A 2 3 8 5 4 ! 7 7 *» THE SCHOOL LAWS OF PORTO RICO Secretary of^lne Department of Education COMPI CARE^rT KLE, PUBLISHED BY THE DEPARTMENT OF EDUCATION AUGUST, 1914 SAN JUAN, P. R. Bureau of Supplies, Printinq. „and Transportation. pw 1 4 •-- l -V UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY R 379.14 P977 1914 ?iu ffe Rico. L * w» , st>tui*s , etc . THE SCHOOL LAWS OF PORTO RICO COMPILED BY CAREY HICKLE, Secretary of the Department of Education PUBLISHED BY THE DEPARTMENT OF EDUCATION AUGUST, 1914 SAN JUAN. I'. R. Bureau of Supplies. Printing, and Transportation. Si PREFACE r riiis edition of the School Laws of Porto Rico includes the ('edi- fied School Law enacted by the Legislative Assi mbly in 1903, with amendments and repealing clauses indicated, togethi r with all sub- sequent independent acts and amendments in force at the time of compilation. For convenience in reference the laws are paragraphed consecu- tively regardless of the sections of the original school law, although the original section numbers are retained in all paragraphs forming a part of the Codified School Law of 1908, in conformity with sec- tion 7 of the Political Code. The rules and regulations of the Department, authorized in sec- tion 66 of the original school law, are included in this volume imme- diately following the last paragraph of the laws. The index is topical and refers to the paragraphs in which Hie subjects are treated. The English text is official and must be followed if the English and Spanish texts appear to differ in meaning. Edward M. Painter, Commissioner of Education. San Juan, P. R., August 1, 1911. j47«7 THE SCHOOL LAWS OF PORTO RICO AN ACT TO REVISE, AMEND AND CODIFY THE GENERAL LAWS AND REGULATIONS RELATING TO PUBLIC EDUCATION IN PORTO RICO, TO AMEND THE CODES, AND FOR OTHER PURPOSES. Be it enacted by the Legislative Assembly of Porto Rico: TITLE OP LAW. (1) Section 1. — This act shall be referred to as the Codified School Law of Porto Rico. GENERAL PROVISIONS. (2) Section 2.- — The Commissioner of Education is hereby author- ized and directed to establish and maintain a system of free public schools in Porto Rico for the purpose of providing a liberal education to the children of school age, i. e., between the ages of five and eighteen years; to establish higher institutions of learning, including colleges, universities, normal, industrial, mechanical and high schools, together with such other educational agencies as said Commissioner may find necessary and expedient in order to promote the educational devel- opment of the Island. In addition to the rural and graded schools which shall constitute the regular common-school system, said Com- missioner is hereby authorized and directed to establish, maintain and direct so far as the resources placed at his command will per- mit, such special schools as in his judgment are necessary to meet special educational needs, such as kindergarten schools, night schools, agricultural schools, professional and commercial schools, and schools in penal and charitable institutions, either under private or public management, where the same can be maintained in general harmony witli the public-school system and in harmony with its general stand- ards; Provided, That the pupils in said special schools may include others than those of school age. The Commissioner of Education, the Assistant Commissioner, the secretary of the department and the general superintendents of schools shall have power to adminis ter oaths and take sworn testimonies on school matters. ELECTION OF SCHOOL DIRECTORS. (3) Section 3. 1 — The qualified voters of each municipality shall elect at each regular municipal election, three (3) persons with the requirements specified in section 4 of this act as directors of the pub- lic schools of said municipality, who shall serve without compensa- tion, and who shall he elected in the same manner as other municipal officers, and whose election shall he certified in the same manner as that of other officers elected at the same time. The three directors thus elected shall be known as the school board and shall hold office for four years from and after the first day of January next ensuing after their election and until their successors have been elected and qualified. qualifications of school directors. (4) Section 4. — Section 4 of "An act to provide for municipal elections in Porto Rico," approved February 11, 1902, is hereby amended in its application to persons who may be candidates for school directors. No one shall be eligible to election as school direc- tor unless he is a citizen of Porto Rico or of the United States ; unless he has been a resident within said municipal district or school dis- trict for six months next preceding the date of said election, and unless he knows how to read and write. All persons duly elected at any regu- lar municipal election shall take office on the first Monday after the first Sunday in January next succeeding such election and shall qualify as other municipal officers by taking the prescribed oath of office. Refusal or neglect of a school director to file his official oath of office within fifteen (15) days after the commencement of the term of office for which he was chosen, renders said office vacant and the Commissioner of Education is hereby authorized and directed to fill said vacancy by the appointment of a person possessing the necessary qualifications of a school director and of the same political party as that of the person who was duly elected by the people to fill the position thus made vacant. ORGANIZATION OF SCHOOL BOARD. (5) Section 5.- — On the first Monday after the first Sunday in January, following a municipal election, the school board shall meet in ordinary session and proceed to the election from their own num- ber of a president and a secretary, certifying said organization and officers to the Commissioner of Education. They shall in like man- 1 \s amended March 14, 1907. - As amended March 8, 1906, and March 10, 1910. ner proceed to the election of a treasurer who may be the treasu: \ secretary-comptroller or comptroller of the municipality or any other person, but who shall not be ;i member of the school board and who must be a duly qualified voter of the municipality; Provided, That when a school board deems it necessary, it may appoint any teacher as treasurer, although lie is not a legal resident of the district. The election of said treasurer shall he certified to the Commissioner of Education in like manner as thai of the president and secretary. The treasurer of the school board must conform in every condition and respect to the regulations provided by law for the regulation of duties of treasurers of municipalities. He shall pay only such amounts as are authorized by warrants signed by the president and the secretary of the school board and no account shall be allowed unless previously ordered at a regular or duly called meeting of the said school board, and the date of said meeting shall be stated in the warrant. The treasurer shall receive a salary of five per cent of all funds actually disbursed by him. in all municipalities wherein the annual income of the school board thereof does not exceed ten thousand dollars ($10,000) ; four per cent of all funds actually disbursed by him in all municipalities wherein the annual income of the school board thereof shall be over ten thousand and less than twenty thousand dollars; three per cent of all funds actually disbursed by him in all municipalities wherein the annual income of the school board thereof shall be over twenty thousand and less than thirty thousand dollars; and two and one-half per cent of all funds actually disbursed by him in all municipalities wherein the annual income of the school board thereof shall exceed thirty thousand dollars; Pr<>viil< vid< d, further, Thai it is hereby made the duty and obligation of the school hoards to maintain said build- ings and other property in good repair and that in the evenl of fail- ure to comply with its obligation, after three months' notice by the Commissioner of Education, it shall be the duty of the Commissioner of Education to make all repairs which are absolutely necessary for the preservation of said buildings and property at the expense of the Insular Government, charging the same to the respective school boards ; and it shall be the duty of the Treasurer of Porto Rico to retain from any moneys due the said school boards the cost of such repairs during the fiscal year in which such repairs were made unless the school board shall, by appropriate ordinance approved by the Commissioner of Education, request that the repay im nt of such cost be distributed over two fiscal years: Provided, further, That the transfers which The People of Porto Rico may make to the school boards as herein provided shall be inscribed in the registry of prop- erty wherever this is to be done, by means of a certificate issued and authorized by the Commissioner of Education and in compliance with the requirements of the Mortgage Law. (13) 1 The school boards of the respective municipalities of Porto Rico are hereby authorized and empowered to acquire by purchase, or otherwise, lands held by possessory titles in the rural districts of Porto Rico, for the construction thereon of rural school buildings ; Provided, however, That such land is free from all encumbrances and is recorded in the registry of property in the name of the vendor or grantor. All conveyances hereby authorized shall be in writing and shall he recorded in the registry of property, and are hereby exempted from the payment of all internal-revenue taxes, and the recording thereof shall be made free of charge. CONTRACTING OF INDEBTEDNESS. BORROWING OF MONEY AND ISSUING BONDS. " (14) That no municipal corporation in the Island of Porto Rico shall become indebted in any manni r or for any purpose, including 1 Act of March 13. 1913. -Act of Fetrurai 19, I'M: 1 ., as amended March 12, 1914. !,) all existing municipal and school-board indebtedness, in excess of seven per centum of the aggregate tax valuation of its property, to be ascertained by the last assessment for insular purposes previous to the incurring of such indebtedness; Provided, That no municipal corporation shall become indebted, including all existing indebtedness for all purposes other than school-board indebtedness, in excess of six per centum of the aggregate tax valuation of its property, and that no school board shall become indebted, including all existing indebtedness, in excess of one per centum ,of the assessed tax valuations? of the municipality in which such school board is situated. (15) That all municipal corporations and school boards in Porto Rico are hereby empowered to borrow money, to contract indebted- ness and to issue bonds, for the purposes and in the manner prescribed in this law. (16) That any municipal corporation may contract indebtedness,, borrow money and issue bonds on its own credit to an amount not exceeding six per centum of the aggregate tax valuation of its prop- erty, to be ascertained by the last assessment for insular purposes previous to the incurring of such indebtedness, for any or all of the following purposes : taking up or making payments on its floating indebtedness and liabilities ; refunding its existing bonded indebted- ness ; constructing or purchasing waterworks, sewers, public buildings or bridges; grading and opening streets and roads or for other nec- essary public improvements; Provided, That any part of such indebt- edness may be incurred by any municipality to assist the school board in the purposes specified in section 4 (par. 17) of this act. (17) That any school board may contract indebtedness, borrow money and issue bonds on its own credit to an amount not exceeding one per centum of the aggregate tax valuation of the property of the municipality in which such school board is located, to be ascertained by the last assessment for insular purposes previous to the incurring of such indebtedness, for any or all of the following purposes: taking up or making payments on its floating indebtedness and liabilities ; refunding its existing bonded indebtedness; building school buildings, or making additions or necessary repairs to its property. (18) That in addition to the purposes specified in the preceding sections for which municipal corporations and school boards may con- tract indebtedness, borrow money and issue bonds, any municipal corporation or school board may, in case of emergency, request a temporary loan from the insular funds, for increasing existing or providing new budgetary appropriations for other than administrative- expenses. 10 (19) That any municipal corporation or school hoard desiring to incur indebtedness, horrow money or issue bonds on its own credit, shall submit to the Executive Council of Porto Rico an ordinance duly passed by the said municipal council or school board and ap- proved, in the case of municipal corporations, by the mayor, or, in the case of school boards, by the Commissioner of Education, which ordinance shall recite the circumstances rendering desirable the in- debtedness or loan to he incurred, the amount of the same, the purpose or purposes to which it is to lie devoted and shall provide for 'he discharge or repayment of the same with such interest and on su< h terms as the municipal council or school board may determine. (20) That if bonds are to be issued, the said ordinance shall also state their denomination and whether in registered or coupon form. (21) That if the ordinary receipts of a municipal corporation in which it is desired, either by the municipal corporation itself or by the school board co-terminous therewith, to contract indebtedness, borrow money or issue bonds, for either municipal or school-board purposes, as provided in sections 3 and 4 (pp. 16 and 17) of this law, are not sufficient to provide for both the interest and principal of the same as they shall become due, then the president of the munici- pal council may convene the municipal council and the property taxpayers of the district and, in joint assembly, by individual vote, they shall decide whether or not a special tax, not to exceed twenty- five one-hundredths of one per centum of the last assessed valuation of the real and personal property of the said municipality, shall be levied, and if the said assembly, by a vote representing- a majority of the property taxpayers present, does decide that a special tax shall be levied and fixes the rate of the same, then the municipal council shall pass an ordinance providing for the same, to become effective at the beginning of such future fiscal year as the municipal council with the approval of the Executive Council of Porto Rico may determine. (22) The joint assembly of the municipal council and the prop- erty tax payers shall be held at the place most adequate for holding the number of tax payers that should be cited for said assembly, which shall he convened in the following manner: During six conse- cutive weeks immediately prior to the date for holding the assembly, notices of the same shall be posted in the offices of the mayor and of his commissioners in the barrios of the municipality and in the local post offices. Such notices shall bear at the top. the word "Notice !' in letters measuring not less (than) three (3) inches in height in heavy-face type, and the body of the notices shall be of a size of type plainly legible. A notice of the assembly shall be published twice n each, week for six consecutive weeks immediately preceding the date of the same, in a local newspaper, if there be any, having a general circulation, also in two newspapers of general circulation throughout the Island. (23) In addition, the secretary of the municipal council shall mail or cause to be mailed at least) thirty (30) days prior to the date for holding the assembly, a printed notice thereof to each of the property tax payers of record on the tax rolls of the bureau of prop- erty taxes of the office of the Treasurer of Porto Rico. (24) The president and secretary of the municipal council shall be president and secretary respectively of the assembly. (25) The voting shall be by ballots, which ballots shall state the purpose or purposes for which the tax is to be levied, and the rate of 4he same, and shall bear the words 'yes' and 'no' with appropriate spaces opposite each in which the voter may indicate his will by a check mark. Each ballot shall be signed by the person casting the same, or, in the event that the voter is unable to sign his name, he shall make his mark, which shall be witnessed by one other voter. All ballots, when properly endorsed, shall be deposited by the respective voters in a ballot-box which shall have been obtained for the particular purpose from the Committee on Elections of the Execu- tive Council, said ballot-box, when sent to the municipality in which the assembly is 1 to be held, shall be locked and all keys to the same retained by the said Committee on Elections. Immediately after the close of the assembly for voting, the ballot-box shall be returned to the Committee on Elections of the Executive Council, and opened by the said committee, and the votes counted, and the result reported to the respective municipality and the Treasurer of Porto Rico. (26) Only those persons shall be entitled to vote at said joint assembly whose names appear on the records of the Treasurer of Porto Rico as property taxpayers for the current or preceding fis- cal year, and such property taxpayers shall be allowed to vote only upon presentation, to the secretary of the joint assembly, of the notice of the assembly mailed to the said property taxpayers as spe- cified above, which notice, when presented to the secretary of the assembly by the individual to whom addressed, shall serve as suffi- cient credentials to entitle the holder thereof to vote; Provided, how- ever, That in case of the inability of the property taxpayer to appear in person at said joint assembly, he may delegate the authority for voting to another individual, who shall be entitled to vote in the place and instead of said property taxpayer upon presentation to the secre- tary of the joint assembly, of the notice of the assembly mailed to said 12 property taxpayer and properly endorsed by him, indicating his desire to be represented by proxy; And, provided, further, That in case any property taxpayer shall have lost his notice of the assembly, he shall be permitted to east his ballot upon making affidavit thai lie is the person properly entitled to cast said ballot. (27) Should the day on which the joint assembly is convened, prove insufficient, in point of time, to enable all such property tax- payers to cast their votes, the time for voting shall be extended to the day immediately following. Announcemenl of the adjournment until the following day shall be made by the presiding officer prior to the closing hour for voting on the first day, and such announce- ment shall be made either at the volition of the presiding officer or upon presentation to him before the closing hour of the first day of a written petition signed by not less than ten (10) property taxpayers present at said joint assembly who shall not themselves have voted en said first day of the assembly. The announcement of the adjourn- ment until the following day shall also include the announcement of the hour and place of meeting. (28) Prior to the beginning of the voting, the secretary of the assembly shall read to the assembly the copy of the ordinance pre- pared for submission to the Executive Council of Porto Rico requesting said loan. A copy of said ordinance shall have been previously forwarded to 'the Executive Council and the Treasurer of Porto Rico. (29) In case a loan shall be requested for a project or projects, the direct benefits of which shall be almost entirely to the advantage of the urban residents, then a special tax may be levied on the urban property at a higher rate than that to be levied on the rural property. (30) That all municipal bonds and the coupons attached, if any, shall be signed by the mayor and the municipal secretary, and the date of each shall be recorded by the municipal secretary. (31) That all school-board bonds and the coupons attached, if any, shall be signed by the president and the secretary of the school board, and the date of each shall be recorded by the secretary of the school board. (32) That the bonds must draw interest at a rate not to exceed six per centum per annum, the interest to be payable in lawful money of'the United States and semi-annually on the first day of each Janu- ary and July. (33) That if any municipal corporation or school board shall in due form request a loan from the funds of the Insular Government, and if in the judgment of the Executive Council the loan be advisable and the finances of the Insular Government will safely permit of its. 13 being made, the Executive Council may approve the same, and upon Midi approval and the approval of the Governor of Porto Rico, the Treasurer of Porto Rico shall be authorized to make such advance to the municipal corporation or school board. In the case of school boards, such ordinance shall specify that the interest and principal shall It.' payable by the Treasurer of Porto Rico and shall be a first lien upon the revenues of the school board to be deducted therefrom by the Treasurer of Porto Rico. (34) That any municipal corporation or school board requesting a. loan from the Insular Government, to be covered by a bond issue, shall in each case provide in the ordinance requesting such loan, for the refunding of all outstanding unbonded indebtedness to The People of Porto Rico which may exist al the time such ordinance is passed, and the bond issue shall cover the total of such indebtedness plus the amount of the new loan to be contracted, and such bonds shall be countersigned by the Treasurer and Auditor of Porto Rico ; Pro- vided, however, That such countersignatures shall not be required on the coupons of the bonds, if any. (35) That in addition to the authorization given in this act to municipal corporations and school boards to borrow money from the Insular treasury, a municipal corporation or school board may, with the approval of the Executive Council, borrow money directly from banks, other financial institutions or individuals. Any such loan shall be made only upon an ordinance duly passed by the municipal council or school board and approved by the mayor or Commissioner of Education, by the Executive Council and by the Governor of Porto Rico, as provided in section 26 (par. 47) of this act. Such ordinance shall specify that interest and principal shall be payable by the Treasurer of Porto Rico and shall be a first lien upon the revenues of the municipal corporation or school board, to be deducted therefrom by the Treasurer of Porto Rico. (36) That in case the holder of any municipal or school-board bonds shall give notice in writing to the person authorized in the bond to pay interest and principal of the same, that he wishes such bonds so held by him and the interest thereon to be paid in the United States, then such bonds and the interest on the same shall be so paid either in Washington, D. C, or New York City, and all bonds and coupons so paid must be returned to, and canceled by the person authorized in the bond to pay the same. (37) That in order to facilitate the sale or hypothecation of any bonds or other evidences of indebtedness authorized by this act, the good faith of The People of Porto Rico is hereby irrevocably pledged 14 for the paymenl of the interest as it falls due and the repayment of the principal thereof at maturity. (38) That all money loaned or covered by bond issue shall be paid into the municipal or school 7 board treasury and applied only to the purposes specified in the ordinance authorizing the loan : Providt d, That the eost of engraving or preparing the bond certificates shall be borne by the municipal corporation or school hoard receiving the loan for which they are issued. Such certificates may be obtained through the Insular treasury, and the Treasurer of Porto Rico is hereby authorized, with the approval of the Executive Council, to prepare such certificates for use by the municipal corporations and school boards. (39) That the treasurer of a municipal corporation or school board, obtaining an advance or loan of money from the Insular (iov- ( rnment, or from any hank, financial institution or individual, under the conditions set forth in this act, prior to receiving any of the money of the said advance or loan, shall furnish to the municipal corporation or to The People of Porto Rico an additional bond which shall not be less than twenty per centum of the loan made or the money to be received. The bond shall conform to the requirements specified for the bond of a municipal treasurer in section 40 of the Municipal Law as subsequently amended. (40) That all municipal corporations or school boards are author- ized, when mutually agreeable to both contracting parties, to substi- tute new contracts for existing contracts evidencing indebtedness of such municipal corporations or school boards upon such terms and conditions as may he approved by the Executive Council of Porto Rico. (41) That authority is hereby given to the Executive Council of Porto Rico to sell, transfer, assign, pledge or hypothecate, unless other- wise prohibited by law, all evidences of indebtedness representing funds owing to The People of Porto Rico from the municipal cor- porations or school hoards of Porto Rico. (42) That the Treasurer of Porto Rico is hereby authorized to accept, 'at his discretion, at par, any of the bonds or other evidences of indebtedness described in this law. as collateral security in any case where such security is recpiired. (43) That the Treasurer of Porto Rico, subject to the approval of the Executive Council of Porto Rico, may sell, transfer, assign. pledge, or hypothecate, for the benefit of The People of Porto Rico, any bonds or other evidences of indebtedness which may have he- come the property of The People of Porto Rico by forfeiture, and 15 he may, as betwe< n himself, as Treasurer of Porto Rico, and The People of Porto Rico, treat any bonds or other evidence of indebted- ness of any municipal corporation or school board in Porto Rico, as cash, in which event he shall be entitled to a credit amounting to the par value thereof, provided the same were accepted by him at par. (44) That all bonds and other evidence of indebtedness, hereto- fore or hereafter issued according to law, by municipal corporations or school boards, in favor of The People of Porto Rico, are hereby exempt from the payment of all insular and municipal taxation. (45) That any municipal corporation or school board now exist- ing or which may hereafter be created shall be and the same is hereby authorized and empowered to contract and provide in any ordinance as incident to the obtaining of advances or loans from The People of Porto Rico, or to the refunding or reissuing of existing evidences of indebtedness to The People of Porto Rico, or to the issuing of any bonds authorized by law, or to the incurring of any public indebt- edness, that any public work or improvement included within the purposes of said ordinance, or the cost of which in whole or in part is to be made from the proceeds of such advance or loan, or of the sale, transfer, assignment, pledge or hypothecation of any bonds or other evidences of indebtedness, shall be construed in accordance with plans and specifications approved by the Commissioner of the Interior and the municipal corporation. Every contract for the con- struction of such public works or improvement shall be entered into by the mayor in representation of the municipal corporation or by the president of the school board in representation of the school board, with the approval of the municipal council in the former case or in the latter case of the Commissioner of Education, and with the ap- proval of the Commissioner of the Interior, and in compliance with the laws governing the constructing of municipal public works or improvements. (46) That all money borrowed or indebtedness incurred on behalf of any municipal corporation or school board must be used only for the purpose or purposes specified in the ordinance or ordinances au- thorizing the same, and the Executive Council of Porto Rico shall have full power to require such accounting of the expenditure of such money as in its opinion is advisable. The residue from any loan to a municipal corporation or school board which may remain after the projects specified in the ordinance authorizing the same shall have been completed, shall be applied as the Executive Council of Porto Rico may approve. (47) That no municipal corporation or school board shall have the 16 power to borrow money, contrael indebtedness or issue bonds for any of. the purposes herein provided, and no such loan, contract or bond issue shall be valid until the Executive Council of Porto Rico shall have first approved of the purpose or purposes of the loan or indebtedness to be contracted, the form of the bonds if any are to be issued, the terms of payment, the rate of interest and of all other details connected with the same and of the action of the municipal corporation or school board preceding h< reunder. But immediately upon the final approval of the ordinance by both the Executive Coun- cil and the Governor of Porto Rico, such ordinance shall become a contract absolute and binding upon such municipal corporation or school board and upon all successors in office of the municipal cor- poration or school board enacting the same until such indebtedness shall have been entirely discharged, and shall be revocable only with the mutual consent of both the contracting parties and the approval of the Executive Council. (48) That for the purposes of this act, school boards as now organ- ized or as may be hereafter duly organized, in Porto Rico, the territo- ries of which are co-terminous with the municipalities in which they are organized, are by this act ratified, confirmed, and declared to be valid bodies corporate. METHOD OF REFUNDING. 3 (49) That for the purpose of providing a method of refunding to the Insular Treasury the amounts loaned from time to time by The People of Porto Rico to the Municipal Corporations and School Boards of Porto Rico and secured by the bonds of the said municipal cor- porations and school boards, issued in accordance with an act entitled 1 " An act to provide for the contracting of indebtedness, the borrow- ing of money and the issuing of bonds by Municipal Corporations and School Boards of Porto Rico; and for other purposes, " approved February 19, 1913, the Treasurer of Porto Rico is hereby authorized and empowered to issue bonds of The People of Porto Rico in accord- ance with the conditions herein specified. (50) That said bonds shall be issued at such times and in such amounts as the Executive Council of Porto Rico shall determine; Provided, however, That at no time shall the aggregate amount of such bonds outstanding and unpaid exceed the aggregate amount of unpaid municipal-corporation and school-board bonds held and owned by The People of Porto Rico. Except that for the purpose 1 A.CI of July 26, 1913. 17 of this section, bonds to be isued by any municipal corporation or school board to The People of Porto Rico and to be held by The Peo- ple of Porto Rico, the ordinance or ordinances, providing for which shall have been duly passed by the municipal council or school board, approved by the Mayor, in case of municipal bonds, by the Commis- sioner of Education, in case of school-board bonds, and by the Execu- tive i 'oiincil and Governor of Porto Rico, may be considered as held and owned by The People of Porto Rico from the date of such final approval of the ordinance by the Governor of Porto Rico even though the bonds shall not have been actually issu< d and delivered by the municipal corporation or school board to The People of Porto Rico. (51) That said bonds shall be in registered or coupon form or both and in any or all of the following denominations: One thousand (1,000) dollars; five thousand (5,000) dollars; ten thousand (10,000) dollars; and any coupon bonds issued shall be made exchangeable tor registered bonds. (52) Said bonds shall bear interest at a rate not to exceed four and one-half (4 J -) per cent per annum, which interest shall be pay- able semi-annually on the first day of each January and July. They shall be divided into series for payment, the series shall be indicated by a serial letter on each bond and the separate series shall be redeem- able and payable on such dates and in such amounts as shall be deter- mined by the Executive Council within such limits as snail be neces- sary in order to insure full compliance with section 2 (par. 50) hereof. Both principal and interest shall be payable either at the Treasury of the United States or in Porto Rico at the office of the Treasurer of Porto Rico, or at the office of the fiscal agent of the Government of Porto Rico appointed therefor in the United States, as the Execu- tive Council may determine, in gold coin of the United States of the present standard of weight and fineness. (53) That said bonds shall be sold by the Secretary of War of the United States or by the Treasurer of Porto Rico or by any fiscal agent duly appointed for that purpose by the Treasurer of Porto Rico, with the approval of the Executive Council of Porto Rico, upon such terms as are most favorable to The People of Porto Rico, and as near to the dates of their issuance as is practicable. The proceeds from their sale shall be deposited with an authorized depository of the Govern- ment of Porto Rico to be designated by the Treasurer of Porto Rico and shall become a part of the general funds of the Insular Treasury. (54) That, to the payment of the interest and principal of said bonds shall be devoted the proceeds, or so much thereof as may be necessary, to be derived from the payments of interest and principal 18 of the municipal e< ; oration and scho< I board bonds held and own§d by The People of Porto Rico, and in addition any necessary portion of the general funds of The People of Porto Etico not otherwise appro- priated. (55) That the foregoing provisions in regard to the payment of interest on said bonds, and the repayment of the principal, shall be deemed to he in the nature of a continuous appropriation, and In- sufficient authorization to the Treasure]- of Porto Rico to make such payments, and no further appropriation for such purpose shall be required. Such payments, however, shall be made upon the war- rants of the Auditor of Porto Rieo, countersigned by the Governor of Porto Rico, in accordance with the general provisions of the law relative to the transfer and disbursement of public moneys. (56) That said bonds are hereby declared to be exempt from the payment of taxes of any kirn! whatsoever, of the Govt rnment of Porto Rico, or any local sub-division or authority thereof. (57) That for the payment of the interest on said bonds, as it falls due, and the repayment of the principal, the good faith of The Peo- ple of Porto Rieo is hereby irrevocably pledged. (58) That the Treasurer of Porto Rieo shall acc< p1 any of the bonds of The People of Porto Rico at par, as collateral security in any case where such security is required. (59) That the Treasurer of Porto Rieo, subject to the approval of the Executive Council of Porto Rico, may sell, transfer, assign, pledgi . or hypothecate, for the benefit of The People of Porto Rico any bonds or other evidences of indebtedness which may have become the property of The People of Porto Rieo by forfeiture or otherwise, and he may, as between himself, as Treasurer of Porto Rico, and The People of Porto Rico, treat any such bonds or other evidences of in- debtedness as cash, in which event he shall be entitled to a credit in bis accounts amounting to the par value thereof, provided the same were accepted by him at par. (60) That the bonds issued under the authority of this act, and the obligations created thereby, shall not be impaired by any act or r< solution which the Legislative Assembly of Porto Rico may sub- sequently enact, or by any interpretation thereof, or by any inter- pretation of any act or i resolution heretofore approved; but said bonds, when duly issued and sold, shall constitute a legal and bind- ing obligation on the Government of Porto Rico until properly re- deemed and paid. (61) That to defray all expenses that may be incurred in carrying out the purposes of this act, there is hereby appropriated in the form 19 of a continuous appropriation the sum of ten thousand (10,000) dollars, or so much thereof as may be necessary for each issue of said bonds, to be expended under the authority and with the approval of the Governor of Porto Rico. (62) That the Executive Council of Porto Rico shall have entire charge and authority within the limitations prescribed, in respect to all matters relating to said bonds, and shall take all action neces- sary for the complete carrying out of the provisions of this act, and may provide for the issue of interim bonds or interim certificates therefor pending the preparation of definitive bonds. SCHOOL-BUILDING FUND. 1 2 3 (63) That the sum of eighty thousand (80,000) dollars is hereby set aside from any money in the Treasury not otherwise appropriated as a special trust fund to be called the "school-building fund" to be expended in accordance with the terms of this act without limitation of fiscal year for the construction of school buildings. (64) The school-building fund shall be subject to increase and i eplenishment by subsequent appropriations from the Insular Treas- ury, by repayments from the local boards and by the payment of interest upon advances as hereinafter provided. (65) All buildings erected under the provisions of this act shall be from plans approved by the Commissioner of Education and the Commissioner of the Interior. All contracts for the construction of buildings shall be made for the Department of Education by the Commissioner of the Interior and under his responsibility, and all payments on account of such contracts shall be approved by the Com- missioner of the Interior. The entire cost of erecting all school build- ings under the provisions of this act shall be paid in the first instance by the Insular Treasury from the school-building fund; Provided, howt ver, That one-half of the cost of constructing such building shall be reimbursed to the school-building fund in the manner hereinafter set forth. (66) Any school hoard desiring to avail itself of the benefits of this act shall make application therefor to the Executive Council by proper ordinance which ordinance shall specify the number of school- houses and the number of rooms in each which it is proposed to con- struct, the material to be used in such construction and the maximum of March 14, 1907. - Fund increased by forty thousand (40,000) dollars, March 9, 1908. ' Fund increased by forty thousand (40,000) dollars, March 9, 1911. 20 cost thereof. Such ordinance shall pledge the school board to acquire a suitable site approved by the Commissioner of Education, with title of dominion. The said ordinance shall pledge the school board to the repayment of one-half the cost of constructing the buildings, and shall authorize the Treasurer of Porto Rico to deduct the sum so pledged in equal annual installments from any moneys collected by the Insular Government and due the school board, such deduction to begin in the fiscal year following the passage of the ordinance. The number of years during which such repayment is to be made shall not exceed ten. The ordinance shall also provide for the payment of interest at the rate of three per centum per annum on all sums advanced upon the construction of the building and which by the terms of the ordinance are to be repaid to the Insular Treasury, and for the retention of such interest by the Treasury of Porto Rico. Said interest shall be computed on the entire sum to be repaid to the Insu- lar Treasury from the date of the draft representing the first pay- ment on account of the work undertaken and all interest paid by the school board shall accrue to the school-building fund; Provided, That on making such reimbursements by the school boards, the Treasurer of Porto Rico shall compute only the interest on the sums pending payment. Upon receipt of the ordinance, the Executive Council shall examine whether the same is in accordance with the terms of the law, and if found defective or unsatisfactory in form shall return the same to the school board for revision and correction. (67) The Executive Council shall consider the applications as they are received, and shall allot the funds available for the purpose among the applicants as far as possible to do so. In case any school board whose application has been approved shall fail to provide, within five months, a suitable site for the erection of the building, the Com- missioner of Education shall report the fact to the Executive Coun- cil and the allotment to said school board shall be declared null and void, provided that the cancellation of any allotment for failure to provide a site shall not operate as a bar to any subsequent applica- tion of the same school board by appropriate ordinance duly enacted. All applications which may not be acted upon for lack of funds shall he considered in force until the close of each fiscal year when all such applications shall lapse. In such cases renewal of the application may be made by a new ordinance. RURAL SCHOOL BUILDING FUND. 1 (68) That the sum of forty thousand (40,000) dollars he appro- 1 Act of March 10, 1908. 21 p iated from any money in the Treasury not otherwise appropriated, to be expended under the direction of the Commissioner as herein- provided. (69) The Commissioner of Education is hereby authorized to pur- chase or construct in the rural regions of the Island, inexpensive school houses: Provided, That the cost to the Department of Educa- tion of any one building shall not exceed two hundred aud fifty (250) dollars, and further provided that any school board may increase the maximum amount mentioned, by such further sum as may be within their power. (70) The Commissioner of Education is authorized to purchase or erect the buildings authorized in this act upon land ceded or donated, provided such land shall be free of all incumbrances and shall appear to be recorded in the registry of property, in the name of the grantor. The conveyance shall he in writing in a public instrument which shall be recorded at the registry of property, such instrument to be ex- empted from the payment of all internal-revenue stamps and the recording thereof in the registry to be made free of charge. In the ution of such instrument the Commissioner of Education shall appear in behalf of The People of Porto Rico, or he may delegate for that purpose the president of the school board of the respective muni- cipality. (71) Section 9. — Whenever the purpose of a meeting of the school board or of a municipal election is to authorize taxation or indebt- edness for school purposes, such meeting or election shall not be legal for such purposes unless its object be advertised, together with the time and place of such meeting or election for at least thirty (30) days previous. (72) Section 10. — Whenever the school board provides but one school building in any urban center of a municipality even though said building contain more than one class, each and every class thus maintained shall be open to both sexes, and likewise all rural schools. When, however, in any urban center there is more than one school building provided and said buildings are no more than one kilometer distant from each other, one building may be devoted to classes for boys and the other to classes for girls, if the school board so desires. All sehoolhouses and class rooms shall be entirely separate and upon different premises from the residence of the teacher or any other family, or from any place of business. (73) Section 11. — Whenever it shall become necessary for a school board to acquire a site for a school building or for an addition to a schoolhouse site and the same cannot be acquired by agreement of sale 22 with the owners thereof, the board is hereby given the right of emi- nent -domain to proceed to condemn said property for school uses. The method employed in said condemnation proceedings shall be in accordance with the law of eminenl domain then [n force. (74) Section 12.— A school board in a municipality in its corporate capacity and organized in accordance with this acl may sue and be sued in the name of the board. (75) Section 13. — The school board shall see thai all public schools supported by public taxation either local or Insular, are known as public schools and that admission to them shall be free of all charge. It is furthermore the duty of the school board to see thai oo teacher accepts fees for instruction given in the public schools during school hour:-. (76) Section 14. — Whenever proper school quarters are not pro- vided by the school board within ten (10) days from the receipt of notice from the Commissioner of Education that such quarters shall be provided, the Commissioner through the supervising principal of the district, may contract for the use of a suitable building or rooms for the public school in question, and such contract shall be recognized as valid against the school board in whose jurisdiction the school is located, and suit for the amount of said rent may be brought against tlie school board by the owner of the property thus rented in any court of competent jurisdiction and if judgment be in favor of the claim- ant, such judgment shall lie recognized as a legal claim against said school board. (77) Section 15.— [Repealed March 13. 1913.] (78) Section 16. — The school directors shall have the light to visit their schools as frequently as possible, and to report to the supervis- ing principal on the work of any teacher. They shall supply the nec- essary school equipment in accordance with the recommendations of the supervising principal, co-operating with the latter to remedy all defects noted. If the school board does not remedy the defects in school equipment, the supervising principal may tiring the matter officially to the attention of the Commissioner of Education and the board shall co-operate with the Department of Education in promptly removing' any unsatisfactory conditions in the schools. (79) Section 17. — The school boards shall supply desks, school fur- niture, bookcases, chairs and desks for teachers, clocks, proper recep- tacles for drinking water, supplies for janitors, and all other necessary equipment for the schoolroom, excepl textbooks and such stationery supplies as the IV; artment of Education may furnish, for the schools of their respective districts and they shall provide suitable storerooms 23 iu such towns as the district supervising principal may indicate for the safe custody of schoolbooks and supplies, and shall pay the cost of transportation of said books and supplies to and from said store- rooms to their schools whenever it may be necessary or whenever directed to do so by the Commissioner. (80) Section 18. 1 — The location or assignment to a particular school of a teacher within the jurisdiction of a school board shall be determined by said board and the supervising principal of the district. In cases where the school board and the supervising principal fail to agree, the matter shall be referred to the Commissioner of Education, whose decision, after due and proper investigation of the facts in the case, shall be final. SCHOOL FUNDS AND THEIR ADMINISTRATION. (81) Section 19.— [Repealed March 10, 1904.] (82) Section 20. — The accounts of the school board and of the treasurer of the school board shall be audited and in every way treated as the accounts of all other municipal officers. (83) Section 21. 2 — School boards shall pay all their obligations promptly and under no circumstances shall incur debts or obligations in excess of their receipts or not provided for in their budget. They shall, before the first day of August of each year, make a statistical report of their transactions, financial and otherwise, and submit the same to the Commissioner of Education. Said report shall contain an exact statement of the receipts and expenses of the school board. The accounts of the school board and of the treasurer of the school board shall be audited and otherwise treated as all accounts of the munici- pal offices. These accounts shall be kept in the account books pre- pared and furnished by the Commissioner of Education, and no money shall be expended until after the appropriate record of the transac- tion has been made in these books. These account books shall be sent to the Commissioner of Education for his examination and approval on or before the twentieth day of July, October, January and April of each year, and shall be returned by the Commissioner of Education, through the supervising principal of the district, within ten days after their receipt. (84) Section 22. — The treasurer of each school board shall keep such books open at all times to the inspection of any member of the board, of the auditing officers of the Insular Treasury or the Commis- 1 As amended March 13, 1913. 2 As ami nded March 10, 190 1. 24 sioner of Education or his delegates or of any resident of the municipality, in which he shall enter all receipts on accounts, the sources from which they wen- received and the objects to which they were made applicable. All disbursements so recorded shall show for what purpose the money was paid, and he shall keep [all books, receipts and vouchers] on file ifhtil authorized by the Commissioner of Education or the Auditor of Porto Rico to destroy them. He shall likewise keep on file receipts and vouchers for all moneys paid out showing to whom the money was paid and all orders upon which money has been paid out. The treasurer shall present and file with the secretary of the school board time (3) days before his successor may qualify, a report in writing- signed by him and containing a statement of all moneys received by him within the year preceding and of all his disbursements, exhibiting vouchers therefor; also the amount received by him of taxes assessed upon the taxable property of the district within the year, purpose for which they were assessed, the amounts assessed for each purpose, which report shall be recorded by the secretary, and if it appears that there is any balance in the hands of the treasurer, he shall pay such balance into the hands of his successor as soon as he executes the bond required as a condition of holding the office of treasurer, and his sureties justify on such bond. The president and secretary shall examine said report, and if correct they shall endorse the same and file a duplicate copy with the Department of Education. The treasurer of the school board of each district shall refuse absolutely to pay any warrant where the date of the meeting at which the disbursement was ordered is not specifically stated. In such cases it shall be the duty of such treas- urer to notify the Commissioner of Education. (85) Section 23. x — The treasurer of each school board shall give a bond in favor of The People of Porto Rico, equal to ten (10) per cent of the total receipts of the school board for the preceding fiscal year; Provided, That in no instance shall such bond be for a sum less than five hundred (500) dollars: And, Provided, further. That when the school board of any municipality shall incur indebtedness, through the Insular Treasury of Porto Rico, a supplementary bond shall be given by the treasurer of that school board to an amount equivalent to twenty (20) per cent of the loan. These bonds shall be approved by the president and secretary, and shall be subject to annual inspec- tion in reference to their amounts. Such bond shall be filed with the secretary of the board, and a dupli< ate copy with the signed approval of the president and secretary shall be filed with the Department 'As amended March 8, 1906, and March 10, 1910. 25 of Education. In ease of breach of any condition of said bond the president shall cause an action to be commenced thereon, and shall prosecute in the name of the board, and the money when collected shall be applied to the use of the board for school purposes. If the treasurer fails to give bond, as provided herein, or for any cause is unable to attend to his duty, the boa"rd shall proceed to appoint an- other treasurer, who shall give bond as required herein. (86) Section 24. — The Treasurer of Porto Rico may at -any time prescribe for the treasurers of the school boards a method of keep- ing their accounts and auditing the same which shall then become, upon thirty (30) days' notice having been given of such rules and regulations as the Treasurer may prescribe, obligatory [upon] such treasurers; Provided, That all the rules and regulations prescribed by the Treasurer of Porto Rico shall relate solely to the method of keeping the accounts of the school board and shall be transmitted to the school board through the Commissioner of Education and with his approval. DUTIES OF SECRETARIES OF SCHOOL BOARDS. (87) Section 25. — The secretary shall record the proceedings of the school board in a book provided for that purpose; he shall enter therein copies of his report made to the supervising principal or to the Department of Education, and keep and preserve carefully all records, books and papers belonging to his office, and deliver the same to his successor in office; he shall act as secretary of the district in all its meetings, or. if absent, record the minutes of the secretary pro Inn pore: his minutes shall show all disbursements authorized by the school board and he shall keep an account of all expenses of the schools and schoolhouses and record the cost of , outbuildings, fences and all the conveniences of the schoolroom, such as charts, maps, blackboards and school libraries provided by the board. He shall issue vouchers for all amounts owned by the board as shown by the disbursements authorized in the minutes, when they become due, which vouchers when countersigned by the president shall become orders upon the treasurer of the board for their face value. Each voucher shall be dated and numbered, and shall state the service or consideration for which it was drawn and the names of the parties rendering such serv- ice or consideration and sball be recorded by the secretary in a book kept by him for that purpose. 26 RESIGNATION'S, REMOVAL OF SCI OOL DIRECTORS AND VACANCIES IN' SCHOOL BOARDS. (88) Section 26.— Section 207 of the Political Code is hereby amended in so far as it applies to school directors who desire to r< sign from office, and said school directors are hi reby required to send their resignation in writing to the Commissioner of Education, who must act upon the same within ten days after its receipt. (89) Section 27. — When a school director is accused of any felony or crime under the laws of Porto Rico he shall be suspended from the position he holds by the Commissioner of Education, and if he is convicted of any crime or felony he shall be permanently dismissed from his position and the Commissioner shall appoint a substitute. (90) Section 28.— The Commissioner of Education shall also sus- pend or dismiss from his position a school director for offenses com- mitted in the performance of his duty as such director after having preferred charges of the offenses in writing, copies of which charges shall be sent to the person against whom said charges are brought, to the members of the school board of the district, to the mayor of the municipality and to the supervising principal of schools of the district; Provided, That a reasonable length of time shall be given in which the interested person may present to the Commissioner of Education a written answer to the charges; And provided, further, That at the expiration of said time the action of the Commissioner shall be stated in writing, and same shall be sent to the same parties who were entitled to receive copies of the charges preferred. A cer- tied copy of the action taken by the Commissioner of Education, to- gether with a copy of the charges preferred and any answer which may have been filed shall be placed together on file in the records of the Department of Education. (91) Section 20. — Vacancies in the school board whether caused by death, resignation, removal from the district, failure to attend stated oi- railed meetings for two consecutive months or removal by the Commissioner of Education, shall be filled by appointment for the unexpired term, to be made by the Commissioner of Education within one month of the date when said vacancy occurred: Provided, That no one shall be thus appointed who is not a qualified voter of the school district and who is not certified as a member of the same political party as the immediate previous incumbent of the position which it is desired to fill. A written statement of the president of the party or any two members of the executive committee of the party shall be considered sufficient evidence thai the appointee is a member 27 of the party as stated; Provided, further, In eases where no member of the party of the previous incumbent who possesses the qualifications required by law for the office of school director, can be found who is willing to serve in said position, then the said Commissioner of Edu- cation may appoint any one qualified to fill the position without ref- erence to his political status.. (92) Section 30. ] — School boards shall annually, as soon as noti- fied by the Commissioner of Education of the date of the beginning of the school year, report to him the number of schools they desire to open in their respective municipalities for the next ensuing school year. Said school boards shall specify the number of rural, graded, principal, and English teachers required, and also the number of spe- cial teachers, or teachers of special schools, such as agricultural, kin- d( rgarU n, and night schools, which they desire to open. And the Commissioner of Education shall at once proceed to consider such report, informing the respective school boards not later than three months prior to the beginning of said school year of the exact number of schools and teachers of different grades that may have been assigned to their respective municipalities; Provided, That the school course shall necesarily commence in the month of September or October, and shall last not less than nine and not more than ten months ; Pro- vided, further, That nothing herein shall prevent any school board from requesting at any time an additional allotment of teachers, sala- ries to be paid either from the fund designated in the annual appro- priation as "salaries, common schools," or in the case of rural teachers from any surplus funds at the disposal of the school board; Provided, however, That no school board shall pay the salaries of any teachers included in the additional allotment herein provided for any surplus funds at the disposal of the school board until said school board has adequately housed its graded school system in buildings which are the property of said school board ; Provided, however, That this pro- viso shall not apply to rural teachers. (93) Section 31. — -The school year shall in no case exceed ten months and shall be as much less as the Commissioner of Education shall direct; Provided, That the school year shall in no case be less than eight months; And provided, further, That the school board in the school district may extend the school year beyond the limit fixed by the Commissioner of Education, but not to exceed the maximum limit herein provided for. In all cases where such extension of the school year is made, it shall be wholly at the expense of the district authorizing it. 1 As amended March 10, 1904, and February 25, 1911. 28 (94) Section 32. — The length of the school day. its division into sections, the length of vacations, school holidays and their observance shall be fixed and determined by the Commissioner of Education, subject only to the provisions of law regard iny general holidays, but in all these matters, the school boards arc authorized to make recom- mendations to the said Commissioner and so far as possible the regu- lations for these topics shall be uniform throughoul every school district. (95) Section 33. — The school month shall consist of twenty days of actual teaching — legal holidays excepted — but no school shall be open on a Saturday or a Sunday. Legal holidays within the mean- ing of this section are those described in section 387 of the Political Code, as follows: Every Sunday. New Year's Day, Washington's Birthday, March Twenty-second, Good Friday, May Thirtieth, known as Memorial Day. the Fourth of July, the Twenty-fifth day of July, the First .Monday in September, to be known as Labor Day. Thanksgiving Day, Christmas Day, every day on which a general election is held throughout the Island and every day appointed by the President of the United States, or by the Governor of Porto Rico, or by the Legislative Assembly for a public fast or thanksgiving or holiday. When any such day falls upon a Sunday, the Monday fol- lowing is to be a holiday. Unless otherwise directed by the Commis- sioner of Education, the school. board and the supervising principal of the district may make provision for the proper celebration of tie - holidays, when the same fall on school days, by special exercises in the schools of the afternoon session or during the last hour of the school session of the school day next preceding said legal holiday; Provided, That no special school celebration of Christmas and New Year's Day shall be deemed necessary in districts where the school board makes arrangements for the celebration of a school festival on a day falling between the twentieth day of December and the sixth d iy of January inclusive, to be known as a school festival of Christ- mas and Three King's Day. Note. — By Joint Resolution of August 18. 191?.. October 12 of each year is declared a holiday. SCHOOL DISTRICTS. (96) Section 34. — The school district shall be coterminous with the municipality and the school boards shall have jurisdiction over all schools within their respective districts. 29 QUALIFICATIONS OF TEACHERS. (97) Section 35. — Teachi rs of schools in Porto Rico shall be desig- nated as rural, graded, teachers of English, principal teachers and special teachers, the latter class comprising kindergarten teachers, music and drawing teachers, teachers of sloyd, teachers of trades and special subjects in industrial schools, teachers in the normal and high schools and special schools, teachers of stenography and type- writing and all other teachers not otherwise classified who may at any time be employed in school work under the direction of the Com- missioner of Education. They shall all be persons of good moral char- acter and possessed of the necessary requirements for their several positions as may be prescribed by law and certified to by a certificate or license to teach issued by the Department of Education over its own seal and the signature of the Commissioner. (98) Section 38. J — Candidates for license to teach in the rural schools of Porto Rico after July 1, 1904, shall pass an examination in(l) English language, (2) Spanish language, (3) arithmetic, (4) geography, (5) history of the United States and history of Porto Rico, (6) methods of teaching, (7) nature study, (8) elementary physi- ology and hygiene. (99) Section 37. 1 — Candidates who apply for licenses to teach in the graded schools of Porto Rico after July 1, 1904, shall pass an examination in (1) English language, (2) Spanish language, (3) arith- metic, (4) geography, (5) history of the United States and history of Porto Rico, (6) pedagogy, (7) nature study, (8) elementary phy- siology and hygiene, (9) civil government of the United States and of Porto Rico. (100) Section 38. : — Candidates to teach as principal teachers after July 1, 1904, shall pass an examination in all of the subjects for license to teach in the graded schools, and in addition thereto in (10) elemen- tary physics, (11) Spanish literature, (12) English literature, (13) algebra, (14) geometry, and such additional studies as the Commis- sioner of Education may require; Provided, however, That no addi- tional studies shall be required without giving at least six months' notice of such additional studies. And provided, further, That the maximum requirement for examination in each of the studies pre- scribed for rural, graded, and principal teachers shall correspond to 1 As amended March 10, 1904. 30 t lie* courses given in said subjects in the normal departmenl of the University of Porto Rico. (101) Licenses to teach as rural, graded, principal, or special teach- ers shall lie granted only to persons of sound physical health and may In- granted without examination to persons possessing the legal and experience requirements on the basis of certificates of gradua- tion from the uormal department of the University of Porto Rico or from any other accredited uormal school, college or university in the United Stales, or upon a first-class teacher's license from any State or county in the United States; Provided, Thai in all such cases the candidate possesses an elementary knowledge of tl e Spanish language, which shall be tested by examination. (102) Section 39. — No person shall be granted a license to teach in a rural school who has not attained the age of seventeen 17 years. No person shall be granted a license to teach in the graded schools who has qo1 attained the age of nineteen (19) years, and who has not had at least one year's experience as a teacher. No person shall be granted a license to teach as a principal teacher who has not at- tained the age of twenty-one (21) years and who has not had at least two years' experience as a teacher; Provided, how< ver, That any per- son who has finished satisfactorily a two-years'- course in the Insular Normal School of Porto Rico (exclusive of the preparatory year) may he granted a license to teach if he possesses the other qualifica- tions without having any other experience as a teacher: And pro- vided, also. That any person who has completed the full three-years' course in the Insular Normal School of Porto Rico and has received a diploma from said normal school, shall be entitled to receive a license to teach as a principal teacher without further examination or fur- ther requirements upon reaching the age of twenty-one (21) years and having had one year's experience as a teacher in the schools of Porto Rico. (103) Section 40. — Teachers of English shall he graduates of a first-class high school, normal school, college or university, or teachers of extended experience holding high-grade certificates from some State of the United States, or they shall pass an examination in the English language, including writing, spelling, reading, and grammar, arith- metic, geography, history of the United States, physiology, and meth- ods of teaching. In every village and city maintaining a graded sys- tem of schools there shall lie at least one teacher' of English, and as many more as the Commissioner of Education may appoint. All teachers of English shall be selected and appointed by the Commis- sioner of Education, and shall perform the duties he may assign to 31 them. But in all other respects they shall be subject to the same con- ditions and regulations governing graded teachers. (104) Section 41. a — No license to teach in the rural or graded schools of Porto Rico shall be issued to any person over sixty-five (65) years of age. (105) - All certificates shall be issued in the first instance for one year. They may be n aewed at the close of each year by the Com- missioner of Education. 3 Before the end of each school year, and upon satisfactory evidence of competence, the certificates held by teachers shall be renewed for longer periods of respectively two, three and five years ; Provided, That no renewals can be made for a longer period unless the teacher has already had renewals for each of the pre- ceding shorter periods. (106) ' That any rural, graded or principal teacher who shall have practiced satisfactorily his profession as such for five consecutive years, shall receive from the Department of Education a life certifi- cate of the corresponding grade; Provided, That no period of teach- ing prior to July 1, 1009. shall be reckoned in computing the length of service. (107) 4 That the Commissioner of Education shall not cancel the life certificate of any teacher except for cruelty, immorality, incom- petency, insubordination or negligence in the performance of duty. (108)"' Whenever the Board of Trustees of the University of Porto Rico shall have been established an elementary course of study of two years in the normal department of said university, comprising instruction in at least all subjects required by law for both rural and graded teachers' licenses; and whenever said board shall have made arrangements for granting an elementary certificate to students com- pleting all the subjects prescribed for said elementary course, the Commissioner of Education is authorized to countersign such ele- mentary certificate, and it shall then entitle the holder thereof to teach in all public schools of Porto Rico below the grade of principal of a graded school, for a period of two years, unless sooner revoked for cause ; Provided, That the holder of such certificate shall meet the requirements of law as regards the minimum age and experience qualifications for teachers; and whenever the Board of Trustees of the University of Porto Rico shall have established four years' study in the normal department of said university, comprising instruction 1 1 As amended March 10, 1904. 2 Act of March 9, 1905, as amended March 10, 1910. 3 See "Rules and Regulations." *Act of March 13, 1914. B Act of March 10, 1904, as amended May 28, 1904. 32 in a1 least all the subjects required by law for a principal's License; and whenever said board shall have made arrangements for granting diplomas to students who successfully complete such lour years' courses, in accordance with such conditions as said hoard may pre- senile for granting such diplomas, the holders thereof shall be enti- tled to receive from the Commissioner of Education certificates of grade to which they may be entitled by reason of their minimum age and experience qualifications; Provided, That such certificates shall be valid only for three years from the dale when they were first issued; And provided, That the grade of such certificates may he advanced in accordance with the age and experience qualifications of the !• »lder; and the Commissioner of Education is hereby author- ize' to countersign diplomas granted upon completion of a four-year cours< of the normal department of the University of Porto Rico (or to issue certificates to the holders of diplomas granted upon the com- pletion of a four-year course of the normal department of the Uni- vi rsity of Porto Rico) and such diploma when so countersigned (or such certificate when so issued) shall quality the holder thereof to teach in any public school of Porto Pico without further examina- tion until the same is annulled for cause: Provided, That no diploma shall be countersigned, or no such certificate shall be issued unless the holder thereof (or of such diploma) shall present evidence satis- factory to the Commissioner of Education of good moral character and two years' successful experience in teaching a public school after the date that said diploma was conferred by the Board of Trustees of the University of Porto Rico. PREPARATORY TEACHERS. 1 (109) The Commissioner of Education may issue to not more than one hundred unmarried young men and women who are desirous of becoming regular teachers in the public schools of Porto Rico, special licenses, valid for the school year, as preparatory teachers, which licensi s shall entitle the holders to teach in the rural schools herein- after described. (110) (Candidates for a special preparatory license shall be not less than sixteen nor more than twenty-two years of age and shall pass an elementary examination in the English language, the Span- ish language, arithmetic, geography, history of the United States and of Porto Rico. No license shall be issued to any person who fails to pass a satisfactory examination in any of these subjects and if more 1 Act of March 8, 1906. than one hundred candidates pass in all subjects licenses may be issued only to the one hundred whose average standing is highest, or who are otherwise best qualified for work as teachers. (111) Special preparatory teachers may be appointed by the Com- missioner of Education to teach in rural schools so located that they may be under the immediate supervision of a supervising principal or a principal of schools; Provided, That the number of rural schools now established shall not be reduced, and that no school opened as a rural school in the year 1905-6 shall be assigned to a preparatory teacher: And provided, further, That the enrollment in schools as- signed to preparatory teachers shall not exceed thirty pupils. (112) The Commissioner of Education shall prescribe a course of study for preparatory teachers, including all the subjects required for a rural license and shall appoint as instructor of preparatory teachers in each school district or municipality some qualified per- son, either a supervising principal of schools, or a principal or graded teacher, who shall meet all the preparatory teachers assgned to his care at least once every week for the purpose of instructing them in the course of study prescribed by the Department. Any principal or graded teacher who may be appointed as instructor under the provisions of this section may receive for his services a payment of ten dollars per school month in addition to his salary as a teacher. (113) No person shall be employed as a preparatory teacher for more than three years beginning from the date of the passage of this act, and no preparatory licenses shall be renewed or extended beyond the school year for which they are issued, and all applicants for a second or third examination for such a license must present evi- dence of having performed in a satisfactory manner the work out- lined in the department course of study. (114) Service as a preparatory teacher shall not be considered as a qualification for examination for a license as graded or principal teacher. (115) Preparatory teachers shall be paid a salary of not more than sixteen dollars per school month from the appropriation, "sal- aries, common schools," but shall receive no house rent from school boards. PERMANENT DIPLOMAS. 1 (116) The Commissioner of Education shall hold in the month of July, 1906, and annually thereafter, examinations for permanent diplomas for principals, graded and rural teachers. These exami- 1 Act of March 9, 1905. 34 nations shall include for each grade the subjects prescribed for cer- fcicates in the respective grades and such other subjects included in the course of study of the Insular Normal School as the Commissioner of Education may direct. (117) No person shall be admitted to the examination for a per- manent diploma as principal unless he holds a principal's certificate and has had in all five years of experience as a teacher in the schools of Porto Rieo. No person shall be admitted to the examination for a permanent graded diploma unless he possesses a certificate as prin- cipal or graded teacher and has had in all five years' experience in the schools of Porto Rieo. No person shall be admitted to the exami- nation for a permanent rural diploma unless he possesses a certificate as principal, graded or rural teacher and has had in all five years' experience in the schools of Porto Rieo. (118) Any person who has heretofore possessed a permanent di- ploma of Spanish or American origin, giving him the right to teach in the schools of Porto Rico, shall be permitted upon application to take the examination above referred to in the month of September, 1905. (119) The diplomas granted to those who have successfully passed the examinations above referred to shall entitle the holders to a cer- tificate for life, and such diplomas and certificates may be canceled only in case of negligence in the performance of duty or demonstrated incompetency on the part of a teacher. SUSPENSION AND REMOVAL OF TEACHERS. (120) Section 42. — Teachers shall be suspended from their posi- tions by the Commissioner of Education or by the school board for cruelty, immorality, incompetency, insubornation or negligence in the performance of their duties, and said Commissioner may reinstate them or dismiss them and cancel their licenses after an investigation which shall be held and in which the school board may file a state- ment, and said teachers shall be heard in their own defense either verbally or in writing; Provided, That no suspension by a school board shall be valid for more than five days: and the teacher thus suspended shall not be again suspended for the same cause by said board during the school year in which the first suspension took place. (121) r No complaint against a teacher unless it is made by a local board or by an officer of the Department of Education, shall be enter- tained by the department unless the said complaint shall be duly sworn to by the party filing the same In all cases of complaint *Act of March 9, 1905. 35 againsl teachers, which if proven would lead to the cancellation of certificates or diplomas, the Commissioner of Education shall request a statemenl of the facts from the local school hoard, the principal of the school and from the supervising principal, and may obtain sworn statements from other persons who may be capable of giving testimony. All evidence relating to such investigation should be in writing and when charges are preferred, the teacher shall be al- lowed a period of not less than eight days wherein to make a written reply to such charges. (122) ' When a teacher is charged with an offense before the civil or criminal courts, final action shall not be taken by the Commissioner of Education until the decision of the courts has been rendered; Pro- vided, however. That the Commissioner of Education may in his dis- cretion, when the circumstances of the case warrant, suspend the teacher from the exercise of his functions pending the decision of the court. SALARIES OF TEACHERS. (123) Section 43. - — The salaries of all teachers shall be those fixed by law. Said salaries shall be exempt from execution and attachment. Up to a maximum of fifteen days during any school year, teachers' salaries shall continue during their absence from school work, pro- vided that after investigation it is proven that the absence was nec- essary and justifiable. (124) Section 44. 3 — For the purpose of compensation and pay- ment, teachers shall be assigned by the Commissioner of Education to one of three salaried classes. All rural teachers shall be divided into three classes beginning on and after July 1, 1913. Those of the firsl class shall receive fifty dollars ($50) per school month for each month of actual service. Those of the second class shall receive forty- five dollars ($45) per school month for each month of actual service. Those of the third class shall receive forty dollars ($40) per school month for each month of actual service. __(125) Section 45. 5 — Graded teachers shall be divided into three classes on and after July 1, 1013, as follows: Those of the first class shall receive seventy dollars ($70) per school month for each month of actual service. Those of the second class shall receive sixty-five dollars ($65) per school month for each month of actual service. 1 Act of March 9, 1905. - As amended March 10, 1910. 3 As amended March 13, 1913. 36 Those of the third class shall receive sixty dollars ($00) per school month for each month of actual service. (126) Section -1»>.' -Principal teachers shall he divided into three classes on and after duly 1. 1913. Those of the lirst class shall receive ninety dollars I 1 ?!" 1 per school month for each month of adnal serv- ice. Those of the second class shall receive eighty-five dollars - v -~' per school month for each month of actual service. Those of the third class shall receive eighty dollars ($80) per school month for each month of actual service. (127) Section 47.' — Teachers, whether rural, graded, principal or English, who shall receive their licenses to teach under the Depart- ment of Education after the passage of this act shall he placed in the third-salary class and may not he advanced to the second-salary class until they have taught three years in their respective classes or higher classes of licenses in the puhlic schools of Porto Rico. No teacher shall ho advanced to the first-salary class from the second, unless they have taught in all five years in their respective classes or higher classes of licenses in the puhlic schools of Porto Pico and unless they shall he the possessors of life certificates. No period of teaching in the public schools of Porto Pico prior to -Inly 1. 1903, shall he counted in calculating the length of service; Provided, how- < Vi r, That all persons who hold a diploma or elementary certificate from the Insular Normal School or from an accredited normal school. college oi- university in the United states or a first-class state certifi- cate by reason of the superior advantages which they have enjoyed. shall he admitted, when given a license to teach by tin- Department of Education, to the second-salary class immediately upon beginning their work in the public schools. (128) Section 4S. 1 Teachers of English shall he divided into three classes on and after duly 1. 1913. Those of the lirst class shall receive ninety dollars ($90) per school month for each month o\' actual serv- ice. Those (4' the second class shad receive eighty-five dollars $85 pi ;■ school month for each month of actual service. Those o\' the third class shall receive eighty dollars ($80) per school month for each month of actual service. (129)- Persons holding licensi s as teachers of English, special teach- ers, principal or English-graded teachers, and graded teachers em- ployed in the oighl schools shall receive a salary of ^1"> for each 1 As amended March 18, 1913. ! \ct of M:m )i ii. L913 47 school month of active service in addition to their regular salaries. Persons holding licenses as rural teachers, employed in the night schools shall receive a salary of $10 for each school month of active service in addition to their regular salaries. Persons holding licenses as speeial teachers and employed in industrial night schools shall receive a salary of $20 for each school month of active service in addition to their regular salaries. (130) Section 49. — Salaries of special teachers shall be fixed by the Commissioner of Education by and with the consent of the Execu- tive Council in the absence of specific provision of law fixing the sal- aries of said special teachers. Salaries of rural, graded and principal teachers, and of any other teacher duly appointed by law shall be paid from the fund designated in the annual appropriation act as "salaries, common schools" unless provision is made by the Legis- lature for the payment of said salaries under some other item of the Annual Appropriation Act or other act of the Legislature. (131) : The classified service shall comprise all positions not in- cluded in the unclassified service; Providing, however, That the ap- pointment and removal of the * * * teachers in the public schools, shall continue to be governed by the special laws in force concerning them, and provided that the teachers in the public schools shall be considered as members of the classified civil service for the purposes of promotion within the Department of Education. DUTIES OP TEACHERS. (132) Section 50.— Teachers shall instruct the pupils in the pub- lic schools in all subjects prescribed in the course of study according to their various grades and the provisions of this act. Teachers shall not teach any subjects not authorized in the said course of study dur- ing the legal school hours. (133) Section 51. 2 - -When a teacher on account of illness, or for any other reason of equal moment, is prevented from attending to his duties, or is compelled to absent himself from the school room during the legal school hours, he shall at once notify the supervising principal of his district and the principal of his school, in towns where a principal is employed, explaining fully the cause of his deten- tion from school. On receipt of such a notice the supervising princi- pal of the district shall notify the Commissioner of Education of the circumstances and the Commissioner may appoint a legally qualified ' Act to regulate and improve the Civil Service of Porto Rico, approved March 14, 19c; '-' As amended March 10, 190 I. 38 substitute to serve until the regular teacher can resume his duties or a successor is legally appointed. (134) Section 52. — All teachers in actual service or holding a license to teach, during the period for which said license is valid, are considered as officials or employees of the Insular Government, and shall not take an active pari in any election or canvass or attempl to canvass or to control any vote or voters (other than their own indi- vidual vote) for or against any candidate or candidates for office at any political convention or to permit their names to he used as mem- bers of political committees of sub-committees without first resigning. their positions and asking to have their licenses canceled. Any viola- tion of tins section shall be considered good cause for the cancellation of a teacher's license. (135) Section 53. a — Corporal punishment is absolutely prohibited in the schools of Porto Rico, except in accordance with regulations issued by the Commissioner of Education in pursuance of Seel ions 53, 66 and 89 of the Compiled School Law, the Organic Act. and other legislative sanction and upon the sanction of the parent or guardian. SELECTION OP TEACHERS. (136) Section 54. 2 — Teach* rs other than teachers of English and special teachers, as defined in section 35 of the Codified School Law. in the public schools of Porto Rico shall be selected in the following manner: The school board of each municipality by a majority vote shall c< rtify to the Commissioner of Education at least three months before the date fixed by the Commissioner of Education as the begin- ning of the school year, the names of any teachers legally qualified whom they desire as teachers for the next ensuing school year. After twelve o'clock noon of the ninetieth day prior to the opening of the school year of each and every year, there shall be made up as speedily as possible, in the office of the Commissioner of Education, a list for each municipality of all the legally qualified teachers whose names have been sent to the Commissioner of Education by the respective school boards and received at the office of the said Commissioner of Education prior to the hour of noon of the ninetieth day prior to the date fixed by the Commissioner of Education for the opening of the school year, and whose names have been previously certified to by the respective school boards of each municipality. Said list shall be signed by the Commissioner of Education and his seal affixed ' As amended March 10, 1910. - As amended March 13, 1913. 39 thereto and become a part of the official records of the Department of Education and henceforth to be known as the official list of the said respective municipalities for the ensuing school year. The Com- missioner of Education shall return the list to the school board of each municipality on or before the sixtieth day prior to the opening of the school year and shall indicate his approval or disapproval of each teacher nominated in said list. All teachers approved on said list shall be considered as appointed to teach in such municipalities for the next ensuing school year and a contract shall be entered into by the school board and the teacher, such contract to be in triplicate, one copy for the files of the Department of Education, one copy for the school board and one copy for the teacher. No names shall be added to such official list unless the number of teachers approved by the Commissioner is not sufficient to fill all the places for which the school board is authorized to make provision. The names of the addi- tional teachers required shall then be submitted to the Commissioner of Education. In case the number of teachers approved by the Com- missioner of Education is not sufficient to fill all schools allotted to any municipality and the school board fails to submit the names of the additional teachers required within ten days after notice from the Commissioner of Education that such names should be submitted. The Commissioner of Education shall appoint the teachers and such appointments shall be valid for the remainder of the school year. No applicant for a school shall be certified to the Commissioner of Education by any school board unless said applicant possesses a valid license to teach, bearing the signature of the Commissioner of Educa- tion and the seal of the Department. No teacher shall be nominated by any school board without the unanimous vote of those present if he is a relative within tile third degree of consanguinity or second degree of affinity of a member of the school board. (137) Section 55. — Teachers of English and all special teachers shall be appointed directly by the Commissioner of Education and shall perform such duties as he may assign to them ; Provided, That teachers of English shall have the qualifications specified in section 40 of this act, and all special teachers shall have the qualifications usually appertaining to teachers of their respective branches and shall have first been granted a license as such special teacher by the Department of Education. The Commissioner of Education may appoint not more than five rural, graded or principal teachers in each school district as teachers at large for the purpose of substituting in the place of teachers regularly chosen in the schools of said district, whom said Commissioner is hereby authorized to remove from their 40 schools £or a period not exceeding three months in any one school year and to assign to study in the Insular Normal School, allowing the teachers thus temporarily absent from their schools full pay and paying said substitute teachers the salary pursuant to law appi Nam- ing to their respective grades; Provided, Thai the salaries thus paid to teachers pursuing their studies in the Insular Normal School for entire period for which they are absent from their schools shall be paid from moneys specially appropriated for "salaries, teachers' institutes ami summer normal schools." (138) In any town having four or more graded schools in one build- ing for which no principal teacher is provided, the Commissioner of Education may designate one of the graded teachers of said town as acting principal with the usual duties and responsibilities of a prin- cipal teacher, and said acting principal shall receive for said services in addition to his regular salary as fixed by law, the further sum of ten (10) dollars per month during the period of such actual service and to be paid from the funds appropriated for "salaries, common schools." (139) Section 56.— [Repealed March 13, 1913.] (139«) Section 57.— [Repealed March 13, 1913.] (140) Section 58. a — Municipalities shall provide rooms or build- ings for schools, and necessary offices for school boards wherever pub- lic buildings in the control of said municipality are available for such purposes. Whenever possible, the municipality shall construct public- school buildings erected and furnished according to plans author- ized by the Commissioner of Education and suitable for graded schools. Where the municipality provides such building, additional teachers, sufficient for six grades, will be furnished as needed. (141) Section 59.— [Repealed March 13, 1913.] COMPULSORY ATTENDANCE. 2 (142) Section 60. — Pupils enrolled in the public schools of Porto Rico shall continue members of the public schools of Porto Rico until thej" shall have completed the work of each grade of the course of study prescribed at the time of such enrollment for the system of schools to which their respective schools belong, except when the parents or guardians show good and sufficient cause for withdrawal in the .judgment of the supervising principal of schools of the muni- cipality; Provided, Such pupils n ; y be dismissed for cause by the 1 \ - amended March 12, 1908. ; Qdi '1 i >:■ 30, 190 I. and March 12. 1 908 41 supervising principal of the municipality or by the school board with the approval of the Commissioner of Education; Provided fur- tin r. Thai parents or guardians shall always have power to transfer their children or wards to other schools of recognized standing. (143) The attendance of pupils enrolled in the public schools of Porto Rico shall be prompt and regular, and their conduct in accord- ance with what is commonly accepted as good behavior and with the rules and regulations to which their respective schools are subject. Prompt attendance is understood to mean that the pupils shall be pres- ent at the time of opening school as prescribed by the teacher of the school or by the supervising principal ; and regular attendance is understood to mean attendance every day unless the pupils be pre- vented from attending by sickness or other good and sufficient cause acceptable to the teacher and subject to the approval of the super- vising principal. (144) Children between eight and fourteen years of age shall be enrolled in any public school that may be located within reasonable distance of their homes, and their attendance at that school shall be enforced as herein provided in the case of any pupil enrolled in the public schools ; Provided, There be a school within reasonable dis- tance as hereinbefore mentioned where accommodation can be fur- nished; And provided, Such children may not already have com- pleted each grade of the course of study prescribed for the particu- lar school which meets the conditions outlined. (145) In each and every graded school an enrollment of not less , than thirty-five nor more than fifty pupils, and in each and every rural school an enrollment of not less than twenty-five nor more than fifty pupils shall be maintained. (146) Failure on the part of the local authorities to maintain a minimum enrollment as hereinbefore provided, or failure to secure such minimum enrollment within thirty days after the receipt of official notification from the Commissioner of Education, shall be sufficient cause for the removal of a school to a more suitable locality within the same municipal district, the school board to furnish suit- able quarters for said school, or sufficient cause for the removal of the school to some other municipality in the discretion of the Com- missioner of Education. (147) Municipal authorities upon notification from the teacher or from the supervising principal of the municipality shall enforce the attendance of children between the ages of eight and fourteen years who reside within a reasonable distance of a public school and who> arc; otherwise eligible for admission to the "public schools of Porto Rico. 42 (148) Any parent or guardian wilfully responsible for the viola- tion of any of the provisions of this section after notification by the teacher of the school or by the supervising principal for the munici- pality in which he or she resides shall be deemed guilty of a misde- meanor and upon conviction in any court shall for the first offense, be publicly reprimanded by the judicial officer before whom they are tried, and for the second offense shall be fined in an amount not to exceed five dollars, and for a third offense shall be fined in an amount not to exceed ten dollars: said fines to be imposed and col- lected ii. accordance with the usual provisions of law applicable to judicial fines. All the processes of the municipal courts of Porto Rico shall be and are hereby made available for the prosecution and conviction of persons accused under the provisions of this Act. (149) 1 That no child under the age of fourteen (14) years who years who has not received from the Department of Education a cer- tificate stating that he has done the work necessary for admission to the fourth grade of the public rural schools of the Island, or show- ing that he has passed the sixth grade of the public graded schools of Porto Rico, according to whether the child lives in the country or in town, or that he has completed the equivalent of such school work, shall be employed in any lucrative occupation during the hourse that such schools are open ; Provided, That this section shall not comprise any child who resides in a community in which there are no schools within a reasonable distance wherein accommodation can be furnished, nor any orphan child or any child who for any other reason depends on his own efforts for support, nor any child whose parents are in- valids and depend exclusively upon the work of the child for their maintenance. In such cases a certificate shall be obtained from the alcalde of the municipality wherein said child resides, which certifi- cate shall state the fact that such condition or necessity exists, and authorize the employment of said child. A copy of this authoriza- tion shall be forwarded to the Bureau of Labor within the ten days following the issuance thereof: Provided, further, That if said child resides at a distance of one kilometer from a night school under the direction of the Department of Education of Porto Rico, said cer- tificate shall be effective only during the time that the attendance of said child at the aforesaid night school shall be certified to monthly by the teacher of the school, unless a just cause should exist for the nonattendanee of the child at said school. 1 Part of U-t of March 13, 1913, as amended August 19. 1913. 4.3 (150) ' That all employers of children from whom certificates are required under the provisions of this act, shall file these certificates, subjed to tlif inspection of the officers of the Department of Educa- tion and of the inspectors of the Bureau of Labor. When such em- ployment shall cease the certificates shall be returned to the children in whose names they may have been issued. (151) : That no child under the age of sixteen years- shall be em- ployed unless the employer shall obtain and preserve, subject to the inspection of the officers of the Department of Education and the agents of the Bureau of Labor, a certificate of his age issued by the municipal secretaiy of the town where the child was born or resides. In case then- is no entry of the birth of the said child in the civil registry of the town where the child was born or resides, the muni- cipal secretary shall issue a certificate setting forth the age of the child based upon an affidavit or sworn declaration of one of the par- ents of the said child, or of his legal guardian or relative next of "kin, or in default of these upon the affidavit or sworn declaration of two reputable persons who have knowledge of and can depose to the age of the said child. No fees shall be charged for issuing the cer- tificate. (152) : That no boy under the age of twelve years and no girl under the age of sixteen years shall sell newspapers, candies or other mer- chandise on any of the streets or public squares, nor work as boot- blacks in said places during school hours in the public schools of Porto Rico. (153) 1 That the said act. approved March 13, 1913, entitled "An act regulating the work of women and children, and protecting them against dangerous occupations," shall not apply to children under sixteen and over ten years of age who are employed in picking or gathering coffee or in planting, picking or tending in the field any agricultural or horticultural products in company with or under the direct personal supervision of their parents, guardians, or relatives over sixteen years of age. NIGHT SCHOOLS. (154) Section 61.— The Commissioner of Education upon appli- cation of twenty young persons unable to attend day school for justi- fied reasons, may establish a night school and may close the same 'Pari <>i' .\