson School Tp., 90 Ind. 101. Such a certificate is void evt-n in 
 the hands of an innocent purchaser. State v. Howes, 112 Ind. 323; Boyd v. Mill 
 Creek School Tp., 114 Ind. 210 ; Grimsley v. State, 116 Ind. 130. 
 
 In an action against a school township for articles purchased by the tow r nship, 
 it must be shown that they were suitable or necessary, and that they were received 
 or used by the township. Reeve v. Dodson, 98 Ind. 497 ; Bloomington School Tp. 
 v. National School Furnishing Co., 107 Ind. 43; State v. Howes, 112 Ind. 323. 
 Delivery of the goods to a railroad company to be transported to the township is 
 not such a delivery as will bind the township for goods purchased which are not 
 suitable ; but if actually received by the township and used, the contract is valid. 
 P.oyd v . Mill Creek Tp., 114 Ind. 21Q ; Litton v. Wright School Tp., 27 N. E. 
 
 . 329. 
 {. PEXALTI: ;451 and 4152. 
 
 10. MISAPPROPRIATION, A trustee of schools who has had no part in the 
 
Unnl, LAW OP INDIANA. 
 
 95 
 
 State >:. Julian. 
 
 s 
 
 Ooiaappropriation of funds of the corporation is not liable therefor. 
 
 P3 Ind. 292. 
 
 11. KFKI:<T OF X Township Tru>tcc can not, without 
 
 -ing :in order of tin- Hoard of County Commi-ioners, in accordance 
 with these ^ection-. incur a debt in behalf of a school township for school supplies 
 in exee>s of "the fund on hand'' i which means money actually in the hands of 
 the Trustees to which such debt is chargeable, and of ''the fund to be derived 
 from the t;i :-t his township for the year in which such debt is to be 
 
 which means the amount to be derived from the school tax a e>scd in 
 the prior calendar year and collectible durinir the year in which the debt i> to be 
 incurred i. JeH'cr-on School Tp. 9. Litton, 110 Ind. 4G7 ; Roseboom ?. Jetl'erson 
 SchoolTp., 1! Ind. :',77: Middleto:, . Kui Ind. 1*; Hoyd /. Hlack School 
 
 Tp.. l'J3 Ind. 1 : State 9. Ilawes, 111' Ind. i 2 : . Miller r. White Ki ver School 
 
 Tp., 1)1 Ind. 503). See H438c, notes 2 to 5. 
 
 1'J. - OP HOARD OF COUNTY COMMISSIONERS. The sex-ions of the 
 
 Hoard of County Commissioners under thN section is for the sole purpose of re- 
 ceiving from the School Truste< as herein provided for, and taking action 
 n, and the Hoard has no p..wer to transact any other business. Fahlor v. 
 Board of CommissioDen, \<n Ind. !'-7. 
 
 Wiio .MAY UKIN; AI THIN "N iioxD. The incoming town or city Treas- 
 urer is the proper person to brinir suit nirainst the outgoing Treasurer, on his bond, 
 ailure to turn over the school funds to him; and he may do so without an 
 order of the Hoard of County C..ni:n : Iliatt '-.State, 110 Ind. 472; Strong 
 
 Ind. -(in. 
 
 14. <)\ - T. If a Treasurer pays more than he is required it, pay 
 
 ust bring an action h overpay- 
 
 : of payment; and if such overpayment was 
 
 r voiicliers and accounts, and he settled 
 
 with the County without making claim therefor, he cannot recover 
 
 -.oiint thereof. Uutt v. Jem, 1 Township, SI Ind. 69. 
 
 \~>. v. A Township Trustee, who, in good faith, employs 
 
 n-y and } it is unexpectedly found that the public 
 
 ,-ullieient to ]>ay them in full, advances the <K licit out of his 
 
 ! township which he may re' 
 i Tp.. loi' I,,d. L^'.I; Murphy r. Oren. 1 
 
 :n<h-r like circum-t 
 
 U',. Mi 1 school fanda Should be kep' : but 
 
 vhich it should have 
 -erdrawn fund; 
 
 :ie ~hoiil! '-'lit in this way. S; 
 
 ;. \'2~> In.; n. 1'Jl Ind. .".!; Fi, '.; Ind. r,77. 
 
 17. r. It is D 
 
 ie who had intruded 
 unlawfully in'o the o ;her is holding 
 
 > r holdin- the time 
 
 !ed to :ill the int. r.-i that he >!iay r. 
 
 ;' the luiuN. r.n.v. h,.!. -J70; 
 
 U1 if he r. 
 
9 SCHOOL LAW OP INDIANA. 
 
 interest accruing on warrants issued by the County Auditor on the County Treasurer,, 
 he is liable for the amount of such interest thus received. Hadley r. State, 6t> 
 Ind. 271. 
 
 19. REFUNDING TO TRUSTEE. An act of the Legislature refunding to a 
 School Trustee, out of the funds of his school corporation, moneys lost without his 
 fault is valid. Mount v. State, 90 Ind. 29. 
 
 20. RIGHT OF NEW TOWN TO PART OF SCHOOL REVENUE. When new town 
 is organized within township after school revenue is received, the town is entitled 
 to its share; the trustee may be compelled by mandate to pay it over to the town 
 school trustees, who are the proper relator in such suit. 89 Ind. 249. But see 
 note 32 under section 4444. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4442. Record Duty as to revenue. The Trustees shall keep a 
 record of their proceedings relative to the schools, including all orders 
 and allowances on account thereof; including, also, accounts of all re- 
 ceipts and expenditures of school revenue, distinguishing between the 
 special school revenue belonging to their township, town or city, and 
 the school revenue for tuition, which belongs to the State, and by it ap- 
 portioned to their township, town or city ; which said revenue for tuition 
 they shall not permit to be expended for any other purpose, nor even 
 for that purpose in advance of its apportionment to their respective 
 corporations. (8) 
 
 1. NOTE. This restriction on spending money in advance does not apply to 
 money raised under 4469 and $4470. Harvey v. Wooden, 30 Ind. 178. 
 
 2. TUITION REVENUE. From the various provisions of the law upon this 
 subject, it is understood that no portion of this money can be lawfully applied to 
 any other purpose than the payment of the wages of teachers in the common 
 schools of the State. It can not be used to pay fees to the County Auditor, or 
 Treasurer, or Township Trustee, or Superintendent of a graded school, or a 
 janitor, or a librarian, or for fuel, furniture or repairs. Rugg, Supt. 
 
 3. EMBEZZLEMENT. The application of money belonging to one fund to the 
 use of another is-a criminal offense, the punishment of which is imprisonment in 
 the State prison for not less than one nor more than five years, a fine of not less 
 than one nor more than one thousand dollars, and disf ranchisement, and incapacity 
 to hold any office of profit and trust. R. S. 1881, g!951. 
 
 4. MISDEMEANOR. If any Township Trustee shall refuse to pay any just claim 
 or demand against any fund of said township, when the money belonging to said 
 fund is in his hands, he shall be deemed guilty of a misdemeanor, and, on convic- 
 tion, shall be fined in any sum not less than ten dollars and not exceeding fifty 
 dollars. R. S. 1881, 2050. 
 
 5. LIABILITY. A Trustee of Schools who has had no part in the misapplica- 
 tion of tuition revenue is not liable therefor. State v. Julian, 93 Ind. 292. 
 
 6. INSPECTION OF BOOKS. School Trustee's records, either of a city, town or 
 township, are public records, always open for public inspection, and anyone inter- 
 ested therein has a right to examine them. Anderson School Township v. Thomp- 
 son, 92 Ind. 556. 
 
SCHOOL LAW <F INMANA. 
 
 97 
 
 
 I 
 
 J AYMENT OK CLAIMS. Mandamus lies to compel a Township Trustee or a 
 Board (if School Trustees to pay a valid claim. Fri>bie c. Fogg, 78 Ind. 269. 
 
 4443. Annual statement. The Township Trustees and the School 
 
 Trustees of incorporated towns and cities shall, immediately after their 
 annual settlements with the Cotmty Commissioners, in October [August] 
 make a full statement of all their receipts and expenditures, for the 
 year preceding, relative to their schools. (9) 
 
 1. Tlu- time for making the annual settlement with the Commissioners was 
 
 ged in 1^."> from ( H-toK-r to AuiriM. J4-141. 
 
 Civn. ANJ> SCHOOL Towxsmi's. The conclusion i< inevitable that every 
 Town-hip Trustee must make a report within live day- after the last Saturday of 
 eacli February . and that such report must contain a -tatement of all the receipts 
 and expenditures of all the revenues of the ciril township I K. S. 1881, 5998) ; but 
 it need not contain a report of the receipts and expenditures of the school revenue 
 of the town-hip nn[,*.-- the Hoard of (.'ounty ( 'ommi iom-r- require it. On the first 
 M.-nday after the -<-cond Tuesday in October [now the first Monday of August] 
 every Township Trustee must make a report of all the receipts and expenditures 
 of the school revenue of his township, hut not of the receipts and expenditures of 
 the rit-li township. Baldwin^ Attt/.-Gen. 
 
 4444. General duties. The Trustees shall take charge of the 
 
 educational ati'airs of their respective townships, towns, and cities. 
 They shall employ teachers ; establish and locate, conveniently, a suffi- 
 cient number of schools for the education of the white children therein; 
 and build, or otherwise provide, Miitable houses, furniture, apparatus, 
 and other articles and educational appliances necessary for the thorough 
 .i/ation and efficient management of said schools. They may also 
 establish graded -chools. -T such modifications of them as may be prac- 
 ticable ; and provide for admitting into the hurher departments of the 
 graded school, from the primary schools of their townships, such pupils as 
 are sufficiently advanced for such admission. They shall have the care 
 and management of all property, real and personal, belonging to their 
 respective corporations for common school purposes, except the congress- 
 ional township school lands; which lands shall be tinder the care and 
 management of the Trustee of the civil township to which euch lands 
 long 
 
 1. I'OUF.K OK TKf-TKK. The Township Trustee is clothed with almost auto- 
 tic power in all school matters. The voter- and tax-payers of the township 
 ve hut little, if indeed any. voice or part in the control of the details of edu- 
 cation:;! atlair. So far a> actual authority U concerned, the Trustee i>- the corpo- 
 ration, although in contemplation of law it i> otherwi-c. Wallis r. Johnson Tp., 
 7.-. Ind. 374; I'.icknell ft Widner Tp., 7: 1 . Ind. :,(!. Sec >A44\ . note 8. 
 
 _. I'M Tln-iv i- no pn.vi-ion of the 
 
 law authdrixinir any other prn-on than the Trus'ee to >c-lect a teacher. It IK 
 tlu refore lu-ld that the provision authorizing the Trustee to employ teachers, also 
 
 .ox. LAW. 
 
98 SCHOOL LAW OF INDIANA. 
 
 authorizes him to select them, and that school meetings are not empowered by the 
 law to designate or employ teachers. That power was taken from them in 1873. 
 In some townships the Trustees by courtesy permit the voters of districts to select 
 their respective teachers. I doubt their right to do so. The law wisely holds tke 
 Trustees responsible for the faithful performance of this duty. He is bound to 
 obtain the best teachers that his money will secure. He has no right to employ a 
 poor teacher when his money will control the services of a good one. He has 
 certainly no right, then, to put it out of his power to thus use his best judgment 
 in the selection. Smart, Supt. 
 
 3. COUNTY CAN NOT BUILD SCHOOL HOUSE. A Board of County Commission- 
 ers has no authority to make an appropriation of any sum out of the general 
 fund of their county for the erection of a school building. Rothrock v. Carr, 55 
 Ind. 334.' 
 
 4. ABANDONED CORPORATION. In case a town abandons its corporation, the 
 powers and duties of the Board of School Trustees cease, the Township Trustee 
 succeeds thereto, and it becomes his duty to take charge of the schools without 
 special notice. If he refuses to act, he becomes liable to prosecution. Baldwin, 
 Atty.-Gcn. 
 
 5. TRUSTEE CAN NOT EMPLOY HIMSELF. You ask me whether a Township 
 Trustee has a right to teach school in his own township. In answer, I have to say 
 that a Township Trustee, being the agent of the State to employ teachers for the 
 public schools, is not authorized to employ himself, and such a practice, if it ex- 
 ists, is contrary to law, and should be discontinued Woollen, Atty.-Gen. 
 
 6. CONTRACTS WITH TEACHERS. A teacher contracts with the school town- 
 ship through its Trustee, and although the Trustee squanders the township funds 
 and his bond is worthless, yet the township is liable to pay the teacher as specified 
 in the contract. A verbal contract with a School Trustee to teach a school is as 
 binding as a written contract. If the Trustee had employed a teacher for the 
 term or school year before the patrons of that district had petitioned him to have 
 the German language taught in that district, then he was justified in paying no 
 attention to their petition. Baldwin, Atty.-Gen. Harrison School Tp. v. Mc- 
 Gregor, 96 Ind. 185 ; Harmony School Tp. r. Moore, 80 Ind. 276. 
 
 7. WHEN CONTRACTS MAY BE MADE. See sec. 4501 a for time of making con- 
 tracts for a township teacher. 
 
 But a contract made by the Board of School Trustees of an incorporated town 
 or city with a School Superintendent, prior to the annual election of a new member 
 of the board and the reorganization required by statute, for services to be performed 
 after the election of such member, is valid and binding on the school corporation. 
 Keubelt v. School Town of Noblesville, 106 Ind. 478. See note 45, section 4439. 
 
 8. RESIGNATION OF TEACHER. The relation existing between Trustee and 
 teacher is based on a contract. A teacher can not resign without the consent of the 
 Trustee. To abandon his school without such consent is a violation of his contract, 
 and gives the Trustee a claim against him for any damages actually sustained by 
 the school in consequence thereof. But the Trustee will withhold any part of the 
 wages due the teacher at his peril, for unless actual damages can be proved the 
 teacher may recover in a suit the amount withheld. Holcombe, Supt. 
 
 9. LOCATION OF HOUSES TITLE. The title to property on which a school 
 house is to be built must be in the school corporation ; and by proper proceedings 
 land may be condemned for school purposes. 4508, 4517-4519. 
 
SCHOOL LAW OF INDIANA. 
 
 99 
 
 
 I 
 
 H 
 
 must not build outside their own jurisdiction, since the franchises of 
 school corporation can not extend beyond its own territory so as to attach to land 
 r school buildings outside the corporate limits. Ml. Cannel r. Shields, Gt! Ind. 
 
 81. 
 
 1 do not think the law authorizes a Trustee to invest township funds in a joint 
 lock company for the construction of a school house. Hut lie may, having a 
 leed for the land on which the school house Mauds build one or more rooms or 
 -torie- of such house, permitting other parties, or a joint .-lock company, to build 
 idditional room - thereto, upon such conditions as will secure the protec- 
 
 :ion and right use of that part owned by the toAvnsliip. - Ilojikm*, Xiijit. 
 
 \ school meeting of a district may petition the Trustee for the removal of 
 the school house to a more convenient location, for the erection of anew one, etc., 
 but the Trustee may exercise a sound di-cretion a-- to the propriety of taking such 
 action. <j-14!Ji. 
 
 Id. PROVIDING HOUSES. FUKNITUKK. ETC. The -chool authoritie- are not 
 bound to furnish educational facilities beyond those which the fund*, devoted by 
 law to that purpose, will yield. It is not for them to burden the school township 
 with debt by borrowing money. Their duty is fully performed and their power 
 completely exhausted when they have properly expended all money derived from 
 the school revenue. Wallis r. John-on Tp., !'> Ind. 'M~>. Hut where money had 
 been loaned to a Township Trustee for the purpose of completing a needed and 
 suitable school house, the school township receiving the benetit of the^loan was 
 held to be liable therefor. Hicknell r. WidnerTp., 7:: Ind. '^\. Set '/Mil, note 8. 
 
 11. TEXT-HOOKS MAY HE FUUXI<HEI. A Township Trustee can not pur- 
 chase at the expense of the township, text-books for the use of the pupils attend- 
 ing the publi( schools of the city or township. Honey ('reek School Tp. r. Barnes, 
 1H> Ind. -J13. Books can be bought, however, by the Trustee for poor children 
 confined in county asylum- or homes for orphan children or for other indigent or 
 poor children who would otherwise be unable to attend school. See section 44'2\f. 
 
 1 Ixnisi-KNSAHLK AHTK i-Ks. Among the indispensable articles of furniture 
 and apparatus are a few chairs, a teacher's table, black boards and crayons, a 
 clock, a thermometer, a dictionary, a water-pail and cups, pointers, erasers, brooms 
 and brushes. Kach school should also be furnished with a terrestial globe and 
 
 F table wall maps, and there should be a closet in which the movable property of 
 school may be secured. ^niart, Xuj>t. 
 The Trustee- are under the law the judges whether furniture is needed ; and 
 contracts therefor, and in consideration of the purchase of maps and dictionaries, 
 will bind the corporation. Moral Tp. r. Harrison, 74 Ind. !.": .Johnson Tp. v. 
 Hank. M {. filo; Jacks,, n Tp. /. Hadley, 'M i<L 
 
 13. (<>NTKA<TS OF Tm STI:I>. Contracts for the benetit of school corporation-, 
 
 whether to build houses, employ leachen or parehaae supplies or apparatus, should 
 
 be made by the Trustee in the name of the school, not the civil, corporation. 
 Hornby p. State. '. Ind. Hr_' : Harrison Tp. 9, McGregor, <n id. 380. 
 
 A -ehonl town is bound, a- -uch. for the contract price of material furnished 
 and labor performed by another, in the erection of a school building for such town, 
 under a parol contract therefor, made with him by the School Trustees of such 
 town. Princeton Tp- '' ( '-bhart. ',! Ind. 1 V 7. but a mechanic'* lien can not betaken 
 upon the building for materials furnished therefor and labor performed thereupon. 
 Fatout r. Board of School Com.. !(>'_> In<! 
 
100 SCHOOL LAW OF INDIANA. 
 
 A suit to set aside a contract for the building of a school house and to enjoin 
 the doing of the work, on the ground of fraud on the part of the Township Trus- 
 tee, in the making of the contract, is properly brought in the name of the State, 
 for the use of the civil township. State v. Earhart, 27 Ind. 110. 
 
 A contract by a School Trustee for the improvement of school property, by 
 the terms of which he is to share in the profits is void, both at common law, and 
 under the statute. Wingate v. Harrison Tp., 59 Ind. 520. 
 
 The penalty for such corrupt interest in contracts is a fine of from three hun- 
 dred to one thousand dollars, and imprisonment for from two to fourteen years. 
 E. S. 1881, 2049. 
 
 14. GRADED SCHOOLS. This section gives the Trustees ample power to organ- 
 ize, at their discretion, such a system of free schools as the peculiar circumstances 
 of their townships may require. The schools may be all of the same grade, or of 
 two or three more grades. They may classify the children of the township accord- 
 ing to acquirements. They may authorize the teaching of any branches of science, 
 literature and art which public interest and public opinion may require. Larrabee, 
 Supt. 
 
 The separation of pupils into different schools or departments, according to 
 age and acquirements, is not an abridgment of their rights. Corey v. Carter, 48 
 Ind. 360; State v. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 
 
 A graded school is a school in which the pupils are placed in different rooms 
 and under different teachers, according to advancement. Consequently, the 
 greater the number of rooms and teachers for any given school the more favor- 
 able the means for perfect grading. From this it will be seen that a graded school 
 as contemplated in the above section can not exist with less than two teachers. 
 With one the school may be classified but not graded. Trustees will therefore 
 have regard to this element when they put up buildings designed for graded 
 school. 2d. As to the time when a graded school should be established for any 
 given township, no definite directions can be given. There are too many local 
 elements to admit of any special directions. It is, however, safe to say that 
 whenever there are pupils in the township whose advancement is such that the 
 district schools can not furnish them instruction, at that moment begins the need 
 of a township graded school furnishing instruction of a higher grade. The Trustee 
 must, however, be satisfied that the number of such pupils is sufficient to justify 
 the establishment of such a school before providing the same. 3d. As to place I 
 would suggest that whenever practicable the township graded school should be 
 established in connection with a district school, thus economizing in building, 
 perhaps in teaching, also furnishing the means of a more thorough grading in at 
 least one primary school in the township. It is suggested further that a village, 
 if centrally located, is usually a favorable place for the township school. Hoss, 
 Supt. 
 
 15. PAY OF GRADED SCHOOL TEACHERS. A township graded school is a com- 
 mon school, as it is open alike to all the children of the township who are suffi- 
 ciently qualified for admission. Therefore Township Trustees have the right to 
 pay principals and teachers of graded schools for all service which they render as 
 teachers in such schools, from the school revenue for tuition apportioned by the 
 State. Smart, Supt. 
 
 16. CUSTODY OF SCHOOL PROPERTY. The Trustee of each school district has 
 charge and possession of the school house, for, although the director has the charge 
 
SCHOOL LAW OF INDIANA. 
 
 101 
 
 certain purposes, he acts under the order and with the concurrence of the 
 Trustee. Hard r. Walters, 48 Ind. 148; #4504. 
 
 17. CONGRESSIONAL LANDS. When those lands are divided by a county or 
 civil township line, the voters of the congressional township to which they belong 
 shall designate the Trustee of one of the civil townships in which they lie to have 
 the care and management of them. #4330. 
 
 18. BORROWING MONEY EXECUTING NOTES LIABILITY OF CORPORATION. A 
 Trustee of a school corporation has no authority to borrow money. He has no 
 authority to incur any indebtedness except for school purposes, and then only in 
 oases contemplated by statute. He has no general authority to execute promissory 
 
 : his authority in this respect is a special one, and can only be exercised in 
 conformity to the statute creating the corporation. The authority to execute prom- 
 i ory notes is confined to cases where the debt which the note evidences is for 
 legitimate school purposes. * * * The cases very clearly establish the princi- 
 ple that the corporation is only liable on an inplied contract, and not on the notes, 
 and such a contract can not exist unless it is shown that the school corporation 
 received the consideration of the notes. * * * The authorities all agree that 
 an implied contract only exists in cases where the defendant received the consid- 
 eration of the contract, and where this appears, and only where it appears, he is 
 liable for the reasonable value of the property received. Reve Township r. Dob- 
 son, 98 Ind. 497. See 75 Ind. 368; 106 Ind. 18; and gee. 4437 and 4438b and 
 
 I'.i. ORDERS WITHOUT CONSIDERATION VOID. Where the Trustee of a school 
 township ha- issued an order or certificate of indebtedness, in the name of his 
 township, without any consideration therefor, such order or certificate is invalid 
 and void, and can not be enforced against the township; nor in such cases will the 
 mliict or promises of the Trustee, or his successors in office, estop the town- 
 ship from pleading the want of consideration as a sufficient defense to any suit 
 against it upon such order or certificate. Axt ?-. Jackson Township, JM) Ind. 101. 
 
 '2u. MAY ABOLISH DISTKKTS. After a School Trustee has, on appeal, been 
 ordered by the County Superintendent to pr .vide furniture for the school houseof 
 a certain di.-trict, he may at once abolish the district and provide proper school 
 facilities fop the people thereof in other districts. State r. Sherman, (90 Ind. 123. 
 See D0( 
 
 Jl. .Mr>r < "NTK..I. nooi. JM:KMISKS. A School Trustee has no authority to 
 provide furniture for a room for -chool purposes, or to employ a teacher for -erv- 
 icc therein, unless, such room i- owned or leased by the school township. State r. 
 Sherman, W Ind. \'2:\. 
 
 JL'. Ai-.ANDoMN., (.KAPKI- > H.M>L. If a Townsh ip Trustee consolidates two 
 or more district*, and establishes in place of them a graded school, and afterward 
 tind> it to the advantage of the school- of the town-hip to abandon such graded 
 scho.,1 and re-establish the district school-, he may do so. Lal-'ll<tt>, Xupt. 
 
 23. RULES AM> i:K<,ri..\Ti"N-. School Hoards and other educational authori- 
 ties have power to adopt appropriate rule- ami regulations f ( ,r the government of 
 the school.- under their control. It is not necessary that all -iich rules shall be 
 made a matter of record, nor that every act, order or direction affecting their 
 management shall be authorized or confirmed by a formal vote; but any rea-<>n- 
 able rule adopted by a superintendent or teacher not inconsistent with some stat- 
 ute or some other rule prescribed by higher authority, is binding upon the pupil-. 
 
 
102 SCHOOL LAW OF INDIANA. 
 
 A rule requiring the superintendent of a city school to visit weekly all the schools 
 under his charge, and to see that the best methods of instruction are adopted, 
 confers upon him authority, if it were otherwise wanting, to order and promul- 
 gate such additional reasonable rules as the best interests of the schools may re- 
 quire. Fertich r. Michener, 111 Ind. 472. See notes 25, 30 and 37. 
 
 24. ENFORCEMENT OF RULES. In the enforcement of all rules for the gov- 
 ernment of a school, due regard must be had to the health, comfort, age, mental 
 and physical condition of the pupils ; and to the circumstance attending such 
 particular emergency, and the condition of the weather, the infirmity of a pupil, 
 and the like, may require relaxation in their strict enforcement. A school regu- 
 lation must not only be reasonable within itself, but its enforcement must also be 
 reasonable under ail the circumstances. Fertich c. Michener, 111 Ind. 472. See 
 notes 23, 29 and 36. 
 
 2-">. LOCKING DOORS. The habit of locking the doors of a school room dur- 
 ing the opening exercises is not an unreasonable enforcement, under ordinary 
 circumstances, of a rule requiring pupils to remain in the hall during that time ; 
 but if the weather is unusually severe, and proper steps are not taken for the 
 comfort of children thus excluded, such method of enforcement is unreasonable 
 and improper. A rule requiring tardy pupils to remain either in the hall of the 
 school building, which is provided with heat, or in the office of the principal, 
 until the opening exercises, lasting from ten to fifteen minutes, are concluded, in 
 order that such exercises may not be interrupted or disturbed, is in itself a reason- 
 able regulation. Fertich r. Michener, 111 Ind. 472. 
 
 26. DETENTION OF PUPIL AFTER SCHOOL HOURS. Such detention, as a pen- 
 alty for some omission or misconduct, is one of the recognized methods of enforc- 
 ing discipline and promoting the progress of pupils in the common schools, 
 and although the cause for such detention be mistaken it possesses none of the 
 elements of false imprisonment, unless imposed from wanton, willful or malicious 
 motives. Fertich r. Michener, 111 Ind. 472. 
 
 27. LIABILITY OF SCHOOL OFFICER. A school officer is not personally liable 
 for a mere mistake of judgment in the government of his school; but to render 
 him liable, it must be shown that he acted in the matter complained of wantonly, 
 willfully or maliciously. Fertich r. Michener, 111 Ind. 472. 
 
 28. CLOSING SCHOOL ON ACCOUNT OF EPIDEMICS. If a teacher objects to 
 closing school on account of epidemics he may be compelled to do so by order 
 from the Secretary of the Board of Health. See acts 1891, p. 15. But the teacher 
 will be entitled to compensation during the time the school is so closed. See 43 
 Mich. 480. Varies, Sitpt. See sec. 4501 and notes. 
 
 29. POWER AS TO RULES AND REGULATIONS. Under the statutes of this State, 
 construed in connection with the incidental powers of corporations, the various 
 school boards and other educational authorities, have power to adopt appropriate 
 rules and regulations for the government of the schools under their control. Ill 
 Ind. 472. 
 
 30. RULES MUST BE REASONABLE UNDER THE CIRCUMSTANCES. A school reg- 
 ulation must not only be reasonable in itself, but its enforcement must also be 
 reasonable under all the circumstances. Ill Ind. 472. 
 
 31. REVENUE IMPLIEDLY PLEDGED. When the Trustee of a Township, in 
 anticipation of the revenue, incurs debts for the building of school houses, such 
 revenue is deemed to be impliedly pledged for the payment of such debts ; and 
 
SCHOOL LAW OF INDIANA. 
 
 103 
 
 itlamus will not lie at the MI it of a town incorporated after the implied pledge 
 of the revenue, to compel the Trustee to pay the money collected by him to the 
 school officer- of the town, although Mich officers would be entitled to Mich money 
 if it had not been impliedly pledged prior to the incorporation of the town. 109 
 Ind. llo N. K. Kep. note IX no. 4441. 
 
 :!2. MAM>AMfS THK PROPER ACTION To COMPEL THK PERFORMANCE OF A 
 
 i ERIAL DUTY. Mandamus is the proper action to compel any officer to per- 
 form a ministerial duty, but mandamus will not lie to compel the performance of 
 a discretionary duty. "23 All. Rep. '.'24. 
 
 33. BRIBERY OF PUBLIC OFFICER. To offer a receipt for more than the 
 of any kind of apparatus to induce an officer to purchase is bribery. 106 Ind. 
 233. See a and 2051. 
 
 :'A. MAY ABOLISH DISTRICT WHEN THE AVERAGE ATTENDANCE is OXLY FOUR 
 PUPII>. The Trustee may abolish a district when the attendance has become so 
 small as t.> satisfy him that no good purpose can be accomplished by keeping the 
 school open. When the average daily attendance was only four pupils, the num- 
 ber not being reduced by sickness, or other cause, it was no abuse of the Trustee's 
 discretion to abolish the district. 119 Ind. 232. 
 
 35. COURTS WILL NOT REVIEW DISCRETIONARY ACTS IF NOT ABUSED. It is a 
 general rule that courts will not revise the exercise of discretionary authority by 
 a public officer, for as long as he acts in good faith and within the general scope 
 of his authority, he is not subject to judicial control. 119 Ind. 232; 113 Ind. 
 298; 102 Ind. 372; 100 Ind. 242; 34 Ind. 471. 
 
 36. STUDENTS MUST SUBMIT TO XFCES.-AKY RULES. A student is required to 
 submit to any proper rule necessary for the good government of the school. 82 
 Ind. 286. See notes 24, 2"> and 30. 
 
 37. COX^IMKA- Y TO DEFRAUD INVALIDATES TOWNSHIP ORDERS, AND ACTUAL 
 
 VALUE OF GOODS CAN NOT BE OBTAINED. The certificate upon which the action 
 was predicated originated in an unlawful and corrupt conspiracy to defraud a 
 public corporation. An agreement or conspiracy between two persons which has 
 for it,s object the perpetration of a fraud or civil injury upon another, is illegal; 
 and any agreement to carry out or consummate a scheme which involves a breach 
 of trust, or official duty, is unlawful and void. And the actual value of the 
 goods furnished the township can not be recovered. 3 Ind. App. 411; 124 Ind. 
 193. 
 
 38. LIMITATION ON POWER OF TRUSTEE TO CONTRACT DEBT FOR ERECTION OF 
 
 Sections 443Sa and 443Sh limit the authority of Township 
 
 Tru>t-e- to contract debt-, whether on behalf of the civil or school township, and 
 
 they may be enjoined by tax-payers from contracting debt- otherwise. 10t Ind. IS. 
 
 TOWNSHIP NOT LIABLE FOR -UPPLIES NOI IN THK TO\\N-HIP 
 
 rn<u.H SUITABLE. A township is not liable upon a certificate i>sued 
 
 by it- Tru-tfe for -ehoo] -upplie- contracted for by him for future delivery, which 
 
 supplies, although suitable, are not needed in the town-hip -chools. and which 
 
 the township refu-es to accept. 114 Ind. 21<\ 
 
 40. DKI.IVF.HY ANI> \< . i n \v u Of MPPI.IES. The delivery of the goods to 
 a railroad company by the vendor is not such a delivery a- i- required to make 
 the school town-hip liable upon a contract which its Trustee had no authority to 
 make. In such a case liability i- ba-ed upon the actual acceptance and appro- 
 
104 SCHOOL LAW OF INDIANA. 
 
 priation of the goods. 114 Ind. 210. But this case has been modified by 124 Ind. 
 193 and 3 Ind. App. 411, where fraud appears. See also 127 Ind. 81. 
 
 41. MECHANIC'S LIEN AGAINST PUBLIC POLICY. A mechanic's lien for work 
 done, or materials furnished, in the erection of a public school house, can not be 
 acquired or enforced. It is against public policy. 102 Ind. 223. 
 
 42. PETITION FOR SCHOOL HOUSE. Any portion of the inhabitants of a 
 township may petition the Trustee for the location of an additional school dis- 
 trict, or the erection of a school house, and if their petition be refused they may 
 appeal to the County Superintendent, and if he reverse the decision of the 
 Trustee, it will be the duty of the latter to grant the prayer of said petition, and 
 if he still refuse he may be compelled to do so by mandate. 21 Ind. 317. But 
 see notes 34 and 20. 
 
 43. TOWNSHIP MUST OWN OR LEASE SCHOOL PREMISES. A School Trustee 
 has no lawful authority to provide furniture for a room for school purposes, or 
 employ teachers for services therein, unless such room is owned or leased by the 
 school township ; and even if the County Superintendent, on appeal, direct him 
 to do so, he may properly disobey the order, and mandate will not lie to compel 
 him to obey it. 90 Ind. 123. 
 
 44. See sees. 4454, 4455, 5997, 2009, 2051, 2049, 4441, 4439, 4436, 4501, 4501a, 
 4438a, 4438b, 4499, 4502, 4511, 451 la and notes. 
 
 45. For salary in townships of 100,000 inhabitants, see Acts 1893, p. 298. 
 
 [1873, p. 68. Approved and in force March 8, 1873.] 
 
 4445. Superintendent in cities and towns. The School Trus- 
 tees of incorporated towns and cities shall have power to employ a Su- 
 perintendent for their schools (whose salary shall be paid from the special 
 school revenue), and to prescribe his duties, and to direct in the dis- 
 charge of the same. (12) 
 
 1 COMPENSATION. In case a person is employed to superintend part of the 
 time and teach part of the time, he can be paid for the services he renders as Su- 
 perintendent out of the special revenue, and for the services he renders as teacher 
 out of the tuition revenue. If paid anything from the latter, he must possess a 
 valid license. Smart, Supt. 
 
 2. WHEN MAY EMPLOY SUPERINTENDENT. See $4439, note 13. 
 
 4446. Joint graded schools. The School Trustees of two or more 
 distinct municipal corporations for school purposes shall have power to 
 establish joint graded schools, or such modifications of them as may be 
 practicable, and provide for admitting into the higher departments of 
 their graded schools, from the primary schools of their corporations, such 
 pupils as are sufficiently advanced for such admission. Said Trustees 
 shall have the care and management of such graded schools, and they 
 shall select the teachers therefor. They shall have power to purchase suit- 
 able grounds for such graded schools, and erect suitable buildings thereon ; 
 and the title to all such property, acquired for such purposes, shall vest 
 jointly in the corporations establishing the graded schools. (13) 
 
105 
 
 1. JOINT GRADED SCHOOLS APPEAL. An incorporated town and township 
 can unite and establish a joint graded school, and it will not lie neeessary for 
 the town to extend it- limits so as to enclose the sites of the school house. The 
 town and town-hip authorities have no power to enter into an agreement with an 
 incorp orated a ociation for school purpose.-, that the three shall run and control 
 hool, and that such association shall have equal control over the school with 
 such town and township authorities. The control of the public school can not be 
 lettered by any private person. Possibly an appeal will lie from the decision of 
 two Township Trustees refusing to build a joint graded school house. In case two 
 Township Trustees of different counties are petitioned to build such a sclmol 
 hoiiM-. the Superintendent of that county to whom an appeal is first taken would 
 Jurisdiction of the ca-e to the exclusion ( ,f the Superintendent of the other 
 county. It is a new question, but this i- my best judgment in the matter. Bald- 
 
 J. M ANA'.KMi.N r AND si PEKN isinx. A joint graded school, as to its man- 
 agement and teacher-, is subject to the same laws, rules and regulations as town- 
 ship graded schools [^4444. mites 11, 15], except that it is under the joint manage- 
 ment of the School Trustees of both corporations. But the teachers should attend 
 the institutes of the county and township in which the school is situated, and 
 should be under the supervision of the Superintendent of that county. Smart, 
 
 I 
 
 I 
 
 The Trustees of the two <chool corporations act as individuals, and do not as 
 a unit represent their n-peetive corporations. A majority of the whole Board of 
 Tru-tees, whether such majority come from the different corporations interested or 
 from one corporation entirely, have the power to transact any and all business, in- 
 cluding the employment of teachers, relating to such joint graded school. Han- 
 over School Township r. (iant, l'J5 Ind. 557. 
 
 3. I'KOIMKTIONAI. (>NT!;ir.rTi"N-. AVhile the section that provi-i. 
 establishment of joint graded schools by two or more distinct corporations is silent 
 as to the proportion in which each shall contribute to the expense, yet J am oi 
 opinion that their contributions should be in proportion to the number of pupils 
 they will each send to the new sclmol. Such is the rule in the case of joint dis- 
 trict schools [24513] and I think the same reasons apply to joint schools of all 
 kinds. Holcninli'\ Sn],t. 
 
 4. PrK< HAS!: r IM:"!'I:KTY. The two corporations may purchase jointly 
 State; and the Trustees are the sole judges of the right t> purchase properly 
 
 of this character. Craig School Tp. r. Scott, 1-4 Ind. 7 
 
 M\N\..IMI:M \ .misr ;KAPI:H STIIOMLS. The trustees act as individ- 
 ual trustees, and do not as a unit represent their respective corporations. A ma- 
 jority of the whole Board of Trustee-, whether such majority come from on- 
 poration entirely, or from the different corporations interested, have the power 
 to transact any and all business, including the employment of teachers relating 
 to >uch joint graded school. }'2~t Ind. 557. 
 
 . S. p. 96. Approval Marrh -'".I. 1^7'.'; ainl in fin-e -May 31,1879.] 
 
 4U7. Surplus s|KM-ial school revenue. It shall be the duty of 
 
 tin- Board <>f School TnirU-cr of any city or incorporated town in this 
 State to pay over to the Common Council or Board of Trustees of such 
 
106 SCHOOL LAW OF INDIANA. 
 
 city or town any surplus special school revenue in the hands of such 
 School Trustees, not necessary to meet current expenses ; such excess of 
 the revenue aforesaid to be applied for the payment of the interest or 
 principal, or both, of any indebtedness incurred under the provisions of 
 the act of March 8, 1873, authorizing cities and incorporated towns to 
 negotiate and sell bonds to procure means to erect and complete unfinished 
 school buildings, and to purchase any ground and building for school 
 purposes, and to pay debts contracted for the erection and purchase of 
 buildings and grounds. (1) > 
 
 1. See 4488-4490. 
 
 2. NOTE. This section appears in the Revised Statutes as 4492, but being the 
 same in effect, and almost the same in terms as 4477, and a later enactment, it is 
 here substituted for it. 
 
 3. PAYMENT FOR SCHOOL HOUSE. A city can not pay for a school house out 
 of its general fund. Such payment must be made out of a fund especially levied 
 for that purpose. Nill v. Jenkinson, 15 Ind. 425. 
 
 [1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.] 
 
 4447a. Kindergartens. In addition to other grades or depart- 
 ments now established in the common schools of the State, the Board of 
 Trustees of any incorporated town or city are hereby empowered by law 
 to establish, in connection with the common schools of such incorporated 
 town or city, a kindergarten or kindergartens for the instruction of 
 children between the ages of four and six, to be paid for in the same 
 manner as other grades and departments now established in the common 
 schools of such incorporated town or city : Provided, however, That no 
 money accruing to such incorporated town or city from the " school rev- 
 enue for tuition fund" of the State shall be used to defray the tuition 
 and other expenses of such kindergarten ; but the same may be defrayed 
 from the local tax for tuition and the special school revenue of said in- 
 corporated town or city. (1) t 
 
 [1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 
 
 444 7b. Night schools. In all cities having a population of three 
 thousaDd, or more, according to the census of 1880, the School Trustees 
 of such cities shall keep and maintain a night school, between the hours 
 of seven and nine and a half o'clock p. M., during the regular school 
 terms as a part of the systems of common schools whenever twenty or 
 more inhabitants of such city having children between the ages of four- 
 teen and twenty-one years of age, or persons over the age of twenty-one 
 years of age, and who, by reason of their circumstances, are compelled 
 to be employed, or have their children employed during the school days 
 

 I 
 
 1 
 
 SCHOOL LAW OF INDIA.NA. 107 
 
 to aid in the support of such families, who desire to and who shall attend 
 such school, shall petition such School Trustee so to do. (1) 
 
 NOTE. If a city or town has a population of :>.ooo by the census of 1890, it is 
 entitled to maintain a night school. A. G. Smith, Attij- 1 
 
 444 7c. Age of pupils. All persons between the ages of fourteen 
 and thirty, who are actually engaged in business or at labor during the 
 day, shall be permitted to attend such school. (2) 
 
 [1891, p. M8. Approved and in force March 7, 1891.] 
 
 444 7d. Manual training schools. In all cities of the State of 
 Indiana having a population of one hundred thousand or over, as shown 
 by any census taken, by lawful authority, it shall be lawful for the Board 
 of School Commissioners, or other school authorities having charge and 
 management of the common schools of said city, to establish in connec- 
 tion with and as part of the system of common schools therein, a sys- 
 tem of industrial or manual training and education wherein shall be 
 taught the practical use of tools and mechanical implements, the ele- 
 mentary principles of mechanical construction and mechanical drawing. 
 
 a) 
 
 4447e. Teachers and instruction. Such Board of School Com- 
 missioners, or other school authorities, upon establishing such system of 
 manual or industrial training and education, shall employ competent 
 instruction in the various subjects to be taught, and establish such gen- 
 eral rules and regulations for the admission of pupils and the conduct of 
 the schools wherein the same shall be taught as in their judgment will 
 produce the best results, and give instruction to the largest number of 
 pupils practicable. They may provide for such instruction in separate 
 rooms, or separate buildings, as in their judgment may be most advan- 
 tageous. (2) 
 
 44471'. Tax levying to support schools. Any such Board of 
 School Commissioners or other school authorities, having decided to es- 
 tablish such system of industrial <>r manual training, shall have authority, 
 in addition to all other taxes now authori/ed to he levied, to lew a tax 
 of not exceeding live cent- on each one hundred dollars of property 
 liable for taxation for school purposes, t> he levied and collected a- other 
 tor school purposes .an- levied and collected, for the purpose of 
 purchasing grounds and erecting buildings, or lor rcntinjr buildings 
 wherein such instruction shall be -riven, the purchase of all necessary 
 tools, implements and apparatus, and for the payment of instructors and 
 other expenses incident to the maintenance thereof: Provided, That no 
 
108 SCHOOL LAW OF INDIANA. 
 
 portion of the taxes so levied and collected shall be applied to any other 
 purpose. (3) 
 
 [1877, p. 18. Approved and in force March 3, 1877.] 
 
 4448. Things legalized. Where the excess of special school rev- 
 enue not necessary to meet the current demand upon such revenue shall 
 have been, prior to the passage of this act, loaned, paid over, or applied, 
 as provided in the preceding section, such loan, payment, or application 
 of such moneys is hereby legalized and made valid, as fully and com- 
 pletely as if this act had been in full force and effect at the time such 
 transaction took place. (2) 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4449. Teacher's reports. To enable the Trustees to make reports 
 which are required of them by this act, the teacher of each school, 
 whether in township, town or city, shall, at the expiration of the term 
 of the school for which such teacher shall have been employed, furnish a 
 complete report to the proper Trustee, verified by affidavit, showing the 
 length of the school term, in days ; the number of teachers employed, 
 male and female, and their daily compensation ; the number of pupils 
 admitted during the term, distinguishing between males and females, 
 and between the ages of six and twenty-one years ; the average attend- 
 ance ; books used and branches taught, and the number of pupils en- 
 gaged in the study of each branch. Until such report shall have been so 
 filed, such Trustee shall not pay more than seventy-five per centum of 
 the wages of such teacher, for his or her services. (20) 
 
 1. THE REPORT FINAL. The law requires a teacher to make a report to the 
 Trustee at the end of the term for which said teacher shall have been employed. 
 I think the contemplated report is a final report. It may be at the end of two,, 
 three or four months, as the case may be, or at the end of the year. I think that 
 a report made in the middle of a term would not be a final report as contemplated 
 by the law, unless the teacher at that time severed his connection with the schools. 
 Smart, Supt. 
 
 2. TEACHER EXCUSED, WHEN. If the school authorities fail to furnish a 
 building in which to teach the school, or refuse to furnish a school to be taught, 
 or wrongfully discharge the teacher, such teacher is excused from making a re- 
 port. Charlestown Township v. Hay, 74 Ind. 127. 
 
 3. WITHHOLDING WAGES. The provision on this subject is designed to give 
 the Trustee a means of securing the final report from the teateher. It will gener- 
 ally be sufficient for this purpose to withhold a part or all of the wages of the last 
 month only before the report becomes due. Any other practice would inflict on 
 teachers a hardship which I am persuaded was not intended by the Legislature. 
 Holcombe, Supt 
 
 4. SUIT. It is a part of a teacher's contract that he will make a report, and 
 until he does so he can not recover more than three-fourths of his wages, unless 
 

 SCHOOL LAW OF INDIANA. 109 
 
 the Trustee has waived the report; and the burden is on the teacher to show either 
 that he made the report or it was waived, if lie desires t<> recover the full amount 
 of his earnings. Owen School Township r. Hay, 107 Ind. 351. 
 
 11883, p. 118. Approved and in force March 6, 1883.] 
 
 4450. Trustees' report. The Trustees of each township, town 
 
 or city, shall, annually, on the first Monday of Auirust, make their re- 
 port tor the school year ending on the 31st day of July, and furnish to 
 the County Superintendent the statistical information obtained from 
 teachers of the schools of their respective townships, towns, or cities, 
 and embody in a tabular form the following additional items : The 
 number of districts ; schools taught, and their grades ; teachers, males 
 and females ; average compensation of each grade ; balance of tuition 
 revenue on hand at the commencement of the current year; amount 
 received during the year from the County Treasurer, and amount ex- 
 pended within the year for tuition; and balance on hand; length of 
 school taught within the year, in days ; school houses erected during the 
 year ; the cost of the same ; the number and kind before erected, and 
 the estimated value thereof, and of all other school property ; number 
 of volumes in the library, and the number taken out during the year 
 end! n i: the Mist day of July ; also the number of volumes added thereto; 
 nem on each one hundred dollars of taxable property, and on each 
 poll of special tax for school house erection, and amount of such levy; 
 balance <>f special school revenue on hand at the commencement of the 
 current year ; amount received during the year from the County Treas- 
 urer ; the amount of said revenue expended during the year, and bal- 
 ance on hand ; the number of acres of unsold congressional school lands, 
 tin- value thereof, and the income therefrom; together with such other 
 information as may be called for by the County Superintendent and the- 
 Superintendent of Public Instruction. (21) 
 
 1. AMI-:NI>MI:NTS. The amendment >f this section, and of sections 4431 and 
 4-441, is due t<. the recommendation of State Superintendent John M. Bloss, and 
 to ft very beneficial measure. Heretofore Tnuteea made their annual reports oi 
 
 receipt- and expenditures of school revenue^ to the ( 'onnty Superintendent on 
 SeptemlM-r 1st. ami to the County ( "ommi ioncr- early in Oft..' r Mill), in each, 
 ajM for the yrar then endin.tr. The result was great confusion In-tween the two 
 report-, rendering accuracy almost impo ilde. The amendment of the sections; 
 Drives a standard year for all financial ami -tatUtical reports of School TriiM. 
 The State Superintendent's report for Is^-J JohnM. Bloss) contains, on pages 123- 
 133, an instructive account of this matter. 
 
 2. See sections 4431, 4441 and 4452. 
 
110 SCHOOL LAW OF INDIANA. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4451. Failure to report. On failure of any Trustee to make 
 either the statistical report required by the last preceding section, or 
 the report of the enumeration required by the sixteenth section of this 
 act [4473], or the report of finances required by the seventh section 
 of this act [4441], to the County Superintendent, at the time, and in 
 the manner specified for each of said reports, the County Superintend- 
 ent to whom such reports are due shall, within one week of the time 
 the next semi-annual apportionment is to be made by the Auditor of the 
 county, notify said Auditor, in writing, of any such failure ; and the 
 Auditor shall diminish the apportionment of said township, town or city 
 by the sum of twenty-five dollars, and withhold from the delinquent 
 Trustee the warrant for the money apportioned to his township, town or 
 city, until such delinquent report is duly made and filed. For said 
 twenty-five dollars, and any additional damages which the township, 
 town or city may sustain, by reason of stopping said money, such Trustee 
 shall be liable on his bond, for which the County Commissioners may 
 sue. (22) 
 
 4452. Neglecting duties. If a Trustee shall fail to discharge any 
 of the duties of his office relative to the schools, any person may main- 
 tain an action against him for every such offense, in the name of the 
 State of Indiana, and may recover, for the use of the common school 
 fund, any sum not exceeding ten dollars ; which sum, when collected, 
 shall be paid into the county treasury, and added by the County Audi- 
 tor to said fund, and reported accordingly. (23) 
 
 4453. Failing to serve. Any person elected or appointed such 
 Trustee, who shall fail to qualify and serve as such, shall pay the sum 
 of five dollars, to be recovered as specified in the preceding section for 
 the use therein named, and in like manner added to said fund, unless 
 such person shall have previously served as such Trustee. (24) 
 
 4454. Trustee's accounts. The books, papers and accounts of 
 any Trustee, relative to schools, shall at all times be subject to the in- 
 spection of the County Superintendent, the County Auditor, and the 
 Board of County Commissioners of the proper county. (141) 
 
 4455. Examination of Trustee and his books. For the pur- 
 pose of such inspection, such County Superintendent, Auditor, and 
 Board of County Commissioners may, by subpO3na, summon before them 
 any Trustee, and require the production of such books, papers and ac- 
 counts, three days' notice of the time to appear and produce them be- 
 ing given. (142) 
 
SCHOOL LAW OF INDIANA. 
 
 Ill 
 
 I 
 
 4456. Correction of accounts Removal. If any such books 
 and accounts have been imperfectly kept, said Board of Commissioners 
 may correct them, and, if fraud appear, shall remove the person guilty 
 thereof. (143) 
 
 tl. Only the Board of Commissioners can correct the Trustee's books. The 
 nty Superintendent ha> no power to make or order corrections on his own re- 
 sponsibility, but may direct and insist Trustees in keeping their accounts and 
 securing accuracy, and for such labor lie is entitled to compensation. Holcombe, 
 Supi, 
 
 '2. INSPECTION. The County Commissioners may inspect a Trustee's books 
 to see if money paid out has been paid out according to law; and if fraud ap- 
 pears, to refuse to allow him credit for it, but otherwise they can not refuse to 
 allow his claims. LaFollette, Supt. See, also, Bicknell r. Widner School Town- 
 ship, 73 Ind. 501. 
 
 3. A trustee may be dismissed for bribing an officer, section 2051, R. S. 1881, 
 or for being interested in a public contract, section 2049, K. 8. 1881. Varies, Supt. 
 
 4. A County Superintendent may examine a trustee's books to see if tuition 
 revenue has been paid out for attendance upon township institutes (sec. 4520), and 
 he should report all frauds or inaccuracies to the County Commissioners for cor- 
 rection. Vories, Supt. 
 
 [1871, p. 20. Approved and in force March 1, 1871.] 
 
 4457. School system in large cities. In all cities of this State 
 ef thirty thousand or more inhabitants according to the United States 
 census for the year eighteen hundred and seventy, there shall be elected, 
 by the qualified electors of each school district of such city, one school Com- 
 missioner, to serve as a member of the Board of School Commissioners 
 f such city. The first regular election for School Commissioners, under 
 this act, shall be held on the second Saturday in June, in the year eigh- 
 teen hundred and seventy-one, at the places to be fixed on for holding 
 such election in the school districts of such city by the Common Council. 
 All elections for School Commissioners shall be held in the same manner 
 ae elections are now held, and shall be governed by the same laws that 
 now govern general and municipal elections. The persons declared 
 electr<i -hall have issued to them, by the City Clerk, certificates of elec- 
 tion ; and they shall, within ten days thereafter, take an oath of office, 
 and file the same with the City Clerk. All regular elections for School 
 Commission* rs shall, thereafter, be held annually, on the second Saturday 
 v* June. (1) 
 
 I. Indianapolis is the only eity which has organized its schools under this 
 nection. 
 
 4458. School districts. It i- hereby made the duty of the Com- 
 mon Council of any such city, on or before the first Monday in May, 
 1S71, by ordinance, to district the city into as many school districts as 
 
 
112 SCHOOL LAW OF INDIANA. 
 
 there are wards, and to define the boundaries of each district, and such 
 boundaries may be the present ward boundaries, or otherwise, as the 
 Common Council may determine. Such school districts shall, however, 
 be subject to change by the Board of School Commissioners at any time 
 after its organization ; and in case the number of districts is increased, 
 each additional district shall be entitled to elect one School Commissioner 
 for such district at the annual election for School Commissioners. The 
 Common Council shall, at the time such ordinance is adopted creating 
 such disricts, order an election to be held in each of such districts for 
 School Commissioners thereof, on the second Saturday in June follow- 
 ing ; and shall direct the City Clerk to give ten days' notice thereof in 
 some daily newspaper of such city. (2) 
 
 4459. Organization Term Tacancies. On the first Monday in 
 July following the first election of School Commissioners herein provided 
 for, such School Commissioners shall assemble at the office of the Board 
 of School Trustees of such city, and proceed to organize the Board of 
 School Commissioners of such city, by electing one of their number as a 
 president, one of their number as a treasurer, and one of their number 
 as a secretary ; each of which officers shall serve for one year and until 
 his successor is elected and qualified. The members of such Board of 
 School Commissioners shall then determine, by lot, which three of their 
 number shall hold office for three years, and which three shall hold 
 office for two years ; and, after having so determined, the president of 
 the Board shall issue to the persons so determined certificates entitling 
 them to hold office for the terms respectively allotted ; and the re- 
 maining members shall receive, from the president of the Board, 
 certificates showing that each is entitled to hold office for one year ; and 
 all persons elected as School Commissioners at the annual elections there- 
 after shall be entitled to hold office for three years each. All vacancies 
 occurring at any time prior to the annual election shall be filled by a 
 ballot vote of a majority of the members of such Board ; and the per- 
 .sons so elected to fill such vacancies shall serve until the next annual 
 -election for School Commissioners. All persons elected at any regular 
 /annual election, or by the Board to fill any vacancy, shall serve until 
 their successors are elected and qualified. It is hereby made the duty 
 of the Board of School Trustees in office at the time of the organization 
 of the Board of School Commissioners, to at once turn over to the Board 
 of School Commissioners all books and papers pertaining to their trust, ; 
 and to place in possession of the Board of School Commissioners all 
 moneys, title papers, and property belonging to the School Trustees of 
 Common Schools of such city ; and such Board of School Trustees shall 
 
SCHOOL LAW OF INDIANA. 
 
 113 
 
 I 
 
 after cease to perform any and all duties whatever connected with 
 he schools of such city. (3) 
 
 4460. Duties and jMnvors. Such Board of School Commissioners 
 vhy authorized 
 
 First. To district the city for the purpose of electing School Coiumis- 
 noners therein, and also to subdivide the city for general school purposes. 
 
 Second. To levy a!! taxes for the support of the schools within such 
 city, including such taxrs as may he required for paying teachers, in ad- 
 dition to the taxes now authorized to he levied by the General Assembly 
 of this State by the general laws thereof: Provided, No such tax levy, 
 in any one year, shall exceed the sum of twenty-five cents on each <>IK> 
 hundred dollars of the taxable property, as assessed for city taxes hy the 
 City Assessor, for purchasing grounds, building school houses, and fur- 
 nishing supplies for such buildings; or twenty-five cents on each one 
 hundred dollars of such taxable property, for the purpose of paying 
 teachers. 
 
 Third. To levy a tax, each year, of not exceeding one-fifth of one 
 mill on each dollar of taxable property assessed for city taxes by the 
 City for the support of free libraries in connection with the 
 
 common school.- <{' such city; and to disburse any and all revenue raised 
 by such tax levy in the purchase of books, and in the fitting up of suit- 
 able rooins for. such libraries, and for salaries to librarians; also to make 
 and enforce such regulations as they may deem necessary for the taking 
 ut from and returning to, and for the proper care of, all books belong- 
 ing to such libraries, and to prescribe penalties for the violation of such 
 regulations. 
 
 Fourth. To examine, either by a committee of such Board of School 
 Commissioner-; or by an officer of such Board, selected for that purpose, 
 all teachers applying f"f positions in the schools of the city; and to 
 ii as may be qualified such license to be limited to the city 
 in which the -a me i> granted. 
 
 Fiji tl. To purchase grounds, construct school buildings, purchase 
 supplies, employ and pay teacher.-, appoint Superintendents, and dis- 
 burse, through the trea.-urer of the Hoard of School Commissioners, 
 moneys for all school and library exp-n>es. 
 
 SidJt. To require the treasurer of the Board of School Commission- 
 er- t-> give bund in such sum, and with such r-urety, as the Board may 
 
 termini-, for the faithful discharge of his duties, and for the safe-keep-^ 
 ing and faithful accounting for all moneys that may come into his hands 
 
 such treasurer. 
 
 Seventh. To establish and enforce regulations for the grading of and 
 
 BOOL LAW. 
 
114 SCHOOL LAW OF INDIANA. 
 
 course of instruction in the schools of the city, and for the government 
 and discipline of such schools. 
 
 Eighth. To prepare, issue and sell bonds to secure loans, not exceed- 
 ing in the aggregate the sum of one hundred thousand dollars, in antici- 
 pation of the revenue, for building school houses, to bear such rate of 
 interest, not exceeding ten per cent, per annum, and payable at such 
 time, within five years from date, as the board may determine ; and the 
 money obtained as a loan on any such bonds shall be disbursed by order 
 of such Board, in payment of expenses incurred in building school 
 houses : Provided, That until all the bonds of any one issue shall have 
 been redeemed, such Board shall not be authorized to make another 
 issue ; nor shall any such bonds be sold at a less rate than ninety-five 
 cents on the dollar. (4) 
 
 1. CAN NOT LEVY POLL TAX. The Board of School Commissioners has no 
 power to levy a poll tax for the support of the common schools of the city, or for 
 a special fund for the support of such schools. The Board v. Magner, 84 Ind. 67. 
 
 2. FIFTH AND EIGHTH CLAUSES. Under the fifth clause the School Com- 
 missioners have power to contract for the erection and completion of school 
 houses, and to agree to pay therefor partly in cash and partly on time, and to make 
 and deliver their notes for the deferred payments, which are valid obligations, 
 binding upon their school cities, notwithstanding the fact that there may be at the 
 time outstanding bonds to the amount of $100,000, issued and sold under the 
 eighth clause, to secure loans in anticipation of the revenue, for building school 
 houses, and that such money had been disbursed for that purpose. The powers 
 conferred under the fifth clause are limited only by the educational wants of the 
 school corporations under the Board's control, in the exercise of a sound and reason- 
 able discretion. The eighth clause was not intended to be, and is not, a limitation 
 upon the general powers conferred upon the Board by the fifth clause. It confers 
 additional and extraordinary powers not conferred upon school corporations gen- 
 erally, and the proviso therein contained is a limitation only on the Board's exer- 
 cise of such additional and extraordinary powers, Fatout v. Board, etc., 102 
 Ind. 223. 
 
 3. NOTES. Notes executed by the Board in settlement of just debts fairly 
 contracted for the legitimate purposes of the school corporation, do not come with- 
 in the meaning of the eighth clause, or of the proviso, and are valid. Fatout v. 
 Board, etc , 102 Ind. 223. 
 
 4. TAX LEVY. See Act* 1885, p. 17, Sec. 9. 
 
 5. MECHANIC'S LIEN PUBLIC POLICY. A mechanic's lien for work done, or 
 materials furnished, in the erection of a public school house, can not be acquired 
 r enforced. It is against public policy. 102 Ind. 223, overruling 17 Ind. 225. 
 
 4461. Tax collection and payment. All levies of taxes made by 
 order of the Board of School Commissioners shall be certified by its 
 president and secretary to the City Clerk, who shall cause the same to 
 be placed on the tax-duplicate against all property assessed for city 
 taxes ; and the City Treasurer shall collect the same as city taxes are 
 

 SCHOOL LAW OF INDIANA. 115 
 
 i 
 
 jllected, and .-hall, once in each month, pay over all such taxes BO col- 
 
 i jcted to the treasurer of the Board of School Commissioners of such 
 
 ity. All taxes hereafter collected by the County Treasurer for school 
 
 urposes on levies hereafter made, and all moneys that may be hereafter 
 
 istributed as part of the common school fund by county officers, to 
 
 rhich the common schools of such city shall be entitled, shall be paid 
 
 ver by the County Treasurer to the treasurer of the Board of School 
 
 Commissioners ; and all taxes hereafter collected by the City Treasurer 
 
 >n levies heretofore made for school purposes, shall be paid over by such 
 
 Treasurer, once in each month, to the treasurer of the Board of School 
 
 Jommissioners of such city. (5) 
 
 4462. Sessions Record No pay. The said Board of School 
 Commissioners shall hold its sessions at such times as it may determine, 
 and shall keep a record of all its proceedings. The members of such 
 Board shall serve without any compensation whatever. (6) 
 
 4463. General school law in force. All parts of the general 
 school laws of this State, not inconsistent herewith, and which may be 
 applicable to the general system of the common schools in such city, 
 herein provided for, shall be in full force and effect in such city. (8) 
 
 n 
 
 [1877, r- 123. Approved and in force March 3, 1877.] 
 
 4464. Temporary loans. The Board of School Commissioners of 
 any city embraced within the provisions of sections 4457 to 4463, may, 
 whenever the funds for the support of the common schools in such city 
 throughout the regular school year shall be insufficient or exhausted, 
 make temporary loans for the support of such schools during such time, 
 and until tin 1 receipt of the school revenue of the current year; but no 
 more than is sufficient for such purpose, nor the amount of such revenue 
 for the current year, .-hull be borrowed at any one time, and no further 
 loan shall be made until such temporary loan shall be paid. (1) 
 
 I'll. Approved and in force March ft, 1889.] 
 
 4464a. Bonds to pay debts. Boards of School Commissioners in 
 
 all cities of this State having thirty thousand or more inhabitants ac- 
 cording to the United States census for the year eighteen hundred and 
 seventy, are hen-by authorized to prepare, issue and sell bonds to secure 
 loan- not exceeding in the ; -, at anyone time, the sum of two 
 
 hundred and fifty thousand dollar.-, in anticipation of the revenue for 
 purchasing grounds and building school houses, to bear such rate of in- 
 . not exceeding six per cent, per annum, and payable at such time 
 within ten years from date as the Board may determine ; and the money 
 obtained as a loan on any such bonds shall be disbursed by the order of said 
 
 
116 SCHOOL LAW OF INDIANA. 
 
 Board in payment of indebtedness incurred in the purchasing of grounds, 
 or building of school houses, or in refunding any bonds or other evidence 
 of indebtedness issued for such purpose. Such bonds may be issued in 
 such denominations and in such sums as the Board of School Commis- 
 sioners may deem to be expedient : Provided, That at no time shall the 
 amount of such bonds so issued by any such Board of School Commis- 
 sioners, then outstanding, exceed said sum of two hundred and fifty 
 thousand dollars : And provided, further, That such bonds shall not be 
 sold for less than their par value. (1) 
 
 NOTE. For tax to build and support libraries in large cities. See $4527 A. 
 to 4527 E. 
 
 ARTICLE III TAXATION. 
 
 5. p. ]82. Approved and in force March 1, 1893.] 
 
 4465. State tax. There shall be in the year 1893, and annually 
 thereafter, assessed and collected, as other taxes are assessed and col- 
 lected, the sum of thirteen and one-half cents on each one hundred 
 dollars' worth of taxable property, and fifty cents on each taxable poll 
 in the State, which money, when collected, shall be paid into the School 
 Revenue for Tuition Fund in the State Treasury, and shall be appor- 
 tioned to the several counties of the State in the manner now provided 
 by law. (3) 
 
 1. An act of 1873 (p. 216) legalized tax levies for tuition made by School 
 Trustees of cities prior to January 21, 1875. 
 
 [1869, S. p. 41. Approved and in force May 13, 1869.] 
 
 4466. Uniform tax. In assessing and collecting taxes for school 
 purposes under existing laws, all property, real and personal, subject to 
 taxation for State and county purposes, shall be taxed for the support of 
 common schools, without regard to the race or color of the owner of the 
 property. (1) 
 
 [1873, p. 68. Approved and in force March 8, 1873.] 
 
 4467. Special tax. The Trustees of the several townships, towns, 
 and cities shall have the power to levy a special tax, in their respective 
 townships, towns, or cities, for the construction, renting, or repairing of 
 school houses, for providing furniture, school apparatus, and fuel there- 
 for, and for the payment of other necessary expenses of the school, ex- 
 cept tuition ; but no tax shall exceed the sum of fifty cents on each one 
 hundred dollars' worth of taxable property and one dollar on each poll, 
 
f 
 
 SCHOOL LAW OF INDIANA. 117 
 
 
 one year, and the income from paid tax shall be denominated the 
 school revenue. Any tax-payer who may choose to pay to the 
 misurer of the township, town, or city wherein said tax payer has prop- 
 rty liable to taxation, any amount of money, or furnish building ma- 
 ?rial for the construction of school houses, or furniture or fuel therefor, 
 lall be entitled to a receipt therefor from the Trustee of said township, 
 y\vn, or city, which shall exempt- such tax-payer from any further taxes 
 3r said purposes, until the taxes of said tax-payer, levied for such pur- 
 oses, would, if not thus paid, amount to the sum or value of the ma- 
 erials so furnished or amount so paid : Provided, That said building 
 aaterials, or furniture and fuel, shall be received at the option of said 
 trustee. (12) 
 
 1. THE SECTION CONSTITUTIONAL. This question is decided in Kose r. Bath 
 Tp., 10 Ind. 18, and several other cases. 
 
 The school corporations of the State can not be authorized by statute to estab- 
 ish and maintain schools separate and apart from the common school system of 
 lie State. Such a statute is unconstitutional. But they are not prohibited from 
 tiding those common schools established under the supervision of the State, by 
 evying a special tax. Lafayette r. Jenners, 10 Ind. 70; Greencastle Tp. r. Black, 
 
 I) Ind 
 '2. WHO LI:VIKS. There can be no doubt but that the special tax authorized 
 o be levied l>y section 12 of the school law is to be levied by the Trustee of the 
 >chool township or by the Trustees for school purposes appointed by towns and 
 hies. H 'in-Ill a, Atty-Gen. See note 8. 
 It seems to me that the School Trustees levy the taxes authorized by section 1 
 f the M-liiMil law. 7?Min'//, Atti/.-Gen. See note 6. 
 This view i^ sustained by the doctrine of Carmichael r. Lawrence, 47 Ind. 
 .-,4. 
 3. HAVE NO CONTROL. By an act approved March 8, 1873, 
 
 [$4467], tlu- Lci_M>lature amended the act of 1865, giving Trustees the absolute 
 rii:ht to levy a special tax by increasing the amount from twenty-five cents to fifty 
 cents, and reaffirming the former law, otherwise in the very words of it. This 
 clearly removes all authority of Commissioners over the Trustees in making their 
 >j.ecial school levies. //O/*/-/'HX, ^ujit. See notes 8 and 9. 
 
 The Hoard of County Commissioners has no control over School Trustees in 
 the levy of school taxes. Smart, Sup(. See notes 8 and 9. 
 
 4. Si'iu-i.rs. A surplus in the special school fund can not be transferred to 
 the tuition fund and used for the payment of teachers. Mirht ncr, Atty.-(i>n. 
 
 r>\NK ST<>< K. Shares of hank stock in a national bank are liable to the 
 
 special tax authorized by this section. I>aniels r. Strader, 3J< Ind. 63; Root r. Er- 
 delmeyer, 37 Ind. '1'1\ atHrining 1 Wilson, 99. 
 
 i>. WHO LKVIES AND COLLECTS. The School Trustee of a school township 
 levies the special tax authorized l>y this section ; the County Auditor extends it on 
 the tax duplicate, and the County Treasurer collects it. LaFollttte, Su},t 
 notes _>, s and 9. 
 
 r'. CoNsTiTrTioNAL LIMIT OF DEBT. Where the indebtedness of a city or 
 ha? reached the constitutional limit of two per cent., it may contract for and 
 
118 SCHOOL LAW OF INDIANA. 
 
 erect school houses, the cost of which to be paid in such installments as will fall 
 within the annual income from the special school tax levy. A. G. Smith, Atty.- 
 Gen. 
 
 8. BOARD OF SCHOOL TRUSTEES OF CITY HAS POWER TO MAKE LEVY INDE- 
 PENDENT OF COMMISSIONERS DUTY OF AUDITOR TO MAKE AND EXTEND THE 
 ASSESSMENT. A Board of School Trustees, for the purpose of creating a special 
 school revenue in accordance with sec. 4467, R S. 1881, levied a special school 
 tax of 40 cents on each $100 of taxable property in the city, and 50 cents on each 
 poll. The special levy was duly certified to the Auditor of the county with the 
 request that he make the proper assessment of the special school tax as levied by 
 the Board of Trustees, and extend the same upon the tax duplicate; but the 
 Auditor, under the direction of the Board of Commissioners, failed and refused 
 to extend the assessment on the tax duplicate, and modified the levy made by the 
 Board of School Trustees. Held, that section 4467, K. S. 1881, authorizes a Board 
 of School Trustees of a city to levy the tax independently of the Board of Com- 
 missioners, and when made it is the duty of the Auditor to make the assessment 
 and extend the same on the tax duplicate. Wood, Auditor, v. School Corporation 
 of City of Tipton, 132 Ind. 206. 
 
 9. COMMISSIONERS HAVE NO CONTROL OVER LEVY MADE BY TOWNSHIP 
 TRUSTEE. The expression of the law in 132 Ind. 206 (note 9 above) applies as 
 well to levies made by Township School Trustees as to School Trustees in cities. 
 In making levies for school purposes the Trustee acts as Trustee of the school 
 corporation, not the civil corporation, and therefore sec. 5995, K. S. 1881, which 
 refers to the levying of taxes for civil purposes, does not authorize the Commis- 
 sioners to control the Trustee in levying taxes for school purposes. Varies, Supt. 
 
 10. GENERAL LAW T S UNIFORM SYSTEM OF SCHOOLS. A system that secures to 
 all the various subdivisions of the State equal arid uniform rights and privileges, 
 leaving only to the local authorities the right, under the law, to govern the local 
 school affairs, is a general and uniform system, and a law providing such a system 
 is a general law within the meaning of the Constitution. 102 Ind. 307. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4468. Assessment and collection. The County Auditor shall, 
 upon the property and polls liable to taxation for State and county 
 purposes, make the proper assessments of special school tax levied by 
 the Trustee, in the same manner as for State and county revenue, and 
 shall set down the amount of said tax on his tax-list and duplicate 
 thereof, as other taxes are set down, in appropriate columns ; and he 
 shall extend said assessment to the taxable property of the person trans- 
 ferred, which is situate in the township, town or city to which the trans- 
 fer is made, and to the property and poll of the person transferred, sit- 
 uate in the township, town or city in which the person taxed resides, ac- 
 cording to the rate and levy thereof in the township, town or city to 
 which the transfer is made, and for its use ; and said tax shall be collected 
 by the County Treasurer as other taxes are collected, and shall be paid, 
 when collected, to the Treasurer for school purposes of the proper town- 
 

 hip, town or city, upon the warrant of the County Auditor. To enable 
 1 Bounty Auditors correctly to assess said tax, the County Superintendents 
 f the several counties shall, at the time they make out and report to the 
 Auditor the basis of the apportionment of school revenue for tuition, as is 
 equired by section 4432, make out and report to said Auditor a state- 
 nent of transfers which have been made for school purposes according 
 jo sections 4472 and 4473. (13) 
 
 1: See sections 44:i2, 447'J and 4473 and notes. 
 
 2. To receive township money. See section 6000, R. S. 1881. 
 
 [1867, p. 30.' Approved March !>. 1N>7. and in force June 6, 1867.] 
 
 4469. Local tax for tuition. The Trustees of the civil townships, 
 the Trustees of incorporated towns, and the Common Councils of cities 
 shall have power to levy, annually, a tax not exceeding twenty-five cents 
 on each one hundred dollars of taxable property and twenty-five cents 
 on each taxable poll ; which tax shall be assessed and collected as the 
 taxes of State and county revenues are assessed and collected. (1) 
 
 tl. WHO LEV IKS. It seems to me that the civil trustees of towns levy this 
 . The act says, the Trustees of the civil townships. Baldwin, Atty-Gen. 
 2. BY WHOM ASSESSED. The local tuition tax should be assessed and col- 
 ___ted by the County Auditor and Treasurer, as in the case of the special school 
 tux. Though not provided in so many words that it shall be extended to the 
 property of a transferred person, yet, inasmuch as his property is subject to 
 the tax in some place, it is justice and equity that the corporation to which he 
 transfers should have the benefit of it. But the statute makes some general state- 
 ments which were, no doubt, intended to cover just such cases as the one that has 
 here arisen. It provides that the funds arising from such tax shall be under the 
 charge and control of the same ojfifcrs, secured by the same guarantees, subject to the 
 -arm- //'> ami regulati'm,*, etc.. a- funds arising from taxation for common school 
 pappose*, by the laws of this State. The conclusion, therefore, is inevitable that 
 the tuition tax should be extended to the property in the township of the trans- 
 ferred jx-'-M,n, and that it should be controlled by the county officers, and township 
 and school Trustee*. llf>kiny, Xiif>t. 
 
 KKK>. A County Treasurer is not entitled to retain fees from the local 
 tax for tuition collected by him. and the Attorney-General is authorized to require 
 <-ountieN to make up the account of fees deducted by officers from such tax. 
 JfiVAcner, Atty-' 
 
 4. Coxsrrn'TiONAi. The tax authorized by this section is valid, the section 
 fceiug constitutional. Hol-in^m /. Svhenck, 102 Ind. 807. 
 :,. s.-,- - ction 44#7, note 9. 
 
 4470. Local tax, how applied. The funds arising from such tax 
 uhall be under tin- charge and control of the. fame officers, secured by 
 the *umj guarantees, -abject t' the same rules and reirulations. and ap- 
 plied and expended in the same manner as funds arising from taxation 
 
120 SCHOOL LAW OF INDIANA. 
 
 for common school purposes by the laws of this State : Provided, That 
 the funds assessed and collected in any civil township, incorporated 
 town, or city, shall be applied and expended in the same civil township, 
 incorporated town or city in which such funds shall have been assessed 
 and collected. (2) 
 
 1. ANTICIPATING. This revenue is not forbidden to be anticipated, as is the 
 State's tuition revenue. Harney v. Wooden, 30 Ind. 178. 
 
 2. TAX ON PERSONS TRANSFERRED EEPORT. Tax received by the Township 
 Trustee from the County Treasurer which has been collected by him from persons 
 transferred to such township must be applied to the tuition fund of such township 
 under the head of " miscellaneous "receipts." LaFollette, Supt. 
 
 [1871, p. 209. Approved and in force March 11, 1871.] 
 
 4471. Special tax to pay debts. In all cases where any Town- 
 ship Trustee may have heretofore made and contracted debts against any 
 township in the construction, repairing, or completion of school houses, 
 or in providing furniture or school apparatus therefor, and the special 
 school revenue tax, as provided for in section 4467, shall be insufficient 
 to satisfy, pay, and liquidate debts so made and contracted by such 
 Trustee, then, and in that case, it shall be lawful and such Township 
 Trustee is hereby authorized to levy an additional tax of not exceeding 
 twenty-five cents on each one hundred dollars' worth of taxable prop- 
 erty, in any one year, to the amount now authorized to be levied under 
 said section, for the purpose of paying, satisfying, and liquidating the 
 debts made and contracted by said Trustee, for the purposes aforesaid ; 
 and it shall be lawful and said Trustee is hereby authorized to make said 
 levy for each and every year after the passage of this act, until said 
 debts, made and contracted as aforesaid for the purposes aforesaid, shall 
 be fully paid, satisfied and liquidated : Provided, That nothing in this 
 act shall be construed to alter, change, modify, repeal, or in any way 
 conflict with section 4467 : Provided, further, That such additional levy 
 shall only be made after the legal voters of the township to be affected 
 thereby shall have declared in favor thereof. (1) 
 
 1. TIME LIMITED. This section applies to such debts only as were contracted 
 previous to its taking effect, March 11, 1873, and does not authorize a levy to pay 
 any indebtedness created since that date. Hord, Atty-Gen. 
 
 2. MANDATE. It is the duty of the Trustee of a township to apply the tuition 
 funds of the township, when received, to the payment of its indebtedness for tuition, 
 and the performance of such duty may be enforced by mandate. State v. Coop- 
 rider, 96 Ind. 279. 
 
SCHOOL LAW OF INIHANA. 
 
 121 
 
 
 . 171. Approved and in force April 10, 1885.] 
 
 44 7 la. Tax to complete town school houses and to support 
 
 t vn schools. &-i'nitt't-ntli. Such Board of Trustees shall have power 
 t complete school houses now in progress of erection, and provide for 
 1 ie payment of the same ; to erect or provide such school houses as may 
 1 e necessary for the use of schools of the town, to keep them in repair, 
 j :id to provide fuel and other necessaries therefor. 
 
 Xindeenth. The said Hoard of Trustees shall have power to levy and 
 < .licet annual taxes not exceeding thirty cents on the one hundred dol- 
 
 u> valuation on all property subject by law to taxation, for the support 
 
 f town -ehooLs within their said corporation. 
 
 1. COXSTITUTIONALITY DOUBTFUL. The provisions are of very uncertain 
 alidity. They confer certain powers upon towns without, at the same time, con- 
 erring them upon cities and townships, which are likewise school corporations. 
 V provision in the -chool law ot' 1 >.V>, conferring similar powers upon towns and 
 hie-, hut not upon townships, was declared constitutional in the case of City of 
 .,afayttie v. -Jenners, KI Ind. 7d, in which it was said p. 77 : "The State is divided 
 nto district- for common >cho<,l purposes. The cities and towns form a part of the 
 li-trict-. and mu-t do so to render the school system general and uniform. Now, 
 uppo-e the school law, in terms provided that taxation for common schools and 
 :he management of the system should be uniform except in that portion of the 
 <chool districts situated in towns and cities; hut that in such district a tax addi- 
 tional to that levied in the rural districts might be imposed, and a different organ- 
 ization and management of the schools adopted, would any one pretend that the 
 w thus framed was uniform in its operation as required by the Constitution, and 
 local'/ Yet Mich is the -clio.,1 law of the State, if the act of 1855 is a part of 
 This doctrine is reaffirmed by the following language in the rpcent case of 
 Kobin-on v. Schenck. lo-J Ind. : "The duty rests on the Legislature to adopt the 
 -tern that can be framed, but it, and not the courts, is to judge what is the 
 There is this limitation on the legislative power, the system must be a 'gen- 
 eral and uniform ' one. and tuition must be open and free to all ; but the extent of 
 thi- limitation is this, and nothing more, the Legislature shall not make an unequal 
 distribution of money derived from a general levy, or make an unequal levy, or 
 grant to some school corporations benefits or rights withheld from others. This is 
 neral and uniform system contemplated by the Constitution." At all events, 
 the provisions in question are superfluous as the subject-matter is siitliciently pro- 
 vided for by other statutes relating equally to cities, towns and townships. 
 combe, 
 
122 SCHOOL LAW OF INDIANA. 
 
 ARTICLE IV ENUMERATION. 
 
 [1873, p. 68. Approved and in force March 8, 1873.] 
 
 4472. Trustee to take His duties. The Trustees of the sev- 
 eral townships, towns and cities shall, between the first of March and 
 the first of May in each year, make .an enumeration of the children, 
 white and colored, within their respective townships, towns and cities, 
 between the ages of six and twenty-one years, exclusive of married per- 
 sons; and in making said enumeration, the Trustee shall distinguish 
 between the white and colored children, enumerating them in separate 
 lists, and shall list the names of parents, guardians, or heads of families, 
 male and female, having charge of such children ; and opposite each 
 name, in appropriate columns, shall be entered the whole number of 
 children in charge of the person so named, specifying, particularly, the 
 number of males, the number of females, the number of the school to 
 which such person is attached for school purposes, and the number and 
 initials which designate the congressional township in which such person 
 resides ; including in said list and enumeration the names of such per- 
 sons as have been transferred to this township, town or city, from other 
 townships, towns or cities, and the enumeration of their children, and 
 excluding therefrom the names and number of children of such persons 
 as have been transferred from his township, town or city, to other town- 
 ships, towns or cities. Each Township Trustee, upon making the first 
 enumeration after the taking effect of this act, shall inquire of each per- 
 son whose name he so lists, to which school he or she desires to be at- 
 tached ; and such persons, upon making their selection, shall be consid- 
 ered as forming the school district of the school selected, and none shall 
 be allowed thereafter to attach themselves to, or have the privilege of, 
 any other school but by the consent of the Trustee, for good cause shown. 
 At subsequent enumerations, the same inquiry shall be made by the 
 Trustee .of the parent, guardian or head of family, having charge of 
 children between the ages aforesaid, whose residence has been changed, 
 or whose children have become subject to be enumerated for the first 
 time since the last enumeration. In case a change in the location of a 
 school in the township has been made since the last enumeration, the 
 Trustee shall make the same inquiry of the persons whose school privileges 
 are affected by such change. But such inquiries need not be made by 
 the Trustee of incorporated towns and cities when they take their enu- 
 merations. The persons listed in each of such towns and cities shall be 
 considered as forming but single school districts therein, distinct from 
 the townships in which they are situated. (14) 
 
i 
 
 1. WHO MAY HE ENUMERATED. Only persons between the ages of 5 [now 6] 
 ai i 21 years are entitled to be enumerated, and to have the benefits of the common 
 < lools. Draper v. Cambridge. L'n Ind. -JjJ.s. A minor attain- to :M years of age 
 o; the day preceding the twenty-first anniversary of his birth. Wells c. Wells, 
 C. nd. 447. 
 
 2. RESIDENCE. The legal domicile and residence of a minor, not emanci- 
 p ted, is that of his parents. Parents residing in another State can not send their 
 ( ildren into this State for the purpose of procuring an education, and enable 
 t em to acquire such a residence here as will entitle them to admission into the 
 ( mmon schools of this State, unless the circumstances are such as will create a 
 /. mi fide legal residence here. Wheeler v. Brown, 18 Ind. 14. See notes 7 and 10. 
 
 While this sect ion declares that the privileges of the school shall be limited to 
 - irh persons as were attached to the school at the time of the enumeration, it must 
 
 ot be so construed as to exclude persons who move into a district after the enu- 
 
 icration. Such a construction would, in many cases, work serious detriment. 
 
 loss, Stiff. 
 
 H. NON-RESIDENT STUDENTS. Persons residing temporarily within a corpo- 
 
 ation, for the purpose of studying at a school or college there located, do not 
 ; cyjuire a legal residence therein, and the Trustees of such corporation have no 
 
 lore right t<> enumerate them than they would have to enumerate a Sunday-school 
 
 lienic from a neighboring county that they might chance to find spending a day 
 
 vith in their borders. Bloss, Supt. 
 
 4. CHOICE OF DISTRICTS. It should be borne in mind by the Trustee that the 
 ;hoice of a school district is not to be an annual, but a permanent, choice; and it 
 ff\\\ be well to inform every parent or guardian, at the time of making the enu- 
 meration, of the permanent character of the preference thus to be expressed, s 
 that there -hall l>e no just cause of complaint on the part of any. Mitts, Supt. 
 
 A person may be detached from one district and attached to another at any 
 time during the year, with the consent of the Trustee, upon presentation to him 
 of a suitable reason therefor; but a person whose school privileges have been af- 
 fected by his removal, or by the re-location of a school house, has the right at the 
 next enumeration to choose a district in the township to which he will be 
 attached. Smart, Supt. 
 
 The distinction must be observed between a transfer and an attachment to a 
 district, the former being a change from one corporation to another, the latter 
 from one district to another in the same corporation. Bloss, Supt. 
 
 5. CHOICE OF SCHOOLS IN CITIES AND TOWNS. There is no provision in the 
 law, that we are aware of, authorizing parents or guardians to determine to which 
 one of the schools they will send their children in towns and cities. These mat- 
 are managed, we believe, by the Trustees exclusively, in towns and cities, 
 
 doubtl. . to M>me extent, consult the wishes of the inhabitants, having in 
 w the grade of the school which it is proper that any given pupil should at- 
 tend, the convenience of parents and the surrounding circumstances. Crawfords- 
 ville i'. Hays, 44 Ind. 'Ji>7. 
 
 (i. TRANSFERRED PERSONS. I believe that it is the duty of the School Trus- 
 tee of the corporation to which the transfer is made to enumerate the transferred 
 person, even though he is obliged to go outside his civil corporation to do this. 
 Smart, Supt. 
 
 7. PRIVILE*.: .IAIN CHILDREN. The School Trustees are required to 
 
 "make an enumeration of the children, white and colored, within their respective 
 
 = 
 
124 
 
 SCHOOL LAW OF INDIANA. 
 
 townships, towns and cities," and to "list the names of parents, guardians or heads 
 of families, male and female, having charge of such children." The law in this 
 section recognizes three distinct relations in which the person having charge of a 
 child may stand to the child, viz., parent, guardian and head of a family. The 
 term " heads of families" must refer to a relation not included in the terms 
 "parents" and " guardians." I think it is intended to cover cases where a person 
 has children of school age in his home and under his protection, whether as em- 
 ployes or as members of his family, though without formal adoption or legal 
 guardianship. But there are other cases which the provision of the statute as to 
 listing names does not include, but which must be provided for under the require- 
 ment for enumerating the children within the several corporations. The domicile 
 of a minor is with his parent or guardian, and in theory every minor is supposed 
 to have a guardian. But, in fact, many are completely sui juris, independent of 
 parental control or support, and living by their own labor. The homes of such, 
 for the purposes of this section, must be the places where they are employed or stay 
 without any immediate intention of departing therefrom. No one can be said to 
 have charge of them, they do not live at the homes of their employers, and are not 
 under their protection as heads of families. They are none the less entitled to 
 school privileges under what our Constitution requires to be a " general and uniform 
 system of common schools, wherein tuition shall be without charge, and equally 
 open to all." 
 
 The Supreme Court remarks, incidentally, in Johnson v. Smith, 64 Ind. 275 : 
 " The theory of these statutory provisions is, that each and every child of the proper 
 age, without regard to race or color, within the limits of this State, is entitled of 
 right, and without charge for tuition, to the benefits of such an education as may 
 be obtained in and by our common schools." 
 
 I hold, therefore, that all persons between the ages of six and twenty-one years 
 are entitled to school privileges, and may be enumerated in the school corporations 
 in which they, in good faith, have their home understanding home in the general 
 sense, not in the technical sense of legal domicile. Those who are in any way in 
 charge of a resident head of a family should be so enumerated ; those who can not 
 be so assigned may be enumerated as without guardian. In acting under this in- 
 terpretation Trustees should guard against imposition, by finding out whether the 
 case can be brought under the law of transfer (4473 and 4474) ; and, if not, whether 
 the child is dependent upon himself for support, or upon the person with whom he 
 lives. In either case he should be admitted to the schools. But children can not 
 legally be maintained and sent to school by parents or guardians in corporations 
 other than those in which they themselves reside, nor can a minor become a resi- 
 dent of a school corporation merely to acquire an education therein. (Note 2, 
 above.) Holcombe, Supt. See note 10. 
 
 8. YOUNG CHILDREN. While a child not six years of age at the time of enu- 
 meration can not be enumerated, yet if he becomes six years of age after such enu- 
 meration and before the next enumeration, he is entitled to school privileges after 
 he arrives at the age of six. LaFollette, Supt. 
 
 9. COLORED CHILDREN. The Township Trustee will not be compelled by the 
 courts to make a separate list of colored children, unless a separate school for them 
 is practicable. State v. Grubb, 85 Ind. 213. 
 
 10. POOR CHILDREN ENUMERATION OF. To establish the rule that a minor 
 can not have a residence for school purposes other than that of his parents would 
 in many cases deprive such minor of all benefits of such schools. When the 
 
linor has poor parents the poverty of the parents renders it absolutely necessary, 
 i ninny cases that a home for the minor children should be found in places differ- 
 nt from that of the parents; and under the construction insisted upon by the 
 .arned counsel for the.relator (the School Board), such unfortunate children, for 
 benefit our free schools were especially instituted, would be deprived of all 
 Benefit of them. 
 
 But the residence of pupils, with or without legal domicile, should not be 
 :hanged for the sole purpose of taking advantage of the best schools. The opin- 
 on continues : Effort has been made to guard against the precipitancy of non- 
 esidents to points where superior advantages exist, and schools of a high order 
 ire maintained, by holding that such children only are entitled to free tuition as 
 ire actually residing in the district for other, as a main purpose, than to partici- 
 pate in the advantages which the school affords. State r. Thayer, N. W. Rep., 
 vol. 41, p. 1014. 
 
 The Trustee should investigate all doubtful cases to see that no fraud is 
 practiced upon his corporation, but he should at the same time remember that it 
 is a very serious matter to deprive a child of the privileges of the public school. 
 Rich or well-to-do parents or guardians should not be permitted to dodge the re- 
 sponsibility of school taxes, but if the parent is poor it is economy as well as 
 humanity to err on the side of the poor; and in the education and moral uplift- 
 ing of the child the corporation will be the gainer, financially and morally. 
 '.<, Supt. 
 
 11. MANDATE PLEADINGS. In an application for a mandate to enforce the 
 ad mi-<i<>n of a person to a common school, the complaint should affirmatively 
 show that the applicant is under twenty-one and not under five [now six] years of 
 age, and unmarried, or such complaint will be bad on demurrer. Draper v. Cam- 
 bridge, 20 I ml. 
 
 B12. See sec. 4496 a, notel. 
 [1866, p. 3. Approved and in force March 6, 1865.] 
 4473. Transfer. When persons can be better accommodated at 
 .he school of an adjoining township, or of any incorporated town or 
 city, the Trustee of the town or city in which such persons reside shall, 
 it' such person so request, at the time of making the enumeration, trans- 
 fer them, for educational purposes, to such township, town or city, and 
 notify the Trustee of such transfer ; which notice shall furnish the enu- 
 meration of the children of the persons so transferred. Each Trustee 
 shall, with his report of the enumeration, report distinctly the persons 
 transferred to his township, town, or city, for school purposes ; indicating 
 in said report the number of children in charge of the persons trans- 
 ferred, with the same particularity that is observed in the enumeration. 
 16) 
 
 
 I 
 
 
 1. THE RIGHT OF TRANSFER. Persons can be transferred at no other time 
 than the enumeration, and then only when the Trustee i- satisfied that they can be 
 better accommodated. Fletcher, Supt. 
 
 APPEAL. The right to l>e transferred is not absolute, depend ing upon the choice 
 of the citizen, like the right to be attached to any school in his township. It can 
 
126 SCHOOL LAW OF INDIANA. 
 
 only be claimed if he "can be better accommodated" by such transfer, and the 
 power of the Trustee to make the transfer depends upon the existence of that condi- 
 tion. Of necessity, then, he must determine whether or not the condition exists, 
 and act upon such determination. But his decision is not final. Section 4537 ex- 
 pressly provides for an appeal to the Examiner from all d'ecisions of the Trustee 
 relative to school matters; and for the purpose of preventing, as far as can be 
 vexatious litigation, provides that the decision of the Examiner shall be final as 
 to certain matters, among which is enumerated "transfers of persons for school 
 purposes." Fogle v. Gray, 26 Ind. 345. 
 
 2. To WHAT CORPORATIONS. The word adjoining must be observed. Persons 
 can only be transferred from one township to an adjoining township. It is difficult 
 to see how a person (in view of the regularity with which our townships are laid 
 out) could be better accommodated in a township not adjoining that in the one of 
 his residence. But the word adjoining does not apply to towns and cities, except 
 that it appears from $4474 that the city must not be farther away than the adjoin- 
 ing county. Bloss, SupL 
 
 3. BETTER ACCOMMODATIONS. When a district, by reason of its own failure, 
 neglect or want of interest, has not an efficient school, a party attached to the dis- 
 trict can not claim the right of transfer, on the plea of better accommodation, be- 
 cause the school is a poor one, for it would be taking advantage of his own failure 
 of duty or want of interest. If a transfer under such circumstances could be 
 claimed, it would work to the injury of many of our schools, as well as produce 
 difficulty in their management. 
 
 But if a large majority of the pupils of the district, in which the party desir- 
 ing a transfer resides, are of a primary grade, so that pupils more advanced can 
 not be accommodated, the party in question, on a plea of better accommodation, 
 that his children may pursue studies more advanced than can be taught in the 
 school, can claim the right of transfer, for in this case the transfer is not to the 
 injury, but to the advantage and interest of the school. 
 
 The term "better accommodated" the Legislature evidently intended should 
 apply to those circumstances over which an individual has no control, and not to 
 those which he might have avoided or remedied. A person can not be transferred 
 to avoid the payment of a high rate of taxes. Baldurin, Atty.-Gen. 
 
 Trustees should, under no circumstances, permit a transfer when they believe 
 it is sought simply to avoid a tax in the township from which the person wishes to 
 be transferred. Neither is dislike of neighbors or neighbor's children good cause 
 for transfer. Fletcher, SupL 
 
 4. RE-TRANSFER. A person can not be transferred without his consent, nor 
 can he be transferred if he has no children of school age. A transfer once made, 
 need not be renewed at each enumeration, but remains until a re-transfer is made. 
 When a transferred person ceases to have children of school age, a cause arises 
 for a re-transfer to his original corporation ; but that cause must be followed up 
 by an actual re-transfer and report by the proper officers ; otherwise he continues 
 in, and pays taxes upon his property in the district to which he was originally 
 transferred. Baldmn, Atty. - Gen. 
 
 5. DUTY OF AUDITOR, SUPERINTENDENT AND TRUSTEE. The additional labor 
 required of the Auditor by a transfer is simply to enter the name of the party 
 transferred and the value of his property situate in the township in which he re- 
 sides upon the tax duplicate of the township to which the transfer is made, and 
 
 upon such property the proper special school tax. All other property of the 
 

 SCHOOL LAW OF INDIANA. 127 
 
 
 transferred is subject to special school tax in the township where it is situate, 
 'ountv Superintendents, in making the statements of transfers required by this sec- 
 ion, should state distinctly the names of the parties transferred, the township in 
 fhich each resides, and the township to which transferred. Nothing short of this 
 vill enable the Auditor properly to assess the special school tax required. For 
 tdditional duty of Auditor, when transfers to another county, see sec. 4474 and 
 lotes. 
 
 Notice of transfers should be given before the first day of May in order that 
 ,he Trustee may be able to include the names of parties transferred in his list and 
 'numeration, as required by section 4472. 
 
 For the convenience of the County Superintendent, each Trustee should, at the 
 time of making his report of enumeration, make a separate report of all tran>tWs 
 to his township with the same particularity required in taking the enumeration. 
 Boss, Snpt. 
 
 6. RECORDS OF TRANSFER. It is the duty of the Trustee that transfers, of 
 the Trustee to whom the tranfer is made, of the Superintendent, and of the Au- 
 ditor, each and all, to keep an official record of all transfers of children for school 
 purposes. The Trustee to whom the transfer is made can not refuse to receive it. 
 Baldwin, Atty-Gcn. 
 
 7. TAXES OF TRANSFERRED PERSONS. On what property. Where a person is 
 transferred for school purposes to any township in his own county, he must pay to 
 the County Treasurer, on all his property situated in the township in which he 
 resides, the same rate of school and poll taxes as is paid by the people of the town- 
 ship to which he is transferred, and for the use of that township. If he owns 
 property in another township, it must be taxed at the rate of other property in 
 that township, and for the use of schools therein. Larrabef, Xitpt. 
 
 8. Method tuggfxted. The simplest method of securing the purpose of these 
 provisions, will be for the Trustees of the townships to which any persons have 
 been thus transferred, to enroll them as members of their respective districts, and 
 ever after take the enumeration of their children. Mill*, Xu]>(. 
 
 9. To what taxes liable. A transferred person is liable to all taxes levied for 
 school purposes in the corporation to which he is transferred, under section* 44f>7, 
 44i ( .t, 4471 and 4490, and at the same rate as resident school patrons. LaFollette, 
 Supt. 
 
 10. Property of wife or tenant. The father is the head of the family, and as 
 such has charge of the children, and has power to have his children transferred 
 for school purposes, even against the will or wish of the wife, but he has no con- 
 trol over her property. He could not, by transferring his children to another 
 township, etc., transfer his wife's property for school taxation, and thus submit it 
 to a greater or different tax without her consent. In all similar cases the wife 
 should join in the application for the transfer, and the Trustee take her written 
 
 nt for the taxation of lu-r property if the application is granted. If a tax- 
 payer has a tenant on his farm who has rharge of children entitled to the privi- 
 of school, such tenant can be transferred, although, of course, the landlord's 
 
 I property could not be taxed in the corporation to which his tenant was transferred. 
 Baldwin, Atty-' 
 11. Remmvil*. If a transferred person moves into the corporation to which 
 he has been transferred, that corporation thereby loses the right to tax his prop- 
 erty situated in the corporation from which he has removed. If he moves into a 
 different corporation he can not be taxed therein till after the next enumeration, 
 
128 
 
 SCHOOL LAW OF INDIANA. 
 
 when he may be transferred thereto by the Trustee of the corporation in which he 
 had last been taxed. Bloss, Supt. 
 
 12. WRONG CORPORATION RECEIVING TAX. If the County Auditor omits to 
 record the transfer on his duplicate, whereby the school corporation, from which a 
 person has been transferred, receives the school taxes paid by such person, such 
 corporation is liable for the amount thereof at the suit of the school corporation 
 entitled thereto. The County Auditor in such a case, if the school corporation 
 receiving the money is solvent, is only liable for such expenses as are necessarily 
 incurred, aside from taxable costs, in carrying on the suit for the recovery of the 
 taxes paid. Michener, Atty-Gen. 
 
 In such a case suit should be brought before the corporation expends the rev- 
 enue wrongfully apportioned to it, otherwise recovery is doubtful. Fortes, Supt. 
 
 13. CONSTITUTIONAL. The provisions of this section authorizing the taxation 
 of the person transferred is constitutional. Kent v. Town of Kentland, 62 Ind. 
 291 ; Robinson v. Schneck, 102 Ind. 307, 315. 
 
 14. RE-TRANSFER. If a patron of the schools can not show that he will be 
 better accommodated if re-transferred he is not entitled to such re-transfer. La- 
 Follette, Supt. 
 
 16. REFUSAL, TO RECEIVE PERSON TRANSFERRED. The Trustee to whose 
 township a person is transferred can not refuse to receive him. LaFollette, Supt. 
 
 16. BECOME MEMBERS OF SCHOOL CORPORATION. A person transferred be- 
 comes a member of the township to which he is transferred, and is entitled to the 
 same privileges as resident members. LaFollette, Supt. 
 
 17. DISMISSAL OF TRANSFER. When a transferred person ceases to have 
 children of school age, such person should apply to the Trustee of the corpora- 
 tion to which the transfer was made for a dismissal of such transfer. An official 
 record of the transfer has been made, and it will stand against the property un- 
 less officially dismissed. This may be done by the Trustee holding the transfer 
 entering on his official record of transfers an entry similar to this : " This trans- 
 fer is dismissed because the person transferred now has no children of school age," 
 and sending a copy of this entry to the Trustee of the corporation from which 
 the transfer came. Vories, Supt. 
 
 18. BASIS OF ASSESSMENT. See note 3 under section 4488. 
 
 19. Property of transferred persons subject to all school taxes. 62 Id. 291. 
 
 20. See sections 4474, 4490 and notes 
 
 21. Property subject to taxation whether transferred or not if sent to school, 
 See note 6 under section 4490. 
 
 4474. Transfer to an adjoining county. Each person so trans- 
 ferred, for educational purposes, to a township, town or city in an ad- 
 joining county, shall, annually, pay to the Treasurer of such township, 
 town, or city (when a tax is levied therein for the purposes aforesaid) a 
 sum equal to the tax levied, computing the same upon the property and 
 poll, liable to tax, of such persons in the township, town, or city where 
 he resides, according to the valuation thereof by the proper Assessor ; 
 which payment shall release his property from special school tax in the 
 township in which he resides In default of such payment, he shall be 
 debarred from educational privileges in the township, town or city to 
 
r 
 
 long i 
 
 SCHOOL LAW OF INDIANA. 129 
 
 ich he may have been transferred ; and the Trustee thereof shall 
 lotify the Trustee of the township, town, or city in which he (the per- 
 son transferred) resides, of such exclusion. (17) 
 
 1. To WHAT CORPORATIONS. The township to which a transfer is made 
 though in a different county, must be adjoinmi/ to the one in which the person re- 
 hut it seems that he may be transferred to any town or city in a county upon 
 
 ich his own township borders.- - 7>/W, Siijit. 
 
 2. CHANGE IN LAW. The law creating the office of Township Treasurer has 
 tr since been repealed, and all school taxes should now be paid to the County 
 
 Treasurer. Section 44(58. Forms, Supt. 
 
 3. PLAN FOR COLLECTING TAXES OF TRANSFERRED PERSONS. The follow- 
 ing plan for managing transfers in accordance with the law now in force is sug- 
 gested by Mr. E. M. Johnson, present Deputy County Auditor of Marion County. 
 It it simple and practical : 
 
 a. ILLUSTRATION OF HOW AUDITOR MAY MANAGE TRANSFERS ON TAX 
 i >r PLICATE. Transfer from one corporation to another in the same county. A is 
 transferred from Washington township, Marion county, to Wayne township, Ma- 
 rion county. Extend tax duplicate for all persons in Washington township at 
 the rate levied in \Vashington township. Then if the rate is greater in Wayne 
 township, add to A's taxes the difference created by the higher rate; and vice versa. 
 Make notes of deductions and additions on tax duplicate in red ink before turn- 
 ing it over to the County Treasurer. 
 
 b. WHEN TRANSFER FROM ONE COUNTY TO ANOTHER. A is transferred 
 from Franklin township, Marion county, to Sugar Creek township, Hancock 
 county. Then the Auditor of Hancock county should notify the Auditor of Ma- 
 rion county of rate of levy in Sugar Creek township, and the names of persons 
 transferred to Sugar Creek township. Then the Auditor of Marion county will 
 add to, or subtract from, A's taxes in Franklin township, the difference, as the 
 case may be, and the Treasurer of Marion County will collect A's taxes, the 
 Auditor will remit the amount due Hancock county by reason of the transfer of 
 
 I A, or vice versa. Varies, Supt. 
 4. TAXES. A person transferred from one county to another for school pur- 
 is subject to taxation in the township to which he is transferred for all taxes 
 provided for in sections 4467, 4469, 4471 and 4490. LaFoUette, Supt. 
 5. This section is constitutional, 62 Ind. 291 ; 102 Ind. 307. 
 6. Piii'pKKTY "i- TI:AN<FKKKI:I> PI :i:-. 'N INJECT TO TAXATION FORALLSCHCOL 
 ITK POSES. The property of transferred persons shall be assessed for all school 
 purposes, including the payment of bonds issued for indebtedness for school pur- 
 I poses. ;-j Ind. -J'.'l. 
 7. See sees. 4490, 4492 a and not 
 
 [1873, p. w. Approved and in force March 8, 1873.] 
 
 I 
 
 4475. KiuiiiKTation, where filed. Each Trustee shall, on or be- 
 fore the first day of May, annually, report to and file with the County 
 Superintendent <>]' the proper county a copy <>t' his said list and enumer- 
 ation, with his affidavit endorsed thereon, to the effect that the same is, 
 9 SCHOOL LAW. 
 
130 
 
 SCHOOL LAW OF INDIANA. 
 
 to the best of his knowledge and belief, full and accurate, and that the 
 enumeration does not include persons who are less than six nor more 
 than twenty-one years of age. (18) 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4476. Township in two or more counties Report. When a 
 congressional township is located in two or more counties, the proper 
 Trnstee for each portion thereof in the several counties shall report, at 
 the same time and in like manner as provided in the last preceding sec- 
 tion, to the County Superintendent of the county in which the congress- 
 ional township fund of such township is held in trust and managed. 
 (19) 
 
 1. EXPLANATION. This section requires that when a congressional township 
 is located in two or more counties, the proper Trustee for each portion thereof 
 shall make two separate and distinct reports of enumeration : 
 
 1st. The ordinary report of enumeration prescribed by $4472 and 4475. 
 
 2d. A special report of enumeration, consisting of an enumeration of the 
 school children living within such part of the divided congressional township as 
 is within the limits of his own civil township. This special report should be 
 made to the Superintendent of the county in which the fund belonging to such 
 divided congressional township is managed. In case parts of several congressional 
 townships lie in a civil township the Trustee must evidently make as many sepa- 
 rate special reports to the Superintendent of the county which manages the funds 
 or the several congressional townships. Smart, Supt. 
 
 ARTICLE V APPORTIONMENT OF REVENUE. 
 
 [1873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 
 
 4477. To be made semi-annually. There shall be two apportion- 
 ments of the school revenue for tuition made in each year by the State 
 Superintendent of Public Instruction one on the fourth Monday in 
 May, and the other on the first day of January, unless the said day of 
 the month should be Sunday, and, if so, on the day following. (109) 
 
 4478. Reports of County Auditors. To enable the Superintend- 
 ent to make said apportionments, and to ascertain the amount of said 
 revenue collected and ready for that purpose, the Auditors of the several 
 counties of the State shall, promptly, after making the settlements with 
 the County Treasurers of the respective counties in April for the 
 amount collected on tax-list, and in December for the amount of delin- 
 
SCHOOL LAW OF INDIANA. 131 
 
 Collected, make report to paid" Superintendent of the precise 
 Amount of school revenue for tuition collected in their respective 
 tountics and ready for apportionment and distribution; which report 
 hall be verified by the oath or affirmation of the Auditor indorsed 
 ,hereon. (110) 
 
 ce,u. 
 
 whet 
 
 
 4479. When and what County Auditor reports. The first of 
 -aid reports in each year shall not be delayed later than the third Moii- 
 iay in May, and the second not later than the twenty-fifth day of De- 
 
 :ber. Said report shall show 
 irgt. The amount of school tax collected since the last report, 
 ther upon the current year's tax-list or delinquent tax. 
 
 Second. The amount of interest collected since the last semi-annual 
 report, and the amount, if any, not previously reported, upon loans of 
 common school funds, and on any indebtedness which is due or payable 
 to said funds, arising from the sale of seminary property or otherwise. 
 
 Tliird. The amount derived from liquor licenses and unclaimed fees 
 not previously reported. 
 
 Fourth. The total amount of school revenue thus collected and ready 
 for apportionment. 
 
 Fifth. The income derived from the congressional township school 
 fund, including the interest on loans of said fund, and on deferred pay- 
 ments for school lands which have been sold, and the rents and profits 
 derived from the leasing or renting of any such lands, or otherwise. 
 
 Sixth. The amount of said income from the congressional township 
 fund on hand for distribution in parts of the townships in the adjacent 
 counties, specifying the amount on hand for each of the several counties. 
 (Ill) 
 
 
 1. IN.-TIU-C TIONS TO AUDITORS. 1st, When you make your report to the 
 State Sup. 'i-intendi-nt you give the amounts (if any) due to adjacent counties. At 
 tlu MI mi- tiiiu' you notify tin- Auditors of these counties, specifying the amounts 
 
 due io the several townships. ! \ HSO. > Mail all such notices and tin- report on 
 the same day. *Jd, Then immediately draw warrants upon your own Treasurer in 
 favor of the treasurers of tin- several adjacent counties for the amounts respect- 
 ively due thtiii, and eau-e y.nir Trea-urer to remit said amounts to said counties 
 at the MI mi- linn that he make- hi- remittance to the Tiva-unr of State. The ex- 
 pense of -aid remit ance> must not IK- paid out of any -chool revenues. .'M!. The 
 Auditor of each county to which such revenue is paid will include it in his next 
 distrihuti. and will notify Tru-tees that ii is no longer iieee->arv for 
 
 thc:n to ;;,, or send for their money to .th.-r counties, hut that they will hereafter 
 draw the whole of their revenues from the treasury of their own county. Bloss, 
 
132 
 
 SCHOOL LAW OF INDIANA. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4480. When congressional township divided. When the con- 
 gressional township lies partly in one county and partly in another, the 
 Auditor of the county in which the fund of such township is managed 
 shall notify the Auditor of the county in which any portion is situated 
 of the amount due to such portion. (112) 
 
 4481. Auditor failing to report Penalty. On the failure of 
 any County Auditor to make his said semi-annual report in time for said 
 apportionments, his county shall be subject to a diminution of one hun- 
 dred dollars in the next apportionment of said revenue by the Superin- 
 tendent. The sum thus withheld may be collected from said Auditor, 
 in a suit before a Justice of the Peace, prosecuted in the name of the 
 State, by any person living in said county who has children enumerated 
 for school purposes for the current year, who is aggrieved by said dim- 
 inution. Said suit shall be commenced within two years from the time 
 when said report was due, and not afterward : Provided, That said Au- 
 ditor may discharge himself from liability to such suit by a certificate of 
 the postmaster that said report was mailed in due time, together with 
 his own affidavit of that fact. (113) 
 
 [1893, p. 195. Approved and in force March 3, 1893.J 
 
 4482. The State Superintendent of Public Instruction shall, on the 
 days fixed by section 109 of this act (4477) for his apportionment of said 
 revenue in each year, add to the sum total of said revenue in readiness 
 in each county for apportionment any amount in the State Treasury 
 ready for apportionment, and after said addition the Superintendent 
 shall apportion the whole of said sum to the several counties of the 
 State, according to the last enumeration of children therein, with due 
 reference to the diminutions provided for by sections 41 and 113 of this 
 act (4431 and 4481) : Provided, however, That any school corporation 
 not expending the sum total of the tuition revenue apportioned to it by 
 the State shall, on the first Monday in July, annually, report to and re- 
 turn to the County Treasurer of the county in which said school cor- 
 poration is situated the unexpended balance of tuition revenue from 
 said source in excess of $100, and the County Auditor of said county 
 shall include all such unexpended balances in his report to the State Su- 
 perintendent of Public Instruction, as tuition revenue collected in his 
 county and ready for distribution at the next apportionment. Any 
 Township School Trustee or Treasurer of the Board of School Trustees 
 of incorporated towns and cities refusing or neglecting to refund the 
 said unexpended balance of tuition revenue as herein provided shall be 
 
SCHOOL LAW 
 
 133 
 
 leemed guilty of a misdemeanor and, upon conviction, shall be fined 
 not less than double the amount so withheld. 
 
 1. The above section has a repealing and an emergency clause. Varies, Supt. 
 
 2. The State's tuition revenue apportioned in June (next, 1893), is not to be 
 considered as unexpended balance for the reason that it is to be used for the school 
 year of 1893-4, which begins on the first Monday of July. See section 4499. It 
 can not be used for the school year of 1892-3. See note 1 under section 4470. 
 Fortes, Supt. 
 
 3. STATE NORMAL SCHOOL. Fifteen thousand dollars must also be appor- 
 -cini-aniuially to the State Normal School. 4556. 
 
 4. See section 4485. 
 
 "). The equal distribution of the State school revenue to the several school 
 corporations of the State, according to the number of School children therein, is 
 a mean.-, and not an end; but the great purpose for which this means may be used 
 is that tuition shall be without charge and equally open to all the children of the 
 Statf. State of Indiana ex rel. Alonzo G. Smith (Att'y Gen'l) v. John F. Mc- 
 Clellan, School Trustee. 
 
 6. This section is not in conflict with the State Constitution. State r. Mc- 
 Clellan. 
 
 7. To determine what part of the unexpended balance must be returned to 
 the County Treasurer, the amount received from the State and the amount received 
 from local sources must be prorated. State v. McClellan. 
 
 4483. Printed Statement. Said Superintendent shall make out 
 and have printed a statement showing 
 
 >. The enumeration of children in each county. 
 
 Second. The amount of school revenue ready for apportionment in 
 each county, and the source from which the same is derived, including 
 said addition from the State indebtedness. 
 
 Third. The distributive share thereof apportioned to each county. 
 
 He shall file a copy of said statement with the Auditor of State and 
 -urer of State, and he shall forward a copy thereof, by mail, to 
 ouch of the County Auditors, County Superintendents and County 
 Treasurers of the State. (115) 
 
 [1885, S. p. 208. Approved and in force April 13, 1885.] 
 
 4484. Payment to counties. The Auditor of State shall, at the 
 time of making the semi-annual settlements with the several County 
 Treasurers, give them each a warrant on the State Treasury for the 
 State school revenues collected in their respective counties, the amount 
 of which shall be retained by said treasurers, and when the Superin- 
 tendent of Public Instruction shall have made his semi-annual appor- 
 tionments of school revenue for tuition to the several counties of the 
 Stale, the Auditor of State shall draw his warrant upon the State Treas- 
 
134 SCHOOL LAW OF INDIANA. 
 
 ury to the respective County Treasurers to which there may be due a 
 greater amount than the State school revenue which has been collected 
 in said counties, and for which a warrant as hereinbefore provided has 
 been issued to them, and said County Treasurers to whom warrants have 
 been issued at the semi-annual settlements for more than their distribu- 
 tive share of said school revenue shall, upon notice being given them 
 thereof by the Auditor of State, forthwith pay such excess into the 
 State Treasury. (1) 
 
 [1885, S., p. 70. Approved and in force April 13, 1885.] 
 
 448 4u. Payment of excess. The Auditor of State shall, at the 
 time of making the semi-annual settlements with the several County 
 Treasurers, give them each a warrant on the State Treasury for the State 
 school revenues collected in their respective counties, the amount of 
 which shall be retained by said Treasurers, and when the Supeiintendent 
 of Public Instruction shall have made his semi-annual apportionments 
 of school revenue for tuition to the several counties of the State, the 
 Auditor of State shall draw his warrant upon the State Treasury to the 
 respective County Treasurers to which there may be due a greater 
 amount than the State school revenue which has been collected in said 
 counties, and for which a warrant as hereinbefore provided has been 
 issued to them, and said County Treasurers to whom warrants have been 
 issued at the semi-annual settlements for more than their distributive 
 share of said school revenue shall, upon notice being given them thereof 
 by the Auditor of State, forthwith pay such excess into the State Treas- 
 ury. (El. Sup. Sec. 1267.) 
 
 1. This section modifies the provisions of sections 4484 and 4485. 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4485. Unapportioned balances. If at any time, from any cause 
 whatever, an uuapportioned balance of school revenue shall appear in 
 the State Treasury, other than that which is nominally therein at the 
 passage of this act, the Superintendent of Public Instruction shall add 
 said balance to the sum to be apportioned, and apportion it at the next 
 'succeeding apportionment after such balance so appears. (117) 
 
 1. EXPLANATION. The unapportioned balance in the treasury consists chiefly 
 of moneys paid in by the Attorney-General. But at each apportionment the State 
 Superintendent leaves a small balance, always less than one cent for each child 
 enumerated. 
 
 2. See section 4484a. 
 
SCHOOL LAW OF INDIANA. 
 
 135 
 
 ). Approved March 11, 1873, and in force July 7, 1873.] 
 
 >6. County Auditor's apportionment. The Auditor of each 
 county shall, semi-annually, on the second Monday of June and on the 
 last Monday in January make apportionment of the school revenue, to 
 which his county is entitled, to the several townships and incorporated 
 towns and cities of the county ; which apportionment shall be paid to 
 the School Treasurer of each township and incorporated town and city 
 by the County Treasurer. In making the said apportionment and dis- 
 tribution thereof, the Auditor shall ascertain the amount of the congres- 
 sional township school revenue belonging to each city, town and town- 
 ship, and shall so apportion the other school revenue as to equalize the 
 amount of available school revenue for tuition to each city, town and 
 township, as near as may be, according to the enumeration of children 
 therein, and report the amount apportioned to the Superintendent of 
 Public Instruction, verified by affidavit : Provided, however, That in no 
 case shall the income of the congressional township school fund belong- 
 ing to any congressional township, or part of such township, be dimin- 
 ished by such apportionment, or diverted or distributed to any other 
 township. (118) 
 
 1. MCTHOD CONSTITUTIONAL. This method of apportionment is according 
 to the command of the Constitution, and, perhaps, it requires the same principle 
 to be applied to the distribution among the counties. Quick v. Whitewater, 7 
 Ind. 570 ; Quick v. Springfield, id. 636. 
 
 2. TEACHER'S REMEDY. When a teacher obtains judgment against a school 
 corporation, for services MS such, and a return of execution thereon nuJla bona, he 
 may, by proper suit, obtain application of any school revenue in the county treas- 
 ury, belonging to such corporation, to the payment of the judgment. Trustees v. 
 Simpson, 11 Ind. 520. 
 
 3. TRUSTKK'S LIABILITY. If the Township Trustee receives funds, under 
 this section, which In-long to a school town within the township, he may after de- 
 mand, be compelled, by mandate, to pay the amount to the town. Johnson r. 
 Smith, 64 Ind. 275. Trustees do not apportion revenue among districts. 4494, 
 note 2. 
 
 4. RULE FOR MAKIM; AITOKTIMNMKNT. Auditors will find no trouble in 
 adjusting the apportionment without the labor of giving IB detail the specific 
 amount of each township's share of the two funds, if they will ascertain what the 
 whole amount of the school revenues for the county, both common and congres- 
 sional, will give each scholar on a per capifn division, ;ml then ascertain whether 
 any township's congressional revenue will yield a larger dividend to its children. 
 If any township thus has a larger per capita than that of the whole county from 
 the combined revenues, exclude the children and congressional revenue of that 
 township from the calculation, and distribute to the other corporations on the 
 consolidation basis. An example may be presented, as follows: 
 
136 
 
 SCHOOL LAW OF INDIANA. 
 
 Congressional Tp. A 300 Children, $375 Congressional Ke venue, $1.25 Per Capita. 
 11 " B 200 " 150 " " 75 " " 
 
 C 84 " 42 " " 50 " " 
 
 D 400 " 100 " " 25 " " 
 
 a i 250 a u 
 
 The last four townships have 934 children, and $292 congressional revenue. 
 The common school revenue of the county amounts to $875.50, which, added to 
 the $292, will make $1,167.50. This will give the last four townships $1,25 per 
 scholar, the same that A receives from her congressional revenue alone, in which 
 case the same result is obtained with or without including A's children and reve- 
 nue. But if the common school revenue were only $828.80, the last four town- 
 ships would get only $1,120.80, or $1.20 per scholar. In this case A must receive 
 the whole of her own revenue, which must not be diminished by any process of dis- 
 tribution ; and the remaining revenues must be distributed among the other cor- 
 porations. Mills, Supt. 
 
 5. TOW INCORPORATED WITHIN TOWNSHIP CUSTODY OF SCHOOL FUNDS. A 
 
 distinct portion of a certain township of this State having become an incorporated 
 town, and elected school trustees, under the laws of the State, the Trustee of such 
 township, after the election, but before such School Trustees had qualified, de- 
 manded and received of the County Treasurer the school funds of the whole town- 
 ship, whereupon such School Trustees, after qualifying, demanded of him the 
 payment to their treasurer of the proportion of such school funds belonging to 
 such town, which he refused ; whereupon they filed an affidavit, reciting the fore- 
 going facts, to compel him, by mandate, to pay over such moneys. Held, on 
 demurrer, that they were entitled to recover. But see note 32, under section 4444, 
 64 Ind. 275. 
 
 [1865, S., p. 139. Approved and in force March 21, 1865.] 
 
 4487. Interest on sinking fund. All interest accrued or accru- 
 ing on the sinking fund, or any other fund, held by this State for the 
 benefit of the common schools of this State, on and after the first day of 
 January, one thousand eight hundred and sixty-five, is hereby set apart 
 for distribution as other revenues are distributed, for the support of the 
 common schools of this State. (1) 
 
 [1891, p. 199. Approved and in force March 6, 1891.] 
 
 4487a. Surplus dog-tax fund. The revenue received from the 
 tax on dogs in each township shall be set apart by the County Auditor 
 at each annual settlement, and the same shall be paid over by the County 
 Treasurer to the proper Township Trustee. The sums so collected and 
 received in each township, are hereby declared to be a fund for the pay- 
 ment of damages sustained by the owners of sheep maimed or killed by 
 dogs within such township ; and each Township Trustee is directed and 
 required to hold the same for such purpose : Provided, however, That 
 when it shall so happen on the first Monday of March in each year, in 
 

 SCHOOL LAW OF INDIANA. 
 
 137 
 
 wnship, that the said fund shall accumulate to an amount exceed- 
 ing fifty dollars over and above orders drawn against the same, then the 
 surplus over said sum of fifty dollars shall be expended by such Trustee 
 for the use of the school revenue of the township. (236) 
 
 1. DISTRIBUTION ANTICIPATION. The fund arising from the dog tax should 
 not be used exclusively for the support of one school in a township to the neglect 
 of all others. It is a fund to which all the schools in the township have an equal 
 claim, and it should be apportioned by the Trustee among the schools, with the 
 other tuition funds. We think it must follow, also, that it should await the ap- 
 portionment of other funds, apportioned for tuition, before it is expended. Malov 
 r. Mudget, 47 Ind. 241. But this has been so modified by the act of 1891 that the 
 excess should be applied to the school year closing. Vories, Supt. 
 
 2. LAWS REPEALED. The acts of March 7, 1883, and of April 8, 1885, were 
 repealed by the act of March, 5, 1891, and could not be revived by the manner in 
 which they were referred to in section 47 of the act of March 6, 1891. Florer v. 
 State, 133 Ind. 453. 
 
 3. DISPOSITION OF SURPLUS. When the Township Trustee has a surplus 
 over fifty dollars on the first Monday of March, he should at once transfer such 
 surplus to his tuition account and apply the revenue to the schools then in 
 progress. He is not required to report the surplus to the County Auditor to be 
 redistributed as under the old law. He should at once apply the surplus to the 
 current school term. Vories, Supt. 
 
 4. Doo TAX TOWNSHIP TRUSTEE ENTITLED TO COUNTY TREASURERS 
 SHorr.i- PAY OVER. The act of March 6, 1891 (Acts 1891, p. 286, section 4487 a), 
 makes the Township Trustee the custodian of the dog fund for the purpose men- 
 tioned in the statute, and when properly applied for, the County Treasurer is re- 
 quired to pay over such fund. 133 Ind. 453. 
 
 5. TOWNS AND CITIES NOT ENTITLED TO ANY PORTION OF THE SURPLUS. 
 
 Under the new law towns and cities are not entitled to any portion of the sur- 
 plus. Varies, Supt. See section 4487 b, note 1. 
 
 [1877 S., p. 74. Approved and in force March 14, 1877.] 
 
 4487 b. Distribution of dog tax fund. All sums of money now 
 remaining in the hands of the Township Trustees, arising from surplus 
 dog tax fund, shall be, upon the taking effect of this act, placed to the 
 OHM lit of the tuition fund of such township, and shall be expended as 
 otlu-r tuition funds of the township are expended. The Township 
 Trustees of the several townships in the State are hereby authorized to 
 pay to School Trustees of incorporated towns or cities their proportion 
 pro rota according to the enumeration for school purposes within such 
 township. (1) 
 
 1. PART RKPK\I.I:I>. The l.i-t <entence of this section authorizing the Town- 
 ship Trustee to make a ]>m rut a division of the surplus with incorporated towns 
 and ritie- in hi- township was repealed by the a9t of March (3, 1891 (section 
 4487 a). Varies, Supt. Sec also 133 Ind. 453. 
 
138 
 
 SCHOOL LAW OF INDIANA. 
 
 ARTICLE VI SCHOOLS IN CITIES AND TOWNS. 
 
 [1873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 
 
 4488. Bonds for school buildings. Any city or incorporated 
 town in this State which shall, by the action of its School Trustees have 
 purchased any ground and building or buildings ; or may hereafter pur- 
 chase any ground and building or buildings ; or has commenced, or may 
 hereafter commence, the erection of any building or buildings for school 
 purposes ; or which shall have, by its School Trustees, contracted any 
 debts for the erection of such building or buildings, or the purchase of 
 such ground and building or buildings ; or such Trustee shall not have 
 the necessary means with which to complete such building or buildings, 
 or to pay for the purchase of such ground and building or buildings, or 
 pay such debt, may, on the filing by the School Trustees of said city or 
 town of a report, under oath, with the Common Council of such city, 
 or the Board of Trustees of such town, showing the estimated or actual 
 cost of any such ground and building or buildings, or the amount re- 
 quired to complete such building or buildings, or purchase such ground 
 and building or buildings, or the amount of such debt, on the passage 
 of an ordinance authorizing the same by the Common Council of said city 
 or the Board of Trustees of such town, issue the bonds of such city or 
 town to an amount not exceeding in the aggregate fifty thousand dol- 
 lars, in denominations not less than one hundred nor more than one 
 thousand dollars and payable at any place that may be designated in 
 the bonds (the principle in not less than one year nor more than twenty 
 years after the date of such bonds, and the interest annually or semi- 
 annually, as may be therein provided) to provide the means with which 
 to complete such building or buildings, and to pay for the purchase of 
 such ground and building or buildings, and to pay such debt. Such 
 Common Council or Board of Trustees may, from time to time, negoti- 
 ate and sell as many of such bonds as may be necessary for such pur- 
 pose, in any place and for the best price that can be obtained therefor 
 in cash : Provided, That such bonds shall not be sold at a price less than 
 ninety-four cents on the dollar. (1) 
 
 1. NOTE. It is sufficient that the ground or building shall have been con- 
 tracted for by the School Trustees. Williams v. Albion, 58 Ind. 329. 
 
 2. BY WHOM ISSUED CONSTITUTIONAL LIMIT. School Trustees have no power 
 to issue bonds to raise money to build school houses, except by authority of an 
 ordinance of the Common Council or Board of Civil Town Trustees. I think the 
 constitutional amendment of 1881 (R. S. 1881, $220), limiting the power of munici- 
 pal corporations to contract debts over and above two per cent, of their taxables, 
 applies to past as well as future debts that is to say, if a town is indebted two per 
 
SCHOOL LAW OF INDIANA. 
 
 139 
 
 II 
 
 nt. on its taxables, it can incur no further debt; if indebted one and three- 
 fourths per cent., it can incur a further debt of one-fourth per cent. Baldwin, 
 Atty.-Gen. 
 
 3. BASIS OF VALUATION ASSESSMENT BASED ON CIVIL, CORPORATION NOT ON 
 
 SCHOOL CORPORATION. It has been asked whether the Town Trustees of an in- 
 corporated town in issuing bonds for a school building in accordance with 4488 
 base the issue, as to amount on the value of property in the town increased by 
 the value of the property of persons transferred to the town for school purposes. 
 
 The corporation can not become indebted for any purpose to an amount in 
 e aggregate exceeding two per centum in the value of the taxable property 
 within such corporation, to be ascertained by the last assessment for State and 
 county taxes previous to the incurring of such indebtedness. R. S. 1881, 2<). 
 
 Where persons can be better accommodated at the school of an adjoining 
 township, or of any incorporated town or city, the Trustee of the town .or city in 
 which such person resides, shall, if such person so request, at the time of mak- 
 ing the enumeration, transfer them for educational purposes to such township, 
 town or city, and notify the Trustee of such transfer. Such person so transferred 
 shall annually pay to the Treasurer of such township, town or city (when a tax is 
 levied tin-rein for the purpose aforesaid) a sum equal to the tax levied, comput- 
 ing the same upon the property and poll liatle to tax of such person in the town- 
 ship, town or city where he resides, according to the valuation thereof by the 
 proper Assessor (4473, 4474). 
 
 The property of a person transferred to an adjacent township, town or city, 
 for educational purposes is not assessed by the Assessor of the township, town or 
 city, to which he is transferred, for State and county taxes, but he is assessed in 
 the township in which he resides. 
 
 The Constitution provides that the value of the taxable property within such 
 corporation is to l>e ascertained by the last assessment for State and county taxes. 
 The property of sin-h transferred person does not appear in the last assessment of 
 rporation for State and county purposes to which he is transferred, but in 
 the township in wliieh he reside-, and consequently the property of such tran>- 
 ferred person, residing in another township can not be taken into consideration in 
 determining the amount of property within such corporation to which he is trans- 
 ferred, as the basi- f..r i<-uini: said bonds. Hard, Atty.-Gen. 
 
 4. LIABILITY OF TRf>n:i->. Ii is asked whether the members of a town 
 board or the im-mber* of a school board, incur personal liability by issuing and 
 
 tint: -ehool bond-; in excess ,,f the constitutional limit. 
 
 Public oflicers are not personally liable on contracts within the scope of their 
 authority and line of duty unless it is apparent that they intended to hind them- 
 selves personally. 
 
 If a public ai^ent transcends his authority, he may in some cases be rendered 
 personally responsible for the consequence of his act. 
 
 If the oliicers acting officially exceed their authority inno eiitly, under a mis- 
 take of law in which the other contracting party equally participates with equal 
 opportunities of knowledge, and the officers contract with him, and he with them, 
 in their official capacity, neither looking to personal liability, the oliicers are not 
 personally liable. Hord, Afttt.-' 
 
 "). 1 ri\. BONDS. The Board of School Trustees of a city school <>rporation 
 is not authorized by this statute to i-sue bonds to purchase grounds, hut the city 
 
140 
 
 SCHOOL LAW OF INDIANA. 
 
 issues the necessary bonds when authorized by the action of the Common Council. . 
 Hord, Atty.-Gen. 
 
 6. EXCESSIVE INDEBTEDNESS. If the city is indebted in excess of the pre_ 
 scribed constitutional limit, it can not lawfully make and issue bonds under this 
 section, increasing its indebtedness beyond the prescribed limit. Hord, Atty-Gen. 
 
 7. CONSTITUTIONAL. This section is constitutional. Clark v. Town of 
 Noblesville, 44 Ind. 83 ; 86 Ind. 17. 
 
 8. LOCATION OF SCHOOL PROPERTY. As a rule the school grounds and houses 
 should be located within the school corporation that owns them ; but the bonds of 
 such corporation, negotiated and sold to procure means for the erection and com- 
 pletion of such school houses, are not void merely because they are located with- 
 out the limits of the corporation. Gardner v. Haney, 86 Ind. 17. 
 
 9. TITLE TO SCHOOL PROPERTY CONTROL OF. As to the title and control of 
 school property three cases arise under the law prior to the act of 1893 : 
 
 (1) When the school house is within the limits of the township the title is 
 in the school township, and the Township Trustee controls and may sell. Sec. 
 4511. 
 
 (2) When the school house is situated within territory which is afterward 
 incorporated into a town, then the title vests in the town^ and the property is con- 
 trolled by the school trustees of the town. 27 Ind. 465; 86 Ind. 582; 109 Ind. 559. 
 
 (3) When the school house is located on territory which is taken into a city 
 by addition, then the Township Trustee controls and sells, and credits the special 
 school fund with the amount of the sale, 37 Ind. 415 ; 60 Ind. 473. Varies, Supt. 
 
 10. For cases arising since the act of 1893, see sec. 4511 a and notes. 
 
 11. APPLIES TO TOWNS AS WELL AS TO CITIES. The two per cent, constitu- 
 tional limit (section 220, K. S. 1881) applies to incorporated towns as well as to 
 cities. 
 
 12. PETITION NOT NECESSARY. A petition of the tax-payers to the Board of 
 Trustees or the Common Council is not necessary to enable the Board to levy a tax 
 to complete school buildings. Clark v. Town of Noblesville, 44 Ind. 83. 
 
 13. CAN NOT BE ENJOINED. When the School Ti ustees have complied with 
 the law (section 4491) by filing with the Town Board or Common Council a veri- 
 fied report, showing that, as such School Trustees, they have contracted for the 
 purchase of real estate on which to erect school buildings, and showing the amount 
 of the debt incurred for such realty, and the estimated cost of such buildings, and 
 asking the issuance of bonds, such Board or Common Council may, by ordinance, 
 authorize the issue and sale of bonds of such city, equal in amount to the cost of 
 such real estate and the estimated cost of such buildings, and such Board or Com- 
 mon Council can not be enjoined from so doing. Williams v. Town of Albion, 58 
 Ind. 329. 
 
 14. See sections 4439, 4489, 4490, 4491, 4492, 4492a, 4511, 4511a and notes. 
 
 4489. Use of proceeds. The proceeds of the sales of such bonds 
 shall be paid to the said School Trustees, to enable them to erect or 
 complete such building or buildings and pay such debt. But before 
 payment to them, such School Trustees shall file with the County Audi- 
 tor a bond, payable to the State of Indiana, in a sum not less than the 
 full amount of the said money so to be paid to them, and with security 
 to be approved by said Auditor, conditioned for the faithful and honest 
 
SCHOOL LAW OF INDIANA. 141 
 
 ipplication of such money to the purpose for which the Fame was pro- 
 vided ; and such Trustees, and their surety or sureties, shall be liable to 
 suit on such bond for any waste, misapplication, or loss of such money, 
 in the same manner as now provided for waste or loss of school revenue. 
 (2) 
 
 Box i> i IF SCHOOL BOARD. The bond required to be given by the School Tnis- 
 
 - additional to those already given by them (4440), and may be a joint 
 
 bond of the three members of the Hoard, equal in amount to the proceeds turned 
 
 over to them, but they must be severally bound for the whole amount. Smart, Supt. 
 
 [1875, p. 29. Approved and in force March 11, 1875.] 
 
 4490. Special tax. In addition to levying the tax by cities or 
 incorporated towns for general purposes, now authorized by law, the 
 Common Council of any such cities, and Boards of Trustees of any such 
 incorporated towns as shall avail themselves of the provisions of this 
 act, are hereby authorized and required to levy, annually, a special 
 additional tax, at the same time and in the same manner as other taxes 
 of such city or town are levied, sufficient to pay the interest and princi- 
 pal of said bonds falling due ; which additional special tax shall be 
 assessed and collected as the taxes for State and county revenue are assessed 
 and collected The Treasurer of said city or town shall keep accurate 
 account of the revenue arising from said special tax, and shall in his 
 reports, when required by the city or town authorities, show the amount 
 thereof received, the amount disbursed, and the amount thereof, if any, 
 remaining delinquent. He shall pay out the same only by the authority 
 of the Common Council of said city or Board of Trustees of such town ; 
 and shall permit the same to be applied to no other purpose than the 
 payment of the principal and interest of such bonds ; and official bonds 
 of City and Town Treasurers shall be construed to cover and include 
 revenue arising from this source. Persons residing outside of any such 
 city or town, and electing to be transferred to such frown or city for edu- 
 cational purposes, or who shall send their children to the school taught 
 in any such building, shall, with their property, be liable to such tax, 
 as if they resided in such city or town, on all property owned by said 
 person in the township where such city or town is located: Provitlxl, 
 always, That nothing in this act shall be construed to prevent the School 
 Trustees of such town or city from admitting pupils into such schools 
 from outvie such city or town, in their discretion, upon the payment of 
 tuition therefor, and without sul>jcctin<: the property of their parents to 
 such taxation, when such schools are not crowded and their admission 
 shall, in n-> way, interfere with the progress of the children within such 
 city or town : Provided, further, That the additional special tax, hereby 
 
142 SCHOOL LAW OF INDIANA. 
 
 authorized, shall not, in any one year, exceed fifty cents on any one 
 hundred dollars of taxable property and one dollar on each poll. (3) 
 
 1. SECTION CONSTITUTIONAL. The provision subjecting to this tax persons 
 residing outside the town or city, who, though not transferred, send to the school 
 in the building for which the bonds were issued, is not unconstitutional. Kent v. 
 Kentland, 62 Ind. 291. 
 
 2. LEVY AND COLLECTION. The tax is to be " levied" as other taxes of such 
 city or town are levied, and "assessed and collected" as State and county reve- 
 nue are assessed and collected. I think, under this law, the levy should be made 
 and certified by the municipal authorities, and placed upon the county duplicate 
 for collection. I come to this conclusion because, by the act of 1867, Trustees of 
 civil townships, Trustees of towns, and the Common Councils of cities, are au- 
 thorized to levy a special tuition tax, " which tax shall be assessed and collected 
 as the taxes for State and county revenue are assessed and collected." ($4469.) 
 This tax must be collected, it would seem, by the County Treasurer, as Trustees of 
 civil townships do not. collect revenue, and such has been the uniform practice. 
 The act under consideration, using the same language, and having been passed 
 after the construction mentioned had been placed on the act of 1867, I think it 
 should be held that the act of 1873 required the tax to be collected by the County 
 Treasurer. Woollen, Atty- Gen. 
 
 3. LEVY OBLIGATORY. It is the duty of Trustees to levy annually a special 
 additional tax sufficient to pay the interest and principal of bonds issued for 
 school buildings and falling due, and where it appears that they have failed, neg- 
 lected and refused to discharge their statutory duty, a writ of mandate is the 
 proper legal remedy. Gardner v. Haney, 86 Ind. 17. 
 
 4. ADMITTING NON-RESIDENTS TO SCHOOLS. The proviso that this statute 
 shall not prevent the admission to the particular schools in question of children 
 residing outside the corporation, on payment of tuition, recognizes and by impli- 
 cation authorizes the custom of admitting such pupils to all the schools. The 
 rights of the children of the corporation must always be considered first, and 
 must never be sacrificed for the sake of the tuition money of non-residents. Hoi- 
 combe, Supt. 
 
 5. TAXING PERSONS TRANSFERRED. If a person is transferred to a school 
 corporation for school purposes after such corporation has issued bonds to build 
 school houses, such person and his property situated outside such corporation may 
 be taxed to pay off such bonds. LaFollette, Supt. 
 
 6. PROPERTY SUBJECT TO TAXATION WHETHER TRANSFERRED OR NOT IF 
 CHILDREN ARE SENT TO SCHOOL. Having voluntarily enjoyed the benefits of the 
 adjoining school by sending his children there to be taught, we think he is bound 
 to pay the tax, whether he caused himself to be transferred to such adjoining dis- 
 trict for educational purposes or not. The fact that he failed to have himself so 
 transferred can not affect the law by which he made himself liable to taxation by 
 sending his children to be taught at the adjoining school ; and he can not avoid 
 the payment of the tax by merely failing to be transferred for educational pur- 
 poses. 62 Ind. 291. 
 
 7. Property of transferred person or persons who take advantage of the 
 schools subject to this tax. 62 Ind. 271. 
 
 8. See sections 4467, 4468, 4473, 4474 and 4488 and notes. 
 
 

 SCHOOL LAW i iF INDI \NA. 
 [1879, S. p. 76. Approved and in force March 20,1879.] 
 
 4491. Condition before building. Before the School Trustees 
 )f any incorporated town or city in this State shall purchase any ground 
 
 for school purposes, or enter into any contract for the building of any 
 school building or buildings, they shall file a statement with the Trust- 
 ees of such incorporated town, or Common Council of such city, show- 
 ing the necessity for such purchase of ground, or the erection of such 
 bui'ding or buildings, together with an estimate of the cost of such 
 ground or building or buildings, and the amount of means necessary to 
 be provided to pay for such ground or building or buildings. And they 
 shall not purchase any ground, or enter into any contract for the build- 
 ing of any school building or buildings, until such action be approved 
 by the Trustees of such incorporated town, or by the Common Council 
 of such city : Provided, Jiowever, That there shall be nothing in this act 
 so construed as to affect any purchase of grounds, or contract made for 
 the erection of any building or buildings, for school purposes, prior to 
 the taking effect of this act. (1) 
 
 [1879, S., p. 95. Approved March 31, 1879, and in force May 31, 1879.] 
 
 4492. Surplus special school revenue. It shall be the duty of 
 the Hoard' of School Trustees of any city or incorporated town in this 
 State to pay over to the Common Council or Board of School Trustees 
 of such city or towiPany surplus special school revenue in the hands of 
 such School Trustees, not necessary to meet current expenses; such 
 excess of the revenue aforesaid to be applied for the payment of the 
 interest or principal, or both, of any indebtedness incurred under the 
 provisions of the act of March 8, 1873, authorizing cities and incorpo- 
 rated towns to negotiate and sell bonds to procure means to erect and 
 complete unfinished school buildings, and to purchase any ground and 
 building for school purposes, and to pay debts contracted for the erection 
 and purchase of buildings and grounds. (!) 
 
 [1889, p. 101. Approved and in force March 5, 1889.] 
 
 4492a. Bonds in cities. Hoards of School Commissioners in all 
 
 cities of this Mate having thirty thousand, or more, inhabitants, accord- 
 ing to the Tnited States census for the year eighteeen hundred and sev- 
 enty, are hereby authori/.ed to prepare, issue and sell bonds to secure 
 loans not exceeding in the airgn-Lrate. at any one time, the sum of two 
 hundred and fifty thousand dollars, in anticipation of the revenue, for 
 purchasing ground- and building school houses, to bear such rate of 
 interest, not exceeding six per cent, per annum, and payable at such 
 
144 
 
 SCHOOL LAW OF INDIANA. 
 
 time within ten years from date, as the Board may determine ; and the 
 money obtained as a loan on any such bonds shall be disbursed by the 
 order of said Board in payment of indebtedness incurred in the purchas- 
 ing of grounds, or building of school houses, or in refunding any bonds 
 or other evidence of indebtedness issued for such purpose. Such bonds 
 may be issued in such denominations and in such sums as the Board of 
 School Commissioners may deem to be expedient : Provided, That at no 
 time shall the amount of such bonds so issued by any such Board of 
 School Commissioners, then outstanding, exceed said sum of two hundred 
 and fifty thousand dollars : And, provided furtJier, That such bonds 
 shall not be sold for less than their par value. (El. Sup., sec. 1264.) 
 (1) 
 
 4492b. Laws repealed. 
 
 herewith are hereby repealed. 
 
 All laws and parts of laws inconsistent 
 (El. Sup., sec. 1265.) (2) 
 
 ARTICLE VII SCHOOLS AND SCHOOL-HOUSES. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4493. Bible. The Bible shall not be excluded from the public 
 schools of the State. (167) 
 
 1. NOTE. The Bible, without note or comment, is installed in the common 
 schools of Indiana. Its continuance as the moral class book in these nurseries of 
 her future citizens will as surely mark the period of her prosperity and grace the. 
 zenith of her glory, as its exclusion would prove the precursor of her decline, the 
 herald of .her shame. Mills, Supt. 
 
 2. TEACHER INDEPENDENT. Neither the Examiner nor the Trustee should 
 ever inquire into the peculiar religious belief of a teacher, yet an Examiner 
 should not license an immoral person, nor one who is a scoffer at the teachings of 
 the Bible and things sacred. Fletcher, Supt. 
 
 Our law, therefore, wisely leaves the whole matter of Bible reading and 
 prayers with the good judgment and conscience of the teachers. To obligate 
 them by contract to read the sacred Scriptures and hold prayers in their schools 
 would be in exceedingly bad taste, if not sacrilegious; to refuse them the right, 
 when they, in good faith and conscience, desire to do so, would be the very worst 
 of tyranny. Hopkins, Supt. 
 
 3. DEVOTIONAL EXERCISES CAN NOT BE ENFORCED You ask if a rule of 
 the Board requiring "the reading of the Scriptures, with devotional exercises," 
 can .be enforced. As officers, you should be governed by the Constitution and 
 statutes, and not by any personal views you may hold. It is true the statute says: 
 "The Bible shall not be excluded from the public schools of the State." But the 
 State Constitution also says : 
 
SCHOOL LAW ok' INDIANA. 145 
 
 ) "All men shall be secured in their natural right to worship Almighty 
 G d according to the dictates of their own consciences." Section 47. 
 
 (2) "No law shall, in any case whatever, control the free exercise and enjoy- 
 m nt of religious opinions, or interfere with the rights of conscience." Section 48. 
 
 (3) "No preference shall be given, by law, to any creed, religious society, 
 O! mode of worship; and no man shall be compelled to attend, erect, or support 
 ai y place of worship, or to maintain any ministry against his consent." Sec- 
 ti >n 4'.'. 
 
 (4) "No religious te*t shall be required as a qualification for any office of 
 ti ist or profit." Section 50. 
 
 In view of these provisions of the State Constitution, it seems that the only 
 tl ing the Legislature intended to authorize school authorities to do in section 
 4 '..'{, is to put the Bible in the school and leave the use of it to the good judg- 
 E ent and conscience of the teacher. 
 
 l"nder the law you are as a corporate body authorized to make and enforce 
 a 1 reasonable rules (not in conflict with the Constitution or statutes) for the suc- 
 c ssful conduct of the business entrusted to your care. The statute (section 4493) 
 c early does not directly authorize such a rule, and I think it does not authorize 
 i by implication. Such a rule might "interfere with the rights of conscience" 
 e ther of the teacher, some of the pupils or parents, and it is, therefore, not war- 
 r inted. Clearly the statute and the Constitution authorize the reading of the 
 ] ible, and prayer in the public schools, but it should be done by choice and not 
 Vv compulsion; and when done it should be done in such a discreet way as not to 
 ' interfere with the rights of conscience." Complete religious liberty is what the 
 ( onstitutiou guarantees to every one, and this is what should be aimed at by the 
 School Board and the tencher. This thought is aptly expressed in the Con^titu- 
 t on of Virginia -" It is the mutual duty of all to practice Christian forbearance, 
 
 |)ve and charity toward each other." The School Board should practice forbear- 
 nee, love and charity toward the teacher, the pupils and parents. The opinion 
 f any one, in connection with the school, of whatever religious faith, should be 
 espected and held inviolate, as the Board would have its own opinions respected. 
 Sup*. 
 4494. I niformity as to timeNumbering. All schools in a 
 own.-hip shall lc taught an equal lemrth of time, as nearly as the same 
 ;an be done, without, regard to the diversity in the number of pu- 
 >ils at tin several schools, or the cost of the school; and each of said 
 >ch<H>lrt shall be numbered, by the proper Trustee, as School No. . 
 
 1. EQUALITY OF TERM. All the schools in the township should, if possible, 
 and close at the same time. The law does not iviiuire that an equal amount 
 money should be spent in each di.-trict. IMMerences in the number of scholars 
 lay require different prices to bu paid for teachini: difl'rrent schools, but all must 
 taught an equal length of time.-- L<irr<tf>< r, Su/>t. 
 
 Th.- >tatute only requires the schools in the townships to he taught an equal 
 rth of time, as nearly a> the same can In- done. Harmony Tp. v. Moore, 80 
 Maloy r. Madgi-t. 17 Ind. '241. 
 
 10 SCHOOL LAW. 
 
146 SCHOOL LAW OF INDIANA. 
 
 If the pupils of a district, where the school-house has been burned, have been 
 accommodated at other school districts, the money may be distributed in the town- 
 ship, and lengthen each of the schools a few days. If the children can not be so 
 accommodated, the Trustee may hold the remainder of the tuition and apply it 
 next year to this one district. LaFollette, Supt. But see section 4482 and notes. 
 
 2. KEVENUE NOT APPORTIONED. Under the late law [of 1855] the Director 
 employed the teacher. To enable him to do this, the Trustee was required to ap- 
 portion the school revenue of his township to the several schools thereof in such a 
 manner as to produce, as nearly as practicable, equality in the length of the 
 schools. Under the present law the Trustee can not apportion the money so as to 
 produce this equality before the beginning of the schools, when he will know the 
 cost of each, and can determine the term for which they can be taught for the 
 money on hand. Fletcher, Supt. 
 
 3. See 24499, note 3. 
 
 4495. Calendar. A school term of three months shall be sixty 
 days, a school month twenty days, and a school week five days. (163) 
 
 [1877, p. 124. Approved and in force March 5, 1877.] 
 
 4490. Colored children. The Trustee or Trustees of such town- 
 ship, town or city may organize the colored children into separate schools 
 of the township, town or city, having all the rights, privileges and ad- 
 vantages of all other schools of the township, town or city : Provided, 
 That in case there may not be provided separate schools for the colored 
 children, then such colored children shall be allowed to attend the pub- 
 lic schools with white children : Provided, further. That when any child 
 attending such colored school shall, on examination and certificate of his 
 or her teacher, show to the Trustee or Trustees of any township, town 
 or city, that he or she has made sufficient advancement to be placed in a 
 higher grade than that afforded by such colored school, he or she shall 
 be entitled to enter the school provided for white children of a like grade, 
 and no distinction shall therein be made on account of race or color of 
 such colored child. (3) 
 
 1. STATE'S POWER SEPARATE SCHOOLS. The system of common schools in 
 this State has its origin in, and is provided for by, the Constitution and laws of the 
 State. It is purely a domestic institution, and subject to the exclusive control of 
 the constituted authorities of the State. The Federal Constitution does not provide 
 for any general system of education to be conducted and controlled by the Federal 
 government, nor does it vest in the Congress any power to exercise a general or 
 special supervision over the States on the subject of education. The classification 
 of pupils on the basis of race or color, and their education in separate schools, 
 involve questions of domestic policy which are within the legislative discretion and 
 control, and does not amount to an exclusion of either class ; but since the ratifica- 
 tion of the fourteenth amendment of the Federal Constitution, no system of schools 
 
SCHOOL LAW OF INDIANA. 
 
 147 
 
 
 Id be general, uniform, and equally open to all, as required by our own ( (in- 
 stitution (#182), which did not provide for the education of the colored children. 
 Corey r. Carter, 48 Ind. 327; Stater. Gray. '.:; Ind. :'>"'.'>; see Lewis r. Henley, 2 
 Ind. 
 
 IM-TAN" i: MI-ST HK ii KAs >x AISLE. The Legislature evidently intended by 
 the above section that the colored children should have a right to go to the public 
 schools when in operation, if they desired ; and that they should go to separate 
 schools when they were reasonably convenient, but when not convenient, then to 
 the white schools. What is reasonable, under the circumstances. is largely with 
 the Trustee, and I could lay down no certain rule by which he should be governed. 
 The colored child could be required to go a reasonable distance to attend a colored 
 school, although there might be white schools much closer, but when the reasonable 
 distance has been reached, he can not be forced to go beyond. Woollen, Atty-Gen. 
 
 A pupil who is compelled to go from the extreme corner of a township to the 
 center of that township to obtain school privileges, is practically debarred from 
 such privileges. Such a construction of the above act is evidently in accordance 
 with neither the spirit nor the letter of the law. Hence, I must conclude that it is 
 the intent of the law that not only a school or schools must be provided, but that 
 such school must be located that the distance such colored pupil must travel to 
 reach it <hall not be unreasonable, and that, in case this is not done, the colored 
 children niii-t be admitted to the white schools. In determining the reasonableness 
 of the distance which a pupil may be compelled to travel to school, the age and 
 condition of the pupil mint lie taken into consideration. 7>/oxx, Supt. 
 
 3. PRIVILKUKS EQUAL. I think that the expression "all the rights, privileges 
 and advantages of other schools," clearly makes it the duty of Trustees to furnish 
 colored children, as far as may be possible, school privileges for an equal length of 
 time with the whites. I do not see how the consent of the colored people them- 
 selve< to any other arrangement can relieve the Trustees of this duty to the colored 
 children. It is the duty of the State to give them equal educational advantages 
 with white children, whether they demand them or not. Holcombe, Xii/it. 
 
 4. COMITI^ION. The Township Trustee will not be required by mandate to 
 ildish separate schools fj>r colored children, unless it is shown to be practi- 
 cable. State V. (Jrubb. S."> Ind. '21.,; State 0. Cray, '.M Ind. 303. 
 
 Si I-AKATK SCHOOLS ri KMITTED. The constitutionality of the law for the 
 
 iblislmiem of -eparate schools for colored and white children is settled. The 
 
 discretion given to school oflicers to ( stahli-h separate schools for colored children 
 
 can not be controlled by the courts, in the absence of malice or corruption, nor can 
 
 the courts compel the admi<sii.n of a child to a school already overcrowded, nor 
 
 consider the competency of teacher-, or the necessity of the graded schools, nor 
 
 determine the grade to which a child is qualified to be admitted. State v. Gray, 
 
 Ind. 303. 
 
 [18*1 S., p. 580. Approved and in force April 7, 1881.] 
 
 4496il. Indigent children. It shall be the duty of each matron 
 M-lectrd ;ind appointed under the provisions of this act to provide the 
 children committed to ber cure and custody with suitable and sufficient 
 food and cl<>thinir, and t> irive them proper home traininir and education ; 
 and, in furtherance of this object, she shall seed to the common schools 
 
148 SCHOOL LAW OF INDIANA. 
 
 in the districts most convenient to the place where such children are 
 kept, where they shall be received and taught at least three months in 
 each year, all of such children under her care as are of the proper age 
 .to be admitted into such schools, and to give personal attention to the 
 instruction of those not of sufficient age to be received into such schools. 
 It shall further be her duty, at all proper times when such children are 
 not in school, nor engaged in -study, to engage them in some active 
 labor suited to their age and strength, to the end that they may become 
 useful, industrious and self-supporting citizens. (3) 
 
 1. SCHOOL PRIVILEGES ENUMERATION. Such children are entitled to school 
 privileges in the corporation in which the statute ($6106 B. S.) establishes their 
 home, and should be enumerated accordingly. Holcombe, Supt. 
 
 [1885, p. 251. Approved April 2, 1885, and in force July 18, 1885.] 
 
 4496b. Appropriations tor indigent children. The Boards of 
 Commissioners in the several counties of this State are hereby author- 
 ized to make suitable appropriations for the education, in the common 
 school branches of learning, of the pauper children of their respective 
 counties whenever, in the jndgment of the Board of Commissioners, 
 justice to the school district or districts wherein such pauper children 
 are kept demands such assistance ; and all expenditures authorized by 
 this act, shall be made aud paid out of the County Treasury, on war- 
 rants drawn by the Auditor on the order of the Board of Commission- 
 ers : Provided, That where there is no provision for a matron, or an in- 
 sufficient number of children to require the services of a matron, or the 
 establishment of a separate school for the inmates of such asylums, it 
 shall be the duty of the Board of Commissioners to require the Super- 
 intendent of such asylum to send such children to the township schools. 
 
 1. NOTE. Section 4496a requires the matron, whenever such a person is 
 employed, to send all the indigent children of school age who are in her charge 
 to the common schools in the district most convenient. This additional section 
 requires the Superintendent of the County Asylum to send such children to school 
 in like manner. All the indigent children maintained by the county are thug 
 assigned to the public schools. They should, therefore, be enumerated by the 
 school corporation in which they are maintained, so that the corporation may 
 receive the amount of common school revenue apportioned for them by the County 
 Auditor. But as such children represent no property from which the corporation 
 may derive any revenue from local taxation, the County Commissioners are em- 
 powered, and it is their duty, to appropriate such amounts as may seem to them 
 just for the share of such children in the special school and local tuition revenues. 
 Holcombe, Supt. 
 
SCHOOL LAW OF INDIANA. 
 
 149 
 
 J, S. t p. 40. Approved May 5, isrt.i. and in force August 16, 1869.] 
 
 Branches taught. The common schools of the State shall 
 be taught in the English language ; and the Trustee shall provide to 
 have taught in them orthography, reading, writing, arithmetic, geog- 
 raphy, English grammar, physiology, history of the United States, and 
 good behavior, and such other branches of learning and other language* 
 as the advancement of the pupils may require and the Trustees from 
 time to time direct. And whenever the parents or guardians of twenty- 
 five or more children in attendance at any school of a township, town 
 or city shall so demand, it shall be the duty of the School Trustee or 
 Trustees of said township, town or city to procure efficient teachers and 
 introduce the German language, as a branch of study, in such schools ; 
 and the tuition in said schools shall be without charge : Provided, Such 
 demand is made before the teacher for said district is employed. (147) 
 
 1. 'a ni'TY MANDATE. In a Circuit Court the plaintiff asked for a 
 
 writ of mandate to compel the defendants to have their children taught algebra 
 and Latin in an ordinary district school. The court issued the mandate in regard 
 to algebra, and refused it in regard to Latin, solely on the ground that the plaint- 
 iils had not made a suitable demand on the Trustee in regard to that study, hold- 
 ing that it was his duty to cause Latin to be taught, if the attainments of the 
 pupils required it, and that he could be compelled to do so by suitable proceed- 
 The court argued that sections 44U7 and 4499 were not inconsistent with 
 each other. The intent of the Legislature was that " other branches of learning 
 and other language*" should be taught in the public schools whenever the pupils 
 therein wen sutlicicntly advanced in the elementary branches, and in order that 
 the legislative intent might be made effective two modes of acting were provided 
 for: '1 The voters were empowered to act But, lest from any cause they 
 failed in their duty ami left those entitled to the benefits of the public schools 
 without a remedy, then ("2: the School Trustee shall act, and, they being public 
 officers, could be compelled by the courts to perform their duty in case they neg- 
 i to do the same. Gruhbs r. Williams, Johnson Co., 1880. 
 
 J. AI.LI i -I.INAL sTrniEs. It has been asked whether it is the duty of School 
 Trustee- to provide a course of study adapted to the preparation of pupils for col- 
 The question should be answered in the affirmative. It is fair to assume 
 that the Tru-tce> 11111*1 provide suitable instruction for ail the children who have 
 a right to attend school; that is, they must atlord them inch instruction as their 
 attainments demand. If a child ha< master**! all the primary branches, and being 
 le.-s than twenty-one yxars of a ire. still desires to attend schools, the Trustees must 
 provide suitable instruction for him. It is not reasonable to expect him to spend 
 further time on branches which he has mastered. The fact that the law permits 
 children to attend school until they are twenty-one years of age is presumptive 
 proof that the Trustee- may be required to furnish such instruction as is suitable 
 to their attainments till they reach that a ire. I think the argument here adduced 
 equally applicable to Trustees in cities a>- to those in townships, as the language 
 of the statute applies to both alike. Smart, Supt. 
 
 
150 SCHOOL LAW OF INDIANA. 
 
 3. ORDER OF STUDIES. The school law provides that instruction shall be 
 imparted in certain studies, the German language under certain circumstances 
 being included in the list. The time at which these studies shall be commenced, 
 the order in which they shall be taken up, and the length of time devoted to each, 
 are matters which are and must be left to the Trustees or School Board. It is their 
 duty to act upon a regular petition, but to act in the way which, in their discre- 
 tion, seems most practicable. Holcombe, Supt. 
 
 4. TEACHER'S CONTRACT. If the Trustee had employed a teacher for the term, 
 or school year, before the patrons of the district petitioned him to have the Ger- 
 man language taught in the school, then he was justified in paying no attention to 
 their petition. Baldwin, Atty-Gen. 
 
 5. GERMAN A BRANCH OF STUDY. The plain requirement of the law is that 
 the common schools shall be taught in English, and that under certain circum- 
 stances the German language may be introduced as a branch of study. It is not 
 contemplated that German shall be used as the medium of communication and 
 instruction in the schools. That would be at variance with the purpose of our 
 schools. But in the midst of a dense foreign population it may be impossible to 
 conduct a school in English. The law never requires the impossible. But it is 
 the duty of officials and citizens to conform to the law in all respects as nearly as 
 circumstances permit. Now, the German children of Indiana are as much entitled 
 to school privileges as any others, and it is often necessary that they receive 
 instruction through the medium of their native language. But when such is the 
 case the teacher should be required to teach the children the English language as 
 rapidly as it can be done, and to change the language of the school as soon as 
 possible from German to English, making the latter the medium of communica- 
 tion. It follows that no person should be employed as a teacher of German chil- 
 dren who is not able to pursue this course, for which the ability to speak English 
 is essential. Indeed, so important is a thorough knowledge of English to such 
 teachers that they ought to be able to write their examination in that language, 
 and there is no reason for exempting them from examination in any of the eight 
 branches. Holcombe, Supt. 
 
 6. Music. The Trustees may require all pupils to study music, to provide 
 themselves with a certain kind of music books, and may prohibit the attendance 
 of any pupil that refuses to comply with such requirement. State v. Webber, 
 108 Ind. 31. 
 
 7. LICENSE FOR TEACHERS OF SPECIAL SUBJECTS. When a teacher is em- 
 ployed to teach special subjects, he should* be examined only on the subjects he is 
 required to teach. Varies, Supt. 
 
 See section 4425, note . 
 
 8. STATUTE CONSTRUED. The words "any school" means any place where a 
 public school is taught, with its complement of teachers and scholars. 127 Ind. 14. 
 
 9. GERMAN MUST BE TAUGHT WHEN DEMAND is MADE. Where the requisite 
 demand is made for the teaching of German in a certain school of the city, the 
 requirement of the statute is not met by providing that the language shall be 
 taught in another school of the city when the pupils have reached a certain grade; 
 but it must be taught in the particular school where the demand is made. And 
 the Board can not set up a lack of funds as an excuse for their refusal to intro- 
 duce the study of German, where it appears that studies not named in the statute 
 as required studies are taught at an expense greater than would be necessary for 
 
SCHOOL LAW OF 1MMANA. 
 
 151 
 
 the teaching of German, Board of School Commissioners of the city of Indian- 
 apoli> v. State ex rd Sander, 12U Ind. 14; S. C. % JS N. K. Rep. 61. 
 
 lu. See sections 4425, 4447a, 4447b, 4447c, 4447d, 4447e, 4447f, 4501, 4502 
 and notes. 
 
 , p. 3. Approved and in force March 6, 1865.] 
 
 4498. Voters' meeting School Director. The voters shall 
 meet, annually, on the first Saturday in October, and elect one of their 
 number Director of such school; who shall, before entering upon duty, 
 take an oath faithfully to discharge the same. The Director so elected 
 shall, within ten days after said election, notify the Trustee of his elec- 
 tion ; and, in case of failure to elect, the Trustee shall forthwith appoint 
 :i Director of said school. But any Director so appointed may be re- 
 moved, upon a petition of three-fourths of the persons attached to said 
 school who are entitled to vote at school meetings. (25) 
 
 1 . VOTERS AT SCHOOL MEETINGS. Voters at the school meetings of a district 
 arc all tax -paver-, male and female, except married women and minors, who have 
 been listed as parents, guardians, or heads of families, and attached to such district. 
 Tax-payers are those persons who are liable to pay taxes, either poll or upon prop- 
 erty. Any voter at the school meeting [a woman if unmarried] is eligible to the 
 office <>f Director. Buskirk, Atty-Gen. 
 
 Transferred persons are voters in the district to which they are attached. #4473. 
 IVr-ons who have moved into the district since the enumeration are voters. 
 
 Sup*, 
 
 2. THE I >i RECTOR. The selection of a Director should be a matter of great 
 care. lie receives no pay ror his services, and should therefore be one whose in- 
 
 ise of education would lead him to be a frequent visitor of the 
 school, and whose knowledge of the wants of the school room is such that he will 
 see that it is provided with all that will add to the comfort and convenience of the 
 teach. -r and the >cholars. Fletcher, .S'///</. 
 
 If the person elected Director refuses to serve, the old Director holds over, and 
 if he refu-e to hold over, or if at any time the Director dies or resigns, a meeting 
 should he called to fill the vacancy. (4499.) The Trustee can fill a vacancy only 
 when it i^ eau-ed by failure of the annual mectin.tr to elect. A person elected can 
 not be removed upon petition : but a person appointed must be removed when the 
 demand is properly made. J?/ow, Siijif. 
 
 i Mi i. i i:~ BLBCTED ANI> .U>I><IINTKI>. It is only elected oflicers that hold 
 until their <neccss<rs are elected and qualified. An appointee to fill a vacancy 
 can only -er\. out the unexpired term. 78 Mich. 635. 
 
 \M> AITA< IIF.I). To be "listed a> parents, guardians or heads of 
 families" means that the Trustee in taking the enumeration listed them, that is, 
 put them on the enumeration list or report, and " attached," that is. assigned them 
 to a certain district for school purposes. Varies, Supt. 
 
 6. This section has no application to incorporated towns and cities. 42 Ind. 
 200. 
 
152 SCHOOL LAW OF INDIANA. 
 
 [1873, p. 68. Approved and in force March 8, 1873.] 
 
 4499. Other meetings Powers. The voters at school meetings 
 may hold other school meetings at any time, upon the call of the Di- 
 rector or any five voters. Five days' notice shall be given of such meet- 
 ing, by posting notices in five public places in the vicinity ; but no meet- 
 ing shall be illegal for want of such notice, in the absence of fraud ; and 
 the legality of such proceedings, if called in question, shall be deter- 
 mined by the Trustee of the township, subject to an appeal to the County 
 Superintendent, whose decision shall be final. Such school meetings 
 shall have power to determine what branches, in addition to those men- 
 tioned in section thirty-four of this act [4425], they desire shall be 
 taught in such school, and the time at which such school shall be taught : 
 Provided, however, That the tuition revenue apportioned to the school 
 shall be expended, within the school year for which it was apportioned : 
 Provided, further, That such school year shall begin on the first Monday 
 of July. Such school meetings shall likewise have the power to fill va- 
 cancies that may occur in the office of Director ; to direct such repairs 
 as they may deem necessary in their school house ; to petition the Town- 
 ship Trustee for the removal of their school house to a more convenient 
 location, for the erection of a new one, or the sale of an old one and the 
 lands belonging thereto, and upon any other subject connected therewith ; 
 and at such meetings all tax-payers of the district shall be entitled to 
 vote, except married women and minors : Provided, That nothing 
 herein contained shall prevent the Trustee from exercising a sound dis- 
 cretion as to the propriety or expediency of making such repairs, re- 
 moving or erecting school houses, and the cost thereof. (26) 
 
 1. SCHOOL MEETINGS. The machinery of school meetings and School Di- 
 rectors is unprovided for and unknown in cities and towns. Crawfordsville v. 
 Hays, 42 Ind. 200. 
 
 2. On determination of branches, see 4497 and notes ; on filling vacancies, 
 see 4498, note 2. 
 
 3. APPORTIONMENT. The apportionment here mentioned is not an appor- 
 tionment in the strict sense in which the term is used when referring to that made 
 to the counties by the Superintendent of Public Instruction, and that made to 
 cities, towns and townships, by the County Auditor; but merely means an in- 
 formal estimate by the Trustees of the amount of money needed for each school 
 or district. (4494-2.) A district is not a corporation, and does not acquire a 
 right to any definite share of the revenue, which belongs to the township as a 
 whole. If, therefore, a teacher terminates his engagement so near the close of a 
 term that it is inexpedient to employ another person to complete the term, the 
 money designed by the Trustee for that school remains in his hands, to be ap- 
 plied to the payment of expenses of the other schools in his corporation, and that 
 part of it derived from the tuition revenue must be expended within the school 
 year. Holcombe, Supt. 
 
SCHOOL LAW OF INDIANA. 
 
 153 
 
 LOCATION OF SCHOOL HOUSE APPEAL. The action of a school meeting 
 with reference to the erection, repair or removal <if a school house, etc., has only 
 tin.' force of a request, and, therefore, never binds the Trustee to any course of 
 action. XiiHirt, .V///>/. 
 
 A Township Trustee can not, by mandate, be required to locate and build a 
 school house on land that does not belong to the township, notwithstanding the 
 County Examiner, on an appeal from his decision, has rendered a judgment re- 
 quiring him to erect a school house on said land. It is not enough that a petition 
 by certain inhabitants of the proper school district to the Trustee, praying for 
 such location and building, states that the land will be deeded to the township on 
 the acceptance of the location by the Trustee and his order to build. Koontz v. 
 State. 44 Ind. 323. See .4517-4519. 
 
 5. APPEAL TRUSTEE'S DISCRETION. The decision of the Examiner is, doubt- 
 le-. final so far as the particular case before him is concerned. But when the 
 Examiner, upon a case appealed to him, has established the location of a school 
 house, is that location to be forever thereafter permanent? Is there no power left 
 in the Trustee, for it must be in him if in anv one, to subsequently change the loca- 
 tion, in order to meet the varying wants of the district? We must hold that the 
 location thus made by the Examiner shall forever remain unalterably fixed, or 
 that it may be subsequently changed by the Trustee. If it may be changed by 
 the Trustee at all, it may be done at any time after the action of the Examiner. 
 Mere lapse of time, whether long or short, can not affect the question. As be- 
 fore observed, we think it clear that the Trustee can make the change. Id. See 
 H687. 
 
 On appeal, a County Superintendent reversed the decision of the Trustee, lo- 
 cating a school house. Again, on appeal, he reversed another decision by such 
 Trustee, refusing to locate the school house at a place designated by the Superin- 
 tendent in his first reversal. Thereupon the Trustee located the house at an en- 
 tirely different place, but near (150 yards from) where he had first located it. 
 The court decided that he could not be prohibited from locating the school house 
 at the place last chosen, and that the County Superintendent can not make the 
 location, and that his decision on appeal is final only for the time. State v. Me- 
 whinney, <>7 Ind. 397. This case overrules Trager v. State, 21 Ind. 317, and 
 State r. Custer, 11 Ind. 210, on this point. 
 
 6. APPEAL ABOLISHING DISTRICT. The facts in this case were that the legal 
 voters and patrons of school district No. 10 held a meeting, and by resolution re- 
 que-ted the Township Trustee t<> fit up an additional school room and procure a 
 teacher for said room. The Trustee declined to comply, and an appeal was taken 
 to the County Superintendent, who reversed the Trustee's decision. This action 
 wrt^ by mandate to compel the Trustee to comply with the request. The Trustee 
 answered that the land whereon the said school had been conducted did not belong 
 to the township, but was individual property, which had not been leased or other- 
 wise >ecured by the township: that -aid district never had a school building; that 
 other schools had been establi-hed, and an arrangement made to accommodate the 
 children of No. K>. which had been al>oli-hed. The complaint stated no cause of 
 action. The statutes permit tin.L: the voter- t<> hold -chool meetings and direct the 
 repair^, etc.. of the -chool buildings has only reference to public schools. The 
 statute has no reference to private -choo'.s. nor to private buildings of any kind 
 not leased to the township for school purpose.-. Where the voters direct repairs 
 
154 
 
 SCHOOL LAW OF INDIANA. 
 
 to be made elsewhere than the public school building, the Trustee has no right to 
 obey, and the decision of the County Superintendent otherwise is a nullity. The 
 Trustee had authority to abolish No. 16 and provide other educational facili- 
 ties for the children thereof. State v. Sherman, 90 Ind. 123; Tufts v. State, 119 
 Ind. 232. But see note 9. 
 
 7. RIGHTS OF PUPIL AFTER GRADUATION FROM DISTRICT COURSE OF STUDIES. 
 When a pupil has graduated from the common school course, he is entitled to be 
 taught the higher branches thereafter. If he can not be accommodated in the 
 district schools by vote of school meeting, as provided in section 4499, the Trus- 
 tee must furnish the necessary educational advantages elsewhere. The fact that 
 he passed the requisite examination precludes the Trustee from questioning his 
 ability to profitably pursue the higher branches. 
 
 A similar case was so decided in Grubbs v. Williams, in the Johnson County 
 Circuit Court, in 1880. Varies, Supt. 
 
 8. TRUSTEE MAY ABOLISH THE DISTRICT. The Trustee may abolish the dis- 
 trict and rearrange the boundaries of others so as to accommodate the pupils of 
 the abolished district. 4 Blackf. 351. 
 
 9. DECISION OF COUNTY SUPERINTENDENT FINAL. The decision of the 
 "County Superintendent is final as to the location selected by the Trustee. 129 
 Ind. 101. See notes 4, 5 and 6. 
 
 10. DIRECTOR'S CERTIFICATE OF VOTE. When the vote is certified to by the 
 director it becomes operative. 63 Mich. 611 ; 78 Mich. 635 ; 59 Vt. 202. 
 
 11. NOTICE is JURISDICTIONAL. Until the notices provided for have all been 
 given and posted as required, giving the time, place and purpose of the meeting, 
 the meeting will be illegal. 63 Mich. 611; 78 Mich. 635; 59 Vt. 202; 73 Mich. 
 40. See, also, 15 R. I. 446; 8 Atl. Rep. 341; 21 Neb. 723; 33 N. W. Rep. 266. 
 
 12. PLURALITY WILL CONTROL. In this country it is generally understood 
 that, in the absence of any statutory provision expressly requiring more, a plu- 
 rality of the votes cast will elect. 78 Mich. 635; 73 Mich. 40; 40 N. W. Rep. 928; 
 6 N. Y. Supl. 212; 53 Hun. 143; 41 Kan. 1; 71 Mich. 87; 38 N. W. Rep. 712; 
 47 N. J. 235. 
 
 13. See sections 4498, 4499a and notes. 
 
 [1893, p. 17. Approved February 7, and in force May 18, 1893.] 
 
 4499a. Whenever it becomes necessary for the Trustee of any 
 township in this State to change and re-establish the site of any school 
 building and remove said building to a new site and location therefor, 
 such Trustee shall first present to the County Superintendent of Schools 
 of the county in which such township is situated, a petition setting forth 
 therein the place and particular point to where it is desired to change 
 and relocate the site of any snch building, and to remove the same 
 thereto, together with a brief statement of the purposes and reasons for 
 such proposed change of location of said school building, and upon such 
 petition shall first procure an order from such County Superintendent, 
 authorizing him to change the site and location of such school building, 
 and remove said building to its new site and location ; Provided, That 
 
SCHOOL LAW OF INDIANA. 
 
 petition shall be signed by said Trustee and the majority of the pa- 
 i rons of the school where said building is located, and satisfactory proof 
 hall be made to said County Superintendent that the persons signing 
 aid petition constitute a majority of the patrons of said school. 
 
 4499b. Before such County Superintendent shall grant such order 
 uch Trustee shall make and file with said Superintendent his affidavit 
 hat he has caused notice to be given of such petition, the purposes 
 hereof, the place of the change of location of such school building, and 
 he time when the same will be presented to the said County Superin- 
 ,endent by posting notices in not less than five public places in his town- 
 ship, three of which shall be in the immediate neighborhood from where 
 mch school building is to be removed, at least twenty days prior to the 
 ime when the same is to be heard by said County Superintendent. 
 
 4499c. The Trustee of any township in this State violating the pro- 
 visions of this act shall be guilty of a misdemeanor, and, upon convic- 
 tion thereof, shall be fined in any sum not less than fifty nor more than 
 five hundred dollars. 
 
 4499(1. All laws and parts of laws in conflict with the provisions of 
 this act are hereby repealed. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4500. Estimate of expenses. When such meetings shall petition 
 the Trustee in regard to repairs, removal, or erection of a school house, 
 they shall also furnish to such Trustee an estimate of the probable cost 
 of such repairs, removal or erection. (27) 
 
 1. PETITION OF PATRONS. A petition for the location, etc., of a school house 
 may he signed and presented to the Trustee, and an appeal taken therefrom, 
 although such petition did not originate, nor was it signed, at a school meeting. 
 Trager r. State, 21 Ind. 317. 
 
 [1891, p. 111. Approved and in force March 5, 1891.] 
 
 4500a. Doors must swing outward. Whoever, being the owner, 
 
 mairer. les>ce, trustee, or person having the charge of any theater, 
 )pera-house, museum, college, seminary, church, school house, or other 
 mhlic huildinjr, refuses or neglects to cause all the doors thereof, con- 
 tructed for the purpose of ingress and egress, whether inner or outer 
 loors, to be so hunir that tin- same shall swiiiLT outwardly, shall be fined 
 in any sum not exceeding one thousand dollars nor less than ten dollars, 
 
 \vhieh may be added imprisonment in the county jail for any period 
 lot exceed in <: six months: /'/vr/r/,,/. That this section shall not apply 
 
 the outer doors of one-story churches and school houses. (243) 
 
156 
 
 SCHOOL LAW OF INDIANA. 
 
 [1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 
 
 4501. Teachers, employment and dismissal. Trustees shall em- 
 ploy no person to teach in any of the common schools of the State of 
 Indiana, unless such person shall have a license to teach, issued from the 
 proper State or county authority, and in full force at the date of the 
 employment. Any teacher who shall commence teaching any such 
 school without a license, shall forfeit all claim to compensation out of 
 the school revenue for tuition for the time he or she teaches without 
 such license ; but if a teacher's license shall expire by its own limitation 
 within a term of employment, such teacher may complete such term of 
 employment within the then current year. The said Trustee shall not 
 employ any teacher whom a majority of those entitled to vote at 
 school meetings have decided at any regular school meeting, they do not 
 wish employed ; and at any time after the commencement of any school, 
 if a majority of such voters petition such Trustee that they wish the 
 teacher thereof dismissed, such Trustee shall dismiss such teacher, but 
 only upon due notice, and upon good cause shown ; but such teacher 
 shall be entitled to pay for services rendered. (28) 
 
 1. LICENSE ESSENTIAL. A valid contract for the teaching of a public school 
 can not be made by a Trustee with one who, at the time, has no license to teach in 
 the county, and the subsequent procurement of a license does not validate the con- 
 tract. Butler v. Hains, 79 Ind. 575. And a person can neither recover compensa- 
 tion for services rendered as teacher, nor damages for breach of contract for such 
 services, unless he was licensed to teach as prescribed by the statutes. Jackson 
 Township v. Farlow, 75 Ind. 118. See also Harrison v. Conrad. 26 id. 337, and 
 Putnam v. Irvington, 69 id. 80. See note 14. 
 
 2. LIABILITIES OF TRUSTEES. If a Trustee employes or permits to begin 
 teaching in a public school any person who has not a valid license as required by 
 law, the Trustee will be liable on his bond for the misapplication of any school 
 revenue paid to such unlicensed person ; and the County Superintendent or any 
 interested citizen may bring an action against the Trustee to recover for the corpo- 
 ration the amount so misapplied. Holcombe, Supt. See note 15. 
 
 If the father or guardian of a minor employed to teach has given him what 
 is properly called " his time," the minor can sue for and recover the value of his 
 services, and the Trustee can pay him the money earned without fear of having to 
 pay it to such father or guardian. But if the father or guardian has not given 
 him "his time," then only the father or guardian is entitled to receive pay for the 
 services rendered, and either of them is entitled to sue for the same. In all cases, 
 before payment is made, require the father or guardian to give a receipt, or else 
 require him to consent in writing to the payment to the minor. Baldwin, Atty- 
 Oen. See note 31. 
 
 3. TEACHERS' CONTRACTS ACTIONS. A teacher contracts with a school town- 
 ship through its Trustee, and although the Trustee squanders the township funds 
 and his bond is worthless, yet the township is liable to pay the teacher as specified 
 

 in the contract. A verbal contract with a School Trustee to teach a school is 
 as binding as a written contract. Baldwin, Atty.-Gen. 
 
 A contract to teach selm.il. which is left blank in respect to the terms of em- 
 ployment, and contains no .stipulation as to how the blanks shall thereafter be 
 filled is not binding; but if treated as a contract of employment for an indefinite 
 time the damages for its breach would be nominal only. Atkins r. Van Buren 
 Township. 77 Ind. 447. 
 
 The fact that a Trustee has no funds is no defense to a teacher's claim for 
 compensation, nor an excuse for refusing to allow him to complete his term of em- 
 ployment. Harmony Township r. Moore, 80 Ind. '27*'*. 
 
 The court, after a failure to make the money on execution, may order the 
 judgment in favor of the teacher to be paid out of the school funds of the town- 
 ship in the county treasury. Town of Milford r. Simpson, 11 Ind. 520. 
 
 A teacher of a common school is entitled to compensation, if failure to act- 
 ually conduct the school each day of the term was caused by the act or omission 
 of the school authorities; and where the evidence shows that a strict perform- 
 ance by the teacher of the conditions of the contract has been prevented or waived 
 by such act or omission, a recovery can not be defeated by such failure. Charles- 
 town Township r. Hay, 74 Ind. 127. 
 
 To recover for his services, the teacher must sue the school township, and not 
 the civil town>hip. Harrison Township r. McGregor, 67 Ind. 380. 
 
 When may be employed. A contract made by the School Board of Trustees of a 
 town or city with a teacher prior to the annual election in June of a new member 
 of i he hoard and the reorganization required by statute, for services to be per- 
 formed after the election of such member, is valid and binding on the school town 
 or city. School Town of Milford r. Zeigler, 27 N. E. Rep. 303 ; Reubeltv. School 
 Town of Xol.lesville, KM! Ind. 478. Amount of recovery, see $4449, note 4. 
 Sutli'-ieney of complaint, see School Town of Rochester r. Shaw, 100 Ind. 268, and 
 Owen School Township r. Hay, 107 Ind. 351. 
 
 Where a School Board in session passed, and entered of record, an order em- 
 ploying a teacher this was a valid employment, and the subsequent signing by the 
 Trustee- at dilierent times can not affect it. School Town of Milford v. Zeigler, 
 27 N. !:. Hep. M<>:;.- 
 
 The licensing of a minor to teach in our public schools does not remove his 
 ability to bind himself by a contract to teach school. Any contract such minor 
 may make with a school township is binding upon the township, and such minor 
 may sue the township and recover the value of his services, even though that 
 amount he more than the price agreed upon. But the minor is not bound to teach 
 the school unless he >ee> tit, and he can receive pay only for the work actually 
 done. Balflinn, At/y-Gen. See 2 above. See also note 9. For term of employ- 
 ment of township teacher see section 4'><la. See, aNo, note 31. 
 
 4. PROTEST AGAINST TEACHER. A protest against a teacher to be binding 
 mu>t be made at a school meeting regularly called and conducted according In law 
 before the employment of the teacher, and by a majority of all the persons entitled 
 to vote at such meeting, not merely a majority of tho-c present. The persons en- 
 titled to vote at the school meeting of a district are all tax-payers, male and female, 
 except married women and minors, who have been lifted by Trustees as parents, 
 guardians or heads of families, and attached to such district. ($4498-1.) The 
 patrons are by law entitled to protest against the employment of any teacher. It 
 
158 
 
 SCHOOL LAW OF INDIANA. 
 
 is the Trustee's duty to allow them an opportunity to make their protest in the 
 manner provided by law, and, if he is notified that a school meeting will be called 
 for that purpose, any contract he may make with a teacher will be subject to the 
 action of such meeting. Patrons are not empowered to select teachers ($4444-2)' 
 and they can not effect a selection indirectly by protesting against all the world 
 except a certain person. The protest must name definitely the person or persons 
 against whom it is directed. Hoicombe, Supt. 
 
 5. DISMISSAL OF TEACHERS. A teacher employed for a definite time may be 
 discharged for incompetency ; but if he is competent, and is, in all things, fulfill- 
 ing his contract, he can not be, without his consent. Crawfordsville v. Hays, 42 
 Ind. 200. But when the teacher is improperly discharged, the school corporation, 
 not the Trustees personally, is liable. Morrison v. McFarland, 51 Ind. 206 ; But- 
 ler v. Haines, 79 Ind. 575. 
 
 This is the language of the Supreme Court, and, although made with refer- 
 ence to a city, is an enunciation of the common law principle, and is, I think, ap- 
 plicable to the case of dismissal of a teacher by a Township Trustee, without a 
 petition from the patrons. If the teacher breaks the contract, it seems to me that 
 the Trustee should not be bound by it. The law requires the Trustee to investigate 
 charges made against a teacher by a majority of the voters of the district, but it is 
 held that he may investigate charges made by any number of responsible patrons. 
 The decision of the Supreme Court, upon an analogous question, in Thayer v, 
 State, 21 Ind. 317, justifies this opinion. Smart, Supt. 
 
 But no Trustee should ever dismiss a teacher without first giving him an op- 
 portunity to be heard in his defense. Varies, Supt. 
 
 The Trustee should investigate the truth or falsity of the matter alleged for the 
 dismissal of a teacher. For this purpose he should cause the parties petitioners 
 and teacher on an appointed day to appear before him, when he should hear the 
 testimony pro and con. Any of the causes for the revocation of a license enumer- 
 ated in $4426, is likewise good cause for the dismissal of a teacher. Peculiar cir- 
 cumstances may sometimes render dismissal proper for other causes. Bloss, Supt. 
 
 6. HOLIDAYS. The Fourth of July, Thanksgiving Day, Christmas, and New 
 Year's, are, by universal consent and very general practice, regarded as holidays 
 in this country. Employes in almost all kinds of business are excused from labor 
 on those days and allowed their wages. It would surely be very unreasonable to 
 make a teacher an exception to this general rule. Hopkins, Supt. 
 
 Recognized holidays can not be deducted from the time for which a school 
 teacher contracts to teach, and his pay reduced accordingly. He is entitled to pay 
 for such days, even though he does not teach. School District No. 4 v. Gage, 39 
 Mich. 484 ; Holloway v. School District, 62 Mich. 153. See note 38. 
 
 7. IN CITIES AND TOWNS. The latter part of this section (concerning the 
 power of school meetings and the employment and discharge of teachers) has no 
 application to cities and incorporated towns. But if, in such cities and towns, the 
 teacher be incompetent, or fail in the duties of teacher, he may be dismissed by the 
 School Trustees. Crawfordsville v. Hays, 42 Ind. 200 ; Putnam v. School Town of 
 Irvington, 69 Ind. 80. 
 
 8. THE CONTRACT WHAT CONSTITUTES STIPULATIONS OF. The variety of 
 stipulations in contracts to teach in this State led the Executive Committee of the 
 State Teachers' Association of 1893 to place the subject, "What constitutes the 
 legal stipulations of a contract to teach," on the program, and to select a noted 
 
159 
 
 attorney, who has long been a member of the School Board, to present the legal 
 phases df the >uhject of contract-. Hun. Kphraim Marsh, of < Ireenfield, Ind., 
 alter several week.-' investigation, presented the following paper to the officers' 
 section of tin- Association. The high standing of Mr. Marsh before the bar of the 
 Stair, his longserviee as a school trustee, and the numerous common law interpreta- 
 tions in adjudicated cases which lie cites, gives full assurance that his conclusions 
 arc -oimd. 
 
 School trustees may stand in the way of progress in our public schools. Some 
 of them have greatly injured the schools of their corporations by inserting in 
 their contracts to teach arbitrary, illegal and vicious clauses, thus driving out of 
 their corporations the most worthy and progressive teachers. It is hoped that, by 
 thi- clear statement of the law and their duties in this regard, there will be fewer 
 vicious contract- f.i>ted upon the teachers of the State, and that the schools will 
 thereby be lifted to a higher plane. 
 
 A -tatute requiring the publication in the county newspapers of all contracts 
 to teach would disclose not only an unprogressive, but a very vicious practice in 
 some of our school corporations. 
 
 These contracts in themselves are highly educative. The people have a vital 
 interest in them. Anything that is contrary to public policy should not be toler- 
 ated in a public contract. 
 
 The paper. "The question is. 'What constitutes the legal stipulations of a 
 contract to teach'? In the discussion of a question like this, the first thing to 
 call your attention to is, that in every contract there must be the coming together 
 of two or more minds. In a teacher's contract it is the school corporation, by its 
 officers, and the teacher. The school corporation is governed by the laws of the 
 State, and, in making a contract with a teacher, the laws of the State enter into, 
 and become a part of, the same. See Owen School Township of Clark County v. 
 Hay. in? Ind., p. 361, 
 
 It i- a No a familiar principle of the law of contracts that that which is re- 
 pugnant or contrary to law, although expressed in the contract, is void. Also 
 anything that is against public policy or vicious in its tendencies. With these 
 simple rules for the construction of a contract, a school officer ought not to have 
 any trouble in drafting a contract with a teacher, or in construing one already 
 drafted, and, therefore, the only stipulations a contract should contain would be 
 the -chool term, its beginning and ending, the place where the school is to be 
 taught, and the wages to be paid. Anything else in a contract is surplusage, and 
 i- very likely to be void; and, if not void, may lead to confusion and litigation. 
 I think the-e an- the le^al stipulations of a teachers' contract, and these only. A 
 school teacher is a ^ii<i*i oilicer, and, when he contracts with the proper officer to 
 teach school, he has certain ve-ted rights under the law. which can not be abridged 
 by contract, and should not be if they could, and any limitations placed on him 
 contrary to law are void. For example, Mich as: 'We re-erve the right to clo-e 
 the -chool at any time if not satisfactory.' 
 
 "Such a stipulation is not authorised, and is. therefore, void. For authority 
 see 'Tripp 9. School District. "<> \Vis., p. 651.' 
 
 Bo, likewi-e, would be all similar .stipulations, such ax deductions from the 
 wages of the teacher, for legal holiday-, etc. The Supreme Court of Michigan, 
 in Holli.way r. ( >L'den School District No. '.. 'JSth N. W.. 7J4 ; ^2 Mich. l~>:i. 
 >ay- : 'The compensation of a teacher can not be affected by the occurrence of a 
 
160 
 
 SCHOOL LAW OF INDIANA. 
 
 legal holiday.' As before stated, a teacher, under the law, has certain vested 
 rights, which can not be taken from him. For instance, where the school house 
 is destroyed by fire or otherwise, the teacher is entitled to his pay, whether he 
 teaches or not, if the school corporation fails to furnish him another house. 
 In the case of School District v. Crews, 23 111., App., p. 367, the Court says; 
 1 Where the school house is destroyed by fire, and the School Directors fail to fur- 
 nish another room, a teacher can recover, under his contract to teach, for five 
 months,' etc. So, also, in the case of small-pox or other epidemic, where the 
 schools have to close on account thereof. For authority see Dewey v. Alpena 
 School District, 43 Mich., p. 480, in which the Court says: 'A public teacher 
 may recover wages for his stipulated term, although school was suspended on ac- 
 count of small-pox.' So, also, would a stipulation in a contract be void that a 
 teacher is to teach during the pleasure of the School Board, etc. For authority, 
 see Scott v. Joint School District. 51 Wis., p. 554, in which the Court says: 
 ' Where a teacher is discharged by the School Board before the close of the term, 
 the district will be liable to him for damage, unless he did not properly perform 
 his contract.' 
 
 "Just how far a teacher may bind himself by contract, beyond what I have 
 already given, I am not prepared to say, as the tendencies of the decisions of the 
 courts of last resort, and the public sentiment on the question of the common 
 schools, would seem to me not to warrant school officers in making contracts with 
 public school teachers, to bind them to do or not to do, anything not clearly de- 
 fined by law. 
 
 "The public schools of Indiana are run on a broad gauge system, and all who 
 are connected therewith should see to it that the teachers who bear the heat and 
 burden of the day ought not, in any way, to be handicapped by contracts, which, if 
 not in direct violation of law, are at least against its spirit, and the liberal tend- 
 ency of the age in reference to our common schools. 
 
 " While a teacher's contract may be either by parole or in writing, yet, it should 
 always be in writing, and in plain and unmistakable terms, and ought to be uni- 
 form throughout the State, and I would, therefore, suggest that the Superintendent 
 of -Public Instruction prepare a form of contract in conformity to the law of the 
 State, as I am informed that the contracts to teach school, as to the stipulations, 
 are as numerous almost as the school corporations, and contain almost every va- 
 riety of stipulations that may be in the fertile mind of the school officer, binding 
 the teacher to do and perform almost everything under the pains and penalties of 
 everything except the death penalty. This state of affairs should not exist. We 
 should elevate the teacher, not degrade him. He is doing a noble work, and we 
 should assist him with generous laws and liberal contracts. 
 
 "In conclusion, I will say that, in my opinion, the legal stipulations of the 
 teacher's contract to teach school are those clearly defined by law, and anything 
 in addition thereto is of doubtful propriety, and will only lead to confusion and 
 error." 
 
 It is sincerely hoped that the doctrine of the above paper will be followed by 
 every School Trustee in the State. Varies, Supt. 
 
 9. TRUSTEES MUST CONTRACT AS OFFICERS,, AND NOT AS INDIVIDUALS. It 
 must be remembered that School Trustees contract as officers, and not as individ- 
 uals. They are permitted, then, to make such contracts as the law creating the 
 office of School Trustee authorizes them to make, and none other. They can not, 
 
SCHOOL LAW 'F IMJIANA. 
 
 161 
 
 or i 
 
 
 
 refore. contract with a teacher as they might with a farm hand. To contract 
 with a teacher is an official act, and, therefore, such a contract is limited by the 
 statute creating the office. They may contract with a farm hand as individuals, 
 and in such a contract they are not limited by the same laws as when they contract 
 as otli< ^<>jit. 
 
 10. Ai-i'KAL. Upon appeal the case is tried de novo, upon its merits. 7 Ind. 
 JU7: 12 Ind. 566; :. Ind. 333. This applies to appeals to the County Superin- 
 tendent as well as appeals to the Circuit Court. UonVs, Xiifit. 
 
 11. PUBI.IC OFFICERS WHETHER LIABLE IN DAMAGES FOR MISTAKE. Pub- 
 lic officers, to whom matters may be submitted for their determination, the con- 
 sideration of which requires an exercise of their deliberative judgments, are not 
 answerable in damages for mere errors of judgment, unaccompanied with malice 
 or bad faith. !<:> 111. 263; 111 Ind. 47 
 
 1-J. FAILURE TO PERFORM DUTY UNDER CONTRACT. Under the common law- 
 teacher would be subject to discharge if he failed to perform his duty in any 
 aterial point. ">< Wis. 657. 
 
 13. AMOUNT OF DAMAGES IN CASE OF WRONGFUL DISCHARGE OF TEACHER. 
 When a teacher is discharged without cause, he may recover the amount of his 
 
 iccording to his contract, unless he could have procured similar employ- 
 Hunt, the burden of proving which is on the Board. 36 111. App. 133. See 
 note 21. 
 
 14. UNLICENSED PERSON MAY RECOVER REASONABLE WAGES SUPERIN- 
 TKN DENT'S DUTY. If a Trustee permits an unlicensed person to begin teaching, 
 and pay.- such person out of the tuition revenue, the amount so paid may be re- 
 covered by any person interested. County Commissioners should allow no credit 
 f<.r money so paid. Hut a person so permitted to teach may enforce the payment 
 of reasonable compensation from the Trustee as an individual. 51 Ind. 206. It 
 is the County Superintendent's duty to see that tuition revenue wrongfully paid out 
 i^ recovered. TV/'>-, Xupt. 
 
 1-"). CONTRACT MUST NOT CONFLICT WITH LAW. A contract with a teacher 
 must not conflict with the law in any particular. 29 Ind. 375; 40 Ind. 195; 48 
 Ind. 541. See note 9. A teacher contracts with reference to the statute. 107 
 Ind. 86L 
 
 K>. Wi HK SWORN. I think our statute impliedly requires all 
 
 witne-se- to be -worn, or to make affirmation. See sec. 4539. Voricx, Supt. 
 
 17. KFX -IXDING msTK.MT. A contract with a teacher may be rescinded 
 when he is eharirrd with outra<jeou< crime-, such, for instance, aa beintr charged, 
 in a divorce Miit. with having committed various act< of adultery. 15 Mo. App. 
 Jeo, if the teacher i> charged with as-aiilt with intent t<> commit rape. 
 17 111. App. 347. Thi- i- ju-titied on the ground that a teacher impliedly con- 
 tracts t. have a L; i moral character, and to exert the influence of such cha 
 
 upon the -chool. When the character i- in MI<-!I -rave doubt the influence it 
 and the contract i-. therefore, broken. ,>f. 
 
 1 v Yum rnNTUACT. I-' very contract relating to the employment of a 
 leachi-r \\lio , l<,e> m, i bold a lawful certiticate of qualification i- void, bv ti 
 pro* terms of the >tatute. 44 N. W. Kep l.< I and 15. 
 
 1!'. I'KKIOD i.i' i:\-i H M\KI \ 7AUD CONTRACT, A license 
 
 on which a valid contract may be made mu-t not onlv be " in full force at the 
 
 HOOI I. AW. 
 
162 
 
 SCHOOL LAW OF INDIANA. 
 
 date of employment," but it must extend over some portion of the school term for 
 which the contract is made. -Varies, Supt. See note 1. 
 
 'JO. DISCHARGED WITHOUT CAUSE. A teacher engaged for a specific term, 
 and discharged without cause, can recover compensation, the damages usually 
 being the amount of the stipulated wages; but this may be reduced by proof of 
 ability to earn from other sources. 15 Colo. 367. See note 13. 
 
 21. EPIDEMICS No DEDUCTIONS FROM TEACHER'S SALARY FOR TIME LOST 
 BY REASON OF. Small-pox is not actus Dei in such a sense as to excuse a school 
 district from liability on a contract with a teacher, the performance of which the 
 district has prevented by closing the school. The act of God which will release 
 one from the obligation of a contract is one which renders its performance im- 
 possible. 
 
 Continuing, the Court said : Beyond controversy the closing of the schools 
 [on account of the prevalence of small-pox] was a wise and timely expedient ; 
 but the defense interposed can not rest on that. It must appear that observance 
 of the contract by the district was caused to be impossible by act of God. It is 
 not enough that great difficulties were encountered, or that there existed urgent 
 and satisfactory reasons for stopping the schools. But this is all the evidence 
 tended to show. The contract between the parties was positive and for lawful ob- 
 jects. On one side school buildings and pupils were to be provided, and on the 
 other personal services as teacher. The plaintiff continued ready to perform, but 
 the district refused to open its doors and allow the attendance of pupils, and it 
 thereby prevented performance by the plaintiff. Admitting that the circumstances 
 justified the officers, and yet there is nc rule of justice which will entitle the dis- 
 trict to visit its own misfortune upon the plaintiff. He was not at fault. He had 
 no agency in bringing about the state of things which rendered it eminently pru- 
 dent to dismiss the schools. It was the misfortune of the district, and the district, 
 and not the plaintiff, ought to bear it. 43 Mich. 480. So also of diphtheria, 17 
 Oregon, 517. Varies, Supt. 
 
 22. NEGLECT TO SEND TO SCHOOL CAN NOT AFFECT RIGHT TO COMPENSA- 
 TION. The neglect of parents to send to school can not affect the right of the 
 teacher to compensation. 36 111. App. 653. 
 
 23. CONTRACT WITH DE FACTO BOARD VALID. A teacher under contract 
 with a de facto trustee can recover pay for services. 35 Hun. ( N. Y. ) 111. 
 
 24. CONTRACT WITH DE FACTO BOARD BINDING UNLESS FRAUD is PROVEN. 
 When trustees, with the acquiescence of the town, continue to act as such, after 
 the expiration of their term and before their successors are appointed, they are 
 officers de facto, and their contract with a teacher is binding. Such contract can 
 not be assailed by their successors subsequently appointed, when it is not alleged 
 and proven that the teacher was a party to the fraud to forestall them. 27 N. E. 
 Hep. 303. 
 
 24. CONTRACT BY DE FACTO TRUSTEE CAN NOT BE OVERTHROWN BY DE 
 JURE TRUSTEE. If a de facto trustee contracts with a teacher, the election of a de 
 jure trustee, who ignores such contract, will not defeat for compensation for dis- 
 charge by him. 15 N. Y. Supl. 818. 
 
 25. SUBSTITUTE TEACHER. When not waived, a teacher's contract can not 
 be fulfilled by procuring a substitute, however competent. 88 111. 563. 
 
SCHOOL LAW <>F IMiIANA. 
 
 163 
 
 bel. 
 
 I- 
 
 J:. \UTHOIUTY OF TWO MKMKKKS m I'.OAKP TO ACT- NOTICE OF MEETING. 
 o <>!' three members may contract at a meeting of which the third has had notice, 
 (1 notice m-ed n<t In- given for regular meeting. ~>'2 Ark. ")11. 
 
 27. MEMBER OF BOARD K.MIM.OVKP \- IKA-HKI: VACATES HI- <>FFI<E. A 
 Trustee employed as a teacher \>y two other member- vaeates his office as Trustee. 
 Ferguson r. True, 3 Hush, t K y. \ 'J-V). 
 
 INDIVIDUAL RESI-OXSIIJILITY. The members of a School Board may be 
 In- Id respon-il>le for the dismissal of a teacher, if they act maliciously and without 
 
 l'4 Ind. 548, 
 
 J'.. MAY REFUSE TO TEACH REFRACTORY PUPIL. A teacher refusing to teach 
 refractory pupil was held not liable for damages. 24 Pick. (Mass.) 224. 
 
 30. TEACHER MAY MAKE RULES. In the absence of rules made by the Board 
 or Township Trustee, the teacher may make all reasonable rules for the successful 
 conduct of the school. '^> Conn. 481. 
 
 -HI. INFANT MAY CONTRACT TO TEACH. An infant may contract with a School 
 Hoard to teach. 38 Wis. 100; 50 Vt. 30. 
 
 3 ILLEGAL CLAUSE IN CONTRACT. A contract by which the School Board 
 declare^ " We re-erve the right to close the school at any time if not satisfactory 
 to us." is unauthorized and inoperative. 50 Wis. 651. 
 
 33. CONTRACT CAN NOT BE AFFECTED BY BURNING OF SCHOOL-HOUSE. Where 
 a district school is broken up, because of the failure of the Trustee to furnish an- 
 other room upon the destruction of the school-house by fire, the teacher may re- 
 cover, under his contract although he has kept and can furnish no record. 23 111. 
 
 App. 3H7; o(l Vt. 30. 
 
 For a Trustee or School Board to insert a clause in a contract declaring that, 
 "In case the M-hool-house shall be destroyed by fire the school shall be closed, and 
 said teacher shall claim wages only for the actual time taught," is unauthorized 
 and inoperative. Section 4444 says: "The Trustees shall take charge of the edu- 
 cational a flairs of their respective townships, towns and cities. They shall estab- 
 lish and locate, conveniently, a sufficient number of schools for the education of 
 the white children therein, and build, or otherwise provide suitable houses, furni- 
 ture, apparatus, and other articles and educational appliances necessary for the 
 thorough and efficient management of said schools." This statute makes this duty 
 peremptory. It can not be put off by any pretended contract. It may be argued 
 that the Trustee has no funds with which to build, but section 4438a provides for 
 such emergency. And, too, a room could, in most cases, be rented. Varies, Supt. 
 
 34. - - COURT TRIAL NOT REQUIRED. The delicate nature of the 
 duty devolved upon the Trustees, to see that unfit or incompetent persons are not 
 put or kept in charge nf tin- children who attend the common schools, forbids the 
 idea of a trial with the formality and strictness that belongs t<> courts. 3 Hun- 
 ( N. Y.I 1S1. Hut this doe- not relieve the Trustee of responsibility, if he acts 
 with malice or in had faith. JViW, Sufif. 
 
 1M: 1 '\< TO AND 1E JURE OFFICERS A<TIN(J EFFECT OF CONTRACT. De 
 iliccrs, who contract with and render services for a <l> fnrfn School Hoard, 
 which is not dc jun, while the <\> jnr, officers are acting as such and performing 
 their duties, can not recover from the corporation for such services. 8 Atl. Rep. 
 443. But when ih fncto officers act in good faith the corporation is bound thereby. 
 10 Atl. Rep. ::4. 
 
164 
 
 SCHOOL LAW OF INDIANA. 
 
 30. EMPLOYMENT OF TEACHER. A finding that the plaintiff was employed 
 as a teacher by K., who was at the time Trustee of the township, sufficiently shows 
 that the employment was by the School Trustee, the Township Trustee being e.r 
 officif) School Trustee. 119 Ind. 320. But this would not be so of incorporated 
 towns, as they have a Board of Civil Trustees and a Board of School Trustees. 
 
 37. ABOLISHING DEPARTMENT DOES NOT AFFECT CONTRACT. A teacher is not 
 discharged by abolishing the department in which he is engaged, or removing him 
 to another and lower grade. 27 N. E. Rep. 303. 
 
 38. PUBLIC POLICY HOLIDAYS ILLEGAL DEDUCTIONS. In regard to de- 
 ductions for holidays, we are of opinion that school management should always 
 conform to those decent usages which recognize the propriety of omitting to hold 
 public exercises on recognized holidays ; and that it is not lawful to impose for- 
 feiture or deductions for such proper suspension of labor. Schools should con- 
 form to what may fairly be expected of all institutions in civilized communities. 
 All contracts for teaching during periods mentioned must be construed, of neces- 
 sity, as subject to such days of vacation, and public policy, as well as usage, re- 
 quires that there should be no penalty laid upon such observances. School Dis- 
 trict v. Gage, 39 Mich. 484. And when deductions for holidays was again 
 attempted, this opinion is affirmed in Holloway v. School District, 62 Mich. 153, 
 and in closing the Court said: "We can not but regret that any of our schools 
 should be managed in the spirit shown on this record." A trustee has no author- 
 ity to put a clause in a contract that "No wages shall be claimed for holidays un- 
 less actually taught." Such a contract is contrary to public policy and inoperative. 
 
 Moreover, to put such a clause in the contract is not only a violation of the 
 intendment of the law, but the result is greatly to disorganize and to break into 
 the regular gradation of the school. People in all other callings recognize the 
 legal holidays, and pupils can not reasonably be expected to be at school on such 
 days. Hence, if teachers are forced to teach on such days or lose wages, the re- 
 sult is that many pupils are absent, and the systematic gradation and organization 
 of the school interrupted and the best interests of the school defeated. 
 
 Such a clause is contrary to the spirit of our public schools and vicious in the 
 extreme. Varies, Supt. 
 
 39. TRUSTEES ACT IN AN OFFICIAL CAPACITY, NOT AS INDIVIDUALS. "The 
 School District Board, in making a contract with a teacher, acts officially and on 
 behalf of the district ; their powers as a district board are limited by statute, and 
 they can only exercise such as are expressly conferred by statute, or as are fairly im- 
 plied from the nature of the duties and services required by law from them. A clause 
 in a contract of hiring between a School District Board and the teacher of the dis- 
 trict school, by which the Board declares that " We reserve the right to close the 
 school at any time if not satisfactory to us, " is unauthorized by law and inopera- 
 tive. Tripp v. School District, 50 Wis. 651. 
 
 The same doctrine is held in Owen School Township v. Hay, 107 Ind. 351. 
 Varies, Supt. 
 
 40. GARNISHMENT OF WAGES. It is against public policy to allow the wages- 
 of persons in public employments to be reached by garnishment. School Dist. v. 
 Gage, 39 Mich. 484. 
 
 41. VACATION. Teachers are entitled to pay for holidays that fall on school 
 days in a vacation in a term. The fact that the School Board has requested a va- 
 cation neither makes nor unmakes holidays. Voi'ies, Supt. 
 
SCHOOL LAW OF INDIANA. 
 
 165 
 
 12. CARE OF SCHOOL-HOUSE Briu>i.\<, KIRKS JANITOR'S DUTY. It is the 
 duty of 'every School Director t. put his s<-hool-hou>e iii a editable condition for 
 
 the reception of pupils, and this i- us much his duty at the middle of the term, or 
 the la^-t day, as the first. A school-house is not tit to receive tin- pupils until the 
 janhor'> work has lieen done each day. It i- a- eential that he should put the 
 school-house in a clean and comfortable condition as it is that he should repair 
 the ro.if. It belli"; his duty, by con.-ent of the Trustee, and not heing any part of 
 the teaclur's duty, to prepare the >chool-honse in a suitable manner for the recep- 
 tion of tlie pupils, he has a right to employ the usual agency and pay a >ut!icient 
 sum to accomplish it. The trustee is, therefore, empowered to allow a reasonable 
 imount for such expense in providing a janitor for the school-house, and the 
 Hoard of County ( ommissioners can not do otherwise than allow all reasonable 
 bills of the same kind. linlilu ///, Ait'y-Gen. 
 
 43. CASH AI>VAN< KI> 10 TKACHERS. A Township Trustee who, in good faith, 
 employ- neee ary and proper teachers, and when it is unexpectedly found that 
 the public funds provided are insufficient to pay them in full, advances the deficit 
 out of his own money, has a demand against the school township which he may 
 recover. 1<>2 ind. 279. 
 44. See sections 4425, 4439, 4444, 4499, 4501a, 4503, 4504, 4505, 4506 and notes. 
 
 [1893, p. 34. Approved and in force February 17, 1893.] 
 
 450 la. After the passage of this act, it shall be unlawful for any 
 Township Trustee to contract with any teacher to teach in any common 
 school, if the actual term of service of such teacher under such contract 
 -does not begin before the expiration of the term of office of such Trus- 
 tee. Every contract made in violation of the provisions of this section, 
 shall, as to the township represented by such Trustee, and the school 
 fund thereunto belonging, be absolutely void ; but such Trustee shall be 
 personally liable to such teacher for all services rendered under such 
 contract, and for all damages which he may sustain by reason thereof. 
 
 [1866, 8., p. 143. Approved and in force December 20, 1866.1 
 
 4502. Special examination. If the persons attached to and form- 
 ing a school district have, at their school meeting, designated other or a 
 less number of branches of learning than those in section thirty-four of 
 this act [$4425] mentioned, which they desire to have taught in their 
 .school, the Trustee, in employing a teacher for said school, shall require 
 said teacher to be examined as to his qualifications to teach the branches 
 of learning required by said school meeting. (35) 
 
 1. See section 4497 and notes, and section 4425, note 7. 
 
166 
 
 SCHOOL LAW OF INDIANA. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4503. Director's duties. The Director of each school shall pre- 
 side at all meetings of the inhabitants connected therewith, and record 
 their proceedings. He shall also act as the organ of communication be- 
 tween the inhabitants and the Township Trustee. (29) 
 
 1. BEMARK. The creation of the office of District Director was designed to 
 devolve a certain class of the Township Trustee's duties, which might very properly 
 and with more promptness be discharged by a local agent in each district, upon a 
 person chosen by the people of the locality immediately interested. Much will 
 depend on the energy, intelligence and promptness of the Director. Mills, Supt. 
 
 4504. He has charge of the school-house. He shall take charge- 
 of the school-house and property belonging thereto, under the general 
 order and concurrence of the Trustee, and preserve the same ; and shall 
 make all temporary repairs of the school-house, furniture and fixtures, 
 and provide the necessary fuel for the school, reporting the cost thereof 
 to the Trustee for payment. (30) 
 
 1. POSSESSION OF HOUSE. We think the Trustee has charge and possession, 
 of the school-house, for although the Director has the charge for certain purposes, 
 he acts under the order and concurrence of the Trustees. Kurd v. Walters, 47 
 Ind. 148. 
 
 2. TEMPORARY REPAIRS FUEL. The Director is the local agent of the 
 Trustee, and is subject to his orders. He, however, is to exercise entire control so- 
 far as temporary repairs are concerned, and is to provide necessary fuel. Let us- 
 explain what is meant by necessary fuel. It refers not simply to quantity, but also- 
 to the quality of f uel"and its preparation for use. A tree hauled up to the door is- 
 not necessary fuel, nor is a load of good four-foot wood. Necessary fuel means that 
 which is dry, conveniently piled and properly prepared for use. The expense of 
 preparing the fuel is to be reported by the Director to the Trustee, who is- to pay 
 the former for it. A teacher is not a wood-hauler, wood-chopper, or wood-sawyer,, 
 unless he specially contracts to be such. Fletcher, Supt. 
 
 3. JANITOR SERVICE. It is as much the duty of the Trustee to see "that the- 
 fuel is placed in the stove and the school-room made comfortable and neat r as it is 
 to furnish the fuel and brooms for these purposes, or to see that the children are- 
 well taught and disciplined when once in the room. How and through whom he 
 shall accomplish these things is just where the law is wisely silent. I can conceive- 
 of various ways in which he may accomplish them. He may authorize the Director, 
 who is generally chosen because of his proximity to the school-house, to perfornr 
 the work, and then pay him out of the special school tax; or he may authorize 
 him to employ some suitable person, and compensate the employe in the same 
 manner ; or he may employ the teacher himself, and pay him from the same- 
 source. Hopkins, Supt. 
 
 Unless there is an agreement between the Trustee and teacher that the latter 
 is to perform janitor's service, I think he can not be compelled to do so. Smart? 
 Supt, 
 
 It is the duty of every School Director to put his school-house in a suitable- 
 condition for the reception of pupils, and this is as much his duty at the middle- 
 
SCHOOL LAW OF INDIANA. 
 
 term, or the last day, as the first day. A school-house is not fit to receive 
 the pupil* until the janitor work has been done each day. It is as essential that 
 he -hould^put the school house in a clean and comfortable condition as it is that 
 In- -hould repair the roof. It being his duty, by consent of the Trustee, and not 
 -being any part of the teacher's duty, to prepare the school-house in a suitable 
 manner lor the reception of the pupils, he has a right to employ the usual agency 
 and pay a sufficient sum to accomplish it. The Trustee is therefore empowered to 
 allow a reasonable amount for such expense in providing a janitor for the school 
 house, and the Boar i of County < ommissioners can not do otherwise than allow 
 
 Vail reasonable bills of the same kind. Baldwin, Atti/.-Gen. 
 The janitor may be paid out of the special school fund. LaFolleUe, Supl. 
 
 4505. Visits school May exclude pupils. He shall visit and 
 inspect the school, from time to time, and, when necessary, may exclude 
 any refractory pupil therefrom ; but the exclusion of any pupil from the 
 school for disorderly conduct shall not extend beyond the current term, 
 and may be, in the discretion of the Director, for a shorter period. (31) 
 
 1. REFRACTORY PUPIL. Directors have the power to exclude refractory pupils 
 from school for the current term, and School Trustees of cities and towns have 
 undoubtedly the same right. A refractory pupil is one who persistently refuses to 
 obey the resonable rules and regulations of the school, whether made by the 
 teacher or the County Board. The teacher may temporarily exclude from school 
 a disorderly and noisy pupil. In such case the matter should be reported to the 
 Director u.< soon as possible. Smart, Supt. 
 
 '2. KM i.rsiox FOR TRUANCY. The law provides that refractory pupils may 
 be excluded from school. Truancy is a very great evil, tending in various ways 
 -to disturb the order and interrupt the progress of the whole school. A very high 
 authority has declared it the greatest hindrance to the improvement of our schools, 
 and the laws of some States have made it in some sense penal. Considering the 
 magnitude of the evil, it seem- scarcely to admit of question that pupils hibituallv 
 incorrigibly truant may be excluded from school for the current term as refrac- 
 torv. //oMx, -^iijif. 
 
 TK \ HKU'S POWER AS TO DISCIPLINE. The law is well settled, as it seems 
 to u-. that the teacher has the right to exact from his pupils obedience to his lawful 
 and reasonable commands, and to punish disobedience. In a recent Wisconsin 
 M ii \va- well said: <; In the schools, a- in the family, there exists on the part 
 of the pupils the obligations of obedience to lawful commands, subordination, 
 civil deportment, respect for the rights of other pupils, and fidelity to duty. These 
 obligations are inherent in any proper school system, and constitute, so to speak, 
 the common law of the school. Kvery pupil is presumed to know this law, and is 
 subject to it, whether it has or has not been reenacted by the District Board in the 
 form of written rules and regulations." DanenhotTer r. State, 60 Ind. 295. 
 
 4. TEAni Kit's AUTHORITY OUT OF SCHOOL. On this difficult subject we are 
 without jruidance from our own Supreme Court, but find sound principles enunci- 
 ated in the familiar case of Lander ;. Seaver, .S'J Vt. 114, as follows: "When the 
 -child lias returned home or to his parents' control, then the parents' authority is 
 resumed and the control of the teacher ceases, and then for all ordinary acts of 
 
168 
 
 SCHOOL LAW OF IN] 
 
 misbehavior the parent alone has the power to punish." But " though a school- 
 master has, in general, no right to punish a pupil for misconduct committed after 
 the dismissal of school, and the return of the pupil to his home, yet he may, on the 
 pupil's return to school, punish him for any misbehavior, though committed 
 out of school, which has a direct nnd immediate tendency to injure the 
 school and to subvert the master's authority," as when the pupil, "in the presence 
 of other pupils of the same school used toward the master, in his hearing, con- 
 temptuous language, with a design to insult him, and which had a direct and im- 
 mediate tendency to bring the authority of the master over his pupils into contempt, 
 and lessen his hold upon them and his control over the school." Teachers, there- 
 fore, should be very careful how they punish pupils for what they may do or say 
 away from the school premises, and should never undertake to punish for sucht 
 behavior unless it seems necessary for the preservation of discipline in the school. 
 The teacher can not justly be held responsible for the conduct of pupils when out 
 of his sight or beyond his control, and he should give parents and guardians to 
 understand that he will not attempt to exercise a control which it is their duty to- 
 exercise themselves. Holcombe, Supt. See also 23 Texas App. 386. 
 
 5. TEACHER MAY MAKE RULES. In the absence of rules established by the 
 Board or other proper authority, the teacher has a right to make all necessary and 
 proper rules for the regulation of the school. In inflicting corporal punishment 
 the teacher must be governed, as to mode and severity of it, by the nature of the 
 offense, and by the age, size and physical condition of the pupil. 
 
 When a boy has been habitually refractory and disobedient, the teacher, in 
 punishing him for a particular offense, may take into consideration his habitual 
 disobedience. And it is not necessary that he should inform the pupil at the time 
 that he is punishing him for his past as well as present misconduct. 53 Conn. 481. 
 
 6. TEACHER AND PUPIL RULES FOR GOVERNMENT OF SCHOOL UNREASON- 
 ABLE RULE. A rule established by the teacher of a public school, requiring 
 pupils to pay for the wanton and careless destruction of school property, is un- 
 reasonable, and a teacher has no right to enforce such a rule by chastisement. 
 
 Carelessness on the part of children is one of the most common and yet one 
 of the least blameworthy of their faults. In simple carelessness there is no purpose 
 to do wrong. To punish a child for carelessness in any case, is to punish it where 
 it has no purpose or intent to do wrong or violate rules. But beyond this no rule 
 is reasonable which requires of the pupils what they can not do. The vast majority 
 of pupils, whether small or large, have no money at their command with which to 
 pay for school property which they injure or destroy by carelessness or otherwise. 
 If required to pay for such property they would have to look to their parents or 
 guardians for the money. If the parent or guardian should not'have the money, 
 or if they should refuse to give it to the child, the child would be left subject to- 
 punishment for not having done what it had no power to do. State v. Vanderbilt, 
 116 Ind. 11 ; S. C. 18, N. E. Rep. 266. 
 
 7. WILLFUL OR MALICIOUS ACT NECESSARY TO WARRANT SUSPENSION. A 
 pupil can not be expelled or suspended from the public schools for a careless act, 
 no matter how negligent, if it is not willful or malicious. 77 Mich. 605. 
 
 8. RIGHT TO PUNISH LIABILITY OF TEACHER. By law, as well as by imme- 
 morial usuage, & schoolmaster is regarded as standing in loco parentis, and has the 
 right to administer, in case of misconduct, reasonable and proper punishment to- 
 
SCII MIL LAW UK INDIANA. 
 
 169 
 
 a pupil, having regard to the diameter of the ollenx. . ti and phy>- 
 
 ieal strength of the offender; and while lie necessarily has a discretion, determined 
 by ti. the particular ease, both as to the character and the derive of the 
 
 punishment, he is liable crhn imilitT for any abuse <>i his authority, i)' prompted by 
 malice, or other improper motive, if unreasonably severe, if inflicted with an im- 
 proper instrument, or if resulting in permanent injury to the pupil. SS Ala. Ib'H. 
 
 '.. St si'KN.-mx l'NKi.\-"NAr.i.!: i:fi.K. A regulation that cadi scholar, 
 when returning to school after recess, shall bring into t'ne school-room a stick of 
 
 : lor the tire, i- not needful" for th irovernmcnt. good (rder and efliciency 
 of tli' .-Mid a scholar can not be suspended for a refusal to comply with 
 
 such regulation. B U'is. -J.'M. 
 
 I". PAKK.NT MI- M.Y REPORT Prrn. mm KI.TI UN IT. A 
 
 rule which mkes it the duty of the teacher to keep a record of the standing of 
 each pupil in the studies pursued by him, of his attendance and deportment, to 
 d each month by the pupil a written report of the same to his parent or guar- 
 and which requires such parent or guardian to siirn ;m d return the same to 
 the teacher, is ic one. and a pupil may be suspended until such time as 
 
 he may comply with such nil of School Tn 
 
 W. Rep. 71<>. " 
 
 11. iiOOL TEA< III.K'- AUTHORITY. While the 
 
 principal a publie school is subordinate to the School 
 
 ; or P.oanl of Kdiication of his district or city, and inn- regulations 
 
 adopted by it for the government of the school, and execute its lawful order> in 
 that behalf, yet. in matters concerning which the Hoard has remained silent, he 
 Mthority. ;.- ., enforce obedience to his lawful commands, 
 
 subordination, civil deportment, re<pect for the rights of other pupils, and all ob- 
 ligations inherent in every 8cl -tituting the common law of the 
 ry pupil i- presumed to know. P>urpee r. P.tirton. -l~> AVis. ].",(. 
 
 1-. her may punish a pupil with kin. i' 
 
 prudence and p'roprie! QCeof hi- proper eniuiiiauds ; and when the 
 
 punishmmt i- rm-oiiable. he can not be pro-edited for a>.ault and batterv. 
 -ic.Iunkin. 4 Iinl. 290j hanenhotler 
 
 The ti-a<'her may exact compliance with all reasonable comman<ls, and en! 
 obedience by inllicting c..rp-ral punir-brnent, in a kin<} and rea.xtnable manner, 
 pupil for disi.bedi- h puni-hment must be within the bounds of 
 
 moderation, and apportioned to the gravity of theotlen-e; but when complaint is 
 made, the judgment of the facln-r as t,. what the situation required should have 
 weight, a-> in the ea-c of a jtarent under similar circumstances, and the reason- 
 ahlene of the punishment mi. rmined upon the fact- of the particular 
 
 .mptiiin i- that the teacher did nothing more than his duty. The 
 legitimate object of cha-tisement is to inllict punishment bv the pain which it 
 can--, a- well a- by the d-L r radation it implies; and it does not f,.llmv that cha- 
 tisenient was cnie! 01 pain wa- prndueed. or abrasions of tin- 
 
 skin resulted from a switch used by the teacher. When a proper weapon has been 
 used, the character of the chastisement with reference to any alleged cnieltv or 
 mu>t he determined by the nature of the offense, the age, physical and 
 mental condition, as well a- the personal attributes, of the pupil, and the deport- 
 ment of the teacher. Vanvactor r. State, 113 Ind. 276; Danenhoffer r. State, 79 
 Ind. 1 
 
170 
 
 SCHOOL LAW OF INDIANA. 
 
 13. TEACHER NOT LIABLE FOR ERROR OF JUDGMENT IF HE ACTS IN 
 FAITH. A teacher is not liable for error of judgment as to when and to what ex- 
 tent punishment is necessary, if he acts in good faith and without malice, 9 Atl. 
 Kep. 722. 
 
 14. AFTER GRADUATION. When a pupil has graduated from one depart- 
 ment, his re-admission into that department can not be compelled. 4 N. Y.- 
 Supl. 102. 
 
 15. PUPILS MAY BE SUSPENDED FOR TARDINESS. Pupils may be suspended 
 for tardiness. 31 Iowa, 562 ; 116 Mass. 366 ; 71 Mo. 628. 
 
 16. Kules must be reasonable under the circumstances. Ill Ind. 472. 
 
 17. LIABILITY OF SCHOOL OFFICERS. The School Board is not liable for ex- 
 pulsion unless the action is wanton or malicious. 95 111. 263. 
 
 18. IMMORAL OR LICENTIOUS PUPILS. Regulations forbidding the attend- 
 ance of immoral or licentious persons can be enforced, even though the conduct 
 may be proper while at school. 8 Cush. 160. 
 
 19. SUSPENSION FOR REFUSING TO DECLAIM. A pupil may be suspended for 
 refusing to declaim. 59 N. H. 473. 
 
 20. BARRING DOORS. Barring the doors against little children in winter is 
 unlawful 63 111. 350 unless pupils are provided with comfort. Ill Ind. 472. 
 
 21. PUPILS MUST SUBMIT TO REASONABLE RULES. A student must submit 
 to any proper rule necessary for the good government of the school. 82 Ind. 286, 
 
 22. FAILURE TO USE TEXT-BOOKS. Pupils may be suspended for failure to 
 use text-books. 12 Allen (Mass.) 127; 95 111. 266; 38 Me. 379; 59 N. H. 473; 32 
 Vt. 226 ; 29 Ohio St. 89 ; 108 Ind. 31. 
 
 23. HABITUAL ABSENCE. A pupil may be suspended for habitual absence, 
 48 Vt. 444; 71 Mo. 628; 13 Brad. (111.) 520. 
 
 24. MISCONDUCT. A pupil may be suspended for misconduct. 27 Me. 266 ; 
 111 Mass. 499; 105 Mass. 476; 27 Vt. 755. 
 
 25. CORPORAL PUNISHMENT DISCOURAGED. Corporal punishment may some- 
 times be necessary, but it seems to- me that the language of Judge Stuart, in 
 Cooper v. McJunkin, 4 Ind. 290, in 1853, is still very appropriate. The Court 
 says: "The law still tolerates corporal punishment. The authorities are all that 
 way, and the Legislature has not thought proper to interfere. The public seem to- 
 cling to a despotism in the government of schools which has been discarded every- 
 where else. Whether such training be' congenial to our institutions, and favor- 
 able to the full development of the future man, is worthy of serious consideration, 
 though not for us to discuss. 
 
 " In one respect the tendency of the rod is so evidently evil that it might, 
 perhaps, be arrested on the ground of public policy. The practice has an inher- 
 ent proneness to abuse. The very act of whipping engenders passion, and very 
 generally leads to excess. W T here one or two stripes only were at first intended, 
 several usually follow, each increasing in vigor as the act of striking inflames the 
 passions. This is a matter of daily observation and experience. Hence, the 
 spirit of the law is, and the leaning of the courts should be, to discountenance a 
 practice which tends to excite human passion to heated and excessive action, end- 
 ing in abuse and breaches of the peace. Such a system of petty tyranny can not 
 be watched too cautiously nor guarded too strictly. The tender age of the snffer- 
 ers forbids that its slightest abuse should be tolerated, So long as the power to 
 
SCHOOL LAW OF INDIANA. 
 
 171 
 
 punish corporally in school exists, it needs to be put under wholesome restric- 
 tion. Teachers should, therefore, understand that whenever correction is admin- 
 i>tered in anger or insolence, or in any other manner than in moderation and 
 kindness, accompanied with that affectionate moral suasion so eminently due from 
 one placed by the law in loco parentis the sacred relation of parent the courts must 
 consider them guilty of assault and battery, the more aggravated and wanton in 
 proportion to the tender years and dependent position of the pupil. 
 
 "Were it within the province of these discussions, how many other objec- 
 tions t< the rod, based upon its injurious moral influence on both teacher and 
 pupil, might be safely assumed? 
 
 *"One thing seems obvious. The very act of resorting to the rod demonstrates 
 the incapacity of the teacher for one of the most important parts of his vocation, 
 namely, school government. For such a teacher the nurseries of the republic are 
 not the proper element. They are above him. His true position will readily sug- 
 gest itself. 
 
 "It can hardly be doubted but that public opinion will, in time, strike the 
 ferrule from the hands of the teacher, leaving him as the true basis of government 
 only the resources of his intellect and heart. Such is the only policy worthy of 
 the State, and of her otherwise enlightened and liberal institutions. It is the 
 policy of progress. The husband can no longer moderately chastise his wife; nor, 
 according to the more recent authorities, the master his servant or apprentice. 
 Even the degrading cruelties of the naval service have been arrested. Why the 
 person of the school-boy, 'with his shining morning face,' should be less sacred in 
 the eye of the law than that of the apprentice or sailor, is not easily explained. 
 It is regretted that such are the authorities still courts are bound by them. All 
 that can be done, without the aid of legislation, is to hold every case strictly within 
 the rule; and if the correction be in anger, or in any other respect immoderately 
 or improperly administered, to hold the unworthy perpetrator guilty of assault 
 and battery." 
 
 The above is commended to the careful consideration of teachers given to 
 inflict corporal punishment. Vories, Stij>(. 
 
 TKACHKR MAY SISTKND A PUPIL EVEN THOUGH AN OFFICER OPPOSES THE 
 TEACHEK. It is the duty of a teacher to maintain proper and neceasary discipline 
 in school; and if the prudential committee (School Board or School Trustee) insist 
 upon the return of such scholar to the school, when his presence would be fatal to 
 the maintenance of such di.-eipline, the teacher may lawfully quit the school and 
 recover waires for the term. 46 Vt. 4-VJ. Thi- i- M>und law. The teacher stands 
 ready to perform his part of the contract, but the Board, by its insistence upon 
 the return of the disturber, prevents the teacher from carrying out his contract, 
 hence tl. "VeraMe. J'o/'/Vx, Xiipt. 
 
 27. IMM"K\MTY. A pupil may he expelled for immorality. S dish. 
 
 KMB, IBS. 
 
 ArrKNi'iN'. I>\I:TY. Su-pending pupil ^or attending social pan 
 night, and after school hoursi, wa- not -ustaiued by the court. '; Mo. L 
 
 L!'.I. WKITINI, NKW-PAI-KK AIMHI.K. Suspending pupil for writing Ml 
 per article reflecting on the Director was not -u-tained by the court. :'.'> Iowa. 4'J!'. 
 
 30. COVKTS WILL NOT INTKKKKKK. rule-- abuse of official power be clearly 
 shown, the court- will not interfere. :;7 Pa. St. 385. 
 
 31. DAMAGES. Public officers to whom matters may be submitted for their 
 
172 
 
 SCHOOL LAW OF INDIANA. 
 
 determination, the consideration of which requires an exercise of their delib- 
 erative judgments, are not answerable in damages for mere errors of judgment, 
 unaccompanied with malice or bad faith. 95 111. 263; 111 Ind. 472. 
 
 32. OVER SCHOOL AGE. A pupil over school age is subject to punishment as 
 any other pupil. 45 Iowa, 248 ; 27 Me. 266. 
 
 33. OBJECTS AND PURPOSES. The legal objects and purposes of punishment 
 in school are like the objects and purposes of the State in punishing a citizen. 
 They are threefold: First, the reformation and the highest good of the pupil; 
 second, the enforcement of correct discipline in schools; and third, as an example 
 to like evil doers. 50 Iowa, 145. 
 
 34. PROFANE LANGUAGE FIGHTING. In the absence of the establishment 
 of any rule by the School Board a teacher has the right to adopt a rule to prevent 
 his pupils from using profane language, fighting or quarreling on the way to and 
 from school, and may punish those infringing the rule by the use of the rod. 85 
 Mo. 485. 
 
 35. MANDAMUS. Mandamus lies to compel the restoration of a pupil ille- 
 gally suspended or expelled. 77 Mich. 605 ; 82 Ind. 279. 
 
 36. NOT CONTEMPT OF COURT. A boy was suspended for violation of a rule 
 and readmitted by order of the court. He was suspended a second time for vio- 
 lation of the same rule, and it was held that the second suspension was not a con- 
 tempt of court. 127 Ind. 272; S. C. 26, N. E. Kep. 798. 
 
 37. RHETORICAL EXERCISE. A pupil may be suspended for refusing to pre- 
 pare rhetorical exercise, or refusing to give reasonable excuse for such failure. 29 
 Ohio St. 89. 
 
 WRITING COMPOSITION. A pupil may be suspended for refusing to write a 
 composition required by the teacher. 32 Vt. 224. 
 
 38. DECLAMATION. A pupil may be suspended for refusing to declaim. 
 The fact that the parents did not wish the child instructed in declamation is not a 
 reasonable excuse. They could not require the teacher to receive their child under 
 his instruction without conforming to his reasonable rules. 59 N. H. 473. 
 
 39. PARENT'S OBJECTION. A teacher is not authorized to punish a pupil for 
 refusing to do something the parent has requested that the pupil be excused from 
 doing. The teacher may be justified in refusing to permit the attendance of a 
 pupil whose parent will not consent that he shall obey the rules of school. 50 
 Iowa, 145. 
 
 40. See sections 4436, 4439, 4444 and notes. 
 
 4506. Appeal to Trustee. The decision of a Director in exclud- 
 ing a pupil shall be .subject to appeal to the Township Trustee, whose 
 decision shall be final. (32) 
 
 1. NOTE. The parent or guardian, or the pupil himself, may appeal. No 
 formal documents are necessary, and the Trustee has the right to make an investi- 
 gation upon a verbal statement. But he should make a record of the facts in the 
 rase and of his decision thereon. Smart, Supt. 
 
 4507. Insulting teacher. If any parent, guardian, or other per- 
 son, from any cause, fancied or real, visit a school with the avowed in- 
 tention of upbraiding or insulting the teacher in the presence of the 
 school, and shall so upbraid or insult the teacher, such person, for such 
 
SCHOOL LAW OF INDIANA. 
 
 173 
 
 I 
 
 conduct, shall be liable to a fine of not more than twenty-five dollars, 
 which, when collected, shall go into the general tuition revenue. (162) 
 
 1. PART UNCONSTITUTIONAL. The provision that the proceeds of the fine 
 shall go into the general tuition revenue is void, since the Constitution (viii, 2) 
 makes fines assessed for breaches of penal laws of the State a part of the common 
 
 hool fund. 
 
 2. ASSAULT ON TEACHER. A Township Trustee and the School Director, 
 pon the refusal of a duly employed teacher to allow a vacation of the school for 
 
 a time, which they and certain patrons of the school had demanded, entered the 
 tschool-house, of which the teacher was in rightful, peaceable possession, seized 
 him and pulled, dragged and threw him out of the building, and inflicting serious 
 injuries upon him ; they were held guilty of a wrongful assault and battery, and 
 liable for the damage he sustained. White v. Kellogg, 119 Ind. 320. 
 
 3. PRIVATE SCHOOL. A party can be punished for disturbing a private 
 school in a public school-house. 35 Me. 195; 26 Conn. 607. 
 
 4508. Title of school property. The title to all lands acquired 
 for school purposes shall be conveyed to the township, incorporated 
 town, or city for which it is acquired, in the corporate name of such 
 township, town or city, which is used for school purposes, for the use of 
 common schools therein. In all cases in which the title to any such land 
 ted in any other person or corporation than as above provided, it 
 shall bi- tin- duty of the Trustee, for school purposes of the township, 
 town, or city, to procure the title to be vested as in this section pro- 
 vided. (157) 
 
 1. TRUST TITLE CHANGE OF TRUSTEE. The corporation (township, town, 
 or city i holds the title in trust for school purposes, and upon the incorporation of 
 :i town, it 1> -i-o mi's the Trustee, and entitled t<> such real estate as lies within its 
 houndarie- Carson v. State, 1^7 Ind. 4n'."> ; Leesl.mx r. Plain Township, 86 id. 582 
 --and can compel the Trustee of the township to convey the seh<u>l-house and lot 
 to it. School Township of Allen r. School Town of Mary, ]<>!> Ind. 559. 
 
 J. Fi'iiM.vnnN OF Tows KFVKNTE. If a town is formed out of a portion 
 of a township, the School Trustees of the town are entitled to demand and receive 
 of the Township Trn-tcc the proportion of school moneys hi'lon;ing to the town, 
 and it is the duty of the Township Trustee to ascertain the amount and pay it 
 over to the Town School Hoard. Johnson /. Smith, M Ind. '27^. 
 
 8 when a new township i- created l>y a division of the territory of an exi-t- 
 intf township, the former is entitled to an equitable division of the school fund be- 
 lonirinir. or to he apportioned, to the town-hip as originally constituted ; and if 
 there lie no debt to In- provided fur. the new township should receive its propor- 
 tionate >hare of the special school revenue and tuition fund, which should be ap- 
 portioned upon the basis of the enumeration of school children residing in the 
 territory constituting such new township. Towle r. lirown, 110 Ind. 65, 59'.'. 
 
 BcBOOL I'.M.VKM ToWN-mr TIM-TKK. Under the law. it is clearly the 
 duty of the Trustees of an incorporated town to appoint School Trustees for the 
 corporation, and I think they can be compelled to do so by a writ of mandate from 
 the Circuit Court. In case the Township Trustee continues to control and manage 
 
174 
 
 SCHOOL LAW OF INDIANA. 
 
 the schools of an incorporated town (no town School Trustees having been ap- 
 pointed), I think that, under the general principle that an officer shall continue to 
 perform his duties till his successor is appointed and qualified, he would be liable 
 on contracts made by him in exercising such control and management. Holcombe, 
 JSupt. 
 
 4. CORPORATE LIMITS CONDITIONAL DEED. A school corporation can not 
 establish a school outside of its territorial limits. State v. Shields, 56 Ind. 521. 
 
 You say that a lot was deeded to a township "for school purposes," and ask 
 if the house built thereon will revert to the original owner if the Trustee decides 
 to change the location of the school-house. If the above quotation is all that is 
 expressed in the deed upon that subject, then I think the property will not revert 
 to the original owner. -If the deed should say, "so long as used for school pur- 
 poses," then I suppose it might revert to the original owner. Woollen, Atty.-Oen. 
 
 5. HIGHWAYS. Real estate and buildings held by a school township for 
 school purposes are subject to appropriation for highways, as other private prop- 
 erty. 88 Ind. 453. 
 
 4509. Use Of school-house. When a school-house is unoccupied 
 t>y a common school of the State, and the people who form the school at 
 such house desire that a private school be taught therein, and a majority 
 of them make application to the Trustee having charge of such house 
 .or the use of it for such private school, it shall be the duty of the 
 Trustee to permit said school-house to be used for such private school by 
 such teacher as may be mentioned in the application, but not for a 
 longer time than until said house may be wanted for a public school ; 
 and such permission and use shall be upon the condition that the teacher 
 employed in said school shall report, in writing, to the Trustee 
 
 First The number of teachers employed, distinguishing between 
 male and female. 
 
 Second. The number of pupils admitted into the school within the 
 term, and the average daily attendance. 
 
 Third. The cost of tuition, per pupil per month, in said school. (158) 
 
 1. TEACHER'S REPORT CARE OF HOUSE. It is not the intentidn of this sec- 
 tion to deny the Trustee the right to permit the use of a school-house for a private 
 school, in the absence of a petition, unless there shall be a protest of a majority 
 of the district against such use. In order to secure proper qualification on the 
 part of the teacher, it is recommended that, other things equal, the house be let 
 to a teacher holding a valid license. To secure the preservation of the house, it 
 is recommended that some reliable party should be held responsible to the Trustee 
 for the proper care of such property, and for repair of all damages. This party 
 may be the teacher or some other, as may be agreed upon. It is hoped that 
 Trustees will insist upon reports from teachers, as provided for in this section. 
 HOBS, Supt. 
 
 2. TRUSTEE'S DISCRETION. The people who form the school at such house 
 must be construed to mean the persons entitled to vote at the school meetings. 
 The Trustee has no discretion as to permitting the use of a school-house for a pri- 
 
M Il'H'L LAW oK INI'IANA. 
 
 175 
 
 school when applied for as provided in this section. He must permit the use. 
 The teacher occupying a school-house, under such petition, thereby obligates him- 
 to comply with the conditions contained in the law as to reporting. Hobbs, 
 
 iaKf ii 
 
 j 1 
 
 3. APPEAL TO COUNTY STPKRINTHNDENT. As the law provides for holding 
 private schools in public school buildings, and prescribes the >teps to be taken in 
 obtaining permission to hold them, I think section 4537 as to appeals must be held 
 to apply to the establishment of such private schools, as well as the regular public 
 schools. If, therefore, the directions of this section have been complied with, and 
 the Trustee refuses the use of the house for a private school, an appeal may be 
 taken to the County Superintendent. If the Trustee refuses to obey the decision 
 
 Superintendent, he may be compelled to do so by a writ of mandate. Hol- 
 Supt. 
 
 4. LEASE FOR PRIVATE SCHOOL. The Trustee, of his own motion, can not 
 lease the school-house for the purpose of a private school. 35 Ohio St. 143. 
 
 5. PUBLIC FUNDS FOR PRIVATE SCHOOL. The public funds can not be used 
 for a private school. 121 111. 297 ; 16 Nev. 373. 
 
 6. SECTARIAN SCHOOL IN A PUBLIC SCHOOL BUILDING. It is questionable if 
 rian school could be legally conducted in a public school building. The 
 
 State Const, (section 49) says: " No man shall be compelled to attend, erect, or 
 support any place of worship." As these buildings are erected with public money, 
 the above section of the Constitution seems to stand in the way of such use. 
 Varies, Xtipt. 
 
 [1859, p. 181. Approved Marc-h 3, 1859, and in force August 6, 1859.] 
 
 4510. Use of school-house. If a majority of the legal voters of 
 
 any -chool district desire the use of the school-house of such district for 
 other purposes than common schools, when unoccupied for common 
 school purposes, the Trustee shall, upon such application, authorize the 
 Director of such school district t<> permit the people of such district to* 
 use the house tor any such purpose, giving equal rights and privileges to 
 all religious denominations and political parties, without any regard 
 whatever to the numerical strength of any religious denomination or 
 political party of such district. (6) 
 
 1. NOTE. The Trustee, upon application of a majority of the legal voters of 
 a school district, may authorize the Director to permit the use of the house for 
 other than school purposes, and a complaint to enjoin such use must aver that a 
 majority of the legal voters of the district have not expressed a desire therefor. 
 Hnrd 9. Walters, 48 1ml. 14S. 
 
 2. TRI- \ Ki; AM- nrTY. The Trustee i> made responsible for the 
 rare, management and preservation of the school-houses in hi- school corporation. 
 This trust he can not alienate. It is true that it is hi.s duty to permit the school- 
 house to he used for other than school purposes when the terms ,,f the law have 
 been complied with, but it is equally true that it is contemplated by the law that 
 the Trustee shall retain such control of the school-house as will enable him to 
 enforce the provisions of the law. Inasmuch a> the Trustee must give equal 
 
176 
 
 SCHOOL LAW OF INDIANA. 
 
 rights and privileges to all religious denominations and political parties, it is clear 
 that he can not make a contract with any party by reason of which one denomina- 
 tion or one political party shall obtain possession of the house to the exclusion of 
 any other, except for the time being, or by which the control of the house shall 
 pass from his hands. 
 
 It is not necessary that the voters of a district petition the Trustee on each 
 separate occasion that the house is desired for other than school purposes, but if a 
 general petition be filed with the trustee, in proper form, requesting, for example, 
 that the house be used for religious purposes, he may then permit the house to be 
 so used as occasions may require. In the absence of an expressed desire on thfi 
 part of the voters of a district, it is held that the Trustee may, through the spirit 
 of accommodation, rather than by a strict construction of the law, permit school- 
 houses to be used for religious and other public meetings when he is satisfied that 
 a majority of the district does not object. 
 
 In all cases when school-houses are used for such purposes, it is the duty of 
 the Trustee to prescribe and enforce such rules and regulations as will protect the 
 property from injury. It is evident that the provisions of this section apply only 
 to districts in townships, and not to cities and incorporated towns. &?>w/-/. Xiipt. 
 
 3." SCHOOL-HOUSE -WHEN UNOCCUPIED. A think that a school-house may 
 be construed as unoccupied whenever it is not being used for school purposes. 
 A school-house is occupied, in a legal sense, during school hours, and, technically, 
 unoccupied at any time after school hours. I think that school-houses may be 
 used for any lawful purpose by the citizens of the district where it is located in 
 the evenings and at any time when school is not actually in session. 
 
 Section 4510, K. S. 1881, provides that upon the application of a majority of 
 the voters of any school district, the Trustee shall direct the Director to open any 
 school house for any of the purposes named in said section. ( Ilurd r. Walters, 
 48 Ind. 148). I think it is not unlawful, upon proper request of a majority of 
 the voters of a district, to allow such secret organizations as the Farmers' Alliance 
 or farmers' clubs, by whatever name, to use the school-houses for the purposes of 
 their meetings'. I regard such an organization, although secret in its meetings, as 
 'lawful, and, being of a political-educational character, I am fully convinced that 
 they are entitled to use the school-houses for the purposes of their meetings, as 
 provided for in section 4510. These societies throughout the school districts of 
 the State are composed of the voters and patrons of such school districts. They 
 are the people who have built the school houses, and who are taxed to maintain 
 them, and it seems to me that there is no reason, either in hn\; or morals, to ex- 
 clude them from the use of such school-houses. To exclude farmers' societies 
 from the 'use of school-houses during the school period, at times when school is 
 not in actual session, would be like excluding people from peaceable use and en- 
 joyment of their own property. If the farming community are excluded from 
 the use of the country school-houses, in a great majority of cases they would have 
 no place to meet. While I think they have this right, the Directors should see 
 that those who use the school houses for such purposes should keep them in appro- 
 priate condition to be used for school purposes. And so long as they do this there 
 an be but little objection, it seems to me, on the part of any one, to the use of 
 school-houses for such purposes. A. G. Smith, Atty-Gen. 
 
 4. CONFLICTING DECISIONS AS TO USE OF PUBLIC PROPERTY. The use of a 
 public school-house for any private purpose, such as the holding of religious or 
 
LAW u]' j \ I > , 
 
 177 
 
 itical meetings, social gathering-, and the like, is unauthorized l>y law, and 
 lined, at the in-tancc of any party injured thereby; and this, though 
 majority of th- ;md ta.\-paye:> of the district a cut to -ueh use and an 
 
 adequate rent is paid therefor. !"> Kan. 
 
 Tin- temporary use of the- -eh,.<.l-hi>use for religious worship is not forbidden 
 by the Constitution. :> 111. Dl. 
 
 iTS may authorize the use of a school-lioii-e for religion- pnrpo-es 
 lou ;! 11 ; :,:. Iowa 11' !. 
 
 A public sehool-lioii-e c.-iii not be leased for Use of a private or select school, 
 -uch u>e in- lined by any resident tax-payer. .'!"> Ohio Si. 
 
 3 can not authorixe the use of ;i district school building for tem- 
 
 .ool purposes. '2\ Wis. < 
 The I'.oard of hii. not authori/.e the i hool-hoii-e for the 
 
 Sunday-- 
 
 The iulial)it:r liool district have m. right to use the M-hool-housv for 
 
 '1 Sunda\- -_ain-t the objection of any tax-payer of 
 
 the di i though tl;e di-trict may have voted to allow such use. 'J7 Conn. 
 
 [1865, i. 1. 
 
 an-1 in fi.n-e Murch <i, 1365.] 
 
 U 
 
 School-house, when sold. The proper Trustee may, when- 
 ouse shall have Uen removed to a different location, or a 
 d for the school in a different place, if the laud whereon 
 ituated belongs unconditionally to the township, town or 
 -ell thf same, when, in his opinion, it i~ advantageous to the town- 
 ship, town or i oiice that can be obtained 
 ' and upon tl. i ..f the purchase-money to the township, 
 town or city Treasurer, he .-ball execute t<> the purchaser a deed of 
 
 -!jall be sufficient to vest in such purcha-er all the 
 title "f such township, town <>r city thereto. The money derived from 
 such sale shall be a part of the special school revenue. (149) 
 
 1. --I township for the use of the town-hip 
 
 liool pur; : absolute and not a conditional convevance; and the 
 
 Seeded. 'f he deed of the township should be 
 
 made in the name of the Trustee of the school township, and signed by him as 
 such S'hool Tru-tee. School P.oard- of cities and towns may sell and convey a 
 scho.,1 lot upon the condition.- named in this section. ''^.\\'.\1, H38, 4508, note 4. 
 In the administration of the law set out in section -loll, three cases ft] 
 
 When the school-hou-e is within the limits of the township, the Town- 
 ship Tru-tee control- and sells it. 
 
 When the school-hou-e is situated within territory which i- after- 
 ward incorporated into a town, then the title vests in the town, and the propertv 
 rolled by the School Trustees of the town. See 27 Ind. 465; 109 Ind. 559; 
 86 Ind. 582, 
 
 12 SCHOOL LAW. 
 
178 
 
 SCHOOL LAW OF INDIANA. 
 
 Third. When the school-house is located on territory which is taken into a 
 city by addition, then the Township Trustee controls, and sells, and credits the 
 special school fund with amount of sale. See 37 Ind. 415; 60 Ind. 473. Varies,. 
 Supt. 
 
 But see recent act, section 451 la. 
 
 [1893, p. 194. Approved and in force March 3, 1893.] 
 
 45 1 1 a. Whenever there has been, or may hereafter be, by proper pro- 
 ceedings, any territory annexed to any city or incorporated town of this 
 State, which territory included within such boundary as annexed any 
 real estate which, prior to such annexation, was the property of the 
 school township adjoining such town or city, and used for school pur- 
 poses by such school township, such real estate shall, by virtue of such 
 annexation, at once become in fee simple the property of the school cor- 
 poration of such town or city within the corporate boundaries of which 
 it is found after such annexation of territory, and it is hereby made the 
 duty of the Township Trustee to at once execute and deliver to the school 
 corporation of such town or city a deed conveying such title as his school 
 township has for all school property which has passed, by such proceed- 
 ings, from the territorial jurisdiction of the township to that of 1 a town 
 or city. (1) 
 
 1. Where there is no express provision to the contrary, each district will 
 remain liable for its debts and retain its property, and there will be no merger of 
 districts until such debts are paid and the affairs of each settled. 2 Atl. Rep. 198;, 
 64 N. H. 84; 1 S. W. Rep. 363; 63 Mich. 51; 40 Minn. 13; 61 Mo. 176; 96 Pa. 
 St. 76; 4 Pa. St. 35; 133 111. 122; S. C. 24 N. E. Rep. 529; 82 Me. 180; 55 Conn, 
 244; S. C. 10 Atl. Rep. 689; 55 Conn. 144; 78 Iowa 550; S. C. 43 N. W.'Rep. 527; 
 76 Texas 302; 75 Mich. 143. 
 
 2. As regards the liability of school districts, for indebtednessj see 64 N. H. 
 84; 30 West Va. 424; S. C. 4 S. E. Rep. 640; 15 Atl. Rep. 812; 145 Mass. 555; 
 S. C. 14 N. E. Rep. 789. 
 
 3. For constitutionality of the act, in cases of indebtedness, where obliga- 
 tions would seem to be impaired by reason of such transfer, see 19 Ind. 407 ; 20 
 Ind. 398. 
 
 4. See, also, 27 Ind. 465 ; 37 Ind. 415 ; 60 Ind. 473 ; 86 Ind. 582 ; 109 Ind. 559. 
 
 45 1 lb. It is hereby declared that an emergency exists for the imme- 
 diate taking effect of this act, and the same shall be in force from and 
 after its passage. (2) 
 
 [1877, p. 125. Approved and in force March 6, 1877.] 
 
 4512. School-house for several townships. The Trustees of two 
 or more adjacent counties or townships may establish a new school dis- 
 trict, and build a school-house therein at the joint expense of their sev- 
 eral townships, whenever, in their judgment, it shall appear necessary 
 
SCHOOL LAW OF INDIANA. 179 
 
 ie better accommodation of the people of their respective town- 
 ships : Provided, That such necessity must be set forth in a petition of 
 the persons making the request such petition to be presented to each 
 of -aid Trustees. And said Trustees shall, at the time agreed upon by 
 them, not less than ten days nor more than thirty days from the time of 
 receiving such petition, hold a joint meeting, for the purpose of declar- 
 ing whether such petition shall be granted, and take such further action 
 as the case may require. (1) 
 
 1. ADJUSTMENT OK KKVKNTE. It would seem from the language of the 
 statute that when a joint district school is established, parents and guardians liv- 
 ing in the vicinity would have the right to elect to send their children to it, even 
 though it be out of their own township. Such a choice would generally necessi- 
 tate several transfers, but transfers can not be made except at the time of taking 
 the enumeration (sections 447."., 4474 . The proper way to settle the difficulty 
 would be for the Trustees of the several townships to pay to the Trustee of the 
 one in which the house is located the revenue then on hand and afterward received 
 for the benefit of the children sent to the school from their several townships, till 
 the next enumeration. The matter will thereafter adjust itself. Smart, Supt. 
 t-ction 4446, notes 1, 2, 3. 
 
 4513. Cost of erecting. Each township shall bear part of the 
 expense of establishing such joint district school as the number of chil- 
 dren of school age residing in each township, and attaching themselves 
 to said new district at the time of the formation, bears to the whole 
 number of children of school age who are attached to said district at its 
 formation ; and each township shall assume its share of the debt so in- 
 curred. But when said school shall be established, it shall be supported 
 by the town.-hip in which it is established, in the manner already pre- 
 x-rihed by law. (2 id.) 
 
 1. TITLE, JOINT. The deed for the property should be in the name of all 
 the corporation- interested; but, after the building is completed and paid for, the 
 partner-hip 068868, ami the >eliM,,l-h,,u-c pa-M-s under the control of the Trustee 
 <f the township within whose limits the house i- situated. Smart, Supt. 
 
 [1877, p. liM. Approved Jind in force March 7, 1877.] 
 
 4514. Donation and b<M|iiests. Whenever any person shall give 
 
 or bequeath unto Trustees any sum of money exceeding five thousand 
 dollars, for the purpose of erecting a public school building or seminary 
 in any unincorporated town in this State, and upon the express or im- 
 plied condition contained in said bequest that an amount equal thereto 
 shall be raised by the citizens of said town or township for a like pur- 
 pose, the Township Trustee of said Township in which said town is situ- 
 ated shall, upon the petition of a majority of the legal voters of said 
 township, be authorized to prepare, issue and sell the bonds of said 
 
180 
 
 SCHOOL LAW OF INDIANA. 
 
 township, to secure a loan not exceeding fifteen thousand dollars, in an- 
 ticipation of the revenue for special school purposes, for the purpose of 
 complying with the condition annexed to such gift or devise said bonds 
 to bear a rate of interest not exceeding seven per cent, per annum, pay- 
 able at such time, within seven years from date, as such Trustee may 
 determine : Provided, That until all the bonds of any one issue shall 
 have been redeemed, such Township Trustee shall not be authorized to 
 make another issue, nor shall any such bonds be sold at a less rate than 
 ninety-five cents on the dollar. (1) 
 
 1. The County Board has no power to appropriate money out of the general 
 fund of the county to build a school-house. Kothrock v. Carr, 56 Ind. 334. 
 
 4515. Majority of voters. The whole number of votes cast for 
 candidates for Congress at the last preceding congressional election in. 
 the township shall be deemed to be the whole number of legal voters of 
 such township, a majority of whose names shall be signed to the petitioo 
 presented to such Township Trustee ; to which petition shall be attached 
 the affidavit or affidavits, as such Trustee may deem necessary, of a 
 competent and credible person or persons that the signature of all the 
 names to said petition are genuine, and that the persons whose names 
 are thereto signed are, as he believes, legal voters of such township. (2) 
 
 4516. Sale Of bonds. The Township Trustee shall record such peti- 
 tion, together with the names attached, in the record-book of his town- 
 ship, and carefully file away and preserve said petition, and shall enter 
 in such record a statement of the time when such petition was filed; 
 and, if said Trustee shall then be satisfied that said petition contains the 
 names of a majority of the legal voters of said township, he shall then 
 prepare, issue, and sell bonds to the amount petitioned for in such peti- 
 tion, as provided in section 1 of this act (section 4514), and shall accu- 
 rately keep a record of all proceedings in and about the issue and sale 
 of such bonds, to whom, and for what amount sold, the rate of interest 
 they bear, and the time when they become due. (3) 
 
 [1881, p. 592. Approved and in force April 16, 1881.] 
 
 4517. Site for school-house Eminent domain. Whenever, in 
 the opinion of Trustees of school corporations or of the Township 
 Trustee of any township in this State, it shall be considered necessary to 
 purchase any real estate on which to build a school-house, or for any 
 other purpose connected therewith, Such Township Trustee or School 
 Trustees, or a majority of them, may file a petition in the Circuit Court 
 of said county, asking for the appointment of appraisers to appraise and 
 assess the value of said real estate. (1) 
 
^a*A*y7 
 " or T 
 
 UNIVERSITY 
 
 ' ruste 
 
 
 
 SCHOOL LAW OF INDIANA. 181 
 
 LOCATIONS. The question as to where school-houses shall be located, and 
 land shall be acquired for that purpose, is left to the sound discretion of the 
 e; and, upon an application by the Trustee to the Circuit Court to acquire 
 i ind for a school-house, questions respecting the location selected are not triable. 
 ' he method of trying such questions is by appeal to the County Superintendent, 
 ; s provided by section 4537. Braden r. McNutt, 114 Ind. 214. 
 
 2. SCHOOL TOWNSHIP BUILDS. The school township, and not the civil town- 
 hip, must build the school house; and a note given by the civil township for the 
 ost of constructing a school-house is void. Wingate v. Harrison School Town- 
 hip, 59 Ind. 520. 
 
 3. DISAGREEMENT AMONG TRUSTEES, In cities and towns the School Trustee*, 
 .etermine where and when a school-house is necessary aad convenient, and a con- 
 ract by the Trustees for the building of such school-house is binding, although 
 ne of the Trustees protested against it. Crist r. Brownsville Township, 10 Ind. 461. 
 
 4. FRAUD. An action may be maintained to enjoin the construction of a 
 chool-house, on the ground of fraud on the part of the Township Trustee, in the 
 naking of the contract, in the name of the State for the use of the civil township; 
 ind the remedy provided for an appeal to the County Superintendent, is not in 
 -uch a case exclusive, and does not prevent the bringing of the action. State v. 
 Earhart, 27 Ind. 119. 
 
 5. COUNTY BOARD OF COMMISSIONERS. A County Board of Commissioners 
 an not make an allowance to build a school-house. Rothrock v. Carr, 55 
 Ind. 334. 
 
 4518. Appraisers. Upon eaid" petition being filed (the owner or 
 owners of said real estate having had ten days' notice of the pendency 
 thereof), the Court shall appoint three freeholders, resident in said 
 school corporation or said township where said real estate is situate, to 
 appraise and assess the value thereof. (2) 
 
 4519. Appraisement Payment Said appraisers, before making 
 said assessment and appraisement, shall take an oath before the Clerk 
 of said court to make a fair, true, and honest appraisement of said real 
 estate ; and shall then proceed to examine said real estate, hear such 
 evidence as they may consider necessary, and make report of their ap- 
 prai-cmcnt within five days after their appointment. Upon said report 
 Iteintr filed, the owner or owners of said real estate may except to the 
 same for any cause, and a trial thereon may be had in said court. 
 When the value of said real estate is finally determined in said court, 
 the Township Trustees or School Trustees may pay to the Clerk of said 
 court, for the use of the owner of said real estate, the amount so deter- 
 mined, and. upon payment thereof, the title to said real estate vest in 
 said school corporation for said purposes. (3) 
 
 1. The question when and where a school shall be located is loft to the <1is- 
 -retion of the Trustees; and that question can not be tried on condemnation pro- 
 ceedings. 114 Ind. 214. 
 
182 
 
 SCHOOL LAW OF INDIANA. 
 
 ARTICLE VIII. TEACHERS' INSTITUTES. 
 
 [1889, p. 67. Approved and in force March 2, 1889.] 
 
 4520. Township Institutes. At least one Saturday in each month 
 during which the public schools may be in progress shall be devoted to 
 Township Institutes, or model schools for the improvement of teachers ; 
 and two Saturdays may be appropriated, at the discretion of the Town- 
 ship Trustee of any township. Such Institute shall be presided over by 
 a teacher, or other person, designated by the Trustee of the township. 
 The Township Trustee shall specify, in a written contract with each 
 teacher, that such teacher shall attend the full session of each Institute 
 contemplated herein, or forfeit one day's wages for every day's absence 
 therefrom, unless such absence shall be occasioned by sickness, or such 
 other reason as may be approved by the Township Trustee, and for each 
 day's attendance at such Institute each teacher shall receive the same 
 wages as for one day's teaching : Provided, That no teacher shall receive 
 such wages unless he or she shall attend the full session of such Insti- 
 tute and perform the duty or duties assigned. 
 
 1. TRUSTEE MUST NOTIFY TEACHERS. Where a school teacher has no notice 
 when an Institute in his township will be held, and he has not been negligent in 
 ascertaining the date thereof, he is not liable to a forfeiture of wages. It is not 
 the duty of the teacher to go to the School Trustee and ascertain the time of 
 holding the monthly Institute ; but it is the duty of the Trustee to designate the 
 day on which the same will be held, and notify the teachers of such fact. The 
 teacher has a right to rely upon the Trustee doing his duty, and should not suffer 
 through the non-performance of such duty. Baldwin, Atty.-Gen. 
 
 2. TEACHERS MUST TAKE PART. The object of this Institute is the improve- 
 ment of the teachers of the township. It seems to me that all the powers neces- 
 sary to carry out this object are by common law conferred upon the persons 
 managing the Institute. The object of the Institute will utterly fail unless the 
 teachers attending take part in the exercises. I think, therefore, the contract 
 which the Trustee makes with the teachers, in relation to Township Institutes, 
 necessarily requires the teachers to perform such reasonable exercises and duties 
 as may be assigned to them. Indeed, the statute provides that the Trustee may 
 designate one of the teachers to preside over the Township Institute. I am of the 
 opinion that the mere presence of a teacher at a Township Institute does not fill 
 the requirements of the law. Smart, Supt. 
 
 I think that mere presence at the Institute is not a full compliance with the 
 spirit of the law. The law contemplates active participation in the exercises of 
 the Institute. Bloss, Supt. 
 
 3. ATTENDANCE COMPULSORY. It is the duty of a Township Trustee to 
 contract with all teachers employed by him to attend Township Institutes. It is 
 his duty to provide for holding such Institutes, and to see that they are held. 
 
SCHOOL I.\W >F INDIANA. 
 
 183 
 
 A. mandate of Court may he obtained to compel the Trustee to perform both these 
 hides. I think that, even though the Trustee had failed to make awritten contract 
 with the teachers, he could require them to attend the Institutes. Hoicomb>\ Xujit. 
 
 4. PAID our OF SPECIAL SCHOOL FUND. Teachers should be paid for attend- 
 ance upon Township Institutes out of the special school fund. This is authorized 
 under "other necessary expenses of the school." (Sec. 4467.) 
 
 Such expense could not be paid out of the tuition revenue. Fortes, Supt. 
 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4521. County Institutes. In order to the encouragement of 
 Teachers' Institutes, the County Auditors of the several counties of this 
 State shall, whenever the County Superintendent of such county shall 
 file with said Auditor his official statement, showing that there has been 
 held, for five days, a Teachers' Institute in said county, with an aver- 
 
 t tendance of twenty-five teachers, or of persons preparing to become 
 such, draw his warrant on the County Treasurer, in favor of said County 
 Superintendent, for thirty-five dollars ; and in case there should be an 
 average attendance of forty teachers, or persons preparing to become 
 such, then the said County Auditor shall draw his warranton the Treasurer 
 for fifty dollars, for the purpose of defraying the expenses of said Insti- 
 tute : Provided, however, That but one of said payments be made in the 
 same year. (159J 
 
 1. SrpF.RivrFN DENT'S DUTY AND PAY. Such an institute as is contemplated 
 by the law i- tint a voluntary association, but a teachers' meeting, at'the head of 
 which i> the County Superintendent. He, therefore, has no right to surrender it 
 into the hands of an incompetent director, nor to permit a course of procedure by 
 any one, or by the Institute itself, by which time shall be wasted or unsatisfactory 
 work done. The teachers are there to be instructed, and the Superintendent inu>t 
 necessarily take the responsibility of the Institute upon himself. The money which 
 the Auditor is authorised to pay is to defray the expenses of the Institute exclusive 
 of the jwr rlifut of the Superintendent, whose compensation must be obtained in the 
 usual way. lie is also entitled to his per diem for reasonable services in making 
 preparations for the Institute. Smart, Supt. 
 
 4522. Schools closed. When any such Institute is in session, the 
 common schools of the county in which said Institute shall be held shall 
 be closed. (160) 
 
 4523. Sessions. The several County Superintendents are hereby 
 required, as a part of their duty, to hold, or cause to be held, such 
 Teachers' Institutes at leaet once in each year in their respective counties. 
 (161) 
 
184 
 
 SCHOOL LAW OF INDIANA. 
 
 ARTICLE IX FREE LIBRARIES. 
 
 [1883, p. 103. Approved March 5, 1883, and in force June 5, 1883.] 
 
 4524. In cities and towns. In all the cities and incorporated towns 
 in this State the Board of School Trustees, Board of School Commission- 
 ers, or .whatever Board may be established by law to take charge of the 
 public or common schools of such city or incorporated town, shall have 
 power, if in their discretion they deem it to the public interest, to estab- 
 lish a free public library in connection with the common schools of such 
 city or incorporated town,. and to make such rules and regulations for 
 the care, protection and government of such library, and for the care of 
 the books provided therefor, and for the taking from and returning to 
 said library of such books, as the said Board may deem necessary and 
 proper, and to provide penalties for the violation thereof: Provided. 
 That in any city or incorporated town where there is already established 
 a library open to all the people, no tax shall be levied for the purpose 
 herein named. (1) 
 
 1. AMENDMENT. As enacted in 1881, the benefits of this law were confined 
 to cities of ten thousand inhabitants, but the amendment of this section, in force 
 June 5, 1883, extended them to all cities and incorporated towns. 
 
 2. See sections 3782-3815, R. S. 1881, and for amendments to these sections 
 see Acts, 1883, p. 200; Acts, 1885, pp. 9 and 120. 
 
 [1885, p. 120. Approved and in force April 2,1885.] 
 
 4524a. Libraries in certain cities. Wherever the Board of 
 Directors of a library heretofore situate within the limits of any incor- 
 porated town may have filed the agreement and request with the Board 
 of Trustees of said town, provided for in an act entitled "An act sup- 
 plementary to an act entitled an act to establish public libraries," ap- 
 proved February 16, 1852, approved March 8, 1883, and the Board of 
 Trustees of such town may have levied a tax for the support of such 
 library in pursuance of such request and agreement and in accordance 
 with said act, and such town may afterward have become incorporated 
 as a city, the Comipon Council of such city shall have all the powers to 
 levy tax, and do all other things granted by said act above named to 
 Trustees of towns, and all the provisions of said act applicable to such 
 library, and its relations to the town before its incorporation as a city 
 shall, after such incorporation, be applicable to such library, and its 
 relations to such city. (1) 
 
II 
 I 
 
 SCHOOL LAW (iK INDIANA. 185> 
 
 [1881, p. 47. Approved and in force March 7, 1881.] 
 
 4525. Tax to maintain. Such Board shall also have power to 
 evy a tax of not exceeding one-third of a mill on each dollar of taxable 
 property assessed for taxation in such city in each year; which tax shall 
 oe placed on the tax duplicate of such city, and collected in the same 
 manner as other taxes ; and, when said taxes are collected, they shall be 
 paid over to the said Board for the support and maintenance of said 
 public library. Such Board shall have power, and it shall be its duty 
 to disburse said fund, and all revenues derived from gift or devise, in 
 providing and fitting up suitable rooms for such library ; in the purchase, 
 care, and binding of books therefor ; and in the payment of salaries to 
 a librarian and necessary assistants. (2) 
 
 4526. Real estate. Any such city in which a free public library 
 may be established in accordance with the terms of this act may acquire- 
 by purchase, or take and hold by gift, grant, or devise, any real estate- 
 necessary for, or which may be donated or devised for, the benefit of 
 such library ; and all revenues arising therefrom, and the proceeds of 
 the same, if sold, shall be devoted to the use of said library. (3) 
 
 [1885, p. 160. Approved and in force April 8, 1885.] 
 
 4526a. Real estate for libraries. In any case in which the 
 Board of School Trustees of any city of this State have purchased any 
 real estate for the use of a public library of said city, under sections 
 4524, 4525 and 4526 of the Revised Statutes of 1881, and the revenue 
 derived from taxation under said sections may have been or shall be in- 
 sufficient to pay for such real estate, then said Trustees be and they are 
 hereby authorized to pay for the same out of any money in the treasury 
 <>f such school city belonging to the special school fund thereof. (1) 
 
 [1891, p. .T7. Approved and in for<-e February LV>, 1891.] 
 
 4527. School and library lax in cities of 30,000. In all 
 
 cities nt' the State of Indiana \vhere Boards of School Commissioners- 
 have been elected and are inana.irin.ir the school affairs of said city 
 under an act of the (iencral A.-semhly of the Suite .,f Indiana, entitled 
 ''An avt providing for a general system of common schools in all cities 
 of thirty thousand, or more, inhabitants, and for the election of a Board 
 100] ('oiimii.-sioiu-rs for such cities, and defining their duties and 
 prescribing their powers, and providing tor common school libraries 
 within such cities, approved Man-h ">. 1*71. and the various acts of the 
 General .Weinbly amendatory thereof, and supplemental thereto, and 
 
186 
 
 SCHOOL LAW OF INDIANA. 
 
 in which the office of City Treasurer has been, or, hereafter, may be, 
 abolished under and by virtue of an act of the General Assembly of the 
 State of Indiana, entitled, 'An act concerning taxation for city and 
 school purposes in cities containing a population of over seventy thousand, 
 af shown by the last census of the United States ; to abolish the offices 
 of City Assessor and City Treasurer in such cities, and provide for the 
 discharge of the duties' of such offices, and repealing laws in conflict 
 therewith, approved February 21, 1885, '" such Boards of School Com- 
 missioners be and they are hereby authorized and empowered, in the 
 manner and form in which they are now by law authorized to levy taxes, 
 levy taxes for the support of the schools within such city, including 
 such taxes as may be required for paying teachers, in addition to the 
 taxes now authorized to be levied by the General Assembly of the State 
 of Indiana, not to exceed, however, in any one year, the sum of twenty- 
 five cents on the one hundred dollars of the taxable property as shown 
 by the certificate showing the assessment and valuation for taxation of 
 all taxable real and personal and railroad property of such city, required 
 to be delivered to said Board of School Commissioners by section 8 of 
 the said act of the General Assembly of the State of Indiana, approved 
 February 21, 1885, and also to levy a tax each year not exceeding four 
 cents on each one hundred dollars of the taxable property in said city, 
 as shown by said certificate, for the support of free public libraries, in 
 connection with the common schools of said city, and to disburse any and 
 all revenues raised by such tax levied for library purposes, in the pur- 
 chase of books and in the fitting up of suitable rooms for such libra- 
 ries, salaries to librarians and other expenses necessarily incident to the 
 maintenance of such library ; also, to make and enforce such regulations 
 as they may deem necessary for the taking out, and returning to, and 
 for the proper care of all books belonging to such libraries, -and to pre- 
 scribe penalties for the violation of such regulations. (1) 
 
 4527a. County Treasurer reports to Board of School Commis- 
 sioners. In all cities in the State of Indiana, where Boards of School 
 Commissioners have been elected and are managing the school aifairs of 
 said city, under and by virtue of said act of the General Assembly of 
 the State of Indiana, approved March 3, 1871, and in which the office 
 of City Treasurer has been, or may hereafter be, abolished, under and 
 by virtue of said act of the General Assembly of the State of Indiana, 
 approved February 21, 1885, as mentioned and described in the first 
 section of this act, it shall be the duty of the County Treasurer, on and 
 after making his settlement with the County Auditor on the third Mon- 
 day of April, 1891, and the payment to the Board of School Commis- 
 sioners of the amount by such settlement found to be due to it, as 
 

 LAW OF INDIANA. 1ST 
 
 
 equired by section 13 of the last above named act, at the close of each 
 alendar month, to make report, duly veritied ly his oath, to said Board 
 f School Commissioners of all taxes and delinquent taxes collected 
 vithin said month, and thereafter, upon demand of the Treasurer of >aid 
 Board of School Commissioners, to pay to him, for the use of said Board 
 >f School Commissioners, the full amount of said taxes and delinquent 
 taxes shown by said report to have been collected. Upon such payment 
 being made, the Treasurer of the Board of School Commissioners shall 
 execute to said County Treasurer his receipt for the amount of money 
 so paid, which receipt the latter shall deliver to the Secretary of the 
 Board of School Commissioners, who shall give him a quietus therefor, 
 and credit said County Treasurer with the amount thereof, and charge 
 such amount to the Treasurer of said Board of School Commissioners. 
 (2) 
 
 I527d. County Treasurer's credits. Said County Treasurer 
 shall, thereafter in his settlement with the County Auditor, made as 
 required by law, on the third Monday of April, and the first Monday of 
 November, in each year, present such quietuses to the County Auditor, 
 who shall give such County Treasurer credit therefor as against the sums 
 with which he is chargeable upon account of the collection of such school 
 taxes. (3) 
 
 NOTE. This act has a general repealing section. The act repeals the act of 
 1889, p. 432, on the same subject, 
 
 [1891, p. 35. Approved and in force February 26, 1891 .J 
 
 452 7e. Bonds for library buildings. In all cities in the State of 
 Indiana where Boards of School Commissioners have been elected and 
 are managing the school affairs of said city under an act of the General 
 Assembly of the State of Indiana, entitled, "An act providing for a gen- 
 eral system of common schools in all cities of thirty thousand, or more, 
 inhabitants, and for the election of a Board of School Commissioners for 
 sueh cities, and defining their duties and prescribing their powers, and 
 providing tor common school libraries within such cities," approved 
 March *. y >, 1*71, and the various acts of the General Assembly amenda- 
 tory thereof and supplemental thereto, Mich Board of School Commis- 
 sioners be and they are herehy authorized and empowered to issue bunds 
 in any sum not exceeding one hundred thousand dollars, for the purpose 
 of erecting buildings for library and school offices, to be used in connec- 
 tion with the common school- of .-aid city. Such bonds to bear interest, 
 not exceeding five per cent, per annum, payable after eleven years from 
 the date thereof, and within twenty years from the date thereof, as fol- 
 
188 
 
 SCHOOL LAW OF INDIANA. 
 
 lows, to-wit : One-tenth thereof to be paid eleven years from date, and 
 one-tenth thereof to be paid each succeeding year until all are paid ; the 
 money obtained from the sale of such bonds shall be disbursed by said 
 Board of School Commissioners in the erection of a building for the 
 library and school offices, to be used in connection with the common 
 -schools of said city. Such bonds shall be designated ' * Library Building 
 Bonds," and may be issued in such denominations, and in such sums, 
 from time to time, as the Board of School Commissioners may deem 
 expedient ; and each of said bonds shall upon its face designate the date 
 of the maturity thereof: Provided, That at no time shall the amount of 
 bonds so issued for such purpose by any such board exceed the sum of 
 one hundred thousand dollars ; and that said Board of School Commis- 
 sioners shall have no power to issue any renewal thereof, but the same 
 shall be paid at maturity, as hereinafter provided : And, provided further, 
 That such bonds shall not be sold for less than their par value. (1) 
 
 4527f. Payment of bonds. If the Board of School Commission- 
 ers in any city shall exercise the powers granted to it by this act, it shall 
 provide for the payment of said bonds as follows ; at the time of the 
 levying of the taxes for the year which shall be collectible immediately 
 before the maturity of the first maturing of said bonds. Said board of 
 School Commissioners shall levy, in addition to the levy of taxes they 
 may be authorized to make for other purposes, a tax upon all property 
 subject to taxation by it, sufficient to pay the first maturing of such 
 bonds, and apply the money raised thereby to the payment thereof; and 
 each year thereafter said Board of School Commissioners shall levy such 
 lax, and apply the proceeds thereof to the payment of the bonds succes- 
 sively maturing until all have been paid. (2) , 
 
 NOTE. This act has a general repealing section. 
 
 TOWNSHIP LIBRARIES. 
 
 [1866, p. 3. Approved and in force March 6, 1865.J 
 
 4529. Township Trustee in charge. Such library shall be in 
 charge of the Township Trustee, shall be deemed the property of the 
 township, and shall not be subject to sale or alienation from any cause 
 whatever. (136) 
 
 4530. Trustee's duties. Such Trustee shall be accountable for the 
 preservation of said library ; may prescribe the time of taking and the 
 period of retaining books ; assess and recover damages done to them by 
 

 SCHOOL LAW or INDIANA. 189 
 
 and adopt regulations necessary for their preservation and 
 
 He shall provide hook-rax- : also, blank hooks, ruled, in 
 which, to keep an account of hooks taken out and returned; ami report 
 the number each year to the County Superintendent. At the com- 
 mencement of each school term, at each school-house in the township, 
 he shall cause a notice to be posted up, stsitinjr where the library is kept, 
 and invitinjr the free use of the books thereof by the persons of the 
 town-hip. (l:',7 
 
 4531. Use of books. Every family in the township shall* be enti- 
 tled to the use of two volumes at a time from said library, whether any 
 member of such family shall attend school or not. (138) 
 
 4532. Where kept. The Trustee may deposit the library at some 
 central or eligible place in the township, for the convenience of scholars 
 and families, and may appoint, for that" purpose, a librarian to have the 
 -care and superintendence thereof. (139) 
 
 1. PAY OF LIBRARIAN. When the Township Trustee employs a Township 
 Librarian, he has authority to make a contract to pay him so much per year. The 
 power to appoint a librarian gives the Trustee the power to secure the acceptance 
 of such appointment by paying a sufficient, but reasonable, compensation. There 
 is no statute fixing a fee for such work, but the same is to be paid for out of the 
 township's general fund for ordinary township purposes. Baldwin, Atfy-Gen. 
 
 4533. When open. The library shall be open to all persons enti- 
 tled to its privileges throughout the year, without regard to school ses- 
 isions, Sundays and holidays excepted. (140) 
 
 [1885, p. 9. Approved and in force February 18, 1885.] 
 
 4533a. Tax levy for library. Any township in which there has 
 been, or may hereafter be, established by private donations, a library of 
 the value of one thousand dollars, or more, for the use and benefit of all 
 the inhabitants thereof, the Township Trustee of such township shall 
 Annually levy and collect not more than one cent on the hundred dollars 
 upon the taxable property within the limits of such township, which 
 shall be paid to the trustees of such library, and be applied by them to 
 
 I the purchase of books for said library, and may, with the consent of the 
 Board of Commissioners of the county, when it shall become necessary 
 to erect or enlarge a library building, annually, for such period as may 
 be necessary, levy and collect not more than five cents on the one hun- 
 dred dollars upon the taxable property of said township, for not more 
 than three years successively, which shall be expended by the trustees 
 in the erection or enlargement of a library building. (1) 
 
190 
 
 SCHOOL LAW OF INDIANA. 
 
 1. When the Young People's Reading Circle books shall, collectively, even 
 though they may be distributed to the several district schools in the township,, 
 amount to one thousand dollars in value, I think the Trustee of such township 
 would be warranted, by the above statute, in levying a tax of one cent on the one 
 hundred dollars of taxables for the support and addition to such library. Vo //>*. 
 Supt. 
 
 2. If the people of the several districts, or the pupils of the several schools,, 
 should appoint trustees, in some uniform way, as they may choose, I think the 
 intent of the above section would be fully complied with. Vories, Supt. 
 
 ARTICLE X GENERAL PROVISIONS. 
 
 [1865, p. 3. Approved and in force March 6, 1865.] 
 
 4534. Suits, how brought. Suits brought on behalf of the schools- 
 of any township, town or city, shall be brought in the name of the State 
 of Indiana, for the use of such township, town or city. (145) 
 
 1. NOTE. An action brought in the name of the State, for the use of a city r 
 "as a distinct municipal corporation for school purposes," is rightly brought- 
 Hadley v. State, 66 Ind. 271. 
 
 2. Bringing an action in favor of the township without designating it as a 
 school township will be construed as bringing it in favor of the civil township,, 
 and not in favor of the school township. Utica Township v. Miller, 62 Ind. 230 - r 
 Jarvis v. Shelby Township, 62 Ind. 257. 
 
 4535. Costs. Any person who shall sue for, or on account of, any 
 decision, act, refusal or neglect of duty of the Township Trustee, for 
 which he might have had an appeal, according to the provisions of the 
 preceding section, shall not recover costs. (146) 
 
 1. NOTE. The " preceding section" here referred to evidently means #4537. 
 The costs are the costs made in the court. 
 
 4536. Process, how executed. Process in such suits against a 
 school township, town or city, shall be by summons, executed by leaving 
 a copy thereof with the Trustee [or School Trustees] of such township, 
 town or city, ten days before the return-day thereof; and in case of an 
 appeal, similar notice of the time of hearing thereof shall be given. 
 (144) 
 
 1. NOTE. Service of summons by reading to a Trustee is insufficient, and 
 liable to be set aside, but a judgment by default upon such service would be valid, 
 because it is sufficient notice to sustain a judgment. 
 
SCHOOL LAW OF INDIANA. 191 
 
 4537. Appeals from Township Trustees. Appeals shall be 
 allowed from decisions of the [Township] Trustees, relative to school 
 mutters, to the County Superintendents, who shall receive and promptly 
 determine the same, according to the rules which govern appeals from 
 Justices of the Peace to Circuit Courts, so far as such rules are appli- 
 cable : and their decisions of all local questions relating to the legality 
 of school meeting, establishment of schools, and the location, building, 
 repair, or removal of school-houses, or transfer of persons for school 
 purposes, and resignation and dismissal of teachers, shall be final. (164) 
 
 1. PROCEDURE ix APPEALS NOTICE TO PARTIES. When a Trustee has 
 decided to <l<i an act subject to appeal to the County Superintendent, and has made 
 a record of his decision, he should give the people interested such information as 
 they may call for in order to afford them an opportunity to avail themselves of 
 their privilege to appeal, if they desire to do so. 
 
 Tintf far <i}>i>tal Bond. An appeal must be taken within thirty days. That 
 is the rule as to an appeal from the judgment of a Justice of the Peace. But any 
 appeal may be granted by the officer to whom it is taken, after the expiration of 
 the thirty days, when the party asking it has been hindered from taking it by 
 circumstances not under his control. No bond is necessary in an appeal from a 
 Trustee to the Connty Superintendent. 
 
 Records Transcript. When a Trustee receives a written notice from an 
 aggrieved party of an appeal from his decision, he should immediately make a 
 rerc.nl of the same. He should make a certified transcript of his record, which 
 should be a complete statement of the proceeding before him, and should file the 
 same, with all papers in the case, with the County Superintendent, within twenty 
 days. % 
 
 2. LOCATION OF HOUSES. The County Superintendent has no power, on 
 appeal, to require a school-house to be erected on land not belonging to the town- 
 ship. ( Hht-rwi-f hi- decision is final, but only as to the particular case before him. 
 The Trustee may at once relocate at a different place. Koontz v. State, 44 Ind. 
 
 9tate '. Mewhinney, 67 id. 397. 
 
 After the location has been fixed by the County Superintendent, on appeal, 
 the Township Trustee may chantre it, subject to appeal. But if there be no sub- 
 .uent change after the County Superintendent has determined upon the loca- 
 tion, the Trustee may be compelled, by mandate, to execute the order. Trager v. 
 State. _'] Ind. 317. See, also, >,4444. note '.; 4499, note 4. See note 10. 
 
 JuiusnnTioN OF COUNTS. Nothing in this act shall be so construed as to 
 
 change or abridge the jurisdiction of any court in cases arising under the school 
 
 law- ,.i the State, and the right of any person to bring suit in any court, in any 
 
 : rising under the school law>, shall not be abridged by the provisions of this 
 
 act. ',44-J'.. 
 
 N" appeal to the Superintendent can be taken from the action of a Trustee in 
 making a contract with anyone, either for building a school-house, or like con- 
 traits, n<>r in regard to any criminal or fraudulent act of a Trustee, nor upon the 
 mere breach of a contract, nor upon the dismissal of a teacher in a city or town. 
 This is a question for the courts. Crawford>ville r. Hays, 42 Ind. 206. 
 
 A -11 it to set aside a contract for the building of a school-house, and to enjoin 
 the doing of the work, on the ground of fraud on the part of the Township Trustee 
 
192 SCHOOL LAW OF INDIANA. 
 
 in making the contract, is properly brought in the name of the State for the use of 
 the township; for the remedy provided by an appeal to the County Examiner is 
 not exclusive in such cases, the matter involved not being "a local question relat- 
 ing to the building of school-houses." State v. Earhart, 27 Ind. 119. But the 
 remedy of appeal to the Superintendent is exclusive when "relative to school 
 matters," and for the purpose of preventing vexatious and expensive litigation it 
 is provided that his decision shall be final in regard to certain enumerated sub- 
 jects. Fogle v. Gregg, 26 Ind. 345. 
 
 Regulations adopted by persons in charge of a school are analogous to by-laws 
 enacted by municipal and other corporations, and both will be annulled by the 
 courts, when found to be unauthorized, against common right, or palpably unrea- 
 sonable. State v. White, 82 Ind. 278. 
 
 4. EXTENT OF JURISDICTION OF COURTS. Upon any question arising out of 
 the dismissal of a teacher, if the teacher has suffered any damages, he may bring 
 a suit against the township to recover whatever loss he has sustained. The court 
 can only examine whether just cause existed for his dismissal, in order to se if 
 he is entitled to damage for a wrongful dismissal, but can not reinstate him as a 
 teacher, for as to that the Superintendent's decision is final. But on all those- 
 questions relating to the government and control of schools and school buildings, 
 and school regulations, such as the establishment of schools, and the location,, 
 building, repair or removal of school-house, or transfer of persons for school pur- 
 poses, or even the attachment of a person to a certain school, and resignation of 
 teachers, his decision is final, and no action can be maintained in the courts 
 touching the same. This must necessarily be so, for courts can not undertake the 
 superintendency of school matters. Upon a question of fraud in holding a 
 school meeting, it is difficult to see how any question can arise so that courts cam 
 exercise any jurisdiction over it; it is believed there is none. - Baldwin, Atty.-Gen, 
 
 5. REFERENCES* See section 4446, note 1 ; section 4499, notes 4, 5, 6 ; sec- 
 tions 4506, 4501, 4538 and notes. 
 
 6. TRIAL OF APPEALS. When the County Superintendent has received a 
 complete transcript of the case in controversy, he should fix a day for the trial,, 
 and all parties to the case should be notified of the subject matter and the time 
 and place of the trial. The case should then be tried de novo. No case should be 
 decided by the Superintendent from the transcript alone, without first giving all 
 parties an opportunity to be heard. If after sufficient notice either appellee or ap- 
 pellant fails to appear, then, and only then, should the case be decided from the 
 transcript. Varies, Sitpt. 
 
 7. DE NOVO TRIAL OF APPEALS. Upon appeal the case is tried de novo upon 
 its merits. 7 Ind. 207 ; 12 Ind. 565; 33 Ind. 333. 
 
 8. USE OF SCHOOL-HOUSE STATUTORY REMEDY. When a teacher com- 
 plains that the use of a school-house by religious, political or other meetings in- 
 terferes with the orderly and successful progress of the school, the Trustee should 
 call all interested parties before him, hear and determine the case at once. Hi& 
 decision will be subject to appeal to the County Superintendent, but the Superin- 
 tendent's decision is not final on this matter. It may go to the courts on injunc- 
 tion or mandamus proceedings; but the statutory remedy should first be exhausted, 
 Vories, Supt. 
 
 9. DECISIONS OF COUNTY SUPERINTENDENT NOT REVIEWED BY THE COURTS. 
 Decisions of County Superintendent (when made final by statute) will not be- 
 
S('I!<H)|. LAW M! IXIMANA. 
 
 wed by the courts unless it is -h.nvn that he acted on improper motives. ]'2 
 ,-. L. I!. 720. 
 
 10. Sri-KKiN IKMM \ i '- irci>inx FINAL. The Superintendent's decision 
 prohibiting the erection of a school house on a location selected ly the Trustee is 
 within liis jurisdiction, and i< final and binding on the Trustee, ils X. K. Kep. 
 
 1L. Intl. K>1. 
 
 11. TRr-Ti-:i.'- DIB KKTK'N. If a Trustee, acting in .rood faith, discontinues 
 a school on account of the smallness of the attendance, the courts will not review 
 his decision, nor will mandamus lie to compel him to reestablish the school. 119 
 Ind. -2:\-2. 
 
 4538. Appeals from County Superintendent. Appeals shall be 
 allowed from the derisions of County Superintendent* to the Superin- 
 tendent of PuMir Instruction on all matters not otherwise provided for 
 in the next preceding section ; and the rules that govern appeals from 
 Justices of the Peace to the Circuit Courts as to the time of taking an 
 appeal, giving bonds, etc., shall be applicable in appeals from County 
 Superintendents to the Superintendent of Public Instruction. (165) 
 
 1. PROCEDURE. The same rules' in regard to the time allowed for taking an 
 appeal and for making transcript, etc., apply in case of appeals to the State Su- 
 perintendent as to the County Superintendent. [See sections 4537-1.] But an 
 appeal bond seems to he necessary in case of an appeal to the State Superintend- 
 ent. A homl for >25 would probably be sufficient. The County Superintendent 
 should make a transcript of the record, and send it, together with all papers in 
 the ca-e. to the State Superintendent, with his certificate indorsed thereon. He 
 must specifically certify to the facts for example, that A B applied fora certificate 
 on a certain day, that upon examination a licen-e was refused on certain grounds, 
 that the inclosed papers are those made by the applicant, upon which he was 
 rejected. A copy t .f the (juestions used and the appeal bond should also be sent. 
 In case a refu-al to license is based upon the County Superintendent's personal 
 knowledge, he should make a statement of the facts, verified by affidavit, and for- 
 ward it, together with corroborative testimony, and the testimony given in favor 
 of the accused. If an appeal is taken in due form, the State Superintendent may 
 require the County Superintendent to forward the papers to him, and, upon re- 
 fusal, may vi-it the county and make an examination into the facts of the case, 
 and render a decision that will be binding on all parties interested. Smart, Xnj>t. 
 
 _'. TKIAI. r.v &TATB SuPERDfTKHDMNT. The appeal is tried by the Superin- 
 tendent of Public Instruction upon the papers sent up. Additional affidavits 
 may be tiled with him and witm e- examined. Parties may appear before him, 
 and a complete trial be had, the same a- before the County Superintendent. An 
 applicant for a 1'n-en-e. who desires to appeal, should be allowed thirty days from 
 the time the I 'oiinty Superintendent's decision is rendered, not from the time of 
 examination. If the license is denied because ..f immorality, the County Super- 
 intendent >hould -pecify in what particular the immorality consists. ( h\ appeal the 
 Superintendent of Public Instruction cannot grant a licence; he can only order 
 the County Superintendent to grant one. Should the latter refuse to grant it, a 
 mandamus, at the instance of the teacher, would lie to compel him to obey the 
 direction of the State Superintendent. If an appeal is taken and the County Su- 
 
 13 S< H.M.I. I.v\v. 
 
194 
 
 SCHOOL LAW OF INDIANA. 
 
 perintendent refuses to send up the papers, a mandamus will lie to compel him to 
 send them. Or the Superintendent of Public Instruction can visit the county and 
 try the case there. Merely writing a letter to the Superintendent of Public In- 
 struction by the party desiring to appeal, and stating that he appeals from the 
 decision of the County Superintendent, does not constitute an appeal. The initia- 
 tory steps must be taken in the matter with the County Superintendent, Bloss, 
 .&itpt. 
 
 3. APPEAL AS TO WHOLE CAUSE. An appeal must be taken as to the whole 
 <?ase. 63 Ind. 475. 
 
 4. BREACH OF APPEAL-BOND. The failure to prosecute the appeal success- 
 fully is a breach of the appeal-bond. 7 Ind. 207 ; 9 Ind. 519 ; 51 Ind. 81. 
 
 5. RULES OF APPEAL. For rules governing appeals from Justices of the 
 Peace, see sections 1499, 1500, 1501, R. -S. 1881. 
 
 6. DEFECTIVE APPEAL-BOND. For defective appeal-bond see section 1283, 
 R. S. 1881. 
 
 7. EXAMINATION OF SURETY. See section 1281, R. S. 1881. 
 
 8. APPEAL-BOND. The appeal-bond is required by statute. Section 1500, 
 H. S. 1881. 
 
 9. APPROVAL OF APPEAL-BOND. The appeal-bond should be approved. 
 Section 642, R. S. 1881 ; 29 Mich. 19. 
 
 10. INSUFFICIENCY. An appeal-bond without surety is insufficient. 63 Ind. 
 490. 
 
 11. STATE SUPERINTENDENT'S DISCRETION. The State Superintendent may 
 define the manner of presenting a case to him, whether by oral arguments or by 
 written briefs. 54 Wis. 150. 
 
 12. CASE TRIED DE NOVO. Upon appeal the case is tried de novo upon its 
 merits. 7 Ind. 207 ; 12 Ind. 565 ; 33 Ind. 333. 
 
 13. EVIDENCE. In questions as to a teacher's fitness, it is not advisable to 
 require the same strictness as to evidence as courts require. 3 Hun. (N. Y. ) 177. 
 
 14. WEIGHT OF OPINIONS. When the school law is doubtful, the opinion of 
 officials having power to pass on school questions is of great weight. 10^ R. I. 615. 
 
 15. DECISION FINAL. The State Superintendent's decision, as to the annul- 
 ing of a teacher's license, is final. 34 How. (N. Y.) 366 ; 11 Wend. 90. 
 
 4539. Oaths. School officers are hereby authorized and empowered 
 to administer all oaths relative to school business appertaining to their 
 respective offices. (166) 
 
 NOTE. But school officers can not administer oaths upon any other than 
 school matters, and it is held that Directors can not administer them at all. 
 County Superintendents and Trustees may administer oaths to Trustees and teach- 
 ers reporting to them, and to witnesses in trials before them. 
 
 [1881 S., p. 718. Approved April 14, 1881, and in force September 19, 1881.] 
 
 4540. Women eligible to school Offices. Any woman, married 
 or single, of the age of twenty-one years and upwards, and possessing 
 the qualifications prescribed for men, shall be eligible to any office un- 
 der the general or special school laws of this State. (1) 
 
SCHOOL LAW OF INDIANA. 
 
 105 
 
 1. < 'uNsriTi TIONAI.ITV noriiTKn.. Tlu- p.-i at;.- of this law implies that, in 
 
 the ju<lsrim-nt of the Lt-irislatuiv. \voim-n arc not t-liirihle to -urh olfu-f>. I think 
 tliat is tlu- ronvrt uk-a. Indeed tin-re i- -erioiis doubt whether the statute it-elf is 
 constitutional. If a ( 'ounty Superintendent of schools is a county ofiieer, a female, 
 eleeted a-. pre.-eribed by i;44'J4. will'lind herself confronted liy our State ('on-titu- 
 tion l;. >. - - t , which reads; "No pi-r-on shall be elected or appointed 
 
 'uiity officer who shall not he an elector of the county." The constitutional 
 amendment of March 14. Issl, says, in suhstance: " In all elect ion> not otherwise 
 provided for hy this eontitution, every male citizen of the age of twenty-one, who 
 shall have resided in this State six months, etc.. etc., shall be entitled to vote in 
 the township where he may reside." (R. S. 1881, 84.) Thus it would seem that 
 no one except a male i entitled to hold a county office. My attention is called 
 to tlu- appointment of a lady notary public; but a notary is not a county officer. 
 n- in. Aft i/. -Gen. 
 
 2. SCHOOL TRUSTEE DIRECTOR. Attorney -General Baldwin expressed seri- 
 - douhts of the constitutionality of the act authorizing the election of women to 
 
 school offices, and held that they were ineligible to the County Superintency on 
 the ground that county officers are required to" be electors. This reasoning does 
 not apply to the office of School Trustee of a city or town, and until the act is 
 decided by the courts to be unconstitutional, there is no ground on which to ques- 
 tion the eligibility of women to that office. Women who are voters at school 
 meetings are eligible to the office of Director. (4498, note 1.) They can not be 
 Township School Trustees, since that office is held ex offido by the civil Trustee. 
 Holcombe, 
 
 4541. Bond binding. Any woman elected or appointed to any 
 office under the provisions of this act, before she enters upon the dis- 
 charge of the duties of the office shall qualify and give bond as required 
 by law, and such bond shall be binding upon her and her securities. (2) 
 
 STATE NORMAL SCHOOL. 
 
 [1866 S., p. 140. 
 
 i-.l ami in force December 20, 1866.] 
 
 4542. Established. There .-hall !>< established and maintained, as 
 hereinafter provided, a State Normal School, the object of which shall 
 be the preparation of teachers tor teaching in the common schools of 
 Indiana. (1) 
 
 4543. TriMiM's Corporate name. In order to the establishment 
 and maintenance f such a school, the (Jovcmor .-hull appoint, subject 
 to the approval of tin- S.-nate, four competent persons, who shall, in 
 themselves and in tlu-ir BUCtt 'iistitutr a perpetual body corporate, 
 with power to sue and be sued, and to hold in trust all funds and prop- 
 erty which may be provided for .-aid Normal School, and who shall be 
 
196 
 
 SCHOOL LAW OF INDIANA. 
 
 known and designated as the "Board of Trustees of the Indiana State 
 Normal School." The Superintendent of Public Instruction shall be, 
 ex ojficio, a member of this board. (2) 
 
 4544. Term of office Vacancies. * Two members of this board 
 shall retire, as may be determined, by lot or otherwise, in two years 
 after their appointment, and the remaining two in four years ; where- 
 upon the Governor, subject to the approval of the Senate, shall appoint, 
 as aforesaid, their successors for a period of four years. All vacancies 
 occurring in said board from death, or resignation, shall be filled by 
 appointments made by the Governor. (3) 
 
 4545. Organization Officers. Said Board of Trustees shall meet 
 on the second Tuesday in January, 1866, at the office of the Superin- 
 tendent of Public Instruction, and shall organize, by electing one of its 
 number president, and one secretary, each for a term of two years ; and, 
 at this or at a subsequent meeting, it shall elect some suitable person, 
 outside of its number, as treasurer, who shall, before entering on duty, 
 give bond in such sum as it may prescribe. (4) 
 
 4546. Donations. Said board shall, at its first meeting, open 
 books to receive, from different parts of the State, proposals for dona- 
 tions of grounds and buildings, or funds for the procuring of grounds 
 and erecting of buildings, for said Normal School. Also, it may, if 
 deemed needful, at this or a subsequent meeting, appoint one of its 
 number, or other competent person, to visit different parts of the State 
 and explain the nature and object of said Normal School, and to receive 
 proposals of donations of buildings and grounds, or of funds for the 
 same. (5) 
 
 4547* Location. Said board shall locate said school at such place 
 as shall obligate itself for the largest donation : Provided, first, That 
 said donation shall not be less in cash value tnan fifty thousand dollars ; 
 second, That such place shall possess reasonable facilities for the success 
 of said school. (6) 
 
 1. An act of 1867 (p. 177) appropriated fifty thousand dollars out of the 
 common school library fund and State treasury, in aid of the erection of the 
 buildings, with a condition precedent that no part thereof should be paid until the 
 city of Terre Haute has vested in the Board of Trustees of the Normal School 
 the title to the land donated by her as a site for the school, by a good and suffi- 
 cient deed in fee-simple, and had also bound herself, by an agreement filed with 
 the Auditor of State, to forever maintain one-half of the necessary repairs incident 
 to keeping the buildings and grounds in proper order. 
 
 4548. Contract for building. Said board shall, immediately after 
 the selection of place of location, proceed to let a contract, or contracts, 
 
CHOOL LA\v OF INDIANA. 
 
 ^for the erection of a building, to the lowest responsible bidder : Provided, 
 That u" member of tlu- board be a contractor for building, or for fur- 
 
 nishjn;: any material therefor. (7) 
 
 4549. Model school. Said board shall organize, in connection with 
 the Normal School, in the .-a me building with the Normal School, or in 
 a M-jiarate building, as it shall decide, a Model School, wherein such 
 pupils of the Normal School as shall be of sufficient advancement shall 
 be trained in the practice of organizing, teaching and managing 
 schools. (8) 
 
 4550. Duty of Trustees. Said board shall prescribe the course 
 of study for the Normal School ; shall elect the instructors and fix their 
 salaries ; and shall determine the conditions, subject to limitations here- 
 inafter specified, on which pupils shall be admitted to the privileges of 
 
 ic ec-hool. (9) 
 
 4551. Conditions of admission. The following conditions shall 
 be requisite to admission to the privileges of instruction in the Normal 
 
 "School : 
 
 Fii'at. Sixteen years of age, if females, and eighteen, if males. 
 
 Second. Good health. 
 
 Third. Satisfactory evidence of undoubted moral character. 
 
 Fourth. A written pledge on the part of the applicant, filed with the 
 principal, that said applicant will, so far as may be practicable, teach in 
 the common schools of Indiana a period equal to twice the time spent 
 as a pupil in the Normal School ; together with such other conditions as 
 the board may, from time to time, impose. (10) 
 
 L STI i sru.Mrr TO RULES. A student is required to submit to any 
 
 proju-r ruK- niTrary fm- tht- good ^ovrrnim-nt of the institution. 82 Ind. 278. 
 
 J. K.\i'n>i<>N. A studi-nt run not he expelled for attending a public ball. 
 32 M- Aj.p. 51 
 
 '.{. ', t >r AI.IKK A ri'i.x- i "i: AI>MIS<IOX. The faculty can not make membership 
 of a (iivrk-U'tter fraternity, or other college secret society, a disqualification for 
 sulmi-Mon. S2 Ind. 278, 
 
 I. KA< K mi COLOR. Studrnts can not be excluded on account of race or 
 color. 4S Ind. :J'J7: 7 NYv. :\\'2- 18 Mich. 400; 48 Cal. 36; 71 111. :w:J. 
 
 4552. Tuition free. Tuition in the Normal School shall be free 
 to all residents of Indiana who fulfill the four conditions set forth in 
 the preceding section and such other conditions as the board may re- 
 quire. (ii) 
 
 4553. Principle of Management. A high standard of Christian 
 morality shall In- observed in the management of the school, and, as far 
 a practicable, inculcated in the minds of the pupils; yet no religious 
 sectarian tenets shall be taught. (12) 
 
198 
 
 SCHOOL LAW OF INDIANA. 
 
 4554. Report. Said Board of Trustees shall, biennially, make a 
 report to the Legislature, setting forth the financial and scholastic con- 
 dition of the school ; also making such suggestions as, in their judgment, 
 will tend to the improvement of the same ; and in the years in which 
 there is no session of the Legislature, it shall make a report of the 
 scholastic condition of the school to the Governor, on or before the first 
 Monday in January. (13) 
 
 [1873, p. 199. Approved and in force March 5, 1873.] 
 
 4555. Board of visitors. The State Board of Education shall 
 appoint, annually, in the month of June, or at its first meeting there- 
 after, a committee of three, who shall constitute a Board of Visitors, 
 and shall, in a body or by one of its number, visit said school once dur- 
 ing each term, and witness the exercises and otherwise inspect the con- 
 dition of the school; and, by the close of the Normal school year, they 
 shall make a report to the Board of Trustees. The members of said 
 Board of Visitors shall be allowed five dollars for each day's service ren- 
 dered, and also traveling expenses, to be paid out of the State treasury. 
 (14) 
 
 [1891, p. 311. Approved and in force March 6, 1891 J 
 
 4556. Tuition revenue. The Superintendent of Public Instruction 
 shall, in his next apportionment of school revenue for the State, deduct 
 fifteen thousand dollars; and semi-annually thereafter he shall deduct 
 the same amount ; which shall be set apart and be known as the NormaL 
 School fund. These moneys shall be paid out only on the warrant of 
 the Auditor, drawn on the order of the Board of Trustees of said Nor- 
 mal School. (15) 
 
 [1873, p. 199. Approved and in force March 5, 1873.] 
 
 4557. Certificates Diplomas. The Board of Trustees is author- 
 ized to grant, from time to time, certificates of proficiency to- such- 
 teachers as shall have completed any of the prescribed courses of study, 
 and whose moral character and disciplinary relations to the school shall 
 be satisfactory. At the expiration of two years after graduation, satis- 
 factory evidence of professional ability to instruct and manage a school 
 having been received, they shall be entitled to diplomas appropriate to> 
 such professional degrees as the trustees shall confer upon them ; which 
 diplomas shall be considered sufficient evidence of qualification to teach 
 in any of the schools of this State. (2) 
 
 4558. Annual appropriation. There shall be appropriated out 
 of the State treasury, from funds not otherwise appropriated, three- 
 
SCHOOL LAW iK INDIANA. 
 
 199 
 
 INDIANA UNIVERSITY. 
 
 thousand two hundred and six dollars and eighty-three cents, to liqui- 
 date llie indebtedness of the Normal School; also, an amount, annually, 
 not exceeding two thousand dollars in any one year, for warming, light- 
 ing, janitor's fees, repairs, and for actual expenses of said institution. 
 
 [1865 S., p, 140. Approved and in force December 20, 1865.] 
 4559. Pay of Trustees. The members of the Board of Trustees 
 -shall each be allowed five dollars for each day's service rendered, also 
 traveling expenses, to be paid out of the State treasury. (16) 
 
 4560. Pay of treasurer and agent. Said board shall pay its 
 treasurer, and its agent, if such be appointed, as provided for in this 
 
 .act, such sums for their services as shall be reasonable and just. (17) 
 
 [1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 
 
 4561. Recognized. The institution established by an act entitled 
 "An act to establish a college in the State of Indiana," approved Janu- 
 ary 28, 1828, is hereby recognized as the University of the State. (1) 
 
 The State University is not a public corporation, but a private, or at least a 
 quasi public one, and its endowim-nt fund is not embraced by the phrase, "public 
 funds," as used in tht- inu-n-st law of 1879. State o. C'arr, 111 Ind. 335. 
 
 [ 1883, p. 82. Approved and in force March 3, 1883.] 
 
 466 la. Tax for endowment fund. There shall be assessed and 
 collected, as State revenues are assessed and collected, in the year of 
 eighteen hundred and eighty-three, and in each of the next succeeding 
 tw.-ive years, the sum of one-half of one cent on each one hundred dol- 
 lar-' \\orth of taxable property in this State; which money, when col- 
 lected and paid into the State Treasury in each of the years named in 
 thi> art, shall be placed to the credit of a fund to be known as the per- 
 manent endowment fund of the Indiana University. (1) 
 
 466 lb. Application of fund. Whenever, after the first day of 
 May, eighteen hundred and eighty-four, there shall have been paid into 
 the State Treasury a sum of said permanent endowment fund sufficient 
 to pay off any of the interest-bearing indebtedness of the State, it shall 
 be th< duty of the Treasurer of State to pay off and cancel such indebt- 
 edness, and it shall le the duty of said Treasurer of State to continue 
 to pay off and cancel said interest-bearing indebtedness which may be 
 
200 
 
 SCHOOL LAW OF INDIANA. 
 
 due, or which, by the terms of the contract creating such indebtedness^, 
 may be paid off, whenever there is a sufficient sum of said permanent 
 endowment fund in the State Treasury to pay off the same out of said 
 permanent endowment fund. (2) 
 
 460 Ic. Bond of State. It shall be the duty of the Treasurer of 
 State, immediately after paying off any of the interest-bearing indebted- 
 ness of the State, as provided for in section 2 of this act, to make and 
 issue to the trustees of said university and to their successors in office a 
 non-negotiable bond of the State in an amount equal to the sum drawn 
 from said permanent endowment fund and used in such payment. Said- 
 non-negotiable bond shall be signed by the Governor and Treasurer of 
 State, and attested by the Secretary of State and the seal of the State,, 
 and be made payable in fifty years after date, at the option of the State, 
 and said bond shall bear five per cent, interest from date until paid, 
 which interest shall be paid semi-annually on the first days of May and 
 November of each year, and the same shall be applied to the current 
 and extraordinary expenses of said university and be paid to the trustees^ 
 thereof, under the same rules and regulations as is now required By law 
 in the payment of the revenues of said university. The non-negotiable- 
 bonds provided for in this act, when executed, shall remain in tbe cus- 
 tody of the Treasurer of State. (3) 
 
 466 Id. Loans by State Auditor. That so much of said perma- 
 nent endowment fund as shall not at any time be absorbed by the non- 
 negotiable bonds of the State, as contemplated in this act, shall be 
 loaned by the Auditor of State at six per centum interest, payable an- 
 nually in advance, in real estate security ; and in making loans and, 
 disbursing interest collected the Treasurer of State and the Auditor of 
 State shall be governed by the law now in force regulating the manner* 
 of making loans of the university funds and paying out interest collected r 
 except as otherwise provided in this act. (4) 
 
 466 le. Mortgages taken by State Auditor. It shall be the duty 
 of the Auditor of State to make a complete record of every mortgage 
 and note executed on account of any loan from said permanent endow- 
 ment fund, in a book to be kept in his office for that purpose ; and, on 
 payment of any loan to said fund, said Auditor shall enter a record of 
 satisfaction in full on the margin of the record of the mortgage in his 
 office, and sign the same with his name ; and he shall also, in like man- 
 ner, enter satisfaction in full on the face of the mortgage ; which mort- 
 gage, when presented by the mortgagor, or any person holding title 
 under him, to the Recorder of the county wherin the land mortgaged is? 
 situated, shall authorize the Recorder of said county to copy &ueh/ entry 
 on the record in his office. (5) 
 
SCHOOL LAW OF INDIANA. 201 
 
 466 If. State may borrow fund. If at any time hereafter the 
 shall need the loan of any part, or of all, of said permanent en- 
 dowment fund, the State shall be a preferred borrower of so much of 
 said fund as shall not be loaned at the time. But it shall be the duty 
 of the Treasurer of State to cause to be executed, as an evidence of any 
 such loan, a non-negotiable bond of the State for the amount so bor- 
 rowed, in like manner as is provided in section 3 of this act : Provided, 
 If at any time hereafter the said Indiana University shall be consoli- 
 dated with any other educational institution or institutions of the State, 
 or shall be removed from its present location for any cause whatever, the 
 fund raised under the provisions of this act shall be held and used for 
 the benefit of such institution, as consolidated or changed, notwithstand- 
 ing such change or consolidation whenever so removed or consolidated : 
 Provided, further, That, after said date, no further appropriation shall be 
 made to said university. (6) 
 
 [1855, p. 201. Approved and in force March 3, 1855.] 
 
 4562. Trustees Corporate name Officers Powers. The 
 
 Board of Trustees of the State University shall be eight in number, of 
 whom cot more than one shall reside in the same county, excepting the 
 county of Monroe, from which two may be selected. They, and their 
 successors, shall be a body politic, with the style of "The Trustees of 
 Indiana University ;" in that name to sue and be sued ; to elect one of 
 their eumber president ; to elect a treasurer, secretary, and such other 
 office^ a> they may deem necessary; to prescribe the duties and fix the 
 compensation of such officers ; to possess all the real and personal prop- 
 erty of such university for its benefit ; to take and hold, in their corpo- 
 rate name, any real or personal property for the benefit of such institu- 
 tion ; to expend the income of the university for its benefit ; to declare 
 vac-ant the seat of any trustee who shall absent himself from two suc- 
 cessive meetings of the board, or be guilty of any gross immorality, or 
 breach "t tin- by-laws of the institution; to elect a president, such pro- 
 fessors, and other officers, for such university, as shall be necessary, 
 and prescribe their duties and salaries ; to prescribe the course of study 
 and discipline, and price of tuition in such university; and to make all 
 by-laws necessary to carry into effect the powers hereby conferred. (2) 
 
 4563. The first Tni>tM's. The following persons, and their suc- 
 cessors, shall constitute said Board : Joseph S. Jenckes, of Vigo County ; 
 Joel I>. McFarland, of Tippecanoe County; George Evans, of Henry 
 County; William M. 1-Yench, of Clark County; Kansom W. Aiken, of 
 Monroe County; Johnson McCollough, of Monroe County; James R. 
 
 
202 
 
 SCHOOL LAW OF INDIANA. 
 
 M. Bryant, of Warren County; John I. Morrison, of Washington 
 County ; three of whom shall serve for two years, two for three years, 
 and three for four years. (2) 
 
 4564. The first meeting. The first meeting of said board shall 
 be held at the town of Bloomington on Monday, the second day of 
 April, 1855, when they shall determine, by lot, their several terms of 
 service. (3) 
 
 4565* Vacancies. Vacancies in said board, whether occasioned by 
 death, resignation, removal from the State, expiration of terms of ser- 
 vice, or otherwise, shall be filled by the State Board of Education. (4) 
 
 4566. Pay of Trustees. The Trustees of said University. shall 
 receive, when employed in the actual service of the university, the same 
 pay as members of the General Assembly. (5) 
 
 [1891, p. 65. Approved and in force March 3, 1891.] 
 
 4566a. Trustees of Indiana University. The Trustees of Indi- 
 ana University shall hereafter be elected for such terms of service, and 
 in such manner, as is herein provided, and the terms of service of the 
 trustees now in office, and of those hereafter elected, shall expire on 
 the first day of July of the year in which such terms are to end. (1) 
 
 4566b. Trustees' terms expiring 1891, successors. Successors 
 to three trustees whose terms of service expire in the year eighteen 
 hundred and ninety-one (1891) shall be elected by the Alumni of the 
 University at the College Commencement of the year 1891 ; one of the 
 trustees so selected shall serve for one year, one for tw r o years, and 
 one for three years. At the first meeting of the Board of Trustees after 
 July 1, 1891, the several terms of service of such three trustees shall 
 be determined by lot. At the annual commencement of the year in 
 which their terms expire successors to such three trustees shall be 
 elected by the Alumni of the University, each to serve for three years. 
 When vacancies in the Board of Trustees arise, from the death, resigna- 
 tion, removal from the State, expiration of term of service, or other- 
 wise, of any of the three trustees to be elected in 1891, or any of their 
 successors, such vacancies shall be filled by the Alumni. (2) 
 
 4566c. Trustees' terms expiring 1893, successors. Successors 
 to the two trustees, whose terms of service expire in 1893, shall be 
 elected by the State Board of Education, and one of such two successors 
 shall be elected for a term of two years, and the other for a term of 
 three years. Successors to the three trustees, whose terms expire in 
 1894, shall be elected by the State Board of Education, one for a term 
 
SCHOOL LAW OF INDIANA. 
 
 203 
 
 70 years, and the other two trustees for terms of three years. Suc- 
 to the five trustees herein provided to be elected by the State 
 Board of Education shall be elected by said State Board of Education, 
 ach trustee so elected to serve for three years: Provided, That trus- 
 tees elected by the Alumni, or the State Board of Education, to fill 
 vacancies caused otherwise than by expiration of terms of service, shall 
 be elected for such unexpired terms only. When vacancies in the Board 
 of Trustees arise from the death, resignation, removal from the State, 
 expiration of term of service, or otherwise, of any of the five trustees, 
 or their successors, herein provided to be elected by the State Board of 
 Education, such vacancies shall be filled by said State Board of Edu- 
 cation. (3) 
 
 4566d. Registry of Alumni. A registry of the name and address 
 of each alumnus of Indiana University residing in the State of Indiana 
 shall be kept by the Librarian of said University, who shall correct such 
 addresses when notified by the Alumni so to do. The Alumni of the 
 University shall be those persons who have been awarded and on whom 
 have been conferred any of the following degrees : Bachelor of Arts 
 (A. B.), Bachelor of Letters (B. L.), Bachelor of Science (B. S.), 
 Bachelor of Philosophy (B. Ph.), Bachelor of Laws (L. L. B.), Master 
 of Arts (A. M.), Master of Science (M. S.), Doctor of Philosophy 
 (Ph. D.). (4) 
 
 4566e. Nomination of Trustees. Any ten or more Alumni may 
 file with the Librarian of the University on or before the first day of 
 April in each year a written nomination for the trustee or trustees to 
 be elected by the Alumni at the next college commencement. Forth- 
 with after such first day of April a list of all such candidates shall be 
 mailed by said Librarian to each alumnus at his address. (5) 
 
 45661*. Annual meeting of Alumni. The annual meeting of the 
 Alumni for the election of trustees shall be held at the university on 
 the Tuesday before the annual commencement day of said university, 
 at the hour of nine o'clock A. M., at which meeting a trustee shall lie 
 elected to serve for three years from tj^e first day of July of such year, 
 and any trustee or trustees which the Alumni may be entitled to elect 
 to complete any unexpired term or terms. (6) 
 
 4566 s:. Method of Voting by Alumni. Each Alumnus resident 
 in the State <!' Indiana may send t<> said Librarian, over his signature, 
 at any time before the meet ing of the Alumni for the election of such 
 trusts or trustees, the vote for such trustee or trustees which he 
 would be entitled to cast if personally present at such meeting, which 
 vote such Librarian shall deliver to such meeting to be opened and 
 
204 
 
 SCHOOL LAW OF INDIANA. 
 
 counted at said election, together with the votes of those who are per- 
 sonally present ; but no person shall have more than one vote. The 
 person or persons having the highest number of votes upon the first 
 ballot shall be declared the trustee or trustees according as there may 
 be one or more than one trustee to be elected : Provided, The votes re- 
 ceived by said person, or by each of said persons, or at least fifty per 
 cent, of all the votes cast. Otherwise the Alumni personally present 
 at such meeting shall, from the two having the highest pluralities, elect 
 a trustee, unless their pluralities shall aggregate less than fifty per cent, 
 of the votes cast, in which case there, shall be included in the number 
 of those to be voted for, so many of those coming after such two high- 
 est in order of pluralities as will bring the aggregate of such pluralities' 
 of those to be voted for to fifty per cent, of the votes cast. (7) 
 
 4566h. Repealing section. 
 
 with this act are hereby repealed. 
 
 All laws and parts of laws in conflict 
 (8) 
 
 [1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.} 
 
 4567- Annual meeting. Said Trustees shall annually meet at the 
 town of Bloomington at least three days preceding the annual commence- 
 ment of the University. (3) 
 
 4568. Quorum Temporary appointments. Five of such trus- 
 tees shall constitute a quorum ; and, in case an emergency is declared 
 by the faculty, after there shall have been a called session at which the 
 other members failed to attend, the trustees residing in the county of 
 Monroe may fill vacancies in the faculty of the university and the 
 Board of Trustees ; and, in case there should not be three trustees in 
 attendance upon such emergency, then those that ^re in attendance, to- 
 gether with such members of the faculty as may be in attendance, *liall: 
 fill such vacancies ; but appointments thus made shall expire at the next 
 meeting of the board. (4) 
 
 4569. Seminary township^ The trustees of said university shall 
 receive the proceeds of the sales and rents of the three reserved sections 
 in the seminary township in Monroe County, and the same shall be paid 
 to the treasurer of said trustees, on their order. (5) 
 
 4570. Interest on loans. The interest arising from loans of the 
 State University fund, as received at the State treasury, shall be paid 
 on the warrants of the Auditor of State ; such warrants to be grafted 
 on allowances made to the persons entitled thereto by the Board of 
 Trustees, and duly certified by their secretary. (6) 
 
Big 
 
 I, 
 
 SCHOOL LAW "F IMUANA. 
 
 Powers. The president, professors ami instruct- 
 be styled "The Faculty" of said university, and shall have 
 power 
 
 First. To .enforce the regulations adopted by the trustees for the 
 government of the students ; to which end they may reward and cen- 
 sure, and may suspend those who continue refractory, until a determi- 
 nation of the Board of Trustees can be had thereon. 
 
 Second. To confer, with the consent of the trustees, such literary 
 decrees as are usually conferred in other universities, and, in testimony 
 thereof, to give suitable diplomas, under the seal of the university and 
 signature of the faculty. (7) 
 
 4572. No religious qualification. No religious qualification shall 
 required for any student, trustee, president, professor or other officer 
 
 of such university, or as a condition for admission to any privilege in 
 the >ame. (8) 
 
 1. Sn I>KM- MIST st BMIT TO RULES. A student is required to submit to 
 any proper rule necessary for the good government of the institution. S'J Ind. 278. 
 I-.XITI.SION. A student can not be expelled for attending a public ball. 
 ::-J M,,. A PI >. ->:;i;. 
 
 3. (Jr.\UFi-A'ii"Ns IOK ADMISSION. The faculty can not make membership 
 <.f a (ireek-lctter fraternity ( r other college secret society a disqualification for 
 admission. S2 Ind. 278. 
 
 1. K \- "K. Students can not be expelled on account of race or 
 
 color. 4S I,,d. 327; 7 Ncv. 842; is Mich. 4oo ; is Cal. 36; 71 111. 383. 
 
 4573. No sectarian tenets. N sectarian tenets shall be incul- 
 cated by any profe.-xT at such university. (9) 
 
 4574. CountY students. The trustees shall provide for the tui- 
 tion, free of charire, of two students from each county in this State, to 
 be selected l>y the Board of County Commissioners. (10) 
 
 .h county may >end two >tudents, free of tuition tV->, to he instructed in 
 the Law I)cpartment. as well a- any other department. Mcl>oiialdr. II. 
 
 7 T.lackf. 5-j:.. 
 
 4575. Notice to counties. The secretary of the hoard shall no- 
 tify the County Auditor <d' each county of the State whenever there 
 shall not Ite in attendance at the university the number of students- 
 which such county is entitled to send free of tuition ; of which such 
 Auditor shall notify the Hoard of Commissioners of such county at its 
 next meeting. (11) 
 
 4576. Treasurer's IMHH!. The treasurer of the university .-hall 
 give bond in a penalty, and with surety to be approved by such board, 
 payable to the State, conditioned for the faithful discharge of his duties ; 
 which bond shall be tiled with the Auditor of State. (12) 
 
206 
 
 SCHOOL LAW OF INDIANA. 
 
 4577. Board of Visitors. The Governor, Lieutenant-Governor, 
 Speaker of the House of Representatives, Judges of the Supreme 
 Court, and Superintendent of Common Schools [State Superintendent 
 of Public Instruction], shall constitute a Board of Visitors of the uni- 
 Tersity, and any three thereof a quorum. (13) 
 
 4578. Visitors not attending, to be reported. In case the 
 members of such Board of Visitors fail to attend the annual commence- 
 ment exercises of the university, the president of the Board of Trus- 
 tees shall report such of them as are absent to the next General Assem- 
 bly, in its annual report. (14) 
 
 4579. Duties of visitors. Such Board of Visitors shall examine 
 tfhe property, the course of study and discipline, and the state of the 
 finances of the university, and recommend such amendments as it may 
 deem proper, the books and accounts of the institution being open to its 
 inspection ; and it shall make^report of its examination to the Governor, 
 to be by him laid before the next General Assembly. (15) 
 
 4580. Duties Of Secretary. The secretary of the Board of Trus- 
 tees shall keep a true record of all the proceedings of said board, and 
 certify copies thereof. He shall also keep an account of the students in 
 Ihe university according to their classes, stating their respective ages 
 and places of residence, and a list of all graduates. (16) 
 
 4581. Duties of Treasurer. The treasurer of said university 
 ehall 
 
 First. Keep true accounts of all money received into the treasury 
 of said university, and of the expenditure thereof. 
 
 Second. Pay out the same on the order of the Board of Trustees, 
 certified by its secretary. 
 
 Third. Collect the tuition fees due the same. 
 
 Fourth. Make semi-annual settlements with the Board of Trustees. 
 
 Fifth. Submit a full statement of the finances of the university, and 
 Trie receipts and payments, at each meeting of the Board of Trustees. 
 
 Sixth. Submit his books and papers to the inspection of the trustees 
 .and visitors. (17) 
 
 4582. Report to State Superintendent. The Board of Trus- 
 tees, its secretary and treasurer, shall report to the Superintendent of 
 Common Schools [State Superintendent of Public Instruction], all mat- 
 ters relating to the university, when by him required. (18) 
 
 4583. Lectures by faculty. One member of the faculty, to be 
 designated by a majority thereof, of which the secretary of the board 
 ,ghall be informed, shall, by himself or competent substitute, deliver a 
 
SCHOOL LAW )F IMHANA. 
 
 '207 
 
 iblic lecture on the principles and organization of the university, its' 
 educational facilities (being careful not to disparage the claims of other 
 institutions of learning in the State), in at least fifteen different coun- 
 t' the State, of which J^e shall give due notice; and in a vacation 
 of less duration than one month, a member of the faculty, to be desig- 
 nated as aforesaid, shall deliver such lecture in at least three different 
 
 mnties ; a brief statement of which lectures shall, by the persons de~ 
 >ring them, be reported to the Board of Trustees, annually, to be by 
 
 lem incorporated in the annual report to the General Assembly ; but 
 no two such lectures shall be delivered in the same county until all the 
 counties of the State have been lectured in. (19) 
 
 4584. Geological examinations and specimens. Such lecturers 
 shall make such geological examinations and collect such mineralogical 
 specimens as they may be able to make and procure; a report whereof 
 they shall make to the Board of Trustees, to be by it incorporated in 
 its annual report to the General Assembly ; and such specimens, together 
 with those they may procure by voluntary donations, they shall deposit, 
 in a suitable room in the university buildings, to be fitted up for that 
 purpose. 
 
 4585. Printing annual report. The Governor of the State shall 
 order the print in.ir, annually, of five thousand copies of the annual 
 
 : of the Hoard of Trustees, twenty-five hundred of which shall be 
 for the use of the members of the General Assembly, and twenty-five 
 hundred for the faculty. (21) 
 
 Thi< report and bhe cataloguefl an- printed l>y the State Commissioners of Pub- 
 lie I'rintin.i;. Art> 1 x >">. p. L'17. -ertioii !'. 
 
 4586. Contents of report. Such report shall contain what is now 
 
 included in the annual catalogue, with such other matters as maybe 
 deemed useful to the cause of education, connected with the univer- 
 sity. (22 
 
 4587. Notice of sessions. The Board of Trustees, through its 
 pre-ident, shall jrive at l-a-t one month's notice of the commencement 
 of each ses-ion of the university, in at least one newspaper in the cities 
 of Indianapolis, Louisville, in the State of Kentucky, and in New 
 
 Orleans, in the State of Louisiana. (23) 
 
 4588. Buildings and repairs. The Board of Trustees shall, annu- 
 ally, appoint a committee of its body to examine the university buildings 
 and grounds adjacent, who shall report the kind and cost of repairs, if 
 any are needed; and one of the members of the faculty shall be ap- 
 pointed to take care of such buildings and grounds. (24) 
 
208 SCHOOL LAW OF INDIANA. 
 
 4589. Normal department. Such trustees shall establish a nor- 
 mal department for instruction in the theory and practice of teaching, 
 free of charge to such young persons, male and female, residents of the 
 State, as may desire to qualify themselves as teachers of common schools, 
 within the State, under such regulations as such Board of Trustees may 
 make in regard to admitting to, kind, and time of delivery of lectures 
 in such department, and the granting of diplomas therein ; and such 
 regulations shall be incorporated in the annual report of the trustees to 
 the General Assembly. (25) 
 
 4590. Agricultural department. Such trustees shall also estab- 
 lish an agricultural department in such university, under proper regu- 
 lations, which shall likewise be set forth in their annual report. (26) 
 
 [1857, p. 130. Approved March 7, 1857, and in force August 24, 1857.] 
 
 4591. Scholarships transferable. All scholarships in the State 
 University, issued for or founded upon subscription moneys paid by 
 individuals toward the construction of the university buildings, or any 
 of them, or the right to use said scholarships for any session or sessions 
 of the college year in said institution, may be transferred or sold by the 
 holders thereof for a valuable consideration. (1) 
 
 [1861 S., p. 89. Approved and in force May 31, 1861.] 
 
 4592. Perpetual scholarships. Thp contingent fee on perpetual 
 scholarships, issued by the trustees of the State University, shall not be 
 more than one dollar per session : Provided, That the trustees are 
 hereby authorized to purchase said scholarships whenever, in their opin- 
 ion, it is for the best interests of the university, at not more than 
 ninety cents to the dollar, by giving notice in some newspaper published 
 in the town of Bloomington, that they are ready to purchase said schol- 
 arships ; and, after the date of such notice, no person shall be entitled 
 to any benefits under the provisions of said scholarships, except to sell 
 the same, as is provided in this act. (1) 
 
 [1861 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] , 
 
 4593. Library. The State Librarian is directed to transfer from 
 the State Library to the Library of the Indiana University a complete 
 set of jurnals of both Houses of the Legislature, a copy of all laws 
 enacted since the organization of the State, and of all reports from the 
 
SCH. M.I. LAW OK INDIANA. 
 
 209 
 
 eral departments of Stati-. and of those received from other States, 
 from the general government, together with all other hooks and 
 oeumeiits of which there are duplicates now in the State Library, or 
 all be hereafter received : 7Von<W, That such books and documents 
 be spared without injury to the State Library, and that such transfer 
 made without expense to the State. (2) 
 
 4594. State Geologist. The State Geologist, while he holds his 
 ce, shall be regarded as a member of the faculty of the university ; 
 and he is hereby directed, in his reconnoisances, to collect duplicate 
 specimens of mineralogy and geology, and to deposit one set of the same 
 in the cabinet of the State University (3) 
 
 [1 R. S. 1852, p. 504, Approved June 17, 1852, and in force May 6, 1853J 
 
 4595. Fund, how derived Loans. The University fund shall 
 nsist of the lands in Monroe and Gibson Counties, and the proceeds of 
 
 sales thereof, and all donations for the use of such university, where 
 the same is expressly mentioned in the grant, or where in such grant the 
 term "University" only is used; the principal of which fund, when 
 paid into the State Treasury, shall be loaned, and the annual interest 
 thereon applied to the current expenses of the university, upon warrants 
 drawn on the Treasurer of State by the Auditor of State, on the requi- 
 sition of the Hoard of Tru>tees, signed by the president and attested by 
 cretary thereof. (28) 
 
 4596. Auditor of State to loan Duty. It shall be the duty of 
 
 the Auditor of State to loan out' such fund upon real estate security. 
 He shall duly inform himself of the value of all real estate offered in 
 pledp-. and shall be judire of the validity of the title thereof; nnd any 
 i) applying for a loan shall produce to said auditor the title-papers 
 to such real estate, showing title in fee-simple, without incumbrance, and 
 not derived through any executor's or administrator's sale, or sale on 
 
 4597. Form of mortirairr. Th mortiiage to be taken may be in 
 
 the following form, in substance: (30) 
 
 /. .1. />'., <>f tin- rnii nl u f - - , in thf Sf'th- ,,f Intlinnii, <l> *.</'// ami /ran,' 
 th, 'i/ nf fiiih'tiiin till [ht-re dc-crih.- the l:m<l], irhirh I </,W,/,v /,, / , t ,,,rf ;/l , ; /l ('; 
 th- iiini,nt nf - f ////*, ii'itti inttmt at the rate o/xeiv/i }T rent, /vr <inmn, pay- 
 
 
 tn (/<> i;,inliti,,nx nf ths >!'/, hn-i-nntn mi- 
 
 4598. Form of note. The note accompanying the same may be, 
 
 in substance, as follows: (31) 
 
 i. L.v\\. 
 
210 
 
 SCHOOL LAW OF INDIANA. 
 
 /, A. B., promise to pay to the State of Indiana, on or before the day of y , 
 
 the sum of , icith interest thereon at the rate of seven per cent, per annum, in 
 
 advance, commencing on the day of . 18 , and do agree that, in case of 
 
 failure to pay any installment of said interest, the said principal shall become due and 
 collectible, together with all arrears of interest; and on any such failure to pay principal 
 or interest when due, Jive percentum damages on the whole sum due shall be collected irith 
 costs, and the premises mortgaged may be forthwith sold by the Auditor of Public Accounts 
 [Auditor of State], for the payment of such principal sum, interest, damages and costs. 
 
 4599. Loans Security. No greater sum than five hundred dol- 
 lars shall be loaned to any one person out of such fund, nor shall the 
 loan be for a longer period than five years ; and the sum loaned shall 
 not exceed one-half of the appraised value of the premises to be mort- 
 gaged, clear of all perishable improvements. The Auditor may reduce- 
 the amount to be loaned on any such valuation, when, for any cause, 
 he may have reason to believe the same was not in proportion to the 
 prices of similar property selling in the vicinity, such valuation to be 
 made from the valuation of the same property in the assessment of the 
 State revenue. (32)' 
 
 4600. Interest. The rate of interest required shall be seven per 
 cent, in advance, payable annually. On failure to pay any installment 
 of interest when due, the principal shall forthwith become due ; and the 
 note and mortgage may be collected. (33) 
 
 This section was not repealed by the general interest law of 1879, fixing the 
 rate at eight per cent. State v. Carr, 111 Ind. 335. 
 
 4601. Priority of mortgage. Such mortgages shall be consid- 
 ered as of record from the date thereof; and shall have priority of all 
 mortgages or conveyances not previously recorded, and of all other liens 
 not previously incurred, in the county where the land lies. (34) 
 
 4602. Recording of mortgage. It shall be the duty of the Auditor 
 to have such mortgages recorded with due diligence, the expense whereof 
 shall be born by the mortgagor, and may be retained out of the money 
 borrowed. (35) 
 
 4603. Certificate as to liens. The person applying for a loan shall 
 file with the Auditor the certificate of the clerk and recorder of the county 
 in which the land lies, showing that there is no conveyance of or incum- 
 brance on said land in either of their offices. (36) 
 
 4604. Abstract of title. Such person shall also, before he receives 
 the money to be loaned, make oath to the truth of an abstract of the title 
 to his said land, and that there is no incumbrance, or better claim, as he 
 believes, upon said land. (37) 
 
SCHOOL LAW OF INDIANA. 
 
 211 
 
 15. Auditor's duty. On making any loan of such fund, the 
 ulitor shall draw his warrant on the Treasurer in favor of the borrower ; 
 and the Treasurer shall pay the same, and charge it to the proper fund. 
 
 lh : 
 
 4606. Payment. All loans refunded, and all interest, shall be paid 
 into the State Treasury ; and the Treasurer's receipt shall be filed with 
 the Auditor of State, who shall give the payer a quietus for Uie amount 
 reof, and make the proper entries upon his books. (39) 
 
 4607. Satisfaction. Whenever the amount due on any mortgage 
 shall be fully paid, and the Treasurer's receipt filed therefor, the Auditor 
 -shall indorse on the note and mortgage that the same has been fully 
 satisfied, and surrender them to the person entitled thereto; and on the 
 production of the same, with such indorsement thereon, the recorder of 
 the proper county shall enter satisfaction upon the record thereof. (40) 
 
 4608. Loans, how collected. When the interest or principal of 
 any such loan shall become due and remain unpaid, the Auditor shall pro- 
 ceed to collect the same by a suit on the note, or by sale of the mortgaged 
 premises, or both, as to him may seem most advisable. He may, also, 
 by proper action, obtain possession of the mortgaged premises. (41) 
 
 4609. Judgment. In case of suit on such note, and judgment 
 thereon, no stay of execution or appraisement of property shall be 
 allowed. (42) 
 
 4610. Notice of sale. On failure to pay any interest or principal, 
 
 when due on any such mortgage, the Auditor shall advertise the mort- 
 gaged property for sale in one or more of the newspapers printed in this 
 sixty -lays such sale to take place at the court house door in 
 Indianapolis. (43) 
 
 A failure to jrive notier, or to not #ive it the required length of time,, renders 
 tin- -all- void. Hrown /. < >_-. -.", Ind. I'.". \. Al>l>n- viations may !>< n-fd in the 
 description. Banaemer v. Mao-. 1* Ind. -J7. 
 
 4611. Sale. At the time appointed for such sale, the Auditor ami 
 Tiva.-uivr ' t' >tate shall attend : and the Auditor shall make sale of so 
 much of the DQ ! pivmi-e-, to the highest bidder, for rash, as will 
 pay the amount due tor principal, inteivst, damages, and costs of adver- 
 tising and selling the same: and such sal-s may bo in parrels, so that the 
 whole amount required he ivali/.e<l. (44) 
 
 1. A <:i\>- for inoi-f than i- dm- i- void. Hn.wn r. < Hrij. S.~> Ind. L'.'M. Tin- 
 auditor may act l>y df|>nty. Han-finer '. Mace, l 1 ^ Ind. 'J7. 
 
 '2. It is not necessary to offer the mortgaged tract in parcels. Bansemer r. 
 Mnee, 18 Ind. '27. 
 
212 
 
 SCHOOL LAW OF INDIANA. 
 
 4612. When Auditor to buy Re-sale. In case no one will bid 
 the full amount due as aforesaid, the Auditor shall bid in the same, on 
 account of the proper fund ; and as soon thereafter as may be, he shall 
 sell the same to the highest bidder for cash, or on a credit of five years, 
 interest being payable annually in advance. (45) 
 
 4613. Limit of bid Overplus. The sale authorized in the pre- 
 ceding section shall not be for less than the amount chargeable on such 
 land ; but if for more, the overplus shall be paid to the mortgagor, his 
 heirs or assigns. (46) 
 
 4614. Statement of sale. The Treasurer shall attend and make 
 a statement of such sales, which shall be signed by the Auditor and 
 Treasurer, and, after being duly recorded in the Auditor's office, shall 
 be filed in the Treasurer's office; and such record, or a copy thereof, 
 authenticated by the Auditor's or Treasurer's certificate, shall be re- 
 ceived as evidence of the matters therein contained. (47) 
 
 4615. Title in State, without deed. When any land is bid in 
 by the State at such sale, no deed need be made therefor to the State ; 
 but the statement of such sale, and the record thereof made, as in the 
 preceding section required, shall vest the title in the State, for the use 
 of the fund. (48) 
 
 4616. Sale for Cash Certificate. 'In case of a sale of any such 
 land to any person for cash, on the production of the Treasurer's re- 
 ceipt for the purchase money, the Auditor shall give to the purchaser 
 a certificate, which shall entitle him to a deed for said land, to be exe- 
 cuted by the Governor of this State and recorded in the office of the 
 Secretary of State. (49) 
 
 4617. Sale on Credit. In like manner, when any tract bid in by 
 the State is sold on a credit, on the execution and delivery of a note 
 and mortgage for the proper amount, as in other cases required, the 
 purchaser shall be entitled to a deed for the same, to be made as pre- 
 scribed in the preceding section ; and the transaction shall be entered, 
 and appear upon the Auditor's and Treasurer's books as a payment of 
 the sum bid, and a re-loan of the same to the purchaser, and the proper 
 receipts and warrants shall pass therefor. (50) 
 
 4618. Fees and damages. For the services of the Auditor and 
 Treasurer in conducting such sales, they shall be entitled to receive five 
 per cent damages, chargeable on such sales. (51) 
 
 4619. Accounts Reports. The Auditor and Treasurer shall keep 
 fair and regular entries of the sums received and paid out on account 
 of said fund, and shall include the same in their annual reports. (52) 
 
214 
 
 SCHOOL LAW OF INDIANA. 
 
 4626. Commissioners' duty. Money collected by such commis- 
 sioners shall be paid over to the treasurer of the board, who shall exe- 
 cute to such commissioners two receipts therefor, each specifying the 
 persons from whom such money was collected, and the amount thereof, 
 whether for interest or principal ; one of which receipts shall be imme- 
 diately forwarded to the Auditor of State, to be by him used in his set- 
 tlement with such treasurer. (59) 
 
 4627. Pay of Commissioners. 
 
 compensation of such commissioners. 
 
 Such board shall regulate the 
 (60) 
 
 4628. Patents, and recording. Patents for land sold shall be 
 made by the Governor, and recorded in the office of the Secretary of 
 State. (61) 
 
 [1855, p. 201. Approved and in force March 3, 1855.] 
 
 4629. Pay for managing fund. The Auditor of State and the 
 Treasurer of State, for the management of the university fund, shall be, 
 jointly, entitled to receive five per centum upon the interest paid in on 
 euch fund ; and it shall not be lawful for them, or either of them, to 
 make any other charges against the same. (7) 
 
 4630. Extension of payments. The time for the final payments 
 to be made by the holders of original certificates for the purchase of 
 lands reserved and granted to the State University of Indiana, in the 
 case of all such certificates as have heretofore been issued and are now 
 outstanding, shall be extended for the further term of three years from 
 the time when the same may, respectively, fall due. (8) 
 
 4631. Forfeiture, how prevented. Any and all holders of such 
 certificates, as aforesaid, who have forfeited such lands by the non-pay- 
 ment of interest on the purchase-money, shall be exempted and released 
 from such forfeiture by paying, to the commissioners of such lands, on 
 or before the first day of August, in the year 1855, all interest due on 
 the same, together with the interest upon the amount due at the time of 
 euch forfeiture up to the time of said payment ; and upon such payment 
 being made, in the manner, and within the time herein specified, the 
 holder of such certificate shall have the same rights under it as if such 
 forfeiture had never occurred. (9) 
 
 4632. Forfeited lands. If any portion of said lands now forfeited 
 shall not have been redeemed on said first day of August next, as pro- 
 vided in the preceding section, it shall be the duty of the commissioners 
 of such reserved lands to sell the same for the best price they can obtain, 
 
LAW iF IM>1,\.\.\. 215 
 
 than the original purchase price, allowing the purchaser a credit 
 e same as now provided l>y law. If any of such lands shall here- 
 be forfeited, it shall be the duty of such commissioners, if the 
 be not redeemed within six months from the time of such for- 
 eiture, to sell the same on the terms in this section above provided. 
 "..r their services in effecting such sales, the commissioners shall be 
 ntitled to retain, out of the first money received from the purchasers, 
 ive per cent, upon the amount of the purchase price of such lands. 
 
 4633 
 
 [1859, p. 234. Approved and in force March 2, 1859.] 
 
 i 
 
 Appraisement of lands. The Board of Trustees of the 
 Indiana University shall cause to be appraised the land granted by the 
 Tinted States to the State of Indiana for the use of the said university. 
 (1) 
 
 4634. Where filed and recorded. It shall be the duty of the 
 
 said trustee-, when the said appraisement shall have been made, to record 
 the same upon their bonks, and to file a copy of the same in the office of 
 tin Auditor of i^tate, to be, by said Auditor, recorded in his office; and, 
 also. to tilt- copies of Mich appraisements of the lands in the respective 
 counties in the office of the auditor of the county where the lands are 
 situate, to he by said County Auditor recorded. (2) 
 
 4635. Duty of< oimty Auditors. The Auditor of each of the said 
 counties shall, upon said appraisements being filed as aforesaid, and 
 when required BO to do by the said Board of Trustees, offer for sale so- 
 much of tin- said lands as may he within their respective counties at 
 public auction, in the manner hereinafter mentioned. (3) 
 
 4636. Notice of sale. Notice of the time, place, and conditions of 
 
 such sale shall he iriven by publication, for four weeks successively in a 
 ;.uper published in such county, if any there be; if not, in a news- 
 paper in this State published nearest thereto, and also by posting up 
 written or printed notices thereof in three of the most public places in 
 the township in which the lands are situated, and a like notice at the 
 court house door at the county seat. (4) 
 
 4637. Sale. The place of sale for said lands shall be at the court 
 house in each county of this State in which the said lands may lie situ- 
 ated ; and it shall l>e the duty of the County Auditor to attend at the 
 court house of his county at the time mentioned in the notice of the sale 
 of said lands, and offer for sale at public auction, in legal subdivisions, 
 and as near as practicable in half-quarter sections, all the lands lying 
 
 
21(5 
 
 SCHOOL LAW OF INDIANA. 
 
 within his county ; and, for that purpose, he shall continue the sale from 
 day to day, until all of the said lands shall have been offered for sale. 
 
 (5) 
 
 4638. Terms of sale. The said lands shall be offered for sale at the 
 time and place mentioned in such publication, and struck off to the 
 highest bidder by said County Auditor and County Treasurer, for a price 
 not less than the appraised value thereof one-fourth of the purchase 
 money to be paid in hand, and the remaining three-fourths at the expira- 
 tion of ten years from the date of such sale, with interest annually in 
 advance, at the rate of seven per cent, per annum, upon the residue or 
 deferred payment. (6) 
 
 4639. Private entry. When any of said lands, offered at public 
 sale as aforesaid, shall remain unsold, they shall be subject to private 
 entry with the County Auditor and County Treasurer of each county, 
 upon the same terms and conditions as lands sold at public auction, for 
 a sum not less than the appraised value thereof, by any person applying 
 to enter the same. (7) 
 
 4640. Certificate Of purchase. When any sale shall be effected, 
 either at public or private sale as aforesaid, the County Auditor shall 
 give to the purchaser thereof a certificate, signed by him officially, bearing 
 date on the day of sale, stating therein the name of the purchaser, the 
 tract or tracts of land purchased by him, the number of acres contained 
 in said tract or tracts, the price per acre, and the whole sum for which 
 the same was sold, the amount of principal paid, and the amount of 
 interest paid in advance. (8) 
 
 4641. Certificate to be registered. Said certificate shall be 
 registered by the County Auditor in a book provided for that purpose, 
 by entering in said book a correct copy thereof. (9) 
 
 4642. Certificate assignable. Said certificates of entry shall be 
 evidence 'of title to the land therein mentioned in the persons in whose 
 names they shall issue, or their assigns, and shall be assignable, provided 
 guch assignments be acknowledged before the Auditor of the county 
 wherein the land is situated (who is hereby authorized to take such 
 acknowledgments), and recorded by said Auditor in a book to be kept 
 by him for that purpose ; for which service the said Auditor shall be 
 entitled to receive a fee of fifty cents, to be paid by the assignor of such 
 certificate. (10) 
 
 4643. Forfeiture. On failure of any purchaser to pay any install- 
 ment of interest on said deferred payment of purchase money when the 
 

 J.AW or INDIANA. '217 
 
 e becomes due, the contract shall become forfeited, and tlie land 
 <hall immediately revert to the State for the use of said university, and 
 the County Auditor shall forthwith proceed to sell the same iu the man- 
 ner and on the terms hereinbefore specified for said public sales. (11) 
 
 4044. Surplus. If, on such subsequent sale, such lands shall pro- 
 duce more than is sufficient to pay the sum owing therefor, with int 
 and costs, and five per cent, damages upon the amount due on such 
 lands, the surplus shall, when collected, be paid over to the purchaser 
 so forfeiting or his legal representative. (12) 
 
 45. Forfeiture, how prevented. At any time before such sub- 
 ent sale, payment of the sum due, with interest for the delay, and 
 all costs, together with two per cent, damages upon the amount due on 
 such lands, shall prevent such sale and revive the original contract. (13) 
 
 4646. Land, how redeemed. The former owner of any lands- 
 
 Isold as delinquent, his heirs, executors, or administrators, may, at any 
 time within one year after such re-sale, redeem the same, by paying to* 
 the purchaser, his heirs or assigns, or to the County Treasurer, for him 
 or them, the amount of purchase money paid by such purchaser, to- 
 gether with all subsequent payments, either of principal or interest, 
 which such purchaser, or those claiming under him, may have rnade- 
 thereon, with interest at the rate of ten per cent, per annum. (14) 
 4647. Security. The Board of Trustees may require security 
 from the purchaser at any of said sales, sufficient to prevent any waste 
 being committed upon the lands by the removal of timber therefrom, or 
 otherwise. (15) 
 
 4648. Suit for waste. In case of any forfeiture as aforesaid, the 
 purchaser so forfeiting shall be liable, and may be sued, for unnecessary 
 injury or waste done to such land, and damages to double the amount 
 of such injury <>r waste recovered therefor such suit to be begun and 
 
 prosecuted by the auditor of the county where the land lies, in the 
 name of the State of Indiana, for the use of the said university. (Hi) 
 
 4649. Patent, Oil full payment. On full payment being made 
 for any such land the County Auditor shall issiu- to the purchaser, or 
 
 I his assignee, a final certiticate therefor; which, upon presentation to 
 the Auditor of State, shall entitle the owner thereof to a patent for the 
 land described therein, to be issued by the Governor and recorded in 
 the office of the Secretary of State. (17) 
 , 
 
 By an act of 1889 the trusti-i-> \vcn- authorized to >i-l\ certain lands in Ring- 
 gold County, low::, o\vm-d l>y ilu- univ. r-;ty. and to execute a deed therefor. Acts- 
 1889, p. L' 
 
218 SCHOOL LAW OF INDIANA. 
 
 4650. Auditor's report. The County Auditor shall make, on the 
 first Monday of each mouth, a report of his sales of said lands to the 
 secretary of the Board of Trustees and to the Auditor of State, show- 
 ing the date of sale, the description of the lands sold from time to time, 
 the number of acres, the price per acre, the total amount each tract 
 sold for, the amount of principal paid and the amount of interest paid, 
 and of all forfeitures, re-sales, and redemptions thereof. (18) 
 
 4651. Treasurer's report. The County Treasurer shall make a 
 report, on the first Monday of each month, to the treasurer of the 
 Board of Trustees of the university and to the Treasurer of State, of 
 all moneys received by him, whether principal or interest, on account 
 of such lands ; and the said Board of Trustees shall require the books 
 of their secretary and treasurer to be so kept as to exhibit the true con- 
 dition of the accounts of all such purchases and sales of the said lands. 
 (19) 
 
 4652. To pay money to State Treasurer. The County Treas- 
 urer shall, on the first Monday of each month, pay over to the Treasurer 
 of State all sums received on account of the principal of the purchase 
 money of said lands, and shall pay to the treasurer of the Board of 
 Trustees of the university all sums received on account of the interest 
 upon the purchase money of the said lands. (20) 
 
 4653. Pay of Auditor and Treasurer. The several County 
 Auditors and Treasurers shall receive for their services the same com- 
 pensation which may, from time to time, be allowed by law for similar 
 services in relation to the sale of common school lands, which shall be 
 in full for all their services required by this act. (21) 
 
 4654. Loans. The Auditor of State shall loan out the said prin- 
 cipal of the moneys received from the several County Treasurers on 
 .account of said sales, in the same manner, and requiring the same se- 
 curity, as other portions of the university fund is now or may hereafter 
 be required by law to be loaned out, and shall pay over to the treasurer 
 of the Board of Trustees the interest derived from said principal, as a 
 part of the income of the university. The said Auditor of State shall, 
 in his annual report to the Legislature, report the names of the bor- 
 rowers of the whole of the university fund, the amount borrowed by 
 each, and the total amount on loan at the date thereof, and the amount 
 of the suspended debt, if any, and in whose name forfeited. (22) 
 
 4655. Disposition of proceeds. Of the first proceeds of said 
 sum, the said Board of Trustees shall be entitled to receive an amount 
 equal to the amount of interest belonging to the university and loaned 
 
LAW oK IMilAN \. 
 
 219 
 
 principal by the Auditor of State, as shown by the report of that 
 fficer to the General Assembly at the session of 1*51-2; which shall 
 >e paid to the treasurer of tin- Hoard of Trustees of the university, 
 md be applied, under the order of the Board of Trustees, t<. the dis- 
 charge of the debts growing out of the rebuilding of the university, and 
 ,o the purchase of a suitable library, philosophical apparatus therefor, 
 >r proper furniture, in place of those destroyed by the burning of the- 
 miversity. (23) 
 
 4656. Report of sales. The Board of Trusees shall, in their 
 innual report, include a full statement of the amount of the sales of 
 such lands, -and the application of the funds received therefor, as 
 reported to them, from time to time. (24) 
 
 4657. One Trustee to attend sales. One member of the Board 
 of Trustees, to be designated by the board, shall attend to the public- 
 sales of the said lands, to prevent combinations injurious to the interests 
 of the university ; and he shall have power to withdraw the said lands, 
 or any portion thereof, from sale, when, in his judgment, the interests 
 of the university would be thereby promoted, and shall have the power 
 and right to designate and determine in what sub-divisions any of the 
 said lands may be sold, at the time of said public sale, for the best 
 interests of the said university. (25) 
 
 4658. No member to deal in the lands. Xo member of the Board 
 of Trustees of the university shall, either directly or indirectly, become 
 the purchaser of any such lands at any sale made by the County 
 Auditor, or by private entry with the Auditor, after any forfeiture of 
 purchase ; and any sale made to any member of the said board, contrary 
 to the provisions of this section, shall be absolutely void, and the pur- 
 chase-money, and interest which may have been paid thereon, shall be 
 forfeited to the university fund. (26) 
 
 4659. Trust ITS to irrt information. The commissioners of the 
 
 university lands in<Jibsui and Monroe counties, and the several County 
 Auditors and Treasurers <>t' the countie.- in which any of the university 
 lands are .-ituated shall furnish such information in relatin to the hinds 
 and other property of the university, as may, from time to time, be 
 required of them by the said Hoard of Trustees, and shall, report, annu- 
 ally, the amount of unpaid purchase-money due on the lands sold for the 
 uee of the said university, in each of their counties. (27) 
 
220 
 
 SCHOOL LAW OF INDIANA. 
 
 [1867, p. 20. Approved and in force March 8, 1867.] 
 
 4660. Annual appropriation. There shall be appropriated, out 
 of the State Treasury, the sum of eight thousand dollars, annually, 
 hereafter, to be paid semi-annually, commencing on the thirty-first day 
 of March, 1867. The same shall be paid out of said treasury, upon the 
 warrants of the Auditor of said State, as the interest upon said univer- 
 sity fund is now paid out. (1) 
 
 [1873, p. 17. Approved and in force February 19, 1873.] 
 
 "4661. Annual appropriation. There shall be appropriated, out 
 of the State Treasury, fifteen thousand dollars, annually, hereafter, for 
 the use of said Indiana University, additional to the amount appro- 
 priated therefor, by the act of March 8, 1867, to be paid semi-annually, 
 commencing on the thirtieth day of September, 1872. The money 
 hereby appropriated shall be paid out of said treasury, upon the war- 
 rants of the Auditor of State, as the interest upon the said university 
 fund is now paid out. (1) 
 
 PURDUE UNIVERSITY. 
 
 [1865, p. 106. Approved and in force March 6, 1865.] 
 
 4662. Agricultural college scrip. The State of Indiana accepts 
 .and claims the benefits of the provisions of the acts of Congress, 
 -approved July 2, 1862, and April 14, 1864, and assents to all the con- 
 ditions and provisions in said acts contained. (1) 
 
 1. The acts of Congress referred to in this section will be found in the acts 
 of 1865, (p. 106), set out at length in the preamble. 
 
 4663. The first Trustees, and original name. The Governor 
 of this State, for the time being, and Alfred Pollard of Gibson, Smith 
 Vawter of Jennings, Henry Taylor of Tippecanoe, and Lewis Burk of 
 Wayne, and their successors, are created a body corporate, under the 
 name of ''The Trustees of the Indiana Agricultural College." (2) 
 
 4664. Sale and investment of scrip. Said trustees shall, by the 
 hand of their treasurer, claim and receive from the Secretary of the 
 Interior the land scrip to which this State is entitled by the provisions 
 of said acts of Congress ; and, under their direction, said treasurer shall 
 sell the same, in such manner and at such times as shall be most advan- 
 tageous to the State, and shall invest the proceeds thereof, and any inter- 
 est that may accrue thereon, in the stocks of the United States, or of 
 

 ].\\\ oF IMHANA. '2'2\ 
 
 .his Sun,-, yielding not less than five per centum per annum, upon the 
 MT value of the Stocks ; and -aid principal ami interest shall continue 
 [O be HI invented, until further provision -hall he male hy the General 
 ;lly of this State for fulfilling the requirements of said act- of 
 (5) 
 
 
 [1869 8., P. -4. Approved and in fon-e M.-iy i. 1869.] 
 
 4665. Donations accepted. The donation offered by John Pur- 
 due, as set forth and communicated to the present General Assembly in 
 the meaire of the Governor, on the sixteenth day of April, 1869, and 
 the donations offered by the county of Tippecanoe, the trustees of the 
 Battle-Ground Institute, and the trustees of the Battle-Ground Institute 
 of the Methodist Kpiscopal Church, as set forth and communicated to 
 the General Assembly, at its last session, in the message of the Gov- 
 ernor, of the twenty-seventh day of January, 1869, are hereby accepted 
 by the State of Indiana. (1) 
 
 4666. Location. The college contemplated and provided by the 
 act of Congress, approved July 2, 1862, entitled "An act donating pub- 
 lic lands to the several States and Territories which may provide Col- 
 tor the benefit of Agriculture and the Mechanic Arts," is hereby 
 
 located in Tippecanoe County, at such point as may be determined be- 
 fore the rir>t day of January, 1870, by a majority vote of the trustees 
 of the Indiana Agricultural College; and the faith of the State is 
 hereby pledged that the location so made shall be permanent. (2) 
 
 4667. Purdue I niversity Permanent name. In consideration 
 of said donation by John Purdue, amounting to one hundred and fifty 
 thousand dollars, and of the further donation of one hundred acres of 
 land appurtenant to the institution, and on condition that the same be 
 made effectual, the said institution, from and after the date of its loca- 
 tion a.- afore-aid, shall have the name and style of "Purdue Univer- 
 sity" : and the faith of the State is hereby pied-red that said name and 
 style shall be the permanent designation of said institution, without ad- 
 dition thereto or modification thereof. (3) 
 
 46H8. Corporate name Powers and duties of Trustees. From 
 and after the date of the location made as aforesaid, the corporate name 
 of the trustees of the Indiana Agricultural College shall be "The 
 Trustees of Purdue University" ; and they shall take in charge, have, 
 hold. pn>sess, and manage, all and singular, the property and moneys 
 comprehended in -aid donations, as also the fund derived from the sale 
 of the land scrip donated under said acts of Congress, and the increase 
 
222 
 
 SCHOOL LAW OF INDIANA. 
 
 thereof, and all moneys or other property which may hereafter at any 
 time be donated to and for the use of said institution. They shall also* 
 have power to organize said university in conformity with the purposes 
 set forth in said acts of Congress, holding their meetings at such times- 
 and places as they may agree on, a majority of their number constitut^ 
 ing a quorum. They shall provide a seal ; have power to elect all pro- 
 fessors and teachers, removable at their pleasure ; fix and regulate com- 
 pensations ; do all acts necessary and expedient to put and keep said 
 university in operation ; and make all by-laws, rules, and regulations 
 required or proper to conduct and manage the same. (4) 
 
 1. STUDENTS MUST SUBMIT TO RULES. A student is required to submit to 
 any proper rule necessary for the good government of the institution. 82 Ind, 
 278. 
 
 2. EXPULSION. A student can not be expelled for attending a public ball.. 
 32 Mo. App. 536. 
 
 3. QUALIFICATIONS FOR ADMISSION. The faculty can not make membership 
 of a Greek-letter fraternity or other college secret society a disqualification for 
 admission. 82 Ind. 278. 
 
 4. RACE OR COLOR. Students can not be expelled on account of race or 
 color. 48 Ind. 327; 7 Nev. 342; 18 Mich. 400; 48 Cal. 36; 71 111. 383. 
 
 [Approved and in force February 17, 1893.] 
 
 4 468 a. The trustees of Purdue University are hereby empowered 
 to dedicate for a public street, adjoining the town of West Lafayette,. 
 Indiana, a strip of land thirty feet in width, and described as follows i. 
 beginning at the southeast corner of the lands owned by said university,, 
 and running thence north along the east side of said university lands to- 
 the State road, a distance of about thirteen hundred and fifty feet. (1)> 
 
 4468b. That the trustees of Purdue University are hereby empow- 
 ered to dedicate for public streets such strips of lands extending through 
 or along the grounds owned by said university as they may deem for the 
 best interest of said university. (2) 
 
 4468c. An emergency exists for the immediate taking effect of this; 
 act, it shall be in force from and after its passage. (3) 
 
 4469. Privileges of John Purdue. In further consideration of 
 his said donation, John Purdue shall, from and after the taking effect of 
 this act, be added as a member of said trustees of the Indiana Agricul- 
 tural College, and he shall also be a member of said trustees of Purdue 
 University Should he, at any time, cease to be such member, he shall 
 be continued as an advisory member of said trustees ; and he shall,, 
 during his lifetime, have visitorial power, for the purpose of inspecting 
 
SCII "ul, I.\\V i.r INDIANA. 
 
 223 
 
 property, real ami personal, of said university, recommending to the 
 trustees Mich measures as lie may deem neces-ary tor the irood of the 
 university, ami investigating: the financial coin-ecus of the corporation. 
 Ami he is authori/ed to make report of his examination, inspection, and 
 intjiiiries, to the (n-iu-ral Assembly, at any session thereof. 
 
 4670. Amendment or repeal. Thi> act shall be subject to future. 
 amendment or repeal, except BO far as it provides for the acceptance of 
 donations, the location of the college, the name and style thereof, and 
 the rights and privileges conferred upon John Purdue. (6) 
 
 [1875, p. 120. Approved Mim-h '.. ls~ r >, and in force August 24, 1875.] 
 
 4671. Appointment of Trustees. Upon the taking effect of this 
 act, it shall he the duty of the Governor of this State to appoint six 
 trustees for the Purdue University, two of whom shall be nominated by 
 the State Hoard of Agriculture, one by the State Board of Horticulture, 
 and three selected by the Governor himself each of said trustees to be 
 appointed from a different congressional district from the others, except 
 that two may be appointed from the same congressional district in which 
 said university is situate. (1) 
 
 4672. Term of office. The persons so appointed shall constitute 
 the Board of Trustees of said university, and shall hold their offices as 
 follows : Two members of the first board shall hold their offices for one 
 year and until their successors are appointed ; two for two years, and two 
 for three year-: and at the expiration of the term of office of any of the 
 member- of the first or any subsequent board, their successors shall be 
 appointed in like manner, and with like nomination, as provided in this 
 act, to hold their offices for the term of three years, and until their suc- 
 cessors are appointed. - 
 
 4673. Vacancies, liow filled. If, from any cause, a vacancy occur 
 in said board, the same shall be filled, by appointment, to fill the unex- 
 pired term, the person appointed to till stieh vacancy being nominated 
 and 'appointed, or appointed, in the same manner as his predecessor had 
 
 n at the commencement of such term. 
 
 [1391, p. M. Approved and in force February '26, 1891.] 
 
 4674. Officers Treasurers' bond and duties. Said trustees 
 phall, at their tirst meeting after their appointment, and every two years 
 thereafter, choose a president of -aid board : and they shall, at such 
 meeting, and every two years thereafter, and whenever a vacancy 
 
224 SCHOOL LAW OF INDIANA. 
 
 occurs, elect, by ballot, a secretary ami treasurer, neither of whom shall 
 be a member of the board whose compensation shall be fixed bv the 
 trustees. The said treasurer shall give such bond to the State of Indiana, 
 in any sum not less than fifty thousand dollars, for the faithful execution 
 of his trust, with sufficient sureties as said trustees may require ; and he 
 shall receive, take charge of, and, under the direction of said trustees,, 
 manage all [the] stocks and funds belonging to said university. (4). 
 
 (1877, S. p. 60. Approved and in force March 12, 1877.] 
 
 4675. County Students. The Board of Commissioners of each 
 county in this State may appoint, in such manner as it may choose, two 
 students, or scholars, to Purdue University, who shall be entitled to 
 enter, remain, and receive instruction in the same, upon the same con- 
 ditions, qualifications and regulations prescribed for other applicants for 
 admission to, or scholars in, said university : Provided, hoivever, That 
 every student admitted to said university by appointment, by virtue of 
 this act, shall in nowise be chargeable for room, light, heat, water, 
 tuition, janitor or matriculation fees ; and said student shall be entitled, 
 in the order of admittance, to any room in the university then vacant 
 and designed for the habitation or occupancy of a student ; and such 
 student so admitted shall have prior right to any such room, subject to 
 the rules of the university, over any student not appointed and admitted 
 as aforesaid. (1) 
 
 4676. Students. No more than two students at the same time 
 from any one county shall be entitled to admittance to said university, 
 under the provisions of this act. But the Board of Commissioners of 
 each county may, from time to time, appoint, as aforesaid, to any va- 
 cancy in its appointments. (2) 
 
 [1881 S., p. 586. Approved and in force April 14, 1881.] 
 
 4677. Investment of fund. The trustees of Purdue University, 
 by their treasurer, are hereby authorized, on or after the first day of ' 
 April, 1881, to surrender to the Treasurer of State the bond executed 
 to said university by the State of Indiana, bearing date April 1, 1878, 
 and payable, in the sum of two hundred thousand dollars, on April 1, 
 1881 ; and a like bond executed by the State to said university, dated 
 April 1, 1879, and payable, in the sum of one hundred and twenty-five 
 thousand dollars, on April 1, 1884; and also to pay, out of the proceeds 
 of the United States five per cent, bonds now held by said university 
 (which said trustees are hereby empowered to sell), the sum of fifteen 
 thousand dollars to said Treasurer of State ; who, thereupon, is hereby 
 

 
 LAW (.I- INDIANA. 
 
 tcil to issue and deliver to -aid treasurer of Purdue University a 
 ion-negotiable hnd of the State of Indiana, to lie signed by the<ov- 
 rnor and State Trca.-urcr, and attested l>y the Secretary of State and 
 .he State seal 'tlie same to he dated April 1, 1**!, and payable, twenty 
 
 after its date, to the trustees of Purdue University and their 
 .essors. \vitli interest at the rate of five per cent, per annum, payable 
 quarterly after date of the hond), all for the use of Purdue University 
 said bonds sum -ndered, and fifteen thousand dollars paid, constitut- 
 inir the endowment fund of said university derived from the gift of the 
 Tinted States (1) 
 
 [1889, i>. 351. Approved and in force March 9, 188P.J 
 
 I 
 
 4t>77a. Gift to establish Institute of Technology. Whenever 
 
 any individual or individuals shall give, donate or bequeath a sum of 
 money or other valuable property for the purpose of establishing an In- 
 stitute of Technology or other special <chools in connection with Purdue 
 University in and on the grounds of said university, the trustees of said 
 university are hereby authorized and empowered to accept such dona- 
 tion, gift or bequest for and on behalf of the State of Indiana for such 
 institute on such terms as may be agreed upon by and between such 
 trustees and said donor or donors or devisior [devi-or] ; and the said 
 trustee.- are hereby authorized to establish, maintain and operate such 
 an institute in connection with Purdue University: /VonVfc/, That such 
 Institute of Technology shall be freely open to students upon the same 
 term.- upon which Purdue University is open to students. And, pro- 
 riihil. That nothing in this act shall enable or authorize said tru.-tees to 
 make any contract with said donor or donors by which any debts shall 
 be created beyond or above current legislative appropriations to the 
 university. An*l, provided further. That the terms upon which such do- 
 nation- are receiud and accepted shall not be effective unlc.-s the same 
 are endorsed and approved by the (Governor of the State of Indiana. 
 
 I [1889, P. -2~:\. Approved M.-.n-h ('. !**., and in foroa M;.-. 
 
 46771>. Farmers" Institutes. It is hereby made the duty of the 
 Committee of Kxperimental Agriculture and Horticulture of the Hoard 
 of Trustees, together with the faculty of the School of Agriculture of 
 Purdue University, to appoint, before November 1-t of each vear, suit- 
 able pM-son> to hold in the several counties of thi.- State, between the 
 1st day of November and the 1-t day of April of each year, county 
 institutes for the purpose of giving to farmers and others int. 
 therein instruction* in agriculture, horticulture, agricultural chemi.-try 
 and economic eiitom,,! 
 
 1") S< IloMl. I.AW. 
 
 ' 
 
226 
 
 SCHOOL LAW OF INDIANA. 
 
 4677c. Time and place of holding Institutes. Such institutes 
 shall be held at such times and places as said committee and faculty may 
 determine, and under such rules, regulations and methods of instruction 
 as they may prescribe : Provided, however, That such institutes shall be 
 eo conducted as to give those attending the results of the latest investi- 
 gations in theoretical and practical agriculture and horticulture. (2) 
 
 4677d. Appropriation. For the purpose of carrying out the pro- 
 visions of this act, paying the salaries of instructors and other necessary 
 expenses, the sum of five thousand dollars is hereby appropriated, to be 
 expended under the direction of the said committee of said Board of 
 Trustees, and they shall annually report such expenditures and the pur- 
 poses thereof to the Governor. (3) 
 
 [1891, p. 483. Approved and in force March 7, 1891.] 
 
 4ft 7 7e. Acceptance of United States grant. Whereas, an act 
 of Congress, approved August 30, 1891, entitled an act to apply a por- 
 tion of the proceeds of the public lands to the more complete endow- 
 ment and support of the colleges for the benefit of agriculture and the 
 mechanic arts, established under the provisions of an act of Congress, 
 approved July 2, 1862, provides, among other things, that the grants 
 of moneys, authorized by this act, are made subject to the legislative as- 
 eent of the several States and Territories to the purpose of said grants : 
 Provided, That the payments of such installments of the appropriation 
 herein made, as shall become due to any State before the adjournment 
 of the regular session of the Legislature meeting next after the passage 
 of this act, shall be made upon the assent of the Governor thereof, duly 
 certified to the Secretary of the Treasury ; therefore, 
 
 Be it resolved by the State of Indiana,, That the legislative assent be, and 
 the same is hereby, given to the purpose of said grant, and Purdue 
 University is hereby designated as the agricultural college entitled to 
 the said grant. 
 
 SCHOOL BOOKS. 
 
 [1889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 
 
 442 lb. State Board of Education a Board of School Book Com- 
 missioners. The State Board of Education shall constitute a Board of 
 Commissioners for the purpose of making a selection, or procuring the 
 compilation for use in the common schools of the State of Indiana, of a 
 series of text books in the following branches of study, namely : Spelling, 
 

 SCHOOL LAW OF INIMA.NA. 
 
 fr naple 
 
 
 
 . arithmetic, geography. KiiLflish grammar, physiology, history .f 
 t le United States, and a graded series f writing books. The matter 
 ntained in the readers shall consist <>t' lesson* commencing with the 
 lest expression of the language, and by a regular gradation, advancing 
 d including the highest style of composition both in poetrv and 
 rose: /Vor/VW, That none of said text-hooks shall contain anything of 
 ; partisan or sectarian character : Ami. ';'//////./, That the fon>- 
 
 : )ii)L r hooks shall he at least e<jual in <V/A' ami (jiiality as to matter, 
 laterial, style of binding and mechanical execution, to the following 
 
 i xt-book- no\v in L'eneral use, namely: The speller to McCJulfev's 
 pelling-book. the reader to Appleton's Readers, the arithmetic to Kav's 
 ew A.rithmetic Series, the geographies to the Eclectic Series of Geog- 
 aphies. the grammar to Harvey'- (Jrammar, the physiology to Dalton's 
 'hy^iology, the history of the I'nited States to Thalheimer's History of 
 lie I'nited States, and the writing-books equal to the Eclectic Copy- 
 >ooks. (1) 
 
 1. CONSTITI-TIONAL. This act i- const i tii t i(n;t 1. 1 1 is iK.i void on the ground 
 hat Li I monopoly, m.r on the ground tliat it confers n -pt-cial privilege, 
 
 ^tate v. Hawcrth. 1_> In.l. 4)L. 
 
 -. ('HOI i: of P.OMK*. The Legislature has the power to require a designated 
 
 eries of lioi>k> to In- n<nl in the }ml)lic st-liMul-, ;ni<i t. ;-r<iuir(.- that the books 
 rlrrU'<l -hull tc ol.taint-il 1>\ tlu- -cljool olIietTs from the prr>on to whom tlie c-on- 
 racM for siipplyinj; tlu-ni may lu- awunlcd. It may not only pn-.-rilK' n-nulations 
 'or u>in; tin- lio->I<> lcsi^nati-d. Inn ii m;iy ;il>o rk-rliirt- h->\v the hooks shall he 
 htained and distributed. Suite r. Ilawnrth, 1'JL' l:id. 
 
 I-LATIVI: N"T .In.K IAI.. Tlu- adcptiMn <!' ti-xt-lxioks is legislative 
 ind not judicial. < t-rtiorari \\.is refused <n this ground. ">4 Cal. .'J7". 
 
 4421c. Ad vert is<> for bids. The said Board of Commissioners shall, 
 
 immediat'-'y upon the taking eii'ect of this act. advertise for twenty-one 
 
 Ionsrcutive days in two daily papers published in this State, having the 
 Si circulation, and in one newspaper of general circulation in the 
 ities of New York, Philadelphia, Cincinnati, Chicago and St. Louis that 
 t a tini'- and place to be fixed by said notice, and not later than -ix 
 lonths after the first publication thereof, said board will receive sealed 
 proposals on the follo\vin_ 
 
 ]-'!r.<t. From publisher^ of school text-book-, fur furnishing ho..!, 
 the school trustees of the Slate of Indiana for use in the common schools 
 of this State, as provided in tlii- act. for a term of five years, stating 
 speeinrally in such bid the pricr at which each book will be furnished, 
 and accompanying such bid with specimen copies ,,f each and all books 
 proposed io be furnished in such bid. 
 
 v and. From authors of school text-books, who have manuscript- of 
 books not published, for prices at which they will sell their manuscript, 
 
 
228 
 
 SCHOOL LAW OF INDIANA. 
 
 together with the copyright of such books, for use in the public schools 
 of the State of Indiana. 
 
 Third. From persons who are willing to undertake the compilation 
 of a book or books, or a series of books, as provided for in section one 
 (1) of this act, the price at which they are willing to undertake such 
 compilation of any or all of such books, to the acceptance and satisfaction 
 of the said Board of Commissioners : Provided, That any and all bids by 
 publishers, herein provided for, must be accompanied by a bond in the 
 penal sum of fifty thousand dollars, with resident freehold surety, to the 
 acceptance and satisfaction of the Governor of this State, conditioned 
 that if any contract be awarded to any bidder hereunder, such bidder 
 will enter into a contract to perform the conditions of his bid to the 
 acceptance and satisfaction of said board : And provided further, That no 
 bid shall be considered unless the same be accompanied by the affidavit 
 of the bidder that he is in nowise, directly or indirectly, connected with 
 any other publisher or firm who is now bidding for books submitted to 
 such board, nor has any pecuniary interest in any other publisher or firm 
 bidding at the same time, and that he is not a party to any compact, 
 syndicate or other scheme whereby the benefits of competition are denied 
 to the people of this State : And be it further provided, That if any com- 
 petent author or authors shall compile any one or more books of the first 
 order of excellence, and shall offer the same as a free gift to the people 
 of this State, together with the copyright of the same and the right to 
 manufacture and sell such works in the State of Indiana for use, in the 
 public schools, it shall be the duty of such Board of Commissioners to pay 
 no money for any manuscript or copyright for such book or books on the 
 subject treated of in the manuscript so donated ; and such board shall 
 have the right to reject any and all bids, and at their option such board 
 shall have the right to reject any bid as to a part of such books, and to 
 accept the same as to the residue thereof. (2) 
 
 4 42 Id. Open bids. It shall be the duty of such board to meet at 
 the time and place mentioned in such notice, and open and examine all 
 sealed proposals received pursuant to the notice provided for in section 
 two (2) of this act, and it shall be the further duty of such board to 
 make a full, complete and thorough investigation of all such bids or 
 proposals, and to ascertain under which of said proposals or propositions 
 the school books could be furnished to the people of this State for use in 
 the common schools at the lowest price, taking into consideration the 
 size and quality, as to matter, material, style of binding, and mechan- 
 ical execution of such books : Provided, always, That such board shall 
 not, in any case, contract with any author, publisher or publishers, for 
 

 SCHOOL LAW OF INDIANA. 229 
 
 he furnishing of any book, manuscript, copyright, or books, which 
 -hull be sold to patrons, for use in the public schools of this State, at a 
 >ri<v above, or in excess of, the following, which prices shall include all 
 nst and charges for the transportation and delivery to the several 
 County School Superintendents in this State, namely: for a spelling 
 hook, ten (10) cents; for a first reader, ten (10) cent* ; for a second 
 reader, fifteen (15) cents; fora third reader, twenty-five (25) cents; 
 for a fourth reader, thirty (30) cents; for a fifth reader, forty (40) 
 cent.-: for an arithmetic, intermediate, thirty-five (35) cents; for an 
 arithmetic, complete, forty-five (45) cents; for a geography, elementary, 
 thirty (30) cents; fora geography, complete, seventy-five (75) cents; 
 for an English grammar, elementary, twenty-five (25) cents; for an 
 English gram-mar, complete, forty (40) cents; for a physiology, thirty- 
 five (35) cents ; for a history of the United States, fifty (50) cents; for 
 copy books, each, five (5) cents. (3) 
 
 4421e. May procure manuscripts. If, upon the examination of 
 such proposals, it shall be the opinion of such Board of Commissioners 
 that such books can be furnished cheaper to the patrons, for use in the 
 common schools in the State, by procuring and causing to be published 
 the manuscript of any or all of such books, it shall be their duty to 
 procure such manuscript, and to advertise for sealed proposals for pub- 
 lishing the same, in like manner as hereinbefore provided, and under 
 the same conditions and restrictions. And such contract may be let for 
 the publication of all of such books, or for any one or more of such 
 hooks -eparately ; and it shall be the further duty of such Board of Com- 
 missioners to provide, in the contract for the publication of any such 
 manuscript, for the payment, by the publisher, of the compensation 
 agreed between such board and the author or owner of any such manu- 
 script, for such manuscript, together with the cost or expense of copy- 
 righting the same. (4) 
 
 4421 f. State not liable. It shall be a part of the terms and con- 
 ditions of every contract, made in pursuance of this act, that the State 
 of Indiana shall not be liable to any contractor hereuuder for any sum 
 whatever; but that all such contractors shall receive their pay and cora- 
 pensation solely and exclusively from the proceeds of the sale of the 
 honks, as provided for in this act. (5) 
 
 442 Ig. Governor's proclamation. As soon as such board shall 
 have entered into any contract for the furnishing of books for use in the 
 public schools of this State, pursuant to the provisions of this act, it 
 
 k shall he the duty of the Governor to issue his proclamation announcing 
 such fact to the people of this State. (6) 
 
-230 
 
 SCHOOL LAW OF INDIANA. 
 
 4 4 '2 111. Trustee's duty. When such proclamation shall have been 
 duly issued, it shall be the duty of the School Trustees of each and 
 every school corporation in this State, within thirty days thereafter, and 
 at such other times as books may be needed for use in the public schools 
 of their respective corporations, to certify to the County Superintendent 
 of their respective counties the number of school text-books provided 
 for in such contract required by the children for use in the schools of 
 their several school corporations. Such County Superintendent shall 
 forthwith make such requisition for books as the schools in the said sev- 
 eral counties may require upon the State Superintendent of Public 
 Instruction, and that said State Superintendent of Public Instruction 
 shall immediately thereafter make a requisition for said books upon the 
 contractor, who shall, within ninety days, ship the books so ordered di- 
 rectly to the County School Superintendents of the several counties of 
 this State. Upon the receipt of such books, it shall be the duty of such 
 County School Superintendents to immediately notify all the School 
 Trustees of the school corporations, as shown by the last school enumer- 
 ation of their counties, of the receipt of such books. It shall then be 
 the duty of such School Trustees to immediately procure and take 
 charge and custody of all the books assigned to their several school cor- 
 porations, receipting therefor, to the said County School Superintend- 
 ent ; and, upon the receipt of such books by said School Trustees, they 
 shall furnish them, on demand, to the school patrons or school children 
 of their respective corporations, at the price fixed therefor by the con- 
 tract entered into between said Board of Commissioners and said con- 
 tractor ; and it shall be the duty of such school officers to sell books for 
 cash only ; and if they shall sell or dispose of any books other than for 
 the cash price thereof, they shall be held personally liable, and liable upon 
 their official bond for the price of such book or books : Provided, That 
 any patron or pupil of any school or schools other than the public schools, 
 and also any child between the ages of six and twenty-one years of age, 
 or the parent, guardian or teacher of such child, shall have the right to 
 purchase and receive the books, and at the prices herein named, by pay- 
 ment of the cash price thereof to the School Superintendent of any 
 county in this State, and it is hereby made his duty to make requisition 
 upon the contractor for any and all books so ordered and paid for by 
 any such person or persons : And provided further, That nothing in this 
 act shall operate to prevent the State Board of Education, Boards of 
 School Trustees, or Boards of School Commissioners, from devising 
 means and making arrangements for the sale, exchange, or other dispo- 
 sition of such books as may be owned by the pupils of schools under 
 
SCHOOL LAW 
 
 INDIANA. 
 
 231 
 
 jir charge, at the time of the adoption of books under the provisions 
 of this act. (7) 
 
 1. MAM>AMI>. The trustee may be compelled by mandamus to procure and 
 iish the book*. State i\ Hawortb, 122 Ind. 4t) 
 
 442 li. Quarterly reports. At the expiration of three months 
 the receipt of such books by the County Superintendent, and 
 ;ry three months thereafter, it shall be the duty of each school trus- 
 ;e receiving and chargeable with books under the provisions of this 
 act, to make a full and complete report to the County Superintendent 
 of the number of books sold, and the amount of money received there- 
 for, and the number of books on hand ; and at the time of making such 
 report he shall pay over to the County Superintendent all moneys re- 
 ceived by him or with which he is chargeable, from the sales of books in 
 his hands ; which report shall be duly verified by the oath of the party 
 making it. (8) 
 
 442 Ij. Superintendent to enter suit. If, at the expiration of 
 ten days from the time required by this act for the making of such re- 
 port of any School Superintendent chargeable with books .under this act, 
 any such officer shall have failed, neglected or refused to make such re- 
 port, or turn over any moneys with which he is chargeable, it shall be 
 the duty of the County School Superintendent, within fifteen days, to 
 enter suit upon his official bond for an accounting and recovery of any 
 moneys due from him on account of such books with which he is charge- 
 able ; and all judgments recovered upon such bonds shall include a 
 liable attorney's fee for the attorney prosecuting such suit; and 
 such judgment shall be without relief from valuation or appraisement 
 laws, and shall he without stay of execution. (9) 
 
 4421k. Superintendent's special bond. It shall be the duty of 
 
 the several County School Superintendents of this State, within thirty 
 days from the issuing of the proclamation by the Governor, as herein- 
 before provided for, and of every County School Superintendent here- 
 after elected. In-fore he enters upon the disHmrirr <>f his official duties, 
 to enter into a special bond, with at least two freehold sureties of such 
 county, payable ! the State of Indiana, conditioned that they will faith- 
 fully and honestly perform all the duties required of them by this act, 
 and account for and pay over all moneys that may come into their hands, 
 pursuant to the provisions of this act, in a penal sum which shall be 
 equal in amount to one hundred dollars for every one thousand inhab- 
 itants of their respective counties as shown by the last census immedi- 
 ately preceding the giving of such bond, to be approved by the Board 
 
 
232 
 
 SCHOOL LAW OF INDIANA. 
 
 of Commissioners of their respective counties ; and upon the failure of 
 any County School Superintendent to give such bond, his office shall 
 become immediately vacant, and the Board of Commissioners of his 
 county shall immediately appoint some competent and suitable person 
 to fill such vacancy for the unexpired term of his office. (10) 
 
 1. NOTE. Mere failure to file the bond within the time required does not 
 vacate the office ; and if the Board of County Commissioners declare the office va- 
 cant for that reason, the superintendent may appeal from such decision. Board 
 Com. v. Johnson. 124 Ind. 145. The Board of Commissioners can not refuse to 
 approve the bond on the ground that the superintendent was corruptly elected. 
 State v. Board of Com., 124 Ind. 554. 
 
 44211. Reports to contractor. It shall be the duty of each 
 County School Superintendent in this State, within ten days after the 
 quarterly reports of the school trustees, as hereinbefore provided for, 
 to make a full, true, complete and detailed report to the contractor of 
 all books sold by the several school trustees of his couuty, and of the 
 number of books in the hands of the trustees of each school corporation, 
 which report shall be accompanied by all cash received by him from 
 the school officers from sales of books by them sold, and which report 
 shall be duly verified by him, and a duplicate thereof shall be filed in 
 the office of the auditor of his county. Upon the failure of any County 
 School Superintendent to make the report and to transmit the cash, as 
 required by this section, a right of action shall immediately accrue to 
 the contractor against the said school superintendent and the sureties 
 upon the bond provided for in this act, for an accounting and for the 
 recovery of any moneys received and not transmitted by him, and for 
 any damages which may have resulted from his neglect or failure to 
 comply with the provisions of this act, and any judgment upon any such 
 bond shall include a reasonable fee for the attorney prosecuting such suit, 
 and such judgment shall be without relief from Valuation and appraise- 
 ment laws, and shall be without stay of execution. (11) 
 
 4421m. Sale for more than contract price a misdemeanor. 
 
 Any school trustee charged with the sales of any books under the pro- 
 visions of this act, who shall directly or indirectly demand or receive any 
 money for any book or books in excess of the contract price, as herein- 
 before provided, shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be fined in any sum not less than ten nor more than 
 one hundred dollars, to which may be added imprisonment in the county 
 jail for a term not exceeding sixty days. (12) 
 
 442 In. Embezzlement. Any county school superintendent or 
 trustee of any township or school corporations in this State who shall 
 
SCHOOL LAW OF INDIANA. 
 
 233 
 
 ilently fail or refuse, at the expiration of the term for which he 
 was elected or appointed, or at any time during such term, when legally 
 required by the proper person or authority, to account for and deliver 
 and pay over to such person or persons as may be lawfully entitled to 
 receive the same, all moneys or school books which may have come into 
 his hands by virtue of the provisions of this act, shall be deemed guilty 
 of embezzlement, and upon conviction thereof shall be imprisoned in the 
 State prison for any period not more than five years nor less than one 
 year, and fined in any sum not exceeding one thousand dollars, and 
 rendered incapable of holding any office of trust or profit for any deter- 
 minate period. (13) 
 
 4 4 2 1 o. Appropriation Laws repealed. The sum of one thousand 
 dollars is hereby appropriated out of any funds in the State treasury not 
 otherwise appropriated, for the purpose of paying the cost and expenses 
 incident to the giving of the notices herein provided for, and carrying 
 out the provisions of this act. All laws and parts of laws in conflict 
 with the provisions of this act are hereby repealed. (14) 
 
 442 lp. Emergency. Whereas, an emergency exists for the imme- 
 diate taking effect of this act, therefore it shall be in force from and after 
 its passage. (15) 
 
 FIRST SUPPLEMENTAL ACT. 
 
 [1891, p. 99. Approved and in force March 5, 1891.] 
 
 442 lq. Advertise for bids. It shall be the duty of the Board of 
 Commissioners for the purpose of securing for use in the common schools 
 of the State of Indiana of a series of text-books, as constituted by the 
 act of the General Assembly in this section mentioned, to immediately 
 advertise for bids, and to act upon such bids as maybe submitted for the 
 furnishing for use in the common schools of the State of Indiana of a 
 sj> 'lliiiL r -l)ook, a primary physiology, a more advanced work on physiology 
 and hyiriene, an elementary grammar, a complete grammar, and a history 
 of the United States. In advertising for such bids, and in acting upon 
 any bid which may be submitted, such Board of Commissioners shall be 
 L r <\ riu-d, as far as possible, by the same terms, conditions and liniita- 
 t it .us concerning them, and shall require bidders and contractors to comply 
 witli all terms, conditions and limitations concerning bidders or contractors, 
 eo far as applicable, as are contained in an act of the General Assembly 
 
234 
 
 SCHOOL LAW OF INDIANA. 
 
 of Indiana, entitled, "An act entitled an act to create a Board of Com- 
 missioners for the purpose of securing for use in the common schools of 
 the State of Indiana of a series of text-books, defining the duties of certain 
 officers therein named with reference thereto, making appropriations 
 therefor, defining certain felonies and misdemeanors, providing penalties 
 for the violation of the provisions of said act, repealing all laws in con- 
 flict therewith, and declaring an emergency. " Acts of the General 
 Assembly of the State of Indiana, 1889, p. 74: Provided, That the 
 standard of Physiologies shall be Hutchinson' s laws of health and Hutch- 
 inson' s physiology and hygiene : And provided further, That no bids shall 
 be considered in which the price of a primary physiology shall exceed 
 thirty cents for the volume, or in which a physiology and hygiene shall 
 exceed sixty cents for the volume, or in which a history of the United 
 States shall exceed sixty-five cents for the volume. (1) 
 
 442 lr. Trustees to make requisitions first Monday of June. 
 
 That it shall be the duty of the Township Trustees and School Boards 
 of the State, severally, on the first Monday of June in each year, and 
 at such intermediate times as the necessity therefor shall exist, after 
 considering the number and kind of adopted books already sold in 
 the corporation, the number and kind of such books on hand, and ascer- 
 taining from their teachers or Principal and Superintendent, as the case 
 may be, the enrollment of scholars in the different classes or grades of 
 the schools of the corporation, to order such quantities of the books 
 which the State has at that time adopted, as may seem to him, or to it, 
 to be necessary for use in the schools of such corporation until the first 
 day of June then next succeeding ; the estimate being based upon the 
 information which it is above provided shall be gathered, and on the 
 advice of the Couuty Superintendent : Provided, That the total orders 
 for any school year of the books adopted heretofore, and those mentioned 
 in section one of this act, shall not exceed the amount of one dollar for 
 each child enumerated for school purposes in the corporation : And pro- 
 vided further, That it snail be the duty of the State Superintendent to 
 properly scale down any order for books which may pass through his 
 hands, in case that it shall seem clear to him that such order is for a 
 quantity of books in excess of the needs of the corporation during the 
 period for which such books were ordered. (2) 
 
 4421s. Trustees to acknowledge receipt of books. Whenever 
 an order for the books which the State has adopted, or may adopt, shall 
 have been filled by a contractor with the State, and the books delivered 
 to the Township Trustee or School Board making such order, it shall be 
 the duty of such trustee or boards to immediately acknowledge the 
 
SCHOOL LAW <)K INDIANA. ->"> 
 
 )t of such hooks to the contractor, and also to make a report thereof 
 to the County Superintendent, and it shall he lawful for anv such trus- 
 tee <r school hoard to at once make payment tor such hooks to the con- 
 tractor, through the superintendent of the county, out of any school 
 funds in excess of the needs of their respective townships or school cor- 
 porations for current expenses, or other special needs, in the hands or 
 control of such trustee or board, aside from the principal or intere.-t of 
 tin- common con- n ional school fund, or the "school revenue for tui- 
 tion" : Provided, //</nrr, That no debt shall ever be contracted, or 
 wan ant, or other evidence of indebtedness, ever be issued by a trustee 
 or hoard on account of a purchase of books: And provided further, 
 That whenever any hooks are paid for by any trustee or school board, 
 such trustee or school hoard shall be liable personally, and liable upon 
 their official bonds, respectively, for the preservation, custody and safe 
 keeping <>t' all such hooks until the same are sold and accounted for, or 
 otherwi.-e disposed of according to law. Whenever a book, paid for as 
 aforesaid, is sold by a trustee or school board, it shall be the duty of such 
 trustee or school hoard to turn the entire proceeds of such sale into the 
 fund, out of which payment was made to the contractor, to reimburse 
 the fund for such advancement. In case a trustee of school board 
 receiving hooks from a contractor with the State shall not pay for such 
 hooks, a> provided in this section, he, or it, shall make quarterly reports 
 under oath of the sale of such hooks, accompanied by all cash received 
 therefor, to the County Superintendent, for transmission to the con- 
 tractor, as now provided by law, until such hooks shall have been fully 
 paid for. The provisions of this section shall apply to all orders hereto- 
 fore filed : Pftriilnl, That if said trustee or board shall have on hands 
 any hooks heretofore ordered, for which he, or it, may have no imme- 
 diate u.-e, the same shall, upon the order of the County Superintendent, 
 or ti Superintendent of Public Instruction, be returned to the 
 
 contractor, ,.r he shipped to such other point, as the contractor may 
 direct, the contractor to j>ay all freight charges on such shipment; and 
 
 Fthe County Superintendent and such trustee or board shall, thereupon, 
 have credit for such books so returned or shipped. (3) 
 
 442 It. Hooks for poor or indigent children. It >hall he the 
 
 duty of each Township Trustee and each School Hoard to furnish the 
 -chooi h'.oks. so far as they have heen or may he adopted by 
 the State, to all such poor or indigent children as may de-ire to attend 
 the common schools of his, or it.-, c.irptiration, as in hi>, or its. opinion 
 would he otherwise unable to attend such schools : /VonW'W, That no 
 Township Trustee in this State shall receive an amount exceeding five 
 
236 SCHOOL LAW OF INDIANA. 
 
 dollars as compensation for his services in any one year for duties per- 
 formed in carrying out the provisions of this act, or the act to which it is 
 supplemental. (4) 
 
 442 In. Reports to Commissioners and County Superintendent. 
 
 When books are fully paid for out of the funds of a school corporation, 
 as provided in section three of this act, it shall not be necessary for the 
 Township Trustee or School Board of such corporation to make quarterly 
 reports of the sale of the adopted books, but instead thereof a report shall 
 in all cases be made by him, or it, upon oath on the first Monday of 
 August in each year to the County Superintendent, and like report upon 
 oath shall at the same time be made to the Board of Commissioners of 
 the county, which reports shall severally state the number and kind of 
 books on hand at last report; the number and kind sold; the number 
 then on hand ; the disposition of the money received on such sales ; the 
 amount of money used from any school fund in payment for books 
 received ; and the condition of such funds. Such reports shall also state 
 the number and kind of books furnished as provided in section four of 
 this act ; for the price of which books so furnished the Township Trustee 
 or School Board furnishing the same shall have credit. 
 
 442 1 V. Appropriation. The sum of one thousand dollars is hereby 
 appropriated out of the general fund in the State treasury to enable the 
 Board of School Commissioners, mentioned in section one of this act, to 
 advertise for bids as in said section provided. (6) 
 
 4421w. Suit on Trustee's bond. Any Township Trustee or 
 member of a School Board, receiving or being in possession of any 
 moneys which at the end of the next quarter should be turned over to 
 the County Superintendent to pay a contractor for books sold which have 
 not been paid for out of the funds of the corporation, who shall fail to 
 report the sale of such books at the end of such next quarter, or who 
 shall fail to pay therewith the full proceeds thereof to the County Super- 
 intendent, or so much thereof as may be necessary to fully pay the con- 
 tractor, shall be liable, after demand upon him, to a suit on his official 
 bond, brought on the relation of the County Superintendent, whose duty 
 it shall be to bring the action for the amount due from him, and dam- 
 ages, if any, and any judgment which shall be rendered in favor of the 
 plaintiff in the action shall contain a reasonable attorney's fee, and shall 
 be payable without relief from valuation or appraisement laws The 
 same liability upon his bond shall accrue against a Township Trustee or 
 member of a School Board who shall refuse to pay over as in this act 
 required any moneys drawn from the funds of his corporation on account 
 
SCHOOL LAW OF INDI LNA. 
 
 287 
 
 of books purchased, or who shall fail to apply all moneys for book- 
 that have been purchased by the corporation, to the reimbursement of 
 the proper fund. Any judgment rendered against a Township Tni.-nv, 
 School Board, or member of a School Board, because of the non-perform- 
 ance of any duty, shall include a reasonable fee for the plaintiff's attorney. 
 (7) 
 
 442 lx. County Superintendent's 'Special Bond. Ii shall be the 
 duty of each County School Superintendent of this State, within thirty 
 days from the taking effect of this act, and of each County School Super- 
 int< ndent hereafter elected, before he enters upon the discharge of his 
 oflicial duties, to execute a special bond with at least two freehold sureties 
 of his county, payable to the State of Indiana, conditioned that he will 
 faithfully and honestly perform all the duties required of him by law, 
 and account for and pay overall moneys which may CMMC into his hands 
 pursuam to law, in a penal sum which shall be equal to one hundred 
 dollars for every thousand inhabitants of his county, ns shown by the 
 last c.-nsus immediately preceding the giving of such l.ond, which bond 
 shall be executed to the approval of the Board of Commissioners of his 
 county, and upon failure of any County School Superintendent to give 
 such lioixl, his office shall become immediately vacant, and the Board of 
 Commissioners of his county shall immediately appoint some competent 
 and suitable person to fill such vacancy for the unexpired term of his 
 oHi,-c (8) 
 
 442 ly. Superintendent's report to contractor. It shall be the 
 
 duty of such County School Superintendent within ten days after the 
 receipt of any report, or money, from a Township Trustee or School 
 Board, as hereinbefore provided for, to make a full, true, complete and 
 detailed report thereof to the contractor, which report shall be ao 
 panieil hy all cash received by him from the school officers. The report 
 above provided for shall be duly sworn to by the County Superintendent, 
 and a duplicate thereof shall be filed by him in the office of the auditor 
 of his county. Upon the failure of any County School Superintendent 
 to make report to the contractor and to transmit the cash as required l. v 
 law, a ris_ r ht of action shall immediately accrue to the contractor again-t 
 the said County School Superintendent, and the sureties upon hi- 
 provided for in this act, for an accounting and for the recovery of any 
 moneys received and not transmitted by him, and for any damages which 
 may have resulted from his neglect or failure to comply with the pro- 
 vi>ioiis of this act, and any judgment upon any such bond shall include 
 a reasonable fee for the attorney prosecuting such suit, and such judg- 
 ment shall be without relief from valuation or appraisement laws, and 
 shall be without stay of execution. (9) 
 
SCHOOL LAW OF INDIANA. 
 
 442 Iz. Failure to report Embezzlement. Any County School 
 Superintendent, or trustee of any township, or member of any school 
 board in this State, who shall fraudulently fail or refuse, at the expira- 
 tion of the term for which he was elected, or appointed, or at any time 
 during such term, when legally required by the proper person or au- 
 thority to account for and deliver and pay over to such person or persons 
 as may be lawfully entitled ta receive the same, all moneys, or school 
 books which may come into his hands by virtue of the provisions of law, 
 shall be deemed guilty of embezzlement, and upon conviction thereof 
 shall be imprisoned in the State prison not more than five nor less than 
 one year, and fined in any sum not exceeding one thousand dollars, and 
 rendered incapable of holding any office of trust or profit for any deter- 
 minate period. (10) 
 
 442 Ibb. Books to be uniformly used. The books which have 
 been, or may hereafter be, adopted by the State of Indiana for use in its 
 .common schools by virtue of this act, or the act mentioned in section 
 one hereof, shall be uniformly used iii all the common schools of the 
 State, in teaching the branches of learning treated of in such books, and 
 it shall be the duty of the proper school officers and authorities to use in 
 such schools such books for teaching the subjects treated in them. (11) 
 
 4 42 ICC. Duty of Contractor. It shall be the duty of any person 
 or persons, firm or corporation, who shall hereafter furnish and supply 
 books under the provisions of this act, or under the provisions of the act 
 of 1889, title whereof is set out in the first section of this act, to ship to 
 and to notify the consignee of such shipment, and deliver the books or- 
 dered by the various County Superintendents, at such railway stations 
 as may be most convenient for the various Township Trustees or School 
 Board in the several counties to receive the same as may be directed by 
 the said County Superintendent. And in preparing such books for such 
 shipment, it shall be the duty of every such contractor to wrap each 
 .several kind of books by themselves in packages of not to exceed five 
 'tor ten books, according to their size, each such package to be securely 
 wrapped in good substantial paper of sufficient weight to protect the 
 books enclosed therein, and to be closed at each end thereof, and each 
 package to have plainly and clearly marked or printed on the outside 
 thereof the kind and number of books contained therein, and as many 
 of such packages shall be enclosed in large packages or boxes as may be 
 safe and convenient for shipment. And upon the receipt of such books 
 it shall be the duty of each Township Trustee or School Board to care- 
 fully care for and protect such books until sold, and to preserve the same 
 in the original packages in which they are wrapped without opening, 
 
SCHOOL LAW OF INDIANA. 
 
 u itil all copies of the same books heretofore received by him or it have 
 
 1 ;en sold, and thereafter not to open any such package until all copies 
 
 < mtained in packages previously opened have been sold : Provided, If, 
 
 i.pon the opening of any such package, any Township Trustee or School 
 
 ] oard shall discover that any of the books therein contained have been 
 
 imaged, or are defective at the time of their receipt by him, or it, so 
 
 : 5 to be unsalable, he, or it, shall not be required to offer the same for 
 
 i- lie, but in such an event, he, or it, shall immediately notify the County 
 
 aperintendent of such damaged or defective book or books, who shall 
 
 nmediately thereafter give notice thereof to the contractor furnishing 
 
 he same, and thereafter such damaged or defective book or books shall 
 
 e subject to the order of the contractor. (12) 
 
 442 1 dd. Name and price of books on cover. It shall be the duty 
 f any person or persons, firm or corporation who may hereafter furnish 
 ind supply books under the provisions of this statute, or of the act of 
 1889, the title whereof is set out in the first section of this act, to print 
 n large letters upon the outside of the first cover of each book so fur- 
 lished and supplied by him or them, the name of the adopted book, and 
 upon the outside of the back cover the price at which such book is fur- 
 nished to be sold to pupils, under such contract, and it shall be the duty 
 iof all County Superintendents, Township Trustees, and other school offi- 
 cers, and school teachers, to see that all books so furnished to pupils, 
 and bought by pupils for use in the schools of the State shall bear such 
 imprint : Provided, This section shall not apply to copy books. (13) 
 
 442 lee. State Superintendent's duty. It shall be the duty of 
 the Superintendent of Public Instruction to cause to be printed, at the 
 expense of the printing fund, and to send to each of the County Su- 
 perintendents, as soon as possible after the passage thereof, a sufficient 
 number of copies of this act to provide such Superintendent and each 
 Township Trustee and each member of the School Board in such county 
 with one copy of such act. Kach County Superintendent shall, at once, 
 upon .the receipt of the copies intended for his county, mail, or other- 
 rise deliver, to each Township Trustee and member of a School Board 
 
 his county a copy of this act. (14) 
 
 442 Iff*. Acts supplemental. Nothing in this act shall be con- 
 trued to in anywise affect the act mentioned in section one of this act, 
 the two acts shall be regarded as each supplementing the other, 
 >xcc]>t where this act shall provide a different procedure from the first 
 it, in which case the provisions of this act shall govern. Nothing in 
 iis act shall be construed as affecting or impairing any contract right 
 
240 
 
 SCHOOL LAW OF INDIANA. 
 
 secured by any contractor under the act mentioned in section one of 
 this act, but all such contracts are hereby declared to be, and are hereby 
 made, binding on the State to the same extent as they would have been 
 had this act not been passed. (15) 
 
 442 Igg. Emergency. Whereas, an emergency exists for the im- 
 mediate taking effect of this act, therefore it shall be in force from and 
 after its passage, (16) 
 
 SECOND SUPPLEMENTAL ACT. 
 
 [Approved and in force March 1, 1893.] 
 
 442 Mill. Contractors to file consent. Whenever the contractors, 
 or either of them, to the extent that they might be affected in their con- 
 tract rights under prior laws, to-wit : An act entitled ' 'An act entitled 
 an act to create a Board of Commissioners for the purpose of securing, 
 for use in the common schools of the State of Indiana, of a series of text 
 books, defining the duties of certain officers therein named with refer- 
 ence thereto, making appropriations therefor, defining certain felonies 
 and misdemeanors, providing penalties for the violation of the provisions 
 of said act, ' repealing all laws in conflict therewith and declaring an 
 emergency/ " passed by the General Assembly of the State of Indiana 
 in the year 1889, and published on page 74 of the acts of 1889 ; and an 
 act supplemental thereto and upon the same general subject, approved 
 March 5, 1891, shall have filed with the State Superintendent of Public 
 Instruction an agreement in writing, duly executed by them, or either 
 of them separately, consenting to the operation of this act, as affecting 
 the sale of school books furnished by them, under contract with the 
 State pursuant to the provisions of existing laws, it shall then be lawful 
 for, and it is hereby made the duty of, the Township Trustees and 
 School Boards of this State, to sell, for cash, to all merchants and deal- 
 ers who may apply therefor, and in such quantities as they may require, 
 ;a sufficient number of adopted school books, furnished by the contractor 
 or contractors, so consenting, to supply all demands of school patrons 
 and pupils attending the common schools and residing in their immedi- 
 ate neighborhoods, respectively ; which books shall, in no event, be sold 
 to school patrons or pupils, by such merchants or dealers, at a price in 
 excess of the price fixed in the contract for such books between the 
 State Board of School Book Commissioners and such contractor. In 
 making such sales, the Township Trustee and School Boards shall be 
 authorized, and it is hereby made their duty to deduct ten per cent. 
 
SCHOOL LAW OF INDIANA. 
 
 241 
 
 from the contract price at which such books are required by law to be 
 sold to the school patrons and school children of the State, to compen- 
 sate the dealer for handling and selling such books; one-half of which 
 deduction r-hall be borne by the contractor and one-half thereof by such 
 school corporation. And hereafter no adopted books shall be delivered 
 or sold to merchants or dealeis by any County School Superintendent, 
 Township Trustee or School Board, except upon the terms and condi- 
 s hereinbefore specified. (1; 
 
 442 1 ii. Sale to Merchants or Dealers - Trustee's Report. 
 
 hen sale shall be made of any books by any Township Trustee or 
 School Board to any merchant or dealer, pursuant to the provisions of 
 section one of this act, it shall be the duty of such Trustee or School 
 Board, at the end of such calendar month, to make a report thereof to the 
 County School Superintendent of the number and kind of books sold, 
 and the amount of money received therefor, and the number and kind of 
 books on hand ; and at the time of making such report, to pay over to 
 the County School Superintendent all money received by him or them 
 from any such sale or sales ; and at the time of making such report such 
 Trustee <>r School Board slyill also pay to such Superintendent, for trans- 
 mission to the contractor, the one-half of the amount of the deduction 
 in the price of the books so sold, which last amount shall be paid out of 
 and charged to the special school fund of such school corporation ; and 
 for such amount the said Trustee or School Board shall take the receipt 
 of such Superintendent. And in their reports to and settlements there- 
 after made with the Board of Commissioners of their respective counties, 
 the said Trustees and School Boards shall be entitled to full credit for 
 the money so paid out of said fund when such Superintendent's receipt 
 i- tendered and tiled with Mich reports: /VonVrr/, That whenever any 
 Township Trustee or School Board >hall have sold all books ordered by 
 him or them, or in his or their hands for sale to merchants or dealers, as 
 herein provided, they shall not be required to make quarterly reports, 
 as now provided by law. (2) 
 
 4421 j.j. Oflieers to supply siiflieient books. It shall be the duty 
 of County School Superintendents, Township Tru-tees and School Boards 
 to see that at all times there are sufficient number of books on hand, 
 either in the hands of such Superintendents, Trustees or School Boards 
 respectively, or in the hands of the dealers in the different neighborhoods 
 of their respective sch'">l corporation-, to supply the patrons and pupils 
 of the common <chools with all needed books; and nothing in this act 
 shall be construed s<> as t relieve them from any of the duties now im- 
 d by law in this respect. (3) 
 
 16 SCHOOL LAW. 
 
242 
 
 SCHOOL LAW OF INDIANA. 
 
 4421kk. Duty of merchants and dealers. It shall be the duty 
 of all merchants or dealers who may be supplied with books by virtue 
 of the provisioDS of this act to furnish the Township Trustee or School 
 Board of whom such books may have been purchased and received with 
 a detailed statement of the number of books of each kind on hand on 
 the fifteenth day of May of each year, and at such other times during 
 the year as the same may be called for by such Trustee or School Board ; 
 and any merchant or dealer who shall refuse for the period of five days 
 after request to do so, by any Trustee or School Board entitled to re- 
 ceive the same, to furnish such statement as above provided, shall not 
 be entitled thereafter to purchase or sell any school books under the pro- 
 visions of this act. And upon the receipt of any such report it shall be 
 the duty of such Trustee or School Board to forthwith transmit a copy 
 thereof to the County School Superintendent, who shall, within ten days 
 after the receipt of any such report, transmit a copy thereof to the con- 
 tractor, for which reports the contractor shall furnish the necessary 
 blanks. (4) 
 
 442 111. County Superintendent to make report. It shall be the 
 
 duty of each County School Superintendent in this State, within ten days 
 after receiving any report or money on account of the sale of any books, 
 from any Trustee or School Board of his county, as hereinbefore pro- 
 vided, to make a full, true and verified report to the contractor of the 
 number and kind of books so sold by the several Township Trustees or 
 School Boards- of his county, and of the number and kind of books on 
 hands with the said school officers, and himself, which report shall be 
 accompanied by all cash received by him from such Trustees or School 
 Boards on account of such sales ; and he shall file a duplicate thereof in 
 the office of the Auditor of his county. The necessary blanks for which 
 reports shall be furnished by the contractor. (5) 
 
 4421mm. Officers failing to report Right of action. Upon 
 failure of any Township Trustee, School Board or County School Sup- 
 erintendent to perform any duty or to make report of any cash received 
 by him or them, as required by the provisions of this act, a right of 
 action shall immediately accrue to the contractor against the said officer 
 so in default, and the sureties upon his official bond, for an accounting 
 and for the recovery of any money received and not transmitted by 
 him or them, and for any damage which may have resulted from his or 
 their neglect or failure to comply with the provisions of this act ; and 
 any judgment in favor of the contractor in any such action shall include 
 a reasonable fee for the attorney prosecuting the suit, and such judg- 
 ment shall be collectible without relief from valuation and appraisement 
 laws, and shall be without stay of execution. (6). 
 
I,.\\V OK INDIANA. 
 
 243 
 
 4421im. Failure to report at expiration of term Embezzle- 
 ment. Any County School Superintendent, Township Trustee or 
 member of any School Board of this State who shall fraudulently fail or 
 refuse, at the expiration of the term for which he was elected or ap- 
 pointed, or at any time during such term, when legally required by the 
 proper person or authority, to account for and pay over to such person 
 or persons as may be lawfully entitled to receive the same, all money or 
 school books not previously accounted for, which may have come into 
 his hands by virtue of the provisions of this act, shall be deemed guilty 
 of embezzlement, and upon conviction thereof, shall be imprisoned in 
 tate Prison not more than five years nor less than one year, and 
 lined in any sum not exceeding one thousand dollars and rendered 
 im-apable of holding any office of trust or profit for any determinate 
 period. (7) 
 
 4421oo. Sale for more than contract price a misdemeanor. 
 
 Any merchant or dealer who shall knowingly or willfully charge, re- 
 ceive, collect or attempt to charge or collect, for any school book or 
 books by him sold to any school patron or pupil, any sum in access of 
 the price at which such book or books are required to be sold by law, 
 shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
 shall be imprisoned in the county jail not more than six months nor less 
 than thirty days, and lined in any sum not exceeding five hundred 
 dollars. (8) 
 
 4421pp. Contractors to file consent for revision of books. 
 
 Whenever the contractors for furnishing books for use in the common 
 school-, under the provisions of existing laws hereinbefore specified, 
 shall have filed with the State Superintendent of Public Instruction 
 their consent, in writing, to the revision or the introduction of an inter- 
 mediate book, as hereinafter provided, duly executed by them, and the 
 Stair Hoard of School P>ook Commissioners shall determine that a re- 
 vision i< needed of any or all of the books in use in the common schools 
 under contract made pursuant to law, or that an intermediate grammar 
 or lan<rua_ r e lessons is needed, then it shall be lawful for the State 
 Board of School Hook Commissioners to order a revision to be made of 
 any or all of such books as in their judgment may be found necessary 
 for the welfare of the common schools of the State, in the manner and 
 under the conditions following: 
 
 The said Hoard of School Hook Commissioners shall select a compe- 
 tent author or authors to perform the work of revision of the subject 
 matter of such book or hooks so ordered to be revised. The entire 0061 
 of such revision, including the manuscript, illustrations, engravings, 
 
244 
 
 SCHOOL LAW OF INDIANA. 
 
 maps and plates therefor shall be paid by the contractor or contractors 
 who may at the time of such revision be required to furnish such book 
 or books under their contract with the State. The cost and expense, 
 however, of such revision shall first be agreed upon by the State Board 
 of School Book Commissioners and the contractor or contractors before 
 such work of revision is commenced : Provided, If said board and con- 
 tractor or contractors shall, for a period of sixty days after an estimate 
 of the cost of any proposed revision has been furnished by such State 
 Board to the contractor, be u-nable to agree upon an amount, which in 
 the opinion of such State Board would be necessary to cover the cost 
 of any such revision, then the said State Board may advertise for bids from 
 publishers of school books for furnishing any such book or books, the 
 cost of revision of which could not be agreed upon ; and in such adver- 
 tisement, selecting and contracting for such book or books, the said 
 board shall be governed by the provisions of laws now in force respect- 
 ing such matters. (9) 
 
 
 
 4421qq. Author to revise County and State Superintendent 
 to scale requisition. Whenever the revision of any book, or series of 
 books shall be determined upon by the State Board of School Book 
 Commissioners, and they shall have contracted with an author or authors 
 to furnish the manuscript for such revision, sufficient time shall be given 
 to the author in which to perform the work of revising the subject 
 matter of such book to the acceptance and satisfaction of such board, 
 and when the revision of the subject matter of any such book is com- 
 pleted by the author and the manuscript thereof furnished to the con- 
 tractor, at least six months' time shall be given the contractor in which 
 to make the necessary illustrations, engravings, maps, and plates, man- 
 ufacture and ship the books to the various school corporations of the 
 State before any such contractor shall be required to furnish any such 
 book, or series of books, so revised for use in the schools of the State 
 under his contract. And no new book, or revised book, or series of 
 books, shall be introduced for use in the schools of the State, at any 
 time, by virtue of the provisions of this act, until the State Board of 
 School Book Commissioners shall have given notice to the County Su- 
 perintendents, Township Trustees and School Boards of the State, by 
 printed notice mailed to each of said school officers, last above named, 
 at least twelve months in advance of the time when such book, or series 
 of books, are to be used in the public schools, and like notice shall be 
 given by said County Superintendents, Trustees and School Boards to 
 all merchants and dealers in their respective school corporations, who 
 mav be selling the adopted books. And it shall be the duty of the State 
 
SCHOOL LAW OF INDIANA. 245 
 
 rintendent of Public Instruction and the County Superintendents 
 ch county to scale down to the minimum number all requisitions for 
 school books, which may be made after such notice is given, thereby 
 >nal>linir all Township Trustees, School Boards, and dealers, to dispose 
 of the stocks of books in their hands ; but no dealer shall buy or carry 
 on hand, at any time, more books than are actually needed to supply 
 the demands therefor, for the purpose, or with the intent, of prevent. 
 iiiL r the introduction of any new or revised book, according to the spirit 
 of this act. And for the purpose of enabling the State Superintendent 
 of Public Instruction to determine when any requisitions should be 
 scaled down in anticipation of the expiration of any existing contract, 
 it shall be the duty of the contractor to furnish to said State Superin- 
 tendent a copy of the quarterly verified reports made by County Super- 
 intendents to the contractor, giving the number and kind of books on 
 hand with the various dealers and Township Trustees and School Boards 
 of their respective counties ; and at the expiration of such notice such 
 book or books shall only be required to be introduced in the schools as 
 new classes in the study of such branches are being formed, and all 
 classes in such study, or studies, who, at the time of the expiration of 
 the term of such notice, shall have purchased books for use in such 
 classes, shall be allowed time to complete such books before being com- 
 pelled to buy new or revised books. And at the expiration of any con- 
 tract now in existence, or which may hereafter be made by the State 
 Board of School Book Commissioners, for furnishing books for use in the 
 common schools of the State of Indiana, the books then in use in the 
 common schools of this State under such contract or contracts shall be 
 continued in use therein at the same price and upon the same terms and 
 conditions until such time or times as the State Board of School Book 
 Commissioners shall determine that a revision thereof is necessary for the 
 best interests of the schools, when such revision shall be made, or a new 
 hook contracted for and introduced for use in the schools as hereinbe- 
 fore specified : Provided, That, at the expiration of any such contract, 
 the State Board of School Book Commissioners shall require such con- 
 tractor or contractors furnishing such books to execute a new bond, con- 
 ditioned that they will continue to execute such contract in all regards 
 as they had theretofore executed the original contract : Provided, further, 
 That nothiiiLT herein contained shall be construed as restraining or pre- 
 venting said State Board of School Book Commissioners, after any such 
 school book, or any such revised book, shall have been in use in the 
 schools of the State for a period of five years, from proposing to the 
 contractor furnishing the same, such reduction in the price at which 
 such book or revised book shall be continued in use in the schools for 
 
SCHOOL LAW OF INDIANA. 
 
 the next ensuing five years, as, in the judgment of said board, may 
 seem reasonable. If such contractor shall accede to such proposed reduc- 
 tion, then the price of such book or revised book shall, for such ensuing 
 period of five years, be fixed at the original contract price thereof, less 
 the amount of the reduction so agreed upon, and such price shall be 
 printed on the back of said book, as now required by law. In event 
 said contractor shall not be willing to accede to such terms, the said 
 board may appoint a disinterested person, conversant with such matters, 
 and require the said contractor to select another such person, and the 
 nvo so chosen shall select a third, and, thereupon, the three so chosen 
 shall inquire into and consider what, if any, reduction ought to be made 
 in the price at which such book or revised book should be furnished for 
 use in the schools of the State for the next ensuing period of five years, 
 and if they shall determine that any such reduction ought to be made, 
 they shall fix the amount of such reduction, and shall certify to the said 
 board and to such contractor their determination in that behalf, and 
 thereupon, if said contractor shall accede to the price thus arrived at, 
 the price of said book for the next ensuing five years shall be fixed at 
 that sum, and the same shall be printed on the back of such books, as 
 now provided by law, and said contractor shall be required to furnish the 
 same at such price ; but otherwise, in all regards under the provisions of 
 this act and acts to which it is supplemental. But if such contractor shall 
 decline to accede to such price thus arrived at, then such board shall have 
 the right, in their discretion, to proceed to advertise for bids to furnish 
 a book in the place thereof; and, in so doing, and in all subsequent 
 steps therein, they shall proceed in accordance with the provisions of 
 this act and of the acts to which it is supplemental : And, provided 
 further, That nothing in this act contained shall be construed to prevent 
 the State Board of School Book Commissioners from exercising their 
 discretion in deciding whether they shall order any of the books already 
 in use under contract to be revised, or whether, instead, they shall 
 advertise for books to be adopted instead of said books already in use. 
 (10) 
 
 4421rr. Intermediate grammar or language lessons. If, in 
 
 the opinion of the State Board of School Book Commissioners, an in- 
 termediate grammar or language lessons is needed for the better teach- 
 ing of such branch of study, instead of a revision of the series of gram- 
 mars now in use, it shall then be lawful for such board to provide for 
 such intermediate book, and for that purpose shall proceed, as now pro- 
 vided by law, to advertise for proposals to furnish such book, requiring 
 bond in such sum as they deem sufficient to insure the compliance with 
 
SCHOOL LAW OF IM'IANA. 247 
 
 F ich proposals, consider such proposals and contract for'such book : Pro- 
 'i dedy however, That such intermediate grammar shall be equal in quality 
 : i to material, style of binding and mechanical execution to Long'* 
 lessons in English, and in subject matter shall embrace not less than 
 10 pages, and shall be adapted to follow in sequence to that of the 
 jtmguage Lessons book of said series now in use, and to be properly 
 ntnxluctory to the matter contained in the complete book of the series 
 s now adopted ; and if revision of the grammar now in use should be 
 letermined upon by the State Board of School Book Commissioners, 
 hen such modification shall be made of each or either of the books now 
 instituting -^aid course in grammar as shall- adapt them more perfectly 
 o use in the same series, and as shall cover more perfectly the entire 
 uibject matter necessary to a complete education in this branch of learn- 
 And said intermediate grammars shall not be sold to patrons or 
 pupils of the public schools of this State at a price above or in excess of 
 twenty cents each. (11) 
 
 
 442 Iss. State Board to meet Notice. For the purpose of de- 
 termining what book or books, if any, may need revision, or whether an 
 intermediate grammar is needed, the State Board of School Book Corn- 
 mis> ioners shall meet on the first Monday of April, 1893, and shall then, 
 and there make such inquiry and examination of the books then in use 
 under contract with the State as shall enable them to determine upon 
 the propriety of ordering any such revision or intermediate book or 
 LaiiLriiHLM Le.-sons. And such board shall, within sixty days thereafter, 
 determine and give notice to the contractors of any and all revisions 
 that shall be required to be made before the time of the expiration of 
 
 e existing contract for any such hook or books. (12) 
 
 " 
 
 442 lit. Frequency of revision Geographies. In no case shall 
 a revision of any book or hooks be required by the State Board of School 
 Book Commissioners oftener than every five years, except in geographies 
 and histories, which said mentioned books may be ordered to be revised 
 
 Pas often as in the opinion of the said board shall be necessary to keep 
 snid books accurate and modern in all matters pertaining to those 
 branches of study. (13) 
 
 II 
 
 4421iui. Standard of revision Contractor's bond. Whenever 
 
 ny book or series of books shall be revisied by order of the State Board 
 of School Commissioners such book or books, when completed and ready 
 for use in the schools, shall be equal in every respect to the standard 
 now fixed by law, as to subject matter, material, style of binding and 
 
248 
 
 SCHOOL LAW OF INDIANA. 
 
 mechanical execution. And said State Board, when contracting for any 
 such revision, shall require the contractor or contractors to enter into a 
 written agreement for the furnishing of such books, and to execute bond 
 with resident freehold sureties to the acceptance of the Governor of this 
 State for the faithful compliance with their contract, such bond to be in 
 such amount as said board shall deem sufficient for the purposes contem- 
 plated. (14) 
 
 442 Iw. Appropriation. The sum of one thousand dollars is 
 hereby appropriated out of any funds in the State Treasury not other- 
 wise appropriated for the purpose of paying costs and expenses incident 
 to the giving of notices herein provided for by said State Board of 
 School Book Commissioners, and to pay the expenses of the State Su- 
 perintendent of Public Instruction incurred in the distribution of this 
 act, and of the acts to which this is supplemental, as herein required, 
 and to carry out the provisions of this act. (15) 
 
 442 Iww. New bond. If at anytime the State Board of School 
 Book Commissioners shall find that the bond of any contractor, contract- 
 ing to furnish books for use in the common schools of the State of In- 
 diana, under this act, or the acts to which it is supplemental, has become 
 insufficient to secure the faithful performance of such contract, or from 
 any other reason become inoperative, they shall have the right to require 
 such contractor to execute a new and sufficient bond to secure the faith- 
 ful execution of such contract And upon failure of any such contractor 
 to furnish such new bond within thirty days after being so required by 
 said board, the said board shall give notice thereof to the Attorney- 
 General of the State of Indiana, who shall immediately upon receipt of 
 such notice bring suit to procure the cancellation of such contract of such 
 contractor so refusing. And service of summons in such cause upon the 
 agent of such contractor in the State of Indiana shall be deemed and 
 held to be sufficient service upon the contractor ; and in such case the 
 Attorney-General shall receive a reasonable fee for the prosecuting of 
 such action. (16) 
 
 442 Ixx. State Superintendent's duty. It shall be the duty of 
 the State Superintendent of Public Instruction, immediately upon the 
 passage of this act, to cause to be printed a sufficient number of copies 
 thereof, as well also of the acts referred to in the first section hereof, to 
 furnish each County Superintendent, School Trustee and member of 
 School Boards in the State of Indiana, with one copy thereof, and 
 promptly to distribute the same to such school officers through the County 
 Superintendents. (17) 
 
SCHOOL LAW OF INDIANA. 
 
 249 
 
 442 Izz. Acts supplemental. This act shall be construed as sup- 
 plementary to the acts referred to in the first section hereof, and said 
 former acts are contined in full force and effect, except so far as modified 
 by the provisions of this act. (18) 
 
 .4421bbb. Emergency. Whereas, an emergency exists for the im- 
 mediate taking effect of this act, therefore it shall be in force and effect 
 from and after its passage. (19) 
 
SYNOPSIS 
 
 OF THE 
 
 Duties of School Officers, Dealers and Contractors 
 
 UNDER THE 
 
 SCHOOL BOOK LAW. 
 
 TRUSTEES. 
 
 To order books for use in schools s. 4421h, 4421r 
 
 To base orders on reports of teachers and advice of 
 
 County Superintendent s. 4421r 
 
 Maximum total orders for any one year ....... s. 442 Ir 
 
 To take charge and custody of books s. 442 Ih 
 
 To receipt County Superintendent and contractor for 
 
 books s. 4421h, 4421s 
 
 To preserve books in original packages s. 442 Ice 
 
 To sell books to patrons and pupils s. 4421h, 4421s 
 
 May arrange for disposition of old books s. 4421h 
 
 Misdemeanor to sell books for more than contract price. s. 4421m 
 
 Penalty for selling books in excess of contract price . . s. 4421m 
 
 To make quarterly reports and settlements ... s. 4421i, 4421s 
 
 To be sworn to book reports s. 4421i, 4421s 
 
 Liable on bond for failure to report and settle .... s. 4421J, 4421 w 
 Embezzlement to fail or refuse to turn over any money 
 
 or books s. 4421n, 4421z, 4421nn 
 
 Penalty for failure to turn over money or books . . . 
 
 s. 4421n, 4421z, 4421nn 
 
 May pay for books out of township funds s. 4421s 
 
 Shall not contract debt to pay for books s. 4421s 
 
 Liable for safe keeping of books s. 4421s, 4421cc 
 
 To return surplus books to contractor s. 4421s 
 
 (250) 
 
LAW oK INDIANA. 
 
 i>: I 
 
 'osell 
 'opai 
 halli 
 
 turn damaged or defective hooks 
 
 r ! o furnish books to the poor free 
 
 To report hooks furnished the poor 
 
 11 hooks to dealers at 10 per cent, discount . . . 
 y "> per cent, out of special school fund .... 
 v hall not deliver hooks to dealers except for cash . . 
 'o make monthly reports and settlements. . . . , 
 
 j)t from making quarterly report 
 
 ake annual reports 
 
 ?o see that only adopted books are used 
 
 ?o see that the name and price of the adopted books 
 
 are printed on outside covers of all books used . . 
 
 To see that a supply of books is kept on hand .... 
 
 To notify dealers of introduction of new or revised 
 
 books 
 
 r'enalty for failure to perform any duty 
 
 COUNTY SUI'KKINTKNDENTS. 
 
 s. 442 lev 
 8, 442 It 
 s. 442 hi 
 
 s. 4421hh 
 s. 442 Hi 
 
 s. 4421 hh 
 
 s. 442 Hi 
 
 s. 4421u, 442 lii 
 
 s. 4421u, 4421kk 
 
 s. 4421bb 
 
 s. 4421dd 
 s. 442 Ijj 
 
 s. 4421qq 
 s. 4421mm 
 
 To give special bond ............... s. 4421k, 4421x 
 
 Penalty tor failure to give bond .......... s. 4421k, 4421 x 
 
 To make requisitions lor books .......... s. 4421h 
 
 l'<> not it y Trustees of receipt of books ....... s. 4421h 
 
 To sell hooks to other than public schools ...... s. 4421h 
 
 To enter suit against Trustees ........... s. 4421J, 4421w 
 
 To make quarterly reports and settlements ..... K 44211, 4421y 
 
 T> le sworn to quarterly reports .......... s. 44211, 442 IN- 
 
 TO file copy of quarterly reports with Auditor. ... H. 44211, 442 ly 
 
 Penalty lor failure to report and settle ....... s. 44211, 4421y 
 
 Embezzlement to fail or refuse to turn over money or 
 
 hook, ................. s. 4421u, 4421z, 4421nn 
 
 Penalty for failure to turnover money or hooks . s. 4421n, 4421z, 4421nn 
 
 To >ee that only adopted hooks MP- u<ed 
 
 I To keep books and see that a sufficient supply is on 
 hand . . . . 
 
 To see that the name and price of the adopted hooks 
 are printed on tin- OOVerB of all honk- u-ed . . . . 
 
 To make monthly reports and settlements 
 
 To file copy of monthly report with Auditor . . . . 
 
 To -rale down requisitions 
 
 To notify dealers of introduction of new or ivvi-ed 
 
 books 
 
 Penalty for failure to perform any duty 
 
 
 6. 4421bb 
 8. 4421jj 
 
 s. 442 Idd 
 s. 442111 
 s. 442111 
 
 s. 4421qq 
 
 s. 4421qq 
 e. 4421mm 
 
252 
 
 SCHOOL LAW OF INDIANA. 
 
 DEALERS. 
 
 Allowed 10 per cent, discount s. 4421hh 
 
 Must pay cash for books s. 4421hh 
 
 Make annual statement of books on hand .s. 4421kk 
 
 Penalty for failure to report books on hand s. 4421kk 
 
 Forbidden to sell in excess of contract prices .... s. 4421oo 
 
 Penalty for overcharging for books s. 4421oo 
 
 Shall not handle or sell books on consignment .... s. 4421hh 
 
 CONTRACTORS. 
 
 To ship books to County Superintendents s. 4421h, 4421cc 
 
 To print name and price on outside covers s. 4421dd 
 
 To wrap books in packages s. 4421h 
 
 To label packages s. 4421h 
 
 To have right of action s. 4421mm 
 
 To give consent to act of 1893 s. 4421hh 
 
 To pay cost of revision s. 4421pp 
 
 To give bond s. 4421qq, 4421uu, 4421ww 
 
 To furnish blanks s. 4421kk, 442111 
 
 STATE SUPERINTENDENT. 
 
 To make requisitions r . , . s. 4421h 
 
 To scale requisitions s. 4421r, 4421qq 
 
 To print and distribute laws s. 4421ee, 4421xx 
 
INDEIX. 
 
 
 43-27 
 4385 
 
 4327 
 
 4450 
 
 4327 
 
 unt>. Auditor keeps with 
 Congressional Town-hip . 
 Auditor, keepsof land in an- 
 other county . . 
 
 .^ressioiial Town.-hip of, 
 how kept 
 
 Correction of Trustee-' . 
 Funds of divided Township 
 
 4335, 
 Funds, Congressional, how 
 
 kept . 
 
 Inspection of Trustees' . 4454, 4l-v> 
 Miscellaneous school funds 4403 
 Record of. 4441, 4442 
 
 Acknowledgment of school mort- 
 
 ga- n. 1, 4381 
 
 Action. Set- Suit. 
 
 IJy -ucce. or . n. 1"). 4441) 
 
 ]>v County Commissioner- 
 
 to recover rent . n. 2, 187 
 
 Will lie against county for de- 
 ductions from school fund n. 3,188 
 Additional branches, examina- 
 tion of teachers in. 
 
 n. 13, 442-'). 4502 
 
 Voters determine . 4491) 
 
 Administration of school svstem 
 
 4106 to 44C.4 
 Adoption of text hooks. See 
 
 Books, 
 
 Advertisement of unloaned fund-. I 
 Advertisement of funds 
 
 For school hook hids. See 
 
 Books. 
 
 Anticipation of revenue . . n. 8, 4441 ; 
 n. 1, 4442; n. 1.4470; n. X. H^a 
 Apparatus, Trustee provide- 
 
 Bee Furniture. 
 
 Appeals from director to Trus- 
 tee. 
 Fxpul.-ion of pupil . n. 1 
 
 i-pen-ion. 
 
 Appeal to County Superinten- 
 dent from Tru-tee . 
 
 < iontracto concerning n. 3, 
 
 ! 
 
 I Hi 
 
 4506 
 4506 
 
 4637 
 
 Courts, jarisdiction of. u. :;. 4. 15:;7 
 
 Appeal to County Sup't Con. 
 Dismissal of teachers . . n. 3, 
 District, abolishing . n. <>, 
 Final n. 9, 4537, 
 
 Joint graded school n. 1, 
 
 Jurisdiction of courts 
 
 n. 3, 4537, 
 Location of school house 
 
 n. 4, 5, 
 
 Notice of n. 1, 
 
 Power of Superintendents 
 Private schools . . n. 3, 
 
 Procedure . ... n. 1, 
 
 Right to bring action, does 
 
 not prevent . . . 
 
 Transfer . . . n. 1, 
 
 Trial of . . . n. 6, 7, 
 
 Trustee'- di-cretion , n. ~>. 
 Witnesses n. 1,4537; n. 1, 
 Appeal to State Superintendent 
 
 4429, 
 
 Bond . .n.l, 
 
 Evidence as to license n. 13, 
 License, refusal to grant, 
 
 n. 17, 
 Must be taken as to whole 
 
 cause n. .">, 
 
 Notice of n. 1, 
 
 Procedure . . n. 1, 
 
 Rule- n. 4. 5, 6, 7, 8, 9, 
 
 Slate Superintendent's dis- 
 cretion as to n. 11, 
 State Superintendent's de- 
 ci-ion liual ... n. 15, 
 
 Time n. 2, 
 
 Transcript n. 1, 
 
 Trial . 1. _', 
 
 Tried ,!> novo, 
 
 n. 10, 4501 ; n. 12, 
 Witne--.'- n. 1, 
 
 Apportionment of County Aud- 
 itor 
 
 SEC. 
 
 4537 
 4499 
 4499 
 4517 
 
 4429 
 
 4499 
 45: ',7 
 4537 
 4509 
 4537 
 
 4429 
 447:5 
 4537 
 4499 
 4538 
 
 4538 
 
 453S 
 
 4425 
 
 4538 
 4538 
 453S 
 4538 
 
 4538 
 1538 
 
 ( 'ounty Superintendent's 
 
 duty a- to 
 I)i>trirt to, not made . n. 3, 
 
 4538 
 1638 
 
 4486 
 
 4i:;2 
 
 4432 
 4499 
 
 (253) 
 
254 
 
 SCHOOL LAW OF INDIANA. 
 
 A. 
 
 Apportionment of County Aud- 
 itor Con. SEC. 
 Dog fund. See Dog fund. 
 Equal distribution of n. 5, 4482 
 Instructions to County Aud- 
 itor . n. 1, 4479 
 
 June apportionment 
 
 4482 
 
 Method of making is valid, 
 
 n. 1, 4486 
 
 Report of State Superintend- 
 ent. 4486 
 Rule for making . n. 4, 4486 
 Town recently incorporated, 
 
 n. 5, 4486 
 
 Validity. - . n. 1, 4486 
 
 Apportionment of loans - 4402 
 
 Apportionment by Trustee among 
 
 schools of township . . n. 3, 4499 
 Appraisement of school lands for 
 
 sale - 4344 
 
 Forfeited lands 4394a 
 
 Lands offered for mortgag- 
 ing . 4371, 4372 
 Lands remaining unsold 4352 
 Reappraisement, 
 
 4352, 4352b, 4394a 
 Appropriations, permanent, 
 
 4408, 4412; n. 1, 4423 
 State Normal 4558 
 
 Appropriations by County Com- 
 missioners because of de- 
 ficit . n. 2, 4326, 4399 
 Deficiency in sale of lands 4394b 
 Assault and battery, teacher may 
 
 be guilty of. n. 8, 12, 4505 
 
 Teacher assaulted may re- 
 cover damages for n. 2, 4507 
 Attached, defined n. 5, 4498 
 
 Attorney, State Superintendent 
 
 may employ . - . n. 2, 4413 
 
 Fee of, county must pay, 
 
 n. 5, 188; n. 4, 4326 
 Attorney -General, power to 
 
 bring suit - n. 1, 4435; n 3, 4326 
 Auditor of county, acknowledg- 
 ments may take . 4379 
 Accounts of Congressional 
 
 Township, keeps 4327 
 
 Appoints Township Trustee, 
 
 when 4440 
 
 Apportions revenues in 
 
 county . ... 4486 
 
 Bids mortgaged lands in . . 4393 
 Bond of Trustees, approves. 
 
 4439. 4440 
 
 Bond of County Superinten- 
 dent, approves . . 4424 
 Can not lend and borrow 
 
 from School fund . . n. 3, 4334 
 
 A. 
 
 Auditor of county Con. SEC. 
 
 Casting vote, gives, when 4424 
 
 Certificate 01 sale issues 
 
 when old one lost .... 4360 
 
 Deed for land sold, makes . 4395 
 
 Duty as to transfer n. 5, 6, 4473 ; 
 
 n. 3, 4374 
 
 Duty as to Congressional 
 
 funds . 4333 to 4337 
 
 Duty in election of County 
 
 Superintendent . n. 3, 4, 5, 4424 
 Fees for making loans . 4382 
 
 For transfer of Congressional 
 
 Fund 4337 
 
 For sale of land . 4345 ; n. 2, 4391 
 Income of 1'and, reports of, 
 
 received by . 4328 
 
 Interest, duty as to when un- 
 paid n. 2, 4334 
 Loans funds . 4370, 4381 
 Loans to himself void . n. 3, 4334 
 Miscellaneous fund account, 
 
 distributes 4403 
 
 Negligence of n. 4, 4375 
 
 Notice of deficit 4.S2(> 
 
 Of sale of lands . . . 4391 
 
 Oaths, administers - 437!) 
 
 Penalty for failure to report 4481 
 As to miscellaneous fund . 4405 
 Relator in suits, when . n. 1, 4390 
 Reports, condition of funds. 4398 
 Of land in adjoining 
 
 county 433<> 
 
 Of revenue for apportion- 
 ment . 4478, 4479 
 Resale, makes of land - 4347, 4351 
 Sells mortgaged lands . 4383, 4392 
 School lands 4345 
 Statement as to number of 
 
 children 4333 
 
 Suits, brings for deficits . 4355, 4390 
 To recover possession of 
 
 lands mortgaged . 4383, 4383a 
 Subrogation on part of pur- 
 chaser . . n. 14, 4392 
 Tax extends on duplicate . 4468 
 How to manage transfers . n. 3, 4474 
 Trustees' books, examines 
 
 4454, 4455 
 
 Warrant draws for bor- 
 rowed funds 4873 
 Waste, suit brings for . . . 4350 
 When must bid n. 13, 4392 
 Auditor of State, draws warrant 
 
 for county funds 4484 
 
 For expense of State Board 
 
 of Education 4423 
 
 Authority of two members of 
 
 Board n. 26, 4501 
 

 Balance, unexpended, how de- 
 termined . n. 7, 
 Ballots for sale oC lands, kind 
 
 " -nk tax, part >f school fund. 
 
 k stock, taxing ... n. ">, 
 jia-t- to -chooU .... 
 
 Bonds to aid . . . 4513 to 
 
 Will, sufficiency <>*' . n. 4, 
 
 Bible, not excluded fn>m school 
 
 How u-cd n. 1. 2. 3, 
 
 Blanks, Stati- Superintendent 
 
 prepares 
 Furnishing County Super- 
 intendent with . n. 2, 
 rd of County Cmmissioner-, 
 accounts of Trusto 
 ainint- 4454, 
 Boundaries of township de- 
 
 tim- . . n. 1, 
 
 Deficit in funds made up . . 
 Dismiss County Superin- 
 tendent . ... 
 F.xamine report of Auditor 
 
 and Treasurer 
 
 Intere-t. pay- up ... 
 Lands, order sold 434'"). 
 
 Report concerning loans, 
 
 make . . . 
 
 School-house, can not build, 
 
 n. 1. 
 School taxes, no control 
 
 over . n. 3, 8, 9, 
 
 Special sessions, power of 
 
 at n. \'2, 
 
 Board of Kdncation. SceCoiintv 
 Hoard of Kducation, State 
 Hoard of Kdncation. and 
 School ( 'ommi iom-r-. 
 Board of School Tru-tces absent 
 of majority eiitial to va- 
 lidity of order . n. 22, 
 Bond on appeal . 
 Hotid, borrowed money, does not 
 
 cover n. 1, 
 
 Can not be enjoined n. \:\, 
 ( 'over- both civil and school 
 
 town-hip . n. It, 
 
 Dama.iro in -uit on. n. 13, 
 Individual re-pon.-ihility of 
 memlicr- n. 2 X , 
 
 Liability of officer and surety 
 
 on n. 10, 
 
 School F>oard'> . - . 
 School Trn-t. - 
 
 Superintendent of County of 
 When two hoard* act to- 
 ner ii 
 
 Woman's 
 
 INDEX. 
 
 1482 
 
 4:541 
 
 4325 
 4467 
 
 4616 
 
 44:;: 
 4 !'.:; 
 4493 
 
 4415 
 
 4456 
 
 4: ',31 
 4326 
 
 4424 
 
 4399 
 
 4 :!_'; 
 
 436S 
 
 4514 
 
 4441 
 
 4439 
 4-")38 
 
 4440 
 
 4446 
 1440 
 
 4501 
 
 M 10 
 443! 
 4440 
 1424 
 
 B. 
 
 265 
 
 
 >^< 
 4-")27f 
 
 1488 
 
 4l!l 
 4488 
 
 Bonds, for library building . . . 
 
 Tax to pay . .... 
 
 Bonds, for school buildings. . . 
 
 Basis of valuation for i--ue. 
 
 n. 3. 1488 
 Bequest to aid in building, 
 
 4514 to 4516 
 
 By whom issued . . n. '_'. 
 
 City may srll . . 
 
 Consent of Council nccc->arv 
 Constitutionality of law n/7, 
 Contract for ground, author- 
 
 i/.c- isMiing of - n. 1, 
 
 Donations to aid 4514 to 451 (i 
 
 Kxcessive indebtedness . n. i\. 44>s 
 
 Bonds, in cities . - 44 ( .f_ ) a 
 
 Bonds, oflicial, suit on ... n. 5, 4437 
 
 Bonds, in large cities. ... 44(>4a 
 
 Legalizing issue of n. 1, 4490 
 
 Liability of Trustees for. n. 4, 4488 
 
 Limit of isMie n. 3, 4488 
 
 Proceeds of, use 4489 
 
 Purchase off land, can not 
 
 i.->ue for . n. "), 4488 
 
 Sale by Township Trustee . 4516 
 School Commissioners mav 
 
 i-Mie. 4460, 4464a 
 
 Special tax to pay . 4490 
 
 Surplus revenue paid on . . 44'.<2 
 Township Trustee may is>iic. 
 
 when ..... ' 4514 to 4516 
 Towns may sell . ... 4488 
 
 Transferred taxed to pay 
 
 n, 5, ^ 7, 4490 
 Void, not, school house lo- 
 cated outside of town. 
 
 n. 8, 4488 ; n. 5, 4490 
 When may be issued n. S. 1111 
 Books, advertising for bids. 4421c 
 
 Adoption for high schools, 
 
 n. 4. 4486 
 
 Advertising for manuscript-, \ \'2\<\ 
 Afl'nlavit of bidders . 44'Jlc 
 
 Appropriations forexpen---, 
 
 44210, 142 lu 
 
 Attorney'- fees, when re- 
 coverable, 
 
 H21J. 44211. 1421v, 1421 x 
 
 Author to revise book- 4421(j<i 
 
 P.id- to furnish . 1121.-. 4121. j 
 
 Condition- of H21c, 4421q 
 
 Investigation of H21c. 4l21<i 
 
 Openin-<-f 1121.1. H21.| 
 
 Rejection of. ... 1421.-, 4421<j 
 
 Bidder, interest .if. 4421c 
 
 Bond of County Superin- 
 
 tendent. . ' 1421k, 4421 w 
 
 Branchc- of -tndy . . . 11211. 
 
 Ca-h. sold for. . ..... 4121h 
 
256 
 
 SCHOOL LAW OF INDIANA. 
 
 B. 
 
 Books Con. SEC. 
 
 Change of 4436 
 
 Choice of n. 2, 4421b 
 
 Constitutional, act of 1889 
 
 is ... n. J, 4421b 
 
 Contract for printing manu- 
 script . . 442 le 
 Not to be impaired .... 4421ee 
 
 State not liable on .... 4421 d 
 
 Contractor, damaged books, 
 
 charged with . . . 4421 bb 
 
 Bond of, new . - 4421 ww 
 
 To file consent. . 4421 hh. 4421 pp 
 Payment of ... 442if, 442 Iz 
 Keports to . . . . 4421z 
 
 Requisitions upon . - . 4421 v 
 Reshipment to .... 4421o 
 
 Ships books . 4421h, 4421bb 
 
 Copyright, gift to State . . 4421c 
 County Board of Education 
 
 considers ...... 4436 
 
 County Superintendent, laws, 
 
 distributes 4421dd 
 
 Liability for failure to re- 
 port 44211 
 Makes requisition for ... 4421 h 
 Notifies Trustees 4421h 
 Reports to contractor 44211, 442111 
 
 Sells. 4421h 
 
 Suits, brings . 4421 j 
 
 Damaged, returned to con- 
 tractor - . 4421bb 
 Debt, can not be contracted 
 
 for by Trustee . . 4421 o 
 
 Defective, returned to con- 
 tractor . 4421bb 
 Duty of merchants and 
 
 dealers 4421kk 
 
 Effect of act of 1889, 1891, 
 
 1893 ... n. 4, 4436 
 
 Embezzlement - . 4421 n, 4421y 
 Excessive charge for, pen 
 
 ally 4421m 
 
 Failing to report right of 
 
 action . . . 4421mm, 4421nn 
 Free, when . - . . 4421 1 
 
 Furnishing 4421h 
 
 Gift to State 4421c 
 
 Grading . . . 4421b 
 
 Grammar, advertisement for 4421 q 
 Intermediate 4421 rr 
 
 History of United States, ad- 
 vertisement for . - . 4421 q 
 How obtained . . . n. 5, 4436 
 
 Interest of bidders ... 4421c 
 Kind and requisites. . 4421b 
 Labels for . . . 4421 cc 
 
 Laws, distribution of 4421dd 
 
 Legislature may provide n. 6, 44c6 
 
 B. 
 
 Books Con. SEC. 
 
 Number required, certificates 
 
 to * ' ' . 4421h 
 
 Officers to supply sufficient 
 
 books . 4421 jj 
 
 Old books, disposition of . 4421h 
 Orders for . 4421 h, 4421 r 
 
 Packages of, not to be broken 4421 bb 
 Partisan, forbidden 4421b 
 
 Pay of contractor 4421 f, 4421 o 
 
 Of Trustee 4421 u 
 
 Payments, failure to make . 4421y 
 Report concerning . 4421 u 
 
 Physiology, advertisement for 4421q 
 Poor receives free , 
 
 n. 11, 4444, 4421 b, 4421c, 4421t 
 Preserved by Trustee, how 4421bb 
 Price furnished at to State, 
 
 4421d, 4421q 
 
 To patrons 4421 h 
 
 Printed on cover .... 4421 cc 
 
 Trustee liable for . . . . 4421 h 
 
 Printing, contracts for 4421e 
 
 Proclamation of Governor . 4421g 
 
 Publishing, State may . . . 4421 e 
 
 Receipts for books . 4421 h, 4421 o 
 
 Repeal of laws . . . 4421 v 
 
 Report of sales . . . 4421o 
 
 Report of sale, failure to 
 
 make 4421J, 4421v 
 
 By County Superintend- 
 ent. ... ... 4421x 
 
 By Trustee 442 li 
 
 To contractor 44211 
 
 Requisitions for books . . . 44211 
 
 Limited . . 4421r 
 
 Revision, frequency of . . 442 Itt 
 
 Standard of. . ... 4421 uu 
 
 To be scaled 4421 qq 
 
 Sale to merchants or dealers, 4421 ii 
 Sale for more than contract 
 
 price a misdemeanor. 4421 oo 
 Sectarian forbidden . . 4421 b 
 Shipment, how made. . 4421bb 
 Size . . . 4421b 
 
 Spelling - book, advertise- 
 ment for 4421q 
 State Board of Education a 
 
 Board of Commissioners 4421b 
 Duties 4421b, 4421 q 
 
 May sell old books . 4421h 
 
 State Superintendent makes 
 
 requisition for books . . . 4421h 
 Prints and distributes laws . 4421dd 
 State Board to meet . - . . 442 Iss 
 Suit against Trustee . 4421v 
 
 Against County Superin- 
 tendent. . . . 4421x 
 Supplemental act of 1891. . 4421 ee- 
 
INDEX. 
 
 257 
 
 .ert ities number re- si:c. 
 <|uind . 4121h 
 
 Compelled to use. . n. 2, 4l2lh 
 
 Damaged, return-. . . 4421bb 
 Furnishes patrons. . . . 4l2ih 
 
 Liability concerning. . . 4121v 
 
 < )ver-cha ruing 4421 in 
 
 Pay . . 4421t 
 Payment over of money 
 
 ved 41211 
 
 -onal liability .... 4421o 
 
 Procures books . . . 4421i 
 
 Report- payment - 4421u 
 
 orts number on hand. 4421u 
 
 Report-, number sold . . 4421o 
 
 Requisitions for, makes . 4421r 
 
 rniform n-e made of . . . 4421 / 
 
 Use of , to be uniform . . . 4421/ 
 
 boundaries <.f Town-hips, how 
 
 Dilated. . . . 
 irihery of public officer, n. :;.",. 4441 
 branches taught, district meet- 
 in y- determine 4 P.-'.' 
 
 ( ierman 44D7 
 
 What shall be taught. , 44'.'7. 41'.'!' 
 Building-. Sec h<>! 
 iJureau of Statistics. County 
 Superintendent furnishes 
 
 -tati,ticsto,ti. :;. 44:;i ; 4, 5, 4433 
 
 ( 'alendar.a- to term. week, month 44'.'") 
 Care of school property , n. It'.. 4444; 
 
 n. 2 
 
 Ca-h -ale- of -ch..ol land-. . n. 1. 
 Ca-h advance*! to teacher . n. 4-"., 4-~>ol 
 Certificate of lien- >n land 4:I7"> 
 
 of purcha-e 4363, 4:;:.';. 
 
 Chart-. ( oiinty Hoard of Kduca- 
 
 t ion considers . . . 
 
 Children, a ire of. ....... 1 172 
 
 ( 'olored. how provided for 4 P. : ii 
 Fnnmeration of . 1 PI". 41:'.:',. 4172. 
 to 1476 
 
 itie- not t-ntitled to dou-tax. n.">. 4 I s 7a 
 laim-. payment of. enforced by 
 
 mandate . n. 7. 4 I 12 
 
 Cla itication of --lio,,U . n. 1. 1 -j 
 
 Of pupiU n. 14. 4114 
 
 College iund, State Auditor loanfl 
 
 n. 17. 1326 
 
 children, convenient 
 entitled to, 
 
 n. :.. 1>2: n. 2. \l\n\ 
 I >i-cretii>n of -chool ntlicer-. 
 
 n. 1. 
 
 Distinction can not be made IP", 
 
 Fnnmeration of . . . . n. 7. 147'J 
 
 4:;'; 
 
 1 \:\>\ 
 
 Colored children < 'n. 
 
 Kipial pr: i-t have. 
 
 n. 3, 44'.n; 
 
 (irailed schouN may attend. !!'.' 
 Law> concerning, valid . n. 1, 44'.Mj 
 Schools for 
 
 rate -rhool.s for . . 
 Mandate to compel . . 
 Permitted 
 (Jommis.-ioner-. See Board 
 
 County ( 'ommi>-ionersand 
 School ( oinmisMoncrs. 
 Common Council, authori/es is- 
 of l.on.N for . ... 
 Appoints school boards . . 
 Levies local tuition tax 
 Common law of the school . 
 
 n. 5, 
 
 n. 4. 
 
 n. 5, 44% 
 
 of 
 
 .. 4488 
 . . 4439 
 . n. 1, 4469 
 n. 11, 4505 
 
 Compensation of teacher not af- 
 fected by failure to send 
 to school ..... n. 22, 4501 
 
 Conditional deed ....... 4491 
 
 .regional township, account 
 
 of, how kept ..... 4327 
 
 Apportionment of loans 
 
 among ......... 4402 
 
 Boundaries of ..... 4331 
 
 Care of lands of . . n. 1C.. 17. 4441 
 Children in, enumeration of 
 Funds of ...... l:;-j:> to 4337 
 
 Consolidated ..... n. 1, 183 
 
 Diminished, may not be . 4l>', 
 Lands of , . 4:;js t o 4330 
 
 line from, how appor- 
 tioned ...... 4480 
 
 Contempt-, tines for belong to 
 
 -chool fund ..... n. 7. 4325 
 
 Conte-t . ...... n. 50, 4439 
 
 Contracts of trustees, generallv. 
 
 n. IS, 1H4 
 
 r.enetit to township, mu-t be 
 
 n. 2, 4438c 
 Can not contract with thcm- 
 
 -elves as individuals . n. 2S, 4439 
 Must not contlict with law, 
 
 n. L5, 1-"! 
 
 Rescinding contract . . n. 17, 4501 
 ^plaint on. what mu-t 
 
 >how. n. 13, 4337 
 
 Contracts hind town-hip 
 
 unlv when authori/ed bv 
 
 law . . . . n.'l-J. 44:57 
 
 .ditions pre<-edent n. 4. i:'.'JH 
 
 Perio<l license mu-t cover to 
 
 make valid contract . n. 1'.', 4"><>1 
 Ratification of . . . n. :','.. ! \:\'.> 
 Void ,-ontract. . n. IS, 4501 
 
 With dc/acto board valid n. 2:;. l-^'i 
 County Hoards of Education 
 
 can not make .... n. 3. 
 
 : , S. 
 
258 
 
 SCHOOL LAW OF INDIANA. 
 
 C. 
 
 Contracts of trustees Con. SEC. 
 
 Dictionaries, purchase of 
 
 n. 12, 4444 
 Employment of teachers, 
 
 4501 and notes. 
 House, school trustees make, 
 
 . n. 2, 5, 4437 
 
 How made .... n. 13, 4444 
 Intent to bind township n. 3, 4437 
 
 Maps n. 12, 4444 
 
 Notes. See Notes. 
 
 Old board may bind new 
 
 board by n. 13, 4439 
 
 Power to make . . 4437, 4438 
 Teachers. See Teachers. 
 Township Trustee's power 
 
 to make .... n. 11, 4438 
 
 Contributions to joint schools, 
 
 n. 3, 4444, 4513 
 
 Trustee interested in . n. 27, 4439 
 Coroner, property found on dead 
 
 bodies n. 13, 4325 
 
 Corporal punishment . . . n. 12, 4505 
 
 Discouraged n. 25, 4505 
 
 Objects and purposes of . n. 33, 4505 
 Teacher not liable for when 
 
 n. 13, 4505 
 
 When teacher may not in- 
 flict n. 39, 4505 
 
 Corporations may be assessed for 
 
 schools . .... 183 
 
 City is for school purposes . 4438 
 Designation in suit . . . n. 3, 4438 
 School district for civil, 
 
 n. 2, 4437 ; n. 6, 4438 
 
 Town is for school purposes 4438 
 
 Corporations, de facto . . . n. 29, 4439 
 
 Costs, when not allowed in suit . 4535 
 
 County liable for school fund 
 
 n. 5, 4326 
 School house, can not 
 
 build n. 5, 4517 
 
 County Auditor. See Auditor. 
 County board of Education, 
 
 members of 4436 
 
 Acts of 1889 and 1891, ef- 
 fect of n. 5, 4436 
 
 Adjourned meetings . . n. 1, 4436 
 Adoption of books . . n. 4, 4436 
 Contracts, can not make . n. 3. 4436 
 County Superintendent pro- 
 vides 4436 
 
 Course of study . . n. 2. 11, 4436 
 
 Duties . 4436 
 
 Meetings n. 1, 4436 
 
 Quorum n. 2, 4436 
 
 Rules, prescribing . . . n. 2, 4436 
 County Commmissioners, County 
 
 Superintendent, removes . 4424 
 
 C. 
 
 County Commissioners Con. SEC. 
 
 Deficit, make good . n. 2, 4326 
 Discriminate against county 
 
 officer, should not . n. 2~>, 44:M 
 Funds, examine reports of . 4399 
 Must make reasonable al- 
 lowance for incidental ex- 
 pense of County Superin- 
 tendent n. 2, 4433 
 Report condition of funds 
 
 4336, 4400 
 Sales of land, ordered by 
 
 n." 1, 4345 
 School houses, can not build 
 
 n. 1, 4514; n. 5, 4517 
 School taxes, no control 
 
 over n. 3, 4467 
 
 Sessions to receive reports 
 
 n. 12, 4441 
 
 Settlement with school of- 
 ficers 4399 
 
 Settlement with county of- 
 ficers does not conclude 
 the State . . . n. 4, 188 
 
 Trustees' accounts, inspects 
 
 4454, 4456 
 
 Trustees, may remove . 4456 
 
 County Institute, see Institute 
 
 (county). 
 
 County Seminary, can not pur- 
 chase n. 7, 4438 
 
 County Superintendent, accounts 
 
 of Trustees examines . 4454, 4455 
 Address of, sent to State 
 
 Superintendent 4424 
 
 Agents for sale of books, can 
 
 not be 4424 
 
 Allowance of claim, effect, 
 
 n. 3, 4433 
 Appeal to and from. See 
 
 Appeal. 
 Appointment by Auditor, 
 
 n. 3, 4424 
 Apportionment, superintends, 
 
 4432, 4434 
 
 Blanks for n. 2, 4433 
 
 Bond and approval, 
 
 4424, and n. 24, 4424 
 Failure to give . . . . n. 24, 4424 
 Under acts of 1889 and 1891, 
 
 4421k, 4421 x 
 Books. See Books. 
 Chairman of County Board 
 
 of Education - * . . . 4436 
 Charges preferred against . 4424 
 City schools, has no control 
 
 over 4429 
 
 Claims, collects 4435 
 
 Compensation 4433 
 
259 
 
 G 
 
 Bounty Superintendent Con. 
 
 ( 'oiir-e <if ftudy, when, may 
 
 area ii iif n. ">. 
 I>eri-ion final as to location 
 
 i.I M-hool IK. use. . n. 9, 
 
 I>eprived of otlife, can not 
 
 In- n. 4, 
 
 I >i>cretion not controlled by 
 
 courts n. '_''). 
 I>i-mi-<al. appeal from . n. i. 
 Duties generally 
 
 I In examination 
 As to >chool fund .... 
 Legislature inav prescribe, 
 n. 6, 
 Election, when 
 Ac.jiiiescence in election 
 of n. 14, 
 
 Appointment for city, reg- 
 ularity of. . n. 17, 
 Auditor" voting. . n. 20, 21, 
 
 Ballots n. 13, 
 
 ' .i-tiiivc vote 
 
 Chairman. Auditor voting 
 
 for n. 21, 
 
 C'itv Trustees can not vote 
 
 for. n. 23, 
 
 De jure officer. . . . n. 22, 
 I >i-puted ....... 
 
 Evidence of n. 13, 
 
 Illegal vote n. 18, 
 
 Illegal ruling of. . . n. 28, 
 
 Libel of n. 9, 
 
 Mandamus will lie to com- 
 pel i nance of license, 
 when. n. 26, 
 Meeting of Trustees to 
 elect n. :'., 
 
 Ministerial dutv of. . n. 29, 
 
 M.l. . . . 
 
 (Quorum necessary . . n. 2, 
 
 ..r.l of. ...*.. n. 12, 
 
 ilarity of - . . n. 8, 
 
 rted to State Superin- 
 tendent 
 
 Tie n. 20, 21, 
 
 Town Tru-tn-s can not 
 
 vote for n. 21. 
 
 Tru-tees elect 
 
 Failure to elect , n. .">, 
 
 Tru-tee voting for him- 
 self . n. 1*, 
 
 Pr. -cut and not voting 
 
 n. 1. 
 
 Who elect him . . 
 
 -ion- not reviewed by 
 count-. . . . . . . n. '.'. 
 
 Decisions, final . . n. 10, 
 Elevates standard of schools 
 
 4429 
 
 4499 
 
 4124 
 
 4425 
 
 4424 
 
 4 4 1'.') 
 4436 
 
 4436 
 
 4424 
 
 4424 
 
 4424 
 4424 
 4424 
 
 4121 
 
 4424 
 
 4424 
 4424 
 4424 
 
 4424 
 4124 
 
 4436 
 
 412--) 
 
 4121 
 412:. 
 4424 
 4424 
 4424 
 
 1121 
 
 4121 
 4424 
 
 1121 
 4121 
 4121 
 
 1121 
 
 4121 
 4424 
 
 4587 
 1637 
 4429 
 
 C. 
 
 Count v Superintendent Con. SEC. 
 
 Kliirihility n. G, 4424 
 
 Enumeration, duty to make 4431 
 Examines teachers . . 4 12~> 
 Expense-, of, reasonable al- 
 lowed n. 2, 4433 
 
 Fines collects -11:;.') 
 
 Forfeit H res collects .... 44:jr> 
 
 Institute, holds l-Vj:; 
 
 Interest, collects . . . 4434, 44::.') 
 
 Laws, distributes 4421dd 
 
 Liabilitv for refusing license 
 
 n. 16, 4425 
 
 Libeling . n. 9, 4436 
 
 License fees, may collect . . 4435 
 Licenses. See licenses. 
 Mandate to compel surren- 
 der of records . . n. 15, 4424 
 May examine Trustees' 
 
 books n. 4, 4456 
 
 Member of Board of Edu- 
 cation 4436 
 
 Mileage, not entitled to . n. 1, 4433 
 
 Oath 4424 
 
 Office for . . n. 10, 4424 ; n. 4, 4433 
 
 Opinions, gives 4429 
 
 Orders of State Board, car- 
 ries out 4429 
 
 Ousting from office . . n. 4, 4424 
 
 Pay 4433 
 
 Powers of, not judicial . n. 16, 4425 
 Postage . . n. 2, 4433 
 
 Private examinations, can 
 
 not make 4427 
 
 Private schools, reports con- 
 cerning n. 2, 4431 
 
 (Qualifications of 4424 
 
 Receipt, takes from succes- 
 sor. 4428 
 
 Recognition by State Super- 
 intendent, effect . . . n. 7, 4424 
 Recognizance, collects . . . 4435 
 
 Record, keeps 4428 
 
 Proof of contents of . n. 2, 4428 
 Records, examines .... 4435 
 liVport of apportionment . 4432 
 
 Contracts 4431 
 
 Failure to make .... 4431 
 
 Special 4i::i 
 
 Statistics . . . 4431 
 To State P>oard of Educa- 
 tion 4428 
 
 Transfers 4468 
 
 P. -L r nation. withdrawal, n. 16, 4424 
 
 Revokes license 4426 
 
 School examiner, duties of, 
 
 performs 4424 
 
 Should not be discriminated 
 
 against n. 25, 4424 
 
260 
 
 SCHOOL LAW OF INDIANA. 
 
 C. 
 
 County Superintendent Con. SEC. 
 
 Stationery, furnishing . n. 2, 4433 
 Statistics, reports, 
 
 n. 3, 4431 ; n. 4, 5, 4433 
 
 Suit, institutes 4435 
 
 Teacher, examines 4425 
 
 Term . '. . . . n. 11,4424 
 
 Township institute, attends. 4429 
 
 Vacancy in office 4424 
 
 Visits schools 4429 
 
 Duty to make .... n. 2, 4429 
 
 Number n. 1, 4433 
 
 Women ineligible to office 
 
 of. n. 1, 4540 
 
 Course of study, how prescribed, 
 
 n. 2, 4436 
 By County Superintendent, 
 
 n. 5, 4429 
 
 By Trustee . n. 14, 4444; n. 5, 4429 
 Courts, jurisdiction of . . . n. 3, 4537 
 Not abridged by school law. 4429 
 Will not review discretion- 
 ary acts if not abused, 
 
 n. 35, 4444 
 
 D. 
 
 Damages, Trustee liable for 10 
 
 per cent . 4441, and n. 7, 4441 
 Amount of for wrongful dis- 
 charge of teacher n. 13, 4501 
 Day, school day, board may fix 
 
 n. 25, 4439 
 Dead bodies, property on belongs 
 
 to schools n. 13, 4325 
 
 Debts for future supplies . . n. 8, 4441 
 Complaint to recover . n. 8, 4441 
 Liability of township upon, 
 
 n. 8, 4441 
 
 Limit of n. 7, 4467 
 
 No authority to incur debt, 
 
 n. 3, 4329 
 
 Order of County Commis- 
 sioners to create . . n. 11, 4441 
 Orders without considera- 
 tion .... . . n. 8, 4441 
 
 Public officers not answerable in, 
 
 when . . n. 11, 4501 
 
 Tax to pay 4471 
 
 Deductions from school fund, 
 
 recovery of ... n. 6, 4325 
 Deed, evidence of what n. 2, 4395 
 
 Conveyance made good by 
 reference to another deed 
 
 n. 15, 4392 
 
 Forfeited bonds 4395 
 
 Recording n. 1, 4395 
 
 Sale. See sale. 
 
 Tender of . n. 3, 4395 
 
 D. 
 
 Deed, Trustee, execution, sale of SEC. 
 school house 4511 
 
 What is a conditional deed, 
 
 n. 4, 4508 ; n. 1, 4511 
 De facto and de jure officers 
 
 acting n. 35, 4501 
 
 Defalcation, liability of 
 
 members in . n. 42, 4439 
 Deficit on foreclosure of mort- 
 gage . . . 4326 
 Design illegal, effect of . . n. 49, 4439 
 Devotional exercises . . . . n. 3, 4493 
 Dictionaries, purchase of . n. 12, 4444 
 Direct trust, management of 
 
 school fund is .... n. 2, 188 
 
 Director, appeal from 4506 
 
 Appointment .... 4498 
 Certificate of vote . . . n. 10, 4498 
 
 Death n. 2, 4498 
 
 Duties 4503 
 
 Election 4498 
 
 Excludes pupil 4505 
 
 House, has charge o| . . . 4504 
 Janitor, employs . n. 3, 4504 
 Local agent, acts as . . n. 1, 4503 
 Meetings, presides at . . . 4503 
 Notice of meetings jurisdic- 
 
 tional n. 11, 4499 
 
 Oath . 4498 
 
 Removal 4498 
 
 Repairs, makes 4504 
 
 Resignation n. 2, 4498 
 
 Selection n. 2, 4498 
 
 Term of office n. 3, 4498 
 
 Vacancy 4499 
 
 Visit schools 4505 
 
 Discipline, teachers' powers . n. 4, 4505 
 Conduct out of school . . n. 4, 4505 
 Corporal punishment, n. 8, 18, 4505 
 Distance to school must be reas- 
 onable n. 2, 4496 
 
 Districts, abolished, 
 
 n. 21, 4444; n. 7, 4499; n. 1, 4437 
 Choice of by*patron . . . n. 4, 4472 
 Corporation, was not . . n. 3, 4499 
 Council creates in a large 
 
 city 4458, 44C.O 
 
 Meetings in n. 1, 4499 
 
 Called 44!)!) 
 
 Trustee's discretion. . n. 11, 4537 
 When attendance is only 
 
 four n/34, 41-H 
 
 Persons forming 4472 
 
 Voters 44!)8 
 
 Districts, formation of in towns 
 
 or cities . .... n. 36, 4437 
 
 Distribution of fund 1 8") 
 
 Ditch, liability of school land for 
 
 construction n. 3, 4339 
 
261 
 
 D. 
 
 Divided -chool section, what 
 Trustee manage- .... 
 Tr.-mWer of power .if. . 4M:52 to 4336 
 Divi-ionof revenue on formation 
 
 of t.\vn n. 5, 4486 
 
 Dockets. County Superintendent 
 
 examines 4435 
 
 mini. . . . 41^7: 
 
 Distribution . - n. 1. 44s7a. 44*7b 
 Explanation concerning, 
 
 n. 13, 4487a 
 Mode of distribution . . n. 1, 41-7;i 
 
 Surplus .... 
 
 Dog-tax, disposition of, 
 
 n. 1, 3, 4. r>, 44>7a 
 
 Donations to build school-house . 4">14 
 r,,,nds to aid. . 4^14 to 4516 
 
 Doors must swing outward . . . 4500a 
 Locking for morning exer- 
 
 . . n. 25, 4444 
 T )rainage, .-chool lands not liable 
 
 for assessment of . . n. 3, 4339 
 Duty, of Commissioners, as to 
 
 school fund n. 5, 188 
 
 E. 
 
 4424 
 4439 
 4498 
 
 4 1~>7 
 
 44W 
 
 4440a 
 
 Flection-. SIT Sale. 
 
 ( >f ( 'oiintv Superintendent . 
 
 Of City S'chool Trustee . . 
 
 Director. . . . 
 
 of School Commissioner. . 
 
 Of Town Tru-tec .... 
 
 Of Town>hip Tru-tee . . . 
 
 Eligibilitvoi Township Trustee. 
 
 n. 8, 44 in 
 Fmbe//lement. liability for school 
 
 book- . 4421J, 4421v 
 
 Mixingfunds. . 3,4442; n. 1,4441 
 
 I Foe 'f money i- not . . n. .".. I ll'i 
 
 Employment of teachers 4444, 45u] 
 
 Time of. in township . 4501a 
 
 Employment ly school town, 
 
 n. 5 
 
 Employment by Town-hip Tru-- 
 . n. J] 
 
 Fminent domain, t< appropriate 
 land for -chool h" 
 
 1517 U) 1619 
 Endowment fund. State Auditor 
 
 loans . ..ii.l7. }.'>_'"> 
 Enumeration. a.ue of pupil- 
 enumerate 1. . ... 4 172 
 :'-hment to schools ... } 172 
 Chanire of >elio..U. when al- 
 lowed. 1172 
 
 Choice of BChoolfl n. 4. 5, 4172 
 >red pupil.s . - \ 172. n. 7. 1 172 
 
 4i:;: 
 
 E. 
 
 Enumeration ' '<>. SEC. 
 
 Congress i.nxil in Township, 
 
 number in , . 4333 
 County Superintendent take- 44:>o 
 Detaching from schools . n. 4. 4472 
 District- formed by 1472 
 Failure to make ellccts reve- 
 nue . . 4431 
 Filed with County Superin- 
 tendent 4475 
 
 How made 4472 
 
 Minor, when of age. . . n. 1, 4472 
 Non-resident pupils. . . n. 3, 4472 
 Oath as to 4475 
 
 Report as to Township in 
 
 two or more counties . . 4476 
 Residence of minor . n. 2, 10, 4472 
 Special report as to Congres- 
 sional Township . 11. 1, 4476 
 State Superintendent's re- 
 port concerning . . . 4409, 4410 
 Township in two or more 
 
 counties . .... 4476 
 Transferred persons in- 
 cluded . ... 4472, n. 6, 4472 
 
 Trustee makes 4472 
 
 When made 4472 
 
 Who may be enumerated, 
 
 n. 1, 10, 4472 
 Young children under six . 
 
 n. 8, 4472 
 
 Epidemics, closing school 
 on account . n. 2S. 4444; 
 
 n. 21, 4501 
 
 FSI -heated lands . n. 8, 4:'25 
 
 Escheated real estate n. 4, 183 
 Escheats, not self-executing 
 
 , n. 8, 4325 
 
 F-t i mate of expense of build- 
 in- . . . . . 4500 
 
 F-toppel. acquiescence in, 
 
 sale of scnool lands . n. 1, 4354 
 Indebtedness, conte-tinu 
 
 n. 15, 4437 
 
 F-tray fund ... n. 1. 5. 4826 
 F-t ray-, -ale of ... n. 4, 183 
 
 Money derived from sale of 
 belonir- to common -chool 
 fund . n. 5, 
 
 iys and property adrift . 
 uination. add it iona 1 
 branches ...... B. 1-. 442.-. 
 
 n. 2. 1 127 
 ( 'oiinly Su pe r i n t e n dent 
 
 mak' ! 125 
 
 Evidence of character. 
 
 n. 7. 10,4425 
 Incompetellev to -oVeril 
 
 .school . . . . . . n. 1, 4425 
 
262 
 
 SCHOOL LAW OF INDIANA. 
 
 E. 
 
 Enumeration Con. SEC. 
 Judicial act in granting li- 
 cense n. 22, 4425 
 
 License. See license. 
 Notice of . . . . n. 2, 4427 
 
 Private, forbidden. . . 4427 
 
 Professional license, 4422 ; 
 
 n. 15, 4425 
 
 Public, must be 4427 
 
 Record of license 4428 
 
 Special fitness - n. 9, 4425 ; 4502 
 Traffic in questions . . . 4421a 
 
 When held n. 1, 4427 
 
 When not necessary .... 4425 
 Execution of process . . . 4536 
 Exercises, devotional . . n. 3, 4493 
 Expenditures, record of kept 
 
 by Trustee 4441, 4442 
 
 Expulsion of pupil .... 4505 
 Act necessary to . . . . n. 7, 4505 
 
 Appeal from 4506 
 
 By Trustees of city or 
 
 town n. 1, 4505 
 
 Pleadings in suit to re- in- 
 state n. 11, 4472 
 
 Expulsion, teacher. See 
 
 teacher. 
 Truancy n. 1, 2, 4505 
 
 F. 
 
 Fees, deducted from school fund, 
 
 can not be . . . . n. 3, 4, 4325 
 
 Auditor, for transfer of 
 
 Congressional funds . . . 4337 
 
 Auditor's, for sales . . . 4345 
 
 Can not be deducted from 
 school fund . . n. 6, 4325 
 
 Should be paid out of the 
 general county fund . . n. 5, 188 
 
 Loans, rate for 4382 
 
 Part of tuition fund .... 4325 
 
 Treasurer's, for sales . . . 4345 
 Females' eligibility to school 
 
 office 4540 
 
 Bond 4541 
 
 Validity of law ... n. 1, 2, 4540 
 Fines belong to school fund . 183, 4325 
 
 Contempt fines belong to 
 \ fund n. 7, 4325 
 
 County Superintendent col- 
 lects . ... 4435 
 Forfeitures, belong to school 
 
 fund 183, 4325 
 
 County Superintendent col- 
 lects 4435 
 
 Effect of n. 4, 4347 
 
 F. 
 
 Forms, State Superintendent SEC:. 
 prepares .... . . 4415 
 
 Book-keeping, superintends, 4416 
 Fuel, director furnishes . . . n. 2, 4504 
 
 Fund, account of 4327 
 
 Must be devoted to the sup- 
 port of the common 
 schools .... n. 1, 2, 184 
 
 Advertising for loaning . . 4369a 
 Auditor can not lend and 
 
 borrow n. 3, 4334 
 
 Attorney fees in protecting, 
 
 county pays ..... n. 4, 4326 
 
 Bank tax 4325 
 
 Bonds to supply deficiency in, 4405a 
 Common school fund defined, 4325 
 Congressional township, 
 
 4325 to 4337 
 Corporations may be taxed 
 
 for 18a 
 
 County liable for, 
 
 186, 187, 4326, n. 5, 4326; 4405e- 
 Auditor may sue for 4404 
 
 Commissioners, duties as 
 to ..... . . 4399, 4400' 
 
 Dead body, money found on 
 
 belongs to n. 13, 4325 
 
 Deductions from, recover- 
 able n. 4, 6, 4325 
 
 Deficit in, notice of, 
 
 n. 4, 4325 ; n. 2, 4326 
 Deficiency on sale of land . 4394b 
 Diminished, shall never be, 
 
 184, 4325 
 Distribution, and report as 
 
 to . . .... . . 4404 
 
 From another county. 4334, 4335 
 
 Enhancing n. 5, 4326 
 
 Escheats 183, n. 8, 4325 
 
 Estray finds . . . n. 5, 4325 
 Failure to specify in mort- 
 gage. . n. 1, 4384 
 
 Fees of officers, can not be 
 
 deducted from . . n. 3, 4, 4325 
 
 Fines generally 4325 
 
 Forfeitures 4325 
 
 How created 183 
 
 Interest invested, when . 186 
 
 County must pay . . . 187, 4326 
 
 Investment and distribution 185 
 
 Inviolate 188 
 
 Liquor license . . . . n. 10, 4325 
 
 Loans of, interest 4369 
 
 Lost funds n. 1, 4399 
 
 Mandamus to compel proper 
 
 application - . n. 11, 4325 
 
 Miscellaneous fund, account 
 
 of ..... . 4403 
 
 Penalty for false tax list . n. 4,. 4325. 
 
4337 
 
 F. 
 
 mil, policy f tin- law . . n. 5, l.".--'''> 
 1 'reservation by count irs. 
 Principal and increase of 
 Readjustment 
 Kcinvcstiiicnt for county, 
 when ...... " . 18r, 
 
 Knits distribute!. . . . n. 1, 4328 
 
 !; l-ort as to . . 4398, 4400, 4401 
 Saline fund. . . . 4325 
 
 School lands belonging to, 
 n, 1, 2, 4327 
 Seminary fund ..... 4325 
 Srparatil.il of . n. 1, 4327 
 
 Sinking lund, interest of, to 4487 
 State not liable to county 
 for ......... n/12, 4325 
 
 State Superintendent super- 
 
 vises. 4408, 4409, 4410, 4411, 4413 
 Suit for loss of ..... n. 1, 4399 
 
 Swamp lands ....... 4325 
 
 Taxes on corporations . . . 4325 
 Two distinct funds . n. 1, 4325 
 What constitutes .... 183, 4325 
 
 Furniture, County Board of Ed- 
 
 ucation, duty as to ... 4436 
 Indispensable articles n. 12, 4444 
 Providing private school 
 
 with ......... n. 7, 4499 
 
 Tax for ........ 4467 
 
 Trustee provides . . . n. 10, 4444 
 
 lease is an incumbrance . n. 1, -i :;7". 
 
 < leneral laws inii-t be 182 
 
 man laniruaLfc taught. . . . 4497 
 I>uty compulsory. . . . n. 3, 4497 
 1 license of teacher, 
 
 n. 11. L3, II--'"); n. 7, 4497 
 Must be tau.irht when de- 
 mand is made . . n. '.. 1 I'.'T 
 ( iovernor. uieinberof State Hoard 
 
 of Education .... I \'2n 
 
 lirad.-d -diools, admission of pu- 
 pils to ... n. 14. 1111 
 Abandonment of, Tru- 
 
 may n. _"_'. 1111 
 
 Buildings for lll'i 
 
 Definition of n. 11. till 
 
 Management of n. ">. 11 hi 
 
 Pay of teacher pi . . . n. 1"., Nil 
 Power t<> or-.ini/e . . . n. 14. II 14 
 Purcha-e nf land for. ... 111'! 
 Title, how held llir, 
 
 Tril-lee- e-t:ibli-h . . . 1111 
 
 IJrant. by ( longTCSS, of the >ix- 
 ith >ertion. was a con- 
 tract 11. 6, 188 
 
 H. 
 
 doors 4500a 
 
 .Highway, taking school ground 
 
 for . . . n . , 4l:;s ; . 5, 4608 
 
 'lolidays, teacher pai<l for . n. 6, 4501 
 
 Falling in vacation . . n. 41, 4501 
 
 Public policy as to . . n. 38, 4501 
 
 Houses, adjacent Township 
 
 building with . . . 4olO to 4512 
 Appeal from location of 
 
 n. 5, 4499 ; n. 6, 4498 
 
 District abolished . n. 6, 4 41 is 
 Appropriation of school 
 
 ground for highway . n. 5, 4508 
 
 Bonds for in large city . . 4460 
 
 In city or town 4488, 4489 
 
 Care of n. 16, 4444 ; n. 2, 4510 
 City can not pay for out of 
 
 general fund . n, 3 4447 
 
 Civil town mav build 
 
 ^Tla; n. 1, 4471a 
 
 Completion in city or town. 4488 
 Condemnation, proceedings 
 
 for 4517, 4519 
 
 Conditions before building 
 
 in city or town .... 4491 
 Control of Township house 
 
 within town . . . n. 3, 4508 
 
 County can not build 
 
 n. 3, 4444; n. 1, 4514; n. 5, 4517 
 
 Custody of in Trustee . n. 16, 4444 
 
 . Debts, tax to pay .... 4471 
 
 Deed for, how made . . n. 1, 4511 
 
 Disagreement as to building 
 
 by Trustees . . . n. 3, 4517 
 
 Doors of swing out .... 4500a 
 
 Extra territorial . . . . n. 4, 4508 
 Formation of town, effect 
 
 upon ........ n. 2, 4508 
 
 Fraud in letting contract, n. 4, I">1 7 
 
 Fuel for_ n. 2, 4504 
 
 .Janitor for 11. .'!. loltl 
 
 Pay of n. 3, 4504 
 
 Leasing, Trustee can not. n. 4, 4509 
 
 Location . . . . n. 9, 4444 
 
 Appeal from . . . n. 4, 5, 4 l'.'! 
 
 Change of 44'.'!'a 
 
 In eminent domain pro- 
 ceedings . . n. 1. 1'>1 7 
 
 U for Trustee alone . n. 1, 4519 
 
 Sectarian school in public 
 
 .-eln.nl house . . n. 6, 4 ''. I 
 
 When unoccupied . n. .">. 4">10 
 
 When TriMce sell>. n. 'J, 4511 
 When Tril-tee deed- to 
 
 town or city ... 4">1 la 
 Within limit-of corpor- 
 ation . 11. 6, ll'.n>; n. 4. I- '.i is 
 Mandate to compel location. 
 
 n. 6, 4499 
 
264 
 
 SCHOOL LAW OF INDIANA. 
 
 H. 
 
 Houses, mechanic's lien for con- SEC. 
 
 struction n. 41, 4444 
 
 Petition to sell 4499 
 
 Possession of, who has . n. 1, 4504 
 
 Removal, optional with 
 
 Trustee. . 4499, 4500 
 
 Repairing, 
 
 n. 2, 4504 and 4504, 4499 
 
 Voters direct . . 4499 
 
 Sale of, when 4511 
 
 School Commissioners may 
 
 build n. 2, 44(50 
 
 School house not owned by 
 
 township ... n. 21, 4444 
 
 Site for, proceeding to ob- 
 tain . 4517 to 4519 
 
 Special tax to build in city 
 
 or town 4490 
 
 Surplus special revenue in 
 
 city or town- 4492 
 
 Tax for 4467 
 
 Title to, how taken . . . 4508 
 
 Conditional . . n. 4, 4508 
 When township changed 
 
 n. 1, 2, 4508 
 
 Transferred, person taxed 
 
 for . . n. 4, 4438 
 
 Trustee locates . 4444; n. 4, 5, 4499 
 
 Builds n. 2, 5, 4437 
 
 Furnishes ... n. 10, 4444 
 
 Use for religious purposes, 
 
 4509; n. 3, 4509; 4510; n,l, 3, 4510 
 Abuse of, statutory rem- 
 edy . n. 8, 4537 
 For private school 4509 
 Report of Trustee con- 
 cerning n. 1, 4509 
 
 Voters direct repairs to . . 4499 
 
 Who builds n. 2, 4517 
 
 I. 
 
 Illegal design in contract, effect 
 
 of n. 49, 4439 
 
 Illegal rulings of County Boards, 
 
 n. 7, 8, 4436 
 
 Illegal rulings of County Super- 
 intendents . . n. 28, 4425 
 
 Illegal issues of licenses . . n. 12, 4425 
 
 Indiana University, appropria- 
 tions for. . n. 3, 4402 
 See State University. 
 
 Indigent children, books for . . 4421 1 
 
 Injunction against cutting tim- 
 ber. 4346 
 
 Prosecuting Attorney brings 
 
 action for n. 2, 4346 
 
 I. 
 
 SEC.. 
 
 Institute (count;/}, allowance for . 4521 
 Pay of County Superintend- 
 ent . . . n. 1, 4521 
 Schools closed during . . . 4522 
 Sessions of .... 4523 
 Institutes (t<>trn*ftl])}, attendance 
 
 compulsory . . . . n. 3, 4520 
 Manner of holding . . 4520 
 
 Monthly sessions 4520 
 
 Pay for attending . . 4520 
 
 Teachers must take part in, 
 
 n. 2, 4520 
 Trustee, notifies teacher of, 
 
 n. 1, 4520 
 Trustee pays teacher for out 
 
 of special school fund . n. 4, 4520 
 Interest, accounts of, how kept . 4$27 
 Board of County Commis- 
 sioners, looks after . . . 4399 
 County liable for, 
 
 4326, 4434 ; n. 4, 4434 
 County Superintendent may 
 
 collect . . 4435 
 
 Payments of, superintends. 4434 
 
 Failure to pay 1383 
 
 Judgment, rate on . n. 3, 4369, 4390 
 
 Money unloaned, county 
 
 pays on n. 5, 4326 
 
 Rate of . .... 4369, 4393 
 
 After maturity of mort- 
 gage ... n. 12, 4392 
 On deferred payments, 
 
 n. 4, 4346; n. 4, 4369 
 Rebate illegal ... n. 2, 4369 
 Sinking fund, interest of, 
 
 distributed .... 4487 
 
 State Superintendent may 
 
 collect 4326 
 
 Trustee may receive on funds 
 
 and keep . . n. 18, 4441 
 
 When Trustee not entitled to 
 
 on fund . - . - n. 4, 4440 
 Investments unsafe, duty to . n. 1, 4400 
 Invest defined n. 1,*185 
 
 J. 
 
 Janitor, teachers entitled to . n. 3, 4504 
 Duties ........ n. 42, 4501 
 
 Pay of ........ n. 3, 4504 
 
 Joint graded school, adjacent 
 
 township building with . . 4513 
 Establishment ...... n. 1, 4446 
 
 Management ..... n. 2, 4446 
 
 Title, how held ..... n, 1, 4513 
 
 Trustees act as individuals, 
 
 n. 2, 4446 
 
 Judgment against Trustees, dam- 
 ages .......... 
 
 4441 
 
INDKX. 
 
 265 
 
 Judi 
 
 :: 
 
 Judgment, kind in actions on 
 
 loan 
 
 Lien on land held hv certifi- 
 cate . . n. 1. 
 Rate of interest ii]. on . . n. 3, 4.".iJ'.i 
 Judicial notice, name of town- 
 ship . . . 
 icial knowledge . . I.I, 4437 
 < >l' substitution oi sehoo* 
 
 'ions. . . . n. 4, 4328 
 
 sdiction of court- over -choo'l 
 
 matters n. 3, 4537; 4429 
 
 ice oi' iVace. can not -erve 
 
 u Trustee n. 21, 4439 
 
 K. 
 
 4447a 
 
 artens 
 
 Knowledge :md learning c--cn- 
 tial to a general govern- 
 ment 182 
 
 Knowledge, judicial. . . . n, 19, 4437 
 
 Landlord, Trustee of township 
 
 i- of school land- . . 4338 
 
 Lands, appraisement for school 
 
 lion-., -s . . 4517 to 4519 
 
 ( 'oni:tv--ional to wnshi p, 
 
 mana<retnent of .... 4114 
 Cu-tody 4328 
 
 < >i divided school section, 
 
 433<>. 
 
 Divided -chool ,,.,-tion . . . 
 Draina-v law.ctlect upon, n. 3, 
 Inciiiiie, report of Trustee . 4328 
 Lan.llord, Trustee has pow- 
 er of 4338 
 
 Mijr ^ . -J:;L". 
 
 Not DUDJect to a eminent for 
 
 drains n. 7. 
 
 Sale of. See sale. 
 
 Selected liy the Secretary of 
 
 try . . n . 8, 4328 
 
 Substituted lands, judicial 
 
 notice of, . - n. 1. 
 
 Ta xin.ir when -old , . 
 Tim her land-, conditions as to 4346 
 
 re ioiial belong to in- 
 habitants of the town-hip. 
 
 n. !, 4325 
 ity. Srho.,1 rommi-ion- 
 
 1 i:,s 
 
 Law. coiniiion, of the -chool. i,. 11, 4505 
 
 Law-, repealed . . . . n. '_'. I I v 7a 
 
 Repealed n. 1. 41>7h 
 
 ( 'haiiLTe in n. '2, 1 17 1 
 
 Chan-ed 44S2 
 
 4375 
 
 4111 
 
 Laws, publication of . . - .4417,4418 
 
 Leasin- -chool land , . 4329; n. 1, 4329 
 1 tafl lca>e is an incumhrance. 
 
 n. 1, 
 
 ;rin<_ r . State Superinteixlent 
 Iocs ........ 
 
 Leii-ali/iui; Ix.nd- .... n. (J. 1 l!'D 
 
 Sale of lands. ..... n. 1, 4:'i7 
 
 Surplus special school revenue. 4 MS 
 Legislature mav prescribe dm 
 
 of officers . n. lo. 4430 
 
 To provide for uniform 
 
 tern of common school-, n. 7, 182 
 May prescribe course of 
 
 study . . . . n. 7, 182 
 
 May prescribe books to be 
 
 u'.-ed ..... n. 7, 182 
 
 Liability of officers . . n. 17, 4505 
 Of officer and surety, . . n. 10, 444<) 
 Of oflicer. 
 
 n. 17, 30, 31, 4505; n. 11, 4501 
 Libel of County Superintendent, 
 
 n. 9, 4436 
 
 Library in city and town . . . 4460, 4524 
 Bonds to construct in large 
 
 city . . 4527d 
 
 Commissioners establish . . 4460 
 Documents for ... ... 4418 
 
 Free ...... 4524 
 
 Management ....... 443(i 
 
 Realty for ........ 4o27d 
 
 Rules for . ...... 4524 
 
 State prison, books for . . . 4528 
 Tax to maintain , 4-rJl, 4~r>~>, 4-V_>7a 
 Library \imri,.<fiij>\ hooks for . 4-VJ7 
 I >i-trihution of books for . . 4-VJ* 
 Documents ..... 441S 
 
 Families may use ..... 4531 
 
 < )pen. when '. ...... 4">:!3 
 
 1'av of librarian . . . . n. 1, 4532 
 
 Place where kept ..... 
 
 Rule as to use of . . 4">:!O 
 
 State prison, hooks use . . . |.V_N 
 Tax to support . . n. 2, 4">l?7, 4533a 
 Trustee may make lew, 
 
 when. n. 1.' 2, 4633a 
 
 In city of :5i.000. . . 4-V_'7a 
 
 Tru-tee has charge of . . 4 ")_". 
 
 Licen-e. additional n . ] ;i ? 4425 
 
 \ppli.-ant for co.idit i<m-d. 
 
 n. 8, 1 1-J'J 
 Appeal, conc( riling 
 
 Certificate. givingi] . :;. -j:. LM. -i i-j:> 
 
 Ktr.-ct of 
 ( 'ity Superintendent to have. 
 
 when ....... . -J7. 41-J-) 
 
 < on-rc'ltiv ..... n. 14, 1 I'J.") 
 
 iiial to employment, 
 
 n, 1, 4--.01, 4501 
 
 
SCHOOL LAW OF INDIANA. 
 
 SEC. 
 
 License, examination for ... 4425 
 For special branches, 
 
 n. 11, 13, 4425 
 For principals and high 
 
 school teachers . . n. 24, 4425 
 In two counties . . n. 21, 4425 
 Exemption license, Superintend- 
 ent not to issue, when, n. 3, 4425 
 Superintendent to issue, when, 
 
 n. 4, 4425 
 Persons holding to apply to 
 
 Trustee n. 5, 6, 4425 
 
 License, expiration during term 
 
 of school . - 4501 
 
 German, teacher of must 
 
 have - n. 7, 4497 ; n. 5, 13, 4425 
 Illegally issued . . . . n. 12, 4425 
 Illegal ruling as to . . n. 28, 4425 
 Incompetent to teach . n. 19, 4425 
 Judicial, act of issuing is 
 
 n. 22, 4425 
 
 Length of time given for . 4425 
 Liability of County Super- 
 intendent for repairing, 
 
 n. 22, 4425 
 
 Life License 4422 
 
 Requirements for . . . n. 1, 4422 
 Limited to county .... 4427 
 Loss of certificate of . . n. 8, 4425 
 
 Minors n 31, 4501 
 
 New list of questions . n. 18, 4425 
 Principal of town school, n. 24, 4425 
 Professional . n. 1, 4422; n. 15, 4425 
 Requirements for n. 3, 4422 
 
 Record of ... 4428; n. 2, 4428 
 Revoking .... 4426; n. 13, 4426 
 Illegal . . n. 6, 4425; n. 28, 4425 
 Of exemption license . n. 11, 4425 
 School commissioners may 
 
 issue 4460, 4464 
 
 Special 4502; n. 10, 4425 
 
 State Board grants .... 442J 
 Town Superintendent to 
 
 hold when . . . . . n. 27, 4425 
 Vested right in . . n. 2, 4420 
 
 Licenses, fees from belong to 
 
 county n. 10, 4325 
 
 County Superintendent col- 
 lects, when 4435 
 
 Liquor licenses . . . n. 2, 10, 4325 
 Lien, gas lease is on land . . n. 1, 4375 
 Mechanics will not lie for 
 
 work or material . . n. 41, 4444 
 Of mortgage not recorded, 
 
 n. 2, 4381 
 
 Prior n. 3, 4375 
 
 Tax inferior to school mort- 
 gage . . . n. 4, 4383; n. 1, 4380 
 Liquor license fees . . . n. 2, 10, 4325 
 
 SEC. 
 
 Listed, denned n. 5, 4498* 
 
 Loan abstract of title 4370 
 
 Acknowledgments and oaths 4379 
 
 4369a. 
 . . 4376 
 . . 4402 
 4371, 4372 
 . . 4378 
 . . 4372 
 . . 4370 
 . n. 2, 4334 
 . n. 1, 4381 
 4375 
 n. 14, 4437 
 
 Advertisement for 
 Affidavit of borrower 
 Apportionment of 
 Appraisement .... 
 Of mortgaged lands 
 Appraisers . . . 
 
 Auditor makes . . . 
 
 Loaning to himself . 
 Bona fide purchasers . 
 Bond to protect loan 
 Authority to make . 
 Certificate as to liens, 4375; n.l, 4375 
 As to indebtedness . n. 15, 4437 
 Collection on default ... 4383a 
 Damages, when recoverable 4386 
 
 Examination of 4399 
 
 Execution against borrower 4390 
 
 Extra-territorial 4373 
 
 Fees for making 4382 
 
 Fund specified .... 4402, 4384 
 Failure to specify, effect, 
 
 n. 1, 4381 
 
 Inhabitants of county pre- 
 ferred 4373 
 
 Interest rate 4369 
 
 Failure to pay . . . . 4383, 4390 
 Irregularity of . . - n. 4, 4375 
 Judgment for deficiency, 
 
 form 4390 
 
 Rate of interest on, 
 
 4390, n. 3, 4369 
 
 Liens 4375 
 
 Bond to protect loan 
 
 against 4375 
 
 Certificate as to 4375 
 
 Gas lease is n. 1, 4375 
 
 Priority of 4380 
 
 Without record . . . n. 2, 4381 
 Wife may borrow money 
 
 to discharge liens . . n. 6, 4385 
 
 Limit 4374, 4378 
 
 Miscellaneous account . . . 4403 
 Mortgage, canceling . . n. 3, 4:>S1 
 
 Form 43S5 
 
 Fund specified . 4402; n. 1, 4384 
 Indorsement on, of payment, 4389 
 
 Recording n. 1, 4381 
 
 Registry of 4380 
 
 Release of, without pay- 
 ment, n. 2, 4389 
 
 Satisfaction of 4389 
 
 See Mortgage. 
 
 Note, form of 4386 
 
 Fund specified in .... 4402 
 
 Sufficiency n. 1, 43S6 
 
 Suit on, by Auditor . . . 4387 
 
oath of applicant . 4:'.7'i 
 
 Ainlitiir may administer . 4:'.7! 
 ( >ut>ide county . . \'.'<7:'> 
 
 Pavmcnt l>v borrower*. . . 4388 
 
 Auditor must not. . . n. 1, 4388 
 
 Made to County Treasurer, 
 
 n. '2, 4388 
 
 To borrower .... 4387 
 
 Per-onal security can not be 
 
 taken for . . . . . n. 2, 4370 
 Preferred borrowers .... 4373 
 
 Prior liens n. 3, 4375 
 
 Purchase money retained as, 4358 
 f.^nu'tiis on payment .... 4358 
 
 Mate of interest 4369 
 
 rd of murtgage . . 4380, 4381 
 Report of County Commis- 
 
 uonen on 4400, 4401 
 
 Sale. See Sale. 
 
 Satisfaction of mortgage . . 4389 
 
 State may make 4405a 
 
 Suit for deficiency .... 4390 
 
 To recover possession 4383 
 
 Surplus on sale .... 4392, 4394 
 Tax title, priority of, to 
 
 lien "... n. 3, 4380 
 
 Time of 4:;77 
 
 Title papers 4370 
 
 Void, when . n. 2, 4334; n. 1, 4370 
 Warrant to borrower for 
 
 money 4387 
 
 When due 4383 
 
 Where may be made . . . 4373 
 tion of school house . 4499, 4499a 
 Lotteries for schools illegal, n. 14, 4: :_'' 
 Lucrative oilier, city school 
 
 trustee is . . . . . . n. 1, 4439 
 
 Town school trustee is . n. 7, 4439 
 City councilman IB not n. _'<), 4439 
 City clerk is not. . . . n. 82, 4439 
 
 ptamv of n. :, 4439 
 
 Township trustee is . . n. 11, 4440 
 
 M. 
 
 Mandamus, application of school 
 
 funds n. 11. 4325 
 
 Approval of bond . . . n. iM. 41'Jl 
 Conveyance of school- 
 
 bonae .... n. 1, 4508 
 
 Delivery of hook- to BUG 
 
 . . . n. 6, 1U1. ... I-',, 4424 
 Election of Trustees com- 
 pelled by n. 14, 4439 
 
 L'cati..n of school-house n. 4, 4499 
 
 Payment of claims enforced 
 by n. 7, 4 H2 
 
 M. 
 
 SEC. 
 
 Mandamus, proper action to 
 compel the performance 
 of a ministerial duty, n. :\'2, 4444 
 Records, delivery of, 
 
 n. if. 44.7.I; n. 15, 4424 
 Tuition, application of se- 
 cured by . . . . n. 2, 4471 
 Manual training schools, estab- 
 lishment of 4447d 
 
 Regulation concerning . . 4447e 
 
 Tax to support 4447f 
 
 Teachers for 4447e 
 
 Maps, contracts for are valid, 
 
 n. 12, 4444 
 County Board of Education 
 
 / considers 4436 
 
 Mechanic's lien, can not be ac- 
 quired on school-house, 
 
 n. 41, 4444 
 Meetings, additional branches 
 
 determined at. ... 4499 
 
 Annual, held ...... 4498 
 
 Cities and towns have none, 
 
 n. 1, 4499 
 Directors elected at .... 4498 
 
 Election of teachers at . n. 2, 4444 
 
 How called 4498 
 
 In cities and towns . . . n. 7, 4501 
 Legality of, how settled . . 4499 
 Location of school-houses, 
 
 n. 4, 4499 
 
 Notice of 4499 
 
 Notice of jurisdictional, n. 11, 4499 
 Petition of, to Trustees . 4499 
 Protest against teacher . n. 4, 4501 
 Repairs to school-house, 
 
 directs 4499 
 
 School-house, may ask for . 4499 
 Studies, determined by . . 4499 
 Voters at . . 4498, n. 1, 4498; 4499 
 Meeting. le<^al calls for, n. 31, 4439 
 Plurality will control . n. 12, 4499 
 Mileage of Count v Superinten- 
 dent n. 1, 4433 
 
 State Board of Education . 4 l-M 
 M'nor, employment of as a 
 
 teacher n. 3, 31, 4501 
 
 Residence of . . . . n. 2, 10, 4472 
 
 When of age n. 1, 4 172 
 
 Mi-application of funds, who 
 
 liable . . n. 10, 4441; n. 5, 4442 
 Miscellaneous school fund, how 
 
 kept 4lo:-{ 
 
 I>istribntion of 4404 
 
 Penalty against Auditor as to 4405 
 Mistake, correcting in Trustee's 
 
 accounts .... 4456, n. 5, 4441 
 Money, conversion by school of- 
 
 ' ticers n. 3, 4440 
 
SCHOOL LAW OF INDIANA. 
 
 M. 
 
 SEC. 
 
 Monev. no authority to borrow, 
 
 n. 11, 4437 
 
 Due school fund, can not 
 be cut by legislative 
 action - . n. 2, 184 
 
 For rent of unsold school 
 
 lands n. 3, 187 
 
 Title to . n. 2, 4440 
 
 Month, length of 4495 
 
 Mortgage, action to cancel . n. 3, 4381 
 
 Appropriations for deficiency 4394b 
 
 Assignment to subsequent 
 
 mortgagee n. 2, 4385 
 
 Canceling . n. 5, 4385 
 
 Description of land . . n. 3, 4385 
 
 Form 4385 
 
 Fund Specified in 4402 
 
 Failure to specify in . n. 1, 4384 
 Indorsement upon . 4389 
 
 Interest, rate on after ma- 
 turity . . n. 12, 4392 
 Lien of, prior to tax lien, n. 3, 4480 
 Merger of n. 2, 4383 ; n. 16, 4392 
 Payment, release without, 
 
 n. 2, 4389 
 
 Presumption as to owner- 
 ship of land n. 4, 4385 
 
 Priority of . .- 4380 
 
 Reappraisement of lands bid 
 
 in . . .... 4394a 
 
 Recorded, when so consid- 
 ered 4380; n. 1, 4381 
 Registry of . . . n. 2, 4380 
 Release without payment, 
 
 n. 2, 4389 
 
 Satisfaction, entry upon. n. 1, 4389 
 Subrogation o f purchase 
 
 under . ..... n. 6, 4395 
 
 Suit on note, effect . n. 2, 4394 
 Tax title, superior to, 
 
 n. 4, 4383; n. 3, 4380 
 Taxes on land bid in . . n. 3, 4394 
 Void, when . n. 2, 4334 ; n. 1, 4370 
 Wife's signature . . . . n. 1, 4385 
 
 Wife may mortgage own 
 
 land n. 6, 4385 
 
 See Loan. 
 Music may be taught 
 
 n. 7, 4496; n. 6, 4496 
 License for teachers of 
 
 n. 11, 4425, n. 7, 4497 
 Trustees may requre all pu- 
 pils to study . . n. 6, 4497 
 
 Neglect of duty by Trustee, pen- 
 alty " 4452 
 
 Night schools 4447b 
 
 N. 
 
 SEC, 
 
 Night Schools Con. 
 
 Age of pupils . ... 4447c 
 
 Non-residents, admission to schools, 
 
 n. 3, 10, 4472 ; n. 4, 4490 
 Payment of tuition tax . n. 4, 4490 
 Normal. See State Normal. 
 Notes in borrowing school fund, 4386 
 
 Fund specified in 4402 
 
 Sufficiency . n. 1, 4386 
 
 Notes, authority to execute, 
 
 n. 14, 15, 4437 
 
 Bank deposits. . . . n. 3, 14, 4437 
 City may execute . . n. 10, 4438 
 Can not give for county 
 
 seminary n. 7, 4438 
 
 Executed by Trustee with- 
 out authority . . . 4438c 
 Notes, power to give . . n. 8, 4441 ; 
 n. 18, 19, 4444 
 School commissioners may 
 
 give n. 2, 5, 4460 
 
 Void, when . . . n. 12, 4437 
 
 Notice of sale of land 4345 
 
 To teachers of institute . n. 1, 4520 
 Numbering school houses . . 4494 
 
 O, 
 
 Oaths, administering ... n. 1, 4539 
 Of applicant for a loan . . 4376 
 Married woman should join 
 her husband in making, 
 
 n. 2, 4376 
 
 School officer may. . . . 4539 
 Officers, de facto, contracts with 
 not binding when parties 
 have notice . . n. 23, 4439 
 
 De facto, when contracts 
 
 with are binding . n. 43, 4439 
 Women may be .... 4540 
 Elected and appointed . n. 4, 4498 
 Settlement with Co. com- 
 missioners does not con- 
 clude the State . . n. 4, 188 
 When answerable in dam- 
 ages . n. 11, 4501 
 Acquiescence in illegal elec- 
 tion of n. 44, 4439 
 Oil lease is an incumbrance on 
 
 land n. 1, 4375 
 
 Opinions, County Superinten- 
 dent gives .... 4429 
 State Superintendent gives . 4408 
 n. 2, 3, 4408 
 Orders, without consideration, 
 
 void n. 17, 4437 
 
 Fraudulent issue of . n. 16, 4437 
 Conspiracy to defraud in- 
 validates n. 37, 4444 
 

 4423 
 
 4484 
 
 Barents mn-t sign monthly iv- 
 
 port H. 10, 1 "><'.". 
 
 Matron- of <cbool. petition ,,f. . 
 Protc-t au':iin-t teacher , n. 4, 
 Sei her-, not au- 
 
 thori/.ed to make n. -, 
 
 oi ( 'iiy ',r Town Superin- 
 tend n. 1, 
 County Superintendent 
 Siate hoard of Education - 
 ^^^ ate to -chool fund, fail- 
 ure to make .... 
 Auditor of State pay- 
 
 county .... 
 Indorsement on certificate. 
 
 -', 4389 
 : -payments. . 
 
 Quietus for . - 4301, n. 11. 
 hom made 
 
 Paul 
 
 Penalties Auditor failing to re- 
 port . - - 4-lsi 
 ( lounty Superintendent fail- 
 
 to report 41:11 
 
 Trustee, corrupt interest in 
 
 contract . . . . n. 13, 4444 
 Einbe/./lcment . . n. 3, 4442 
 Failure to report 4 !'><> 
 
 . . . 41-",:; 
 
 ect of duty. 4 1-VJ 
 
 For makinir false tax- 
 list, -tatute construed 
 
 n. 3, 183 
 
 f patrons .... H'.".i 
 
 ,11 land. . . . 433!), \:M\ 
 
 When DO! 'i. 1 -. 1 1^ N 
 
 Pleadinu- must be definite. 
 
 n. 7, 4437 
 Policv of law a- to -cbool fund, 
 
 n. 2, 188 
 Poor children, book- for. . . . 4 I'.'t'.a 
 
 ntv commi--ioiiers pro- 
 vid- for . . 
 
 Enumeration of. n. 1. 
 
 Matron- of orphan a-ylums 
 dull - . 
 
 f Tril-tee. coDure iolial 
 
 lan.l> n. 2, 4329 
 
 Principals of -chool-. Iieen-ini. r . 
 
 _ n. 24, 1426 
 
 Private -chooK. publM- funds 
 
 can not be u-ed for. . n. 4. I'.n-.i 
 l!e|M.rt concerning: n. 1, '_'. 4'U'. 
 Scbool-hoii-e. iiM-d for. . . J.'.M'.I 
 
 lioW sel'Veil I-'..",''. 
 
 Profe iolial lice||-e . . 1 (_'"> 
 
 Property, title to . . n. PJ. 1-I3S; j:,o^ 
 Conflicting opinions as to 
 
 useof n. 4, 4510 
 
 IM'KX. 
 
 269 
 
 Property, title to, sale of with- 
 
 out'. effecl ..... 4:;c.7 
 
 Tru-tee> u-e for ...... 44 !4 
 
 Sells when ..... \->\ 1 
 
 Taken adrift , . n. 4. IV, 
 
 Found on dead bodies . n. l-'i. 
 
 ttorney, action for 
 injunction, brings , . n. '_'. 
 Investigate^ failure of title, 
 Sues Auditor . . 44<>5 
 
 Suit-, brin^ ... 4413 
 
 Prote.4 against teacher .... 4~><>1 
 
 < (pportunity for n. 4, 1"><U 
 
 Public otiicers when answerable 
 
 in dam: 1 . n. 11, 4501 
 
 Pupil, authority of teacher 
 
 over n. :',, 4. 4 .>.-> 
 
 Oversell.-.,! . . n. :JL>, 4")i.H 
 
 Corporal pnnisiinient of 
 
 n. 8, P-*. : :i4, 39, 4505 
 
 Detention after school hour* 
 
 n. -Jfi, 1 144 
 Expulsion of ....... 4"><)4; 
 
 n. 1. -2, 7, <. 1", 17, is, l'.. 22,23, 
 
 24,26, 27, _-. 29, 37, 38, 4'.<i.~, 
 
 n. 1, 4.-.(l; 
 
 Immoral or lic<-ntious . n. 18, 4505 
 May be >uspeiided fortardi- 
 
 ...... n. 15, 4")()5 
 
 c.railation of n. 37. 1 l:: ( . 
 
 Must sulunit to necessary 
 
 rule-. n. 36, 4444 
 
 Punishment of. SeeCorporal 
 
 Punishment. 
 Rights of teacher to inflict 
 
 n. 8, 4505 
 
 Refractory, expelling. . n. 1. 
 lli^hts of after graduation 
 
 n. 7, 4499 ; n. 14, 4505 
 
 Truant, expelling . n. 2, 4505 
 
 Purchase of land, certificate of . 4363. 
 
 4354 
 
 4662 
 
 4u70 
 
 Right- of persons making . 
 Purdue I'niver-ity 
 
 A-ricultural College, scrip 
 . 
 
 Amendment <r repeal of 
 law. a- in ........ 
 
 Donation- to ....... 
 
 Fund- of. bow inve-ted . . 4<177 
 
 Donation- by ... 4665 
 
 Purdue, .John, privileges of 4669 
 
 Location of. ...... 4666 
 
 Name, corporate, of 4M7, 4668 
 President, appointment of 4674 
 Member of State 
 
 Hoard of Education . 4420 
 
 i'. -ale and investment of 4664 
 
 Secretary, appointment of . 4674 
 
270 
 
 SCHOOL LAW OF INDIANA. 
 
 P. 
 
 Purdue University Con. SEC. 
 State Chemist, Prof, of 
 
 Chemistry in 4898 
 
 Students, County Commis- 
 sioners appoint two . 4675 
 Students, number, limited . 4676 
 Privileges allowed . 4675 
 Treasurer, appointment of . 4674 
 Bond and duties of . . 4674 
 Trustees, appointment of, 
 
 4663, 4671 
 
 Term of office ... 4672 
 
 Vacancies, how filled . 4673 
 
 Q. 
 
 Questions for examination, how 
 
 prepared ... n. 1, 4421 
 
 Traffic in 4421a 
 
 Quieting title, when can not be 
 
 received n. 11, 4392 
 
 Quietus, Auditor issues . . . 
 
 4361 ; n. 11, 4392 
 
 Repayment of loan ... 4388 
 Quo warranto proceedings. . . 
 
 n. 41, 4439 
 E. 
 
 Races, no discrimination between 
 
 allowed ... . . 4466 
 Real estate, title to in school cor- 
 poration 4508 
 
 Reappraisement of lands bid in. 4394a 
 Receipts, record of kept by Trus- 
 tee 4441, 4442 
 
 Hecord, appeals . n. 1, 4537; n. 1, 4538 
 County Board of Education 
 
 n. 2, 4436 
 County Superintendent . . 4428 
 
 Deed . . 4395 
 
 Examination by County Su- 
 perintendent 4435 
 
 Mortgage 4380 
 
 Receipts . 4441, 4442 
 
 Sale of lands 4340 
 
 School Commissioners . . . 4462 
 
 Trustees 4442 
 
 State Board of Education . 4420 
 Transfers n. 6, 4473 
 
 Recorder, fees for making loans. 4382 
 Recovery of deductions from 
 
 school fund n. 6, 4325 
 
 Redemption of forfeited lands, 
 
 n. 5, 4347 
 Junior incumbrances can not 
 
 n. 8, 4392 
 
 Sale of school land . . . n. 5, 4347 
 Refractory pupil. See pupil. 
 Relator, Attorney-General may 
 
 be n. 3, 4326 
 
 R. 
 
 SEC. 
 
 Religious belief not a subject of 
 
 inquiry n. 2, 4493 
 
 Removal of County Superin- SEC. 
 
 tendent 4424 
 
 Director 4498 
 
 Scholar 4505 
 
 School house 4499, 4499a 
 
 Teacher 4501 
 
 Trustee 4456 
 
 Rents, deduction from tuition 
 
 fund 4328 
 
 How paid . 4329 
 
 Liability of county for . 184 to 186 
 
 Payable in advance .... 4329 
 
 Report concerning .... 4328 
 
 Repairs, voters direct 4499 
 
 See Houses. 
 
 Reports (of County Auditor] 
 Auditor to State Superin- 
 tendent ... ... 4478 
 
 Contents of 4479 
 
 Failure to make . . . 4404, 4481 
 Concerning school funds . . 4398 
 County Commissioners ex- 
 amine 4399 
 
 Division of funds of divided 
 
 township 4336 
 
 Names of Trustee and County 
 
 Superintendent . . . 4424, 4440 
 Revenue for apportionment, 
 
 4478, 4479, 4486 
 Reports (of County Commissioners) 
 
 Condition of funds .... 4400 
 
 Recorded 4401 
 
 Reports (of County Superintend- 
 ent) 
 
 Annual 4431 
 
 Apportionment 4432 
 
 Basis of Apportionment . . 4432 
 
 Contents 4431 
 
 Enumeration 4431 
 
 Financial and statistical . . 4450 
 
 License granted ...... 4429 
 
 Statistical ..... 4481 
 
 Transfers. 4468 
 
 Reports (of Slate Superintendent) 
 
 To Governor 4408 
 
 To Legislature 4410 
 
 May require reports of offi- 
 cers 4414 
 
 Reports (of teachers) 
 
 Contents 4449 
 
 Must make ....... 4449 
 
 Parent must sign monthly, 
 
 n, 10, 4505 
 
 Penalty for not making . . 4449 
 
 Private school 4509 
 
 Reports (of transfers) 
 
 Must be made 4473 
 

 IM'KX. 
 
 271 
 
 Besi 
 
 xeport- () 
 
 Animal 444:; 
 
 Contents 4441 
 
 Copy tiled with County Su- 
 
 perintendttit 441! 
 
 .iity Commiauonen ex- 
 am ine 4:;:''.<: n. \'2, 44-11 
 
 Enumeration . . 447-"), 447*. 
 
 Financial and statistical, 4441, 4450 
 
 Income .f lands . . 
 
 Penalty for failure to make. 44~>1 
 
 School land 4328 
 
 To County Superintendent . 4 \~>* 
 Re-sale of forfeited lands. . n. 1, 4347, 
 
 4: 1 , 4 1 
 
 Ke-idence of County Superin- 
 tendent . - n. ;. 44-J4: n. 1, 4-",4" 
 Children enumerated, n. 2, 3, 7, 4 17 J 
 City or town school trustee, 
 
 n. 4. 
 Situation of teacher . . . n. S. 41 !' 
 
 Trustee n. :',. 
 
 Revenues accounted for by Trus- 
 tee ." . . . 
 
 Anticipating. 444'J ; n. 1, 447<>:n. 8, 
 
 4441 
 
 Apportionment. See Apportion- 
 ment. 
 
 I >i-trilution of, to counties. . . 4484 
 Division on formation of town. 
 
 n. 4. 41:;s : . 2 
 Revenue-, division between city 
 
 i township. . n. 8, 1 1 : - 
 
 Disposition of Mirplus spe- 
 cial school .... 
 
 Dog fund. See Dog Fund. 
 
 K.piali/ation < Con- 
 
 stituted . . n. ::. -!:;>; n. 1, 4486 
 
 Anx.ni: civil townships, n. 5. 4328 
 
 Lands of surplus fund, how 
 -.old 
 
 Right of new town to part of, 
 
 ", 4441 
 
 Pled-'-d iinpliedly. . . n. 31. 
 Local tuition, how applied . i 
 
 ial -ehool. 
 
 State's, how paid . . . . n. I'. 
 Surpli^. special x'hool. 4147. 
 Tuition revenue . . . . n. L*. 4 1 !'_' 
 
 n. '_'. 4 44-J 
 
 1 1 ion of tea.-her's license. 
 of exemption license, n. 6, 44'J 1 , 
 n. 11, 4426 
 
 Ilh-iral pra.-tici- in ... n. '.'. 4 1 _'"> 
 
 Sec lieen-e. 
 Rule- and regulation-, adoption 
 
 of .n. 24,4444, 4400, n. 30, 4-'.oi 
 
 Power as to n. L >( .. 4111 
 
 Validity of n. !., 4439 
 
 R. 
 
 Rules and regulations Con. 
 
 Reasonableness of, n. 30, 44.'5!' and 
 
 n. :;<). 4444; n. i. 40n.5 
 
 Authority to adopt, n. :54, 44:;H; n. 
 
 34, 4505 
 
 Of suj)t. or teacher, binditiir 
 
 on pupils . . . n. :;"), 4439 
 
 Students must submit to, n. 36, 4444 
 
 S. 
 
 Sale of mortgaged lands .... 4392 
 Amount due, sale for more 
 
 than . n. 7, 4392 
 
 Appraisement, more than 
 
 one n. 2, 10, 4392 
 
 Appropriation to meet de- 
 ficiency 4394b 
 Amount, sale for more than 
 
 due n. 4, 4393 
 
 Bid in by Auditor, when 
 
 4393 ; n. 3, 4393 
 
 < a-.li, sale is for .... n. 1, 4393 
 Construction of statute . n. 6, 4392 
 Credit, when can only be 
 
 made upon 4393 
 
 Deed for 4395 
 
 When unnecessary . . 4397 
 Division of lands sold . n. 9, 4392 
 I>utv of Auditor in making, 
 
 n. 3, 4393 
 
 Law governing . . . . n. 1, 4383 
 Manner of making .... 4392 
 Merger of mortgages in . n. 2, 4383 
 
 Notice of n. 1, 3, 4391 
 
 Offer n. 3, 4393 
 
 Parcels, sale of n. 9, 4393 
 
 Payment of bid, to whom, n. 4, 4395 
 
 Portion, sold n. 5, 4392 
 
 Power to make n. 1, 4392 
 
 (Juk-tinu: title ... n. 11, 4392 
 
 Re-appraisement. 4352; n. 2, 4393, 
 
 4394a 
 
 Record of deed 4395 
 
 Redemption, junior incuin- 
 brances can not . . n. 7, 4392 
 ilarity of . . . n. 4, 4392 
 Reimbursing county . . n. 4, 4393 
 Several tracts, how sold . n. 9, 4392 
 Statement and record of 
 
 4396, n. 1, 4396 
 Statute must be strictly fol- 
 lowed " n. 1, 4383 
 
 Subrogation of purcha- 
 
 n. 6, 4395 
 Suit for deficiency . . . n. 4, 4390 
 
 Surplus 4392; 
 
 n. 2, 4393, 4494 ; n. 3, 4, 4347 
 Terms . 4393 
 
272 
 
 SCHOOL LAW OF INDIANA. 
 
 s. 
 
 Sale of mortgaged lands Con. SEC. 
 Title of purchaser not war- 
 ranted . . n. 3, 4483; n. 5, 4395 
 
 When made 4383 
 
 Sale of school lands . . . 4345 
 Appraisement by Trustee . 4344 
 Reappraisement . 4352 
 Reappraisement of for- 
 feited lands . . . 4352b 
 Appropriation by commis- 
 sioners 4352c 
 
 Auditor gives quietus . . . 4361 
 Auditor and Treasurer con- 
 ducts 4345 
 Ballots used in voting upon 4341 
 Board of County Commis- 
 sioners, orders . 4345; n. 1, 4345 
 Certificate of result of elec- 
 tion . . . . 4353 
 Purchase . . .4353; n. 1, 4360 
 
 Assignment 4356 
 
 Defective 4357 
 
 Purchase deed open . . . 4357 
 
 Effect 4353 
 
 Lost 4360 
 
 Recording 4353 
 
 When delivered . . . 4353 
 Deed, how executed . . 4365 
 Assignment of certificate. 4357 
 Not executed until full 
 
 payment 4358 
 
 Recording 4363 
 
 When issued . . . 4353, 4363 
 Election, as to ... 4339 to 4344 
 Estopped to claims, sale 
 
 void n. 1, 4454 
 
 Fees of Auditor and Treas- 
 urer 4345 
 
 Forfeiture and resale . . . 4347 
 
 Effect n. 4, 4347 
 
 How prevented 4347 
 
 How made . . .... 4345 
 
 Injunction to preserve tim- 
 ber 4346 
 
 Legalized . . . . 4364; n. 1, 4364 
 Minimum price . . . 4344 
 
 Notice of election, for . . . 4339 
 
 Of sale 4345 
 
 Order for 4344, 4345 
 
 Over-plus n. 3, 4347 
 
 Payment made at any time. 4359 
 Deferred, when reported. 4346 
 Indorsement of, when 4362 
 
 Penalty for failure to make 4355 
 
 When made 4361 
 
 Petition for election . 4339 
 
 Recording . . - 4340, 4366 
 Resale, not necessary, for 
 
 n. 3, 4344 
 
 Sale of school lands Con. SEC. 
 
 Sale without election . . 4366 
 When necessary . . . n. 2, 4339 
 Withdrawing venue from 
 
 n. 1, 4366 
 Sale of school lands, possession 
 
 after sale ... 4354 
 
 Petition not necessary when 
 
 n. 3, 4344 
 Private, by Auditor, when, 
 
 4351, n. 1, 4351 
 Purchase money is a loan, 
 
 when 4358 
 
 Purchaser, possession by . . 4354 
 
 Enjoined, when .... 4346 
 
 Rights of, if title fails . 4367 
 
 Waste, when liable for . 4349 
 
 Quietus 4361 
 
 Receipt of purchase money . 4361 
 
 Purchase money in full 4362 
 
 Re-appraisement 4394a 
 
 Redemption n. 5, 4347 
 
 Resale, how made 4344 
 
 Surplus .... 4347 
 
 When made . . 4347 
 
 Result of election, majority 
 vote .... ... 4342 
 
 Rights of purchaser . . 4354 
 Surplus revenue lands, of . 4368 
 Taxation of lands sold . . . 4364 
 
 Terms of 4346 
 
 Timbered lands, conditions 
 
 as to ... 4346 
 
 Title, when complete . . . 4365 
 
 Failure of procedure . 4367 
 
 When vests in State, n. 1, 4344 
 
 Treasurer's and Auditor's 
 
 duties 4345 
 
 Trustee's duties 4344 
 
 Vote, when necessary . . . 4339 
 When not necessary . . 4366 
 
 Waste, suit for 4350 
 
 When Auditor may proceed 
 
 n. 6, 4383 
 
 Where takes place . n. 2, 4345 
 Sale of lands bid in by Audi- 
 tor ... . . . 4393, 4394 
 
 Deed for, to purchaser . . . 4395 
 How made . . . . 4394 
 
 Statement concerning . 4396 
 Surplus n. 5, 4393 
 
 When title vests in State, 
 
 4397, n. 1, 4344 
 
 Saline Fund 183, 4325 
 
 School Commissioners, Board of 
 
 4457 to 4464 
 
 Bonds, issue and sell . . . 4460 
 Library bonds .... 4527d 
 Official 4457 
 
IMH-X. 
 
 273 
 
 iool Coi. nn'r-. lid. <f Con. 
 ( ertifiiate >f member . . 
 I>i-tricN. may change . . 
 Duties and powers . . . 
 Election <f . 
 
 SEC. 
 
 1459 
 
 4460 
 1 157 
 
 Library. e-tal>li-hes . . 4460, 4-Vj7a 
 
 ILicen-e dl teacher, issuing . 4460 
 
 Loans, may make ..... 1 l'> 1 
 
 intr- :i'f ........ 41;j 
 Notice, may give . . n. 2, 5, 4460 
 
 Oati, ...... 4157 
 
 Organization of ...... 41-V.i 
 
 none ....... 4 1;-J 
 
 Poll tax, cannot levy. . n. 1, -HCt) 
 
 I'l.-identof ....... 5459 
 
 eipl to County Treasurer. 4~:27h 
 
 Question on ....... 4 ">_' 7 < 
 
 Kecord, keep ....... 4462 
 
 Kules and regulations, adopt. 4460 
 School hon-es, maybuild. n. 2, 4460 
 
 School law governs .... 4463 
 
 Secretary and Treasurer of. 4459 
 Superintendent, appoint- 
 
 ment of ..... .... 4460 
 
 W levy ........ 4460 
 
 How collected for . . . . 4461 
 
 Teachers, employ ..... 4460 
 
 Term of office ...... 4459 
 
 Trea-urerof ...... 4459 
 
 <.ivesbond ..... 4460 
 
 Vacancies, bow filled . . . 4459 
 
 School corporation ...... 4438 
 
 nnr of ........ 4437 
 
 School corporation, city is ... 4438 
 
 Proee-s on ........ 4536 
 
 Town is ......... 4438 
 
 School director, election of. . . 4498 
 
 Appeal from ....... 4506 
 
 Appointment by Trustee, 
 when. . . 
 
 .u-ionof pupils by, lim- 
 
 ited ..." . . 
 
 Fuel and repairs provides. 
 
 Piv-ident <.f -cho.d meeting, 
 
 ' 
 
 4498 
 
 4606 
 
 4504 
 
 4498 
 
 l.~,n| 
 
 4499 
 
 >val of, how .... 
 School hou-e. has charge of. 
 Trustee, communicates with. 
 
 nci. - in oilice of . . . 
 
 Violations |,y ...... 
 
 School hoil-e. See I lollSC. 
 School lands. See Lands. 
 
 See Law-. 
 School section, divided by town- 
 
 ship lines ........ 4330 
 
 Owner-hip ...... n. 9, 4325 
 
 SuK.-timte f.,r ....... 4330 
 
 irts do not take no- 
 
 tit e of ....... n. 4, 4328 
 
 SEC. 
 
 -upplies, nece-sary aver- 
 ments in suit to recover 
 
 tor n. 13, 4437 
 
 School supplies, township not 
 
 liable for, when. . . n. 39, 4444 
 Delivery and acceptance of, 
 
 n. 40, 4444 
 See Land-. 
 
 School Trustee, ZWM&tpZhutoeifl 4438 
 Accounts and receipts . . . 4441 
 
 Corrected 44.">> 
 
 Examined 4454, 4450 
 
 Advancing funds, reimburse- 
 ment. .... n. 15, 4441 
 
 Annual report of 4443 
 
 Anticipating revenue. . n. 1, 4442 
 Apparatus lor schools, fur- 
 nishing. . 4444 
 
 Appeal from . . ... 4537 
 
 Assessment of damages . n. 7, 4441 
 School Trustee, bond and ap- 
 proval . . 4439, 4440; n. 1, 4440 
 Action on, who may bring 
 
 n. 13, 4441 
 Authority to incur debt 
 
 Trustee has none . . n. 3, 4329 
 Failure to give . . . n. 15, 4439 
 Books, when subject to ex- 
 amination 4454; n. 6, 4442 
 
 Correcting n. 1, 4456 
 
 See Books. 
 
 Borrowing money .... n. 19, 
 20, 4444; n. 8, 4441 
 Contracts . . . n. 10, 4439; 4438a 
 Correction of books of . n. 1, 4456 
 County Superintendent 
 
 elects 41:24 
 
 Custody of school property 
 
 n. 16, 4444 
 
 Debt, power to incur . . . 4438a 
 Director, appoints, when . . 
 
 4498; n. 2, 4498 
 
 Discretion of n. 1 1. 
 
 Duties 4441, 4444 
 
 Afl to election I ::'.'. 
 
 As to revenue 411- 
 
 ,'lectof 41-VJ 
 
 Educational affairs, has 
 
 chartre of 4 1 1 1 
 
 Election of n. S, 4l::s 
 
 Kliiribility of. . . n. 8, 411< 
 
 Enumeration, must-make . 417:2 
 
 Knnmeratiou. 
 Expenditures, record of 
 
 keeps . 4441 to 441:; 
 
 Fine, for failure to serve. . 4 !">.'> 
 < traded .-chools, may estab- 
 
 li-h ". . . . 4114 
 
 Illegal design of. ... 11. 48, 4439 
 
 18 SCHOOL LAW. 
 
274 
 
 SCHOOL LAW OF INDIANA. 
 
 s. 
 
 School Trustee Con. SEC. 
 
 Independent of Town Trus- 
 tees ..... n. 3, 4441 
 Injunction, may bring . 4346 
 Joint graded school with 
 
 city or town 4446 
 
 Lands of Congressional 
 Township accepts . . 4328, 4444 
 Cannot lease without di- 
 rection of voters . . n. 2, 4329 
 Lands, duties as to 4328 to 4368 
 Leases land of Township, 
 
 4329, 4330 
 
 Levies tax to pay debts . . 4471 
 Liability to teachers for pay 
 
 of ."n. 1, 2, 4441 ; n. 3, 4486 ; n. 
 2, 10, 4510 
 For error of judgment, 
 
 n. 28, 4444 
 Officers de facto, cannot 
 
 deny n. 17, 4441 
 
 Under act of 1883 . . n. 5, 4438c 
 Library, has charge of ... 4529 
 Loans, power to bind Town- 
 ship for . . . n. 8, 4441, 4438a 
 Petition concerning 4438b 
 
 Mandate to compel delivery 
 
 of books. n. 6, 4441 
 
 Member of County Board 
 
 of Education 4436 
 
 Member of Town or City 
 Board employed as teacher, 
 vacates his office . . n. 27, 4501 
 Misdemeanor, for neglect of 
 
 duty n. 4, 4442 
 
 Mistake in settlement. . n. 5, 4441 
 Mixing funds ... n. 16, 4441 
 Must contract as officers, not 
 
 as individuals . n. 9, 4501 
 
 Name of, reported to State 
 
 Superintendent .... 4440 
 Neglect of duty, liability . 4452 
 Notice of days for business . 4438c 
 Notifies teacher of Township 
 
 Institute n. 1, 4520 
 
 Numbers schools 4494 
 
 Office of lucrative . . . n. 7, 4439 
 Officer de facto . n. 4, 4441 
 Over-payment to successor, 
 
 recovery n. 14, 4441 
 
 Owns school funds, when, n. 18, 4441 
 
 Pay of . . . . 4431) 
 
 . Penalty, liable for ... n. 7, 4441 
 
 Petition for sale of land, 
 
 records . . 4340, 4366 
 
 Powers over schools n. 1, 4444 
 
 Property, has care of ... 4444 
 
 Sale of by . 4511 
 
 Record of his proceedings . 4441! 
 
 S. 
 
 School Trustee Con. SE<X 
 
 Of employment of teacher 
 
 n. 3, 4501 
 Refunding to, Legislature 
 
 may n. 19, 4441 
 
 Removal n. 6, 4439, 4456 
 
 Reports to County Commis- 
 sioners .... 4441 to 4450 
 
 Contents 4441, 4450 
 
 Copy, sent to County 
 
 Superintendent . . . 4441 
 Failure to make . - 4451 
 Files with County Su- 
 perintendent . 4441 to 4450 
 Lands of township, con- 
 cerning 4328 
 
 Teachers to make to . 4449 
 
 Transfers 4473 
 
 When to make . . . n. 2, 4443 
 Revenue for tuition, duties 
 
 as to 4442 
 
 Former acts legalized . 4448 
 Schools, establishes .... 4444 
 School house, contracts for 
 
 n. 3, 5, 4437 
 Deed for executes . . . 4511 
 
 Numbers 4494 
 
 Sells 4511 
 
 School township, trustee of 
 
 is i 4438 
 
 Special revenue, manages . 4445 
 
 Special tax levies 4467 
 
 Suit against, 4430, 4441 ; n. 4, 4437 
 Brings against predeces- 
 sor n. 4, 4437 
 
 Tax, annual levy, makes . 4469 
 Special levy to pay debts 4471 
 Teachers, employs . . . 4444, 4501 
 Dismisses on petition . 4501 
 Himself, can not em- 
 ploy as . . n. 5, 4444 
 Terms, extending . . . n. 16, 4439 
 School Trustee, title to township 
 
 money, has n. 2, 4440 
 
 Transfers, report ..... 4473 
 Tuition revenue, receives . 4441 
 Vacancy in office, how filled, 
 
 n. 5, 4439, 4440 
 Voting for himself, can not, 
 
 when n. 18, 4424 
 
 Vouchers, returns with re- 
 port 4441 
 
 School Trustees, Board of (city 
 
 and town. ) 4439 
 
 Abolishment of office of, 
 
 n. 12, 4439 
 
 Act as a unit ..... n. 18, 4439 
 Allowance of claims . n. 17, 4439 
 Accounts, must keep . . . 4431 
 

 s. 
 
 4439 
 
 4439 
 
 4501 
 
 4111 
 4439 
 
 ustees Cn. SEC. 
 
 Board of . . 443<>, 4440; n. 1, 4488 
 < 'ity has ......... 4 I:','.' 
 
 Duties .......... 4l::n 
 
 Election of ........ 4l:;<,> 
 
 Tii- vote ...... n. 8, 44:',l 
 
 Election of, time of n. 2, 4439 
 
 Employment of Trr.>u . 
 
 teacher n. 2i>, 41:;;) 
 
 <iraded -chooU, e-tal>li;-h . 4444 
 [ndependent of council. n. .'>, 4441 
 .Joint graded -cliMol-, estab- 
 
 lish ....... 444<! 
 
 Liability of for bonds n. 4, 4488 
 Mamlainns to compel elec- 
 
 tion <if . n. 14, 4439 
 
 Mi-application of fund-, 
 
 n. ID, 4441; n. 5, 4442 
 Old hoard may bin- teachers 
 
 for new . .,."_', 4445; u. 1*. 4439; 
 n. 3, 4510; n. 7, 4114 
 Organization of . . . 
 
 Pay of members . 4439; n. 4, 
 President of . - 
 
 rd of employment of 
 
 teachers ..... n. 3, 
 
 Reports to County Commi-- 
 lers ......... 
 
 lence of members . n. 4, 
 .nation of members, 
 
 n. :;. 44:5'.); n. 6, 4440 
 ol Superintendent em- 
 ploy ....... 441". 
 
 Btary .f ....... 44:!'.) 
 
 ial revenue, manage . 4445 
 
 Suit ni Tiva-urer'- bond. 
 
 n. 14, 4439 
 rm of oiliee ..... 4439 
 
 Intending ..... n. 1<>, 4439 
 
 Treasuivr of ....... 4 l:','. 
 
 Vacancies ....... 4439 
 
 School-, abandoning. Tru-tee 
 may . . ... n. 88, 
 
 Attachment to. when m:,dc. 
 
 Changing, when allowed . 
 
 City exempt from control of 
 
 County Superintendent . 
 
 Colored children entitled to 
 
 n. 1 to 1, II'.'.; 
 
 I >i-eriminati<>n ... n. ''>. 1 I'.'i'. 
 KntWcement of . . n. 'J">. _';. Ill 1 
 Holl-e. See hoii-e. 
 
 Janitor for . . . . n. :i. 4">nl 
 
 Kindergartens ..... 44 17a 
 
 Land. See land. 
 
 lion of ....... 4 11 1 
 
 Manual training ..... 44 I7d 
 
 Ni.irht ......... 44471. 
 
 Number of ........ 4444 
 
 4111 
 1 1, 2 
 
 4172 
 
 4429 
 
 S. 
 
 Schools Con. SEC. 
 
 Regulations for, enforcement n.L'4, 
 
 4444; n. 1, 4oOl, 1 lio 
 State institution- . . . n. 1, 182 
 Terms must be equal - . n. 1. 
 Tuition. See tuition. 
 
 Schools, uniform, iiiu>t be. . n. 8, 182 
 
 School year begins, when 44'.t ( . 
 
 Seal. State Superintendent uses . 44JO 
 Stale J>oard of Education 
 
 has 4420 
 
 Seminary fund belongs to . 183, 4325 
 Settlement between commissioner 
 and county officers does 
 not conclude the State, n. 4, 188 
 
 Sinking fund, interest distributed 4487 
 
 Special tax, leTymnst be made, n. 3, 4490 
 
 State not liable to county . . n. 12, 4325 
 
 State Board of Education formed 4420 
 Books, select. See books. 
 
 By-laws, may adopt .... 4421 
 
 Duties of 4421 
 
 Expenses of 4 r_':i 
 
 Members of . . 4420 
 
 Meetings of 4420, 4422 
 
 Orders carried out by County 
 
 Superintendents .... 4429 
 
 Pay of members of .... 4423 
 
 President of UL'O 
 
 Record of 4 IL'O 
 
 Seal of 4420 
 
 Secretary of 4420 
 
 State Cniversity, Trustee of, 
 
 appoints 4565 
 
 Teachers' certificates, grants 4422 
 State Normal 
 
 Agent, pay of 4560 
 
 Appropriation for .... 
 Buildinir, contract for . . . 4548 
 Christian morality to con- 
 trol .. . . 4-V.3 
 Fund for, how obtained . . 4 ""); 
 Located at Terre Haute . . I"- 17 
 Model school to be organized I " I'.i 
 
 Pre-ident of 4">1"> 
 
 Member State Board Ed- 
 ucation .... 4 1'Jo 
 Pupils, admis-ion of ... l-V)] 
 
 Certificates to 4 ">": 
 
 Diplomas to 4-V>7 
 
 Reports to General Assem- 
 bly 4554 
 
 To Governor 4V. [ 
 
 Secretary of 4546 
 
 Sectariani-m forbidden . . 4 ">">:; 
 
 Trea-un-r of 4.". }.", 
 
 Pay ,,f 4-V.O 
 
 Trustees, studies prescribed 
 
 by 4-V>u 
 
276 
 
 SCHOOL LAW OF INDIANA. 
 
 S. 
 
 State Normal Con. SEC. 
 
 Governor appoints . . 4543 
 Trustees, instructors elected 
 
 by. ... 4550 
 
 Organization of 4545 
 
 Pay of . . 4559 
 Trustees, proposal for dona- 
 tions 4546 
 
 Term of office of .... 4544 
 
 Vacancies in 4544 
 
 Tuition free .... 4552 
 
 Visitors, and their pay . . 4555 
 State University 
 
 Alumni elect a Trustee, 
 
 4566d to 4566g 
 
 Agricultural department in. 4590 
 Appropriation, annual, for. 4660 
 Books from State Library to 4593 
 Building and repairs, com- 
 mittee of . .... 4588 
 Establishment of . . 4561 
 Faculty of, lectures by. . . 4583 
 Buildings cared for by. . 4588 
 
 Powers of 4571 
 
 State Geologist is a mem- 
 ber of 4954 
 
 Vacancies in 4568 
 
 Fund of, how derived - . 4595 
 Borrower of, abstract made 
 
 by 4604 
 
 Accounts with .... 4620 
 State Auditor's warrant 
 
 to 4605 
 
 Endowment. .... 4661a 
 
 Application 4661b 
 
 Bond of State 4661 c 
 
 Loan of State. . . . 4661d 
 
 Mortgage 4661e 
 
 State may borrow . . . 4661 f 
 
 Tax for 4661a 
 
 Loan of 4596, 4621 
 
 Interest on .... 4600 
 
 Judgment for. . . . 4609 
 
 Liens, certificates as to. 4603 
 
 Limit as to 4599 
 
 Mortgage to secure . . 4597 
 
 Form of 4597 
 
 Priority of 4601 
 
 Kecording of . . . . 4602 
 
 Satisfaction of ... 4607 
 
 Note for, form of .... 4598 
 
 Payment of 4606 
 
 Restrictions as to ... 4599 
 Unpaid, how collected. . 4608 
 State Auditor's pay for man- 
 aging 4624 
 
 Treasurer's pay for man- 
 aging 4629 
 
 Payments to 4606 
 
 S. 
 
 State University Con. SEC. 
 
 Receipt of . . - 4606 
 
 Geological examinations. . 4584 
 
 Lands, how cared for 4622 
 
 Appraisement of. 4633, 4634 
 
 Certificates of entry of. . 4642 
 
 Lands, assignment of ... 4642 
 
 On cash sale 4616 
 
 Patent on 4623 
 
 Purchaser gets .... 4640 
 
 Record of .... 4641 
 County Auditor sells, 
 
 when . - . . . 4635 
 Lands, County Auditor's 
 
 pay on sale 4653 
 
 Registers certificate . . . 4641 
 
 Report by, as to 4650 
 
 County officers' duty as to 4659 
 County Treasurer's pay for 
 
 sales. . . . 4653 
 Reports by, as to . . . . 4651 
 Extension of payments on 4630 
 Forfeiture prevented. 4631, 4645 
 Money, how paid ... 4626 
 Notice of sale of ... 4610, 4636 
 Patent issued, when . . . 4649 
 Pay of Commissioners . . 4627 
 Payment to State Treas- 
 urer . . ... 4652 
 Purchase by Auditor, 
 
 when 4612 
 
 Purchaser secures against 
 
 waste . . .... 4647 
 
 Recording and patents . 4628 
 
 Redemption of ... 4646 
 
 Sale, place and manner of 4637 
 
 Certificate for deed . . 4616 
 
 Credit for interest, how 4617 
 
 Fees and damages . . 4618 
 
 Forfeited lands, of . . 4632 
 
 Mortgaged lands of . 4611 
 
 Overplus, disposition of 4613 
 
 Proceeds of 4655 
 
 Report of . . 4656 
 
 Re-sale by Auditor . . 4612 
 
 Statement of 4614 
 
 Terms of - . ... 4638 
 
 Trustee must attend . . 4657 
 Surplus to forfeiting pur- 
 chaser ... ... 4644 
 
 Title to, how evidenced . 4642 
 
 Reverts to State, when 4643 
 
 State in, without deed 4615 
 
 Trustee attends sale . . 4657 
 
 Lands, can not buy . . 4658 
 
 Unsold, subject to private 
 
 entry 4639 
 
 Lease of 4624 
 
 Waste, liability for ... 4648 
 
IM'KX. 
 
 1^77 
 
 4-Vr,d 
 4~>7i! 
 
 4585 
 
 4">'.f_> 
 
 -i"i7:'. 
 4~>'.i4 
 i">7 1 
 
 -1"7'J 
 
 4>>la 
 4-V.-J 
 4676 
 
 rnivei-sity <'. 
 MineralogicaJ collection . 
 il department of. . 
 
 I'nir, iiinary lands 
 
 tO . "... 
 
 ry <>f alumni .... 
 : oiis qualification, none 
 rt, annual, of Trustees 
 Printing of . . . . 
 
 Supt. Public Instruction, 
 
 to . 
 
 holar>hijs t ran-ferable . 
 Perpetual. fee for .... 
 retarv, election of . . . 
 Duties - . . 
 
 tarianism excluded . . 
 sjons of. notice . . 
 tatc (ieologist aids museum 
 Faculty, belong to . . 
 Student-; fnun each county . 
 Notice to counties about 
 Reli_ not re- 
 
 quired .... 
 
 Tuition free for .... 
 Tax for-endo\vinent fund . 
 ion of ... 
 P-ond of . . . 
 
 Duties of ...... 
 
 Trustee^. Hoard of .... 
 
 Allowances, make - 
 
 <i.m l-V.iia 
 
 First, who were . . . 
 
 annual 
 First, where held 
 
 Pav of ... 
 
 ..... 
 
 (Quorum of ...... 
 
 Keport of .... 
 
 Vacancies in ... 4">'..",. 
 
 45(>r,h, 4666c 
 
 hoard of ..... 1">77 
 I>uti. . . 1578 
 
 Keport a- to ahs.-ntee- . 1".. > 
 Statistic-, furnishiMl hy M 
 
 Superintendent . . . \\\ 
 Statute of limitation-, when 
 
 doefl not run . n. 17 
 
 Student^ must submit t<> 
 
 rules, n. 1, 4-V.l : n. 1. 4672; 
 n. 1, 4668 
 Statutcof limitations, timeof 
 
 tiliiii: complaint n. IS. I J:'.7 
 
 Statute of limitation can not 
 he interposed against di- 
 rect triM . . . n. 2, 188 
 
 Studies, dntv of Trustee as to 
 
 n. 1. ll'.'7 
 
 Ad.litional . . . . n. '_', 4 1'.'7 
 Alirehra ...... n. 1. ll'.C 
 
 . r>,n 
 
 to 4.V,i;h 
 
 4~>;:; 
 
 . 4~>t;4 
 
 State University ('on. 
 
 District meetings deter- 
 mine 4 1'.!> 
 
 < u-nnan n. ">, 44!7 
 
 Latin n. 1. 4 i!'7 
 
 Music Q, C-. 41'.i7 
 
 Studies, order of - - n. ". 44'.7 
 Teacher's contract to 
 
 teach n. 4, -U'.I7 
 
 What shall he taught . 44'.'7 
 What teacher shall be 
 
 examined in 44'Jo 
 
 Subrogation, purchase, under 
 
 mortgage . n. 6, 4395; n. 14, 4392 
 Succession toschool property 
 
 n. 1. 4l:!7; n.' 4, 4438 
 Suits. Attornev-( ieneral mav 
 
 bring n.*3, 4326 
 
 Auditor, may bring, 
 
 when . 4383 
 
 Against school trustees 
 
 of town or city . n. S, 4437 
 Against township and 
 not against trustee 
 personally . n. '., 4437 
 
 For school taxes, n. 10, 4437 
 < >n treasurer's bond 
 
 n. 52, 4439 
 
 City, against or for . . 4438 
 Complaint, what must 
 
 show n. 18, 4437 
 
 County Commissi. 
 
 suing n. 2, 4399 
 
 . . . 4535 
 
 County Superintendent 
 
 may bring, when 4435 
 
 How brought, 4634; n. X, 7 to'.', 
 : n. 1, 4534 
 Mandate can not take place 
 
 of . n. 11, 1I.-.7 
 
 Process, how served . . n. 1, 4636: 
 n. _', 44:57; n. 3, 12, 4438 
 Hiirht to bring. 4 l'J! 
 
 Statute of limitations . n. 17. 4 l.">7 
 Teacher may sue for his sal- 
 
 . . n. i>, It::'.' 
 
 Town, for or aLrain-t . 4438 
 
 Township, for or against 4437 
 
 When may I,,- brought . . n. 4, 4390 
 
 Superintendent <>! r t ty , how 
 
 elected * 444- 
 
 Duties 111-'. 
 
 Pay 44 lo 
 
 Superintendent </ rnntir. See 
 ( 'ounty Superintendent. 
 
 Superintendent <>f /'/<//< In*irnc- 
 
 tinn appeals to ... . 4538 
 
 Apportionment, prints -: 
 
 ment of. ' 4483 
 
278 
 
 SCHOOL LAW OF INDIANA. 
 
 s. 
 
 Superintendent Con. SEC. 
 
 Balance of, duty as to . 4485 
 
 Normal school fund . . 4556 
 
 Kevenue (of), makes . 4477 to 
 
 4482 
 
 Attorney, may employ . n. 2, 4413 
 Blank forms, furnishes. . . 4415 
 Books, duties as to. See 
 
 Books. 
 Bookkeeping, prescribes 
 
 forms of 4416 
 
 Clerks for 4408 
 
 Salary of 4419 
 
 Counties, must visit .... 4411 
 County^ Auditor's books, ex- 
 amines 4411 
 
 Defaulting, brings suit 
 
 against 4405 
 
 Penalty for failure. - . . 4481 
 School revenue, reports, 
 
 4478 to 4481 
 
 County Superintendents re- 
 port to .... 4428, 4429 
 Names of reported to . . 4424 
 Documents, supplies. . . . 4418 
 
 Duties 4408 
 
 Election of 4406 
 
 Expenses of, paid 4412 
 
 Funds, supervises .... 4413 
 Deficit in, duties as to . 4326 
 Diminution of county, 
 
 when. .... 4481 
 
 Normal school, to ... 4556 
 Report to, as to divided 
 
 ' township 4336 
 
 Suit for, may order . . 4413 
 General Assembly, reports 
 
 to .... .... 4410 
 
 Governor, reports to .... 4409 
 
 Instructions, Superintend- 
 ent furnishes . . . 4415 
 Interest, looks after .... 4326 
 
 Lectures 4411 
 
 Libraries, furnishes books to, 4418 
 Member of State Board of 
 
 Education . . 4420 
 
 Opinions, gives . . n. 2, 3, 4408 
 
 Normal School is Trustee of 4543 
 
 Oath of 4407 
 
 Office provided for ... 4408 
 President of State Board of 
 
 Education 4420 
 
 Prosecutor, Superintendent 
 
 may direct, when . 4413 
 
 Reports from . . . 4409, 4410 
 
 Reports to 4336, 4346, 4401, 4414, 
 
 4424, 4428, 4429, 4440, 4446, 4478 
 
 to 4481, 4482 
 
 Salary of 4419, 4427 
 
 Superintendent Con. SEC. 
 School laws, prints and dis- 
 tributes 4417 
 
 School officers, must meet . 4411 
 
 Opinions, gives to. 4408 
 
 Schools, manages business of 4408 
 
 Seal uses : . 4420 
 
 State Board of Education, 
 
 member of 4420 
 
 State University, reports to. 4582 
 
 Is visitor of. 4577 
 
 Statistics, furnishes .... 4410 
 Suits, cause to be brought, 
 
 4405, 4413 
 
 Teachers, must counsel with 4411 
 Term of office. ... 189 
 
 Commencement of. ... 4407 
 Traveling expenses of ... 4412 
 Visits counties . . 4411, n. 1, 4411 
 Summons, how served . . . n. 12, 4438 
 Surplus on sale of land, disposi- 
 tion of. ... 4392, n. 3, 4, 4347 
 Special revenue .... 4447, 4492 
 Surplus revenue fund, sale of 
 
 lands of 4364 
 
 Belongs to schools 183 
 
 Investment of 4368 
 
 Suspension, willful or malicious 
 
 act necessary to warrant, n. 7, 4505 
 Mandamus lies to compel res- 
 toration of pupil illegally 
 suspended .... n. 35, 4505 
 Pupil may be for tardiness, 
 
 n. 15, 4505 
 Unreasonable rule as to, 
 
 n. 9, 4505 
 Pupil may be for refusing to 
 
 declaim. . . . n. 19, 38, 4505 
 May be for immorality or 
 
 licentiousness . n. 18, 27, 4505 
 May be for failing to use 
 
 adopted books . . n. 22, 4505 
 May be for habitual ab- 
 sence. . . : n. 23, 4505 
 May be for misconduct, 
 
 n. 24, 4505 
 May be by teacher though 
 
 opposed by officer . n. 26, 4505 
 May not be for attending 
 
 party . ... n. 28, 4505 
 
 May not be for writing 
 
 newspaper article . n. 29, 4505 
 May be for refusing to pre- 
 pare rhetorical exercise, 
 
 n. 37, 4505 
 May be for refusing to 
 
 write composition . n. 37, 4505 
 Swamp lands belong to school 
 
 fund 183, 4325 
 
tNDEX. 
 
 I 
 I 
 
 
 T. 
 
 annual levy 44'i"> 
 
 -incut 
 
 Auditor'.- duty as to .... 
 
 I'.auk stock liable t<> . . n. 5, 4407 
 
 r>u:ird make- independent of 
 
 ( 'ommissioners . . . . n. 8, 44t'>7 
 IJonds for school buildings, 
 
 to pay 44! '( 
 
 liuilding-. erection of . . . 44C.7 
 Collection of, from transfers 
 
 n. :;. 4. C). 4474 
 Dog tax surplus, distribu- 
 tion . n. 1, 3, 4, 5, 44^7a 
 
 Kxpei.-i- !'' r 44C.7 
 
 ( 'ommi ioners have no con- 
 trol over levy . . n. 9, 44',7 
 Constitutional limit applies 
 
 to towns n. 11, 4488 
 
 Tax payers may advance 
 
 monev for 4467 
 
 Collection 4468 
 
 In large cities .... 44C.1 
 K.\pen-e of schools, for . . 4 If, 7 
 
 Fuel, for 44t'.7 
 
 Legal i/ed . . . . n. 1, 44i"> 
 
 Levy, who makes n. '2, 
 
 4467; n. 1. _>. 4 Hi'.' 
 May he made by Legisla- 
 ture or hv local school 
 
 otli, n. ',. 
 
 In laix'c cities. . . 44<i<) 
 
 Penalty n. 15, 
 
 Limit in large city .... 
 
 ial tax -1 l. 7 
 
 To pav debt-, ohliiratorv . 
 
 Lihrarv honds 4-V_',- 
 
 Li.-n ' n. ::. 4792 
 
 < >n land hid in hy Auditor. 
 ... :, 
 
 tuition 
 
 Management of. hy Trustee. 4 17" 
 Manual training school . . 4447f 
 Poll. School Commissioners 
 
 cannot levy ... n. 1. 
 Race, no discrimination in . 4 It if, 
 Hi-port of Auditor concern- 
 in- . . 4!7> 
 
 Contents 41,'.' 
 
 When made 4478 
 
 Ueport of tran-fer- .... 4 1'^ 
 
 Sd 1 ( 'ommi ionrr- L rj 
 
 receipt for .... 4-VJ7:' 
 
 School lands -ohl. subject to -\:\''<\ 
 al for huildings and 
 furniture. ... . I I* -7 
 
 -titutionality of. . n. 1. I I 1 7 
 County Commis-ioner-. no 
 
 control over . . . . n. ">. 1 I'" 
 
 Taxes, for general purposes in 
 
 citv or town . . 44!M> 
 
 To pity dehts. .4471; n. 1, 4471 
 Taxes, special, who K-vy- . n. 2,6, 1 1'>7 
 Tax title. Inferior to mort- 
 gage lien . n. X. 48S.S; n. -\ 
 Tran-ferr'<l. per.-on taxed . 
 
 4468; n. 7. 1I7.",: n. 4, 4474 
 Treasurerof County col! 
 
 when ... . . 4468 
 
 Treasurer'- (|u'u-tus to . . . 4-VJ<b 
 
 Trustee, local, levy hy . 44h'i) 
 
 Trustee, time of election of. 444<>;i 
 
 Must contract, asofficer, n. 9, 4601 
 
 Act in official capacity. 
 
 n. 39, 4 .-.ol 
 Tuition . ..... 4465, 4469 
 
 How applied 4470 
 
 Uniform, mart be. . .4466,4494; 
 n. 1, H'.'4 
 
 Wrong corporation receiv- 
 ing, liability n. 9, 4 473 
 
 Teacher, assault upon . n. 2, 4507 
 Authority over pupils. . n. 3, l"><>4 
 Authority out of school . n. 4, 4504 
 Abolishing school, effect on 
 
 contract n. 47, 4439 
 
 Authority as to suspension . 
 
 n. 24, 4439 
 
 Bible, reading n. 2, I4 ( .:i 
 
 Care of school property . n. 17, 1 144 
 
 Compensation n. 1, 4444 
 
 When forfeited 4-'.ol 
 
 Contract, blanks in . n. 3, 4501 
 Abolishing department 
 
 does not affect n. 37, 4501 
 
 Cannot he affected hy burn- 
 ing of -chool bouse . n. 33, 4501 
 Contents . n. 17. 4141: n. s, 4-'>nl 
 How made. n. <>, 4444 ; n. IS, 4439 
 Illegal clause in contract 
 
 of . . . . n. 32, 4501 
 
 Lack of funds . . n. 3, 4'.iI 
 
 License necessary . . n. 1. 4">ol 
 
 Verbal n. 3. ir.nl 
 
 When made .... n. 7. 1141 
 Written . . . n. 3, 4501 
 
 Mav In- made with old 
 
 hoard n. 45, 4439 
 
 .in-- contract n. 1C., 4439 
 ( 'orporal punishment, indict- 
 ing tt. 8, rj. i:,o.-. 
 
 Discharged without can 
 
 n. L'O, 4501 
 
 Dismissal . . 45n] : n. :>, 4501 
 Damages for wrongful, 
 
 n. 13, 4501 
 
 Ille-al. re-ult . . . n. 5, 4501 
 < >n majority vote . . n. 5, 4501 
 
280 
 
 SCHOOL LAW OF INDIANA. 
 
 T. 
 
 SEC. 
 
 Teacher, strictness of court trial 
 
 not required . . . n. 34, 4501 
 
 Employment. 4444 ; n. 3,4499, 4501 
 
 License expiring 4501 
 
 Employment, record of, n. 3, 4501 
 
 Who makes n. 19, 4437, 4444 
 
 Of Trustee as teacher, n. 26, 4439 
 
 Examined, how . . . 4425, 4502 
 
 In two counties . . . n. 15, 4425 
 
 Execution to collect pay, 
 
 n. 3, 4501 
 Failure of authorities to 
 
 furnish school . . . . n. 2, 4449 
 Failure to perform duty un- 
 der contract . . . . n. 12, 4501 
 {German teacher must have 
 
 license n. 13, 4425 
 
 Holidays, gets 4501 
 
 Illegal clause in contract of 
 
 n. 32, 4501 
 
 Immorality of n. 5, 4426 
 
 Incompetent, may be re- 
 fused license .... n. 19, 4425 
 Infant may contract to teach 
 
 n. 31, 4501 
 Institute, must attend . . . 4520 
 
 Pay for n. 2, 4520 
 
 Insulting 4507 
 
 Liability of Trustee to.n. 1, 2, 4441; 
 n. 2, 10, 4501 ; n. 3, 4486 
 License, must have 
 
 4501 ; n. 1, 4501, 4460 
 May make rules 
 
 n. 20, 4501 ; n 5, 34, 4505 
 May refuse to teach refrac- 
 tory pupil n. 29, 4501 
 
 Minor, may be ... n. 2, 3, 4501 
 
 Moral character of .... 4425 
 
 Names not reported, when . 4428 
 
 Old board employing . n. 2, 4445 ; 
 
 n. 7, 4444; n. 13, 4439; n. 3, 4501 
 
 Patrons electing . . . n. 2, 4444 
 
 Pay, funds giving out . n. 3, 4501 
 
 Execution to collect . n. 3, 4501 
 
 Forfeiting . . . . 4501 
 
 Of graded school . . n. 15, 4444 
 
 Private examinations of . 4427 
 
 Protest of patrons . n. 4, 4501 
 
 Qualifications of 4501 
 
 Record of employment . n. 3, 4501 
 Keligious belief . . . n. 2, 4493 
 Remedy to recover pay . n. 2, 4486 
 Removal, practice . . n. 4, 4426 
 Report, must make, 
 
 4449 ; n. 2, 4449 
 
 Contents 4449 
 
 Penalty 4449 
 
 Private teacher . n. 1, 2, 4509 
 When makes .... n. 1, 4449 
 
 T. 
 
 SEC. 
 
 Teacher, resignation of . . . n. 8, 4444 
 Rules, reasonableness of. n. 6, 4505 
 
 State certificate to 4422 
 
 Substitute teacher . n. 25, 4501 
 Suit for wages . n. 9, 4439 ; n. 3, 4501 
 Trustee cannot employ him- 
 self . . . . n. 5, 4444 
 Not personally liable . n, 3, 4486 
 Want of funds to pay, no 
 
 defense . . . . n. 2, 4486 
 
 Who may employ . . . n. 2, 4445 ; 
 
 n. 7, 4444; n. 3, 4501 ; n. 13, 4439 
 
 Withholding wages . . n. 3, 4449 
 
 Terms, length of school .... 4495 
 
 Uniform, must be. 4494; n. 1, 4494 
 
 Text-books, change of 4436 
 
 See books. 
 Timber, sale of lands with . . . 4346 
 
 Cutting 4346 
 
 Time, how reckoned 4495 
 
 Month 4495 
 
 School day, board may fix, 
 
 n. 25, 4439 
 
 Term 4495 
 
 Week 4495 
 
 Year 4495 
 
 Title, how taken to school prop- 
 erty 4508 
 
 Joint school 4513 
 
 Tax title, inferior to school 
 
 mortgage lien.n. 3, 4380; n 5, 4395 
 To school money . . . . n. 2, 4440 
 To school property, 
 
 n. 9, 4488; n. 2, 4511 
 When \jests in State without 
 
 deed 4396 
 
 Towns, corporation for schools, 
 
 are ... 4438; n. 2,4438 
 Bonds for building, may sell 4488 
 County Superintendent con- 
 trols . n. 3, 4429 
 
 Dog fund, division of, with, 
 
 n. 3, 4487 b 
 
 Joint graded schools in 4446 
 
 Not entitled to dog tax . n. 5, 4487a 
 Pupils outside may attend . 4490 
 School corporation is . 4438 
 
 Suits .... . .u.l, 4438 
 
 Superintendent in 4445 
 
 Trustees, fined, when . . . 4451 
 Election of . . ... 4439 
 
 Unincorporated, bequest to 
 
 aid 4514 
 
 Bonds for 4514 
 
 Petition for .... 4514 to 4516 
 Sale of bonds .... 4516 
 
 Townships, boundaries of ... 4331 
 Civil can not build school 
 
 house n. 6, 4437 
 

 IM.KX. 281 
 
 T. 
 
 ,, 
 
 BBC, 
 
 4437 
 
 n>hip. contracts of .... 
 ratloi; I'm- -chool pur- 
 poses . - 11. -'. l-i:;7 ; n. ! 
 . :ity lint 1 , dividing . 
 I>ivi-i<.n of fuiuls, with 
 
 town n. 8, 4438 
 
 .Judicial notice of . - n. 10, 4437 
 Mu>t own or lease school 
 
 premies . n. 4:>, 4444 
 
 Name ,f . . 41:17; n. 2>, '21, 4437 
 Pleadinirs mu>t designate the 
 corporation, civil or school, 
 
 n. 7, 4437 
 
 Power oi n. n;, H:;7 
 
 Presumption raised by use of 
 
 name n. <i, 1 l:',7 
 
 Proee--, how served upon, 
 
 n. -2-2, 44:57 
 
 Suits 44:57. 4438 
 
 Traffic in quo-lions forbidden . 4421:i 
 Transfers adjoining, when must 
 
 nade .... n. 2, 447:5 
 
 Appeal from . 4537; n. 1, 447:5 
 
 Auditor's duty n. ~>, 447:5 
 
 licit er accommodations . n. :;. 117.'! 
 Constitutionality of law - n. 10,4473 
 Comity Superintendent, duty 
 
 concerning n. 5, 447:5 
 
 I>i-mi al of . . n. 17, 1 17:; 
 
 Enumeration of, 
 
 n. 5,4472; 4 472, 4473 
 n one county to another . 4474 
 ice of . . . . . n. ~>, 4 17:5 
 Payment for transfers . . . 117! 
 Pri :>er-<ns trail-- 
 red n. 1:;, 1 17:5 
 
 n. <;, 4 17:: 
 
 i-al to receive person 
 tran-t'envd n. 12, 1 17:5 
 
 Removals, lialiilitv for tax 
 
 n. 7, 4473; n. 4. 4471 
 
 Report .f 11. '_'. H71 
 
 ran-fers . . . . n. 4. 1 1. 4 173 
 
 Kiirht of. ..... n. 1. 117:; 
 
 Taxing tran.-l'envd per-ons 
 
 n. 2. 4470; ,,. 7. -J|. 4473 j 
 4490; n. 5, <>, 7. ll'." 
 Bonds, liable for . . n. 5, 4 I'.'o 
 Tenant-' pn>p,rtv can not 
 
 he taxed. ..".... n. 7, 117:; 
 
 Wife's property can not be 
 
 taxed n. 7, 417:; 
 
 What amounts to . . . n. S. 1 17:1 
 
 When made n. 1, 117:: 
 
 Who may he 4473 
 
 Wronir corporation receiv- 
 ing tax n. 'J, 417:5 
 
 TreaMiivr '^. . bond in large 
 
 city . : 4460 
 
 SEC. 
 
 . election and 
 
 bond .' 4439 
 
 Incoming Treasurer enti- 
 tled f> receive money only 
 from his predecessor . n. ">3, 4439 
 Treasurer (county), collects school 
 
 tax . 44(18 
 
 Pays tax to C'ity Treasurer. 4401 
 Report, makes of fund of . 
 Re-sale of land . . . 4:547 
 
 Sale of land, attends . . . 434"> 
 School money, receiv 
 
 n. 2, 4388 
 Treasurer (State], pays fund to 
 
 county . . . . . . 4484 
 
 Treasurer (town), election and 
 
 bond. .... 4439 
 
 Truancy, expulsion for n. 2, 4505 
 
 Tuition, advancement by Trus- 
 tee, reimbursement . n. 15, 4441 
 Annual levy of ... 4465 
 
 Anticipating . . 4442; n. 1, 4470 
 Application of . . . . n. 2, 4442 
 
 Apportionment of by Audi- 
 tor of State . . . 4484a 
 According to enumera- 
 tion 4432 
 
 By County Superinten- 
 dent . . 4434 
 Auditor of State, draws war- 
 rant for .... 4484a 
 Books, used to pay for . n. 11, 4444 
 Constitutionality of levy 
 
 for . n. 4, 4469 
 
 Detined 
 
 Diminished for failure to 
 
 report 4431 
 
 Expenditure of, within vear 
 
 ' 1 142, 4499 
 Expense of collecting can 
 
 not be deducted from . . 4:5i!o 
 Fees can not be taken from 
 
 4326; n. 8, U'i'. 
 Formation of town, division 
 
 of n. 2. 4508 
 
 Levy of, who makes . n. 1. 2, 4469 
 License money forms part 
 
 of n. 10, 4325 
 
 Local tax for I !<>'. 
 
 II..W levied 1170 
 
 Mandate to compel applica- 
 tion of n. 2. 4141 
 
 Mixinir with other fuiuls. n. Hi. 1111 
 
 Ownership of n. IS. 4 HI 
 
 Payment of, by non-resident 
 
 n. 4. 1490 
 Private school, can not be 
 
 used for n. 4, 4509 
 
 Kate of foreign .... n. 40, 4439 
 
 II 
 
282 
 
 SCHOOL LAW OF INDIANA, 
 
 T. 
 
 Tuition Cow. SEC. 
 
 Rents deducted from . . . 4328 
 Report of transfers for . . 4473 
 Surplus special school fund 
 can not be transferred to 
 
 n. 4, 4467 
 Town incorporated within 
 
 Township n. 5, 4486 
 
 Township n. 5, 4486 
 
 U. 
 
 Uniformity of school terms, 
 
 4494 ;n. 1, 4494 
 
 Uniform system n. 10, 4467 
 
 Unsafe investments . . . n. 1, 4400 
 Use of school house for private 
 
 purpose 4509, 4510 
 
 V. 
 
 Vacancy in office of County 
 
 Superintendent 4424 
 
 City or town Trustee . . 4439, 4459 
 Township Trustee n. 5, 4440, 4440b 
 Vaccination, duty concerning, 
 
 n. 4, 4429 
 
 Power to compel . . n. 5, 4429 
 Vacation, holidays falling in, 
 
 n. 41, 4501 
 Visits, County Superintendent 
 
 makes 4429 
 
 Director makes 4505 
 
 State Superintendent makes . 4411 
 Voters, defined, 
 
 n. 4, 4501 ; n. 2, 4509, 4499 
 
 Lessees n. 1, 4339 ; n. 1, 4729 
 
 Meetings of 4499 
 
 Petition by for removal of school 
 
 house 4499 
 
 V. 
 
 SEC. 
 
 Petition, to sell, school house 4499 
 Plurality will control . . n. 12, 4499 
 
 Repairs "direct 4499, 4500 
 
 AVho are .... n. 1, 4498, 4499 ; 
 n. 4, 4501 ; n. 2, 4509 
 
 W. 
 
 Wages, unlicensed persons may 
 
 recover reasonable . n. 14, 4501 
 Garnishment of . . - . n. 40, 4501 
 Not affected by failure to 
 
 send to School . . n. 22, 4501 
 For attendance upon town- 
 ship institute, paid out of 
 special School fund . n. 4, 4520 
 Warrant on Treasurer to bor- 
 row 4383 
 
 To counties by State Auditor 4484 
 Warranty of title by State . n. 3, 4383 
 Waste, injunction to prevent on 
 
 school lands . . n. 2, 4346 
 Liability for, in case of for- 
 feiture 4349 
 
 Suit for 4350 
 
 Week of school, what is .... 4495 
 Wife, signature to mortgage 
 
 necessary ..... n. 1, 4385 
 Will, devise to township for 
 
 schools n. 4, 4437 
 
 Witnesses, use of on appeal . n. 1, 4537 ; 
 
 n. 1 4538 
 
 Must be sworn . . . . n. 16, 4501 
 Women eligible to school offices, 4540 
 
 Bond of binding 4541 
 
 Constitutionality of act, n. 1, 2, 4540 
 Worship, reading Bible . . . n. 3, 4493 
 
 Y. 
 
 Year, school, when begins . . . 4499 
 

THIS BOOK IS DUE ON THE LAST DATE 
 STAMPED BELOW 
 
 AN INITIAL FINE OF 25 CENTS 
 
 WILL BE ASSESSED FOR FAILURE TO RETURN 
 THIS BOOK ON THE DATE DUE. THE PENALTY 
 WILL INCREASE TO SO CENTS ON THE FOURTH 
 DAY AND TO $1*00 ON- THE SEVENTH DAY 
 OVERDUE. 
 
 1.00 QN./THI 
 
 4oep 47 T 
 
 .3 1947- 
 
 LD 21-100i-12,'43 (8796s)