OHIO SCHOOL LAWS IN FORCE APRIL 25, 1904 COMPLIMENTS OF LEWIS D. BONEBRAKE COMMISSIONER IVK FORMS AND DIRECTIONS TO SERVE 14 GUIDE FOR SCHOOL OFFICERS OHIO SCHOOL LAWS IN TORCE APRIL 25, 1904. BLANK TORA\S AND DIRECTIONS TO SERVE AS A GUIDE TOR SCHOOL OEHCERS. Springfield, Ohio: Tne Springfield Publishing Company State Printers. 1904. CONSTITUTION OP OHIO RELATING TO PUBLIC SCHOOLS. ARTICLE I. Sec. 7. [Of the rights of conscience; necessity of religion and knowledge.] * * * Religion, morality and knowledge, however, being essential to good government, it shall be the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction. "The system of public education in Ohio is .the creature of the Constitution and statutory laws of the state. It is left to the discretion of the general assembly, in the exercise of the general legislative power conferred upon it (Art. II, 1), to determine what laws are 'suitable' to secure the organization and management of the contemplated system of common schools, without express restriction, except that 'no religious or other sect or sects shall ever have any exclusive right to, or (control of, any part of the school funds of this state.' " 21 O. S., 198-205; Day, J. The compulsory education law comes within this section. 5 C. C., 645. ARTICLE II. Sec. 26. [What laws to have uniform operation.] All laws of a general nature, shall have a uniform operation throughout the state ; nor, shall any aet, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the gen- eral assembly, except, as otherwise provided in this Constitution. ARTICLE VI. Sec. i. [Funds for educational and religious purposes.] The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or intrusted to this state for educa- tional and religious purposes, shall forever be preserved inviolate, and undiminished; and, the income arising therefrom, shall be faith- fully applied to the specific objects of the original grant, or appro- priations. Sec. 2. [School funds.] The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state ; but no religious or other sect, 6 CONSTITUTION OF OHIO. or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. Religious Instruction, or the reading of the Bible in the public schools, is not re- quired by the Constitution. The board of education have the sole management of the schools, and the courts cannot direct what instruction shall be given or what books read. 23 O. 8., 211. A requirement of a board of education that the Bible be read in the schools as an opening exercise cannot be Interfered with by the courts, and is not in violation of any constitutional rights. 1 N. P.. 140. It is an unlawful diversion of the school funds of the state of Ohio for a board of education to authorize the teaching of religion as a regular branch of study. Attorney General ARTICLE XII. Sec. 2. [Taxation by uniform rule.] Laws shall be passed, by taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise ; and also all real and per- sonal property, according to its true value in money; but burying grounds, public school houses, houses used exclusively for public wor- ship, institutions of purely public charity, public property used ex- clusively for any public purpose, and personal property, to an amount not exceeding in value two hundred dollars, for each in- dividual, may, by general laws, be exempted from taxation ; but all such laws shall be subject to alteration or repeal ; and the value of all property, so exempted, shall, from time to time, be ascertained and published, as may be directed by law. School property is not liable to assessment for street improvement; nor can a Judgment be rendered against the board of education for the payment of the assessment out of Ita contingent fund. 48 O. S., 83. Sidewalk School property not assessable for. 48 O. S., 87. INTERPRETATION OF STATUTES. INTERPRETATION OF STATUTES. Sec. 23. R. S. [Interpretation of certain words.] In the inter- pretation of Parts First and Second, unless the context shows that an- other sense was intended, the word "bond" includes an "undertaking," and the word "undertaking" includes a "bond"; "and" may be read "or," and "or" read "and," if th$ sense requires it ; words of the present include a future tense, in the masculine, include the feminine and neuter genders, and in the plural include the singular and in the singular include the plural number; but this enumeration shall not be construed to require a strict construction of other words in said Parts, or in this Code. A construction which gives effect to every section and clause must be favored. I O., 381, 385 ; 2 O., 395, 398 ; 17 O. S., 52, 68 ; 3 O., 187, 193; 5 O., 48, 51 ; 2 O. S., 147, 151- Each part must harmonize with each other, and a construction of one clause which will neutralize another cannot be correct. 3 O., 187, 193 ; 2 O., 395, 398 ; 5 O., 48, 51. What is plainly implied in a statute is as much a part of it as what is expressed. 50 O. S., 330. The ordinary and natural import of words consistent with the common sense of the community is to be adopted in arriving at leg- islative intent. 5 O., 65, 71 ; 25 O. S., 26, 28. In considering questions arising under the school legislation of the state, such construction should be placed upon its various en- actments, and the several provisions thereof, as will give harmony to our educational system, and secure, as far as practicable, its equal benefits, and the reasonable facilities for their enjoyment to every locality. 21 O. S., 339. Penal statutes must be construed strictly, and cannot be ex- tended by implication to cases not strictly within their terms. 20 O., 7 ; 18 O., 1 1 ; 38 O. S., 659 ; 44 O. S., 347. While the opinion of the state commissioner of common schools cannot have the force of a judicial interpretation, it is of great force as the opinion of an eminent educator, who was at the head of the school system of the state, and presumably familiar with the necessities of the schools. 2 C. C., 366; Stewart, J. REVISED STATUTES or OHIO PART riRST-TITLC III CHAPTER XIII. STATE COMMISSIONER OF COMMON SCHOOLS. SECTION. 354. State commissioner of common schools; election and term of; proviso. 355. Bond. 356. His office; books and papers; prohibi- tions. 357. His duties to teachers' institutes, etc. 358. His supervision over school funds and school officers. 359. Shall prepare and transmit forms and instructions. 360. Shall cause school laws, with forms, etc., to be printed and distributed. SECTION. 361. Annual report of commissioner of schools. 362. What the report shall contain. 363. Shall require reports from private schools, etc. 364. His duty on complaint of fraudulent use of money; appointment of ex- aminer. 365. Powers, duties, and compensation of examiner. 366. Duty of judge and prosecuting at- torney. Sec. 354. [State commissioner of common schools; election and term of; proviso.] There shall be elected triennially, at the general election for state officers, a state commissioner of common schools, who shall hold his office for the term of three years from the second Monday of July succeeding his election ; and in case of a vacancy occurring by death, resignation, or otherwise, the governor shall fill the same by appointment. Provided, that the state commissioner of common schools now in office shall continue to hold his office until three years from the second Monday of July succeeding his election. (1884, March 27; 81 v. 89; Rev. Stat. 1880; 70 v. 195, 102; S. & C, 1362.) Sec. 355. [His official bond, and oath.] Before entering upon the discharge of his official duties, the commissioner shall give bond in the sum of five thousand dollars to the state, with two or more sureties, to the acceptance of the secretary of state, conditioned that he will truly account for and apply all moneys or other property which may come into his hands in his official capacity, and that he will faithfully perform the duties enjoined upon him according to law; which bond, with his oath of office indorsed thereon, shall be filed with the treasurer of state. (70 v. 195, 103; S. & C. 1362.) Sec. 356. [Office; books and papers; prohibitions.] The books and papers of his department shall be kept at the seat of government where a suitable office shall be furnished by the state, at which he 10 OHIO SCHOOL LAWS. Ch. 13. State Commissioner of Common Schools. shall give attendance not less than ten months in each year, except when absent on public duty ; and he shall not, while holding the office of state commissioner of common schools, perform the duties of teacher or superintendent of any public or private school, or be em- ployed as teacher in any college, or hold any other office or position of emolument. (90 v. 13; 70 v. 195, 104; S. & C, 1362.) Sec. 357. [His duties in visiting the several judicial districts.] The commissioner shall visit annually, each judicial district of the state, superintending and encouraging teachers' institutes, conferring with boards of education or other school officers, counseling teachers, visiting schools and delivering lectures on topics calculated to sub- serve the interests of popular education. (70 v. 195, 105 ; S. & C., 1362.) Sec. 358. [His supervision over school funds ; may require reports from certain officers.] He shall also exercise such supervision over the educational funds of the state as is necessary to secure their safety and right application and distribution according to law. He has power to require of county auditors, boards of education, clerks and treasurers of boards of education, or other local school officers, and county treasurers, copies of all reports by them required to be made, and all such other information in relation to the funds and condition of schools and the management thereof as he deems important. (70 v. 195, io6;S. &C, 1362.) Sec. 359. [Shall prepare forms, etc.] He shall prescribe suitable forms and regulations for making all reports and conducting all neces- sary proceedings under the school laws, and cause the same, with such instructions as he deems necessary and proper for the organization and government of schools, to be transmitted to the local school offi- cers, who shall be governed in accordance therewith. (70 v 195 107 ;S. &C, 1363.) Sec. 360. [Duties as to distribution of school laws, etc.] He shall cause as many copies of the laws as are necessary, relating to schools and teachers' institutes, with an appendix of appropriate forms and instructions for carrying into execution all such laws, to be printed in a separate volume, and distributed to each county with the laws, journals, and other documents, for the use of the school officers therein, as often as any change in the laws is made of sufficient im- portance, in the opinion of the commissioner, to require a republi- cation and distribution thereof. (70 v. 195, 108; S. & C., 1363!) Sec. 361. [Annual report of commissioner of schools.] He shall make an annual report, on or before the fifteenth day of November, to the general assembly, when that body is in session, and when not in OHIO SCHOOL LAWS. 11 State Commissioner of Common Schools. Ch. 13. session the report shall be made to the governor, who shall cause the same to be published, and shall also communicate a copy thereof to the general assembly at the beginning of the next session. (1888, Apr. ii : 85 v. 192; Rev. Stat. 1880; 70 v. 195, 109; S. & C., 1363.) Sec. 362. [What it shall present.] In his annual report he shall present a statement of the condition and amount of all funds and property appropriated to purposes of education ; a statement of the number of common schools in the state, the number of scholars attending such schools, their sex, and the branches taught; a state- ment of the number of private or select schools in the state, so far as the same can be ascertained, and the number of scholars attending such schools, their sex, and the branches taught; a statement of the number of teachers' institutes, and the number of teachers attend- ing them, and the number of instructors and lecturers, and the amount paid to each ; a statement of the estimates and accounts of the expen- ditures of the public school funds of every description ; a statement of plans for the management and improvement of common schools, and such other information relative to the educational interests of the state as he deems of importance. (70 v. 195, no; S. & C., 1363.) Sec. 363. [Shall require reports from private schools, etc. He shall, annually, require of the president, manager, or principal of every seminary, academy, and private school, a report of such facts, arranged in such form as he prescribes, and shall furnish blanks for such reports ; and it is made the duty of every such president, manager, or principal, to fill up and return such blanks within the time the commissioner directs. (73 v. 225, i.) Sec. 364. [Duties of commissioner on complaint of fraudulent use of money, etc. ; appointment of accountant to investigate charges.] When a complaint is made to the state commissioner of common schools, in writing, verified by the affidavits of at least three free- holders and taypayers, resident of any school district in the state, and bearing the certificate of the auditor or auditors of the respective county, or counties, in which said district is located, that said affiants are freeholders and taxpayers, alleging that they have good reason to and do believe that any portion of the school fund of such district ha> been expended, or is being expended, contrary to law, or has been fraudulently, unlawfully, or corruptly used, or misapplied, by any oi the officers of such district, or that there have been fraudulent entries in the books, accounts, vouchers, or settlement sheets thereof, by any such officers, or that any of such officers have not made settlements of their account as required by law, or whenever from information filed in his office, or from other cause, the state commissioner of common 12 OHIO SCHOOL LAWS. Ch. 13. State Commissioner of Common Schools. schools may deem it necessary for the safety and security of the public funds of any school district, situated in the state of Ohio, he is authorized and required to appoint some trustworthy and competent accountant, for the purpose of investigating such complaint, or alle- gations, who after being duly commissioned by said state commis- sioner of common schools and sworn by any person authorized by law to administer oaths, shall forthwith visit such school district and take possession of all the books, papers, vouchers and accounts of such district and investigate the truth of the allegations of such com- plaint, and the condition of the school fund of such district; and the several officers of such school district, on the application of such examiner, shall immediately place in his possession all their books, accounts, contracts, vouchers, and other papers having reference to the receipts and disbursements of the school funds; and the county auditor and treasurer shall give such examiner free access to all the records, books, papers, vouchers, and accounts of their respective offices having reference to the object of such investigation, and said examiner is authprized, by and with the written consent of the prose- cuting attorney, or the judge of the court of common pleas of the county in which such district is located, to require the assistance of the official stenographer of said county, in making such examination ; and said stenographer shall receive only such compensation and in the manner provided in section 478, Revised Statutes, upon the certificate of the prosecuting attorney of said county. (94 v. 312 ; 72 v. 82, i.) Sec. 365. [Powers and duties of examiner; his compensation; payment thereof.] Such examiner shall have authority to call before him forthwith, upon written notice, and examine witnesses, under oath, to be administered by him ; and he shall immediately after completing such investigation, report in writing, in duplicate, setting forth the condition of the books, vouchers, and accounts of such district, the amount of school funds received for any and all purposes, and from whatever source, the amount expended, and for what, and the amount actually in the treasury, one copy of which report he shall file in the office of the clerk of the court of common pleas of the county in which such district is situate, and the other copy he shall transmit to the state commissioner of common schools at Columbus; and the examiner so appointed and performing the duties herein required, shall receive as compensation a per diem of five dollars for each day necessarily engaged in the performance of his duties, and shall also receive five cents for each mile by him necessarily traveled in that behalf; but no mileage shall be allowed for a greater distance than from Columbus to such district; and such compensation and mileage OHIO SCHOOL LAWS. 13 State Commissioner of Common Schools. Ch. 13. shall be paid out of the county treasury upon the warrant of the county auditor, and if the investigation establish the truth of any material allegation in such complaint, then such amount so paid shall be assessed by the county auditor upon the taxable property of the district, to be collected as other taxes are for the use of such county treasurer. (94 v. 313; 72 v. 82, 2.) Sec. 366. . [Adverse report of examiner to be given in charge to the grand jury ; duty of prosecuting attorney.] The judge of the court of common pleas of the proper county shall examine the report so filed in the clerk's office, as provided in section three hundred and sixty-five, and if it appear therefrom that any part of the common school fund has been fraudulently, unlawfully, or corruptly used or misapplied, or that there has been fraud in any of the entries, accounts, vouchers, contracts, or settlements, or that the settlements have not been made as required by law, or that there appears any defalcation or embezzlement on the part of any of the officers of such school district, he shall give the report specially in charge to the grand jury at the term of the court of common pleas next after the filing of the same ; and the prosecuting attorney of such county shall forthwith institute and carry forward such proceedings, civil or criminal, or both, against the delinquent officer or officers of such district as is authorized by law. (72 v. 82, 3.) PART SECOND TITLE III. SCHOOLS. Classification and Change of Districts. City School Districts. Village School Districts. Township School Districts. Special School Districts. School Funds. Provisions Applying to all Boards. School Houses and Libraries. Schools and Attendance Enforced. Enumeration, Treasurer, and Clerk. Reports. Boards of Examiners. Teachers' Institutes. Chapter 130. State Normal Schools. Chapter 14. Universities. Chapter 15. Schools Specially Endowed. Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter 10. Chapter n. Chapter 12. Chapter 13. CHAPTER I. CLASSIFICATION AND CHANGE OF DISTRICTS. SECTION. 3885. Classification of school districts. 388*. City school districts. 3887. Repealed. 3888. Village school districts. 3880. Change of classification In certain cases; terms of members of boards of education whert classification Is changed; village districts abolished by surrender of corporate power of municipality. 3890. Township school districts. SECTION. 3891. Special school districts. 3892. Territory must be contiguous. 3893. Annexation of territory to cities and villages. 3894. Transfer of territory by agreement between boards of education. 3895. Transfer of territory by proceedings In probate court. 3896. Division of funds and indebtedness when territory is transferred or annexed. Sec. 3885. [Classification of school districts.] The state is hereby divided into school districts to be styled respectively, city school districts ; village school districts ; township school districts ; and special school districts. (Passed and Approved April 25, 1904.) OHIO SCHOOL LAWS. 15 Classification and Change of Districts. Ch. 1. Sec. 3886. [City school districts.] Each incorporated city, now existing or hereafter created, together with the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes, shall constitute a city school district. (Passed and approved April 25, 1904.) Sec. 3887. Repealed April 25, 1904. Sec. 3888. [Village school districts.] Each incorporated village now existing or hereafter created, together with the territory attached to it for school purposes, and excluding the territory within its cor- porate limits detached for school purposes, shall constitute a village school district. (Passed and approved April 25, 1904.) Sec. 3889. [Change of classification in certain cases; terms of members of boards of education when classification is changed; village districts abolished by surrender of corporate power of munici- pality.] When a village is advanced to a city, the village school dis- trict shall thereby become a city school district ; when a city is reduced to a village the city school district shall thereby become a village school district. The members of the board of education in village school districts that are advanced to city school districts, and in city school districts that are reduced to village school districts, shall con- tinue in office until succeeded by the members of the board of edu- cation of the new district, who shall be elected at the next succeeding annual election for school board members. Upon the creation and incorporation of a village, the same shall thereby become a village school district, and if said village was, previous to its creation and incorporation, included within the boundaries of a special school dis- trict but said special district included more territory than is included within the village limits, said territory shall be, and thereby is, at- tached to said village school district for school purposes ; when a vil- lage surrenders its corporate powers the village school district shall be thereby abolished and the territory formerly constituting said village district shall become a part of the township school district or districts of the civil township or townships in which it is situated, and all school property shall pass to and become vested in the township board of education of the civil township in which it is situated ; the provisions of section 1536-4 of the Revised Statutes of Ohio in regard to the settlement of the affairs of a village that has surrendered its corporate powers shall also apply to the village school district and the board of education of the same, and in case the village school district is situated in two or more townships any distribution of funds shall be made in proportion to the total tax valuation of the property situated in the several townships. (Passed and approved April 25, 1904.) 16 OHIO SCHOOL LAWS. Ch. 1. Classification and Change of Districts. Sec. 3890. [Township school districts.] Each civil township together with the territory attached to it for school purposes, and ex- cluding the territory within its established limits detached for school purposes, shall constitute a township school district. (Passed and approved April 25, 1904.) Sec. 3891. [Special school districts.] Any school district, now existing, other than a city, village or township school district, and any school district organized under the provisions of chapter 5 of this title, shall constitute a special school district. (Passed and approved April 25, 1904.) Sec. 3892. [Territory must be contiguous.] The territory in- cluded within the boundaries of any city, village or special school district shall be contiguous. (Passed and approved April 25, 1904.) Sec. 3893. [Annexation of territory to cities and villages.] Whenever territory is annexed to a city or village, such territory thereby becomes a part of the city or village school district and the legal title to all school property in said territory shall be thereby vested in the board of education of such city or village school district. (Passed and approved April 25, 1904.) Sec. 3894. [Transfer of territory by agreement between boards of education.] A part or the whole of any school district may be transferred to an adjoining school district by the mutual consent of the boards of education having control of such district; to secure such consent it shall be necessary for each of said boards to pass a resolution indicating the action taken and definitely describing the territory to be transferred, and the passage of said resolution shall require a majority vote of the full membership of each board, to be taken by a yea and nay vote and the vote of each member to be entered on the records of such boards ; but such transfer shall not take effect until a map showing the boundaries of the territory trans- ferred is placed upon the records of such boards, and copies of the resolution certified to the president and clerk of each board, together with a copy of said map, is filed with the auditor or auditors of the county or counties in which such transferred territory is situated. (l'a>>ed and approval .\\>r\\ 25, 1904.) Sec. 3895. [Transfer of territory by proceedings in probate court.] Territory can also be transferred from one school district to another in the following manner: A petition signed by not less than one-half of the qualified male citizens who are electors residing in the territory sought to be transferred and accompanied by a cor- rect map of said territory, shall be filed with the clerks of the boards of education interested and if such boards of education fail or refuse to OHIO SCHOOL LAWS. 17 Classification and Change of Districts. Ch. 1. transfer such territory by mutual consent, as provided for in section thirty-eight hundred and ninety-four of the Revised Statutes of Ohio, within sixty days after the filing of said petition and map, the petitioner shall file a copy of said petition and map in the probate court of the county in which such territory is situated, or if the territory be in two or more counties, in the probate court of the county containing the largest proportionate share of the territory to be transferred ; the peti- tions [petitioners] shall be required to give satisfactory security for the costs in the sum of one hundred dollars, conditioned that the sureties shall pay all the costs in case the transfer is not granted ; the probate judge shall thereupon fix a day for the hearing of said petition and shall cause to be published for four consecutive weeks, in two news- papers of opposite politics, printed and of general circulation in the county, a notice of the filing of such petition and of the time of the hearing, and he shall also notify the clerks of the boards of education interested of the filing of the petition and the time of hearing; the probate judge is authorized and empowered to hear and determine the case and give judgment for or against such transfer and his judg- ment shall be final. In case the finding is against the transfer, judg- ment shall be rendered against the petitioners for the costs of the pro- ceedings, and if the finding is for the transfer, judgment shall be rendered against each of the boards of education interested for one- half of the costs, or if more than two boards are interested judgment shall be rendered against each for its equal proportionate share of the costs. A certified copy of the findings of the court, together with a copy of the map of the territory transferred, shall be filed in the office of the county auditor by the probate judge. (Passed and ap- proved April 25, 1904.) Sec. 3896. [Division of funds and indebtedness when territory is transferred or annexed.] When territory is transferred from one school district to another under the provisions of section 3894 of the Revised Statutes of Ohio, the equitable division of funds or indebted- ness shall be determined upon at the time of the transfer. When territory is transferred from one school district to another by pro- ceedings in the probate court, or by the annexation of territory to a city or village, the proper division of funds in the treasury, or in the process of collection, of the board of education of the school dis- trict from which the territory is detached, shall, upon application to the probate court of the county in which such territory is situated by either board of education interested, be determined and ordered by said court ; in case said board of education is indebted, such indebted- ness together with the proper amount of money to be paid to said 2 S. L. 18 OHIO SCHOOL LAWS. Ch. 1. Classification and Change of Districts. board of education by the board of education of the school district to which the territory is transferred, annexed, or the district created, shall be, in a like manner, determined and ordered by said court. If the territory is situated in two or more counties the application and proceedings shall be had in the probate court of the county con- taining the largest proportionate share of said transferred territory. The findings of the probate court shall be final. (Passed and approved April 25, 1904.) OHIO SCHOOL LAWS. 19 City School Districts. Ch. 2. CHAPTER II. CITY SCHOOL, DISTRICTS. 3897. Boards of education in city dis- tricts; number of members; ex- isting boards to fix number of members and divide city into sub-districts; re-districting-; when board fails to divide into districts ; first election, how con- . ducted; elections held there- after; change in membership of board. 3S97a. Organization; meetings; president; clerk; nomination by petition. 3S97b. Trustees of school teachers' pen- sion fund; number, election and term. 3897c. How fund created. 3897d. Retirement and pension of teach- ers; meaning of term, "teacher"; amount of pension; who not en- titled to pension; how, wnen fund insufficient to pay pensions. 3897c. Use of principal and Income. 3S91f. Monthly certifications of deductions from salaries. 38970. Who custodian of fund; duties. 3897ft. Rebate in case of resignation or removal; heirs; legatees or as- signs of deceased teacher en- titled to half amount paid. 3S97i. Rules and regulations. 3897;'. Transfer of fund now existing to trustees herein created. 3897fc. Deductions, fines, penalties and as- sessments, disposition of. 3897J. Board of education may contribute to pension fund. 3898. Attached territory, assignment of and voting in. 3899. Repealed. 3900. Re-districting of city districts. 3901. Schools for deaf children. 3902. Repealed. 3903. Repealed. Sec. 3897. [Boards of education in city districts; number of members.] In city school districts the board of education shall consist of not less than two members nor more than seven members elected at large, by the qualified electors of the school district, and of not less than two members nor more than thirty members elected from sub-districts by the qualified electors of their respective sub- districts ; provided that in city school districts which at the last preceding federal census contained a population of not less than fifty thousand persons, the board of education shall consist of not less than three members nor more than seven members elected at large, by the qualified electors of such city school districts. [Existing boards to fix number of members and divide city into sub-districts.] Not later than the first day of July next, after the passage of this act, the present city school board, board of education, school council or other city school legislative body, shall pass a reso- lution fixing, within the limits prescribed by this act, the number of members of said board of education to be elected at large, and in city school districts where there are members of the board of education to be elected from sub-districts, they shall also, at the same time, fix the number of members of the board of education to be elected by such city sub-districts. The said city school board, board of education, school council or other city school legislative body, in city school dis- tricts where there are members of the board of education to be elected 20 OHIO SCHOOL LAWS. Ch. 2. City School Districts. from sub-districts, shall, at the same time, to-wit: Before the first day of July next, after the passage of this act, subdivide said city school district into sub-districts equal in number to the number of members of the board of education in said city school district who are to be elected from sub-districts therein -established. Said sub-districts shall be bounded as far as practicable by corporation lines, streets. alleys, avenues, public grounds, canals, water courses,ward boundaries, voting precinct boundaries or present school District boundaries, and shall be as nearly equal in population as possible, and shall be com- posed of adjacent and as compact territory as possible. The lines of sub-districts so fixed shall not be changed until after each succeeding federal census. [Redistricting.J Within three months after the official announce- ment of the result of each succeeding federal census the board of edu- cation of each city school district shall redistrict the said city school district into sub-districts in accordance with the provisions of this act. PWhen board fails to divide into districts.] If the city school board of education, school council, or other city school legislative body shall fail to district or redistrict said city school district as herein re- quired, at the time or times herein specified, then and in that event, up- on the application of the president of the board of education the state commissioner of common -schools shall, subject to the requirements of this act, forthwith district, or re-district said city school districts. [First election; how conducted.] Provided also, that school sub- districts shall be numbered from one up, consecutively, and that a/ the first election for members of the board of education held after the passage of this act, the members to be elected to the board of edu- cation from sub-districts of odd numbers beginning with one, shall be elected for two years, and those elected from sub-districts of e\en numbers shall be elected for four years, and at the expiration of their respective terms their successors shall be elected for a term of four years ; and provided further, that at the said first election the members of the board of education at large in all city school districts shall be elected for terms as follows: If there be but two members of the board of education elected at large, one shall be elected for two years and one for four years, and if there be more than two, and the number thereof divisible by two, the one-half of such board shall be elected for two years and one-half for four years but if the whole number of members elected at large be not divisible by two, then the number to be elected for two years shall be the quotient obtained by dividing the whole number to be elected at large, less one, by two, and the remain- ing members shall be elected for four years. OHIO SCHOOL LAWS. 21 City School Districts. Ch. 2. [Elections held thereafter; change in membership of board.] At the expiration of their respective terms their successors shall be elected for four years. Members elected at large must be electors of the city school district, and members elected from sub-districts must be electors of the city sub-districts from which they are chosen, or of the territory attached to the sub-district for school purposes ; a removal from said sub-districts, territory or city school district shall vacate said office. The number of members of the board of edu- cation shall not be changed, except at the time of the redistricting herein provided for, within three months after the official announce- ment of the result of the federal census. All members of boards of education of city school districts, herein provided for shall be elected at the same time and in the same manner as municipal officers are elected. (Passed and approved April 25, 1904.) Sec. 38970. [Organization; meetings; president; clerk; nomina- tion by petition.] Boards of education in city school districts shall organize on the first Monday in January after the election held for members of the board of education by the election of one of their members as president and the election of a clerk, who may or may not be a member of the board, -the president to be elected for one year and the clerk to be elected foe a term not to exceed two years ; they shall fix the time of holding regular meetings. Upon the organi- zation of the first boards of education elected under this act, the previously existing boards of education are thereby abolished and said newly elected boards shall be their successors in all respects. Not less than fifteen days before the election of members of boards of education, nominations of candidates therefor may be made by nomination papers, signed in the aggregate for each candidate by not less than twenty-five qualified electors of either sex of the school dis- trict, except that in city school districts such nomination papers shall be signed by petitioners not less in number than one for every one hun- dred persons who voted at the next preceding general election in such city ; and whenever each of such candidates shall be so nominated and his or their names shall be presented to the county board of deputy state supervisors of elections of the county in which such district is situ- ated not less than fifteen days prior to the ensuing election, the said board of deputy state supervisors of elections shall publish on two different days prior to such election the names of such candidates in two newspapers of opposite politics in the school district, if there be such printed and published therein, or, if no newspaper is printed therein, by posting such list of names in at least five public places in the school district. (Passed and approved April 25, 1904.) 22 OHIO SCHOOL LAWS. Ch. 2. City School Districts. Sec. 38971?. [Trustees of school-teachers' pension fund; number, election and term.] Whenever the board of education of any school district shall declare by resolution, adopted by a majority vote of the members of said board, that it is advisable to create a school- teachers' pension fund for such school district, said school-teachers' pension fund shall be under the charge, management and control of a board to be known as the board of trustees of the school-teachers' [pension fund for such school] district, which board shall be com- posed of not less than three, nor more than seven, members, as said board of education shall by resolution declare; if composed of less than five members, one of the members of said board of trustees of the school-teachers' pension fund of such school district shall be elected by the board of education of such school district, and the re- maining members by the teachers of the public schools, including the teachers of any high schools, of such district, who have accepted the provisions of this act, as hereinafter provided ; if such board is to be composed of five or more members, two of the members of said board of trustees of said school district shall be elected by the board of education of such school district, and the remaining members by the teachers of the public schools, including the teachers of any high schools of such school district, who have accepted the provisions of this act, as herein provided ; such election of the members of said board by the teachers to be at a meeting called by the superintendent of schools of such school district, the first election to be at a meeting to be called by such superintendent when one-third of the teachers of the public schools of such school district shall have accepted the provisions this act ; the members of said board of trustees of the school-teach- ers' pension fund shall be elected for such length of time as the board of education of such school district shall by resolution declare, to serve not less than one, nor more than three, years, and shall serve until their successors are elected and qualified, such service to be without compensation. (92 v. 149; 94 v. 306; 95 v. 610.) Sec. 38970. [How fund created.] Whenever the board of edu- cation of any school district shall have declared the advisability of creating a school-teachers' pension fund, as herein provided, the clerk of said board of education shall notify each and every teacher in the public schools and high schools, if any, of said school district, by notice in writing of the passage of such resolution, and require said teachers to notify said board of education in writing within thirty days from the date of said notice whether they consent or decline to accept the provisions of this act; and from and after the election of the board of trustees herein provided for, the sum of two dollars ($2) shall be deducted by the proper officers from the OHIO SCHOOL LAWS. 23 City School Districts. Ch. 2. monthly salary of each teacher who may have accepted the provisions of this act, and from the salary of such new teachers as may here- after accept the same, as herein provided, said sum to be paid into and applied to the credit of said school-teachers' pension fund, and shall continue to so deduct said sum during the remainder of the term of service of said teacher. All teachers hereafter appointed in said public schools, or high schools, if any, in said school district, shall be notified within thirty days after their appointment by the clerk of such board of education of the election of said board of trustees of said school-teachers' pension fund, and they shall be required to notify said board of education within six months there- after whether they consent or decline to accept the provisions of this act. All moneys received from donations, legacies, gifts, be- quests or from any other source shall also be paid into said fund, or into a permanent fund, and if paid into a permanent fund, the interest only of said fund shall be applied to the payment of pensions. Said board of trustees shall have power to invest said pension fund in the name of said board in bonds of the United States, or the state of Ohio, or of any county in this state, or of any municipal corporation in this state, or of any school district in this state ; and said board shall have power to make payments from said pension fund for pensions granted in pursuance of this act. Said board of trustees shall also have power from time to time to make and estab- lish such rules and regulations for the administration of said pen- sion fund as they shall deem best. (92 v. 152; 95 v. 610.) Sec. sSgyd. [Retirement and pension of teachers; meaning of term "teacher" ; amount of pension ; who not entitled to pension ; how, when fund insufficient to pay pensions.] Said board of education of said school district, and any union board, or other separate board, if any, having the control and management of the high schools of said school district, shall each of them have power by a majority vote of all the members composing said board to retire on account of physical or mental disability, any male or female teacher under such board who shall have taught for a period aggregating twenty (20) years, whether before or after, or partly before or after, the passage of this act; provided, however, that three-fifths of said period of service shall have been rendered by said beneficiary in the public schools or high schools of said school district, or in the public schools or high schools of the county in which said school district is located, and the re- maining tw r o-fifths of said period of service in the public schools of this state or elsewhere. "The term 'teacher' under this act, shall include all teachers regularly employed by either of said boards in the day schools, including the superintendents of schools, all super- 24 OHIO SCHOOL LAWS. Oh. 2. City School Districts. intendents of instructor!, principals, and special teachers, and in the estimation of years of service, only service in public day schools or day high schools, supported in whole or in part by public taxa- tion, shall be considered. Any teacher shall have the right to retire and become a beneficiary under this act who shall have taught for a period aggregating thirty (30) years, whether before or after, or partly be- fore or after, the passage of this act ; provided that three-fifths of said term of service shall have been rendered in the public schools or in the high schools of said school district, or in the public schools or high schools of the county in whrch said district is located, and the remaining two-fifths of said term of service in the public schools of this state' or elsewhere. Each teacher so retired or retiring shall be entitled during the remainder of his or her natural life to receive as pension, annually, the sum of ten dollars ($10) for each and every year of service rendered as teacher, but in no event shall such pension paid to any teacher exceed the sum of five hundred dollars ($500) in any one year, and said pensions shall be paid monthly during the school year ; but in no event shall such pension be paid to any teacher until such teacher shall contribute, or shall have contributed, to said fund a sum equal to twenty dollars ($20) a year for each and every year of service rendered as teacher, but in no event shall this sum exceed six hundred dollars ($600) ; but should any teacher retiring be unable to pay the full amount of this sum before receiving a pension, the board of trustees shall, in paying the annual pension to such retiring teacher withhold on each month's payment twenty per cent, thereof, until the full amount as above provided shall have been thus contributed to the fund ; provided further, that if said pension fund shall at any time be insufficient to meet the pensions so provided for, that during the period that such fund is insufficient to make such payment, the amount in said fund during said period shall be pro-rated between the parties entitled thereto. (92 v. 153 ; 94 v. 307 ; 95 v. 611.) Sec. 3897^. [Use of principal and income.] Said board of trus- tees shall have the power to use both the principal and income of said fund for the payment of the premiums herein provided for, and the expense thereof. No portion of said pension fund shall, befo~e its distribution and payment by said board of trustees to the bene- ficiaries, be liable to be taken or subjected by any writ or legal process against the beneficiary. (92 v. 154; 95 v. 612.) Sec. sSgy/". [Monthly certifications of deductions from salaries.) The clerk of the board of education of said school district, and the clerk of the union board of high schools, or other separate board having the control and management of the high schools of said school dis- OHIO SCHOOL LAWS. 25 City School Districts. Ch. 2. trict, if any, shall each of them certify monthly to said board of trus- tees all amounts deducted from the salaries of the teachers as afore- said, which amounts, as well as all other moneys contributed to said fund, shall be set apart as a special fund for the purposes herein specified, subject to the order of said board of trustees. All moneys belonging to said fund shall be paid only on the order of said board of trustees, entered upon its minutes on warrants signed by the pres- ident and secretary of said board. (92 v. 154; 95 v. 612.) Sec. 3897^. [Who custodian of fund; duties.] The treasurer of said school district shall be the custodian of said pension fund, and shall keep the same subject to the order, control and direction of said board of trustees. He shall keep books .of accounts concerning said fund in such manner as may be prescribed by said board, which books of account shall always be subject to the inspection of said board of trustees or of any member thereof. Said treasurer shall execute a bond to said board of trustees with good and sufficient sureties in such sum as said board of trustees shall require, which bond shall be sub- ject to the approval of said board and be conditioned for the faith- ful performance of his duties as custodian of said board and treasurer of said board. He shall always keep and truly account for all mon- eys and profits coming into his hands as such treasurer belonging to such fund, and at the expiration of his term of office shall pay over, surrender and deliver to his successor all securities, moneys and other property of whatsoever kind, nature and description which may be in his hands or under his control as treasurer aforesaid. Said treasurer shall be paid for his services under this act as compensation not to exceed one per cent, annually of the amount paid into said fund during the year. (92 v. 154; 95 v. 612.) Sec. 3897/7. [Rebate in case of resignation or removal; heirs, lega- tees or assigns of deceased teacher entitled to half amount paid.] Any teacher who shall resign or be removed for cause, as aforesaid, shall, upon application within three (3) months after such resignation or removal takes effect, be entitled to receive one-half of the total amount paid by such teacher into such fund. In case of the death of any teacher, the heirs, legatees or assigns of the deceased teacher shall be entitled to receive one-half of the total amount paid by such teacher into such fund upon application therefor, with proof of claim to the satisfaction of the board of trustees. (92 v. 154; 94 v. 308; 95 v. 613.) Sec. 3897;'. [Rules and regulations.] The board of trustee shall make such rules and regulations as it may deem expedient or nec- essary for its government ; which rules and regulations must be 26 OHIO SCHOOL LAWS. Ch. 2. City School Districts. adopted, and when adopted, may be amended, by a vote of not less than two-thirds of all the members of said board of trustees. (94 v. 308; 95 v. 613.) Sec. 3897;. [Transfer of fund now existing to trustees herein creat- ed.] Upon the election and organization of a board of pension trustees under this act in any school district of this state, any school-teachers' pension fund heretofore created for said district under any former act, shall be transferred to the board of trustees created under this act by the board or persons having control thereof; and all benefi- ciaries now receiving pensions from the fund transferred as afore- said, shall continue to receive pensions under this act. (95 v. 613.) Sec. 3897^. [Deductions, fines, penalties and assessments, dis- position of.] The board of education in any school district which has created, or shall hereafter create, a teachers' pension fund, shall pay monthly into said teachers' pension fund all deductions, fines, penalties and assessments made against any of the teachers or other employes of said board for violation of any of the rules or orders of the said board. (Passed and approved April 25, 1904.) Sec. 38977. [Board of education may contribute to pension fund.] The board of education in any school district which has created or shall hereafter create, a teachers' pension fund, may pay semi-annually, out of the contingent fund of such school district, into said teachers' pension fund, not to exceed two per cent, of the gross receipts of said board of education raised by taxation to be applied to the payment of teachers' pensions as hereinbefore provided. (Passed and approved April 25, 1904.) Sec. 3898. [Attached territory, assignment of and voting in.] When territory is attached to a city school district for school pur- poses, it shall be the duty of the board of education to assign such territory to the sub-district or sub-districts adjoining the same, and a map showing such assignment shall be made a part of the record of the board ; the electors residing in said attached territory shall br entitled to vote for school officers and on all school questions in the sub-district to which they are assigned, and in the election pre cinct nearest their residence ; and in case the board fails to perform this duty, the electors residing in said attached territory shall be entitled to vote in the sub-district and precinct nearest their residence An elector residing in the city, but not in the city school district shall not be entitled to vote in said city school district. (Passed and approved April 25, 1904.) Sec. 3899. Repealed 89 v. 79. Sec. 3900. | Redistricting of city districts.] The redistricting of a city school district shall not affect the membership of the then ex- OHIO SCHOOL LAWS. 27 City School Districts. Ch. 2. isting board of education in said city school district ; all the members thereof shall continue to serve for the full term for which they were elected, but after the expiration of said terms the election of members of the board of education from sub-districts shall be by the sub-dis- tricts as redistricted. (Passed and approved April 25, 1904.) Sec. 3901. [Schools for deaf children.] Boards of education of city school districts are authorized and empowered to establish and maintain, under their management and control one or more day schools for the education of the deaf youth of school age of the dis- trict, the expense of conducting the same to be paid from the school funds of the district in the same manner and from the same funds as other school expenses are paid. (Passed and approved April 25, 1904.) Sec. 3902. Repealed April 25, 1904. Sec. 3903. Repealed April 25, 1904 28 OHIO SCHOOL LAWS. Ch. 3. Village School Districts. CHAPTER III. VILLAGE SCHOOL DISTRICTS. SECTION. 3904. Repealed. 3905. Repealed. 3906. Repealed. 3907. Repealed. 3908. Board of education In village dis- tricts ; membership ; election and term. SECTION. 3909. Newly created village districts; elec- tion In. 3910. Voting in attached territory. 3911. Organization; president; clerk; regu- lar meetings. 3912. Repealed. 3913. Repealed. 3914. Repealed. Sec. 3904. Repealed April 25, 1904. Sec. 3905. Repealed April 25, 1904. Sec. 3906. Repealed April 25, 1904. Sec. 3907. Repealed April 25, 1904. Sec. 3908. [Board of education in village districts; membership; election and term.] The board of education of village school districts shall consist of five members elected at large at the same time and in the same manner as municipal officers are elected, for the term of four .years from the first Monday in January after their election or until their successors are elected and qualified. At the first municipal election held after the passage of this act there shall be a board of education elected in all village districts as provided for herein, two to serve for two years, and three to serve for four years, and at the municipal election held every second year thereafter, their successors shall be elected for the term of four years. Upon the organization of said boards, upon the succeeding first Monday in January after their election, the previously existing village boards of education shall be thereby abolished and the newly elected and organized board shall be their successors in all respects. (Passed and approved April 25, 1904.) Sec. 3909. [Newly create'd village districts; election in.] In all incorporated villages not now organized as school districts and in all villages hereafter created, there shall be a board of education elected as provided for in section 3908 of the Revised Statutes of Ohio; provided, however, that if said election be a special election held in a newly created village, the members elected shall serve for the terms as indicated in said section 3908, from the first Monday in January after the last preceding election for members of boards of education, and the board shall organize on the second Monday after the special election. (Passed and approved April 25, 1904.) Sec. 3910. (Voting in attached territory.] Electors residing in territory attached to a village school district for school purposes, OHIO SCHOOL LAWS. 29 Village School Districts. Ch. 3. shall be entitled to vote for school officers and on all school questions, at the regular voting place in the village to which such territory is attached, and should said village be divided into voting precincts, it shall be the duty of the board of education of such village school district to assign such territory to the adjoining precinct or precincts and to have a map prepared showing such assignment, said map to be made a part of the records of the board, and the electors residing in such attached territory shall be entitled to vote in the precinct to which they are assigned, but in case no assignment of territory is made, the elector shall vote in the precinct nearest his residence. An elector residing in a village, but not in a village school district, shall not be entitled to vote in said village school district. (Passed and approved April 25, 1904.) Sec. 3911. [Organization; president; clerk; regular meetings.] Boards of education of village school districts shall organize on the first Monday in January after the election of the board, by the election of one of their members president, and the election of a clerk who may or may not be a member of the board, the president to be elected for one year and the clerk to be elected for a term not to ex- ceed two years ; and they shall fix the time of holding regular meetings. (Passed and approved April 25, 1904.) Sec. 3912 Repealed April 25, 1904. Sec. 3913. v Repealed April 25, 1904. Sec. 3914. Repealed April 25, 1904. 30 OHIO SCHOOL LAWS. Ch. 4. Township School Districts. CHAPTER IV. TOWNSHIP SCHOOL DISTRICTS. SECTION. 3915. Boards of education in township districts; membership; election and term. 3916. Attached territory; voting in. 3917. Repealed. 3918. Repealed. 3919. Repealed. 3620. Organization; president; clerk; regular meetings. 3921. Sub-districts recognized. 3921a. Director of sub-districts; election; term; duties. SECTION. 3922. Centralization by suspension of one or more sub-district schools. 3923. Joint sub-districts abolished. 3924. Repealed. 3925. Repealed. 3926. Repealed. 3927. Repealed. 3927-1. Repealed. 3927-2. Centralization, submission of ques- tion to vote. An act to provide for the support of normal schools. Sec. 3915. [Boards of education in township districts; member- ship ; election and term.] The board of education of township school districts shall consist of five members elected at large at the same time and in the same manner as the township officers are elected, for the term of four years from the first Monday in January after their election [or] until their successors are elected and qualified. At the first town- ship election held after the passage of this act, there shall be a board of education elected in all township districts as provided for herein, two to serve for two years, and three to serve for four years, and at the township election held every second year thereafter, their success- ors shall be elected for the term of four years. Upon the organization of said boards, upon the succeeding first Monday in January after their election, the previously existing township boards of education shall be thereby abolished and the newly elected and organized boards shall be their successors in all respects. (Passed and approved April 25, 1904.) Sec. 3916. [Attached territory; voting in.] Electors residing in territory attached to a township school district for school purposes, shall be entitled to vote for school officers and on all school questions, at the regular voting place in the township to which such territory is attached, and should such township be divided into different voting precincts, it shall be the duty of the board of education of the town- ship district, to assign such attached territory to the adjoining pre- cinct or precincts; if territory is attached to more than one precinct, a map shall be prepared showing such assignment and said map shall be made a part of the records of the board of education, and electors shall be entitled to vote according to such assignment, but in case no assignment of territory is made, the electors shall vote in the OHIO SCHOOL LAWS. 31 Township School Districts. Ch. 4. precinct nearest to their residence. An elector residing in the town- ship, hut not in the township school district, shall not be entitled to vote in said township school district. (Passed and approved April 25, 1904.) Sec. 3917. Repealed April 25, 1904. Sec. 3918. Repealed April 25, 1904. Sec. 3919. Repealed 90 v. 76. Sec. 3920. [Organization; president; clerk; regular meetings.] Boards of education of township school districts shall organ- ize on the first Monday in January after the election of the board, by the election of one of their members president and the election of a clerk who may or may not be a member of the board, the president to be elected for one year and the clerk to be elected for a term not to exceed two years ; and they shall fix the time of holding regular meetings. (Passed and approved April 25, 1904.) Sec. 3921. [Sub-districts recognized.] The division of township school districts into sub-districts as they exist at the time of the passage of this act, shall continue and be recognized for the purpose of school attendance, but the board of education is authorized to increase or diminish the number or change the boundaries of the sub-districts at any regular meeting, a map designating such changes to be entered upon its records. (Passed and approved April 25, 1904.) Sec. 392 la. [Director of sub-districts; election; term; duties.] In all township districts the schools of which are not centralized or consolidated there shall be elected by ballot on the second Monday of April, 1905, and annually thereafter in each sub-district, by the quali- fied electors thereof, one competent person, having the qualifications of an elector therein to be styled director. In all cases of tie votes at an election for director the judges of election shall decide the election by lot ; and in other cases of failure to elect directors or in case of a refusal to serv'e, or in case where vacancies exist from any cause, the township board of education shall appoint a director for such sub-district. The director of each sub-district shall post written or printed notices in three or more conspicuous places in his sub- district at least six days prior to the election, designating the day and hour of opening, and the hour of closing the election. The election shall be held at the school house in the sub-district. The meeting shall be organized by appointing a chairman and secretary, who shall act as judges of the election under oath or affirmation, which oath or affirmation may be administered by the director of the sub-district, or any other person competent to administer such an oath or affirmation, and the. secretary shall keep a poll-book and tally-sheet, 32 OHIO SCHOOL LAWS. Ch. 4. Township School Districts. which shall be signed by the judges, and delivered within eight days to the clerk of the township board of education. .The qualified electors of the sub-district may hold other meetings at any time upon the call of the director or o any five electors. Five days' notice shall be given of such meetings by posting notices in five public places in the vicinity. The director of each sub-district shall preside at the school meetings of the district, record their proceedings, and shall act as the organ 'of communication between the inhabitants and the township board of education. He shall take charge of the school house and property be- longing thereto under the general order and direction of the town- ship board of education and preserve the same and when so ordered by the board shall make all temporary repairs of the school house, furniture and fixtures, and provide the necessary fuel for the school, reporting the cost thereof to the board of education for payment. The director of each sub-district shall take the enumeration of his sub- district and return the same to the clerk of the township board of edu- cation in the manner prescribed by law. (Passed and approved April 2$, 1904.) Sec. 3922. [Centralization by suspension of one or more sub- district schools.] The board of education of any township school district is authorized to suspend the schools in any or all sub-districts in the township district, but upon such suspension the board must provide for the conveyance of the pupils residing in such sub-district or sub-districts to a public school in said township district, or to a public school in another district, the cost of such conveyance to be paid out of the funds of the township school district; or the board may abolish all the sub-districts providing conveyance is furnished to one or more central schools, the expense of such conveyance to be paid out of the funds of the district. When transportation of pupils is provided for, the conveyance must pass within at least the distance of one-half of a mile from the respective residence of all pupils, ex- cept when such residences are situated more than one-half of a mile from the public road ; but boards of education shall not be required to provide transportation for pupils living less than one-half of a mile from the school house. (Passed and approved April 25, 1904.) Sec. 3923. [Joint sub-districts abolished.] Joint sub-districts are hereby abolished and the territory of such districts, situated in the township in which the school house of the joint sub-district is not located, shall be attached for school purposes to the township school district in which said school house is located, and shall consti- tute a part of said township school district, and the title of all school property located in said joint sub-district, is hereby vested in the board OHIO SCHOOL LAWS. 33 Township School Districts. Ch. 4. of education of the township to which the territory is attached. A map of such attached territory shall be prepared under the direction of the board of education of the township district to which such terri- tory is attached and shall be made a part of the records of said board and a copy of the same shall be filed with the auditor of the county in which said territory is situated, or if the territory be in two or more counties, said map shall be filed with the auditor of each county. (Passed and approved April 25, 1904.) Sec. 3924. Repealed April 25, 1904. Sec. 3925. Repealed April 25, 1904. Sec. 3926. Repealed April 25, 1904. Sec. 3927. Repealed April 25, 1904 Sec. 3927-1. Repealed April 25, 1904. Sec. 3927-2. [Centralization, submission of question to vote.] A township board of education may submit the question of centrali- zation, and upon the petition of not less than one-fourth of the qualified electors of such township district, must submit such question to a vote of the qualified electors of such township district, and if more votes are cast in favor of centralization than against it, at such election, it shall then become the duty of the board of education, and such board of education is required to proceed at once to the centralization of [thej schools of the township, and if necessary purchase a site or sites and erect a suitable building or buildings thereon; provided, that if, at the said election, more votes are cast against the proposition for centralization than for it, the question shall not again be submitted to the electors of said township district for a period of two years. When the schools of a township have been centralized, such centrali- zation shall not be discontinued within three years thereafter, and then only by petition and election as required herein and if at such election more votes are cast against centralization than for it, the division into sub-districts as they existed prior to centralization, shall be thereby re-established at the next regular election and sub-district directors shall be elected as provided in section 39210 of this act. (Passed aiMl approved April 25, 1904.) AN ACT. To provide aid for the support of normal schools. Be it enacted by the General Assembly of the State of Ohio : Sec. i. That the trustees of any township in the state of Ohio, in which a normal school is organized and conducted or may be 3 s. L. 34 OHIO SCHOOL LAWS. Ch. 4. Township School Districts. established hereafter, are authorized to levy annually a tax, not ex- ceeding two mills on the dollar upon all the taxable property of the township for the purpose of aiding in the support of such normal school. Sec. 2. Before the tax may be levied, the question of making a levy for the purpose named in section I, herein, shall be submitted to the qualified electors of the township, at a special or general election to be held in such township, due notice of which shall be given at least twenty days prior to the election, by publication in some news- paper of general circulation in the township; and provided a majority of the votes c"st at such election upon said question of tax levy is in favor of levying the tax, then the trustees of the township thereafter shall make the levy annually and report the same to the county auditor for collection as other taxes, and when collected, to be paid over to the duly qualified and acting treasurer of the board of trustees of such normal school. Sec. 3. At any time after four years from the date of an election held in accordance with the provisions of section 2 of this act, another election may be petitioned for and shall be ordered by the trustees of the township, provided the petition shall be signed by at least forty per cent, of the qualified electors of the township. (Passed and approved April 25, 1904.) OHIO SCHOOL LAWS. 35 Special School Districts. Ch. 5. CHAPTER V. SPECIAL SCHOOL DISTRICTS. SECTION. 3928. Formation of special school dis- trict, proceedings for. 3929. Further proceedings In probate court. 3930. Boards of education in special dis- tricts; membership; election and term. 3931. Elections, how conducted. 3932. Election in newly created special district. 3933. Organization of board of education; president; clerk; regular meet- ings. 3934. Transportation of pupils in special districts. 3935. Abandonment or continuance of special district, election for. 3936. Repealed. SECTION. 3937. Repealed. 3938. Repealed. 3939. Repealed. 3940. Repealed. 3941. Repealed. 3941a. Repealed. 3942. Repealed. 3943. Repealed. 3944. Repealed. 3945. Repealed. 3946. Repealed 3946o. Repealed. 3947. Repealed. 3948. Repealed. 3949. Repealed. 3950. Repealed. Sec. 3928. [Formation of special school district, proceedings for.] A special school district may be formed of any contiguous territory, not included within the limits of an incorporated city or village, which has a total tax valuation of not less than one hundred thousand dollars. To establish a special school district, a petition signed by not less than ten male citizens who are electors of the proposed special district shall be filed in the office of the probate judge of the county in which such special district is situated or if said district is situated in two or more counties, then with the probate judge of the county having the greatest total tax valuation in said proposed district ; said petition shall set forth the desires of the petitioners, shall contain a description of the territory to be included in the proposed special district, and shall be accompanied by a statement giving the total tax valuation of said territory certified to by the county auditor or auditors and also an accurate map of the territory to be included in said district, the same to be prepared to the satisfaction of the probate judge; said petition shall also be accompanied by an undertaking of one or more of the petitioners, with security to the satisfaction of the judge, in the sum of one hundred dollars, conditioned that the parties entering into the undertaking shall pay all the costs of the proceedings if a special school district is not created, and in such case the probate judge shall render judgment against the parties to the undertaking for all the costs of the proceedings. In case the petition is granted the costs shall be taxed against the special school district thereby authorized and shall be paid by the board of education of said special 36 OHIO SCHOOL LAWS. Ch. 5. Special School Districts. school district, thereafter elected, from any funds that may come into its possession. A remonstrance signed by one or more of the male citizens who are electors of the proposed district may be filed with the probate judge and shall be considered on the hearing of the petition. Nothing herein contained shall be so construed as to abolish any special school district now existing, but all such districts whether created under the provisions of a general or special act, including the territory now constituting such special district, shall, unless changed under the provisions of. this chapter, continue to be and remain and be recognized and regarded as legal special school districts, excepting, however, such special school districts which do now or may hereafter include within their boundaries an incorporated city or village, and in such cases such special district shall become a city or village school district with or without territory attached or detached, as the case may be. And all officers and members of boards of education of existing special school districts heretofore created, whether by special or general act, shall continue to hold and exercise their respective offices and the powers thereof, until their successors are elected and qualified as provided herein ; provided that all such officers of such districts created by special act shall hold such offices only until the first Monday of January following the first election for school officers to be held after the passage of this act, at which election their successors shall be elected. (Passed and ap- proved April 25, 1904.) Sec. 3929. [Further proceedings in probate court.] Upon the filing of a petition in the probate court for the establishment of a special school district, the judge thereof shall fix a time for the hearing of the same, which shall be within sixty days of the filing thereof; he shall thereupon cause to be published for four consecutive weeks, in two newspapers of opposite politics, printed and of gen- eral circulation in the county where the petition is filed, notice of the filing of such petition and the time of the hearing thereon ; such notices shall also be mailed to the clerk or clerks of the board or boards of education having territory in the proposed special school district. The probate judge is authorized to hear and determine the question of the establishment of such special school district, may subpoena and examine witnesses under oath, may change the boundaries of the proposed special school district, shall fix and determine the amount of money due and payable to said special district from the surplus money in the treasury or in process of collection in the district or districts from which it was formed, or in case of the indebtness of such district or districts, he shall determine the amount of money OHIO SCHOOL LAWS. 37 Special School Districts. Ch. 5. due and payable by the special school district to the district or districts from which it was formed, and in either case the amount so found due shall be [a] valid and binding obligation upon the board of education of such district or districts. The fees in cases involving the estab- lishment of special school districts shall be the same as in civil cases, and the jurisdiction of the probate court in such cases shall be ex- clusive. (Passed and approved April 25, 1904.) Sec. 3930. [Boards of education in special districts; member- ship; election and term.] The board of education of special school districts shall consist of five members elected at large at the same time and in the same manner as the township officers are elected, for the term of four years from the first Monday in January after their election or until their successors are elected and qualified. At the first township election held after the passage of this act, there shall be a board of education elected in" all special districts as pro- vided for herein, two to serve for two years, and three to serve for four years, and at the township election held every second year thereafter, their successors shall be elected for the term of four years. Upon the organization of said boards, upon the succeeding first Monday in January after their election the previously existing boards of education of special school districts shall be thereby abolished and the newly elected and organized boards shall be their successors in all respects. (Passed and approved April 25, 1904.) Sec. 3931. [Elections, how conducted.] Elections in special school districts shall be held by the regular election officers of the township in which such special districts are situated and if a special district is situated in two or more townships, the election shall be held by the election officers of the different townships for the electors residing in each township respectively. At least twenty days prior to the first election held under this act, it shall be the duty of the clerk of the board of education of each special school district to notify the deputy supervisors of elections of the county in which the district is situated, or if said district be in two or more counties, he shall notify the deputy supervisors of each county, of the names of the voting precincts having territory in such special school district, and the probable number of electors in each precinct, in order that said deputy supervisors shall be enabled to prepare ballots and election supplies and distribute the same to the proper precincts, and in each precinct there shall be separate ballots, ballot boxes, poll books and tally sheets for each school district having voters therein. (Passed and approved April 25, 1904.) Sec. 3932. [Election in newly created special district.] When 38 OHIO SCHOOL LAWS. Ch. 5. Special School Districts. a special school district is created, a mass meeting of the electors in such district shall be called by the posting of notices in five public places in the district setting forth the time and place of said meeting and signed by at least three electors of the district. The electors assembled at said meeting shall elect a chairman and secretary and fix the time for holding the first election for members of the board of education, the time so fixed shall not be within twenty-five days of the time of holding said mass meeting. The chairman and sec- retary of said meeting shall immediately post notices in five public places within the district, giving the date of the election and shall notify the deputy state supervisors of elections as provided in section 3931 of the Revised Statutes of Ohio. The board thus elected, shall organize on the second Monday after the election and the term of the members shall be as indicated in section 3930 of the Revised Statutes of Ohio, from the ftrst Monday in January after the last preceding annual election for members of boards of education, or until their successors are elected and qualified. (Passed and approved April 25, 1904.) Sec. 3933. [Organization of board of education ; president ; clerk ; regular meetings.] Boards of education of special school districts, shall organize on the first Monday in January after the election of the board, by the election of one of their members president and the election of a clerk who may or may not be a member of the board, the president to be elected for one year and the clerk to be elected for a term not to exceed two years ; and they shall fix the time of holding regular meetings. (Passed and approved April 25, 1904.) Sec. 3934. [Transportation of pupils in special districts. | Hoards of education of special school districts are authorized to provide for the conveyance of pupils of said districts to the school or schools of the districts, the expense of said conveyance to be paid from the school funds of the special school districts ; provided, however, that boards of education of such districts as provide transportation for the pupils thereof, shall not be required to transport pupils living less than one-half of a mile from the school house, transportation of such pupils being optional with the board of education. Provided, further, that when any pupils of said district reside at a greater dis- tance than one and one-half miles from the school house the board of education shall be required to provide for the conveyance of such pupils and the expense thereof to be paid from the school funds f said special school district. (Passed and approved April 25, 1904.) Sec. 3935. [ Abandonment or continuance of special district, elec- tion for.] When a petition is signed by not less than one-third of OHIO SCHOOL LAWS. 39 Special School Districts. Ch. 5. the electors residing within the territory constituting a special school district, whether created under the provisions of a general or special act, praying for the abandonment or continuance of such district, shall be presented to the board of education of said district, or when said board shall, by a majority vote of the full membership of the board, decide to submit the question of abandoning or continuing the special school district, it shall be the duty of the board to fix the time of holding said election at either a special or general etection and the clerk of the board shall notify the deputy state supervisors of elections, as provided in section 3931 of the Revised Statutes of Ohio, of the date of such election and the nature of the same and said supervisors of elections shall provide for the same. The clerk of the board of education shall also post notices of said election in five public places within the district. If said election be submitted at a special election in a district situated in two or more election pre- cincts, the election shall be held at the precinct nearest the school house in said special district, by the election officers of the precinct, and all the electors of said district shall vote at said precinct. If the district is situated in two or more counties, the deputy state super- visors of the county in which said nearest election precinct is situated, shall have charge of the election. If said question is submitted at a regular election, it shall be conducted in the same manner as the election of members of the board of education. The ballot shall be in the regular form, but without the circle at the top, and shall have printed thereon "Abandonment of Special School District, Yes ;" "Abandonment of Special School District, No;" or "Continuance of Special School District, Yes ;" "Continuance of Special School Dis- trict, No," as the case may be. The expense of said election shall be paid in the same manner as are other school election expenses, and returns of said elections shall be made to the board of education of the special school district and if more votes are cast for abandon- ment than against it, or against continuance than for it, said boards shall certify the result to the board or boards of education of the township or townships having territory in said special district and the territory of said special district shall thereby revert to the town- ship school district or districts from which it was originally taken, except as hereinafter provided for in the case of indebtedness of the special district. Otherwise said district shall continue to be and remain and be recognized and regarded as a legal special school district as theretofore constituted. The legal title of the property of the special school district shall in the event of abandonment or failure to continue become vested in the board or boards of edu- cation of the township or townships in which such property is sit- 40 OHIO SCHOOL LAWS. Ch. 5. Special School Districts. uated. And the school funds of said special district shall be paid into the treasury of the township district and. if said special dis- trict be in two or more townships, it shall be divided between them in proportion to the total tax valuation of property in the several districts, but the abandonment of a special school district shall not be deemed complete until the board of education of said district shall have provided for the payment of any indebtedness that may exist. (Passed and approved April 25, 1904.) Sec. 3936. Repealed April 25, 1904. Sec. 3937. Repealed April 25, 1904. Sec. 3938. Repealed April 25, 1904. Sec. 3939. Repealed April 25, 1904. Sec. 3940. Repealed April 25, 1904. Sec. 3941. Repealed April 25, 1904. Sec. 39410. Repealed 89 v. 96. Sec. 3942. Repealed April 25, 1904. Sec. 3943. Repealed April 25, 1904. Sec. 3944. Repealed April 25, 1904. Sec. 3945. Repealed April 25,1904. Sec. 3946. Repealed April 25, 1904. Sec. 39460. Repealed 94 v. 64. Sec. 3947. Repealed April 25, 1904 Sec. 3948. Repealed April 25, 1904. Sec. 3949. Repealed 90 v. 76. Sec. 3950. Repealed April 25, 1904. OHIO SCHOOL LAWS. 41 School Funds. Ch. 6. CHAPTER VI. SCHOOL FUNDS. SECTION. 3951. "The state common school fund" and "Ohio state university fund." 3951o. Ohio and Miami university fund; admission of pupils. 39516. Distribution of fund. 3952. Interest upon proceeds of salt and swamp lands. 3952-1. Proceeds of sale of swamp lands to go to common school funds ; how funded, and interest distributed. 3953. The "common school fund". 3954. Accounts of common school fund; how kept, etc. 3955. Bequests, etc., In trust for common school fund. 3956. Apportionment of school funds by auditor of state. 3957. To what county common school fund paid when county line di- vides original surveyed town- ship. 3958. Boards of education to make local tax levy. 3958a. Repealed. 3958-1. Repealed. 3958-2. Repealed. 3959. Maximum tax levy for school pur- poses; when greater tax may be levied. 3960. Rate of levy to be certified to coun- ty auditor. SECTION. 3961. Repealed. 3961o. Repealed. 3962. Repealed. 3963. Tax levy and funds of district In two or more counties. 3964. Apportionment of school fund by county auditor. 3965. Distribution of money after appor- tionment. 3966. Apportionment of school fund by county auditor when county line divides original surveyed town- ship. 3967. Certificate of apportionment by county auditor. 3968. Depositories for school funds, boards of education may provide. 3969. When a board of education fails to provide proper school facilities the county commissioners shall act. 3970. County auditor to collect fines, etc., and inspect section sixteen ac- counts. 3970-1. Sinking fund, board of commis- sioners of. 3970-2. How sinking fund invested. 3970-3. Refunding, renewing or extending bonded debt. 3970-4. Reports of sinking fund; how or- ders are drawn. Sec. 3951. ["The state common school fund" and "The Ohio State University fund."] For the purpose of affording the advantages of a free education to all the youth of the state, there shall be levied annually a tax on the grand list of the taxable property of the state, which shall be collected in the same manner as other state taxes and the proceeds -of which shall constitute "the state common school fund," and for the purpose of higher, agricultural and industrial education, including manual training, there shall be levied and col- lected in the same manner a tax on the grand list of taxable property of the state, which shall constitute "the Ohio state university fund." The rate for such levy in each case shall be designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the rate for any year the same shall be for "the state common school fund" ninety-five one-hundredths of one mill, each year for the years 1902 and 1903, and one mill each year thereafter; for the "Ohio state university fund," fifteen one-hun- dredths of one mill upon each dollar of valuation of such taxable 42 OHIO SCHOOL LAWS. Ch. 6. School Funds. property, each year for the years 1902 and 1903, and ten-hundredths of one mill each year thereafter. (95 v. 439; 94 v. 81 ; 92 v. 59; 88 v. 1 59; 7ov. 195, 126.) Sec. 39510. [Ohio and Miami university fund; admission of pupils.] For the purpose of affording adequate support to the Ohio university and to the Miami university there shall be levied annu- ally a tax on the grand list of taxable property of the state of Ohio, which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute the "Ohio and Miami university fund." The rate of such levy shall be designated by the general assembly at least once in two years, and if the general as- sembly shall fail to designate the rate for any year, the same shall be for the said "the Ohio and Miami university fund" three one- hundredths (.03) of one mill upon each dollar of valuation of such taxable property. Said Ohio university and Miami university shall admit free of tuition all residents of this state who shall conform to the standards of admission. (92 v. 41.) Sec. 39516. [Distribution of fund.] The said "Ohio and Miami university fund" shall be distributed and paid annually, seven-twelfths (7-12) thereof to the treasurer of the Ohio university upon the order of the president of the board of trustees of said Ohio university, and five- twelfths (5-12) thereof to the treasurer of the Miami university upon the order of the president of the board of trustees of the said Miami university. (92 v. 41.) Sec. 3952. [Interest upon proceeds of salt and swamp lands.] The state shall pay interest annually, at the rate of six per cent per annum, upon all money which has been paid into the state treasury on account of sales of lands commonly called "salt lands," and upon all money heretofore paid, or which may hereafter be paid into the state treasury on account of sales of swamp lands granted to the state of Ohio by act of congress ; the money received from such sales shall constitute an irreducible debt of the state; and the interest shall be apportioned annually on the same basis as the state common school fund is apportioned, and distributed to the several counties as provided in section thirty-nine hundred and fifty-six. (70 v. 195, I32; 49 v. 40, i;S f &C. 1338.) Sec. 3952-1. [Proceeds of sale of swamp lands to go to common school funds ; how funded, and interest distributed.] The net proceeds that may hereafter be paid into the state treasury, from the sales of swamp lands granted to the state of Ohio by act of Congress passed September 28, 1850, be and the same is hereby appropriated to the general fund for the support of common schools; and the state of OHIO SCHOOL LAWS. 43 School Funds. Ch. 6. Ohio is hereby pledged to pay the interest, annually, on any and all sums of money which may be paid into the state treasury, from the sales of said lands, from the receipt of such money into the treasury aforesaid ; and the interest arising as aforesaid shall be funded, annual- ly, until the first day of January, in the year eighteen hundred and fifty- five ; after which time the interest shall be annually distributed to the several counties in this state, in proportion to the number of male inhabitants above the age of twenty-one, as the law shall be ascer- tained for the apportionment of representatives ; and the proportion of interest due to each and every such county shall be distributed for the support of common schools, in the respective counties, in the man- ner prescribed in the "act to provide for the support and better reg- ulation of common schools". (1883, March 5; 80 v. 39; R. S. 1880; 49 v. 40; S. & C. 1338.) Sec. 3953. [The "common school fund."] The money which has been and may hereafter be paid into the state treasury on account of sales of lands granted by congress for the support of public schools in any original surveyed township, or other district of country, shall constitute the "common school fund, "of which the auditor of state shall be superintendent, and the income of which shall be applied exclusively to the support of common schools, in the manner desig- nated in this chapter. (70 v. 195, 127, 128; S. & C. 1335.) Sec. 3954. [Accounts of common school fund; how kept, etc.] The common school fund shall constitute an irreducible debt of the state, on which the state shall pay interest annually, at the rate of six per cent, per annum, to be computed for the calendar year, and the first computation on any payment of principal hereafter made to be from the time of payment to and including the thirty-first day of December next succeeding; and the auditor of state shall keep an account of the fund, and of the interest which accrues thereon, in a book or books to be provided for the purpose, with each origi- nal surveyed township and other district of country to which any part of the fund belongs, crediting each with its share of the fund, and showing the amount of interest thereon which accrues and the amount which is disbursed annually to each. (70 v. 195, 128, 129 ; S. & C. I335-) Sec. 3955. [Bequests, etc., in trust for common school fund. 1 When any grant or devise of land, or any donation or bequest of money or other personal property, is made to the state of Ohio, or to any person, or otherwise, in trust for the common school fund, the same shall become vested in said fund ; and when the money arising therefrom is paid into the state treasury, proper accounts thereof shall 44 OHIO SCHOOL LAWS. Ch. 6. School Funds. be kept by the auditor of state, and the interest accruing therefrom shall be applied according to the intent of the grantor, donor, or devisor. (70 v. 195, 131 ; S. & C. 1336.) Sec. 3956. [Apportionment of school funds by auditor of state.] The auditor of state shall apportion the state common school fund to the several counties of the state semi-annually, upon the basis of the enumeration of youth therein, as shown by the latest abstract of enumeration transmitted to him by the state commissioner of common schools ; before making his February settlement with county treasurers he shall apportion such amount thereof as he shall estimate to have been collected up to that time, and, in the settlement sheet which he transmits to the auditor of each county, shall certify the amount pay- able to the treasurer of his county ; before making his final settlement with county treasurers each year, he shall apportion the remainder of the whole fund collected, as nearly as the same can be ascertained, and in the August settlement sheet which he transmits to the auditor of each county shall certify the amount payable to the treasurer of his county ; in each February settlement sheet he shall also enter the amount of money payable to the county treasurer on the apportion- ment of interest specified in section thirty-nine hundred and fifty-two; he shall also enter in each February settlement sheet the amount of money payable to the county treasurer on account of interest for the pre- ceding year on the common school fund, and designate the source or sources from which the interest accrued ; he shall transmit with each February settlement sheet a certified statement, showing the amount of interest derived from the common school fund payable to each original surveyed township or other district of country within the county ; and the treasurer of each county shall, at each semi-annual settlement with the auditor of state, retain in the county treasury, from the state taxes collected by him, the amount of the funds he'ein mentioned shown by the settlement sheet of the auditor of state to be payable to him at that time ; but if such amount for any county exceeds the amount of state taxes collected therein, the auditor of state shall draw an order on the treasurer of state, in favor of the treasurer of such county, for the balance of school funds due his county, and transmit the same to such county treasurer, and the treasurer of state shall pay such order upon its presentation to him. (70 v. 195, 120, 130; S. & C. 1359.) Sec. 3957. [To what county common school fund paid when county line divides original surveyed township.] If parts of an original surveyed township or fractional township are situate in two or more counties, the amount of interest on common school fund due OHIO SCHOOL LAWS. 45 School Funds. Ch. 6. to such township shall be paid in the manner provided in the last section, to the treasurer of the county wherein the greatest relative portion of such township is situate ; but if it be uncertain in which county such portion is situate, the amount of interest due to such township shall be paid to the treasurer of the oldest county in which any part of the township is situate. (70 v. 195, 130.) ' Sec. 3958. [Boards of education to make local tax levy.] Each board of education shall, annually, at a regular or special meeting held between the third Monday in April and the first Monday in June, fix the rate of taxation necessary to be levied for all school purposes, after the state funds are exhausted; said levy shall be divided by the board of education into four funds, namely, first, Tuition Fund ; second, Building Fund ; third, Contingent Fund ; fourth, Bonds, Interest and Sinking Fund, and a separate levy shall be made for each fund; pro- vided, that in every city school district, said levies shall be submitted to the board of review of the city, which shall consider the same, and approve or reduce said levies, or any part thereof, and return the same to the board of education, and said levies shall then become valid and effective as so approved or reduced ; but if said board of review fail or neglect to act upon said levies within ten days after the receipt of the same from the board of education, then said levies shall become valid and effective without the action of said board of review. (Passed and approved April 25, 1904.) Sec. 39580. Repealed April 25, 1904. Sec. 3958-1. Repealed April 25, 1904. Sec. 3958-2. Repealed April 25, 1904. Sec. 3959. [Maximum tax levy for school purposes ; when greater tax may be levied.] The local tax levy for all school purposes shall not exceed twelve mills on the dollar of valuation of taxable property in any school district, but said levy shall not include any special levy for a specific^ purpose, provided for by a vote of the people. A greater tax than is authorized herein may be levied for any or all school pur- poses if the proposition to make such levy shall have been first sub- mitted, by the board of education, to a vote of the electors of the school district, under a resolution prescribing the time, place and nature of the proposition to be submitted, and approved by a majority of those voting on the proposition ; notice of said election must be given by publication of the resolution for three consecutive weeks prior thereto in some newspaper published and of general circulation in the district, or by posting copies thereof in five of the most conspicuous places in the district for a like period, if no such paper is published therein. (Passed and approved April 25, 1904.) 46 OHIO SCHOOL LAWS. Ch. 6. School Funds. Sec. 3960. [Rate of levy to be certified to county auditor.] The amount of the levy fixed by the board of education under sections thirty-nine hundred and fifty-eight and thirty-nine hundred and fifty- nine shall be certified to the county auditor in writing, on or before the first Monday in June of each year, who shall assess the entire amount upon all the taxable property of the district, and enter it upon the t;i\ duplicate of the county, and the county treasurer shall collect the same, at the same time and in the same manner as state and county taxes are collected, and pay it to the treasurer of the district upon the warrant of the county auditor ; and unless the county treasurer is paid a fixed salary he shall receive one per centum on all money so collected, and no more. (Passed and approved April 25, 1904.) Sec. 3961. Repealed April 25, 1904. Sec. 39610. Repealed April 25, 1904. Sec. 3962. Repealed April 25, 1904. Sec. 3963. [Tax levy and funds of district in two or more coun- ties.] When a school district is composed of territory in two or more counties the rate of taxation shall be ascertained by the board of edu- cation of such district and shall be certified to the auditors of the several counties and such county auditors shall place the same on the tax duplicate and the same shall be collected as provided in section thirty-nine hundred and sixty of the Revised Statutes of Ohio. The funds belonging to a district composed of territory in more than one county shall be paid by the treasurers of the other counties to the treasurer of the county having the greatest tax valuation in said district ; the auditors of the other counties shall make settlement on account of such funds with the auditor of the county having said greatest tax valuation ; and the treasurer of the district shall make the settlement required by section thirty-nine hundred and sixty-six of the Revised Statutes of Ohio, with such auditor. (Passed and approved April 25, 1904.) Sec. 3964. [Apportionment of school fund by county auditor.] Each county auditor shall, immediately after each annual settlement with the county treasurer, apportion the school funds for his county; the state common school fund shall be apportioned in proportion to the enumeration of youth in each of the several school districts within the county, but if an enumeration of the youth of any district has not been taken and returned for any year, such district shall not be entitled to receive any portion of said fund ; the local school tax collected from the several districts shall be paid to the districts from which it was collected ; money received from the state on account of interest on the common school fund shall be apportioned to the OHIO SCHOOL LAWS. 47 School Funds. Ch. 6. school districts and parts of school districts within the territory designated by the auditor of state as entitled thereto, in proportion to the enumeration of youth therein, and all other money in the county treasury for the support of the common schools, and not otherwise appropriated by law, shall be apportioned annually in the same manner as the state common school fund. (Passed and approved April 25, 1904.) Sec. 3965. [Distribution of money after apportionment.] The auditor shall immediately after such apportionment is made, enter the same in a book to be kept for that purpose, and furnish a certi- fied copy of the apportionment to each school treasurer and clerk of his county ; and he shall give to each of such treasurers an order on the county treasurer for the amount of money payable to him, and take his receipt therefor. (70 v. 195, 120.) Sec. 3966. [Apportionment of common school fund by county auditor when county line divides original surveyed township.] When an original surveyed township or fractional township is situate in two or more counties, and the land granted thereto by congress for the support of public schools has been sold, the auditor of the county, to whose treasurer the interest on the proceeds of such sale is paid, shall apportion such interest to the counties in which such township is situate, in proportion to the youth of the township enumerated in each ; such auditor shall certify to the auditor of each of the other counties the amount so ascertained to belong to the part of the township situate in his county, and transmit to the treasurer of each of such counties an order on the treasurer of his own county for such amount ; and the auditor of each county shall apportion the amount of such interest belonging to the part of the township in his county, to the dis- tricts or parts of districts entitled thereto, in proportion to the enumeration of youth therein, and certify and pay the same to the proper school officers, as provided in the preceding section. (70 v. 195, 121, 122; 72 v. 63, 36.) Sec. 3967. [ Certificate of apportionment by county auditor.] The certificate of apportionment furnished by the county auditor to the treasurer and clerk of each school district shall exhibit the amount of money received by each district from the state, the amount received from any special tax lev}*- made for a particular purpose as well as the amount received from local taxation of a general nature ; the amount received from the state common school fund and the common school fund shall be designated the "tuition fund" and shall be appropriated only for the payment of superintendents and teachers ; the funds receiv- ed from special levies shall be designated in accordance with the 48 OHIO SCHOOL LAWS. Ch. 6. School Funds. purpose for which the special levy was made and shall be paid out only for such purpose, but when a balance remains on [in] such fund after all expenses incident to the purpose for which it was raised shall have been paid, such balance shall become a part of the contingent fund and it shall be the duty of the board of education to make such trans- fer by resolution; the funds received from the local levy for general purposes shall be designated as indicated in section thirty-nine hun- dred and fifty-eight, so as to correspond to the particular purpose for which the levy was made; all moneys coming from sources not enumerated herein shall be placed in the contingent fund. (Passed and approved April 25, 1904.) Sec. 3968. [Depositories for school funds, boards of education may provide.] The board of education of any school district shall have authority to provide by resolution for the deposit of any or all moneys coming into the hands of the treasurer of the board. Pro- vided, however, that no bank shall receive a larger deposit than the amount of its paid-in capital stock, and in no event to exceed three hundred thousand dollars ($300,000.00). In school districts contain- ing two or more banks such deposit shall be made in the bank or banks, situated in the district, that shall offer at competitive bidding the highest rate of interest which in no case shall be less than two per cent, for the full time the funds or any part thereof are on deposit, and such bank or banks shall give a good and sufficient bond of some approved guaranty company in a sum at least equal to the amount deposited, and it shall be the duty of the treasurer of the school district to see that a greater sum than that contained in the bond is not deposited in such bank or banks and said treasurer and his bonds- men shall be liable for any loss occasioned by deposits in excess of such bond ; the board shall determine in such resolution the method by which such bids shall be received, the authority which shall re- ceive them, the time for which such deposits shall be made and all details for carrying into effect the authority herein given, but all such proceedings in connection with such competitive bidding and deposit of such moneys shall be conducted in such a manner as to insure full publicity and shall be open at all times to public inspection ; if in the opinion of a board of education there has been any collusion between the bidders, said board may reject any or all bids and may provide for the deposit of funds in a bank or banks without the dis- trict as hereinafter provided for in districts not having two or more banks located therein. In all school districts containing less than two banks the board of education may, after the adoption of a resolution providing for the deposit of its funds, enter into a contract with one or more banks that are conveniently located and offer the highest OHIO SCHOOL LAWS. 49 School Funds. Ch. 6. rate of interest, which shall in no case be less than two per cent, for the full time the funds or any part thereof are on deposit, and said bank or banks shall give good and sufficient bond of some approved guaranty company in a sum at least equal to the amount deposited and it shall be the duty of the treasurer of the school district to see that a greater sum than that contained in the bond is not deposited in such bank or banks, and said treasurer and his bondsmen shall be liable for any loss occasioned by deposits in excess of such bond ; said resolution and contract shall set forth fully all details necessary to carry into effect the authority herein given and all proceedings con- nected with the adoption of said resolution and the making of said contract shall be conducted in such a manner as to insure full pub- licity and shall be open at all times to public inspection. When a depository is provided as authorized herein and the funds are de- posited therein, the treasurer of the school district and his bondsmen shall be relieved of any liability occasioned by the failure of the bank or banks of deposit or by the failure of the guaranty company acting as surety for such bank or banks or by the failure of either of them, except as herein provided in .cases of excessive deposits. (Passed and approved April 25, 1904.) Sec. 3969. [When a board of education fails to provide proper school facilities the county commissioners shall act.] If the board of education in any district fail in any year to estimate and certify the levy for a contingent fund as required by this chapter, or if the amount so certified is deemed insufficient for school purposes, or if it fail to provide sufficient school privileges for all the youth of school age in the district or to provide for the continuance of any school in the district for at least seven months in the year, or to pro- vide for each school an equitable share of school advantages as re- quired by this title, or to provide suitable school houses for all the schools under its control, or to elect a superintendent or teachers, the commissioners of the county to which such district belongs, upon being advised and satisfied thereof, shall do and perform any or all of said duties and acts, in as full a manner as the board of education is by this title authorized to do and perform the same; and the members of a board who cause such failure shall be each severally liable, in a penalty not to exceed fifty nor less than twenty-five dollars, to be recovered in a civil action in the name of the state upon complaint of any elector of the district, which sum shall be collected by the prosecuting attorney of the county, and when collected shall be paid into the treasury of the county, for the benefit of the school or schools of the district. (Passed and approved April 25, 1904.) 4-S. L. 50 OHIO SCHOOL LAWS. Ch. 6. School Funds. Sec. 3970. [County auditor to collect fines, etc., and inspect sec- tion sixteen accounts.] The auditor of each county shall collect, or cause to be collected, all fines and other money, for the support of common schools in his county, and pay the same to the county treasurer; he shall inspect all accounts of interest accruing on ac- count of section sixteen or other school lands, whether the same is payable by the state or by the debtors; and he shall take all proper measures to secure to each school district in his county the full amount of school funds to which it is entitled. (70 v. 195, 120.) Sec. 3970-1. [Sinking fund; board of commissioners of.] In any school district having a bonded indebtedness, for the payment of which together with interest, no provision has been made by a special tax levy for that particular purpose, it shall be the duty of the board of education of such district and such board shall annually, on or before the 3ist day of August, set aside from its revenue a sum equal to not less than one-fortieth of said indebtedness together with a sum sufficient to pay the annual interest thereon. The board of education of every district shall provide a sinking fund for the extinguishment of all its' bonded indebtedness, which sinking fund shall be managed and controlled by a board of commissioners des- ignated as the "Board of Commissioners of the Sinking Fund of " (inserting the name of the district), which shall be com- posed of five electors thereof, and who shall be appointed by the court of common pleas of the county in which such district is rhiefly located, provided, that in city or village districts the board of com- missioners of the sinking fund of the city or village may be the board of commissioners of the sinking fund of the school district ; the com- missioners of the sinking fund shall serve without compensation and shall give such bond as the board of education may require and ap- prove, provided that any surety company authorized to sign such bonds may be accepted by such board of education as surety, and the cost thereof, together with all necessary expenses of the com- missioners of the sinking fund shall be paid by said commissioners out of the funds under their control. (Passed and approved April 25, 1904.) Sec. 3970-2. [How sinking fund invested.] The board of com- missioners of the sinking fund shall invest the sinking fund in bonds of the United States, of the State of Ohio, of any municipal corporation, county, township or school district within the state of Ohio or in bonds of its own issue. All interest received from such investments shall be deposited in the treasury to the credit of said sinking fund, and reinvested in a like manner; at no time shall there be OHIO SCHOOL LAWS. 51 School Funds. Ch. 6. over one thousand dollars kept on deposit if investment can be made without jeopardizing the prompt redemption of bonds falling due. For the extinguishment of any bonded indebtedness included in said sinking fund, the board of commissioners of the sinking fund is authorized to sell or use any of the securities or money in said fund. (Passed and approved April 25, 1904.) Sec. 3970-3. [Refunding, renewing or extending bonded debt.] The board of commissioners of the sinking fund may refund,' extend or renew the bonded debt of the school district or any part thereof, existing at the time of the taking effect of this act, by issuing the bonds of said school district for such periods, not exceeding twenty years, in such denomination, payable at such place and at a rate of interest not to exceed the rate previous to such refunding, exten- sion or renewal; provided that the aggregate amount of the refund- ing, extending or renewing bonds so issued shall not exceed that of the bonds so refunded, extended or renewed. (Passed and ap- proved April 25, 1904.) Sec. 3970-4. [Reports of sinking fund; how orders are drawn.] The clerk of the board of commissioners of the sinking fund shall make an annual report to the board of commissioners of the sink- ing fund, giving a detailed statement of the sinking fund, such re- port shall be filed at such time as the board shall designate and other reports may be required by the board when the same shall be deemed necessary. Orders on the sinking fund shall be drawn by the same authority and in the same manner as other orders for the payment of money from the school funds. (Passed and approved April 25, 1904.) 52 OHIO SCHOOL LAWS. Oh. 7. Provisions Applying to All Boards. CHAPTER VII. PROVISIONS APPLYING TO ALL BOARDS. SECTION. 3970-10. School elections; separate ballots and ballot boxes; returns and canvass of vote. 3970-11. Notice of elections. 3970-12. Women may vote and be voted for, for school officers. 3971. Corporate powers of board of edu- cation : sales of property exceed- ing three hundred dollars in value; exchange of real estate with municipal corporation. 3972. Title to property vested in boards of education; resolutions and or- ders to remain valid until changed; contracts, bonds and tax levies protected. 3973. School property exempt from tax- ation. 3974. Conveyances and contracts. 3975. Boards of education may accept bequests, gifts, or endowments; limitation on same. 3976. Process against boards, and how served. SECTION. 3977. Prosecuting attorney and city so licitor to act as legal adviser of boards of education. 3978. Special meetings, how called. 3979. Oath of members and other of- ficers. 3980. Repealed. 3981. Vacancies in board of education, how filled. 3982. Quorum; majority of all members required in certain cases; roll call; pay roll. 3983. Absence of president or clerk. 3984. Record of proceedings and attes- tation thereof. 3985. Boards to make rules; illegal meetings. 3986. Board may make and enforce rules for vaccination. 3986-1. Display of U. S. flag. Sec. 3. Terms of office of existing officers of boards of education (1904). Sec. 3970-10. [School elections; separate ballots and ballot-boxes; returns and canvass of vote.] The election of members of boards of education shall be governed and controlled by the gene'al election laws of the state. There shall be separate poll-books and tally-sheets used for all elections for school purposes, and the ballots of the electors at said elections shall be deposited in a separate ballot-box. In city school districts the ballots for each sub-district shall con- tain the names of the candidates for member of the board of edu- cation from such sub-district and also the names of the candidates to be elected at large. Returns of all school elections shall be made to the clerk of the board of education not less than five days after the election, and it shall be the duty of the board of education to canvass said returns at a meeting to be held on the second Monday after the election, and the result thereof shall be entered upon the records of the board ; in case of a tie vote, the same shall be decided by said board of education, by lot. (Passed and approved April 25, 1904.) Sec. 3970-11. [Notice of elections.] The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation in the district, or post written or printed notices of said elections in five public places in the district, at least ten days before the holding of the same, which notices shall specify OHIO SCHOOL LAWS. 53 Provisions Applying to All Boards. Ch. 7. the time and place of such election and the number of members of the board of education to be elected and the term for which they are to be elected, or the nature of the question to be voted upon. (Passed and approved April 25, 1904.) Sec. 3970-12. [Women may vote and be voted for, for school officers.] Every woman born in the United States, or who is a wife or daughter of a citizen of the United States, who is over twenty-one years of age and possesses the necessary qualifications in regard to residence, as is provided for men, shall be entitled to vote, and to be voted .for, for member of the board of education and upon no other question. The law relating to registration shall apply to women upon whom the right to vote is conferred, but the names of such women may be placed on a separate list. (Passed and approved April 25, 1904.) Sec. 3971. [Corporate powers of board of education; sales of property exceeding three hundred dollars in value ; exchange of real estate with municipal corporation.] The boards of education of all school districts now organized and established, and of all school dis- tricts organized under the provisions of this title, shall be and they are hereby declared to be bodies politic and corporate, and, as such, capable of suing and being sued, contracting and being contracted with, acquiring, holding, possessing, and disposing of property, both real and personal, and taking and holding in trust, for the use and benefit of such districts, any grant or devise of land, and any dona- tion or bequest of money or other personal property, and of exer- cising such other powers, and having such other privileges as are conferred by this title ; but when a board of education decides to dispose of any property, real or personal, held by it in its corpor- ate capacity, exceeding in value three hundred dollars, it shall sell the same at public auction, after giving at least thirty days' notice thereof, by publication in some newspaper of general circulation, or by posting notices in five of the most public places in the district in which such property is situate. Provided, that when such board has twice offered a tract of real estate for sale at public auction, as hereinbefore provided, and the same is not sold, the board may sell said real estate at private sale, either as an entire tract, or in parcels thereof, as the board may deem best, and the president and secretary of the board shall execute and deliver the deed or deeds necessary to complete such sale or sales. Provided, that upon a vote of a majority of the members of any board of education, and a concurring vote of the council of any municipal corporation, that an exchange of any real estate held by such board of education for school purposes, for real estate held by such municipal corporation 54 OHIO SCHOOL LAWS. Ch. 7. Provisions Applying to All Boards. for municipal purposes, will be mutually beneficial to such school district, and to such municipal corporation, such exchange may be made by conveyances, to be executed by the mayor and clerk of the municipal corporation, and by the president and clerk of such board of education. (1888, March 30; 85 v. 133; 80 v. 36; Rev. Stat. 1880; 70 v. 195, 37; S. & C. 1350.) Sec. 3972. [Title to property vested in boards of education; res- olutions and orders to remain valid until changed; contracts, bonds and tax levies protected.] All property, real or personal, which has heretofore vested in and is now held by any board of education for the use of public or common schools in any district, is hereby vested in the board of education provided for in this title, having under this title jurisdiction and control of the schools in such district; and all resolutions and orders passed by any board of education shall remain in full force and effect until duly altered or repealed, and nothing in this act contained shall be construed to in any way affect the validity of any contract made nor bonds or certificates of in- debtedness issued, by any board of education of any school district, whether created under the provisions of a general or a special act ; and all school funds, whether arising from taxation, sale of bonds, or otherwise, in the hands of or belonging to any board of education of any school district, whether created under the provisions of a general or a special act, and all taxes levied by any such board not collected, shall be transferred to the credit of the board of education elected, under the provisions of this act, to succeed the board having such funds to its credit or which made the levy for the uncollected taxes. (Passed and approved April 25, 1904.) Sec. 3973. [School property exempt from taxation.] All prop- erty, real or personal, vested in any board of education, shall be ex- empt from tax, and from sale on execution, or other writ or order in the nature of an execution. (70 v. 195 72.) Sec. 3974. [Conveyances and contracts.] All conveyances made by a board of education shall be executed by the president and clerk thereof; no member of a board shall have any pecuniary interest, either direct or indirect, in any contract of the board, or be employed in any manner for compensation by the board of which he is a member, except as clerk or treasurer; and no contract shall be bind- ing upon any board unless it be made or authorized to be made at a regular or special meeting of the board. (70 v. 195, 21, 38.) Sec. 3975. [Boards of education may accept bequests, gifts or endowments; limitation on same.] Any board of education may, by the adoption of a resolution, accept any bequest made to them OHIO SCHOOL LAWS. 55 Provisions Applying to All Boards. Gh. 7. by will or may accept any gift or endowment from any person or corporation, upon the conditions and stipulations contained in the will or connected with the gift or endowment; and for the purpose of enabling such boards to carry out the conditions and limitations upon which the bequest, gift or endowment is made, they are author- ized to make all rules and regulations that may be required to fully carry into effect the provisions of said bequest, gift or endowment; but no such bequest, gift or endowment shall be accepted by any board of education when the conditions of the same shall remove any portion of the public schools from under the control of said board. (Passed and approved April 25, 1904.) Sec. 3976. [Process against boards and how served.] The pro- cess in all suits against a board of education shall be by summons, and shall be served by leaving a copy thereof with the clerk or pres- ident of the board. (70 v. 195, 68.) Sec. 3977. [Prosecuting attorney and city solicitor to act as legal adviser of boards of education.] The prosecuting attorney shall be the legal adviser of all boards of education in the county in which he is serving, except in city school districts, he shall pros- ecute all actions against a member or officer of a board of education for malfeasance or misfeasance in office, he shall be the legal counsel of said boards or the officers thereof in all civil actions brought by or against them and shall conduct the same in his official capacity; provided, that when said civil action is between two or more boards of education in the same county said prosecuting attorney shall not be required to act for either of them. In city school districts the city solicitor shall be the legal adviser and attorney for the board of education and shall perform the same services for said board of education as is heiein required of prosecuting attorneys for other boards of education. The duties herein prescribed shall devolve upon any official serving in a capacity similar to that of prosecuting attorney or city solicitor for the territory wherein a school dis- trict is situated, regardless of his official designation. No pros- ecuting attorney, city solicitor or other official acting in a similar capacity shall be a member of the board of education. No compensa- tion in addition to such officers' regular salary shall be allowed for such services. (Passed and approved April 25, 1904.) Sec. 3978. [Special meetings, how called.] A special meeting of a board of education can be called by the president or clerk of the board or by any two members thereof, by serving a written notice of the time and place of such meeting upon each member of the board, either personally or at his residence or usual place of business, 66 OHIO SCHOOL LAWS. Ch 7. Provisions Applying to All Boards. said notice to be signed by the official or member calling the meeting. (Passed and approved April 25, 1904.) Sec. 3979. [Oath of members and other officers.] Each person elected or appointed a member of a board of education, or elected or appointed to any other office under this title, shall, before enter- ing upon the duties of his office, take an oath or affirmation to sup- port the constitution of the United States and the constitution of the state of Ohio, and that he will perform faithfully the duties of his office; which oath or affirmation may be administered by the clerk or any member of the board. (71 v. 15, 42.) Sec. 3980. Repealed April 25, 1904. Sec. 3981. [Vacancies in board of education, how filled.] Vacan- cies in any board of education arising from death, non-residence, resignation, removal from office, failure of person elected or appointed to qualify within ten days after the organization of the board or of his appointment, removal from the district, or from other cause, shall be filled by the board of education at its next regular or special meeting or as soon thereafter as possible for the unexpired term. A majority vote of all the remaining members of the board can fill any vacancy or vacancies that may exist in said board. (Passed and approved April 25, 1904.) Sec. 3982. [Quorum; majority of all members required in cer- tain cases; roll call; pay roll.] A majority of the board of education shall constitute a quorum for transaction of business ; upon a motion to adopt a resolution authorizing the purchase or sale of property, either real or personal, or to employ a superintendent, teacher, jan- itor, or other employe, or to elect or appoint an officer, or to pay any debt or claim, or to adopt any text book, the clerk of the board shall call, publicly, the roll of all the members composing the board, and enter on the record required to be kept the names of those voting "aye" and the names of those voting "no" ; if a majority of all the members of the board vote "aye," the president shall declare the motion car- ried ; and upon any motion or resolution any member of the board may demand the yeas and nays, and thereupon the clerk shall call the roll and record the names of those voting "aye" and those voting "no," provided, that boards of education may provide for the payment of superintendents, teachers and other employes by payroll if deemed advisable, but in all cases the roll call and record, provided for herein shall be complied with. (Passed and approved April 25, 1904.) Sec. 3983. [Absence of president or clerk.] If, at any meeting of the board, either the president or the clerk is absent, the members OHIO SCHOOL LAWS. 67 Provisions Applying to All Boards. Ch. 7. present shall choose one of their number to serve in his place pro tempore; and if both are absent, both places shall be so filled; but on the appearance of either at the meeting, after his place has been so filled, he shall immediately assume the duties of his office. (70 v. 195; 3I-) Sec. 3984. [Record of proceedings and attestation thereof.] The clerk of the board shall record the proceedings of each meeting, in a book to be provided by the board for that purpose, which shall be a public record ; the record of proceedings at each meeting of the board shall be read at its next meeting, corrected if necessary, and approved, and the approval shall be noted in the proceedings; and after such approval the president shall sign the record, and the clerk shall attest the same. (70 v. 195, 29; 71 v. 15, 42.) 860.3985. [Boards to make rules; illegal meetings.] The board of education of each district shall make such rules and regulations as it may deem necessary for its government and the government of its appointees and the pupils of the schools ; and no meeting of a board of education not provided for by its rules or by law shall be legal unless all the members thereof have been notified as provided for in section thirty-nine hundred and seventy-eight. (Passed and approved April 25, 1904.) Sec. 3986. [Board may make and enforce rules for vaccination.] The board of each district may make and enforce such rules and regulations to secure the vaccination of, and to prevent the spread of smallpox among the pupils attending or eligible to attend the schools of the district, as in its own opinion the safety and interest of the public require ; and the boards of health and councils of municipal corporations, and the trustees of townships, shall, on application of the board of education of the district, provide at the public ex- pense, without delay, the means of vaccination to such pupils as are not provided therewith by their parents or guardians. (69 v. 22, I.) Sec. 3986-1. [Display of U. S. flag.] All boards of education be authorized and required to display the U. S. national flag upon all school houses under their control, during all day school sessions in fair weather, and to be displayed on the inside of the school house on all other days, and said boards of education shall make all rules and necessary regulations for the care and keeping of such flags, the expense of the same to be paid out of the contingent funds of such boards. (92 v. 86.) Sec. 3. [Terms of office of existing officers of boards of educa- tion, 1904.] All existing officers of boards of education and school 58 OHIO SCHOOL LAWS. Ch. 7. Provisions Applying to All Boards. councils shall hold their respective offices until boards of education are elected and organized under the provisions of this act ; but no officer elected or appointed to fill a vacancy occurring in any such office shall be appointed to serve for a longer period than that end- ing on the 3lst day of August, 1905. (Passed and approved April 25, 1904.) OHIO SCHOOL LAWS. 59 School Houses and Libraries. Ch. 8. CHAPTER VIII. SCHOOL HOUSES AND LIBRARIES. SECTION. 3987. School houses. 3987-1. Regulating use of school houses. 3988. Directions for bidding and for letting contracts. 3989. Repealed. 3990. When boards may appropriate property. S991. Bond issue, vote on. 3992. Bond issue, when election favor- able. 3993. Tax levy for bonds to be certified to county auditor. 3994. Bond issue without vote; limita- tions. 3995. Repealed. 3996. Repealed. 3997. Repealed. 3998. Repealed. 3998-1. Boards of education authorized to provide for establishment, etc., of public library; taxation. 3998-2. Board of library trustees; how constituted; qualifications; term; vacancies; compensation; powers, etc. 3998-3. When library to be under control of such board. 3998-4. Library fund; how provided and maintained; payments from. 3998-5. Board of education may contract with library association for use of library. 3998-6. School library. 3998-7. Museum. 3998-8. Taking effect; existing law. 3998-9. City board of education may ac- quire private library; shall be made a public library; board of managers ; vacancies in board. 3998-10. Powers and duties of managers. 3998-11. Organization of board; librarian and assistants. 3998-12. Tax levy; expenditure of funds. 3999. In certain cities board may ap- point managers of library; board of trustees in Cincinnati; how appointed; terms; vacan- cies. 3999a. Residents of Hamilton county en- titled to use of city library. 3999fo. Powers of trustees in Cincinnati; employment of librarian and as- sistants. 399c. Tax for library purposes in Cin- cinnati. 3999c-l. Provisions relating to tax and ex- penditures for library purposes In Cincinnati. 3999d. Disposition of unexpended funds heretofore raised for library purposes in Cincinnati. 3999c. Who ineligible as members of library board. SECTION. 3999/. Carnegie donation; library trus- tees may accept. 39990. Bonds for sites, equipment, etc., of libraries. 3999/t. Power of trustees to lease or pur- chase sites, etc., contracts for branch libraries; title to prop- erty. 3999. Exemption from taxes, execution, etc. 3999/. Donations, bequests, etc. 3999*. Powers of trustees to control funds, contract for buildings, etc. 39991. Officers of trustees; depository of funds, etc. 4000. Cleveland public library board. M001. Powers and duties of library board. 4002. Library tax and how expended. 4002-1. Cleveland library board to hold title and control property. 4002-2. Can purchase, lease or condemn. 4002-3. Proceedings to condemn. 4002-4. Donations. 4002-5. Exempt from tax and execution. 4002-6. Oath. 4002-7. Organization. 4002-8. Annual report. 4002-9. No member of board to be inter- ested in contract, except; valid- ity of contract. 4002-10. Use of library and reading room. 4002-11. Bonds to pay for land and build- ings. 4002-12. Resolution to issue; sale of. 4002-13. Sinking fund. 4002-14. Trustees of such sinking fund. 4002-15. Their organization. 4002-16. Their duty to certify tax. 4002-17. Investments by. 4002-18. One-tenth of orfe mill may be ap- propriated in certain cities for maintaining public library; pro- viso. 4002-19. Establishment of Toledo public library; tax for library fund. 4002-20. Repealed. 4002-21. Board of trustees. 4002-22. Transfer of libraries to such board by the board of education. 4002-23. Organization of trustees; regula- tions; powers; deposit of library funds; warrants; power to pur- chase or condemn grounds; issue and sale of public library building bonds; payment of said bonds and interest ; title to grounds purchased ; librarians and assistants. 4002-24. Additional bonds authorized to be issued for certain purposes. 60 OHIO SCHOOL LAWS. Ch. 8. School Houses and Libraries. SECTION 4002-25. 4002-26. 4002-27. 4002-28. 4002-29. SECTION. 4002-42. Who may use library. 4002-43. Annual report. Donations. Tax to assist existing library as- sociation. 4002-46. Library associations In certain cities; levy. Disposition of tax. Association to render account; power to levy tax. 4002-49. Tax in lieu of other taxes ; purchase of school apparatus; levy. Consolidation o* libraries in 4002-44. 4002-45. 4002-47. 4002-48. 4003. Portsmouth authorized. Board of Portsmouth to appoint library committee. Powers and duties of such com- mittee. Powers and duties of library com- mittees in Portsmouth. Sections 1 and 2 of an act to transfer li- brary from municipality to school district. 4004. 4005. 4006. Purchase of site for library. Appropriation of private property. Additional building bonds. Said library to be free subject to reasonable rules. Annual report to city council. 4Uu2-30. Penalty for injuring library prop- erty. 4002-31. Power of trustees to accept de- vises, donations, etc. 4002-32. Dayton public library board; elec- tion of. 4002-33. Political composition of; terms; vote required to elect. 4002-34. Powers and duties. 4002-35. Expenses of library for ensuing year. 4002-36. Tax for library fund; custodian; disbursements and balance. 4002-37. Provisions governing board. 4002-38. Museum may be established. 4002-39. Certain cities and villages may have library; tax. 4002-40. Directors. 4002-41. Organization, by-laws, etc.; con- trol of expenditures; custody of building ; how money drawn from treasury; librarian and assist- ants. Sec. 3987. [School houses.] The board of education of any dis- trict is empowered to build, enlarge, repair and furnish the necessary school houses, purchase or lease sites therefor, or rights of way thereto, or rent suitable school-rooms, provide all the necessary ap- paratus and make all other necessary provisions for the schools under its control ; also, the boards shall provide fuel for schools, build and keep in good repair all fences inclosing such school houses, plant when deemed desirable shade and ornamental trees on the school grounds, and make all other provisions necessary for the con-' venience and prosperity of the schools within the sub-districts. (89 v - 955 83 v. 84; 82 v. 86; Rev. Stat. 1880; 70 v. 195, 55.) Sec. 3987-1. [Regulating use of school houses.] That when, in the judgment of any board of education, it will be for the advantage of the children residing in any school district to hold literary societies, school exhibitions, singing schools, religious exercises, select or nor- mal schools, the board of education shall authorize the opening of such school houses for the purposes aforesaid. And the board of education of any school district shall have discretionary power to authorize the opening of such school houses for any other lawful purposes ; pro- vided, however, that nothing herein contained shall be construed to authorize any board of education to rent or lease any school house when such rental or lease shall in any wise interfere with the public schools in such district, or for any purpose other than such as is authorized by this act. (91 v. 44; 89 v. 147 ; 87 y. 240; 86 v. n.) OHIO SCHOOL LAWS. 61 School Houses and Libraries. Ch. 8. Sec. 3988. [Directions for bidding, and for letting contracts.] When a board of education determines to build, repair, enlarge or furnish school house or school houses, or make any improvement or repair provided for in this chapter, the cost of which will exceed in city districts, fifteen hundred dollars, and in other districts five hundred dollars, except in cases of urgent necessity, or for the security and protection of school property, it shall proceed as follows : (1) The board shall advertise for bids, for the period of four weeks, in some newspaper of general circulation in the district, and two such newspapers, if there are so many ; and if no newspaper has a general circulation therein, then by posting such advertisement in three public places therein, which advertisement shall be entered in full by the clerk, on the record of the proceedings of the board. (2) The bids, duly sealed, shall be filed with the clerk by twelve o'clock, noon, of the last day stated in the advertisement. (3) The bids shall be opened at the next meeting of the board, be publicly read by the clerk, and entered in full on the records of the board. (4) Each bid shall contain the name of every person interested in the same, and shall be accompanied by a sufficient guarantee of some disinterested person, that if the bid be accepted, a contract will be entered into, and the performance of it properly secured. (5) When both labor and materials are embraced in the work bid for, each must be separately stated in the bid, with the price thereof. (6) None but the lowest responsible bid shall be accepted ; but the board may, in its discretion, reject all the bids, or accept any bid for both labor and material which is the lowest in the aggregate for such improvement or repair. (7) Any part of a bid which is lower than the same part of any other bid, shall be accepted, whether the residue of the bid is higher or not ; and if it is higher, such residue shall be rejected. (8) The contract shall be between the board of education and the bidders, and the board shall pay the contract price for the work, w r hen it is completed, in cash, and may pay monthly estimates as the work progresses. (9) When two or more bids are etjual, in the whole, or in any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided between the makers thereof. (10) When there is reason to believe that there is any col- lusion or combination among the bidders, or any number of them, the 62 OHIO SCHOOL LAWS, Ch. 8. School Houses and Libraries. bids of those concerned therein shall be rejected. (Passed and ap- proved April 25, 1904.) Sec 3989. Repealed April 25, 1904.. Sec. 3990. [When boards may appropriate property.] When it is necessary to procure or enlarge a school house site, and the board of education and the owner of the proposed site or addition are unable from any cause to agree upon the sale and purchase thereof, the board shall make an accurate plat and description of the parcel of land which it desires for such purpose, and file the same with the probate judge of the proper county; and thereupon the same proceedings of appropriation shall be had which are pro- vided for the appropriation of private property by municipal corpor- ations. (70 v. 195, 65.) Sec. 3991. [Bond issue, vote on.] When the board of educa- tion of any school district determines that it is necessary for the proper accommodation of the schools of such district to purchase a site or sites to erect a school house or houses, to complete a par- tially built school house, to enlarge, repair or furnish a school house, or to do any or all of said things, and that the funds at the disposal of said board or that can be raised under the provisions of section 3994 of the Revised Statutes of Ohio, are not sufficient to accomplish said purpose and that a bond issue is necessary, the board shall make an estimate of the probable amount of money re- quired for such purpose or purposes and at a general election or a special election called for that purpose, shall submit to the electors of the district the question of the issuing of bonds for the amount so esti- mated ; notices of the election required herein shall be given in the manner as provided in section thirty-nine hundred and seventy dash eleven. (Passed and approved April 25, 1904.) Sec. 3992. [Bond issue, when election favorable.] If a majority of the electors, voting on the proposition to issue bonds, shall vote in favor of said issue, the board shall be thereby authorized to issue bonds for the amount indicated by the vote provided for in section thirty-nine hundred and ninety-one, the issue and sale of said bonds to be provided for by a resolution fixing the amount of each bond, the length of time they shall run, the rate of interest they shall bear, and the time of sale which may be by competitive bidding at the discretion of the board ; the bonds shall bear a rate of interest not to exceed six per cent, per annum payable semi-annually, shall be made payable within at least forty years from the date thereof, be num- bered consecutively, made payable to the bearer, bear date of the day of sale and be signed by the president and clerk of the board OHIO SCHOOL LAWS. 63 School Houses and Libraries. Ch. 8. of education ; the clerk of the board shall keep a record of the number, date, amount, and the rate of interest of each bond sold, the amount received for the same, the name of the person to whom sold, and the time when payable, which record shall be open to the inspection of the public at all reasonable times ; and the bonds so issued shall in no case be sold for a less sum than their par value, nor bear interest until the purchase money for the same shall have been paid by the purchaser. (Passed and approved April 25, 1904.) Sec. 3993. [Tax levy for bonds to be certified to county auditor.] When an issue of bonds has been provided for under sections thirty- nine hundred and ninety-one and thirty-nine hundred and ninety-two the board of education shall certify annually, to the county audi- tor or auditors as the case may require, a w tax levy sufficient to pay said bonded indebtedness as the same shall fall due together with accrued interest thereon ; the county auditor or auditors shall place said levy on the tax duplicate and it shall be collected and paid to the board of education in the same manner as other taxes are collected and paid. The tax levy provided for herein shall be in addition to the tax levy provided for under section thirty-nine hun- dred and fifty-nine and shall be kept in a separate fund by the board of education and applied only to the payment of the bonds and interest for which it was levied. (Passed and approved April 25, 1904.) Sec. 3994. [Bond issue without vote; limitations.] The board of education of any school district may issue bonds to obtain or improve public school property, and in anticipation of income from taxes, for such purposes, levied or to be levied, may, from time to time, as occa- sion requires, issue and sell bonds, under the restrictions and bearing a rate of interest specified -in section thirty-nine hundred and ninety- tii'o and shall pay such bonds and the interest thereon when due, but shall provide that no greater amount of such bonds shall be issued in any year than would equal the aggregate of a tax at the rate of two mills, for the year next preceding such issue, but the order to issue bonds shall be made only at a regular meeting of the board and by a vote of two-thirds'of the full membership of the board, taken by yeas and nays and entered upon the journal of the board ; but in no case shall a board of education issue bonds under the provisions of this section in a greater amount than can be provided for and paid with the tax levy provided for under section thirty-nine hundred and fifty- nine of the Revised Statutes of Ohio, and paid within forty years after the bond issue on the basis of the tax valuation at the time of the bond issue. (Passed and approved April 25, 1904.) Sec. 3995. Repealed Aoril 25, 1904. 64 OHIO SCHOOL LAWS. Ch. 8. School Houses and Libraries. Sec. 3996. Repealed April 25, 1904. Sec. 3997. Repealed April 25, 1904. Sec. 3998. * Repealed April 25, 1904. (3998-1) Sec. i. [Boards of education authorized to provide for establishment, etc., of public library; taxation.] That the board of education of any city, village or special school district may by reso- lution, provide for the establishment, control and maintenance, in such school district, of a public library, free to all the inhabitants of such district, and for that purpose may acquire by purchase the neces- sary real property, and erect thereon a library building; it may acquire from any library association, by purchase or otherwise, its library and property; may receive donations and bequests of money -or property for such library purposes and may maintain and support libraries now in existence and controlled by the board of education ; and such board of education may annually make a levy upon the taxable property of such school district, in addition to all other taxes allowed by law, of not to exceed one mill for a library fund to be expended by such board of education, for the establishment, support and maintenance of such public library. (96 v. 8.) (3998-2) Sec. 2. [Board of library trustees; how constituted; qualifications; terms; vacancies; compensation; powers.] The board of education may provide for the management and control of such library by a board of trustees to be elected by said board of education as herein provided. Such board of library trustees shall consist of seven members, who shall be residents of the school district, and no one shall be eligible to membership on said library board who is or has been for a year previous to his election, a member or officer of the board of education. The term of office shall be seven years, except that at the first election the terms shall be such that one mem- ber shall retire each year. Should a vacancy occur in said board, it shall be filled by the board of education for the unexpired term. The members of said library board shall serve without compensation and until their successors are elected and qualified. Such library board in its own name shall hold the title to and have the custody, management and control of all libraries, branches, stations, reading rooms, and of all library property, real and personal, of such school district, and the expenditure of all moneys collected or received from any source for library purposes for such district. It shall have power to employ a librarian and assistants, but previous to such employ- ment the compensation of such librarian and assistants shall be fixed. Such library board shall have the power, by a two-thirds vote of its members, to purchase or lease grounds and buildings, and erect OHIO SCHOOL LAWS. 65 School Houses and Libraries. Ch. 8. buildings for library purposes. It may accept any gift, devise or bequest for the benefit of such library. No member of the library board shall be interested, directly or indirectly, in any contract made by the board. The library board shall report annually in writing to the board of education. (96 v. 8.) (3998-3 ) Sec. 3. [When library to be under control of such board.] Whenever in any city, village or special school district a library established or controlled by a board of education shall contain twenty-five thousand or more volumes, it shall be managed, governed and controlled by a board of trustees elected by the board of edu- cation as provided in section 2 of this act. (96 v. 9.) (3998-4) Sec. 4. [Library fund; how provided and maintain- ed; payments from.] Said board of library trustees shall annually, during the month of May, certify to the board of education the amount of money that will be needed for increasing, maintaining and operat- ing said library during the ensuing year in addition to the funds available therefor from other sources; and such board of education shall annually levy on each dollar of taxable property within said school district, in addition to other levies authorized by law, such assessment not exceeding one mill, as shall be necessary to realize the sum so certified, the same to be placed on the tax duplicate and collected as other taxes. The proceeds of the said tax shall constitute a fund to be known and designated as the library fund: Payments therefrom shall only be made upon the warrant of the board of trustees of the library, signed by the president and secretary thereof. (96 v. 9.) (3998-5 ) Sec. 5. [Board of education may contract with library association for use of library.) The board of education in any city, village or special school district shall have power to contract annually with any library corporation or other organization owning 1 and maintaining a library, for the use of such library by the residents of such district, and it shall have power to levy annually a tax not ex- ceeding one mill on the taxable property of such district to pay for the same; and such board of education shall require an annual re- port in writing from such library corporation or other organization. (96 v. 9.) (3998-6) Sec. 6. [School library.] The board of education of any school district of the state, in which there is not a public library operated under public authority and free to all the residents of such district, may appropriate annually not to exceed two hundred and fifty dollars annually from its contingent fund for the purchase of books, other than school books, for the use and improvement of the 6-8. L. 66 OHIO SCHOOL LAWS. Ch. 8. School Houses and Libraries. teachers and pupils of such school district. The books so purchased shall constitute a school library, the control and management of which shall be vested in the board of education, which board shall have power to receive donations and bequests of money or property for such library. (96 v. 9.) (3998-7) Sec. 7. [Museum.] The board of education of any school district, or any board of trustees managing and controlling a library in any school district, may found and maintain a museum in connection with and as an adjunct to such library, and for such purposes may receive bequests and donations of money or other property. (96 v. 9.) (3998-8) Sec. .8. [Taking effect; existing laws.] This act shall take effect and be in force on and after November 15, 1902, and all acts or parts of acts not inconsistent herewith under which exist- ing libraries are maintained, governed and controlled, shall be and remain in full force and effect. (96 v. 10.) (3998-9) Sec. i. [City board of education may acquire private library ; shall be made a public library ; board of managers ; vacancies in board.] That whenever in any city organized under chapter 4, division 2, of title 12, of the Revised Statutes of Ohio, there is a library owned by a private incorporated or unincorporated association which the owners, or managers thereof, are willing to dispose of and to trans- fer to the board of education of such city or school district within which said city is situate, the said board of education is hereby author- ized to acquire from said association by purchase, or otherwise, said library and the property used by said association for library purposes. Upon acquiring title to said library and property, the said board of education shall declare the same to be a public library and shall elect a board of managers therefor, consisting of six persons, two of whom, at the first election shall be elected for a period of three years, two for a period of two years, and two for a period of one year, and thereafter, upon the expiration of said terms, and all succeeding terms, said managers shall be elected for three years. And said board of education shall fill vacancies in said board of managers for unexpired terms in like manner, and said board of managers shall at all times be amenable to and under the control of said board of education as to tenure of office and authority and shall serve without compensation. The president of said board of education shall be ex-officio a member of said board of managers, but otherwise, no member of said board of education shall be a member of said library board. (95 v. 74.) (3998-10) Sec. 2. [Powers and duties of managers.] Said board of managers shall have the care, custody, control and manage- OHIO SCHOOL LAWS. 67 School Houses and Libraries. Ch. 8. ment of said library and property, under such rules and regulations as they shall prescribe and shall have the power to receive donations of land, money and other things of value, and to hold, dispose of, or use the same for the benefit of such library. The use of said library shall be free to all residents of said city and territory thereto attached for school purposes. Said board shall have the power to lease or rent suitable place for the use of said library and establish a reading room or rooms in connection therewith. (95 v. 74.) (3998-11.) Sec. 3. [Organization of board; librarian and assist- ants.] Said board of managers shall elect from their number a presi- dent, vice-president, and secretary, and shall appoint a librarian and such assistants and employes as may be necessary for the proper con- duct of said library. The term of office of said appointees shall be at the pleasure of the board, but shall not exceed three years. (95 v. 74-) (3998-12.) Sec. 4. [Tax levy; expenditure of funds.] For the purpose of paying for such library purchased and of maintaining and increasing said library and reading rooms, the said board of education may levy upon the general tax duplicate of the school district within which such city is situate, a tax not to exceed six-tenths of one mill on each dollar of valuation of the taxable property of said school dis- trict which shall be levied, assessed and collected as other taxes levied by said board and shall be in addition thereto. The proceeds of said tax when collected, shall constitute and be called the library fund, and shall be paid to the treasurer of the school district, who shall disburse same only upon warrant of said board of managers, signed by the presi- dent and secretary thereof. Said board of managers shall expend said fund in the purchase of books, pamphlets, papers, magazines, period- icals, journals, furniture, and such other property as may be necessary for such library and reading rooms and in the payment of all proper charges for maintenance including the compensation of the'librarian and other employes of said board. No part of said fund shall be transferred or used for any other purpose than as provided in this section. AH money heretofore appropriated, received, or collected by tax levied for public library purposes in said city, or school district, and remaining unexpended shall be transferred to said library fund, and be expended by said board of managers in accordance with the provisions of this act. (95 v. 74.) Sec. 3999. [In certain cities board may appoint managers of library.] In cities not having less than twenty thousand inhabi- ants, the board of education having custody of any public library therein, may, at any regular meeting, adopt a resolution providing 68 OHIO SCHOOL LAWS. Ch. 8. School Houses and Libraries. for a board of managers of such library, and shall thereupon elect by ballot, two persons to serve as members of such board for a term of three years, two persons to serve for a term of two years, and two persons to serve for a term of one year; and annually there- after two persons shall be elected to serve for a term of three years ; all vacancies in such board shall be filled by the board of education by ballot, and a person so elected shall serve during the unexpired term of his predecessor; the president of the board of education shall be a member of the board of managers, ex-officio; and the board of managers shall at all times be amenable to and under the control of the board of education, as to tenure of office and authority, and shall serve without compensation. [Board of trustees in Cincinnati; how appointed; terms.] Pro- vided, that in cities of the first grade of the first class upon the expiration of the terms of office of the trustees of the public library therein, heretofore appointed under this section, as amended April 30, 1891, there shall be appointed as successors to said board, a board of trustees of said library consisting of seven persons, as follows: Two by the board of education of the school district within which such city is situated, two by the board having charge of the high schools of such city, two by the directors of the univer- sity in such city, one of each of said appointees shall hold his office for two years, and one for three years; and one by the judges of the court of common pleas of the county within which such city is situated, who shall hold his office for a period of three years ; and thereafter said boards and said judges shall, upon the expiration of the terms of office of said appointees, and each three years thereafter, appoint successors to said trustees. The appointee aforesaid of the judges of the court of common pleas shall succeed in said board of trustees the president of the board of education, who theretofore was, by virtue of his said office, a member of said board of trustees, and thereafter the right of such president of said board of education aforesaid of membership in said board of, trustees of said library shall cease. [Vacancies.] All vacancies in said board of trustees of said library shall be filled by the respective bodies having the power of appointment. Provided, however, that nothing herein shall be con- strued ifi any wise to abridge the term of office or curtail the powers or duties of the trustees of the public library in cities of the first grade of the first class, appointed under this section as amended April 30, 1891, during the terms of office for which they were ap- pointed. (93 v. 192 ; 88 v. 446; 64 v. 100, I ; S. & S. 722.) OHIO SCHOOL LAWS. 69 School Houses and Libraries. Ch. 8. Sec. 39990. [Residents of Hamilton county entitled to use of city library.] Each and every resident of the county within which is situ- ated any city of the first grade of the first class, having therein es- tablished a public library, shall be entitled to the free use of such library, reading rooms and any branch or department of the same, and all the privileges thereof, upon such terms and conditions not inconsistent herewith, as the board of trustees of such library may prescribe. (94 v. 204; 93 v. 193.) Sec. 3999^. [Powers of trustees in Cincinnati.] The board of trustees of the public library in cities of the first grade of the first class shall have sole and exclusive charge, custody and control of the public library in such city, including all property, both real and personal, used and occupied by such library, whether acquired heretofore or hereafter, and shall have full power to make all rules and regulations necessary for the proper government, maintenance, care and management thereof, and to provide therefor. Said board of trustees shall have power over, and exclusive control of, the library fund hereinafter provided for, and of the expenditure of all moneys collected to the credit thereof. They shall have power and it shall be their duty to establish in said city and throughout the county within which is situated said library, reading rooms, branch libraries and library stations in connection with said library, and to lease and furnish said rooms, buildings or parts thereof as are required for such purposes, and to pay all necessary expenses connected there- with. They shall have power, and it shall be their duty to purchase and pay for all books, periodicals, magazines and other literature and supplies necessary, in their judgment, for said public library, reading rooms, branch libraries and library stations, and to incur the necessary expenditures for the encouragement and advancement of the" best use of such library, reading rooms, branch libraries and library stations by the public ; all such purchases, payments and ex- penditures to be made out of said library fund hereinafter pro- vided for. [Employment of librarian and assistants.] They shall have power, and it shall be their duty, to employ a librarian, assistant librarians, and other necessary assistants for such public library, reading rooms, branches and stations, to fix the compensation of persons so employed, and to pay the same out of said library fund. Said library board may fix the term of any such person employed by them for any period not to exceed one year. (93 v. 193.) Sec. 3999 employes, and may discharge the same. 104 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. He shall have the care and custody of all property of the school dis- trict, real and personal, except moneys. He shall oversee the con- struction of buildings, in the process of erection, and the repairs of the same. He shall advertise for bids and purchase all supplies and equipments authorized by the board. He shall report to the board monthly, and oftener if required, as to all matters under his super- vision, and report to the board a statement of its accounts, exhibiting the revenues, receipts, disbursements, assets and liabilities of the board, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed. He shall keep accurate account of taxes levied for school purposes, and all moneys due to, received and disbursed by the board; also, of all assets and liabilities and all appropriations made by the board, and shall receive and preserve all vouchers for payments and disbursements made to or by the board. He shall issue all warrants for the payment of money from the school fund, but no warrant shall be issued for the payment of any claim until such claim has been approved by the board, and the pay-roll for teachers, assistant teachers and supervisors shall be counter-signed by the superintendent of instruction. He shall attend all meetings of the board, and perform all of its executive functions not hereinbefore excepted in defining the duties of the director of schools. He shall devote such portion of his time to the duties of his office as may be required by the board of education at or before his election, and shall give a bond for the faithful discharge of his duties as director of schools, in such sum as the board may determine, his sureties to be approved by the board, which bond shall be deposited with the president of the board within ten days after his appointment. He shall receive such compensation, not exceeding $5,000 per annum, as may be fixed by the board before his election, which compensation shall not be changed during his term of office. The board of education may, at any time, by a two-thirds vote for cause, suspend or remove the director of schools, but such suspension or removal shall not be made unless the charges are preferred in writ- ing, and an opportunity afforded to bring all offered pertinent tes- timony in as a defense, which testimony shall be received and con- sidered by the board and made a part of the records. [Contract with employes; resignations; dismissals.] Upon the appointment of any person to any position under the control of the board of education, it shall be the duty of the clerk promptly to notify such person verbally or in writing of the appointment and the con- ditions thereof and request and secure from such person within a reasonable time to be determined by the board, his acceptance or re- jection of the appointment thus made, 'and an acceptance of such OHIO SCHOOL LAWS. 105 Schools and Attendance Enforced. Ch. 9. appointment within the time thus determined shall constitute a con- tract binding both parties thereto until such time as it may be dis- solved, shall expire, or the appointee be dismissed for cause. All resignations or requests for release from contract by teachers, super- intendents, or employes, shall be promptly considered by the board, but no resignation or release shall become effective except by consent of the board. Each board may dismiss any appointee or teacher for inefficiency, neglect of duty, immorality, or improper conduct; but no teacher shall be dismissed by any board unless the charges are first reduced to writing and an opportunity be given for defence before the board, or a committee thereof, and a majority of the full member- ship of the board vote upon roll call in favor of such dismissal. (Passed and approved April 25, 1904.) Sec. 40170. [Superintendents and teachers in city districts; ap- pointment and term of office; duties.] The board of education in each city school district shall appoint a suitable person to act as superintendent of the public schools of the district, for a term not long- er than five school years, the term to begin within four months of such appointment. Provided, that the present board of education shall not employ a superintendent for a term to exceed [extend] beyond the school year ending August 31, 1905. Said superintendent shall, upon his acceptance of the appointment, become thereby empowered to appoint, subject to the approval and confirmation of the board, all the teachers, and he may for cause suspend any person thus appointed until the board or a committee of the board may consider such suspension, but no one shall be dismissed by the board except as provided in section 4017 of the Revised Statutes of Ohio; provided that any city board of education may, upon a three-fourths vote of its full member- ship, re-employ any teacher whom the superintendent refuses to ap- point. Said superintendent shall visit the schools under his charge, direct and assist teachers in the performance of their duties, classify and control the promotion of pupils, and perform such other duties as the board may determine. He shall report to the board of educa- tion annually, and oftener if required, as to all matters under his supervision, and may be required by the board to attend any and all of its meetings and may take part in its deliberations but shall not vote. [Superintendent and teachers in other districts; appointment and term of office; duties.] The board of education of each village, town- ship and special school district may appoint a suitable person to act as superintendent, and to employ the teachers of the public schools of the district, for a term not longer than three school years, the term to begin within four months of the date of the appointment ; but noth- ing herein shall be construed as preventing two or more districts 106 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. uniting and appointing the same person as superintendent. Provided, that the present board of education shall not employ a superintend- ent or teacher for a term to extend beyond the school year ending August 31, 1905. The superintendent shall, upon his acceptance of the appointment, become thereby empowered to visit the schools under his charge, direct and assist teachers in the performance of their duties, classify and control the promotion of pupils, and perfprm such other duties as the board may determine. He shall report to the board of education annually, and oftener if required, as to all matters under his supervision, and may be required by the board to attend any and all of its meetings, and may take part in its deliberations, but shall not vote ; provided, however, that any board may permit or require the superintendent to devote a portion of his time to teaching, subject to the rules and regulations of said board. (Passed and approved April 25, 1904.) Sec. 4018. [Teachers, duties of; janitor work not required.] All teachers shall exercise reasonable care in regard to all school property, apparatus, and supplies intrusted to their keeping. They shall strive to guard the health and physical welfare of the pupils in their schools, give efficient instruction in the studies pursued, and endeavor to maintain and preserve good discipline over all the pupils under their charge. Provided, however, that no teacher shall be required by any board to do the janitor work of any school room or building, except as mutually agreed by special contract, and for compensation in addition to that received by him for his services as teacher. (Passed and approved April 25, 1904.) Sec. 4019. [Teachers dismissed for insufficient cause may insti- tute suit.] If the board of education of any district dismiss any teacher for any frivolous or insufficient reason, such teacher may bring suit against such district, and if, on the trial of the cause, a judgment be obtained against the district, the board thereof shall direct the clerk to issue an order upon the treasurer for the sum so found due to the person entitled thereto, to pay the same out of any money in his hands belonging to such district, and applicable to the payment of teachers ; and in such suits process may be served on the clerk of the district, and service upon his [him] shall be sufficient. (Passed and approved April 25, 1904.) Sec. 4020. Repealed, 88 v. 568, 10., (4020-1) Sec. i. (Superseded by sec. 4020-10 4020-14, but not repealed. Enacted, 88 v. 568.) (4020-2) Sec. 2. (Superseded by sec. 4020-10 4020-14, but not repealed.) OHIO SCHOOL LAWS. 107 Schools and Attendance Enforced. Ch. 9. (4020-3) Sec. 3. (Superseded by sec. 4020-10 4020-14, but not repealed.) (4020-4) Sec. 4. (Superseded by sec. 4020-10 4020-14, but not repealed.) (4020-5) Sec. 5. (Superseded by sec. 4020-10 4020-14, but not repealed.) (4020-6) Sec. 6. (Superseded by sec. 4020-10 4020-14, but not repealed.) (4020-7) Sec. 7. (Superseded by sec. 4020-10 4020-14, but not repealed.) (4020-8) Sec. 8. (Superseded by sec. 4020-10 4020-14, but not repealed.) (4020-9) Sec. 9. (Superseded by sec. 4020-10 4020-14, but not repealed. Enacted, 88 v. 568.) TEXT-BOOK LAW. (4020-10) Sec. i. [Filing and preservation of copies and prices of school books.] Any publisher or publishers of school books in the United States desiring to offer school books for use by pupils in the common schools of Ohio as hereinafter provided, shall, be- fore such books may be lawfully adopted and purchased by any school board in this state, file in the office of the state commissioner of common schools a copy of each book proposed to be so offered, together with the published list wholesale price thereof, and no re- vised edition of any such book shall be used in the common schools until a copy of such revised edition shall have been filed in the office of the said commissioner together with the published list whole- sale price thereof. The said commissioner shall carefully preserve in his office all such copies of books and the prices thereof so filed. (92 v. 282.) (4020-11) Sec. 2. [Maximum price; notification of publisher.] Whenever and so often as any book and the price thereof shall be so filed in the commissioner's office as provided in section I, a com- mission consisting of the governor, the secretary of state and the state commissioner of common schools shall immediately fix the maximum price at which such books may be sold to or pur- chased by boards of education as hereinafter provided, which max- imum price so fixed on any book shall not exceed seventy-five per cent, of the published list wholesale price thereof, and the state commissioner of common schools shall immediately notify the pub- 108 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. lisher of such books so filed, of the maximum price so fixed. If the publisher so notified, shall notify the commissioner in writing that he accepts the price so fixed, and shall agree in writing to furnish such book during a period of five years at the price so fixed, such written acceptance and agreement shall entitle said publisher to offer said book so filed for sale to said board of education for use by the pupil under the terms of this act. (92 v. 282.) (4020-12) Sec. 3. [Notices to boards; legality dependent on compliance.] The said commissioner shall during the first half of the month of June, 1896, and during the first half of the month of June in each year thereafter, furnish to each board of education the names and addresses of all publishers who shall have during the year ending on the first day of said month of June in each year, agreed in writing to furnish their publications upon the terms pro- vided in this act. And it shall not be lawful for any board of ed- ucation to adopt or cause to be used in the common schools any book whose publisher shall not have complied, as to said book, with the provisions of this act. (92 v. 282.) (4020-13) Sec. 4. [Procedure upon violation of agreement by publisher.] If any publisher who shall have agreed in writing to furnish books as provided in this act, shall fail or refuse to furnish such books adopted as herein provided to any board of education or its authorized agent upon the terms as herein provided, it shall be the duty of said board at once to notify the said commission of such failure or refusal, and the commission shall at once cause an investigation of such charge to be made, and if the same is found to be true the commission shall at once notify said publisher and each board of education in the state that said book shall not hereafter be adopted and purchased by boards of education ; and said pub- lisher shall forfeit and pay to the state of Ohio five hundred dol- lars for each failure, to be recovered in the name of the state, in an action to be brought by the attorney general, in the court of common pleas of Franklin county, or in any other proper court or in any other place where service can be made, and the amount, when collected, shall be paid into the state treasury to the credit of the common school fund of the state. (92 v. 282.) (4020-14) Sec. 5, [Studies, etc.; shipment of books, etc.; sale to pupils; purchase from pupils; free books.] Each board of education on receiving the statements, above mentioned, from said commis- sioner, shall on the third Monday in August thereafter meet, and at such meeting, or at an adjourned meeting within two weeks after said Monday, determine by a majority vote of all members elected OHIO SCHOOL LAWS. 309 Schools and Attendance Enforced. Ch. 9. the studies to be pursued and which of said text-books so filed shall be used in the schools under its control, but no text-books so adopted shall be changed, nor any part thereof altered or revised, nor shall any other text-book be substituted therefor for five years after the date of the selection and adoption thereof without the consent of three-fourths of all the members elected, given at a regular meet- ing; and each board of education shall cause it to be ascertained, and at regular meetings in April and August shall determine which, and the number of each of said books the schools under its charge shall require, until the next regular meetings in April and August, and shall cause an order to be drawn for the amount in favor of the clerk of the board of education, payable out of the contingent fund; and said clerk shall at once order said books so agreed upon by the board, of the publisher, and the publisher, on the receipt of such order, shall ship such books to said clerk without delay, and the clerk shall forthwith examine such books, and, if found right and' in accordance with said order, remit the amount to said publisher, and the board of education shall pay all charges for the transpor- tation of such books, out of the school contingent fund ; but if said boards of education can, at any time, secure of the publishers books at a price less than said maximum price, it shall be its duty so to do, and may without unnecessary delay, make effort to secure such lower price before adopting any particular text-book. Each board of ed- ucation shall have power to, and shall make all necessary provisions and arrangements to place the books so purchased within easy reach of and accessible to all the pupils in their district, and for that purpose may make such contracts, and take such security as they may deem necessary, for the custody, care and sale of such books and accounting for the proceeds ; but not to exceed ten per cent, of the cost price shall be paid therefor, and said books shall be sold to the pupils of school age in the district, at the price paid the publisher, and not to exceed ten per cent, therefor added, and the proceeds of such sale shall be paid into the contingent fund of such district, and whoever receives said books from the board of education for sale as aforesaid to the pupils, and fails to account honestly and fully for the same, or for the proceeds to the board of education when required, shall be guilty of embezzlement and punished ac- cordingly. Provided, however, boards of education may contract with local retail dealers to furnish said books at prices above spec- ified, the said board being still responsible to the publishers for all books purchased by the said board of education. And when pupils remove from any district, and have text-books of the kind adopted in such district, and not being of the kind adopted in the district to 110 OHIO SCHOOL LAWS. Cli. 9. Schools and Attendance Enforced. which they remove, and wish to dispose of the same, the board of the district from which they remove, when requested, shall purchase the same at the fair value thereof, and resell the same as other books ; and nothing in this act shall prevent the board of education from furnishing free books to pupils as provided by law. That for the purpose of carrying into effect; the foregoing provisions of this act, and paying the expenses incident thereto, there be and is hereby appropriated out of any money in the state treasury, to the credit of the general revenue fund, not otherwise appropriated, the sum of five hundred dollars, to be disbursed and paid on the allowance and order of said commissioner. (92 v. 282.) (4020-15) Sec. i. [Purchase of Howe's Historical Collections of Ohio for schools; payment.] The boards of education of city, village, township and special school districts in the state be and are hereby authorized to purchase for each school in either of said districts one copy of "Howe's Historical Collections of Ohio," to be used as a reference book in the study of the history of the state; provided that said book shall be in quality, style, binding and finish equal to the present published edition of said work, bound in half Russia leather, and shall cost not to exceed three dollars per vol- ume, for each set of three volumes; provided further, that the price of the books and cost of transportation shall be paid out of the contingent fund of such district. (89 v. 241.) (4020-16) Sec. 2. [Care and preservation of books.] Said books, during the vacations of schools, or when the schools are not in session, shall be taken care of in the same manner that maps, globes, diction- aries and other school apparatus are cared for and preserved. (89 v. 241.) (4020-17) Sec. i. [Physical training in city schools.] Physical training shall be included in the branches to be regularly taught in public schools in city school districts, and in all educational in- stitutions supported wholly or in part by money received from the state, and it shall be the duty of the boards of education of city school districts, and boards of such educational institutions to make provisions in the schools and institutions under their jurisdiction for teaching of physical training, and to adopt such methods as shall adapt the same to the capacity of the pupils in the various grades therein ; and other boards may make such provisions. The curric- ulum in all normal schools of this state shall contain a regular course on physical education. (Passed and approved April 25, 1904.) (4020-18) Sec. i. [Manual training departments, commercial departments and kindergartens authorized.] Any board of education OHIO SCHOOL LAWS. Ill Schools and Attendance Enforced. Ch. 9. may establish and maintain manual training and commercial de- partments and kindergartens in connection with the public school system and pay the expenses of establishing and maintaining said schools from the public school funds, in the same manner and from the same funds as other school expenses are paid. (Passed and approved April 25, 1904.) (4020-19) Sec. i. Repealed April 25, 1904. (4020-20) Sec. 2. Repealed April 25, 1904. (4020-21) Sec. i. Repealed April 25, 1904. (4020-22) Sec. 2. Repealed April 25, 1904.' (4020-23) Sec. i. [Instruction in the effects of alcholic drinks and other narcotics; made a regular branch of study.] The nature of alcoholic drinks and other narcotics, and their effects on the human system, in connection with the various divisions of physi- ology and hygiene, shall be included in the branches to be regularly taught in the common schools of the state, and in all educational institutions supported wholly, or in part, by money from the state ; and it shall be the. duty of boards of education, and boards of such educational institutions to make suitable provisions for this instruc- tion in the schools and institutions under their respective jurisdiction, giving definite time and place for this branch in the regular course of study; and to adopt such methods as will adapt the same to the capacity of pupils in the various grades ; and to corresponding classes as found in ungraded schools ; the same tests for promotion shall be required in this as in other branches. (94 v. 396; 85 v. 213.) (4020-24) Sec. 2. [Instruction required in teachers' institutes and teachers' training schools; teachers' certificate must contain; en- forcement of law.] In all teachers' institutes, also in all normal schools and teachers' training classes which shall hereafter be es- tablished by the state, adequate time and attention shall be given to instruction in the best methods of teaching this branch. No cer- tificate shall be granted to any person to teach in the common schools or in any educational institution supported as aforesaid who does not pass a satisfactory examination on this subject, and the best methods of teaching the same. It shall be the duty of the state com- missioner of common schools to see that the provisions in this section relating to county teachers' institutes, and schools and classes by whatever name hereafter established for training teachers, and the examination of teachers, are carried out ; and said commissioner shall, each year, make full report of the enforcement of said section in connection with his annual report. (94 v. 396; 85 v. 213.) 112 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. > (4020-25) Sec. 3. [Penalty for failure to enforce law; jurisdic- tion of courts.] Any school official, or any employe in any way concerned, in the enforcement of the act, who wilfully refuses or neglects to provide for, or to give the instruction required by this act, shall be fined, and shall pay for each offense the sum of twenty- five dollars. Mayors, justices of the peace and probate judges shall have concurrent jurisdiction with the common pleas court to try the offenses described in this act and all fines, or penalties, collected under this act shall be paid into the general county school fund of the county in which such fine or penalty was collected. (94 v. 396; 85 v. 213.) Sec. 4021. [German language taught, how.] Boards of ed- ucation are authorized to provide for the teaching of the German language in the elementary and high schools of the district over which they have control, but said language shall only be taught in addition to, and as auxiliary to, the English language; all the common branches in the public schools shall be taught in the English language. (Passed and approved April 25, 1904.) Sec. 4022. [Pupils may be sent from one district to another.] The board of any district may contract with the board of any other district for the admission of pupils into any school in such other district, on such terms as may be agreed upon by such boards; and the expense so incurred shall be paid out of the school funds of the district sending such pupils. (73 v. 243, 64.) Sec. 40220. [Attendance when pupils live over one and one- half miles from school; payment of tuition, how computed.] When pupils live more than one and one-half miles from the school to which they are assigned in the district in which they reside, they are entitled to attend a nearer school in the same district, or if there be no nearer school in said district, they may attend the nearest school in another school district, in all grades below the high school, and in such cases the board of education of the district in which they reside shall be compelled to pay the tuition of such pupils with- out an agreement to that effect, but a board of education shall not collect tuition for attendance as provided herein until after notice of such attendance shall have been given to the board of education of the district where the pupils reside, but nothing contained herein shall be construed to require the consent of the board of edu- cation of the district where the pupils reside, to such attendance ; said tuition shall be paid from either the tuition or the contin- gent funds and the amount per capita shall be ascertained by dividing the total expenses of conducting the elementary schools of Schools and Attendance Enforced. Ch. 9. the district attended, exclusive of permanent improvements and re- pairs, by the total enrollment in the elementary schools of the district, said amount to be computed by the month and an attend- ance any part of a month shall create a liability for the whole month. When the schools of a district are centralized or transportation of pupils provided, the provisions of this section shall not apply. (Passed and approved April 25, 1904.) COMPULSORY EDUCATION. Sec. 4022-1. [In what branches children must be taught; neces- sary time of attendance ; excuse ; appeal in case of refusal to excuse.] All parents, guardians and other persons who have care of children, shall instruct them, or cause them to' be instructed in reading, spell- ing, writing, English grammar, geography and arithmetic. Every parent, guardian or other person having charge of any child between the ages of eight and fourteen years shall send such child to a public, private or parochial school, for the full time that the school attended is in session, which shall in no case be for less than twenty-four weeks, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance by the superintendent of the public schools, in city or other districts having such superintendent, or by the clerk of the board of education in village, special and township districts not hav- ing such superintendent, on by the principal of the private or paro- chial school, upon satisfactory showing, either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified, in the opinion of the superintendent of schools in city or other districts having such superintendent, or the clerk of the board of education in special, village and township districts not having such superintendent, to teach the branches named in this section. In case such superintendent, principal or clerk refuse to excuse a child from attendance at school, an appeal may be taken from such de- cision to the probate judge of the county, upon the giving of a bond, within ten days after such refusal, to the approval of said judge, to pay all the cost of the appeal, and the decision of the probate judge in the matter shall be final. All children between the ages of fourteen and sixteen years, not engaged in some regular employ- ment, shall attend school for the full term the schools of the district in which they reside are in session during the school year, unless excused for [the] reasons above named. Any parent, guardian, or 8-S. L. 114 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. other person, having care of a child between the ages of eight and fourteen years, who shall, in violation of the provisions of this sec- tion, fail to place such child in school at the commencement of the annual school term within the time prescribed in this section, shall upon conviction, be fined not less than five dollars nor more than twenty dollars. And upon the failure or refusal of any such parent, guardian, or other person to pay said fine, then said parent, guardian, or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. (95 v. 615 ; 90 v. 285 ; 86 v. 333 ; 89v. 389587 v. 316, 143.) Sec. 4022-2. [Employment of children under sixteen years of age; penalty.] No child under sixteen years of age shall be em- ployed or be in the employment of any person, company or corpor- ation during the school term and while the public schools are in ses- sion, unless such child shall present to such person, company or cor- poration an age and schooling certificate herein provided for. An age and schooling certificate shall be approved only by the super- intendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of education in village, special and township districts not hav- ing such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enum- erated in section 4022-1 of the Revised Statutes of Ohio; or if be- tween the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly the English language. The age and schooling certificate shall be formulated by the state commis- sioner of common schools and the same furnished, in blank, by the clerk of the board of education. Every person, company or cor- poration employing any child under sixteen years of age, shall ex- act the age and schooling certificate prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon request of the truant officer herein provided for, permit him to ex- amine such age and schooling certificate. Any person, company or corporation, employing any minor contrary to the provisions of this section shall be fined, not less than twenty-five nor more than fifty dollars. (April 25, 1904; 95 v. 616; 90 v. 285 ; 86 v. 334, 2.) Sec. 4022-3. [Attendance of minors in certain cases; employ- ment of such minors ; penalty.] All minors over the age of fourteen and under the age of sixteen years, who cannot read and write the English language shall be required to attend school as provided in section 4022-1 of the Revised Statutes of Ohio and all the provisions of said section shall apply to said minors ; provided, that such attend- OHIO SCHOOL LAWS. 115 Schools and Attendance Enforced. Ch. 9. ance shall not be required of such minors after they have secured a certificate from the superintendent of schools, in districts having superintendents or the clerk of the board of education in districts not having superintendents, s that they can read and write the English language. No person, company or corporation shall employ any such minor during the time schools are in session, or having such minor in their employ shall immediately cease such employment, upon notice from the truant officer who is hereinafter provided for. Every person, company or corporation violating the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars. (95 v. 617; 90 v. 286; 86 v. 334; 3, 4; 87 v. 143.) Sec. 4022-4. [Juvenile disorderly persons.] Every child between the ages of eight and fourteen years, and every child between the ages of fourteen and sixteen years unable to read and write the Eng- lish language, or not engaged in some regular employment, who is an habitual truant from school, or who absents itself habitually from school, or who, while in attendance at any public, private or paro- chial school, is incorrigible, vicious or immoral in conduct, or who habitually wanders about the streets and public places during school hours having no business or lawful occupation, shall be deemed a juvenile disorderly person, and be subject to the provisions of this act. (95 v. 617 ; 90 v. 286; 86 v. 335, 5 ; 90 v. 57 ; 88 v. 136.) Sec. 4022-5. [Truant officers; powers and duties.] To aid in the enforcement of this act, truant officers shall be appointed and employed as follows: In city districts the board of education shall appoint and employ one or more truant officers; in special, village and township districts the board of education shall appoint a con- stable or other person as truant officer. The compensation of the truant officer shall be fixed and paid by the board appointing him. The truant officer shall be vested with police powers, the authority to serve warrants, and shall have authority to enter workshops, fac- tories, stores and all other places where children may be employed, and do whatever may be necessary, in the way of investigation or other- wise, to enforce this act; he is also authorized to take into custody the person of any youth between eight and fourteen years of age, or between fourteen and sixteen years of age when not regularly employed or when unable to read and write the English language, who is not attending school, and shall conduct said youth to the school he has been attending, or which he should rightfully attend. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation violating any provisions of this act, and shall otherwise discharge the duties described in this act, and 116 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. perform such other services as the superintendent of schools or the board of education may deem necessary to preserve the morals and secure the good conduct of school children, and to enforce this act. The truant officer shall keep a record of his transactions for the inspection and information of the superintendent of the schools and the board of education; and he shall make daily reports to the superintendent of schools during the school term in districts having superintendents, and to the clerk of the board of education in districts not having superintendents, as often as required by him. Suitable blanks for the use of the truant officer shall be provided by the clerk of the board of education. (95 v. 617; 90 v. 286; 86 v. 335, 6; 87 v. 325, 144.) Sec. 4022-6. [Report of principal and teachers.] It shall be the duty of all principals and teachers of all schools, public, private and parochial, to report to the clerk of the board of education of the city, special, village or township district in which the schools are situated, the names, ages and residences of all pupils in attendance at their schools, together with such other facts as said clerk may require in order to facilitate the carrying out of the provisions of this act, and the clerk shall furnish blanks for such purpose, and such report shall be made during the last week of each month from September to June inclusive of each year. It shall be the further duty of such principals and teachers to report to the truant officer, the superin- tendent of public schools, or the clerk of the board of education, all cases of truancy or incorrigibility in their respective schools as soon after these offenses have been committed as practicable. (95 v. 618; 90 v. 287.) Sec. 4022-7. [Proceedings in case of truancy; penalties.] On the request of the superintendent of schools or the board of education, or when it otherwise comes to his notice, the truant officer shall ex- amine into any case of truancy within his district, and warn the truant and his parents, guardian or other person in charge, in writing, of the final consequences of truancy if persisted in. When any child between the ages of eight and fourteen years, or any child between the ages of fourteen and sixteen years who cannot read and write the English language or who is not regularly employed, is not attending school, in violation of the provisions of this act, the truant officer shall notify the parent, guardian or other person in charge of such child, of the fact, and require such parent, guardian or other person in charge, to cause the child to attend some recognized school within two days from the date of the notice; and it shall be the duty of the parent, guardian or other person in charge of the child, so to cause its attend- OHIO SCHOOL LAWS. 117 Schools and Attendance Enforced. Ch. 9. ance at some recognized school. Upon failure to do so, the truant officer shall make complaint against the parent, guardian or other person in charge of the child, in any court of competent jurisdiction in the city, special, village or township district in which the offense occurs, for such failure, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor iMore than twenty dollars, or the court may in its discretion, require the person so convicted to give a bond in the penal sum of one hun- dred dollars, with sureties to the approval of the court, conditioned that he or she will cause the child under his or her charge to attend some recognized school within two days, thereafter and to remain at such school during the term prescribed by law ; and upon the failure or re- fusal of any such parent, guardian or other person to pay said fine and costs or furnish said bond according to the order of the court, then said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. (95 v. 618; 90 v, 287; 86 v. 336, 8, 9.) Sec. 4022-8. [Proceedings against juvenile disorderly persons.] If the parent, guardian or other person in charge of any child shall, upon the complaint under the last section for failure to cause the child to attend a recognized school prove inability to do so, then he or she shall be discharged, and thereupon the truant officer shall make complaint that the child is a juvenile disorderly person within the meaning of section 4022-4 of the Revised Statutes of Ohio. If such complaint be made before any mayor, justice of the peace, or police judge, it shall be certified by such magistrate to the probate judge. The probate judge shall hear such complaint, and if he determine that the child is a juvenile disorderly person within the meaning of section 4022-4 of the Revised Statutes of Ohio he shall commit the child if under ten years of age, and eligible for admission thereto, to a children's home, or if not eligible, then to a house of refuge if there be one in the county or to the boys' industrial school or the girls' indus- trial home, or to some other juvenile reformatory. No child over ten years of age shall be committed to a county children's home, and any child committed to a children's home, may on request of the trustees of such home and it being shown that it is vicious and incorrigible, be transferred by the probate judge to the boys' industrial school or the girls' industrial home. A child committed to any juvenile re- formatory under this section, shall not be detained there beyond the age of sixteen years and may be discharged sooner by the trustees under the restrictions applicable to other inmates. Any order of com- mitment to a juvenile reformatory may be suspended, in the discre- 118 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. tion of the probate judge, for such time as the child may regularly attend school and properly conduct itself. The expense incurred in the transportation of a child to a juvenile reformatory and the costs in the case in which the order of commitment is made, or the child dis- charged, or in which judgrfient is suspended, shall be paid by the county where the offense was committed, after the manner pro- vided in section 759 of the Revised Statutes of Ohio. Provided, fur- ther, that if for any cause the parent, guardian or other person in charge of any juvenile disorderly person as defined in section 4022-4 of the. Revised Statutes of Ohio shall fail to cause such juvenile dis- orderly person to attend a school, then complaint against such juvenile disorderly person shall be made, heard and determined in like manner as provided in case the parent proves inability to cause such juvenile disorderly person to attend school. (95 v. 619; 90 v. 288; 86 v. 337, 8; 87v. 325, 144.) Sec. 4022-9. [Relief to enable child to attend school required time.] When any truant officer is satisfied that any child, compelled to attend school by the provisions of this act, is unable to attend school because absolutely required to work, at home or elsewhere, in order to support itself or help support or care for others legally entitled to its services, who are unable to support or care for themselves, the truant officer shall report the case to the authorities charged with the relief of the poor, and it shall be the duty of said officers to afford such relief as will enable the child to attend school the time each year re- quired under this act. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. In case the child, or its parents or guardian, refuse or neglect to take advantage of the provisions thus made for its instruction, such child may be committed to a children's home or a juvenile reformatory, as provided for in section 4022-8 of the Revised Statutes of Ohio. In all cases where relief is necessary it shall be the duty of the board of education to furnish text books free of charge and said board may fur- nish any further relief it may deem necessary, the expenses incident to furnishing said books and the relief to be paid from the contingent funds of the school district. (95 v. 620; 90 v. 289; 86 v. 337, 8.) Sec. 4022-10. [As to institution of deaf and dumb or institution for blind.] The provisions of this act shall apply to children entitled under existing statutes, to attend school at the institution for the deaf and dumb or the institution for the blind, so far as the same are prop- erly enforcible. Truant officers shall, within sixty days after the passage of this act, and annually between the first day of July and the first day of August, report to the probate judge of their respective OHIO SCHOOL LAWS. 119 Schools and Attendance Enforced. Ch. 9. counties the names, ages and residence of all such children between the ages of eight and eighteen years, with the names and postoffice ad- dress of their parents, guardians or the persons in charge of them ; also a statement whether the parents, guardians or person in charge of each child is able to educate and is educating the child, or whether the interests of the child will be promoted by sending it to one of the state institutions mentioned. Upon information thus or otherwise ob- tained, the probate judge may fix a time when he will hear the question whether any such child shall be required to be sent for instruction to one of the state institutions mentioned, and he shall thereupon issue a warrant to the proper truant officer or some other suitable person, to bring the child before such judge at his office at the time fixed for the hearing ; and shall also issue an order on the parents, guardian or per- son in charge of the child to appear before him at such hearing, a copy of which order, in writing, shall be served personally on the proper person by the truant officer or other person ordered to bring the child, before the judge. If, on the hearing, the probate judge is satisfied that the child is not being properly educated at home, and will be bene'fited by attendance at one of the state institutions men- tioned, and is a suitable person to receive instruction therein, he may send or commit such child to such institution. The cost of such hear- ing, and the transportation of the child to such institution shall be paid by the county after the manner provided, where a child is com- mitted to a state reformatory under section 4022-8 of the Revised Statutes of Ohio; provided nothing in this section contained shall be construed to require the trustees of either of the state institutions mentioned, to receive any child not a suitable subject to be received and instructed therein, under the laws, rules and regulations governing such institutions. (95 v. 620 ; 90 v. 289 ; 86 v. 337, 8.) Sec. 4022-11. [Penalties ; jurisdiction ; violations by corporations ; disposition of fines collected; employment of attorney; compensation.] Any officer, principal, teacher or other person mentioned in this act, neglecting to perform any duty imposed upon him by this act, shall be fined not less than twenty-five dollars nor more than fifty dollars for each offense. Any officer or agent of any corporation violating any provision of this act, who participates or acquiesces in or is cog- nizant of such violation, shall be fined not less than twenty-five dol- lars nor more than fifty dollars. Any person who violates any pro- vision of this act for which a penalty is not elsewhere in this act provided, shall be fined not more than fifty dollars. Mayors, jus- tices of the peace, police judges, and probate judges shall have jur- isdiction to try the offenses described in this act, and their judgment 120 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. shall be final. When complaint is made, information filed, or indict- ment found against any corporation for violating this act, summons shall be served, appearance made, or plea entered, as provided in section 7231, Revised Statutes of Ohio, except that in complaints be- fore magistrates, service shall be made by the constable. In all other cases process shall be served and proceedings had, as in cases of misdemeanor. In every case of complaint against a child involv- ing commitment to any children's home or juvenile reformatory, the board of county visitors shall be notified and must attend and protect the interest of the child on the hearing, as provided in section 633-18 of the Revised Statutes of Ohio; and the order of commitment of the child to a state reformatory must show that the county visitors were so notified and attended the hearing. All fines collected under the provisions of this act shall be paid into the funds of the school district in which the offense was committed. Boards of education are authorized to employ legal counsel to prosecute any case aris- ing under the provisions of this act when it shall deem the same necessary, and the services of such counsel shall be paid for from the contingent fund of the district. (95 v. 621; 90 v. 290; 86 v. 338, ii, 12, 13; 87 v. 326, 145.) Sec. 4022-12. [Repeated violations.] Every person who, after being once convicted for violating any of the provisions of this act, shall be convicted of again violating any of the provisions of this act, may, in addition to the punishment by way of a fine elsewhere provided for, be imprisoned not less than ten days nor more than thirty days. On complaint, before a mayor, justice of the peace, or police judge of a second violation of this act involving punishment by imprisonment, if a trial by jury be not waived, a jury shall be chosen and the case tried, after the manner provided in section 37180, of the Revised Statutes of Ohio. (95 v. 622 ; 90 v. 290.) Sec. 4022-13. [Sufficient school accommodations to be provided.] It is hereby made the duty of every board of education in this state, to provide sufficient accommodations in the public schools for all child- ren in their district compelled to attend the public schools under the provisions of this act. Authority to levy the tax and raise the money necessary for such purpose, is hereby given the proper officers charged with such duty under the law. (95 v. 622; 90 v. 291.) Sec. 4022-14. [Costs in prosecution under this act.] No person or officer instituting pro eedings under this act shall be required to advance, or give security for costs ; and if a defendant is acquitted or discharged, or if convicted and committed to jail in default of payment of fine and costs, the justice, mayor, police judge or probate OHIO SCHOOL LAWS. 121 Schools and Attendance Enforced. Ch. 9. judge, before whom such case was brought shall certify such costs to the county auditor, who shall examine and, if necessary, correct the account, and issue his warrant to the county treasurer in favor of the respective persons to whom such costs are due for the amount due to each. (95 v. 622 ; 90 v. 291.) Sec. 4023. Repealed April 15, 1889. Sec. 4024. Repealed April 15, 1889. Sec. 4025. Repealed May 12, 1902. Sec. 4026. [Free school books.] That each board of education may furnish the necessary school books free of charge, to enable the parent or guardian, without expense therefor, to comply with the re- quirements of this chapter, the same to be paid for out of the contin- gent fund at the disposal of the board ; and such levy each year, in addi- tion if necessary to that otherwise authorized by law, is hereby au- thorized, as shall be necessary to furnish such school books free of charge to all the pupils attending the public schools ; but such pupils as are already wholly or in part supplied with necessary school books shall be supplied free of charge only as other or new books are needed ; and all school books furnished as herein provided, shall be considered and be the property of the district and loaned to the pupils on such terms and conditions as such board may prescribe. (91 v. 260; 87 v. 317; 74 v. 57> 40 Sec. 4027. Repealed May 12, 1902. Sec. 4028. ^Repealed April 15, 1889. Sec. 4029. Repealed May 12, 1902. Sec. 4029-1. [Examination for entering high school.] Each board of county school examiners shall hold examinations of pupils of township, special and joint sub-districts in the subjects of orthog- raphy, reading, writing, arithmetic, English grammar and composi- tion, geography, history of the United States including civil govern- ment, and physiology. [Number of examinations; when and where.] Two such exam- inations shall be held annually, one on the third Saturday in April, and one on the second Saturday in May, at such place or places as the county board of examiners may designate. [Preparation of questions.] The questions for all such examin- ations, throughout the state.-shall be uniform and be prepared under the direction of the state commissioner of common schools, and sam- ple lists shall be mailed, under seal, to the clerks of the said boards of examiners not less than ten days before each examination. Upon 122 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. receipt of said lists, the said boards are authorized and required to have a sufficient number of copies of the same printed for use at the examination. Only such applicants as receive an average grade of seventy per cent., with no grade less than fifty per cent, in any branch shall be passed. [Township commencement.] It shall be the duty of the town- ship boards of education upon written notice, filed by a success- ful applicant, with the clerk of the board of education, to provide lor holding a township commencement not later than the month of June, at some place within the civil township, and to appoint some suitable person to have charge of the same. At this commencement each successful applicant residing in the township school distict or any special or joint sub-district having its schoolhouse located with- in the civil township of which the township district forms a part, shall be required to deliver an oration or declamation, or read an essay ; thereupon said board of education shall issue a certificate to each successful applicant, stating that said applicant has taken part in said commencement. [County commencement; diploma.] The board of county school examiners shall provide for the holding of a county commencement not later than August fifteenth, at such place as it may determine. At this commencement there shall be delivered an annual address, at the conclusion of which a diploma shall be presented to each successful applicant who has complied with the provisions of this act; said diploma shall entitle the holder thereof to enter any high school in the state. (89 v. 123, i, 2; 91 v. 67; 92 v. 198; 94 v. 175, 4029-1 ; 95 v. 71, 95 v. 218.) Sec. 4029-2. [Compensation of examiners and contingent ex- penses.] The compensation of county examiners shall be the same as that fixed in section 4075 of the Revised Statutes of Ohio for the examination of teachers, and each member of the said board of ex- aminers shall be allowed the minimum fee provided for holding ex- aminations for teachers as remuneration for his services incident to the county commencement, and such compensation and the necessary expenses incident to the examination and county commencement shall be paid out of -the county treasury as provided in said section 4075 ; no other compensation shall be allowed county examiners lor holding the county commencement. The expenses incident to the town- ship commencement shall be paid by the township board of education from the contingent fund of the township district, and when the pupils of special districts take part in such commencements the boards of education of such districts shall pay, from their contingent OHIO SCHOOL LAWS. 123 Schools and Attendance Enforced. Ch. 9. funds, to the township board of education their share of such ex- penses, such share to be based on the proportion of pupils, from each district, taking part in such commencements ; a proportional share for pupils from joint sub-districts, taking part in such commencements, shall be paid from the contingent fund of said joint sub-districts. (89 v. 123, 4591 v. 67; 92 v. 198595 v. 72; 4029-2595 v. 218.) Sec. 4029-3. [Tuition.] The tuition of pupils holding diplomas and residing in township, special, or joint sub-districts, in which no high school is maintained, shall be paid by the board of education of the district in which they have legal school residence, such tuition to be computed by the month and an attendance any part of the month shall create a liability for the entire month ; but a board of education maintaining a high school shall charge no more tuition than it charges for other nonresident pupils, and no board of educa- tion shall be required to pay the tuition of any pupil for more than four school years ; provided the board of education shall be required to pay the tuition of all successful applicants, who have complied with the provisions of this act, residing more than three miles from the high school provided by said board, when said applicants attend a nearer high school. The tuition of pupils residing in joint sub-districts shall be paid by the boards of education, having control of such dis- tricts, from the contingent funds of said districts. A board of ed- ucation not maintaining a high school may enter into an agreement with one or more boards of education maintaining such school for the schooling of all its high school pupils and when such agreement is entered into the board making the same shall be exempt from the payment of tuition at other high schools ; provided the school or schools selected are located in the same civil township, or some ad- joining township, as that of the board making the agreement. Where no such agreement is entered into the school to be attended can be selected by the pupil holding a diploma; provided, due notice in writing, is given to the clerk of the board of education of the name of the school to be attended and the date the attendance is to begin, said notice to be filed not less than five days previous to said be- ginning of attendance. Said tuition can be paid from either the tuition or contingent funds, and in case the board of education deems it necessary it may levy a tax of not to exceed twO mills on each dollar of taxable property in the district or joint sub-district in ex- cess of that allowed by section 3959 of the Revised Statutes of Ohio ; the proceeds of said levy shall be kept in a separate fund and ap- plied only to the payment of such tuition. (89 v. 123, 3; 95 v. 72; 4029-3595 v. 218.) 124 OHIO SCHOOL LAWS. Ch. 9. Schools and Attendance Enforced. Sec. 4029-4. [What shall constitute a high school.] No board of education shall be entitled to collect tuition under this act unless said board shall be maintaining a regularly organized high school with a course of study extending over not less than two years and consisting mainly of branches higher than those in which the pupil is examined. Should the question arise as to the standing or grade of any particular high school, the state commissioner of common schools is hereby authorized to determine the grade of such school and his finding in the case shall be final. (95 v. 73, 4029-4; 95 v. 218.) OHIO SCHOOL LAWS. 125 Enumeration, Treasurer and Clerk. Ch. 10. CHAPTER X. ENUMERATION, TREASURER AND CLERK. SECTION. 4030. Yearly enumeration of school youth. 4031. Appointment of enumerators; oath and duties. 4032. Enumeration in districts In two or more counties. 4033. Repealed. 4034. Repealed. 4035. Clerk to transmit abstract of enumeration to county auditor. 4036. When clerk fails, auditor to act. 4037. When county line divides original surveyed township. 4038. When enumeration not taken, dis- trict not entitled to school funds. 4039. Auditor to furnish abstract to state commissioner. 4040. Duty of state commissioner when enumeration excessive. 404L Penalty for making fraudulent re- turns. 4042. Treasurer of school funds. 4043. Bond of treasurer; additional sureties or new bond. SECTION. 4044. Annual settlement by treasurer with county auditor. 4045. Penalty for failure to make such settlement. 4046. Repealed. 4ti7. When treasurer may receive or pay money. 4047a. Repealed. 4048. Maximum amount of funds which treasurer may hold. 4049. Treasurer to deliver money, etc., to successor. 4050. Bond of clerk. 4051. When orders of clerk for teachers' pay illegal. 4052. Annual statistical report of board of education; by whom pre- pared. 4053. Publication of receipts and dis- bursements by clerk. 4054. Clerk to deliver books, etc., to suc- cessor. 4055. How treasurer and clerk to keep accounts. 4056. Compensation of treasurer and clerk. ENUMERATION. Sec. 4030. [Yearly enumeration of school youth.] There shall be taken in each district, annually, during the two weeks ending on the fourth Saturday of May, an enumeration of all unmarried youth, not- ing sex, between six and twenty-one years of age, resident within the district, and not temporarily there, designating also the number between six and eight years of age, the number between eight and fourteen years of age, the number between fourteen and sixteen years of age, the number between sixteen and twenty-one years of age, and the number residing in the Western Reserve, the Virginia Military district, the United States Military district, and in any original surveyed town- ship or fractional township to which belongs section sixteen, or other land in lieu thereof, or any other lands for the use of public schools, or any interest in the proceeds of such lands. (93 v. 312; 87 v. 80; 85 v. 192 ; Rev. Stat. 1880; 71 v. 15, 77.) Sec. 4031. [Appointment of enumerators; oath and duties.] The board of education of each school district, shall, on or before the second Saturday in May, appoint one or more persons to take the enumeration provided for in section forty hundred and thirty of the Revised Statutes of Ohio. Each person appointed to take such enu- 126 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. meration shall take an oath or affirmation to take the same accurately and truly to the best of his skill and ability. When making return thereof to the clerk of the board of education, he shall accompany the sams with a list of the names of all the youth enumerated, noting the age of each, and with his affidavit duly certified that he has taken and returned the enumeration accurately and truly to the best of his knowl- edge and belief, and that such list contains the names of all such youth so enumerated and none others. The clerk of the board of edu- cation or any officer authorized to administer oaths, may administer such oath or affirmation, take and certify such affidavit, and the clerk shall keep in his office for the period of five years such report and the list of names, and each person so taking and returning the enumera- tion shall be allowed by the proper board of education reasonable com- pensation for his services. (Passed and approved April 25, 1904.) Sec. 4032. [Enumeration in districts in two or more counties.] When a school district including territory attached for school purposes, is situated in two or more counties, it shall be the duty of the person or persons taking such enumeration to report the number of youth as provided in section forty hundred and thirty of the Revised Statutes of Ohio, residing in each county and the clerK of the board shall make returns to the auditors of the respective counties in which such youth reside as provided in section forty hundred and thirty-five of the Revised Statutes of Ohio. (Passed and approved April 25, 1904.) Sec. 4033. Repealed 90 v. 76. Sec. 4034. Repealed April 25, 1904. Se c - 435- [Clerk to transmit abstract of enumeration to county auditor.] The clerk of each board shall, annually, on or before the first Saturday in July make, and transmit to the county auditor, an ab- stract of the enumeration by this chapter required to be returned by him, according to the form prescribed by the commissioner of common schools, with an oath or affirmation endorsed thereon that it is a correct abstract of the returns made to him under oath or affirmation ; and the oath or affirmation of the clerk may be administered and certified by any member of the board of education, or by the county auditor. (Passed and approved April 25, 1904.) Sec. 4036. [When the clerk fails, auditor to act.] If the clerk of any district fail to transmit such abstract of enumeration on or before the first Saturday in July, the auditor shall at once demand the same from such clerk ; and in case the enumeration has not been taken as re- quired by this chapter, or the abstract required be not furnished with- out delay, the auditor shall employ competent persons to take such OHIO SCHOOL LAWS. 127 Enumeration, Treasurer and Clerk. Ch. 10. enumeration, who shall be subject to the legal requirements already specified, except that the return shall be made directly to the auditor, who may administer to each person employed the oath or affirmation required; and the auditor shall allow the person employed by him, a reasonable compensation, to be paid out of the general county fund, and shall proceed to recover the amount so paid in civil action before any court having competent jurisdiction, in the name of the state, against such clerk on his bond, and the amount so collected shall be paid into the school funds of the district. (Passed and approved April 25, 1904.) Sec. 4037. [When county line divides original surveyed township.] If parts of an original surveyed township or fractional township are situate in two counties, the auditor of the county in which the smallest part is situate shall, so soon as the abstracts of enumeration are received by him from the clerks of the boards of education, certify to the audi- tor of the county in which the largest part is situate the enumeration of youth residing in the part of the township situate in his county ; if parts of such township or fractional township are situate in more than two counties, like certificates of enumeration shall be transmitted to the auditor of the county containing the greatest relative portion of such township, by the auditors of the other counties containing portions thereof ; when it is uncertain which county contains the greatest rela- tive portion of such township, such certificates shall be transmitted to the auditor of the oldest county, by the other auditor or auditors ; and if the land granted by congress to such township or fractional township for the support of public schools has been sold, the auditor to whom such certificates are transmitted shall notify the auditor of state, with- out delay, that such enumeration has been certified to him. (70 v. 195, 121, 130.) Sec. 4038. [When enumeration not taken, district not entitled to school funds.] If an enumeration of the youth of a district be not taken and returned in any year, such district shall not be entitled to re- ceive any portion of the school funds distributable in that year on the basis of enumeration ; and if such loss to a district occur through the failure of the clerk of the board of education of a district to perform the duty required of him under section forty hundred and thirty-five of the Revised Statutes of Ohio, he shall be liable to the district for the loss, which may be recovered in an action in the name of the state ; and the money so recovered shall be paid into the county treasury, and apportioned in the same manner as the school funds so lost would have been apportioned. (Passed and approved April 25, 1904.) Sec. 4039. [Auditor to furnish abstract to state commissioner.] The auditor of each county shall make and transmit to the state com- 128 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. missioner of common schools, on or before the third Saturday in July in each year, on blanks to be furnished by the commissioner, an ab- stract of the enumeration returns' made to him, duly certified. (Passed and approved April 25, 1904.) Sec. 4040. [Duty of state commissioner when enumeration exces- sive, etc.] When the state commissioner of common schools on exam- ination of the enumeration returns of any district, is of opinion that the enumeration is excessive in number, or in any other way incorrect,he may require the same to be retaken and returned, and if he think it necessary he may for this purpose appoint persons to perform the ser- vice, who shall take the same oath, perform the same duties, and re- ceive the same compensation, out of the same funds, as the person or persons who took the enumeration in the first instance, and the school fund distributable in proportion to enumeration shall be distributed upon the corrected returns. (70 v. 195, 75.) Sec. 4041. [Penalty for making fraudulent returns.] An officer through whose hands the enumeration required by this chapter to be returned passes, who, by percentage or otherwise, adds to or takes from the number actually enumerated, shall be deemed guilty of a misde- meanor, and, upon conviction of such offense, shall be fined in any sum not less than five nor more than one thousand dollars, or imprisoned in the county jail not less than ten nor more than thirty days, at the dis- cretion of the court. (70 v. 175, 75.) TREASURER AND CLERK. Sec. 4042. [Treasurer of school funds.] In each city, village and township school district, the treasurer of the city, village and township funds, shall be respectively the treasurer of the school funds ; in each special district the board of education shall choose its own treasurer, whose term of office shall be for one year beginning on the first day of September. (Passed and approved April 25, 1904.) Sec. 4043. [Bond of treasurer; additional sureties or new bond.] Each school district treasurer shall, before entering upon the duties of his office, execute a bond, with sufficient sureties, in an amount at least equal to the amount of school funds that may come into his hands, payable to the state of Ohio, to be approved by the board of education, conditioned for the faithful disbursement, according to law, of all funds which come into his hands ; and he may at any time thereafter be re- quired to give additional sureties on his accepted bond, or to excute a new bond with sufficient sureties to the approval of the board of edu- cation whenever the said board of education deem it necessary, and if OHIO SCHOOL LAWS. 129 Enumeration, Treasurer and Clerk. Ch. 10. said treasurer shall fail for ten days after service of notice in writing of such requisition, to give bond or additional sureties as aforesaid as required by said board, the office shall be considered and declared va- cant and shall be filed [filled] as in other cases. Every bond when so executed and approved shall be filed with the clerk of the board of ed- ucation of the district, and recorded, who shall cause a certified copy thereof or the names of additional sureties, to be filed with the county auditor without delay, and such board at the time of the approval of any bond or sureties, shall require the treasurer of the school funds to produce all money, bonds or other securities in his hands as such treas- urer, and the same shall be then counted by the board or a committee thereof, in the presence of the clerk of the board, who shall thereupon enter upon the records of the board, a certificate, setting forth the exact amount of money or securities so found in the hands of such treasurer, which record shall be signed by the president and clerk of the board and shall be prima facie evidence that the amount therein stated was actually in the treasury at that date. (Passed and approved April Sec. 4044. [Annual settlement by treasurer with county auditor.] The treasurer shall, annually, within the first ten days of September, settle with the county auditor for the preceding school year, and for that purpose shall make a certified statement showing the amount of money received, from whom, and on what account, and the amount paid out, and for what purpose ; he shall produce vouchers for all pay- ments made; if the auditor, on examination, find the statement and vouchers to be correct, he shall give the treasurer a certificate of the fact, which shall, prima facie, Be a discharge of the treasurer for the money paid ; and for making such settlement he shall be entitled to re- ceive the sum of one dollar, and also five cents per mile for traveling to and from the county seat, to be paid out of the county treasury, on the order of the county auditor. When the treasurer's term be- gins on the first day of September the annual settlement shall be made by the outgoing treasurer. (92 v. 58; 85 v. 192, 194; Rev. Stat. 1880; 7 1 v. 9, 47-) Sec. 4045. [Penalty for failure to make such settlement.] If the treasurer of any school district willfully or negligently fail to make such annual settlement within the time prescribed ' in the preced- ing section, he shall be liable to pay a fine of fifty dollars, to be recov- ered in a civil action in the name of the state; which amount, when collected, shall be paid into the county treasury, and shall be applied to the use of common schools in his district ; and the county auditor shall proceed forthwith, in case of such failure, to recover the penalty, 9-S. L. 130 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. by suit against such treasurer, before any justice of the peace of his county. (71 v. 9, 47.) Sec. 4046. Repealed April n, 1888. Sec. 4047. [When treasurer may receive or pay money.] No treasurer of a school district shall pay out any school money except on an order signed by the president and countersigned by the clerk of the board of education ; and no money shall be paid to the treasurer of a district, other than that received from the county treasurer, except upon the order of the clerk of the board, who shall report the amount of such miscellaneous receipts to the county auditor each year, im- mediately preceding such treasurer's settlement with the auditor. (Passed and approved April 25, 1904.) Sec. 40470. Repealed April 25, 1904. Sec. 4048. [Maximum amount of funds which treasurer may hold.] The clerk of a board of education or the county auditor shall pay no money into the hands of the treasurer of a school district in excess of the amount of his bond and should said clerk or auditor violate this provision, he and his bondsmen shall be liable for any loss occasioned thereby ; and before giving said treasurer any warrant or order for any school funds the auditor may require the treasurer to file with him a statement showing the amount of su^h funds in his possession, signed by the clerk of the board of education. (Passed and approved April 25, 1904.) Sec. 4049. [Treasurer to deliver money, etc., to successor.] At the expiration of his term of service each treasurer shall deliver to his successor in office all books, papers, money, and other property in his hands belonging to the district, and take duplicate receipts of his successor therefor, one of which he shall deposit with the clerk of the board of education within three days thereafter. (1888, April n ; 85 v. 192, 194; Rev. Stat. 1880; 71 v. 9, 47.) Sec. 4050. [Bond of clerk.] The clerk of each board of education shall execute a bond, in an amount and with surety to be approved by the board, payable to the state of Ohio, conditioned that he shall perform faithfully all the official duties required of him ; which bond shall be deposited with the president of the board, and a copy thereof, certified by the president of the board, shall be filed with the county auditor. (70 v. 195, 45.) Sec. 4051. [When orders of clerk for teachers' pay illegal.] It shall be unlawful for the clerk of a board to draw an order on the treas- urer for the payment of a teacher for services until the teacher files with him such reports as are required by the state commissioner of OHIO SCHOOL LAWS. 131 Enumeration, Treasurer and Clerk. Ch. 10. common schools and the board of education, a legal certificate of qualification, or a true copy thereof, covering the entire time of the service, and a statement of the branches taught; but orders may be drawn for the payment of special teachers of drawing, painting, pen- manship, music, gymnastics, or a foreign language, on presentation of a certificate to the clerk, signed by a majority of the examiners, and the filing with him of a true copy thereof, covering the time for which a special teacher has been employed, and the specialty taught. (70 v. 195, 53, 94-) Sec. 4052. [Annual statistical report of the board of education ; by whom prepared.] The clerk of each board shall prepare the annual report of the receipts and expenditures of school money, and the statis- tical statement in reference to the schools, required of the board by section forty hundred and fifty-seven of the Revised Statutes of Ohio, and transmit the same to the county auditor on or before the first day of September; provided, that in each school district having a superin- tendent of schools, the annual report, except the receipts and expendi- tures of money, shall be made by the superintendent. (Passed and approved April 25, 1904.) Sec. 4053. [Publication of receipts and disbursements by clerk.] The board of education of each district, except city districts, shall require the clerk of the board annually, ten days prior to the election for members of the board of education, to prepare and post at the place or places of holding such elections, or publish in some newspaper of general circulation in the district, an itemized statement of all money received and disbursed by the treasurer of the board within the school year last preceding. (Passed and approved April 25, 1904.) Sec. 4054. [Clerk to deliver books, etc., to successor.] Each clerk shall, at the expiration of his term of office, deliver to his suc- cessor all books and papers in his hands relating to the affairs of his district, including certificates, and copies thereof, and reports of school statistics, filed by teachers. (70 v. 195, 84.) Sec. 4055. [How treasurer and clerk to keep accounts.] The auditor of each county shall furnish to the clerk and treasurer of each school district in his county a suitable blank book, made according to, the form prescribed by the bureau of inspection and supervision of public offices, in which each shall keep an account of the school funds of his district ; the clerk's account shall show the amounts certified by the county auditor to be due the district, all sums paid to the treasurer from other sources on his order, and all orders drawn by him on the treasurer, and upon what funds and for what purposes drawn ; the treasurer's accounts shall show the amounts received from the county 132 OHIO SCHOOL LAWS. Ch. 10. Enumeration, Treasurer and Clerk. treasurer, all sums received from other sources on the order of the clerk, and the amounts paid out, and from what funds and for what purposes paid ; and a separate account of each fund shall be kept, and each account shall be balanced at the close of the school year, and the balance in the treasurer's hands belonging to each fund shown. (Passed and approved April 25, 1904.) Sec. 4056. [Compensation of treasurer and clerk.] The board of education of each school district shall fix the compensation of its clerk and treasurer, which shall be paid from the contingent fund of the district; if the clerk and treasurer are paid annually the order for the payment of their salaries shall not be drawn until said clerk and treasurer shall present to the board of education a certificate from the county auditor stating that all reports required by law have been filed in his office ; if the clerk and treasurer are paid semi-annually, quarterly, or monthly, the last payment on their salaries previous to August 31, shall not be made until all reports required by law have been filed with the county auditor and his certificate presented to the board of education as required herein. (Passed and approved April 25, 1904.) OHIO SCHOOL LAWS. 133 Reports. Ch. 11. CHAPTER XL REPORTS. SECTION. 4057. Annual report by board of education; its contents. 4058. In what form to be made, etc. 4059. Reports by superintendents ancj teachers. 4060. Duties of county auditor as to school statistics, etc. SECTION. 4061. Penalties against auditor and clerk. 4062. When auditor to appoint person to make report. 4063. Further penalties against auditor. 4064. Compensation of auditor. Sec. 4057. [Annual report of board of education; its contents.] The board of education of each district shall make a report to the county auditor, on or before the first day of September in each year, containing a statement of the receipts and expenditures of the board, the number of schools sustained, the length of time such schools were sustained, the enrollment of pupils, the average monthly enrollment, and average daily attendance, the number of teachers employed, and their salaries, the number of school houses and school rooms, and such other items as the commissioner of common schools may require. (1888, April n; 85 v. 192, 195; Rev. Stat. 1880; 70 v. 195, 75; S. & C. 1353.) Sec. 4058. [In what form to be made, etc.] The report shall be made on blanks which shall be furnished by the commissioner of com- mon schools to the auditor of each county, and by the auditor to each school clerk in his county ; and each board of education, or officer or employe thereof, or other school officer in any district or county, shall, whenever the commissioner so requires, report to him direct, upon such blanks as he shall furnish, any statements or items of in- formation that he may deem important or necessary. (70 v. 195, 75.) Sec. 4059. [Reports by superintendents and teachers.] Boards of education shall require all teachers and superintendents to keep the school records in such manner that they may be enabled to report annually to the county auditor and state commissioner of common schools, as required by the provisions of this title and shall withl^Jd the pay of such teachers and superintendents as fail to file the reports required of them ; the records of each school shall, in addition to all other requirements, be so kept as to exhibit the names of all pupils enrolled therein, the studies pupsued, shall indicate the character of the work done, the standing of each pupil, and shall be as near uniform throughout the state as may be practicable; said boards may require superintendents and teachers to report such matters as 134 OHIO SCHOOL LAWS. Ch. 11. Reports. they deem important or necessary for information in regard to the management and conduct of the schools and to make such suggestions and recommendations as they may deem advisable relative to methods of instruction, school management, or other matters of educational interest ; and the board of education of each city district shall pre- pare and publish annually a report of the condition and adminis- tratjon of the schools under its charge, and include therein a complete exhibit of the financial affairs of the district. (Passed and approved April 25, 1904.) Sec. 4060. [Duties of county auditor as to school statistics, etc.] The auditor of each county shall, on or before the twentieth day of Sep- tember, annually, prepare, and transmit to the commissioner of common schools an abstract of all the returns of school statistics made to him from the several districts in his county, according to the form prescribed by the commissioner, and a statement of the condition of the institute fund, and such other facts relating to schools and school funds as the commissioner may require ; he shall also cause to be dis- tributed all such circulars, blanks and other papers, including school laws and documents, in the several school districts in the county, as the commissioner may lawfully require ; and if the auditor neglect to prepare and return any of the abstracts or reports herein required the county commissioners shall withhold from him all compensation for his services under this title. (1888, April n ; 85 v. 192, 195; Rev. Stat. 1880; 70 v. 195, 123; S. & S. 705.) Sec. 4061. [Penalties against auditor and clerk.] The auditor shall also be liable on his bond for any such neglect, in a sum not less than three hundred nor more than one thousand dollars, on complaint of the commissioner of common schools; and if the clerk of the board of education of any district fail to make the annual returns of school statistics required by this title, to the county auditor, he shall be liable on his bond in a sum not less than fifty nor more than three hundred dollars, on complaint of the county auditor, or of the board of education, to be recovered in a civil action in the name of the state, and when collected to be paid in% the county treasury, and applied to the use of common schools in such district. (70 v. 195, 123 ; S. & S. 706.) Sec. 4062. [When auditor to appoint person to make report.] Upon the neglect or failure of the clerk of the board of education of any district to make the reports required in this title, and by the time specified, the county auditor shall appoint some suitable person, resident of the district, to make such reports, who shall OHIO SCHOOL LAWS. 135 Reports. Ch. 11. receive the same compensation therefor, and in the same manner, as is allowed by law for like services. (70 v. 195, 123 ; S. & S. 706.) Sec. 4063. [Further penalties against auditor.] A county au- ditor who willfully or negligently fails, in any year, to transmit to the commissioner of common schools the abstract of enumeration required by section forty hundred and thirty-nine, or to perform any other duty required of him under this title, shall be liable on his bond to the extent of twice the sum lost to the school districts of his county in consequence of such failure, which sum shall be re- covered in a civil action against him, on his bond, in the name of the state, before any court of competent jurisdiction; and the money so recovered shall be paid into the county treasury, for the benefit of such districts, and apportioned in the same manner as the school funds so lost would have been apportioned. (70 v. 195, 81, 124.) Sec. 4064. [Compensation of auditor.] The commissioners of each county shall allow the county auditor, annually, a reasonable compensation for his services under this title, not to exceed five dollars for each city, village, special, and township school district in his county to be paid out of the county treasury ; but before such allowance shall be made for any year the auditor shall present to the commissioners a statement, officially certified and signed by the commissioner of com- mon schools, that he has transmitted to the commissioner all reports and returns of statistics for that year required by this title. (70 v. 195, 125.) 136 OHIO SCHOOL LAWS. Ch. 12. Boards of Examiners. CHAPTER XII. BOARDS OF EXAMINERS. SECTION. 4065. State board; their appointment; terms; vacancies. 4066. Power to issue three grades of life certificates; record thereof. 4067. Effect thereof ; may be revoked for cause. 4068. Examination fees, their disposition; compensation of members; sta- tionery- 4069. County boards; appointment, term, and vacancies; removals; notice of appointments; disqualifica- tions. 4070. Organization of county boards of examiners; reports of clerk; compensation of clerk. 4071. Meetings for examinations; major- ity's power;- examination fee. 4071a. Uniform system of examinations; preparation and distribution of examination questions. 4072. Disposition of fees. 4073. Granting renewal and revocation of certificates; age limit; hearing on revocation of certificates; ex- penses. 474. Certificates of different graded; prerequisites to employment; branches of study; value of life certificates. SECTION. 4075. Compensation and expenses of hoard. 4076. Annual report of clerk, and his bond. 4077. Boards of examiners in city dis- tricts; appointment and removal; filling of vacancies; village boards of examiners abolished. 4078. Standard of qualifications for teachers; examination of schools; law governing board in examin- ing teachers; special examiners; their oath; duty of school super- intendents. 4079. Organization of board; bond of clerk. 4080. Meetings for examinations; notice. 4081. Granting, renewal and revocation of certificates; age limit; hear- ing on revocation of certificate. 4082. Nature of certificates to be granted; branches of study. 4083. Compensation of examiners; inci- dental expenses. 4084. Records and reports; duties of the clerk; disposition of fees. 4085. Applicants who fail may appeal to the state commissioner of com- mon schools; method of proced- ure. STATE BOARD OF EXAMINERS. / Sec. 4065. [State board; appointment; term; vacancies.] There shall be a state board of examiners, which shall consist of five compe- tent persons, resident of the state, to be appointed by the state com- missioner of common schools; not more than three of whom shall be- long to the same political party. The term of office of such exam- iners shall be five years ; the term of one of the examiners shall expire on the 3ist day of August, each year, [and when one qf which shall expire on the 3ist of August every year,] and when a vacancy occurs in the board, whether from expiration of the term of office, refusal to serve, OF other cause, the commissioner shall fill the same by appointment for the full or unexpired term, as the case demands. (1888, April 16; 85 v. 330; 81 v. 95; Rev. Stat., 1880; 70 v. 195, 85; S. & S., 709.) Sec. 4066. [Power to issue three grades of life certificates; re- cord thereof.] The board thus constituted may issue three grades of life certificates to such as are found to possess the requisite schol- arship, and who exhibit satisfactory evidence of good moral char- OHIO SCHOOL LAWS. 137 Boards of Examiners. Ch. 12. acter and of professional experience and ability ; the certificates shall be for different grades of schools according to branches tauerht, and shall be valid in the schools specified therein. The clerk of the board shall keep a record of the proceedings, showing the number, date and grade of each certificate, to whom granted, and for what branches of study, and shall report such statistics to the commis- sioner, annually, on or before the 3ist day of August. (1888, April 16; 85 v. 330; 78 v. 39; Rev. Stat, 1880; 70 v. 195, 86; S. & S., 709.) Sec. 4067. [Effect thereof; may be revoked for cause.] All cer- tificates issued by such board shall be countersigned by the com- missioner of common schools ; and such certificates shall supersede the necessity of any and all other examinations of the persons holding them, by any board of examiners, and shall be valid in any school district in the state, unless revoked by the state board for good cause. (70 v. 195, 87; S. & S., 709.) Sec. 4068. [Examination fees; their disposition; compensation of members; stationery.] Each applicant for a certificate shall pay to the board of examiners a fee of five dollars ; and the clerk of the board shall pay to the state treasurer, all fees received, and file with the state auditor a written statement of the amount. Each member of the board shall be entitled to receive five dollars for each day he is necessarily engaged in official service, and also six cents per mile each way for traveling from and to his place of res- idence, by the most direct route of public travel to and from the places of meetings of the board, to be paid out of the state treasury on the order of the state auditor; all books, blanks and stationery required by the board shall be furnished by the secretary of state. (1888, April 16; 85 v. 330; 82 v. 100; Rev. Stat., 1880; 70 v. 195, 88;S. & S., 709.) COUNTY EXAMINERS. Sec. 4069. [County boards; appointment, term, and vacancies; removals; notice of appointment; disqualifications.] There shall be a county board of school examiners for each county, which shall consist of three competent persons to be appointed by the probate judge. Two of such persons shall have had at least two years' experience as teachers or superintendents, and shall have been with- in five years, actual teachers in the public schools. Each person so appointed shall be a legal resident of the county for which he is appointed, and, should he remove from the county during his term, his office shall be thereby vacated and his successor be ap- pointed. No examiner shall teach in, be connected with, or be financially interested in any school which is not supported wholly 138 OHIO SCHOOL LAWS. Ch. 12. Boards of Examiners. or in part by the state, or be employed as an instructor in any teachers' institute in his own county ; nor shall any person be ap- pointed to the position, or exercise the office of examiner who is agent of or is financially interested in any book publishing or book- selling firm, company or business, or in any educational journal or magazine. If an examiner becomes connected with or interested in any school not under state control, or is employed in any such institute in his own county, or becomes an agent of or interested in any book company or journal, or fails to hold the necessary teacher's certificate, or removes from the county, the probate judge shall forthwith, upon being apprised of such fact, remove such examiner and appoint his successor. The term of office of such ex- aminer shall be three years. The term of one of the examiners shall expire on the thirty-first day of August, each year; but the probate judge shall revoke the appointment of any examiner, upon satisfactory proof that he is inefficient, intemperate, negligent, -guilty of immoral conduct, or that he is using his office for personal or private gain. When a vacancy occurs in the board, whether from expiration of the term of office, refusal to serve, or other cause, the probate judge shall promptly fill the same by appointment for the full or unexpired term, and said judge shall, within ten days, report the same to the state commissioner of common schools, together with the names of the other members of the board and the date of the expiration of their several terms of office. The members of county boards of ex- aminers, as now constituted, shall serve for the full term for which they were appointed unless removed for cause as provided for in section forty hundred and sixty-nine as it existed previous to this enactment. (Passed and approved April 25, 1904.) Sec. 4070. [Organization of county boards of examiners; re- ports of clerk; compensation of clerk.] The board of county school examiners shall annually in the month of September organize by choosing from its members a president, a vice-president, and a clerk ; the president shall preside at all the meetings of the board, and in his absence the vice-president shall preside; the clerk shall keep a full and accurate record of the proceedings of the board, showing the number and date and character of each certificate issued, and to whom, for what term, and for what branches of study, and such other statistics relating to the examination and the proceedings of the board as the state commissioner of common schools may require, and in the form and manner he may require, and shall make a report of all such items annually on or before the first day of September; the clerk shall receive for his services as clerk four dollars for each examination of sixty applicants or less, six dollars for each examin- OHIO SCHOOL LAWS. 139 Boards of Examiners. Ch. 12. ation of more than sixty applicants and less than one hundred, eight dollars for each examination of one hundred applicants or more, to be paid out of the county treasury on the order of the county auditor, but no order shall be drawn for the month of August until the clerk produce a receipt from the state commissioner of common schools that he has filed all the reports for the year required by said com- missioner. The board shall make all needful rules and regulations for the proper discharge of its duties and the conduct of its work, subject to statutory provisions and the approval of the state com- missioner of common schools. (Passed and approved April 25, 1904.) Sec. 4071. [Meetings for examinations; majority's power; ex- amination fee.] Each board shall hold public meetings for the ex- amination of applicants for county teachers' certificates on the first Saturday of every month of the year, unless Saturday should fall on a legal holiday, in which case, said examination shall be held on the succeeding Saturday, at such place or places, within the county as will, in the opinion of the board, best accommodate the greatest number of applicants, notice of which shall be published in two weekly newspapers of different politics printed in the county, if there are two papers thus published, if not, then a publication in one only is required. In no case shall the board hold any private examination or ante-date any certificate. A majority of the board may examine applicants and grant certificates ; and as a condition of any applicant being admitted to take the examination, each such applicant shall pay to the board for the use of the county institute a fee of fifty cents. (Passed and approved April 25, 1904.) Sec. 40710. [Uniform system of examinations; preparation and distribution of examination questions.] After the first day of Sep- tember, 1904, the questions for all county teachers' examinations, throughout the state, shall be prepared under the direction of the state commissioner of common schools, and sample lists shall be mailed, under seal, to the clerks of the said boards of examiners not less than ten days before each examination. Upon the receipt of said lists, the boards are authorized and required to have a sufficient number of copies of the same printed for use in the examination. Any person connected with the preparation, printing, distribution, or handling of said questions, who shall, prior to the examination in each branch of study, make the same public in any manner or give information in regard to the nature or character of the questions to any applicant for a certificate or other person, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty dollars nor more than one hundred dollars. (Passed and approved April 25, 1904.) 140 OHIO SCHOOL LAWS. Ch. 12. Boards of Examiners. Sec. 4072. [Disposition of fees.] The clerk of the board of county school examiners shall promptly collect all .fees from applicants at each examination and pay the same into the county treasury quar- terly, and he shall file with the county auditor a written statement of the amount, and the number of applicants, male and female, ex- amined during the quarter; and all such money thus received shall be set apart by the auditor for the support of county teachers' in- stitutes, to be applied as provided for in chapter thirteen of this title. (Passed and approved April 25, 1904.) Sec. 4073. [Granting renewal and revocation of certificates; age limit; hearing on revocation of certificate; expenses.] The county board of school examiners may grant teachers' certificates for one, two, three, five, and eight years from the day of the examina- tion ; and said certificates shall be valid in all village, township, and special school districts of the county wherein they are issued, but in all school districts situated in two or more counties teachers' certificates obtained in either county shall be valid in such districts. All teachers' certificates granted for one, two or three years shall be regarded as provisional certificates and shall be issued only in compliance with such reasonable regulations and standards and upon such ratios as the board may adopt, but no such certificate shall be renewed except upon examination ; provided, that when any teacher holding a two year certificate and having for the last five years pre- ceding been continuously engaged in teaching in the same county, said teacher shall be entitled to have his or her certificate renewed by passing an examination in theory and practice; all certificates granted for five years, or eight years, shall be regarded as profes- sional certificates and shall be renewable without examination at the discretion of the examining board, if for three years preceding the date of the application the holders thereof shall have been engaged in teaching, not less than twelve months of such time being spent in the same district and the board of examiners being satisfied as to the moral character and the professional attainments of the holders thereof. No certificate shall be issued to any person who is less than eighteen years of age ; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent, or negligent, the examiners, or any two of them, may revoke the certificate ; but such revocation shall not prevent a teacher from receiving pay for services previously rendered ; but before any hearing is had by a board of examiners on the question of the revocation of a teacher's, certificate, the charges against the teacher shall be reduced to writing and placed upon the records of the board, and the teacher shall be notified in writing as to the nature of the charges and the time set OHIO SCHOOL LAWS. 141 Boards of Examiners. Ch. 12. for the hearing, such notice to be served personally or at his resi- dence, and the teacher snail be entitled to produce witnesses and de- fend himself; the examining board shall have power to send for wit- nesses and examine them on oath or amrmation touching the matter under investigation, and said oath or amrmation may be administered by any member of the board of examiners. The fees and the per diem of examiners for conducting such investigation at three dollars a day each and other expenses of such trial shall be certified to the county auditor by the clerk and president of the examining board, and be paid out of the county treasury upon the order of the auditor. (Passed and approved April 25, 1904.) Sec. 4074. [Certificates of different grades; prerequisites to em- ployment; branches of study; value of certain life certificates.] From and after the first day of September, 1904, three kinds of teachers' certificates only shall be issued by county boards of school examiners ; said kinds of teachers' certificates shall be styled respectively "Teach- er's Elementary School Certificate," which shall be valid for all branches of study in schools below high school rank, "Teacher's High School Certificate," which shall be valid for all branches of study in recognized high schools and for superintendents, and "Teach- er's Special Certificate," which shall be valid in schools of all grades, but only for the branch or branches of study named therein. From and after the first day of September, 1905, no person shall be em- ployed or enter upon the performance of his duties as a teacher in any elementary school supported wholly or in part by the state in any village, township, or special school district who has not ob- tained from a board of school examiners having competent juris- diction a certificate of good moral character and that he or she is qualified to teach orthography, reading, writing, arithmetic, English grammar and composition, geography, history of the United States, including civil government, physiology including narcotics, literature, and that he or she possesses an adequate knowledge of the theory and practice of teaching; and no person shall be employed or enter upon the performance of his duties as a teacher in any recognized high school supported wholly or in part by the state in any village, township, or special school district, or act as superintendent of school in such district, who has not obtained from a board of examiners having competent jurisdiction a certificate of good moral character and that he or she is qualified to teach literature, general history, algebra, physics, physiology including narcotics, and, in addition thereto, four branches elected from the following branches of study : Latin, German, rhetoric, civil government, geometry, physical geog- raphy, botany, and chemistry; and that he or she possesses an ade- 142 OHIO SCHOOL LAWS. Ch. 12. Boards of Examiners. quate knowledge of the theory and practice of teaching; and no person shall be employed and enter upon the performance of his duties as a special teacher of music, drawing, painting, penmanship, gymnastics, German, French, the commercial and industrial branches, or any one of them, in any elementary or high school supported wholly or in part by the state in any village, township or special school dis- trict, who has not obtained from the board of examiners having com- petent jurisdiction a certificate of good moral character and that he or she is qualified to teach the special branch or branches of study, and in addition thereto, that he or she possesses an adequate knowl- edge of the theory and practice of teaching; provided, that county boards of school examiners are authorized to recognize or renew, at their discretion, in the appropriate kind and for the same length of time any certificate or certificates, held by teachers who may apply for such recognition or renewal prior to the first day of September, 1905, and provided, further, that no person holding a common school life certificate issued by the board of state examiners shall be required to hold any other certificate to teach in the elementary schools of the state, nor shall any holder of said common school life certificate be required by any board to be examined in any of the branches covered by said certificate in order to be granted the teachers' high school certificate authorized herein. (Passed and approved April 25, 1904.) Sec. 4075. [Compensation and expenses of board.] Each mem- ber of the county board of school examiners shall be entitled to receive ten dollars for each examination of sixty applicants or less, fourteen dollars for each examination of more than sixty applicants and less than one hundred, eighteen dollars for each examination of one hundred applicants or more, to be paid out of the county treas- ury on the order of the county auditor ; all books, blanks and station- ery required by the board shall be furnished by the county auditor; the board may contract for the use of suitable rooms in which to conduct examinations, for the printing of examination questions, may procure fuel and light, and employ janitors, to take charge of the rooms and keep them in order, and the expenses so incurred, together with the cost of advertising required by section forty hun- dred and seventy-one, shall be paid out of the county treasury on orders of the county auditor, who shall issue such orders upon the certificate of the president of the board, countersigned by the clerk. (Passed and approved April 25, 1904.) Sec. 4076. [Annual report of clerk and his bond.] The clerk of the board shall prepare, and forward to the state commissioner OHIO SCHOOL LAWS. 143 Boards of Examiners. Ch. 12. of common schools, on or before the first day of September in each year, a statement of the number of examinations held by the board, the number of applicants examined, the total number of certificates granted, and the number for each term mentioned in section forty hundred and seventy-three, the amount of fees received and paid to the county treasurer, the amount received from the county treasury by the members of the board for their services, and such other statis- tics and information in relation to the duties of the board as said commissioner may require; and he shall deposit with the county auditor a bond, with surety to be approved by the auditor, in the sum of three hundred dollars, that he will pay into the county treasury, quarterly, the examination fees received by the board, and make the statistical returns required by this chapter. (Passed and approved April 25, 1904.) CITY EXAMINERS. Sec. 4077. [Boards of examiners in city districts; appointment and removal; filling of vacancy; village boards of examiners abolished.] There shall be a city board of school examiners for each city school district, to be appointed by the board of education of the district; such board shall consist of three persons, and the majority of the persons appointed shall have had at least two years' practical ex- perience in teaching in the public schools and all persons appointed shall be otherwise competent for the position and residents of the district for which they are appointed ; the term of office of such ex- aminers shall be three years ; the term of one-third of the examiners shall expire on the thirty-first day of August each year; but the board of education may revoke any appointment upon satisfactory proof that the appointee is inefficient, intemperate, negligent, or guilty of immoral conduct ; when a vacancy occurs in the board, whether from expiration of term of office, refusal to serve, or other cause, the board of education shall fill the same by appointment for the full or un- expired term, as the case demands ; and within ten days after an ap- pointment, the clerk of the board of education shall report to the state commissioner of common schools the name of the appointee, and whether the appointment is for a full or an unexpired term ; provided, that in city school districts that now have a board of city school examiners consisting of three members, the members of the same shall serve for the full term for which they were appointed ; when the board does not consist of three members the same is hereby abolished and a new board shall be appointed, the members to serve for one, two and three years from the thirty-first day of August succeeding the passage of this act. All village boards of examiners are hereby 144 OHIO SCHOOL LAWS. Ch. 12. Boards of Examiners. abolished, but certificates issued by said boards shall continue in force within the village school district, for the full time for which they were issued. (Passed and approved April 25, 1904.) Sec. 4078. [Standard of qualification for teachers; examina- tion of schools; law governing board in examining teachers; special examiners; their oath; duty of school superintendents.] Each city board of school examiners shall determine the standard of qualification for teachers, and may examine any school in the district when such examination is deemed necessary to ascertain a teacher's qualifications, but in the examination of applicants and the granting of certificates the board shall be governed by the provisions of section forty hundred and seventy-four, and to secure a thorough examination of applicants in difficult branches, or special studies, the board may secure the assistance, temporarily, of persons of suf- ficient knowledge in such branches or studies, who shall promise on oath or affirmation, to be administered by the clerk of the board of examiners, to perform the duties of examiner faithfully and im- partially, and superintendents of schools shall give to the board all necessary information in reference to branches and special studies to be taught, and the branches of study and grades of school which teachers will be required to teach. (Passed and approved April 25, 1904.) Sec. 4079. [Organization of board; bond of clerk.] Each city board of school examiners shall organize during the month of Sep- tember each year by choosing from its members a president, a vice-president, and a clerk ; the president shall preside at all the meet- ings of the board, and in his absence the vice-president shall preside ; the clerk shall perform all the duties required in this chapter of the clerk of the board of county school examiners in so far as said duties apply, and shall give bond, in the sum of three hundred dollars with surety to be approved by the board of education, conditioned that he will perform faithfully the duties required of him by this chapter, which bond shall be deposited with the clerk of the board of educa- tion. (Passed and approved April 25, 1904.) Sec. 4080. [Meetings for examinations; notice.] Each board of city school examiners shall hold not less than two meetings each year, notice of which shall be published in some newspaper of general circulation in the district, and the expense of such publication shall be paid as provided in section forty hundred and eighty-three, and all examinations of applicants shall be conducted at the meetings of the boards thus called, and the examination of each and every applicant shall be in the presence of at least two members of the board. (Passed and approved April 25, 1904.) OHIO SCHOOL LAWS. 145 Boards of Examiners. Ch. 12. Sec. 4081. [Granting, renewal and revocation of certificates; age limit; hearing on revocation of certificate.] Each city board of school examiners may grant teachers' certificates for one, two, three, five, and eight years from the day of examination; and said certifi- cates shall be valid within the district wherein they are issued. All teachers' certificates granted for one, two, or three years, shall be regarded as provisional certificates and shall be issued only in com- pliance with such reasonable regulations and standard and upon such ratios as the board may adopt, but no such certificate shall be renewed except upon examination ; provided, that when any teacher holding a two year certificate and having for the last five years preceding been continuously engaged in teaching in the same county, said teacher shall be entitled to have his or her certificate renewed by passing an examination in theory and practice ; all certificates granted for five years, or eight years, shall be regarded as professional certifi- cates and shall be renewable without examination at the discretion of the examining board, if for three years next preceding the date of the application of the holders thereof shall have been engaged in teach- ing, not less than twelve months of such time being spent in the same district and the board being satisfied as to the moral character and the professional attainments of the holders thereof. No certificate shall be issued to any person who is less than eighteen years of age ; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent, or negligent, the examiners, or any two of them, may revoke the certificate ; but such revocation shall not pre- vent a teacher from receiving pay for services previously rendered ; and before any hearing is had by a board of examiners on the question of the revocation of a teacher's certificate, the charges against the teacher shall be reduced to writing and placed upon the records of the board, and the teacher sha.ll be notified in writing as to the nature of the charges and the time set for the hearing, such notice to be served either personally or at his residence, and the teacher shall be entitled to produce witnesses and defend himself; the examining board shall have power to send for witnesses and examine them on oath touching the matter under investigation, and said oath or affir- mation may be administered by any member of the board of ex- aminers. (Passed and approved April 25, 1904.) Sec. 4082. [Nature of certificates to be granted; branches of study.] The provisions of section forty hundred and seventy-four of the Revised Statutes of Ohio relating to the kinds of certificates authorized to be issued by the county boards of school examiners for teachers in elementary schools and high schools, and for superin- tendents shall apply to city boards of school examiners ; provided, 10-S. L. 146 OHIO SCHOOL LAWS. Ch. 12. Boards of Examiners. that city boards of school examiners may, in their discretion, require teachers in elementary schools to be examined in drawing, music, or German if such subjects are a part of the regular work of such teachers. (Passed and approved April 25, 1904.) Sec. 4083. [Compensation of examiners; incidental expenses.] Each city board of education shall fix the compensation of the members of the city board of school examiners and the additional compensation of the .clerk of the board, and the person or persons called to their assistance, furnish the necessary books, blanks and sta- tionery for their use, and designate a school building within the district in which they shall conduct examinations, and to cause such building to be lighted and heated if necessary ; and such compensation, and the incidental expenses incurred on account of the city board of school examiners, shall be paid, by order of the board of education, from the contingent fund of the district. (Passed and approved April 25, 1904.) Sec. 4084. [Records and reports; duties of the clerk; disposi- tion of fees.] The clerk of the city board of school examiners shall keep a record of the proceedings of the board, and such statistics as the state commissioner of common schools may require, and in the form and manner he may require, and shall report such statistics to the com- missioner annually, on or before the first day of September ; he shall pay the examination fees received by him to the treasurer of the district within ten days after each meeting, and at the same time file with the clerk of the board of education a written statement of the amount, and also a statement of the number of applicants, male and female, examined, and the number of certificates granted, and for what terms ; and the fees paid to the treasurer of the dis- trict shall be applied to the support of teachers' institutes, as pro- vided in chapter thirteen. (Passed and approved April 25, 1904.) Sec. 4085. [Applicants who fail may appeal to the state com- missioner of common schools; method of procedure.] All manu- scripts filed as answers to questions propounded to any applicant appearing before any county or city board of school examiners, shall be promptly considered and passed upon by said board together with the results of oral tests if any and such other information which may come to said board touching the fitness of any applicant for teaching in the public schools ; and said board shall promptly issue all certificates granted to successful applicants and send notices of failure to those who fail in .the examination, if such there be. All such manuscripts shall be kept on file for sixty days by the mem- bers of the examining board propounding the questions, and if within the sixty days any applicant after receiving his returns from the ex- OHIO SCHOOL LAWS. 147 Boards of Examiners. Ch. 12. amination has cause to and does believe that he has been discrim- inated against and his manuscripts unfairly graded, it shall be his right to review his manuscripts with the member or members of the board having the same in charge, and if after such inspection and review of the manuscripts, he is still of the opinion that said board will not correct the error, if any, and issue his certificate, he shall have the right to appeal his case to the state commissioner of common schools for final review. Such appeal shall be in the form of an affidavit setting forth the facts as he believes them, accompanied by a fee of one dollar to cover the expenses incident to said appeal, and requesting that the matter be inquired into ; thereupon the said commissioner shall require the clerk of said board to procure and forward said manuscripts, together with a full explanation of the reasons for the board's action, and if upon his examination of all the facts, together with the manuscripts, he finds that said applicant was denied a certificate when he should have been granted one and has been discriminated against by the board, he shall order the board forthwith to issue a certificate of the date of the teachers' examination attended by said applicant and indicate the length of time said cer- tificate shall be valid, but if upon inspection of the manuscripts and reviewing the facts submitted he shall conclude that no injustice has been done, he shall so notify the applicant and the clerk of the board of examiners. (Passed and approved April 25, 1904.) 148 OHIO SCHOOL LAWS. Ch. 13. Teachers' Institutes. CHAPTER XIII. TEACHERS' INSTITUTES. SECTION. x 4086. Organization of county teachers' in- stitutes; election of officers; term; vacancies; duty of executive com- mittee; bond; when election to be held. 4087. Payment of institute fund to com- mittee. 4088. Report of secretary; his compensa- tion. 4089. Forfeiture of committee's bond. SECTION. 4090. When school commissioner may hold institute. 4091. Teachers may dismiss school to at- tend institute; compensation for time, when allowed. 4092. Institutes for city districts; number of days; payment of expenses; ap- propriation by board of education. 4093. Repealed. 4094. Number of days institute must con- tinue; reports. Sec. 4086. [Organization of county teachers' institute; elections, term, duties and bond of officers.] A teachers' institute may be or- ganized in any county, by the association of not less than thirty prac- tical teachers of the common schools residing therein, who shall de- clare their intention in writing to attend such institute, the purpose of which shall be the improvement of such teachers in their profession ; such institute shall elect annually, by ballot, a president, secretary, and one member of an executive committee, said member of the ex- ecutive committee to serve for a term of three years ; provided, that at the first annual election held after the organization of any institute, there shall be elected three members of the executive committee, the one receiving the highest number of votes to serve for three years ; the one receiving the next highest number of votes to serve two years ; and the one receiving the next highest number of votes to serve one year. The president and secretary of the institute shall be ex-officio members of the executive committee and shall act as chairman and secretary of said committee. Any vacancy in the office of president, secretary, or member of the executive committee caused by death, resignation, removal from the county or other cause, may be filled by the executive committee, the person elected to fill such vacancy to serve until the next annual meeting of the institute. It shall be the duty of this executive committee to manage the affairs of the institute ; which committee shall enter into a bond, payable to the state of Ohio, with sufficient surety, to be approved by the county auditor in double the amount of the institute fund in the county treasury, for the benefit of the institute fund of the county, and conditioned that the committee shall account faithfully for the money which will come into its pos- sessioji, and make the report to the commissioner of common schools, required by section four thousand and eighty-eight, and such election of officers shall be held during the session of such institute and at OHIO SCHOOL LAWS. 149 Teachers' Institutes. Ch. 13. time fixed by the executive committee thereof, of which election at least three days' notice shall be given the members of such institute by posting conspicuously in a room, where such institute is held, a notice of the time and place of holding such election and of the officers to be voted for at such election. (95 v. 237; 92 v. 10; 84 v. 230; Rev. Stat. 1880; 70 v. 195, 112.) Sec. 4087. [Payment of institute fund to committee.] The dec- laration and bond mentioned in section forty hundred and eighty-six shall be filed with the county auditor, whereupon the auditor shall give to the institute committee an order on the county treasurer for the amount of the institute fund in the treasury; and any portion of said fund not disbursed by the committee shall be returned to the county treasury, on the certificate of the county auditor. (70 v. 195, 112; S. & 8.709.) Sec. 4088. [Report of secretary; his compensation.] The sec- retary shall, within five days after the adjournment of the institute, report to the state commissioner of common schools the number of teachers in attendance at the institute, the names of instructors and lecturers attending said institute, the amount of money received and disbursed by the committee and such other information relating to the institute as the commissioner may require; the secretary may be allowed compensation not to exceed ten dollars for making such report and for his services as secretary, to be paid out of the institute fund of the county, but no other compensation shall be allowed any officer or member of the executive committee ; on failure to make such report, the secretary shall forfeit and pay to the state the sum of fifty dollars. (95 v. 238; 1888, April n; 85 v. 192, 196; Rev. Stat. 1880; 7ov. 195, 112; S. &S. 709.) v Sec. 4089. [Forfeiture of committee's bond.] Upon the for- feiture of the committee's bond, the prosecuting attorney of the county shall prosecute an action thereon, in the name of the state, and collect any money which the committee may have failed to disburse accord- ing to law, and any penalty to which the committee may be liable under this chapter, and pay the same into the county treasury to the credit of the institute fund. (70 v. 195, 112.) Sec. 4090. [When school commissioner may hold institute.] When a teachers' institute has not been held within two years in any county, the commissioner of common schools may hold or cause to be held therein such institute; and the management thereof and all proceedings in relation thereto, shall be the same as hereinbefore provided, except that the written declaration required shall not be necessary. (70 v. 195, 114.) 150 OHIO SCHOOL LAWS. Ch. 13. Teachers' Institutes. Sec. 4091. [Teachers may dismiss school to attend institute; compensation for time, when allowed.] All teachers of the public schools within any county in which a county institute is held may dismiss their schools for one week for the purpose of attending such institute, and when such institute is held while the schools are in session the boards of education of all school districts are required to pay the teachers of their respective districts their regular salary for the week they attend the institute upon the teachers presenting a certificate of full regular daily attendance at said institute signed by the president and secretary thereof; the same to be paid as an ad- dition to the first month's salary after said institute by the board of education by which said teacher is then employed, or in case he is unemployed at the time of the institute, then by the board next em- ploying said teacher, provided the term of said employment begins within three months after said institute closes. (Passed and approved April 25, 1904.) Sec. 4092. [Institutes for city districts; number of days; pay- ment of expenses; appropriation by board of education.] The board of education of each city school district may provide for holding an institute yearly, for the improvement of the teachers of the common scjiools therein ; and general meetings of the teachers of any such city district held upon not less than four days in any year, whether con- secutive days or not, for the purpose of instruction, shall be deemed to constitute a teachers' institute for said city district within the meaning of this section ; the expenses of such institute shall be paid from the institute fund provided for by section forty hundred and eighty-four; and in addition to this fund the board of education of any district may expend annually, for the instruction of the teachers of said district in an institute or in such other manner as it may pre- scribe, a sum not to exceed five hundred dollars, the same to be paid from its contingent fund ; if the board of any district do not provide for such institute in any year, it shall cause the institute fund in the hands of the district treasurer for the year to be paid to the treasurer of the county wherein the district is situated, who shall place the same to the credit of the county institute fund, and the teachers of the schools of such district shall be entitled, in such case, to the ad- vantages of the county institute, subject to the provisions of the pre- ceding section; and the clerk of the board shall make the report of the institute required by section forty hundred and ninety-four. (Passed and approved April 25, 1904.) Sec. 4093. Repealed April 25, 1904. OHIO SCHOOL LAWS. 151 Teachers' Institutes. Ch. 13. Sec. 4094. [Number of days institutes must continue; reports.] All institutes held under the provisions of this chapter shall continue at least four days; and a report of the institute held in pursuance of the provisions of section forty hundred and ninety-two shall be made to the state commissioner of common schools within five days after the adjournment thereof, which shall state the number of teachers in attendance, the names of the instructors and lecturers, the total expenses of the institute, and the portion thereof paid from institute funds, and such other information relating to the institute as the com- missioner may require. (Passed and approved April 25, 1904.) 152 OHIO SCHOOL LAWS. Ch. 13a. State Normal Schools. CHAPTER Xllla. STATE NORMAL SCHOOLS. SECTION. I SECTION. 4094-1. State normal schools; location. 4094-2. Organization, control, instruction. 4094-3. Tax levy for "Ohio and Miami uni- versity fund." 4094-4. How funds distributed. 4094-5. State normal school commission, governor to appoint; duties. 4094-6. Commission to make report to gov- ernor. (4094-1) Sec. i. [State normal schools; location.] That there be and are hereby created and established two state normal schools to be located as follows: One in connection with the Ohio univer- sity, at Athens, and one in connection with the Miami university, at Oxford. (95 v. 45, March 12, 1902.) (4094-2) Sec. 2. [Organization, control, instruction.] The boards of trustees of said universities shall, not later than September, 1903, organize at their respective institutions a normal school which shall be co-ordinate with existing courses of instruction, and shall be maintained in such a state of efficiency as to provide proper theoretical and practical training for all students desiring to prepare themselves for the work of teaching; said normal schools, in each case, being under the general charge and management of the respective boards of trustees of said universities. (95 v. 45, March 12, 1902.) (4094-3) Sec. 3. [Tax levy for "Ohio and Miami university fund".] To enable the Ohio university and the Miami university to organize and support said normal schools there shall be levied annually a tax on the grand list of the taxable property of the state of Ohio, which shall be collected in the same manner as other state taxes and the proceeds of which shall be made a part of the "Ohio and Miami uni- versity fund," as already provided for (O. L., Vol. 92, pp. 40-41). The rate of such levy shall be designated by the general assembly at least once in two years, and if the general assembly shall fail to desig- nate the rate for any year, the same shall be for the said "Ohio and Miami university fund," one thirtieth (1-30) of one mill upon each dollar of the valuation of such taxable property. (95 v. 45, March 12, 1902.) (4094-4) Sec. 4. [How fund distributed.] The said "Ohio and Miami university fund," as herein described, shall be distributed and paid annually, seven-twelfths (7-12) thereof to the treasurer of the Ohio university upon the order of the president of the board of trustees of the said Ohio university and five-twelfths (5-12) thereof OHIO SCHOOL LAWS. 153 State Normal Schools. Ch. 13a. to the treasurer of the Miami university upon the order of the presi- dent of the board of trustees of said Miami university. (95 v. 45, March 12, 1902.) (4094-5) Sec. 5. [State normal school commission, governor to appoint.] The governor is hereby authorized and required, within ninety days after the passage of this act, to appoint a board, to be known as the state normal school commission,, consisting of four judicious citizens of the state, not more than two of whom shall be of the same political party, who shall serve without compensation, [Duties.] and whose duty it shall be to make investigation upon the need and advisability of the future establishment by the state of one or more additional normal schools, and to consider in what manner and to what extent existing educational institutions other than those now supported by the state can be made more active and effective in the better training of persons for service in the public schools. (95 v. 45, March 12, 1902.) (4094-6) Sec. 6. [Commission to make report to governor.] The state normal school commission shall, prior to the meeting of the seventy-sixth general assembly, (make full report of its findings and investigations to the governor, who shall upon the organization of the general assembly transmit to it said report with such recom- mendations as he may deem proper. (95 v. 46, March 12, 1902.) 154 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. CHAPTER XIV. COLLEGES AND UNIVERSITIES. SECTION. 4095. Common council of any munici- pal corporation may accept ed- ucational trusts. 40%. How trust funds to be applied. 4097. Trusteeship to vest In city, etc. 4098. Board of directors; how appointed. 4098-1. Appointment of trustees of uni- versities in Cincinnati supported by taxation in whole or in part. 4099. Powers of board; duties of city so- licitor. 4100. Citizens not to be charged for ad- mission of children; non-resi- dents may be admitted. 4101. Accounts of receipts and expendi- tures of endowment fund; how said fund may be invested. 4102. When board may confer degrees; certain universities denned. 4103. Site and grounds for universities. 4104. When and how tax may be levied. 4105. Trust funds, board of education to act as trustee in certain cases; tax levy. 4105-1. Providing for the sale of certain Ohio university lands. 4105-2. Owner to receive deed; form of. 4105-3. Validity of such deed. 4105-4. Registry of deed, etc., to be kept. 4105-5. Proceeds to be deposited In state treasury and become irreducible trust fund. 4105-6. Levy and collection of state tax upon lands donated to Athens, Ohio, university for use of said university. 4105-7. Tax in lieu of rents; tax collected from railroad companies not to include tax on rolling stock. 4105-8 (Repeal.) 4105-9. Establishment and name of Ohio State University. 4105-10. Style and powers of trustees. 4105-11. Further powers and duties. 4105-12. Who shall be admitted as pupils. 4105-13. Prerogative of the trustees. 4105-14. Officers of the board. 4105-15. Board may receive devises of land, etc. 4105-16. Title of lands to be vested In the state, etc. 4105-17. Attorney general to be legal ad- viser of the board. 4105-18. Location of the college; sundry provisos. 4105-19. Acceptance of ceded lands. 4106-20. Compensation for damages to lands may be demanded. 4105-21. Title of lands invested in trustees of agricultural college, etc. SECTION. 4105-22. Division of unsold lands into tracts, etc. ; tracts to be num- bered and appraised. 4105-23. To be sold at private or public sale ; contracts of sale to be re- corded, etc. 4105-24. Trustees of Ohio State University may erect residence for faculty. 4105-25. Acts repealed. 4105-26. Ohio State University; establish- ment of a school of mines; course of study; school appara- tus, etc. 4105-27. Employment and duties of in- structors; cabinet of specimens to be kept. 4105-28. Appropriations. 4105-29. Support of Ohio State University Law School. 4105-30. Ohio State University department of ceramics. 4105-31. Special instruction. 4105-32. Laboratory. 4105-33. Expert. 4105-34. Appropriations. 4105-35. Written analysis to be furnished by professor of chemistry at ag- ricultural college. 4105-36. To be known as "The Ohio State University." 4105-37. To be governed by board of seven trustees; how and by whom ap- pointed. 4105-38. Their terms of office; to be paid their expenses while engaged in discharge of duties. 4105-39. Powers and duties of board. 4105-40. Collections of specimens. 4105-41. Meetings of board of trustees. 4105-42. Report of trustees; when made and what to contain; printing and distribution of report. 4105-43. Funds from sale of land-scrip to form part of irreducible debt, Interest of same to be paid uni- versity. 4105-44. Board of trustees to fix compen- sation of faculty, teachers, etc. 4105-45. Branches prescribed at Ohio State University. 4105-46. Computation and Investment of interest. 4105-47. How interest Invested. 4105-48. Trustees of Ohio State University authorized to make certain deeds. 4105-49. Duty of auditor of state. 4105-50. Relief of persons who wrongfully paid for land in Virginia mili- tary district; duty of auditor of state. OHIO SCHOOL LAWS. 155 Colleges and Universities. Ch. 14. SECTION. 4105-51. Appropriations. 4105-52. Costs of obtaining 1 evidence. 4105-53. Report to general assembly. 4105-54. Normal and industrial depart- ment of Wilberforce University. 4105-55. Board of trustees; appointment by governor, etc.. 4105-56. Choosing of trustees by univer- sity board. 4105-57. Vacancies. 4105-58. Names of trustees chosen by uni- versity board to be certified to governor. 4105-59. Meetings of trustees; their ex- penses. SECTION. 4105-60. Powers and duties of trustees. 4105-61. Non-sectarian character of de- partment. 4105-62. Payment to university of state ap- proportions; bond of treasurer. 4105-63. Annual report, an estimate of ap- propriations. 4105-64. Power of member of general as- sembly to designate youth for free admission to such depart- partment. 4105-65. Appropriations; application of revenues. 4105-66. Annual appropriations for Wilber- force University. Sec. 4095. [Common council of any municipal corporation may ac- cept educational trusts.] The board of directors of the university, college or other educational institution of any municipal corporation, in the name and on behalf of such corporation, may accept and take any property or funds heretofore or hereafter given to such corpora- tion for the purpose of founding, maintaining or aiding a university, college or institution for the promotion of education, and upon such terms, conditions and trusts not inconsistent with law as the said board of directors may deem expedient and proper for that end. (Pass- ed April 23, 1904. Approved May 3, 1904.) Sec. 4096. [How trust funds to be applied.] For the further endowment, maintenance and aid of any such university, college or institution heretofore or hereafter founded, the board of directors thereof may, in the name and in behalf of such municipal corporation, accept and take as trustee and in trust for the purposes aforesaid any estate, property or funds which may have been or may be lawfully transferred to the municipal corporation for such use by any person, persons or body corporate having the same, or any annuity or endow- ment in the nature of income which may be covenanted or pledged to the municipal corporation, towards such use by any person, persons or body corporate ; and any person, persons or body corporate having and holding any estate, property or funds in trust or applicable for the promotion of education, or the advancement of any of the arts or sciences, may convey, assign and deliver the same to such -municipal corporation as trustee in his, their or its place, or covenant or pledge its income or any part thereof to the same ; and any such estate, property, funds or income shall be held and applied by such municipal corporation in trust for the further endowment, maintenance and aid of such university, college or institution, in accordance nevertheless with the terms and true intent of any trust or condition upon which the same was originally given or held. (Passed April 23, 1904. Approved May 3, 1904.) 156 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. Sec. 4097. [Trusteeship to vest in city, etc.] Upon such trans- fer and the acceptance thereof by the municipal corporation and its successors, as trustees shall become and be perpetually obligated and held to observe and execute such trust in all respects according to any other or further terms or conditions lawfully agreed upon at the time of such transfer and acceptance; and any court having jurisdic- tion of the appointment of trustees of such trust for educational purposes, may, in a proceeding for that purpose duly instituted and had, appoint and constitute such municipal corporation with the con- sent of its council, trustee of the estate, property and funds so trans- ferred to it, and may dispense with bond and surety upon the part of the municipal corporation for the performance of such trust, unless the same is required by the original terms or conditions thereof, and shall upon the due transfer and acceptance of such trust by the municipal corporation, release and fully discharge the trustee, or trustees so transferring the same; and any acceptance or acceptances by such municipal corporation of any or all property, funds, rights, trust estate or trusts heretofore given, granted, assigned, or otherwise con- veyed or transferred to, or bestowed upon any such municipal cor- poration or to or upon any such university, college or institution in good faith, and which are still held and retained by such municipal corporation, or any such university, college or institution, shall be held and deemed to be valid and binding as to all parties. (Passed April 23, 1904. Approved May 3, 1904.) Sec. 4098. [Board of directors; how appointed.] The custody and management of any and all estates, property, or funds so given, or transferred in trust to said city, and the entire administration of any and all such trusts so accepted by the common council thereof, and any university, college, or institution for the promotion of edu- cation heretofore or hereafter so founded in or by said city, except the common and high schools thereof, shall be committed to a board of nineteen directors, of whom the mayor of the city shall be one, and the others shall be appointed by the common council from per- sons of approved learning, discretion, and fitness for the office, six of whom shall be appointed from persons nominated to the com- mon council by the board of education of the city, and twelve from persons nominated to the common council by the superior court of said city, if there be such court ; the term of office of each director shall be six years. Such directors shall serve until the election or qualification of their successors ; and any vacancy in the board caused by expiration of term, resignation, removal, or any other cause, shall be filled by appointment herein provided for the unexpired term. The board of directors shall, at the first regular meeting in January, elect OHIO SCHOOL LAWS. 157 Colleges and Universities. Ch. 14. a chairman, who is hereby authorized to administer the oath of office to any director so appointed. (1889, April 13 ; 86 v. 292 ; 78 v. 178 ; Rev. Stat. 1880; 67 v. 86, 3.) (4098-1) [Appointment of trustees of universities in Cincinnati supported by taxation in whole or in part.] In cities of the first grade of the first class all vacancies in the board of directors or trustees of universities supported in whole or in part by public taxa- tion upon the property of such city, shall be filled by appointment by the judge or judges of the superior court of such cities where the same have a court; otherwise by the judge or judges of the common pleas court of the county in which such cities are located. (89 v. 31.) Sec. 4099. [Powers of board; duties of city solicitor.] As to all matters not herein or otherwise provided by law, such board of directors shall have all the authority, power and control vested in or belonging to such municipal corporation as to the management and control of the estate, property and funds, given, transferred, covenanted or pledged to the municipal corporation for the trusts and purposes aforesaid, and the government, conduct and control such university, college or institution ; it may appoint a clerk and all agents proper and necessary for the care and administration of the trust property, and the collection of the income, rents and profits thereof; it may appoint the president, professors, tutors, instructors, agents and servants necessary and proper for such university, college or institution, and fix their compensation ; it may provide all the neces- sary buildings, books, apparatus, means and appliances, and may pass all such by-laws, rules and regulations concerning the president, pro- fessors, tutors, instructors, agents, and servants, and the admission, government and tuition of students, as it may deem wise and proper, and it may, by suitable by-laws, delegate and commit the admission, government, management and control of the students, courses of studies, discipline and other internal affairs of such university, college or institution, to a faculty which the board of directors may appoint from among the professors. The solicitor of such municipal corporation shall, whenever re- quested so to do by resolution of said board, prosecute and defend, as the case may be, for and in behalf of the corporation, all com- plaints, suits and controversies in which the corporation or such board is a party, and which relate to any property, funds, trusts, rights, claims, estate or affairs, which shall or may be under the control or direction of said board, or which shall, in any manner, relate to the conduct or government of such university, college or institution. (Passed April 23, 1904. Approved May 3, 1904.) 158 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. Sec. 4100. [Citizens not to be charged for admission of children; non-residents may be admitted.] Citizens of such municipality shall not be charged for instruction in the academic department, except in professional courses therein. Such board of directors may charge fees to students in other departments and to students in professional courses in the academic department, and shall have power in its dis- cretion from time to time to make such university, college or insti- tution free in any or all of its departments to citizens of such county in which such university, college or institution may be located. The board of directors may in their discretion receive other students on such terms as to tuition or otherwise as they may see fit. (Passed April 23, 1904. Approved May 3, 1904.) Sec. 4101. [Accounts of receipts and expenditures of endowment fund; how said fund may be invested.] The accounts of such trust estate, property and funds, and of the income and expenditure thereof, shall be kept by the auditor of such municipal corporation entirely distinct from all other accounts or affairs of the municipal corporation, and the moneys shall be kept by the treasurer of the municipal cor- poration distinct from other moneys. And the said board of directors shall, at all times, confine their disbursements for current expenses within the income of the trust, estate, property and funds, and shall annually report to the mayor and council of such municipal corpora- tion a full statement of the accounts of administration of such trust and other funds ; and said board of directors is hereby authorized to invest any part of the funds belonging to, or set apart for the use of such university, college or institution, or to any department thereof, as it may, from time to time, deem proper, in bonds of the United States or of the State of Ohio, or of any municipal corporation in the State of Ohio, or any county or school district in the State of Ohio, or in any other bonds or first mortgage securities approved by the board of directors ; and said board is further authorized to use any funds under its control for the improvement of real estate belonging to, or set apart for the use of, such university, college or institution. (Passed April 23, 1904. Approved May 3, 1904.) Sec. 4102. [When board may confer degrees; certain universities defined.] The board of directors of such university, college or in- stitution, may, upon the recommendation of the faculty thereof, confer such degrees and honors as are customary in universities and colleges in the United States, and such others as with reference to the course of studies and attainments of the graduates in special depstrt- ments it may deem proper. A university supported in whole or in part by municipal taxa- tion, is hereby defined as an assemblage of colleges united under one OHIO SCHOOL LAWS. 159 Colleges and Universities. Ch. 14. organization or management, affording instruction in the arts, sciences and the learned professions, and conferring degrees. (Passed April 23, 1904. Approved May 3, 1904.) Sec. 4103. [Site and grounds for universities.] The council of any such municipal corporation may set apart, or appropriate as a site for the buildings and grounds of any such university, college or institu- tion, any public grounds of the city not especially appropriated or dedicated by ordinance to any other use, any other law to the contrary notwithstanding; and the board of education of any such municipal corporation may also, for a like purpose, set apart, convey or lease for a term of years, any grounds or building owned or controlled by such board of education. Any grant for the use of such grounds or buildings heretofore or hereafter made by any council or board of education, may be modified, changed or extended as to the time when the same shall take effect and be in force, or otherwise, by agreement between said council, or board of education, and the board of directors of such university, college or institution, and said council shall be taken and held to be the representative of such municipal corporation vested with the title, right of possession and entire control of such property for the purposes of a new grant. (Passed April 23, 1904. Approved May 3, 1904.) Sec. 4104. [When and how tax may be levied for universities in municipal corporations; astronomical observatory.] The council may assess and levy annually taxes on all the taxable property of such municipal corporation to the amount of three-tenths of one mill on the dollar valuation thereof, to be applied by said board to the support of such university, college or institution, and may also levy and assess annually five one-hundredths of one mill on the dollar valu- ation thereof, for the establishment and maintenance of an astronomi- cal observatory, or for other scientific purposes, to be determined by the board of directors and to be used in connection with such uni- versity, college or institution, the proceeds of which shall be applied by the board of directors for such purposes exclusively ; provided, however, that the taxes specified in this section shall only be levied and assessed when the chief work of such university, college or institution, is the maintenance of courses of instruction, in advance of or supplementary to the instruction authorized to be maintained in high schools by boards of education. Said levies shall be made by council at the same time, and in the same manner as other levies for other municipal purposes, and shall be certified by council, and placed upon the tax duplicate in the same manner as other municipal levies. The funds of any such university, college or institution shall 160 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. be paid out by the treasurer upon the orders of the board of directors and the warrant of the auditor. (Passed April 23, 1904. Approved May 3, 1904.) Sec. 4105. [Trust funds, board of education to act as trustee in certain cases; tax levy.] The custody, management and adminis- tration of any and all estates or funds, given or transferred in trust to any municipality for the promotion of education, and accepted by the council thereof, and any institution for the promotion of educa- tion heretofore or hereafter so founded other than a university as defined by this act, shall be committed to, and exercised by, the board of education of the school district including such municipality, and such board of education shall be held the representative and trustee of such municipality in the management and control of such estates and funds so held in trust and in the administration of such institution, excepting always such funds and estates held by any municipality which are used to maintain a university as defined by this act. And for the uses and purposes of such board of education in administering such trusts, the council of such municipality may annually levy taxes on all the taxable property of such municipal corporation to the amount of three-tenths of one mill on the dollar valuation thereof. (Passed April 23, 1904. Approved May 3, 1904.) OHIO UNIVERSITY. (4105-1) Sec. i. [Providing for sale of university lands.] The owner of the lands or town lots held under leases from the president and trustees of the Ohio University, or held under sale-leases or assignments by or under the original lessees, may pay to the treasurer for the time being of said university, such sum of money, as being put at interest at six per cent, will yield the amount of rent reserved in the original lease, or in case of a division of the original tract or parcel leased, will equal the proper aliquot part thereof, or the part agreed upon by the several owners ; providing, that such person so surrendering and releasing to said corporation shall pay the necessary expenses incident to such change of tenure, and procure the services of an agent to perform the necessary labor thereof ; and upon payment of such sum and of all rents due upon the land, the treasurer afore- said shall, on demand of such owner, give him a certificate of such payment. (80 v. 193.) (4105-2) Sec. 2. [Owner to receive deed; form of.] That such owner, upon such payment, shall be entitled to receive a deed of con- veyance for such land by him owned, to be signed by the president of said corporation, countersigned by its secretary, and sealed with the OHIO SCHOOL LAWS. 161 Colleges and Universities. Ch. 14. corporate seal of the university, conveying the premises in fee simple to such owner, or such owner may, at his option, demand and receive a certificate as aforesaid ; and the governor of Ohio, upon presentation thereof, shall execute and deliver to such owner, a deed in due form of law conveying the premises in fee simple to such owner. (80 v- I93-) (4105-3-) Sec. 3. [Validity of such deed.] That either of such deeds, so made, shall have the effect in law and in fact to vest in the grantee an absolute estate' in fee simple in the premises, subject, how- ever, to all liens, equities, or rights of third persons in, to or upon the premises. (80 v. 193.) (4105-4) Sec. 4. [Registry of deed, etc., to be kept.] It shall be the duty of such secretary to keep an accurate registry of all such payment, certificates and deeds, with an accurate description of the tract or lot of land so paid for or deeded ; and thereafter, the lands so deeded shall be subject to taxation, in like manner as other freehold estates in said county ; and the original leases therefor, in so far as re- gards the land so deeded, shall cease to have force or effect. (80 v. I93-) (4105-5) Sec. 5. [Proceeds to be deposited in state treasury, and become irreducible trust fund.] That it shall be the duty of the treas- urer of the Ohio University, on or before the first day of January, next, after said receipt of money, to deposit the same in the state treasury upon the certificate of the state auditor, and the sum so de- posited shall be added to the irreducible trust funds held by the state for education purposes, and interest thereon shall be paid semi- annually to the treasurer of said university, upon the requisition of the state auditor. (80 v. 10,3.) (4105-6) Sec. i. [Levy and collection of state tax upon lands donated to Athens University for use of said university.] Hereafter a state tax or a tax equal to the state tax upon like property, shall be levied and collected upon all lands donated to the Ohio University, sit- uated at Athens, Ohio, and held by lease from said university or by deed from the governor or the said university, including such parts of said lands as are or may be owned, occupied or used by railroad com- panies as roadbeds, roadways, station houses, or for other purposes ; and the said taxes when collected shall be paid over by the treasurer of Athens county, upon the warrant of the auditor of said county, to the treasurer of the Ohio University, for its use. (82 v. 115.) (4105-7) Sec. 2. [Tax in lieu of rents; tax collected from rail- road companies not to include tax upon rolling stock.] That the tax so to be collected upon lands so held by lease, shall be in lieu of so 11 s. L. 162 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. much of the rents due to the university ; and the tax so to be collected from railroad companies, and paid to the university, shall not include the tax upon rolling stock. (82 v. 115.) (4105-8) Sec. 3. [Repeal. | That the act entitled "an act to re- fund to the Ohio University certain funds in the state treasury, and to provide for the future payment of the claims of said university," passed March 25, 1875, be and is hereby repealed, saving however, all rights vested or required under said act. (82 v. 115.) OHIO STATE UNIVERSITY. (4105-9) Sec. i. [Establishment and style of college.] A col- lege, to be styled the Ohio Agricultural and Mechanical College, is hereby established in this state, in accordance with the provisions of an act of congress of the United States, passed July 2d, 1862, entitled "an act donating public lands to the several states and terri- tories which may provide colleges for the benefit of agricultural and mechanic arts," and said college to be located and controlled as here- inafter provided. The leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agricultural and mechanic arts. (67 v. 20.) (4105-10) Sec. 4. [Style and powers of trustees.] The trustees and their successors in office shall be styled the "Board of trustees of the Ohio Agricultural and Mechanical College," with the right as such, of suing and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure. (67 v. 20.) (4105-11) Sec. 5. [Further powers and duties.] The board of trustees shall have power to adopt by-la\.s, rules and regulations for the government of said college ; to elect a president ; to determine the number of professors and tutors, elect the same, and fix their salaries. They shall also have power to remove the president or any professor or tutor whenever the interests of the college, in their judgment, shall require ; to fix and regulate the course of instruction, and to prescribe the extent and character of experiments to be made. (67 v. 20.) (4105-12) Sec. 7. [Who shall be admitted as pupils.] The col- lege shall be open to all persons over fourteen years of age, subject to such rules and regulations and limitations, as to numbers from the several counties of the state, as may be prescribed by the board of trustees; provided, that each county shall be entitled to its just proportion, according to its population. The board may provide for courses of lectures, either at the seat of the college or elsewhere in the state, which shall be free to all. (67 v. 20.) OHIO SCHOOL LAWS. 163 Colleges and Universities. Ch. 14. (4105-13) Sec. 8. [Prerogative of the trustees.] The board of trustees shall have the general supervision of all lands, buildings, and other property belonging to said college, and the control of all expenses therefor; provided, always, that said board shall not con- tract any debt not previously authorized by the general assembly of the state of Ohio. (67 v. 20.) (4105-14) Sec. 9. [Officers of the board.] The board of trustees shall annually elect one of their number chairman, and in the ab- sence of the chairman shall elect one of their number temporary chairman, and shall have power to appoint a secretary, treasurer, and librarian, and such other officers as the interests of the college may require, who may or may not be members of the board ; and shall held their offices for such term as said board shall fix, sub- ject to removal by said board, and shall receive such compensation as the board shall prescribe. The treasurer shall, before entering upon the duties of his office give bond to the state of Ohio in such sum as the board may determine, which bond shall not be for a less sum than the probable amount that will be under his control in any one year, conditioned for the faithful discharge of his duties and the payment of all moneys coming into his hands, said bond to be approved by the attorney general of the state. (67 v. 20.) (4105-15) Sec. ii. [Board may receive devises of land, etc.] The board of trustees shall have power to receive, and hold in trust, for the use and benefit of the college, any grant or device of land, and any donation or bequest of money or other personal property, to be ap- plied to the general or special use of the college; all donations or bequests of money shall be paid to the state treasurer, and invested in the same manner as the endowment fund of the college, unless otherwise directed in the donation or bequest. (67 v. 20.) (4105-16) Sec. 13. [Title of lands to be vested in the state, etc.] The title for all lands for the use of said college, shall be made in fee simple to the state of Ohio, with covenants of seizin and warranty, and no title shall be taken to the state for the purposes aforesaid until the attorney general shall be satisfied that the same is free from all defects and incumbrances. (67 v. 20.) (4105-17) Sec. 15. [Attorney general to be legal adviser of the board.] The attorney general of the state shall be the legal adviser of said board of trustees, and he shall institute and prosecute all suits in behalf of the same, and shall receive the same compensation therefor as he is entitled to by law for suits brought in behalf of the asylums of the state. (67 v. 20.) (4105-18) Sec. 17. [Location of the college; sundry provisos.] It shall be the duty of the board of trustees to permanently locate said 164 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. agricultural and mechanical college upon lands, not less than one hun- dred acres, which in their judgment is best suited to the wants and purposes of said institution, the same being reasonably central in the state, and accessible by railroad from different parts thereof, having regard to healthiness of location, and also regarding the best interests of the college in the receipt of moneys, lands, or other properties don- ated to said college by any county, town, or individual, in considera- tion of the location of said college at a given place ; provided, it shall require a three-fifths vote of the trustees to make said location; and, provided further, that said location shall be made on or before the fifteenth day of October, 1870 ; provided, further, that any person act- ing as a trustee, who shall accept or receive, directly or indirectly, any sum or amounts from any person or persons, to use their influence in favor of the location of said college at any particular point or place, shall be held to be guilty of a misdemeanor, and on conviction thereof by any court of competent jurisdiction, shall be fined in any sum not less than one thousand nor more than ten thousand dollars ; provided, further, that in the location of said college the said trustees shall not in any event incur any debt or obligation exceeding forty thousand dollars ; and if, in their opinion, the interests of the college cannot be best promoted without a larger expenditure for the location than that sum, then they may delay the permanent location of the same until the third of Monday of January, 1871, and report their proceedings and conclusions to the general assembly; provided, further, that said college shall not be located until there are secured thereto for such location, donations in money, or unincumbered lands, at their cash valuation, whereon the college is to be located, or in both money and such lands, a sum equal to at least one hundred thousand dollars. (67 v. 120.) (4105-19) Sec. i. [Acceptance of ceded lands.] The unsurveyed and unsold lands ceded to the state of Ohio by a certain act of con- gress of the United States, approved February 18, 1871, situate and being in the Virginia Military district between the great Scioto and the Little Miami rivers in said state, be and the same are hereby accepted by the state of Ohio, subject to the provisions of said act. (70 v. 107.) (4105-20) Sec. 2. [Compensation for damages to lands may be demanded, etc.] The trustees of the Ohio agricultural and mechan- ical college are hereby authorized to demand from all persons who have destroyed or converted any timber growing upon the laiuN ceded to the state of Ohio, as stated in the act to which this is sup- plementary, since the date of said act of Congress ceding said lands to the state of Ohio, full compensation for the timber so destroyed OHIO SCHOOL LAWS. 165 Colleges and Universities. Ch. 14. or converted, and for all damages, and if payment shall be refused, to institute proper proceedings in the name of said Ohio Agricultural and Mechanical College, in any court of competent jurisdiction, to re- cover the same with damages and costs of suit; provided, that the provisions of this section shall not apply to timber taken from the one hundred and sixty acres by any person who shall obtain the title to the same under section three of this act. (70 v. 107.) (4105-21) Sec. 3. [Title of lands invested in trustees of agricul- tural college, etc.] The title of said lands is hereby vested in the trustees of the Ohio Agricultural and Mechanical College for the benefit of said college ; and said trustees are hereby required to cause a complete survey of said lands to be immediately made, and a cor- rect plat thereof to be returned to said trustees, and to ascertain and set off, in reasonably compact form, by accurate boundaries to each occupant who was in actual possession of and living upon any of said lands at the time of the passage of said act of Congress, as provided therein, or their heirs and assigns, a tract not exceeding forty acres ; and upon the payment, by the claimant, of the cost of surveying and making the deed, the said trustees shall make and deliver to said claimant a deed for said tract ; and if any such occu- pant shall have been in such actual possession of more than forty acres, and is desirous of holding the same, he shall be entitled to have in addition to said forty acres, any number of acres not exceeding, with said forty acres, the number of one hundred and sixty acres, to be in reasonably compact form, by paying for the sard excess over forty acres, the sum of one dollar per acre ; and if any claimant under the provisions of this act shall desire to purchase any tract of land adjoining said forty acres, not exceeding, including said forty acres, the amount of one hundred and sixty acres, of which said claimant shall have been in actual possession, but does not desire to purchase the same at one dollar per acre, said trustees, upon notice by said claimant, shall cause said tract or part of tract to be sold separate from other tracts of land at a valuation fixed upon by the appraisers named in this act, payable one-third at the date of the survey, and the residue in two equal annual installments, with interest at six per cent., payable annually, and upon full payment being made with the cost of survey and conveyance, said trustee shall make and deliver to such claimant, his or her heirs or assigns, a deed for said excess over said forty acres; provided, that any person claiming the benefit of the provisions of this section as occupant, shall comply in all re- spects with, and be subject to the provisions of the thirteenth section of the act of Congress, approved September 4, 1841, entitled an act to appropriate the proceeds of the sales of the public lands and to 166 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. grant pre-emption rights, and to the rules and regulations of the gen- eral land office of the United States relating to proof for the establish- ment of pre-emptor's claims ; provided, however, that the affidavit re- quired by said thirteenth section of said act of Congress may be made before any justice of the peace or other officer authorized to administer oaths. (70 v. 107.) (4105-22) Sec. 4. [Division of unsold lands into tracts, etc.; tracts to be numbered and appraised.] All the unsurveyed and un- sold lands in said military district, not occupied as aforesaid, shall be divided by said trustees into such tracts, not exceeding five hundred acres in any one boundary, as will be most advantageous, reference being had to the quality of said lands and the uses to which they will be applied ; the boundaries to all such tracts and divisions shall be accurately surveyed, and the lines of each tract plainly marked, and substantial stone monuments firmly placed at the principal cor- ners. The character of the soil, water courses, elevation of hills, tim- ber, ledges, or stratas of the Waverly building stone, iron ore, fire clay, and limestone, shall be fully noted by the surveyors on their plats and in their field books. All the tracts so divided and surveyed shall be numbered in consecutive order, commencing with the tracts in Adams county, and so continuing until all said lands in said dis- trict shall be platted and numbered ; which number shall be shown upon the plats, and the said plats shall correctly indicate all township lines. The said lands, when so divided, surveyed and numbered, shall be appraised in separate tracts at their true value in money, by three qualified freehold residents in said state, to be summoned by said trustees, or any committee of theirs. Said appraisers before entering upon their duties, shall take and subscribe an oath before competent authority honestly and impartially to appraise all such lands, and to perform all other duties in relation thereto ; they shall each be paid two dollars a day for their services, and their expenses allowed them ; they shall make due return of all their appraisements to said trustees, which, with all said plats and surveys, shall be de- livered by them to the auditor of state, and the same shall be recorded in the office of said auditor in suitable books to be provided for such purpose ; which, with all such original plats, surveys, and papers, shall form a part of the public records of the state in the hind de- partment of said office. (70 v. 107.) (4105-23) Sec. 5. [To be sold at private or public sale; con- tracts of sale to be recorded, etc.] And the said trustees are hereby authorized and required to sell all of said lands at public or private sale, at a price not less than the appraised value thereof, on such terms for cash and credit as may be agreed upon between the pur- OHIO SCHOOL LAWS. 167 Colleges and Universities. Ch. 14. chaser and said trustees, or any authorized agent of theirs ; provided, that the first payment shall, in every case, be not less than one-third of the appraised value of such tract ; all deferred payments shall bear six per cent, interest, to be paid annually, and said trustees may, in their discretion, extend subsequent annual payments through a period not exceeding five years. All public sales of said lands shall be by auction, at the front door of the court house of the county in which these lands so offered lie, after having been advertised five consecutive weeks in a newspaper published and generally circulated in such county; such notices of sale, shall contain a sufficient description of the premises to clearly identify the same, with a statement of the terms of payment and the amount of appraisement, and all such pub- lic sales shall be made at such times as said trustees shall deem ex- pedient; and in case such land or any tract thereof shall not sell for the amount of the appraisement at such public sale, then upon the same being again offered as aforesaid at public sale, the same may be sold for any sum not less than three-fourths of the appraisement ; provided, that no trustee of said college or appraiser of said land shall be the purchaser of any of said lands at any such sale or sales, either directly or indirectly. The said trustees shall cause all contracts for the sale of said lands to be printed or written in a book or books, stating the consideration and terms of all sales, which said contracts shall be signed in duplicate by the said trustees or any authorized agent of theirs, and by the p'urchaser or purchasers, one copy of which shall be preserved in said book, and the other shall be de- livered to the purchaser at the time the same shall be signed ; and every purchaser shall execute his promissory note or notes, with in- terest, payable as aforesaid, for all deferred payments, which notes shall be non-negotiable, and payable to said college at such place or places as may be directed by said trustees; and upon full payment being made by the purchaser, his heirs 'or assigns, for any such land, every such person shall be entitled to receive a conveyance therefor in fee simple by deed of said trustees, executed by the president of the board, under the corporate seal of said college ; and all lands dis- posed of under the provisions of this act, shall be returned by said trustees to the auditor of the counties in which they are situate, and by them be placed on the duplicate for taxation. (70 v. 107.) (4105-24.) [Trustees of Ohio State University may erect resi- dences for faculty.] The proceeds of the sales of such lands, or so much thereof as may be necessary, after the payment out of the same of all the necessary expenses of survey and sale remaining uncertified into the treasury of said state, may be used by said trustees in building and maintaining upon the lands of said university a suitable 168 OHIO SCHOOL LAWS. Oh. 14. Colleges and Universities. number of houses, adapted to use as family residences, for the use of members of the faculty of said university, for which use a fair and reasonable rent shall be paid to said university. Said buildings shall be erected under the provisions of title six of the Revised Statutes of Ohio ; and the said trustees shall annually report to the gov- ernor a detailed statement of receipts and disbursements in the ex- ecution of the trusts under the provisions of this act. (1882, April 17; 79 v. 144; Rev. Stat. 1880; 70 v. 107.) (4105-25) Sec. 7. [Acts repealed.] The act entitled an act to sell lands ceded to the state of Ohio by the Congress of the United States by act of Congress, approved February 18, 1871, passed March 26, 1872, and the act supplementary thereto and amendatory thereof, passed April 29, 1872, be and they are hereby repealed ; pro- vided, that the passage of this act shall in no wise affect the validity of the transactions erf said board of trustees, or rights vested in any person, under the provisions of said acts; and this act shall take effect and be in force from and after its passage. (70 v. 107.) (4105-26) Sec. i. [Ohio State University; establishment of a school of mines; course of study; apparatus, etc.] The trustees of the Ohio State University be and they are hereby required to estab- lish in said university, a school of mines and mine engineering, in which shall be provided the means for studying scientifically and experimentally the survey, opening, ventilation, care and working of mines; and said school shall be provided with a collection of draw- ings, illustrating the manner of opening, working, and ventilating mines, and with the necessary instruments for surveying, measuring air, examining and testing the noxious and poisonous gases of mines, and also with the models of the most improved machinery for ven- tilating and operating all the various [kinds] of mines with safety to the lives and health of those engaged. Said school shall also be provided with complete mining laboratories for the analysis of coals, ores, fire clays and other minerals, and with all the necessary appa- ratus for testing the various coals, ores, fire clays, oils, gases, and other minerals. (1888, April 4; 85 v. 155; Rev. Stat. 1880; 74 v. 216.) (4,105-27) Sec. 2. [Employment and duties of instructors; cabi- net of specimens to be kept.] Said trustees shall employ compe- tent persons to give instruction in the most improved and success- ful methods of opening, [and operating] surveying and inspecting mines, including the methods and machinery employed for extract- ing coal, ore, fire clay, oil, gas and other minerals from the pit's inruith and for facilitating the ascent and descent of workmen, the draining and freeing of mines from water, the causes of the vitiation of air, the quantities of fresh air required under various circumstances, OHIO SCHOOL LAWS. 169 Colleges and Universities. Ch. 14. natural ventilation, mechanical ventilation by flues and fans, and other ventilating machinery, the use of air engines, air compressors and coal cutting machinery ; also instruction in the various uses of coals, ores, fire clays, oils, gases and other minerals, and the methods of test- ing, analyzing and assaying such minerals ; also the methods em- ployed in metallurgical and other processes in the reduction of ores and in determining the qualities of metals, particularly iron and steel, as shown by practical and laboratory tests; and there shall be kept in a cabinet properly arranged for ready reference and ex- amination, suitably connected with said school of mines samples of the specimens from the various mines in the state, which may be sent for analysis, together with the names of the mines and their localities in the counties from which they were sent, and the analysis and a statement of their properties attached (it shall also be his duty to furnish analysis of all minerals found in the state and sent to him for that purpose by residents of this state). (1888, April 4; 85 v. 155 ; Rev. Stat. 1880; 74 v. 216.) (4105-28) Sec. 3. [Appropriation.] There is hereby appro- priated out of the general revenue fund the sum of three thous- and five hundred dollars to be expended in the equipment, support and maintenance of said school of mines as provided for in the first and second sections of this act. (1888, April 4; 85 v. 155; Rev. Stat. 1880; 74 v. 216.) (4105-29) Sec. i. [Support of Ohio State University law school.] The board of trustees of the Ohio State University are hereby author- ized and empowered to appropriate annually, for the period of ten years, to the support and maintenance of the school of law of the Ohio State University, out of the fund derived under section 3951 of the Revised Statutes of Ohio, amended March 20, 1891 (88 O. L., 159), a sum not exceeding five thousand dollars, in addition to the sum derived from the tuition fees of the students in said school of law. (90 v. 253.) (4105-30) Sec. i. [Ohio State University department of ceram- ics.] The trustees of the Ohio State University be and they are hereby required to establish in said university a department of ceram- ics, equipped and designed for the technical education of clay, cement and glass workers, in all branches of the art which exist in this state, or which can be profitably introduced and maintained in this state from the mineral resources thereof, including the manu- facture of earthenwares, stonewares, yellowwares, whitewares, china, porcelain and ornamental pottery, also the manufacture of sewer pipe, fireproofing, terracotta, sanitary claywares, electric conduits and specialties, firebricks and all refractory materials, glazed and 170 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. enameled bricks, pressed bricks, vitrified paving material, as well as the most economic methods in the production of the coarser forms of bricks used for building purposes ; also the manufacture of tiles used for paving, flooring, decorative wall-paneling, roofing and drain- ing purposes, also the manufacture of cement, concrete, artificial stone and all kinds of glass products and all other clay industries represented in our limits. (91 v. 164.) (4105-31) Sec. 2. [Special instruction.] Said department shall offer special instruction to clay workers on the origin, composition, properties and testing of clays, the selection of materials for differ- ent purposes, the mechanical and chemical preparation of clays, the laws of burning clays, the theory and practice of the formation of clay bodies, slips and glazes, and the laws which control the for- mation and fusion of silicates. (91 v. 164.) (4105-32) Sec. 3. [Laboratory.] Said department shall be pro- vided with an efficient laboratory designed especially for the practical instruction of clay workers in the list of subjects enumerated in the second section of this act, and also equipped to investigate into the various troubles and defects incident to every form of clay working, which cannot be understood or avoided except by use of such scien- tific investigation. Said laboratory shall be equipped with apparatus for chemical analysis, with furnaces and kilns for pyrometric and practical trials, with such machinery for the grinding, washing and preparation of clays for manufacture as is consistent with the char- acter of the department. (91 v. 164.) (4105-33) Sec. 4. [Expert.] Said trustees shall employ to con- duct this department of ceramics a competent expert, who shall unite to the necessary education and scientific requirements, a thorough practical knowledge of clay working, and not less than two years' actual experience in some branch of the art. It shall be his duty to teach the theoretical part of the subject and to conduct the laboratory for the instruction of students, and also to prosecute such scientific investigation into the technology of the various clay industries as may be practicable, and from time to time to publish the' results of his investigations in such form that they will be accessible to the clay workers of the state for the advancement of the art. (91' v. 164.) (4105-34) Sec. 5. [Appropriations.] There shall be hereafter appropriated out of the general revenues of the state the sum of five thousand dollars, to be expended. in the organization, equipment and maintenance of said department, as provided for in the first four sections of this act, for the current 'year, and there shall be appro- priated from the same fund the sum of two thousand five hundred dollars annually for two years for the s_alary, supplies and all other expenses of maintenance of said department. (91 v. 164.) OHIO SCHOOL LAWS. 171 Colleges and Universities. Ch. 14. (4105-35) Sec. 2. [Written analysis to be furnished by professor of chemistry at agricultural college.] It shall be the duty of the professor occupying the chair in the chemical and mechanical depart- ment of the Ohio agricultural and mechanical college, upon appli- cation,, to make and give a written analysis of such artificial fertil- izers as may be furnished to him for that purpose. (75 v. 91.) (4105-37) Sec. i. [To be known as "The Ohio State Univer- sity."] The educational institution heretofore designated as the Ohio Agricultural and Mechanical College shall be known and designated hereafter as "The Ohio State University." (75 v. 126.) (4105-37) Sec. 2. [To be governed by board of seven trustees; how and by whom appointed.] The government of said university shall be vested in a board of seven trustees, who shall be appointed by the governor of the state, with the advice and consent of the senate; but no trustee, or his relation by blood or marriage, shall be eligible to any professorship or position in the university, the compensation for which is payable out of the state treasury, or said college fund. (75 v. 126.) (4105-38) Sec. 3. [Their terms of office; to be paid their ex- penses while engaged in the discharge of duties.] The members of said board of trustees and their successors shall hold their offices for the term of seven years each ; provided, that the trustees first appointed under the provisions of this act shall hold their terms for one, two, three, four, five, six, and seven years, respectively, to be fixed by the governor in their commissions. In case a vacancy shall occur from death or other cause, the appointment shall be for the unexpired term. The trustees shall not receive any compensation for their services, but they shall be paid their reasonable and necessary ex- penses while engaged in the discharge of their official duties. (75 v. 126.) (4105-39) Sec. 4. [Powers and duties of board.] The board of trustees shall have power, and it is made their duty, to collect, or cause to be collected, specimens of the various cereals, fruits, and other vegetable products, and to have experiments made in their re- production upon the lands of the university, and to make report of the same, from year to year, together with such other facts as may tend to advance the interests of agriculture. (75 v. 126.) (4105-40) Sec. 5. [Collections of specimens.] The board of trustees shall have power, and it is hereby made their duty to secure and keep in the said university a collection of specimens in miner- alogy, geology, zoology) botany, and other specimens pertaining to natural history and the sciences ; and it shall be the duty of the pres- ident of the university to collect and deposit in the said university, 172 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. in such manner as shall be directed by the trustees, a full and com- plete set of specimens as collected by him and his assistants, together with a brief description of the character of the same, and where ob- tained; and the said specimens shall be properly classified and kept for the benefit of said university. (75 v. 126.) (4105-41) Sec. 6. [Meetings of board of trustees.] The first meeting of the members of the board shall be called by the governor, as soon after the appointment of said board as convenient, to be held at said university, in Columbus, Ohio. All succeeding meetings shall be called in such manner, and at such times as the board may prescribe. The said board shall meet at least three times annually, and at such other times as they may think necessary for the best inter- ests of the said university. A majority of the board of trustees present at any meeting shall constitute a quorum to do business; provided, a majority of all the board shall be required to elect or remove a president or professor. (75 v. 126.) (4105-42) Sec. 7. [Annual report of trustees; fiscal year; print- ing and distribution of report.] The board of trustees shall cause to be made on or before the first of October of each year a report to the governor of the condition of said university ; the amount of receipts and disbursements, and for what the disbursements were made; the number of professors, officers, teachers, and other employes and the position and compensation of each ; the number of students in the several departments and classes, and the course of instruction pur- sued in each ; also an estimate of the expenses for the ensuing year ; a statement showing the progress of the university, recording any improvements and experiments made, with their costs and the results, and such other matters as may be supposed useful. Said annual re- port shall be for the year ending June 30, and the said Ohio State University is hereby exempted from the provisions of section 172, Revised Statutes of Ohio. There shall be printed under the pro- vision of section 58 of the Revised Statutes of Ohio, as amended May i, 1891 (O. L. v. 88, p. 498), five thousand copies of the said annual report, to be distributed by the trustees in such manner as they shall deem best for the interest of said university. The president of said university shall transmit by mail one copy to the secretary of the interior, one copy to the secretary of agriculture, and one copy to each of the colleges which are, or may be endowed under the pro- visions of the act of congress of July 2, 1862. (90 v. 292 ; 75 v. 126.) (4105-43) Sec. 8. (Funds from the sale of land script to form part of irreducible debt; and interest of same paid to university.] All funds derived from the sale of land script issued to the state of Ohio by the United States, in pursuance of the aforesaid act of OHIO SCHOOL LAWS. 173 Colleges and Universities. Ch. 14. congress, together with the interest accumulated thereon, shall con- stitute a part of the irreducible debt of this state, the interest upon which, as provided by the act of February 10, 1870 (O. L., vol. 67, p. 15), shall be paid to the university by the auditor of state, upon the requisition of the commissioners of the sinking fund, issued on the certificate of the secretary of the board of trustees, that the same has been appropriated by said trustees to the endowment, support, and maintenance of the university, as provided in the act of congress aforesaid. (75 v. 126.) (4105-44) Sec. 9. [Compensation of president, professors, teach- ers, etc.J That said board of trustees shall fix the compensation for the president, professors, teachers and all other employes of the university; provided, that the compensation for the services of the professors shall not exceed twenty-five hundred dollars each per annum. (91 v. 74; 75 v. 126.) (4105-45) Sec. 10. [Branches prescribed at Ohio State Univer- sity.] It shall be the duty of the board of trustees, in connection with the faculty of the university, to provide for the teaching of such branches of learning as are related to agriculture and the mechanic arts, mines, and mine engineering, and military tactics, and such other scientific and classic studies as the resources of the fund will permit. (1880, April 15; 77 v. 227; Rev. Stat., 75 v. 126.) (4105-46) Sec. i. [Computation and investment of interest.] The auditor of state be and is required to compute the interest which has accrued and will accrue on the agricultural college scrip fund since the same has been sold, to July first, one thousand eight hundred and seventy, compounding the same by semi-annual rests on the first day of January and the first day of July in each year ; and on the fifteenth day of June eighteen hundred and seventy to transfer the sum so arising to the said college fund, and invest the same in the interest-bearing bonds of the state, in the same manner as the principal of the said fund is now invested. (67 v. 15.) (4105-47) Sec. 2. [How interest invested.] That on the first day of July, eighteen hundred and seventy, and every six months there- after (viz: on the first day of January and July, respectively) the auditor of state shall invest the interest of said funds falling due in the same manner as the principal now invested. (67 v. 15.) (4105-48) Sec. i. [Trustees of Ohio State University authorized to make deeds.] As soon as the board of trustees of the Ohio State University accepts the provisions hereinafter made, it is hereby author- ized and required to execute and deliver upon demand, a deed of con- veyance to the parties in possession under claim of title of any unpat- ented survey or part thereof, in said Virginia Military District; pro- 174 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. vided, however, that all applicants for such deed must furnish said trustees with a certified copy of the deed under which they claim, and if required, a certified copy of the unpatented survey in which their lands are situate, as the necessary evidence to satisfy the board that the same has never been patented, but has been occupied and improved by the said parties in possession or those under whom they claim title, for more than twenty-one years. Provided, also, that each applicant shall pay the board of trustees the sum of two dollars, as the cost of preparing and executing such deed. (86 v. 92.) (4105-49) Sec. 2. [Duty of auditor of state.] The auditor of state shall add the sum of one dollar per acre, reckoned by the num- ber of acres of land in each actual survey for all conveyances so made to that part of the irreducible debt of the state, which forms the en- dowment of said Ohio State University ; provided, that in cases where suit has been brought for the recovery oi said lands, persons demand- ing deeds of release, shall pay all court costs of such suits. (86 v. 92.) (4105-50) Sec. i. [Relief of persons who wrongfully paid for lands in Virginia Military District; duty of auditor of state.] All per- sons who were in possession of lands in the Virginia Military District under claim of title of an unpatented survey or part thereof, said lands having been occupied and improved by said persons in possession or those under whom they claim title for more than twenty-one years and were compelled by suit, or the fear thereof, to pay the Ohio State Uni- versity for said lands, are hereby authorized to present a statement of the amount of money so paid by them, together with all the facts re- lating to the land held by them and their title thereto, to a board com- posed of the secretary of state, auditor of state and attorney general, who are hereby authorized and empowered to examine such statements and call for and examine such other testimony as they see fit, and if upon such examination said board are satisfied that said persons are justly entitled to relief as those persons were who have obtained relief under the provisions of the aforesaid act, then said board shall deter- mine how much said party has wrongfully paid and issue an order to the auditor of state directing him to draw his warrant on the treasurer of state for the said amount in behalf of the person filing said state- ment ; provided, that where such claims have been heretofore as (or) shall hereafter be allowed by said board, the auditor of state shall add the amount thereof to that part of the irreducible debt of the state which constitutes the endowment fund of said Ohio State University. (91 v. 375; 90 v. 221.) (4105-51) Sec. a. [Appropriation.] That there be and is hereby appropriated, out of any money in the state treasury accredited to the fund of the Ohio State University, the sum of twelve hundred and ninety-six dollars to pay said warrants. (90 v. 221.) OHIO SCHOOL LAWS. 175 Colleges and Universities. Ch. 14. (4105-52) Sec. 3. [Costs of obtaining evidence.] That persons filing such statements shall pay all the costs incurred in obtaining evi- dence. (90 v. 221.) (4105-53) Sec. 4. [Report to general assembly.] Said board shall report all its proceedings to the general assembly. (90 v. 221.) W1LBERFORCE UNIVERSITY (4105-54) Sec. i. [Normal and industrial department at Wilber- force University.] There shall be established and maintained at Wil- berfore University, in Greene county, Ohio, a combined normal and industrial department. (84 v. 127.) (4105-55) Sec. 2. [Board of trustees; appointment by governor, etc.] To carry out the purposes of this act, there shall be and hereby is created a board of nine trustees to be known as "the board of trus- tees of the combined normal and industrial department at Wilberforce University," five shall be appointed by the governor by and with the consent of the senate, and three shall be chosen by the board of trustees of said university. The president of the university shall be ex-officio a member of said board. The trustees so to be appointed by the gover- nor, as aforesaid, shall be appointed, on or before the first day of May, 1896, and they shall hold their office respectively as follows: One for one year, two for two years, and two for four years the term of such to begin to run from July first, 1896 ; said term shall be designated by the governor in his message of appointment to the senate and in the commission issued to said trustees. At the session of the senate next preceding the expiration of the term of any trustee, the governor shall appoint his successor for the term of four years ; and every appoint- ment of the governor under this act shall be submitted to the senate for confirmation. (92 v. 275; 89 v. 368; 87 v. 215; 84 v. 127.) (4105-56) Sec. 3. [Choosing of trustees by university board.] The three trustees to be chosen as aforesaid by the board of trustees of said university shall be chosen at the first regular meeting of said board in June, 1892, after the passage of this act; and the three so chosen at such meeting, shall hold their offices, respectively, as follows : One for one year, one for two years, and one for three years, and the term of each to begin to run from the third Thursday in June, 1892. In anticipation of the expiration of the term of any trustee so chosen, the said university board shall, annually thereafter at its regular meeting choose his successor, who shall hold his office for (the) term of three years. (89 v. 368; 84 v. 127.) (4105-57) Sec. 4. [Vacancies.] In case a vacancy in that por- tion of the board so appointed by the governor or chosen by the uni- versity board shall occur from death, resignation, or other cause, the 176 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. appointment or selection to 'fill such vacancy shall be made in the one case by the governor, and in the other by the executive board of said university for the unexpired term. (84 v. 127.) (4105-58) Sec. 5. [Names of trustees chosen by university board to be certified to governor.] It shall be the duty of the secretary of the said university, immediately upon choice being made by the university board of three trustees as aforesaid, to certify to the governor, under the seal of said university, the names of the per- sons so chosen as trustees under this act, with their terms, respec- tively ; and also the name of the person chosen by said executive board at any time to fill a vacancy. (84 v. 127.) (4105-59) Sec. 6. [Meetings of trustees; their expenses.] The board of trustees created under this act shall meet in regular ses- sion at said university twice a year; the first meeting shall be on the third Thursday in June, and the second on the first Thursday in November of each year; but other meetings may be held at such places and times as a majority of the board may determine. The said trustees shall receive no compensation, but shall be reimbursed their traveling and other reasonable and necessary expenses out of appropriations under this act. (89 v. 368; 84 v. 127.) (4105-60) Sec. 7. [Powers and duties of trustees.) Jt shall be the 'duty of said board of trustees created under this act to take, keep and maintain exclusive authority, directions, supervision and control over the operations and conduct of said normal and industrial department, so as to assure for it the best attainable results with the aid hereby secured to it from the state. Said board shall determine the branches of industry to be pursued, purchase, through a suitable and disinterest- ed agent, the necessary means and appliances, select a superintendent for the industrial branch of the department, fix his salary and prescribe his duties and authority. The expenditures of all moneys appropriated under this act for carrying out its purposes and provisions, shall be made only under such regulations and for such specific purposes not herein provided for, as the board of trustees of said department shall establish ; but no money hereby appropriated by the state shall be used at any time for any purpose not in direct furtherance and pro- motion of the objects of the department. (84 v. 127.) (4105-61) Sec. 8. [Non-sectarian character of department.] No sectarian influence, direction or interference in the management or conduct of the affairs or education of said department shall be per- mitted by its board ; but its benefits shall be open to all applicants of good moral character and within the limitations of age determined by said board. (84 v. 127.) OHIO SCHOOL LAWS. 177 Colleges and Universities. Ch. 14. (4105-62) Sec. 9. [Payment to university of state appropria- tions ; bond of treasurer.] Upon the certificate of the board of trustees of said department that the necessary steps have been taken by the board of trustees of said university to co-operate with the department trustees in carrying out the purposes of this act by granting the use of its buildings, grounds and educational facilities, there shall be paid to the treasurer of said department, semi-annually, one-half of such amounts as may be annually appropriated by the general assembly for the purposes therein named. The treasurer of said department shall give to the state of Ohio a bond to be approved by the attorney general in the sum of twenty thousand dollars, 'con- ditioned that he shall faithfully discharge his duties and account for any money coming into his hands from the state of Ohio. (92 v. 275 ; 84 v. 127.) (4105-63) Sec. 10. [Annual report, and estimate of appropria- tions.] The board of trustees shall cause to be made on or before the first day of December, eighteen hundred and eighty-eight (and) each year thereafter, a report to the governor of the condition, prog- ress and results of said department, with an estimate of what appro- priation shall be required to secure the objects of this act. (84 v. 127.) (4105-64) Sec. ii. [Designation of pupils by members of general assembly.] Each senator and representative of the general assembly of the state of Ohio may designate one or more youth resident of his district who shall be entitled to attend the said normal and in- dustrial department free of tuition. (92 v. 275 ; 84 v. 127.) (4105-65) Sec. 12. [Appropriations; application of revenues.] For the purpose of carrying out the provisions of this act there shall be levied annually a tax on the grand list of taxable property of the state, which shall be collected in the same manner as other state taxes, and the proceeds of which shall constitute "the fund of the com- bined normal and industrial department at Wilberforce university." The rate of such levy shall be designated by the general assembly at least once in two years, and if the general assembly shall fail to designate the rate for any year, the same shall be for the said fund of the "combined normal and industrial department of Wilberforce university" two-hundredths of one mill upon each dollar valuation of such taxable property for the year 1900 and one-hundredth of one mill thereafter. The same shall be paid to the treasurer of the normal and in- dustrial department at Wilberforce university in accordance with the provisions of section twelve of said act. All revenue arising from tuitions, sales of products or otherwise under the aforesaid department shall be applied by its board of trustees to defray its expenses, or to 178 OHIO SCHOOL LAWS. Ch. 14. Colleges and Universities. increase its efficiency, a strict account of which, shall be kept by the depart- ment board, and accompany the report to the governor. (94 v. 598; 92 v. 1 56; 84 v. 127.) (4105-66) Sec. i. [Additional appropriations for Wilberforce University.] There is hereby appropriated out of any moneys in the treasury to the credit of the general revenue fund not otherwise appropriated, for combined normal and industrial department at Wil- berforce University, two thousand dollars, the same being the bal- ance due said institution under the provisions of an act passed March 19, 1887. And this amount shall be in full of all claims against the state by said university. (86 v. 392.) OHIO SCHOOL LAWS. 179 Schools specially endowed. Ch. 15. CHAPTER XV. SCHOOLS SPECIALLY ENDOWED. SECTION. 4105-67. Courts of common pleas to ap- point trustees for schools spe- cially endowed; powers of trus- tees. 4105-68. Filling vacancies. 4105-69. Duties of trustees. SECTION. 4105-70. Same; oath; bond. 4105-71. Accounts to be rendered. 4105-72. Visitors. 4105-73. When to take effect. (4105-67) Sec. i. [Courts of common pleas to appoint trustees for schools specially endowed; powers.] 'Whenever any person shall, by deed, devise, gift or otherwise, set apart any lands, moneys or effects, as an endowment of a school or academy, not previously es- tablished, and shall not provide for the management of such school or academy, the court of common pleas of the proper county shall appoint five trustees, who shall have the control and management of the property, moneys, and effects, so set apart, and of the school or academy thus endowed, and shall hold their offices for five years, and until their successors are elected and qualified ; but in making the first appointment the court shall appoint one trustee for one year, one for two years, one for three years, one for four years, and one for five years. The trustees shall be a body corporate, with perpetual succession, and by such name as may be ordered by the court making the first appointment; may sue and be sued; have a corporate seal and the same alter or change at pleasure, and may hold all kinds of estates, real and personal, and mixed, which they may acquire by pur- chase, donation, devise or otherwise. (53 v. 33; S. & C. 1383.) (4105-68) Sec. 2. [Filling vacancies; removal.] The said court shall annually appoint one trustee, to fill the vacancy then occurring; and at any other time fill vacancies that may occur from any cause, for the unexpired term ; said court shall also have power upon sufficient cause shown, reasonable notice of the time and place of hearing having been given to the party interested, remove any trustee, and may, until a hearing be had, suspend a trustee in the exercise of his office. (53 v. 33; S. & C., 1383.) (4105-69) Sec. 3. [Duties of trustees.] The trustees shall have power to establish, from time to time, rules and regulations for the management and safekeeping of the .property, moneys, and effects, belonging to the trust, and the expenditure of the income thereof, and also for the management and government of the school or academy ; which rules and regulations shall not be inconsistent with the terms of the deed, devise or gift, creating the endowment, or with the laws 180 OHIO SCHOOL LAWS. Ch. 15. School^ specially endowed. of this state ; they shall not, at any time, or for any cause, incur any debt or liability, beyond the net income of the trust property, moneys, and effects, or use or appropriate the same, otherwise than to invest for the purpose of income, any part of the principal thereof, unless expressly authorized so to do by the terms of the deed, devise or gift, creating the endowment of trust. (53 v. 33 ; S. & C. 1383.) (4105-70) Sec. 4. [Same; oath; bond.J The trustees shall, im- mediately after their appointment, organize by appointing a presi- dent, secretary, and treasurer, from their own number, and shall sev- erally take and subscribe an oath to faithfully discharge the duties of trustees, and deposit the same with the county auditor. They shall, also, before taking possession of the property, moneys, or effects, constituting the endowment or trust, severally give bond, in such sum as the court may require, with two or more sufficient sureties, to be approved by a judge of said court, whose approval shall be endorsed on the bonds, conditioned for the faithful management of the prop- erty, moneys, and effects, intrusted to them and accountability there- for in such form as the court or judge may require; and the court may, from time to time, require additional bonds and surety, as may appear necessary for the preservation of the trust estate. The bonds required shall be payable to the state of Ohio, and deposited in the office of the county auditor for safe keeping. (53 v. 33 ; S. & C. 1383.) (4105-71) Sec. 5. [Accounts to be rendered.] The trustees shall, on the second Monday of September, in each year, and at such other times as the court may require, render a full and accurate account, statement, and exhibit, of the condition of the 'school or academy under their management, and the condition of the trust estate and funds; and shall cause the same to be published in such form as the court may direct; which account, statement, and exhibit, shall be sworn to by the president, secretary, and treasurer, or some two of them. (53 v. 33 1 S. & C. 1383.) (4105-72) Sec. 6. [Visitors.] The court of common pleas of the proper county shall, annually, at the first session after the second Monday in September, appoint three competent and disinterested per- sons, who shall have authority to visit any such school or academy and examine the same, together with the condition of the trust estate or endowment, and shall report thereon to the court making the ap- pointment. The court shall also authorize such other visitations and examinations as may appear to be necessary. (53 v. 33; S. & C. 13830 (4 I0 5-73) Sec. 7. [When to take effect.] This act shall apply to endowments heretofore created, as well as to those hereafter created, and shall take effect from and after its passage. (53 v. 33; S. & C. 13830 OHIO SCHOOL LAWS. 181 Colleges and Institutions of Learning. Ch. 14. TITLE II. CHAPTER XIV. COLLEGES, AND INSTITUTIONS OF LEARNING. SECTION*. 3726. Certain corporations may appoint a faculty and confer degrees. 3727. May hold donated property in trust. 3728. Who constitute the faculty; its powers. 3729. May teach mechanics and agricul- ture. 3730. May change stock into scholar- ships. 3731. Location may be changed, and how. 3732. When and how college endowment fund diverted. 3733. How vacancies in boards filled in certain cases. 3734. Certain corporations may increase their property; bonds. 3735. Statement to be made and filed- 3736. How certain boards may be consti- tuted and governed. 3737. Trustees to be divided into classes. 3738. Term of office of trustees; how va- cancies filled. 3739. When the board is to be enlarged. 3740. When the number in a class is to be reduced. 3741. A conference may become a patron by consent of other bodies. 3742. Patronizing bodies may appoint visitors. 3743. W T hen the right of representation shall cease. 3744. What action the board must first take. 3745. Quorum; how constituted. 3746. Certain corporations may have benefit of subsequent provisions. 3747. Alumni may elect trustees and ap- point visitors. 3748. Conduct of election. 3741>. Returns of election, and certificates. 3750. Endowment fund corporation. 37~>l. How certain boards may be con- stituted and governed. 3751a. Increase in number of trustees of certain corporations. 3751 b. Incorporation of colleges under ec- clesiastical patronage; what ar- ticles shall contain. 3751c. Existing corporations may avail themselves of provisions of act; how. SECTION. 3752. Classes and election of trustees; president ex-officio member of board; term; vacancies; increase in board. 3753. Assessments may be made against stockholders. 3754. Meeting of stockholders, and no- tice thereof. 3755. Meeting may fix amount of as- sessment. 3756. How much may be assessed, and collection thereof. 3757. The board of .military academies; how constituted, etc. 3758. Board of visitors; how constituted. 3759. Duties of board of visitors. 3760. How the term of office of trustees and directors may be fixed. 3761. Certain corporations may change location. 3762. Sale and distribution of the prop- erty of certain corporations. 3762a. Certain colleges, whose articles of incorporation are not on file In the office of the secretary of state, may file same there and amend. 3762b. Colleges may change name and purpose; when; procedure. 3763. Under what restrictions medical colleges and teachers may re- ceive bodies for dissection; body to be deliverea to claimant; in- terment of body after examina- tion or dissection; notification to relatives; penalties. 3764. Penalty for having unlawful pos- session of corpse. 3765. (Repealed.) 3766. (Repealed.) 3'<67. Organic rules which may be pre- scribed in certain articles of in- corporation. 3768. May add to the objects of the cor- poration; acceptance of statutory provisions. 3768-1 Authorizing certain mechanics' In- stitutes to borrow money; liabil- ity of directors and trustees. 3768-2. Directors not personally liable. 3769. Accounts of receipts and disburse- ments. 3770. Trustees ineligible to other office. ::771. Attorney general may, by action, enforce duties of officers. :i771association or denomination, whether the same be 190 OHIO SCHOOL LAWS. Ch. 14. Colleges and Institutions of Learning. a conference, association, presbytery, synod, general assembly, con- vocation or otherwise, the right to appoint its trustees or directors, or any number thereof; and it is further authorized and empowered to set forth in its articles or certificate of corporation, such other rights as to the administration of the purpose for which it is organized, and not inconsistent with the laws of this state or of the United States, as said incorporation may desire to confer upon said ecclesiastical body of such religious sect, association or denomination and the said eccles- iastical body of such religious sect, association or denomination shall possess and exercise all rights and powers to set forth in said articles or certificate of corporation. (94 v. 331.) Sec. 375ic. [Existing corporations may avail themselves of pro- visions of act; how.] Any corporation formed for the promotion of academic, collegiate or university education, under religious influ- ences, which has been incorporated under the laws of this state, whether by special act of the legislature or otherwise, may avail itself of the provisions of the preceding section, as a part of its articles or certificate of incorporation, and may confer on any ecclesi- astical body of such religious sect, association or denomination, as it is now, or proposes to be connected with, whether the same be a conference, association, presbytery, synod, general assembly, con vo- cation or otherwise, any or all the rights, powers or privileges pro- vided by the preceding section to be conferred on corporations here- after organized, and may accept the provisions of such preceding section by a vote of the majority of the trustees of such corporation at any regular meeting; and when so accepted, a copy of said ac- ceptance, certified by the secretary or clerk of its board of trustees or directors, shall be sent to the ecclesiastical body with which it is now or proposes to be connected ; if such ecclesiastical body agree to accept the powers proposed to be conferred upon it, it shall certify its approval upon such certified copy sent to it, and the same shall thereupon be filled in the office of the secretary of state ; and, when so filed, the same shall become and be a part of the charter of said corporation ; and said ecclesiastical body of such religious sect, asso- ciation or denomination, whether the same be a conference, associa- tion, presbytery, synod, general assembly, convocation or otherwise, shall possess and exercise all the rights and powers so set forth in said articles or certificate of corporation. (94 v. 331.) Sec. 3752. [Classes and election of trustees; president ex-officio a member of the board; term; vacancies; increase in board.] After such acceptance the board shall certify the same to the patronizing conference or other religious body having the right to elect or ap- point trustees of such university or other institution of learning, at OHIO SCHOOL LAWS. 191 Colleges and Institutions of Learning. Ch. 14. the next meeting of such conference or other religious body; and thereafter the board shall consist of twenty-one trustees elected or appointed, and the president of such university or other institution of learning, who shall be ex-officio a member of the board ; such elected or appointed trustees shall be divided into three classes of seven members each. At the first election or appointment after such acceptance, one of such classes shall be elected or appointed for one year, one for two years and one for three years, and in all sub- sequent elections or appointments each of the classes of trustees shall be elected or appointed for three years, but no term of office of any such trustee shall expire during any meeting of the board which does not continue more than two weeks. Ten members of the board shall constitute a quorum, and all vacancies which occur in any class of trustees otherwise than by expiration of the term of office, shall be filled only for the remainder of the term; provided, that any such university or other institution of learning, having heretofore accepted the provisions of orignal sections 3751 and 3752, may increase its board of trustees by electing or appointing two additional members in each of the classes of trustees herein provided for. (1888, March 30; 85 v. 140, 141 ; Rev. Stat. j88o; 69 v. 180, 2, 3; 70 v. 157, i.) Sec. 3753. [Assessments may be made against stockholders.] The proportion that each stockholder of any college, academy, uni- versity, seminary, or other institution for the promotion of educa- tion, shall be required to pay to meet the debts and liabilities of the corporation, may be determined and collected in the manner pro- vided by the three succeeding sections. (58 v. 20, i ; S. & S. 108.) Sec. 3754. [Meeting of the stockholders, and notice thereof.] The trustees of any such corporation desiring to avail themselves of such provisions shall call a meeting of the stockholders for the purpose of determining what amount of the indebtedness of the cor- poration shall be paid by each stockholder; and they shall give thirty days' notice to the stockholders, in writing, or by publication in some newspaper of general circulation in the county where the corporation is located, of the time, place, and purpose of the meet- ing, at which the trustees shall submit a detailed statement showing the assets and indebtedness of the corporation. (58 v. 20, 2, 3; S. & S., 108.) Sec. 3755. [Meeting may fix amount of assessment.] A majority in interest of the stockholders present at such meeting may determine what amount of the indebtedness of the corporation shall be paid by each stockholder, and fix the time or times, and the mode, for the pay- ment of the amount of money assessed against each stockholder ; but these provisions shall not interfere with or abridge the right of any 192 OHIO SCHOOL LAWS. Cli. 14. Colleges and Institutions of Learning. creditor of the corporation to institute any proceedings authorized by law to enforce the liability of stockholders. (58 v. 20, 4; S. & S., 108.) Sec. 3756. [How much may be assessed, and collection thereof.] The assessments shall be pro rata upon the stock subscribed or other- wise acquired by each stockholder, and in no case shall exceed the amount for which each stockholder is or may be liable by law ; and a stockholder who fails to pay, as required by the assessment, the amount so assessed against him, shall be liable in a civil action, to be brought in the name of the corporation, for the recovery thereof, as in other cases of indebtedness. (58 v. 20, 5, 6; S. & S. 108, 109.) Sec. 3757. [The board of military academies; how constituted, etc.] The academic board of an institution incorporated for military and polytechnical education shall consist of the superintendent of the institution, the commandant of cadets, and the professors, and may make and enforce rules and regulations for the government of cadets ; but such rules and regulations must be first submitted to and approved by the governor of the statje. (64 v. 239, i, 2; S. & S., 109.) Sec. 3758. [Board of visitors; how constituted.] The board of visitors of such institution shall consist of the governor who shall be ex-officio a member and the president of the board, of two other per- sons to be named by the governor, and such other persons as the superintendent of the institution may appoint. (64 v. 239, 3 ; S. & S. 1 10.) Sec. 3759. [Duties of board of visitors.] The board of visitors shall meet annually at the institution, on the first day of the annual commencement exercises, and examine into the condition of the classes, quarters, and commons, and the discipline, drill, records of standing in study, and conduct of the cadets, and shall report on same to the legislature at its next annual session ; but the board of visitors, or any member thereof, may visit and inspect the institution at any time. (64 v. 239, 4; S. & S. no.) Sec. 3760. [How the term of office of trustees and visitors may be fixed.] At a regular meeting for the election of directors or trustees of any college or other institution of learning, the authori/.ed voters may determine, by vote, whether the election of directors or trustees shall be held annually, if the term of their election is for a longer period than one year, and also what proportion of the entire board shall be elected annually; at the first election held under the provisions of this section the voters shall designate upon their bal- lots who shall serve for one year, who for two years, and who for .three years; and vacancies caused by expiration of term of office shall be filled by election annually thereafter. (70 v. 125, i.) OHIO SCHOOL LAWS. 193 Colleges and Institutions of Learning. Ch. 14. Sec. 3761. [Certain corporations may change location.] The trustees of colleges and other institutions of learning not endowed by voluntary contributions, which have been established under special acts of incorporation, and which by the provisions of such acts are located at particular places, may change the location thereof to such other places as they may deem proper, and erect and maintain acad- emies and other schools auxiliary thereto. (70 v. 248, i.) Sec. 3762. [Sale and distribution of the property of certain cor- porations.] The trustees of any university, college, or other institu- tion of learning, incorporated by the authority of this state under special charter, owned in shares or stock subscribed or taken, may dispose of its property at public sale, upon such terms as to payment as the stockholders thereof, by a vote of three-fourths of the shares or stock of the institution, may direct, after giving public notice of the same, by publication, for six consecutive weeks in some news- paper published in the county where the institution is located, if one is published therein, and if not, then in some newspaper published in this state, and of general circulation in such county, which notice shall contain a full statement of the terms, time, and place of sale, and the action of the trustees as aforesaid; and the trustees may close up the corporate existence of such institution, and make an equitable division and distribution of the proceeds of the sale among all the holders of shares or stock, after- the payment of the just debts of the corporation. (67 v. 24, i.) Sec. 37620. [Certain colleges, whose articles of incorporation are not on file in the office of the secretary of state, may file same there and amend.] The trustees of any university, college or institution of learning, incorporated by the authority of this state, or under the gen- eral corporation laws thereof, owned in shares of stock subscribed and paid up in full, by a majority of the owners of such stock, for the sole purpose of promoting education, religion and morality, or the fine arts, exclusively among males or females, may, on the written petition of the owners of the majority of such stock filed before them, or on the vote of the owners of the majority of such shares of paid up stock at any general meeting of the stockholders called for such purpose, after thirty days' notice published in some newspaper pub- lished and of general circulation in the county, by the board of trus- tees, may change the name and enlarge the purposes and objects of any such university, college or institution, by amendments to its charter, approved by the owners of the majority of such stock for the change of the name and the enlargement of the purpose and object of such uni- versity, college or institution of learning, so that all the educational rights and privileges thereof may be bestowed in the co-equal and co- 13-S. L. 194 OHIO SCHOOL LAWS. Ch. 14. Colleges and Institutions of Learning. ordinate education of both sexes. When such amendment is adopted and the original articles of incorporation of said corporation have not been filed and recorded in the office of the secretary of state, a copy of such amendment and copy of the original articles of incorporation of said cor- poration, with a certificate to each of them thereto affixed, signed by the president and secretary of said corporation, and sealed with the corporate seal, if any there be, stating the fact and date of the adop- tion of such amendment, and that such copy of said amendment, and that such copy of said original articles of incorporation of said cor- poration are and is a true copy of the originals, shall be recorded in the office of the secretary of state, and when so recorded, and not until then, said amendment shall become and be in law the sole articles of incorporation of said corporation ; and all the property, real and personal and the title thereunto, and all the rights and credits, shares of stock, and rights of stockholders, corporate franchises, and all endowment fund or funds, or gift or bequest, or legacies or mort- gage securities and promissory notes, and rights of every kind be- longing to, vested in or claimed, or possessed by the said original corporation, shall by said amendment pass to, be assigned and trans- ferred and vested in and held, enjoyed and exercised by the said cor- poration named, created and organized by said amendment for the promotion of all the objects and purposes of its creation and organi- zation. For recording such amendments and copies of such original articles of incorporation, and for furnishing a certified copy or copies thereof, the secretary of state shall receive a fee of twenty cents per hundred words, to be in no case less than five dollars. (1888, April 14; 85 v. 270.) Sec. 3762^. [Colleges may change name and purpose, when; pro- cedure; fees.] That the board of trustees of any university, college or institution of learning, incorporated by the authority of this state, or under the general corporation laws thereof, for the sole purposes of promoting education, religion and morality, or the fine arts, may, at any regular or special meeting of such board of trustees, called for such purpose, after thirty days' actual notice to each and all of such trus- tees, change the name and enlarge the purposes and objects of any such university, college or institution of learning, by amendment to its charter, approved by a majority of such board of trustees at such regular or special meeting, so called and so notified, for the change of such name and the enlargement of the purposes and objects of such university, college or institution of learning. When such amend- ment is so adopted by the board of trustees of any university, col- lege or institution of learning, already incorporated by the authority of this state, or under the general corporation laws thereof, a copy OHIO SCHOOL LAWS. 195 Colleges and Institutions of Learning. Ch. 14. thereof, with a certificate thereto affixed, signed by the president and secretary of such board of trustees, and sealed with the corpor- ate seal, if any there be, stating the fact and date of such amend- ment, and that such copy is a true copy of the original amendment, shall be filed and recorded in the office of the secretary of state, and when so filed and recorded, and not until then, said amendment shall become and be in law an integral part of the articles of incorporation of said corporation, and all the property, real and personal, the title thereto, and all the rights and credits, corporate powers and fran- chises, and all endowment fund or funds, gifts and bequests, legacies, mortgage securities and promissory notes, and all powers, rights and privileges of every kind belonging to, vested in, claimed or pos- sessed by said original corporation shall, by said amendment, pass to, be assigned, transferred and vested in, and held, enjoyed and ex- ercised by the said corporation, named, created and organized by said amendment for the promotion of all the objects of its creation and organization. And said new corporation shall be liable for and perform all the lawful obligations, contracts and undertakings of said original corporation. For recording such amendment and fur- nishing a certified copy or copies thereof, the secretary of state shall receive a fee of twenty cents per hundred words, to be in no case less than five dollars. (87 v. 8.) Sec. 3763. [Restrictions under which medical colleges and teach- ers may receive bodies for dissection.] All superintendents of city hospitals, directors or superintendents of city or county infirmaries, directors or superintendents of work-houses, directors or superinten- dents of asylums for the insane, or other charitable institutions founded and supported in whole or in part at public expense, the directors or warden of the penitentiary, township trustees, sheriffs, or coroners, in possession of bodies not claimed or identified, or which must be buried at the expense of the county or township, shall, be- fore burial, hold such bodies not less than thirty-six hours and shall notify the professor of anatomy in any college which by its charter is empowered to teach anatomy, or the president of any county med- ical society of the fact that such bodies are being so held and shall, before or after burial, by such said superintendent, director, or other officer, on the written application of the professor of anatomy, the president of any county medical society, deliver to such said pro- fessor, or president, for the purpose of medical or surgical study or dissection, the body of any person who has died in either of said in- stitutions from any disease, not infectious, if such body has not been requested for interment by any person at his own expense ; [Body to be delivered to claimant.] If the body of any deceased 196 OHIO SCHOOL LAWS. Ch. 14. Colleges and Institutions of Learning. person so delivered, be subsequently claimed, in writing, by any rel- ative or other person for private interment, at his own expense, it shall be given up to such claimant ; [Interment of body after examination or dissection.] After such bodies shall have been subjected to such medical or surgical examin- ation or dissection, the remains thereof shall be interred in some suitable place at the expense of the party or parties in whose keeping said corpse has been placed. [Notification to relatives of deceased person.] In all cases it shall be the duty of the officer having such body under his control to notify or cause to be notified, in writing, the relatives or friends of such deceased person ; [Penalty for refusal to deliver body, or acceptance of consideration for same.] And any superintendent, coroner, or infirmary director, sheriff, or township trustee, failing* or refusing to deliver such bodies when applied for, as herein provided, or who shall charge, receive, or accept money, or other valuable consideration for the same, shall be fined in any sum not exceeding one hundred dollars, and not less than twenty-five dollars, or be imprisoned in the county jail not exceeding six months; provided, however, that in no case shall the body of any such deceased person be delivered until twenty-four hours after death. [Body of stranger or traveler.] The bodies of strangers or trav- elers, who die in any of the institutions herein named, shall not be delivered for the purpose of dissection, except said stranger or trav- eler belong to that class commonly known as tramps ; and all bodies de- livered as herein provided shall be used for medical, surgical and anatomical study only, and within this state, [Unlawful to have unauthorized body in possession; penalty.] And the possession of the body of any deceased person for the above purposes, and not authorized under this section, shall be unlawful, and the detention of the body of any deceased person, claimed by relatives or friends for the interment at their expense, shall also be unlawful, and the person sor detaining said body unlawfully, shall be fined in any sum not exceeding one hundred dollars, nor less than twenty-five dollars, or be imprisoned in the county jail not exceed- ing six months. (93 v. 84; 78 v. 33; Rev. Stat. 1880; 67 v. 25, i.) Sec. 3764. [Penalty for having unlawful possession of corpse.] Any person, association, or company, having unlawful possession of the body of any deceased person shall be jointly and severally liable with any and all other persons, associations, and companies that had or have had unlawful possession of such corpse in any sum not less than five hundred dollars and not more than five thousand dollars, to be recovered at the suit of the personal representative OHIO SCHOOL LAWS. 197 Colleges and Institutions of Learning. Ch. 14. of the deceased in any court of competent jurisdiction, for the benefit of the next of kin of deceased. Sees. 3765-3766. Repealed 1880, March 26; 77 v. 85. Sec. 3767. [Organic rules which may be prescribed in certain articles of incorporation.] An association incorporated for the pur- pose of receiving gifts, devises or trust funds to erect, establish, or maintain an academy in any department of fine arts or a gallery for the exhibition of paintings or sculpture or works of art, or a museum of natural or other curiosities, or specimens of art or nature promotive of knowledge, or a law or other library, or courses of lectures upon science, art, philosophy, natural history, or law, and to open the same to the public on reasonable terms, or an industrial training school, or a mechanics' institute for advancing the best interest (s) of mechanics, manufacturers and artisans, by the more general diffusion of useful knowledge in those classes of the com- munity, or homes for indigent and aged widows and unmarried wo- men and whose directors or trustees may be of either sex, may in its articles of incorporation prescribe the tenure of office of the trustees or directors, the mode of appointing or electing successors, the adminis- tration and management of the property, and trust and other funds of the corporation, and such other organic rules as may be deemed ex- pedient or acceptable to donors which shall be and remain the per- manent organic law of the corporation. (1887, February 21 ; 84 v. 31 ; 83 v. 40; Rev. Stat. 1880; 75 v. 135; I, 3.) Sec. 3768. [May add to the objects of the corporation; accept- ance of statutory provisions.] Such corporations may by certificate, duly acknowledged by the trustees or directors, and filed in the office of the secretary of state, add to the original objects and purposes of the corporation any of the several objects and purposes, mentioned in the preceding section which were not provided for by the articles of incorporation, and in any such corporation heretofore incorporated under the laws of the state may by certificate, reciting the organic rules adopted by such corporation as its permanent organic law, and duly acknowledged by the trustees or directors, and lodged in the office of the secretary of state, except the provisions of the preceding section. (1886, March 26; 83 v. 41 ; 75 v. 135, 3.) (3768-1) Sec. i. [Authorizing certain mechanics' institutes to borrow money; liability of directors and trustees.] Any mechanics' institute, incorporated under the laws of this state prior to the year eighteen hundred and fifty-one, be and it is hereby authorized and empowered to borrow money, issue bonds or notes therefor, at no more than the legal rate of interest, and secure the same by mort- gage upon its real estate. (82 v. 118.) 198 OHIO SCHOOL LAWS. Ch. 14. Colleges and Institutions of Learning. (3768-2) Sec. 2. [Directors not personally liable.] The direc- tors and trustees of such corporation shall not be personally liable for debts contracted by virtue of this act. (82 v. 118.) Sec. 3769. [Accounts and receipts of disbursements.] The offi- cers of the corporation charged or intrusted with the receipts and disbursements of its funds or property shall make and keep like accu- rate and detailed accounts of such funds, and the receipts and dis- bursements thereof, as are required to be kept by the fund commis- sioners of the state; the trustees shall, on or before the third Mon- day in January of each year, file with the clerk of the court of com- mon pleas of the county in which the corporation is located an ab- stract of their account, which abstract shall correspond in date, amount, person to whom paid, and from whom received, and on what account, with the voucher taken or given on account of such receipts and disbursements ; they shall at the same time, annually, file in such clerk's office a report of the names of the donors, the kind, amount, or value of gifts of each, and a brief statement of the condi- tions and purposes of the gifts ; and the filing of such abstract and report, and the supplying of any omission in either, may be enforced by order and attachment of the court of common pleas of the proper county, against the trustees, on motion of any respectable citizen. (75 v. 135, 4-) Sec. 3770. [Trustees ineligible to other office.] No trustee shall be eligible to any office or agency of the corporation to which any salary or emoluments is attached, nor shall the trustees be allowed any salary, emoluments, perquisites, except the right of free ingress to the grounds, rooms, and buildings of the corporation. (75 v. 135, 5-) Sec. 3771. [Attorney general may, by action, enforce duties of officers.] On application to the attorney general of five citizens of the proper county, in writing, verified by the oath or affirmation of one of them, setting forth specific charges against any of the fiscal or other agents or trustees of such corporation, involving a breach of trust or duty, he shall give notice thereof to the trustees or agents complained of, and inquire into the truth of such charges, and for this purpose he may receive affidavits, or enforce, by process from the court of com- mon pleas of Franklin county, the production of papers and the attend- ance of witnesses before him ; and if, on testimony or other evidence, he believes the charges, or any of them, to be true, he shall proceed, by action in that court, in the name of the state, against the delinquent trustee or trustees, fiscal agent or agents, and, on the hearing, the court may direct the performance of any duty, or the removal of all or any of the agents or trustees and decree such other and further relief as may be equitable. (75 v. 135, 6.) OHIO SCHOOL LAWS. 199 Colleges and Institutions of Learning. Ch. 14. Sec. 37710. [How number of trustees of certain colleges in- creased.] The board of trustees of any university or college here- tofore incorporated, but not under the patronage of conferences or other ecclesiastical bodies of any religious denomination, as described in section 3736, may increase the number of such trustees to twenty- four, exclusive of the president, or a less number, and may divide said trustees into six classes, each class to serve six years, and one class to be chosen each year, for said term ; but one trustee of each class may be chosen by the votes of the alumni of such university or college, if the board of trustees shall so provide by by-law, in which case it shall also be the duty of the board of trustees to provide, by such by-laws, a method of nominating and electing such appointee of the alumni. The president of such university or college shall, ex-officio, be a trustee perpetually, and shall not be included in the classes going out in rotation. If it shall be necessary, in the first enlargement of the board of trustees, under this section, to distribute new members to the several classes, whose terms shall expire by rota- tion, the distribution may be made in such manner as the board may direct, so that no trustee shall be elected for a longer term than six years. (87 v. 188; 86 v. 341.) APPENDIX. FORMS AND INSTRUCTIONS. I. NOTICE OF ELECTION. Notice is hereby given that an election for members of the board of education school district, county, Ohio, will be held on the day of November, 190 , at the usual voting places in said district. At said election there will be [state number of members to te elected and length of term.] , Clerk of the Board of Education. , Ohio. , 190. NOTE: Notices must be published in a newspaper of general circulation in the district or posted in five public places in the district at least ten days before elections. All school elections, except those for director in township sub- districts, are conducted under the general election laws. II. NOTICE OF ELECTION IN SUB-DISTRICTS. Notice is hereby given to the qualified voters of sub-district No. , of township, county, Ohio, that the next annual school meeting for the elec- tion of a director in said district will be held at the school house in said sub-district on Monday, the day of April, 19 , beginning at o'clock p. m. [A. M.], and closing at o'clock p. m.[a. m.] , Director. NOTE. The above notice to be posted in three or more conspicuous places, at least six days prior to the election. Section 3921o. III. POLL BOOK Of the election held in sub-district No. ,in the township of , in the county of , and state of Ohio, on Monday, the day of April, in the year A. D. 19 . A. B., Chairman, and C. D., Clerk, judges of said election, were severally sworn, as the law directs, previous to their entering on the duties of their re- spective offices. 202 OHIO SCHOOL LAWS. Forms and Instructions. Number and names of electors. Number and names of electors. No. 1 2 3 4 No 5 6 7 8 It Is hereby certified that the number of electors who voted at this election is . , Chairman. , Secretary. Judges. IV. TALLY SHEET Of the election held in sub-district No. , in the township of , in the county of , and state of Ohio, on Monday, the day of April, in the year A. D. 19 , to elect a director for said sub-district. Names of Candidates. Tallies, showing number of votes given for each candidate. Total. 5 10 15 20 25 We hereby certify Thnt director, director, director. r for a term of one year. Thnt Thnt And that - elected dlrectc Judges. OHIO SCHOOL LAWS. 203 Forms and Instructions. The poll book and tally sheet must be signed by the judges of election before they separate. No signing after such separation is valid. They must be delivered within eight days to the clerk of the board of education. V. MINUTES OF SUB-DISTRICT SCHOOL MEETING. SUB-DISTRICT, No. , -TOWNSHIP, COUNTY, OHIO. -I Q I Xv > At a meeting of the qualified voters of said sub-district, held on the day of April, 19 , - was appointed secretary. Whereupon said voters proceeded to elect by ballot, a director of said sub- district for the term of one year, and upon inspection of the several ballots given at said election, it was found and publicly declared, that - was duly elected for the term of one year. -, Chairman. -, Secretary. VI. APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY. This is to certify that - has been appointed director of sub-district number , - - township, - - county, Ohio, to fill the vacancy caused by of said appointment to ex- tend until the next annual election as provided for in section 3921a. Ohio. , 190 Attest: , President. , Clerk. VII. OATH OF SCHOOL DIRECTOR. The following oath which may be administered by the clerk or any other member of the board of education, should be taken by each director before enter- ing upon the discharge of his duties. You, , do solemnly swear [or affirm] that you will support the constitution of the United States, and the constitution of the State of Ohio, and that you will faithfully and impartially discharge the duties of director, in and for said sub-district, number , township, county, Ohio, accord- ing to law and the best of your ability. See section 3921o. VIII. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. Resolved by the board of education of township, That there be trans- ferred and united with sub-district number , so much of sub-district number , as Is bounded as follows: [describe boundary.] Resolved by the board of education of toivnahip, That sub-district number is hereby abolished, and there is hereby transferred to and united with sub-district number , so much of the territory of said abolished sub- district as is bounded as follows: [describe boundary], and so much of said abol- ished sub-district as is not herein united with sub-district number , is trans- ferred to and united with sub-district number . This resolution shall take effect on the day of , 19 . OHIO SCHOOL LAWS. Forms and Instructions. Resolved by the board of education of township, That BO much of sub-district number , as is bounded as follows: [describe boundary}, be cut off from said sub-district, and that so much of sub-district number - - as is bounded as follows: [describe boundary}, be cut off from said sub-district, and that the territory thus cut off from sub-districts numbers and , respec- tively, is hereby consolidated and formed into a new sub-district and designated sub-district number of - township. Resolved by the board of education of - - township, That sub-districts numbers and - are hereby abolished, and that the territory included in said sub-districts at the time of their abolishment is hereby consolidated and formed into a new sub-district, and designated sub-district number - - of - township. This resolution shall take effect on .the day of - , 19 . NOTE. When a new sub-district is formed the township board should ap- point a director as provided in section 3921a. IX. RESOLUTIONS ON BOND ISSUE. Resolved, By the board of education of school district, county, Ohio, That it is necessary for the proper accommodation of the schools of said district that [state nature of improvement}, that it will require f to make said improvement, that the funds at the disposal of said board or that can be raised under the provisions of section 3994 of the Revised Statutes of Ohio, are not sufficient to accomplish said purpose and that a bond issue is necessary, it is therefore further Resolved, That an election be held in said school district on the question of the issuing of bonds in the sum of $ for the purpose herein specified, on the day of 190 , and that the clerk of the board be directed to forward a copy of these resolutions to the deputy state supervisors of elections and request said supervisors to provide election supplies and conduct said election, and that the clerk be also directed to publish the notices of said election as provided by law. X. NOTICE OF ELECTION FOR BOND ISSUE. Notice is hereby given by the board of education of school district, county, Ohio, that there will be an election held in saiil district at the usual voting place [places}, between the hours of 5:30 a. m. and 6:30 p. m., on the - - day of , 190 , to consider the question of a bond issue in the sum of $ , for the purpose of [here state purpose} as provided in section 3991 of the Revised Statutes of Ohio. By order of the board of education Clerk. Ohio. -190. FORM OF BALLOT. 1 I Yr^ XT n OHIO SCHOOL LAWS. 205 Forms and Instructions. All elections on school questions should be held under the supervision of the regular election officers ajid the ballots be made to conform to the provisions of the general election laws. XI. PETITION FOR SPECIAL SCHOOL DISTRICT. To the Probate Judge of County, Ohio: We, the undersigned petitioners, being male citizens and electors of a pro- posed special school district, respectfully request that a special school district be established from, the territory herein described for the following reasons: \give reasons.] Said special school district to be bounded and described as fol- lows: [Give description in full]. Respectfully submitted, , Ohio. 190. NOTE: The above petition must be signed by at least ten male electors and must be accompanied by a certificate from the county auditor giving the total tax valuation of the proposed district, an accurate map of the same and an undertaking with security for costs in the sum of flOO. XII. NOTICE' OF SPECIAL MEETINGS. Notice is hereby given that there will be a meeting of the board of educa- tion of school district, county, Ohio, on the day of , at o'clock , at , to consider any business which may be considered necessary. , Clerk. , , 19. NOTE: A special meeting may be called by the president, clerk or two mem- bers of the board. XIII. TEACHER'S CONTRACT. An agreement entered into between , of , county, Ohio, and the board of education of school district in county, Ohio; the said hereby agrees to teach in the public schools of said district for a term of months, and also agrees to abide by and maintain the rules and regulations adopted by said board for the government of said schools of said school district. And in consideration of such services, the said hoard of education agrees to pay the said the sum of dollars. payable monthly at the office of the treasuer of the board of education. Entered into this day of , 19 . , Teacher. , President. , Clerk. Any special provisions may easily be inserted. 206 OHIO SCHOOL LAWS. Forms and Instructions. XIV. ORDER ON THE TREASURER. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) No. OFFICE OF BOARD OF EDUCATION SCHOOL DISTBICT. $ , OHIO, 19 THE TREASURER OF SAID SCHOOL DISTRICT WELL PAY TO DOLLARS. out of Fund in the Treasury. For BY OBDEB OF THE BOARD OF EDUCATION. PRESIDENT. CLERK. XV. ORDER ON TREASURER WHEN SCHOOL FUNDS ARE IN A DEPOSITORY. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 1 V a No.- OFFICE OF BOARD OF EDUCATION. , OHIO,- - SCHOOL DISTRICT. 19 THE TREASURER OF SAID SCHOOL DISTRICT WILL PAY TO DOLLARS. out of For Fund in the Treasury. BY OBDEB OF TIIK BOARD OF EDUCATION. PRESIDENT. ' CLERK. Payable at Bank, , Ohio. -TREASURER. OHIO SCHOOL LAWS. 207 Forms and Instructions. XVI. CERTIFICATE OF ANNUAL SCHOOL LEVY. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) To the Auditor of County: It is hereby certified by the Board of Education of School District, ..County, that the entire amount necessary to be levied upon the property of said school district for school pur- poses, during the next school year, as directed by Sec. 3958 R. S., is as follows: For Tuition Fund mills. $ For Building Fund mills. ? For Contingent Fund mills. $ For Bonds, Interest and Sinking Fund mills. f For mills. $ BY OEDEB OF THE BOABD OF EDUCATION. CLERK. Ohio 19 XVII. CERTIFICATE OF SCHOOL FUNDS IN TREASURY. We hereby certify that, by a count, as required by law, of all the money, bonds and securities in the hands of , treasurer of - school district county, Ohio, made this day of , 19, in the presence of the clerk of the board, we find dollars [and bonds, etc., in value amounting to dollars] of school funds to be in the treasury on the date above named, and we have directed the clerk to enter upon the records of the board a copy of this report. Board (or committee.) Attest: , President. , Clerk. [See section 4043, Revised Statutes.] XVIII. TRANSFER OF TERRITORY. (Minutes of boards.) Resolved, That the following described territory be and the same is hereby transferred from school district, county, Ohio, to school district, county, Ohio, subject to the provisions of section 3894, Revised Statues of Ohio [give description.] Resolved, That the clerk be instructed to notify the board of education of school district of county, Ohio, of the passage of this resolution, and upon similar action being taken by said board that said clerk file a cer- tified copy hereof with the county auditor, together with a correct map of the territory described. NOTE: A majority of the full membership of the boards is necessary to carry such a resolution and a yea and nay vote is required. 208 OHIO SCHOOL LAWS. Forms and Instructions. XIX. LEASE TO SCHOOL DISTRICT. Know all men by these presents: That , of the county of , and State of , for the con- sideration herein mentioned, does hereby lease unto the board of education of the township of - , county and state aforesaid, its successors and assigns, the following premises, to-wit: [Here insert description], with all the privileges and appurtenances thereunto belonging; to have and to hold the same for and during the term of years from the day of , 19 . And the said board of education for itself and assigns, does covenant and agree to pay the said for the said premises, the annual rent of dollars. [Insert date and place of payment.] In witness whereof, the said parties hereunto set their hands, this day of , 19. , Lessor. President of the Board. , Clerk. Signed, sealed, and acknowledged in the presence of State of Ohio, County, ss.: Before me, a - in and for said county, personally appeared - , grantor in the above instrument, and acknowledged the same to be - - volun- tary act and deed, for the uses and purposes therein mentioned. In testimony whereof, I have hereunto subscribed my name and affixed my seal, this day of , A. D. 19. (Title.) If the lease be for three years or more, it must be acknowledged, attested by two witnesses, and recorded. If for a less term, it need not be executed with these formalities. See section 4112. The consideration may be money or any- thing else, and the form varied accordingly. The above form is for a long lease. XX. OATH OF CLERK OF BOARD OF EDUCATION. The State of Ohio, County. - - Township, ss.: Before me, - , personally came - , who, being cfcwly sworn according to law, says that he will support the constitution of the United States and the constitution of the state of Ohio; and that he will faithfully discharge his duties as clerk of the board of education of the - school district in county, Ohio, during his term of office, and until his successor is chosen and qualified. of said Board. Sworn to before me and signed in my presence, on day of - , A. D. 19. (Title.) OHIO SCHOOL LAWS. 209 Forms and Instructions. XXI. CLERK'S BOND. The bonds required by law of all school officers must hereafter be given by a guaranty company. See section 3641c. XXII. FINAL RECEIPT OF CLERK. -, Ohio, , 19. Received of , late clerk of school district, the sum of dollars, the record book, account book, school laws, teachers' certificates and reports, and the other official books and papers in his hands. , Clerk. See section 4054. XXIII. OATH OF TREASURER OF BOARD OF EDUCATION. The State of Ohio, County, ss.: Before me, , personally came , who being duly sworn, according to law, says that he will support the constitution of the United States, and the constitution of the state of Ohio; and that he will faithfully discharge his duties as treasurer of the board of education of the school district county, Ohio, during his continuance in said office, and until his suc- cessor is chosen and qualified. Sworn to before me and signed in my presence, on this day of , by the said . of said Board. XXIV. TREASURER'S BOND. The bonds required by law of all school officers must hereafter be given by a guaranty company. See section 3641c. XXV. FINAL RECEIPT OF TREASURER. -, Ohio, , 19 Received of , late treasurer of school district county, the sum of dollars, and the following securities, bonds, and other school property, to-wit: , Treasurer. XXVI. COMPLAINT IN REGARD TO SCHOOL FUNDS. To the State Commissioner of Common Schools: SIB: I respectfully submit the following state of facts as existing in school district, county, Ohio. (Statement of complaint containing one of the causes mentioned in section 364, R. S.) In consideration of the above statement I respectfully request the appoint- ment of some competent accountant to investigate the condition of the school funds of said district. , Complainant. U-B. is. 210 OHIO SCHOOL LAWS. Forms and Instructions. State of Ohio, County, .: I, , , and , do solemnly swear (affirm) that the statements made in the foregoing complaint are true to the best of my knowledge and belief. Sworn to by , , and , and subscribed in my presence this day of , 19 . (Title) I hereby certify that , , and - , are freeholders and taxpayers, residents of -- school district. County Auditor. -, Ohio, , 19. COMPULSORY EDUCATION LAW. XXVII. NOTICE TO PARENT OR GUARDIAN. State of Ohio, County, ss. : To You are hereby notified that , a child between the ages of and years, under your charge, is not attending school, that such non- attendance is in direct violation of the law and without legal excuse. You are hereby required to cause said child to attend some recognized school within two days from the date of this notice, and you are warned that if the truancy of said child is persisted in the final consequences will be as provided by law, as indorsed hereon. Witness my hand this day of , 19. . Truant Officer. school district county, Ohio. Print sections 4022-7 and 6986-7, R. S., on reverse side of form. XXVIII. NOTICE TO TRUANT. State of Ohio, County, . ( &H -3 (I si EH CO S g CO to P & J C 1 i 4 1 ^ * g b s x o> X X) h i *-.-' o I i o g l a '3 d 5 3 O* "1 0) v> ^ u ^ ** ^^ e ^^ ** o c ^ H is 3 I 7 -1 05 G i t i i I* > * > S5 *"! g i g 814 OHIO SCHOOL LAWS. Forms and Instructions. XXXII. TEACHER'S REPORT. (Section 4022-6.) Ohio, , 19.. To the Clerk of the Board of Education of , County, Ohio. The following is a correct list of the pupils attending my school during the month ending , 19 . . , Teacher. Names of pupils. Age. Residence. OHIO SCHOOL LAWS. 215 Index. INDEX. Absence. Page. Excuse for, 4022-1 113 Habitual truant, punishment, 4022-4-7-10 115, 116, 118 Abstract. Enumeration, failure to transmit to county auditor, action taken, 4036 126 Auditor of county to transmit to state commissioner of common schools, 4039 127 Statistics, transmitted by county auditor to state commissioner of common schools, 4060 134 Academy. (See College.) General provisions as to, 3726-3771a 182-199 Military, how constituted, 3757 192 Board of visitors for, 3758, 3759 192 Report of to state commissioner of common schools, 363 11 Account. Clerk of school districts, how kept, 4055 131 Common school fund, 3954, 3955 43 Educational institutions, accounts of officers, 3769 198 School funds, account of by auditor of state, 3954, 3955 43 Schools specially endowed, accounts of, 4105-71 180 Treasurer of school funds, accounts of, 4055 131 University of municipality, trust funds, 4101 158 Accountant. Appointment of to investigate funds, 364 11 Powers, duties and compensation, 365 12 Account Books. Clerks and treasurers furnished by county auditor, 4055 131 Advertisement. (See Notice.) Building school houses, bids for, 3988 61 Age. Youth of school age, 4013, 4030 101, 125 Alcoholic Drinks. (See Scientific Temperance Instruction.) Alumni. (See Colleges.) Election of trustees and visitors, by, 3747, 3749 187, 188 216 OHIO SCHOOL LAWS. Index. Appeal. Page. County commissioners, when board of education fails to provide proper school facilities, 3969 49 Probate court, excuse of child from school, to, 4022-1 113 Special districts, creation of, 3928, 3929 35,36 Transfer of territory, 3895, 3896 16,17 Appointment. (See Respective Titles of Boards, Officers, etc.) Apportionment. Ohio and Miami universities, funds for, 39516 42 Salt lands, interest on proceeds of sale of, 3952 42 State school funds, by auditor of state, 3956 44 When county line divides original surveyed township, 3957 44 School funds, by county auditors, 3964, 3966 46, 47 Annexation of territory to city or village, after, 3896 17 Distribution of money after apportionment, 3965 47 Township to newly created special district, 3929 3$ Special district, after abandonment, 3929 36 Transfer of territory, after, how made, 3896 17 Village, surrender of corporate powers, after, 3889 15 Appropriation. Cleveland public library, for, 4002-18 79 Private property, of, for school purposes, 3990 62 University of municipality, appropriation for, 4103 158 Vote necessary for certain appropriations by board, 3982 56 Art Association or College. Accounts, 3760 192 Attorney general to enforce trusts of, 3771 198 Bequests, etc., may accept, 3727 182 Objects, articles of incorporation may be extended to others, 3768.. 197 Trustees ineligible to office in, 3770 198 Articles of Incorporation. Educational institutions, certain, 3762a 193 Fine art, law, etc., association, what may provide, 3767 197 Supplement for colleges, 3768 197 Assessment. Colleges, etc., amount, how fixed, 3755, 3756 191, 192 Meeting for, 3754 : . : 191 Stockholders, against, 3753 191 Assignment of Youth. Board of education may, 4013 101 Astronomical Observatory. University of municipality may establish, 4104 159 Tax levy for, 4104 15'J OHIO SCHOOL LAWS. 217 Index. Attendance. (See Compulsory Attendance.) Page. Compulsory education, requirements, 4022-1 113 Night schools, at, 4012, 4012a 101 One and one-half miles from school, privilege of pupils living, 4022a 112 Non-residents, by agreement of boards of education, 4022 112 Youth entitled to at school, free, 4013 101 Attorney General. Educational institutions, duties as to, 3771 198 Ohio State University board, legal advisor of, 4105-17 163 Auditor. (See County Auditor.) Auditor of State. Apportionment of school funds, by, 3956 44 Bequests to school funds, accounts of, 3955 43 Ohio State University, duties as to, 4105-46, 4105-47, 4105-49, 4105-50.. 173,174 Virginia military land, duties as to, 4105-48 173 B Ballot. (See Election.) City districts divided into sub-districts, form of, 3970-10 52 School elections, deposited in separate box, 3970-10 52 Special districts, furnished by deputy supervisors, 3931 87 Abandonment or continuance, form of, 3935 38 Ballot Box. Separate, for school elections, 3970-10 52 Special districts, in, 3931 37 Bequests. Boards of education may accept, 3975 54 Cleveland library board may accept, 4002-4 75 College or university may hold in trust, 3727 182 Common school fund, to, how applied, 3955 43 Library boards in city and village districts, may accept, 4002-44 89 Ohio State University, bequests to, 4105-15 163 Toledo Library Board, may accept, 4002-31 84 Bids, Bidders, Bidding. Bonds, bids for sale of may be received, 3992 62 Depositories of school funds, competitive bidding for, 396S 48 School houses, construction of, 3988 61 Blame* Board of education, report of, blanks for, 4058 133 County auditor to distribute, 4058, 4060 133, 134 Blank books, furnished by, 4055 131 Form of prescribed by state commissioner. 359, 4070 10, 138 218 OHIO SCHOOL LAWS. Index. Blanks Concluded. Page. School youth, blanks for enumeration of, 4039 127 Teachers' report of attendance under compulsory education law, 4022-6 116 Truant officer, blanks for, 4022-5 115 Blind. School, attendance of blind person compulsory, 4022-10 118 Board of Education. (See School Districts.) CITY SCHOOL DISTBICTS, IN Attached territory, duty in regard to, 3898 Board of examiners in, to appoint, 4077 Clerk, election of, 3897a Compensation of examiners, 4083 Constituted how, board of education, 3897 Deaf children, schools for authorized, 3901 Director, election of authorized, 4017 Meetings of, 3897a Members of, 3897 Election of, qualifications, terms, 3897 Organization of board, 3897a Physical training, instruction in, 4020-17 President, election of, 3897a Redistricting of cities, 3897, 3900 19, 26 Report, publication of, 4059 133 Sub-districts, division into, 3897 19 Superintendent, election, 4017a 105 Teachers, appointment of, confirmed by, 4017a 105 Teachers' institutes in, 4092 150 May dismiss school to attend, 4091 150 CLERK OF. (See Clerk of Board of Education.) SPECIAL DISTRICTS. (See Special Districts.) Clerk, election of, 3933 38 Constituted how, 3930 37 Conveyance of pupils, may provide for, 3934 38 Election of, 3930, 3931 37 First election, 3932 37 Members of, 3930 37 Term of office, 3930 37 Organization of board, 3933 38 President, election of, 3933 38 Superintendent, election of, 4017a 105 Teachers, election of, 4017a 105 TOWNSHIP DISTRICTS. (See Township districts.) Attached territory, duty as to, 3916 30 Centralization of the schools by, 3922 32 Election on question of, 3927-2 33 OHIO SCHOOL LAWS. 219 Index. Board of Education Continued. Page. Clerk, election, 3920 ^1 Constituted how, 3915 30 Election of, 3915 30 Meetings of, 3920 31 Members of, 3915 30 Term of, 3915 30 Organization of, 3920 31 President, election of, 3920 31 Sub-districts recognition of, 3921 31 Boundaries of, how changed, 3921 31 Superintendent, election of, 4017a 105 Teachers, election of, 4017o 105 VILLAGE DISTBICTS. (See Village Districts.) Attached territory, duty as to, 3910 28 Clerk, election, 3911 29 Constituted how, 3908 28 Election of, 3908 28 In newly created village, 3909 28 Members of, 3908 28 Term of, 3908 28 Organization of, 3911 29 President, election of, 3911 29 Superintendent, election of, 4017a 105 Teachers, election, 4017a 105 GENERAL PROVISIONS. Absence of president and clerk, 3983 56 Accommodation for all children, 4022-13 120 Admission to schools of those not entitled by right to attend, 4013 101 Appropriate private property, may, 3990 62 Assignment of pupils to schools, 4013 101 Attendance compulsory, 4022-1-4022-14 113-115 Attestation of record of, 3984 57 Bequests, acceptance and "rules, 3975 54 Boards of examiners, appointment of, 4077 143 Compensation and expenses of, 4083 146 Bond of treasurer, approval of, 4043 128 Bonds issued by, for school house, 3991, 3992, 3993, 3994 62,63 Centralization of township schools authorized, 3922, 3927-2 32, 33 Children's home, school at, authorized, 4010 100 City solicitor, is legal adviser of, 3977 55 Shall not be a member of the board, 3977 55 Commercial departments, may establish, 4020-18 110 Compensation, none except, 3974 54 Contingent fund, what constitutes, 3967 47 County commissioners to levy, when, 3969 49 Estimate for, to be made by board, 3958 45 Levy, certificate of to county auditor, 3960 46 220 OHIO SCHOOL LAWS. Index. Board of Education Continued. Page. Contract of, no member shall have interest in, 3974 54 Must be authorized by board, 3974 54 What are valid, 3972 54 With teachers, what constitutes, 4017 103 Contract for building, repairing, etc., how let, 3988 61 Conveyances, how executed, 3971, 3974 53, 54 Corporate powers of, 3971 53 Deaf children, schools for in city districts, 3901 27 Elections. (See elections.) Elementary schools, shall establish, 4007 94 Employes of, term, 4017, 4017a 103, 105 Entertainment in school houses, 3987-1 60 Evening schools, 4012, 4012o 101 Exchange of real property by, 3971 53 Exemption from taxes and execution, 3973 54 Expulsion of pupils, vote necessary, 4014 102 Female suffrage, 3970-12 53 Flag, U. S., on school houses, 3986-1 57 Forms relating to bonds 201-214 Funds in hands of treasurer, duty of board as to, 4043 128 l-'iee school books, 4026 121 German language, teaching of, 4021 112 High schools, board may establish, 4009, 4009-1, 4009-2, 4009-15 .97,98,99 Infirmary, school at, 4010 100 Intoxicating liquors, to cause instruction as to, 4020-23 4020-25 111, 112 Kindergarten may be established, 4020-18 106 Library. (See Library.) Manual training department, may establish, 4020-18 106 meetings illegal, when, 3985 57 Non-residents, admission of to schools, when, 4013, 4022 101-112 Oath of members and officers, 3979 56 Who may administer, 3979 . .' 56 Orphans' asylums, schools at, 4010 100 Penalty on members for neglect of duty, 3969 49 Process against, how served, 3976 55 Property, title to, of boards, 3972 . .' 54 Exempt from taxation and execution, 3973 54 Prosecuting attorney, legal adviser of, 3977 55 Quorum of, 3982 56 Record of proceeding of, 3984 57 Record of schools, kept by teachers and superintendents, 4059 . 133 Relief of children, board authorized to afford, 4022-9 118 Report by, made to county auditor, 4057 133 Superintendents' and teachers' report to board, 4059 133 Resolutions requiring yea and nay vote, 3982 56 Rules and regulations of, 3985 57 Sale of property by, restrictions, 3971 53 At private sale, when, 3971 53 At public auction, 3971 53 Schools, control and management of, to have, 4007, 4017 94, 103 OHIO SCHOOL LAWS. 221 Index. Board of Education Concluded. Page. Continued, must be, how long, 4007 94 Employes, appointment, dismissal and salaries of, 4017, 4017o 103, 105 Sufficient number must be provided, 4007 94 School houses, grounds, etc., to provide, 3987 60 Contracts for, bidding and letting, 3988 61 Use of for purposes other than educational, 3987-1 60 Scientific temperance instruction, duties as to, 4020-23-4020-25.. 111,112 Service of process on, 3976 65 State commissioner of common schools to confer with, 357 10 Superintendent, appointment of, 4017, 4017a 103,105 Surety of treasurer, additional may be required, 4043 128 Suspension of pupils, 4014 102 Taxation by. (See Tax.) Tax levy by board for school house, 3991-3994 62, 63 Maximum levy, 3959 45 School property exempt from, 3973 54 Teachers, employment and dismissal of, 4017, 4017a 103, 105 1 Certificate, must have, 4074 141 Order for pay of, when illegal, 4051 130 Pension fund, may provide, 38976-3897Z 22-26 Teachers' institutes, aid for, in cities, 4092 150 Text books, adoption of, 4020-124020-14 108 Free school books, 4026 121 Publishers' failure to furnish, action by board, 4020-13 108 Purchase and sale of by board, 4020-14 108 Tie vote, decided by lot, 3970-10 52 Title to what property, boards have, 3972 54 Transfer of territory, by, 3894, 3895 16 Treasurer of. (See Treasurer of Board of Education.) Truant officer, must employ, 4022-5 115 Tuition, agreement between boards for payment of, 4022 112 "One and one-half mile" law, 4022a 112 "Patterson Law," payment under, 4029-3 121 U. S. Flag, display of, 3986-1 57 Vacancies in, how filled, 3981 56 Vaccination, may enforce rules, 3986 57 Free, when, 3986 .' 57 Yea and nay vote, when required, 3982 56 Board of Examiners. (See State Examiners, County Examiners, City Examiners.) Board of Health. Vaccination, 3986 57 Board of Visitors. Alumni may appoint, 3747 187 College of, 3742 186 Compulsory education, duties as to, 4022-11 107 Military academies, of, 3758, 3759 192 Religious bodies may appoint, 3742 186 Schools especially endowed, of, 4105-72 180 222 OHIO SCHOOL LAWS. Index. Bonds. Cleveland library bonds, 4002-11, 4002-12 76^7 Clerk of board of education of, 4050 130 Clerk of city board of examiners, 4079 144 Clerk of county board of examiners, 4076 142 Compulsory education, parents must give, 4022-7 116 Depository of school funds, required of, 3968 48 Educational institutions may issue, 3734 183 Forms of 201-214 Ohio State University, treasurer of, 4105-14 163 Sale of, 3992 62 Money must go to funds for which bonds were issued, 3993 63 Par, must be sold at, 3992 62 School house, bonds for, 3991-3994 62, 63 Schools specially endowed, trustees of, 4105-70 180 Sinking fund bonds, 3970-1-3970-4 50, 51 State commissioner of common schools, of, 355 9 Security for cost, petition for special district, 3928 35 Teachers' institute committee, of, 4086 148 Forfeiture of, 4089 149 Toledo library building bonds, 4002-23, 4002-24 80,82 Treasurer of board, 4043 128 Wilberforce University, treasurer of, 4105-62 177 Books. (See Text Books. Libraries.) Blank books, furnished by county auditor, 4055 131 School fund, examination of books, 364, 366 11,13 C Centralization. Board of education may centralize schools, 3922 32 Must centralize, when, 3927-2 33 Petition for. 3927-2 33 Transportation of pupils, 3922, 3934 32,38 Certificate. Branches of study enumerated, 4074 141 City districts, examinations in, 4078 144 Granting certificates in, 4081 145 Revocation of certificates in, 4081 145 County certificate, majority of board may grant, 4071 139 Examination fee, 4071 139 Grades of, different, 4073, 4074 140, 141 Granting of, 4073 140 Requirements necessary, 4073 140 Revocation of, 4073 140 Special, granting of, 4074 141 Valid, where, 4073 140 Scientific temperance, examination in required, 4020-24 Ill State certificates, issue of, 4066 136 Effect of, where valid, 4067 137 Examination fee, 4068 137 OHIO SCHOOL LAWS. 223 Index. Certificate Concluded. Page. Revocation of, 4067 137 Tax levy, certificate to county auditor of, 3960, 3963 46 Teachers must have, 4074 141 Filed with clerk, copy must be, 4051 130 Transfer of territory, certificate of to county auditor, 3895 16 Charter. Educational institutions, amendment of, etc., 3762o 193 Children's Home. Children at, can attend schools, when, 4013 101 Schools at, 4010 100 Christmas. Dismissal of schools on, 4015 102 Cincinnati. Library, board of trustees, 3999 67 Access to, by all residents of Hamilton county, 3999a 69 Control of, by trustees, 39996 69 Fund heretofore raised, disposition of, 3999d 71 Librarian and assistants, employment, 39996 69 Membership of board of trustees, 3999e 71 Tax for library purposes, 3999c 69 University of, 4095-4104 155, 159 Cincinnati University. (See University of Cincinnati.) City Examiners. Appeal from, 4085 146 Appointment, term, vacancies, 4077 143 Compensation and expenses of, 4083 146 Examinations, how conducted, 4078 144 Expert, assistance of in difficult branches, 4078 144 Fees, disposition of, 4083 146 Granting of certificates, 4081 145 Revocation of, 4081 145 Meetings of, 4080 144 Membership, number, qualifications, 4077 143 Organization of board, 4079 144 Record, how kept, 4084 146 Report of appointment, to state school commissioner, 4077 143 Revocation of appointment, 4077 143 Scientific temperance, examination, 4020-24 Ill City Districts. Advancement to, 3889 15 Attached territory, assignment of, 3898 26 Voting in, 3838 26 Attendance in, compulsory, 4022-1 : 113 224 OHIO SCHOOL LAWS. Index. Oity Districts Concluded. Page. Board of education, election of, 3897 19 Membership, 3897 19 Meetings, 387a 21 Organization, 3897a 21 Term of members, 3897 19 Board of examiners, 4077, 4084 143,146 City solicitor, legal advisor, 3977 .' 55 Classified, 3885 14 Clerk of board of education, 3897a, 4050, 4056 21,130,132 Deaf children, schools for, 3901 27 Defined, 3886 15 Director may be appointed, 4017 103 Libraries, cities of certain size may establish, 4002-39-4002-45 87-89 City districts, second grade, fourth class, library in, 4002-46, 4002-47 89, 90 Managers of, in certain cities, 3999 67 Redistricting of, 3897, 3900 19,26 Sub-districts, division into, 3897 19 State school commissioner, by, when, 3897 19 Superintendent, election of, 4017a 105 Teachers, election of, 4017a 105 Teachers' institutes, in, 4092 150 Treasurer of school boards, 4042-4049, 4056 128-130,132 City Solicitor. Legal adviser of boards of education, 3977 55 Shall not be a member of the board, 3977 55 Classification. Change of, by advancement, 3889 15 City districts, 3886 15 Special districts, 3891 16 Township districts, 3890 16 Village districts, 3888 15 Clerk of Board of Education. Abandonment of special districts, duties of special and township clerks as to, 3935 38 Absence of, at meetings, who acts, 3983 5(5 Accounts of, how kept, 4055 131 Blanks for reports under compulsory education law, must furnish, 4022-6 116 Bond of, 4050 130 Certificate of estimate for tax levy, to county auditor, 3960 46 Transfer of territory, of, when, 3894 16 City districts, of, 3897a 21 Compensation of, 4056 132 Compulsory attendance, may excuse from, 4022-1 113 Election of, 3897a, 3911, 3920, 3933 21, 29, 31, 38 OHIO SCHOOL LAWS. 225 Index. Clerk of Board of Education Concluded. Page. Enumeration return to county auditor, 4035 126 Liable for damages for failure to make, 4036 .*! . 126 Penalty for failure, 4038 ". 127 Forms relating to 201-214 Moneys received by, must be, 4047 130 Notice of election, 3970-11 52 Oath of, 3979 56 May administer to others, 3979 . 56 Order on treasurer, must sign, 4047 130 For teachers' pay, illegal, when, 4051 130 Petition for transfer of territory, 3895 16 Publication of receipts and expenditures, 4053 131 Record of proceedings, kept by, 3984 57 Reports required of, 358, 4052, 4057, 4058 10, 131, 133 Penalty for failure to make, 4061, 406'2 , 134 School examiner, of appointment, 4077 143 State school commissioner may require, 358 10 Roll call, when required, 3982 56 Special districts, of, 3933 38 Successor, property turned over to, 4054 131 Township commencement, clerk to hold, 4029-1 121 Township districts, of, 3920 31 Village districts, of, 3911 28 Clerk of Boards of Examiners. CITY BOAKDS. Bond of, 4079 144 Compensation of, 4083 146 Election of, 4079 144 Fees, disposition of, 4084 146 Record, kept by, 4084 146 Reports of, 4077, 4084 143,146 COUNTY BOARDS. Bond of, 4076 142 Compensation of, 4070 138 Election of, 4070 138 Fees, disposition of, 4072 140 Record to be kept, 4070 138 Report by to county auditor, 4072 140 To state school commissioner, 4070, 4076 138,142 Clerk of Township. (See Township Clerk.) Cleveland. LIBRARY. Access, who entitled to, 4002-10 76 Bonds, issued by board, how, 4002-11, 4002-12 76, 77 Building and grounds, how acquired, 4002-2, 4002-3 75 Contract, invalid, when, 4002-9 76 Donations may be accepted, 4002-4 75 Library board, election, membership, 4000 73 Oath of members of, 4002-6 75 16-S. L,. 226 OHIO SCHOOL LAWS. Index. Cleveland Concluded. Page. Organization of, 4002-7 76 Powers and duties of, 4001 74 Report of, 4002-8 76 Property exempt from taxation and execution, 4002-5 75 School funds used for library, 4002-18 79 Sinking fund, 4002-13-4002-17 77-79 Tax for library, how expended, 4002 74 Title to property, management of, 4002-1 75 Colleges and Universities. CINCINNATI UNIVERSITY, (See University of Cincinnati.) INCORPORATED INSTITUTIONS. Accounts of, how kept, report, 3769 198 Alumni may elect trustees, 3747 187 Appoint visitors, 3747 187 Election, conduct of, 3748, 3749 187, 188 Attorney General, duties as to, 3771 198 Board of trustees, election of, 37516 189 Membership, increase in number, 3751a-3771a 189-199 Ineligible, who are, 3770 198 Quorum of, 3745 186 Term of office, 3760 '.. 192 Vacancies, how filled, 3733 183 Bonds, trustees may issue, 3734 183 Charter, amendment of, 3762a, 37626 193, 194 Directors and trustees of certain associations, 3767 197 Endowment fund of, 3750 188 Diverted, how, 3732 183 Faculty of, its powers, 3728 182 Laws, benefits of, how acquired, 3746, 3751 187,188 Location, change of, 3731, 3761 183, 193 Mechanics and agriculture, 3729 182 Mechanics' institutes may borrow money, 3768-1 197 Directors' liability, 3768-2 198 Medical college, bodies for dissection, 3763, 3764 195,196 Name, change of, 3762a, 37626 193-194 May be religious denomination, 37516 189 Organization of, 3726 182 Patron, who may be, 3741 188 Property, increase of, 3734 183 Sale of, 3762 193 May hold in trust, 3727 182 Purposes, set forth, may be, when, 37516 189 Change of, 3762a, 37626 193, 194 May be added to, 3768 197 Religious control of, 3736-3740, 3751c 184, 185, 190 Religious body entitled to representation, 3744 186 Representation to cease, when, 3743 186 Statement of property to be filed, 3735 184 Stock changed to scholarship, 3730 182 Stockholders' liability, 3753, 3756 191, 192 Visitors, appointment of, 3742 186 OHIO SCHOOL LAWS. 227 Index. Colleges and Universities Concluded. Page. Ohio University. (See Ohio University.) Ohio State University. (See Ohio State University.) Reports of, 363 11 State commissioner of common schools, employment of, by, pro- hibited, 356 9 Toledo University. (See Toledo University.) University or college of any municipality, 4095-4105 155-160 Wilberforce University. (See Wilberforce University.) Commencements. i County commencements under "Patterson Law," 4029-1 121 Township commencements under "Patterson Law," 4029-1 121 Expenses of, how paid, 4029-2 122 Commercial Departments. Boards of education may maintain, 4020-18 110 Commissioner. (See State Commissioner of Common Schools, County Com- missioners.) Common Pleas Court. Judge of, duty as to report of examiner of funds, 366... 13 Schools specially endowed, appointment of trustees for, 4105-67.... 179 i Common School Fund. (See Funds.) Compensation. Board of education, members of, shall not receive, 3974 54 City boards of examiners, of, 4083 146 Clerk of board of education, 4056 132 County auditor, of, 4064 135 County examiners, of, 4075 142 Clerk of, 4070 138 Under "Patterson Law," 4029-2 122 Enumerators, of, 4031 125 Examiner of school funds, 365 12 Library boards shall not receive, 3999, 4000, 4002-21, 4002-40 67, 73, 80, 88 Ohio State University, officers of, 4105-44 173 Prosecuting Attorney, shall not receive, 3977 55 Treasurer of board of education, 4056 132 Complaint. Form 209 Funds, fraudulent use of, in regard to, 364 11 Compulsory Attendance. Age of youth affected, 4022-1, 4022-2 113, 114 Attendance necessary, 4022-1 '. 113 Minors between 14 and 16, 4022-3 114 Blind institution, in regard to, 4022-10 118 Board of county visitors, duties, 4022-11 119 228 OHIO SCHOOL LAWS. Index. Compulsory Attendance Concluded. Page. Branches of study required, 4022-1 113 Corporation, violation of by, penalty, 4022-11 119 Costs of proceedings paid by county, 4022-14 120 Deaf and dumb institution, in regard to, 4022-10 118 Employment of minors under 16, 4022-2 114 Between 14 and 16, 4022-3 114 Penalty for violation, 4022-3 114 Excuse, how obtained, 4022-1 113 Forms relating to 210-214 Free school books, 4026 121 Jurisuiction of courts, 4022-11 119 Juvenile disorderly persons, defined, 4522-4 115 Proceedings against, 4022-8 117 P -alties for violations, 4022-11 119 Repeated violations, 4222-12 120 Relief to enable child to attend school, 4022-9 118 Reports of public and private schools, 4022-6 116 Seating accommodations necessary, 4022-13 120 Tax levy authorized, 4022-13 128 Truancy, proceedings in cases of, 4022-7 116 Penalties, 4022-7 116 Truant officer, appointment, powers, duties, 4022-5 115 Constitution of Ohio. Encouragement of schools, Art. 1, Sec. 7 5 Oath to support, 3979 56 School funds, preservation of, Art. 6, Sec. 1 5 Provision of, by taxation, Art. 6, Sec. 2 5 School laws, excepted from general rule, Art. 2, Sec. 26 5 Construction. Laws of, decisions and opinions 7 Contingent Fund. Apportionment of, 3967 47 Board of education to provide, 3958 45 County commissioners may levy, when, 3969 49 Tax levy for, certificate to county auditor, 3960 46 Contract. Board of education by, how made, 3974 54 Members of, shall have no interest in, 3974 54 Cleveland library board, when invalid, 4002-9 76 County examiners may, for rent, etc., 4075 142 Depository of school funds, for, 3968 48 Shool houses, how let, 3988 61 Conveyance. Board of education, authorized to make, 3971 53 How made, 3974 54 Pupils may be conveyed, when, 3922, 3934 32, 38 OHIO SCHOOL LAWS. 229 Index; Corporations. (See Articles of Incorporation.) Page. Boards of education are, 3971 53 Educational institutions. (See Colleges and Universities. Ohio State University, 4105-10 162 School attendance, violations by agents of, 4022-11 119 Schools specially endowed, 4105-67 179 Costs. Special districts, formation, 3928 35 Security for, 3928 35 Council. University of municipality, powers of as to, 4095-4105 155-160 Vaccination of pupils, duty as to, 3986 57 County Auditor. Apportionment of school funds to all districts, 3964, 3966 46,47 Blank books, to furnish to clerk of board of education, 4055 131 School examiners, 4075 142 Treasurer of school funds, 4055 131 Blanks, distribution of to school districts, 4058 133 Bonds of clerk and treasurer, copy to be filed with, 4043, 4050 128, 130 Clerk of board failing to report, auditor may appoint other person, 4062 134 Compensation of auditor, 4064 135 Contingent fund, levy for to be certified to, 3960, 3963 46 Distribution of funds to school treasurers, 3965 47 Enumeration, returns of to, 4035 126 Auditor to take, when, 4036 1'26 Return to, when county line divides original surveyed township, 4037 127 Return by, to state commissioner, 4039 127 Fines, collection of, for school purposes, duty as to, 3970 ' 50 Joint sub-districts, map of to be filed with, 3923 32 Penalties for not making reports, 4061, 4063 134,135 Reports to, required, 4052, 4057, 4072 131. 133, 140 Reports of, required, 358, 4039, 4044, 4057, 4060 10, 127, 129, 133, 134 School houses, duty as to tax levy for, 3993 63 Special districts, to certify valuation of, 3928 35 Tax levy, certified to, 3960 46 Teachers' institute, funds for, duties as to, 4087 1*9 Territory transferred, duties as to, 3894, 3895 16 Treasurer of school districts, settlement with, etc., 3964, 3967, 4044, 4045, 4048 46, 47, 129, 130 Couofey Board of Examiners. Appeal from, 4085 146 Appointment of, 4069 137 Branches of study required for teachers' certificates, 4074 141 Certificates, granting of, 4073 140 Grades of, 4074 141 230 OHIO SCHOOL LAWS. Index. County Board of Examiners Concluded. Page. Renewal of, 4074 141 Revocation of, 4073 140 Clerk, duties of, 4070 : 138 Compensation of, 4070 138 Compensation of members, 4029-2, 4075 122-142 Examination fee, 4071 139 Disposition of, 4072 140 Expenses of board, how paid, 4075 142 Ineligible, who are, 4069 137 Majority of members necessary to take action, 4071 139 Meetings of, 4071 139 Membership, limited, how, 4069 137 Notice of meeting, what necessary, 4071 139 Organization of, 4070 138 Patterson examinations, 4029-1 121 Commencements, county, 4029-1 121 Compensation of examiners, 4029-2 121 Qualifications necessary, 4069 137 Questions, how prepared, 4071a 139 Record to be kept, 4070 138 Removals from board, 4069 137 Reports to be made, 4070, 4072 140 Revocation of certificates, 4073 140 Scientific temperance, examination in, 4020-24 Ill Special certificates, granting of, 4074 141 Teacher, qualifications necessary, 4074 141 Term of members, 4069 137 Uniform system of examinations, 4071a 139 Vacancies, how filled, 4069 137 County Commissioners. Board of education, commissioners may act as, when, 3969 49 Children's homes, schools at, duties as to, 4010 , 100 Contingent fund, when to levy, 3969 49 County auditor, compensation of, 4064 135 County Treasurer. Compensation of, 3960 46 School funds, duties as to state funds, 3956 44 When county line divides district, duties, 3963 46 Tax, collection of, 3960 46 Course of Study. Defined, 4007-4 95 Elementary schools, branches of study, 4007-1 94 Course of study required in, 4007 94 German taught, when, 4021 112 OHIO SCHOOL LAWS. 231 Index. Course of Study Concluded. Page. High schools, branches of study, 4007-2 : 95 Requirements, 4007-4 95 Physical training in certain schools, 4020-17 110 Physiology and hygiene, 4020-23 . . . ; Ill Report of, required, 4007-6 97 Scientific temperance, 4020-23 Ill Text books, adoption of, 4020-14 108 D Dayton. LIBRARY. Library board, powers of, 4002-32 84 Election of, 4002-33 84 Non-partisan, 4002-33 84 Museum, may establish, 4002-38 87 Organization of, 4002-37 86 Powers and duties of, 4002-34-4002-37 84-86 Term of, 4002-33 84 Librarian and assistants, employment of, 4002-34 84 Tax levy, for library, how made, 4002-35, 4002-36 85 Debt. (See Sinking Fund.) Deeds. Boards of education, deed by, 3971, 3974 53, 54 Ohio university land, leasehold estate, converted into fee simple, 4105-2-4105-4 160, 161 Unpatented land, deed of, made by trustees of Ohio state university, 4105-48 173 Degrees. Educational institutions, power to confer, 3726 182 University of municipality, may confer, 4102 158 Depository. Boards of education may provide, 3968 48 In districts having two or more banks, 3968 48 In districts having less than two banks, 3968 .- 48 Devise. Board of education may accept, 3975 54 Common school fund of state, to, 3955 43 Endowed schools, to, management of, 4105-67 179 Institutions may receive, 3727 1S2 Ohio state university, for, 4105-15 163 Toledo public library, for, 4002-31 84 Director. Appointment of, in city districts, 4017 103 Compensation of, 4017 103 232 OHIO SCHOOL LAWS. Index. Director Concluded. Page. Powers and duties of, 4017 103 Removal of, 4017 103 Election of in township districts, 3921o 31 Enumeration, shall take, 3921a 31 Powers and duties of, 3921a 31 Term of office, 3921a 31 Libraries in certain cities and villages, 4002-40 88 Universities of municipalities, of, 4098-4104 156-159 Dismissal. Schools, on holidays, 4015 102 Teachers to attend institute, 4091 150 Teacher, dismissal of, 4017 103 Improperly dismissed, may bring suit, 4019 106 Districts. (See City, Village, Special and Township Districts.) Donations. (See Bequests.) E Education. (See Board of Education, Colleges, Schools.) Elections. Bonds, issue of, for school houses, 3991 62 Centralization of township schools, for, 3927-2 33 City districts, board of education, election of, 3897, 3970-10 19, 52 Attached territory, voting in, 3898 26 Educational institutions, election of trustees and visitors by alumni, 3747, 3749 187, 188 Forms relating to 201-214 High school, eleetion on question of bond issue for joint townships, 4009-15 99 Union of districts in township for high school purposes, election on bond issue, 4009-15 99 Lot, election decided by, when, 3970-10 52 Notice of, 3970-11 52 Special districts, in, 3930, 3931, 3932, 3970-10 37, 52 Abandonment of, election for, 3935 Tax to exceed maximum allowed by law, vote on, 3959 Special tax, vote on, 3991 Teachers' institute, officers of, 4086 Tie vote, how decided, 3970-10 Township districts, board of education of, 3915, 3970-10 30, 52 Attached territory, voting in, 3916 30 Village districts, board of education of, 3909, 3970-10 67, 52 Attached territory, voting in, 3910 28 Newly created district, election in, 3909 28 Women can vote, when, 3970-12 53 Registration of, 3970-12 53 Electors."- Attached territory, where to vote, 3898, 3910, 3916 26,28,30 Women are, for school officers, 3970-12 53 OHIO SCHOOL LAWS. 233 Index. Employes. Page. Board of education, of, 4017, 4017a 103, 105 Minor, proof of attendance at school required before employment, 4022-2 114 Between fourteen and sixteen, must be able to read and write, 4022-3 114 Endowment Fund. College, how application of, changed, 3732 183 Corporation for, 3750 188 Schools specially endowed, 4105-674105-73 179, 180 English Language. English grammar, teachers' certificate must contain, 4074 141 Examination of teachers in literature, 4074 141 Youth who cannot read and write must attend school, 4022-3 114 Enumeration. Apportionment of state school funds by auditor of state, based on, 3956 44 By county auditor, 3964, 3966' 46, 47 Clerk of board of education to make returns of, 4035 ' 126 Compensation for taking, 4031 125 Excessive, action of state school commissioner, 4040 128 Failure to take, penalty, 4038 127 By clerk of board to make returns, action taken, 4036 126 Penalty for making fraudulent returns, 4041 128 Return by county auditor to state school commissioner, 4039 127 When county line divides original surveyed township, 4037 127 Township districts, who takes, 3921a 31 Youth of s'chool age, includes whom, 4030 125 How taken, 4031 125 Evening School. (See Night School.) Examiner. (See City, County and State Examiners.) School funds, of, 365 12 Adverse report, disposition of, 366 13 Compensation of, 365 12 Execution. School property exempt from, 3973 54 Executive Committee. Teachers' institute, of, 4086 148 Bond of, 4086, 4087 '. 148, 149 Forfeiture of bond, 4089 149 Report of clerk, 4088 149 Expenditures and Receipts. Board of education, clerk to make annual report of, 4052 " 131 Publication of report, 4053, 4059 131,133 Expulsion. Pupil from school, of, 4014 102 234 OHIO SCHOOL LAWS. Index. Fees. (See Compensation.) Female. Page. Suffrage of, in school elections, 3970-12 53 Fines. County auditor's duties as to, 3970 50 Fine Arts. Corporations for promoting, 3726-3771a 182-199 Flag. United States flag, display of, 3986-1 57 Forms. Prepared by state commissioner of common schools, to be, 359, 360, 4058, 4060 10, 133, 134 I. Notice of election 201 II. Notice of election in sub-districts 201 III. Poll book 201 IV. Tally sheet 202 V. Minutes of sub-district school meeting 203 VI. Appointment of school director, to fill vacancy 203 VII. Oath of school director 203 VIII. Different modes of altering sub-districts 203 IX. Resolutions on bond issue 204 X. Notice of election for bond issue 204 XI. Petition for special school district 205 XII. Notice of special meetings 205 XIII. Teacher's contract 205 XIV. Order on the treasurer 206 XV. Order on treasurer when school funds are in a depository. . 206 XVI. Certificate of annual school levy 207 XVII. Certificate of school funds in treasury 207 XVIII. Transfer of territory 207 XIX. Lease to school district 208 XX. Oath of clerk of board of education 208 XXI. Clerk's bond 209 XXII. Final receipt of clerk 209 XXIII. Oath of treasurer of board of education 209 XXIV. Treasurer's bond 209 XXV. Final receipt of treasurer 209 XXVI. Complaint in regard to school funds 209-210 XXVII. Notice to parent or guardian 210 XXVIII. Notice to truant 210 XXIX. Notice to employers of youth 211 XXX. Age and schooling certificate 211-212 XXXI. Report of truant officer 213 XXXII. Teacher's report 214 Fourth of July. Schools may be dismissed on, 4015 102 OHIO SCHOOL LAWS. 235 Index. Funds. (See Sinking Fund.) Paee. Accounts of, how kept, 3954 43 Auditor of state, duty of, 3954, 3955 43 Apportionment of state funds by auditor of state, 3956, 3957 44 &y county auditor, 3964, 3966, 3967 47 Bequests to common school fund, how applied, 3955 43 Cleveland school fund, use for library, 4002-18 79 Contingent levy by boards of education, 3958, 3960 45, 46 County commissioners to levy, when, 3969 49 Penalty, for failure to levy, 3969 49 Debt of state, irreducible, common school fund shall constitute, 3954 43 Depository for, 3968 48 Distribution of by county auditor, 3965 47 Euucational institutions, of, 3732, 3750 183, 188 Fines to be collected by county auditor and paid into funds, 3970 50 Income from school lands, application of proceeds of, Art. 6, Sec. 1.. 5 Investigation of, 364 11 Miami university fund, tax for, 3951o 42 Distribution of state funds to, 3951& 42 Ohio University fund, tax for, 3951a 42 Distribution of state funds to, 3951& 42 Ohio State University fund, tax for, 3951 41 Pension fund for teachers, 3897&-3897Z 22-26 Public lands, proceeds of sale of, 3953, 3954 43 Salt and swamp lands, proceeds of sale of, 3952, 3952-1 42 School fund, preservation of, Art. 6, Sec. 1 5 Settlement between district treasurer and auditor, 4044 129 Special districts, division of fund when created, 3929 36 State common school fund, tax for, 3951 41 State commissioner of common schools, duty as to, 358, 366 10, 12 Taxation, constitutional provisions for, Art. 6, Sec. 2 5 Tax levy, maximum for schools, 3959 45 Transfer of territory, division of funds, 3896 17 Treasurer of county, duties as to, 3956, 3957, 3960, 3963, 3965, 3966.44,46,47 Treasurer of district, receipts and disbursements by, 3960, 4047 46,130 Amount he may have on hand, 4084 130 G General Assembly. Laws to encourage schools, duty of, to pass, Art. 1, Sec. 7 5 Ohio State University, report to, 4105-53 175 State commissioner of common schools to report to, 361 10 School funds, to provide for by taxation, Art. 6, Sec. 2 School laws can take effect upon authority other than, Art. 2, Sec. 26. Special districts created by act of, 3928 35 Tax for schools, shall levy, 3951 41 Wilberforce University, members may name pupils for admission to, 4105-64 178 German Language. Teaching of authorized, 4021 112 236 OHIO SCHOOL LAWS. Index. Governor. Page. College, fills vacancy among trustees, 3733 183 Military academy, is visitor of, 3758 192 Ohio State University, appointment of trustees, 4105-37 171 Deed for lands of, to execute and deliver, when, 4105-2 160 School book commission, is a member of, 4020-11 107 State commissioner of common schools, to fill vacancy in office of, 354 9 Report of, to be made to, when, 361 10 Wilberforce University, appointment of trustees, 4105-55 175 Guardian. Children under care of, entitled to attend schools free, 4013 101 Duties of, under compulsory education law, 4022-1-4022-14 113-120 H High Schools. Board of education may establish, 4009 97 Branches of study required, 4007-2 95 Certificate of work done by pupil, 4007-5 96 Value of, 4007-5 96 Classification of, 4007-4, 4007-6 95, 97 Defined, 4007-2 95 Diploma, what it shall contain, 4007-5 96 Examinations in special and sub-districts, for, 4029-1 123 Commencements, 4029-1 121 Compensation of examiners, 4029-2 122 Tuition, 4029-3 .' 123 Report of by clerk of board, 4007-6 97 Penalty for failure to make, 4007-6 97 TOWNSHIP DISTRICTS IN. Admission of pupils to, 4009-1 98 Board of education may establish, 4009 97 Management and control of, 4009-1 98 Tax levy for, 4009-2 98 Time, length of, to be continued, 4009-1 98 Township and joint township high schools, established by peti- tion, 4009-15 99 Buildings, purchase or renting of, 4009-15 99 Election on question of tax levy for, 4009-15 99 Election for tax levy not necessary, when, 4009-15 99 Tax for, 4009-15 99 Teachers, employment of, 4009-15 99 Union of several districts within township for high school pur- poses, 4009-15 99 Holidays. Dismissal of schools on, without forfeiture of teachers' pay, 4015... 102 Holidays named, 4015 102 Howe's Historical Collections of Ohio. Boards of education authorized to purchase, 4020-16 110 Care of, how taken, 4020-15 110 OHIO SCHOOL LAWS. 237 Index. Infirmary. Page. Corpse, surrender of, to medical college, 3763 195 Schools at, 4010 100 Institutes. (See Teachers' Institutes.) Interest. Irreducible school funds, interest on, 3952, 3954 42, 43 Investigation. School funds, of, by accountant, 364 . . : 11 Teacher, of, by board of examiners, 4073, 4081 140, 145 Irreducible School Fund. Accounts of, how kept, 3954 43 Original surveyed township, in two counties, how proceeds paid to, 3957 44 Public lands, sale of, proceeds of, how applied, 3953, 3954 43 Salt and swamp lands, proceeds of sale of, 3952, 3952-1 42 J Janitor. Board of education, power to employ, 4017 103 Board of examiners may employ, 4075 142 Dismissal of by board of education, 4017 103 Teachers not required to do janitor work, 4018 106 Term of employment, 4017 103 Joint Sub-Districts. Abolished, 3923 32 Territory annexed to township, 3923 32 Judge. (See Common Pleas Court, Probate Court.) Juvenile Disorderly Person. Definition of, 4022-4 115 Proceedings against, 4022-8 117 K Kindergarten Schools. Boards of education may establish, 4020-18 110 L Language. (See English Language, German Language.) Laws. Encouragement of schools, for, passage of, Art. 1, Sec. 7 5 Interpretation of, decisions, preparations and distribution of, 360.. 10 Schools, for, can take effect upon approval of authority other than the general assembly, Art. 2, Sec. 26 5 Law College. Organization of, 3767, 3768 197 238 OHIO SCHOOL LAWS, Index. Law Library. Page. Organization of, 3767, 3768 197 Law School. Ohio State University, of, 4105-29 169 Lease. Form of Site for school house or right of way, lease of, 3987 60 Legal Adviser. Boards of education, who is, of, 3977 55 Ohio State University, who is, of, 4105-1? 163 Legislature. (See General Assembly.) Library. Access to, 3998-1, 3998-10, 4002-42 '. 64,66,88 Appropriation of money for, amount limited, 3998-6 65 Board of directors in certain cities, 4002-40 88 Duties of, 4002-41 88 Organization of, 4002-41 88 Powers of, 400241 88 Report of, 4002-43 89 Board of education may establish, 3998-1, 3998-6 64, 65 Appropriation for, 3998-6 65 Control of in certain cases, 3998-3 65 Funds for, how provided, payments from, 3998-4 65 Tax for, 3998-1, 3998-4 64, 65 Trustees of, 3998-2 64 Cincinnati library. (See Cincinnati.) City districts of certain size may establish or acquire, 3998-9, 4002-39 66, 87 Board of managers, 3998-9-3998-11 66, 67 Fourth class, second grade, in, 4002-46 89 Funds, expenditure of, 3998-12 67 Report of, to board of education, 4002-48 90 Tax for, 3998-12, 4002-46-4002-49 67, 89, 90 Cleveland library. (See Cleveland.) Control of, vested in board of education, when, 3998-6 65 Dayton library. (See Dayton.) Donations, board may accept, 4002-44 89 Established how, 3998-1, 3999, 4002-39 64, 67, 87 Librarian, appointment, compensation of, 3998-11, 4002-41 67,80 Managers for certain libraries, 3998-10, 3998-11 66, 67 Museum, in connection with, 3998-7 _._>.._ 66 Portsmouth library. (See Portsmouth.) Pre-existing library, how affected, 4002-45 89 Rules and regulations for, 4002-41 88 Tax levy for, 3998-4, 3998-12, 4002-45, 4002-46 65, 67, 89 How expended, 39984, 3998-12 65,67 Toledo library. (See Toledo.) Village districts may establish, 4002-39 87 OHIO SCHOOL LAWS. 239 Index. Location. Page. Ohio State University, 4105-18 163 School house, convenience of, 4007 94 Lot. Election decided by, when, 3970-10 - 52 M Manual Training. Boards of education may provide, 4020-18 110 Map. Attached territory, to be made of, 3898, 3910, 3916 26', 28, 3d Special districts, map of, 3928 35 Territory transferred from one district to another, map of, 3894 3895 16 Township district, map of, 3921 31 Mechanics' Institute. Authority to borrow money, issue bonds, etc., 3768-1 197 Directors and trustees not personally liable for debts, 3768-1 197 Objects of institute, enlarged, how, 3768 197 Organic rules which may be prescribed in articles of incorporation, 3767 197 Medical College. (See Colleges.) Bodies for dissection, may receive, 3763 195 Meetings. Board of education, city districts, 3897a 21 Special districts, 3933 38 Township districts, 3920 31 Village districts, 3911 29 City board of examiners, 4080 144 County board of examiners, 4071 139 Illegal, when, 3984 57 Ohio State University, trustees of, 4105-41 172 Special meetings, how called, 3978 55 Text books, adoption of must be at regular meetings, 4020-14 108 Wilberf orce University, trustees of, 4105-59 176 Memorial Day. Schools may be dismissed without forfeiture of teachers' pay, 4015. . 102 Miami University. Admission of pupils to, 3951a 42 Distribution of funds for, 3951& 42 Tax levy, for, 3951a 42 Military Academy. (See Academy.) 240 OHIO SCHOOL LAWS. Index. Minor. Page. Attendance at school of, when unable to read and write, 4022-3 114 Commitment* to reformatory of, proceedings, 4022-8, 4022-9, 4022-11 117, 118, 119 " Employment of, between certain ages, when schools are in session, unlawful, 4022-2 114 Money. (See Funds.) Month. School month, length of, 4016 103 Museum. Association, rules for organization of, 3767, 3768 197 Board of education may establish, 3998-7 66 Dayton library board, may establish, 4002-38 87 Music. Special certificates in, may be granted, 4074 141 N Narcotics. (See Scientific Temperance.) Natural History Society. Regulations as to, 3767, 37&8 197 New Year's Day. Schools may be dismissed without forfeiture of teachers' pay, 4015 . . 102 Night Schools. Provisions for, 4012, 4012a 101 Nominations. * Members of boards of education, by petition, 3897a 21 Non-Resident. Attendance at school, when permitted, conditions, 4013 101 By agreement of boards, 4022 112 When one and one-half miles from school house, 4022a 112 Patterson graduates, privileges of, 4029-1, 4029-3 121, 123 Normal Schools. Physical training must be provided in, 4020-17 110 Scientific temperance, instruction in, at, 4020-24 Ill Penalty for failure to instruct, 4020-25 112 State normal schools established, 4094-1-4094-6 152,153 Wilberforce University normal department at, 4105-54-4105-66 175-178 OHIO SCHOOL LAWS. 241 Index. Notice. Page. Attendance at nearest school, notice to board not necessary, 4022a.. 112 Board of education, meetings of, 3978 55 Educational institutions, notice of meetings of stockholders, 3734.. 183 Purpose, name, notice of intended change, 3762o 193 Election, notice of bond issue, 3991 62 Board of education, members of, 3970-11 52 Special districts, election in newly organized, 3932 ..,.. 37 Abandonment of, 3935 38 Tax levy, election for, 3991 62 Township districts, election of director, 3921a 31 Teachers' notice of examination, 4071, 4080 139,144 Text books, publishers of, notice to, 4020-11 107 Boards of education, given to, 4020-12 108 Truancy, notice to parent, 4022-7 116 o Oath. Board of education, members and clerk, of, 3979 56 Clerk of board of education, 3979, 4035 56, 126 Cleveland library, board, of members, 4002-6 75 County auditor may administer, when, 4036 126 Election officers in townships, 3921o 31 Enumerator, of, 4031 125 Forms relating to 201-214 School officers, of, 3979 56' Schools specially endowed, trustees of, 4105-70 180 Special examiner of teachers, 4078 144 State commissioner of common schools, of, 355 9 Office. (See various officers, by name.) State 'commissioner of common schools can not hold, other, 356 9 Officer. (See various officers, by name.) Charges against, investigation of, 364-366 Oath of school officers, 3979 56 Ohio State University. Analysis of minerals, by professor of, 4105-27 168 Appropriations for apparatus, equipment, etc., 4105-28 169 Attorney general legal i..dviser of board of trustees, of, *105-17 163 BOARD OF TRUSTEES. Faculty, compensation of, to fix, 4105-44 173 Further duties of board, 4105-11, 4105-40 162, 171 Grants and devises of land may be received by, 4105-15 163 Management and control of, to be vested in, 4105-13 163 Powers and duties of, 4105-39 171 Provide for lecturers, board may, 4105-12 162 Branches taught at, 4105-45 173 Ceramics, department of, 4105-30-4105-34 169, 170 Law department of, 4106-29 169 Certain acts repealed, 4105-25 168 10 s. L. 242 OHIO SCHOOL LAWS. Index. Ohio State University Concluded. Page. Clay working and ceramics, course in, .4105-30 169 Established, name of, 4105-9 162 Fund of, 3951 41 Irreducible debt of state, part of, 410543 172 Interest on fund of agricultural college, invested, how, 4105-46, 4105-47 173 Laboratory apparatus, models, and machinery, to be provided, 4105-26 168 LANDS. Accepted by state from United States, 4105-19 164 Board may sue for lumber cut off such lands, 4105-20 164 Compensation and proceedings of appraisers, 4105-22 166 Deeds, how made and executed, 4105-23 166 Occupant may purchase additional land, 4105-21 165 Occupant claiming exemption to comply with law of congress, 4105-21 165 Payments, how made and secured, 4105 ( -23 166 Record of contract to be made and kept, 4105-23 166 Sale of, public or private, 4105-23 166 Proceeds of sale, disposition of, 4105-24 167 Survey to be made by trustees, 4105-21 165 Title to, vested in trustees, 4105-21 165 Tracts to be numbered and appraised, 4105-22 166 Trustees to sell other lands, 4105-21 165 Unsold land to be divided into tracts, 4105-22 166 Law school, provisions for, 4105-29 169 Location of college, etc., 4105-18 163 Meetings of board, 410541 172 Mines, school of, 4105-26-4105-28 168,169 Named "The Ohio State University" 4105-36. . . . : 171 Objects of college, 4105-9 162 Officers of board, their duties, etc., 4105-14 -. . 163 Professors employed to teach, 4105-27 16S Pupils, who may be admitted as, 4105-12 162 Report of trustees, 4105-42 172 Residence for faculty may be erected by trustees, 4105-24 167 Style and powers of board of trustees, 4105-10 162 Tax levy for, 3951 41 Terms of office of trustees, compensation and vacancies, 4105-38 .... 171 Title of lands to vest in the state, 4105-16 163 Trustees authorized to make certain deeds, 410548 173 Virginia military lands, relief of buyers, 4105-50 174 Written analysis of fertilizers to be furnished, how, 4105-35 171 Ohio University. Admission of pupils, 39510 42 Distribution of fund, 3951b 42 Sale of certain lands, 4105-1 160 Deed for, 4105-2-4105-4 160, 161 Proceeds of, 4105-5 161 Tax on lands donated to, 4105-6'-4105-8 161, 162 Tax for, 3951a 42 OHIO SCHOOL LAWS. 243 Index. Order. Page. Teachers' pay, for, illegal, when, 4051 130 Treasurer, order on, how drawn, 4047 130 Must produce order for all disbursements, 4044 129 Orphan Asylum. Schools at, provisions for, 4010 100 Original Surveyed Township. Apportionment of funds, when county line divides, 3966 47 Funds how paid in such cases, 3957 44 Enumeration, when divided by county line, 4037 127 P Parent. Duty of, to send minor children to school, etc., 4022-1 113 Violation of act relating to, 4022-3 114 Patterson Law. Compensation of examiners, 4029-2 122 County commencements, 4029-1 121 Examinations, branches of study, 4029-1 121 High school attended, character of, 4029-4 124 Township commencements, 4029-1 121 Tuition, payment of, 4029-3 123 Penalty. Board of education, for failure to levy contingent fund, 3969 49 Clerk of board of education, for failure to make report, 4061 134 Corporation, unlawful employment of minors, 4022-2, 4022-3, 4022-11, 4022-12 114, 119, 120 Corpse, detention of, 3763 195 County auditor, failure to make statistical report, 4060, 4061 134 For failure to make enumeration return, 4063 135 Enumeration return, fraudulent, 4041 128 Parent or guardian, liable, when, 4022-7, 4022-11, 4022-12 .. 116, 119, 120 School officers, non-enforcement of compulsory education law, 4022- 11 '. . . 119 Teachers' institute, executive committee, failure of, to report, 4088.. 149 Pension Fund for Teachers. Appropriation for by board of education, 3897Z 26 Board of education may create, 38976 22 Created and invested, how, 3897c 22 Death of teacher, who shall receive, 38977i 26 Deductions from teachers' salaries, 3897/ 24 Penalties, fines, etc., to be paid into fund, 3897 A; 26 Pension, amount of, 3897d 23 Persons entitled to, 3897d 23 Principal and income can be used, 3897e 24 244 OHIO SCHOOL LAWS. Index. Pension Fund for Teachers Concluded. Page. Resignation or removal of teacher, rebate, 3S977i 25 Retirement of teacher, 3897d 23 Rules and regulations, 3S97i 25 "Teacher" denned, 3897d 23 Treasurer of funds, 38970 25 Trustees, number, election, term, 3897 & 22 When insufficient to pay teachers, 3897ti 23 Personal Property. (See Property.) Petition. Centralization of township schools, for, 3927-2 33 Evening schools, for, 4012 101 Forms relating to 205 Nominations by, 3897cr 21 Special district, creation of, 3928 35 Transfer of territory, for, 3895 16 Physical Training. Instruction in, required, where, 4020-17 110 Plat. Property to be appropriated for school purposes, plat of, 3990 62 School district, plat of, 3894, 3895, 3898, 3910, 3916, 3921 16,26,28,30,31 Portsmouth. Libraries, consolidation of, 4003 IX) Library committee, election of, 4004 91 Powers and duties of, 4005, 4006 91 Vacancies in, how filled, 4004 91 President. Board of education, of, election, 3897a, 3911, 3920, 3933 21, 29, 31, 38 Absence of at meeting, who acts, 3983 56 Order on treasurer, must sign, 4047 130 Record of proceedings, must sign, 3984 57 City board of examiners, of, election, 4079 144 Clerk of board of education, bond of, to be filed with, 4050 130 County board of examiners, election of, 4070 138 Educational institutions, of, 3728 182 Libraries in certain cities, member of board, is, 3999 67 Process on board of education, served on, 3976 55 Teachers' institute, of, election, 4086 148 Private Schools. (See Colleges and Universities.) Report of, required, 363 11 Specially endowed, trustees for, 4105-67 179 Accounts of trustees, 4105-71 180 Bond of trustees, 4105-70 180 Duties of trustees, 4105-69 179 Oath of trustees, 4105-70 180 Vacancies, how filled, 4105-68 179 Visitors of, 4105-72 180 OHIO SCHOOL LAWS. 245 Index. Probate Judge. Page. Appropriation of property for school purposes, jurisdiction, 3990 . . 62 Compulsory education law, jurisdiction of, 4022-7,4022-8-4022-11.116,117,119 County examiners, appointment of, 4069 137 Report of appointment, 4069 137 Revocation of appointment, 4069 137 Deaf children, report of, to be returned to, 4022-10 118 Special districts, petition for creation of, when filed with, 3928 35 Change of boundary, of, 3929 36 Costs, security for, 3928 35 Fees, same as in civil cases, 3929 36 Funds, division of, by, 3929 36 Hearing on petition, 3929 36 Jurisdiction of, 3929 36' Notice of hearing, 3929 36 Petition, when district in two or more counties, 3928 35 Remonstrance against formation of, 3928 35 Tax valuation of district, minimum, 3928 35 Transfer of territory, petition for, 3895 16 Costs, security for, 3895 16 County auditor, certificate filed with, 3895 16 Funds, division of, 3896 17 Hearing on petition, 3895 16 Jurisdiction of, 3895 16 Notice of hearing, 3895 16 Petition, when district in two or more counties, 3895 16 Process. Service of, on boards of education, 3976 55 Professors. Educational institutions, appointment of, for, 3726 182 Faculty, professors are members of, 3728 182 Powers of, 3728 182 Military academies, professors are members of board, 3757 192 Ohio State University, employment and dismissal of, at, 4105-11.... 162 Ceramics, department of, instructor in, 4105-33 170 Chemistry, analysis of fertilizers to be furnished by professor, in, 4105-35 171 Compensation of, how fixed, 4105-44 173 Mines and mine engineering, instructor in department of, 4105-26 4105-27 168 Residences may be erected for faculty, 4105-24 167 Universities of municipalities, 4099 157 Property. School property, how sold or exchanged, 3971 53 Exempt from taxation or execution, 3973 54 Title to, in whom vested, 3972 54 246 OHIO SCHOOL LAWS. Index. Prosecuting Attorney. Page. Board of education legal adviser of, 3977 55 Compensation of, 3977 55 Shall not be a member of board, 3977 55 Funds, fraudulent use of, duty as to report of examiner of, 366' 13 Teachers' institutes, duties as to, 4089 149 Public Library. (See Library.) Publication. Board of education, sale of property by, 3971 Building and repairing, bids for, 3988 61 Receipts and expenditures, by clerk of, 4053 131 City board of examiners, meetings of, 4080 144 County board of examiners, meetings of, 4071 139 Election notice, 3970-11 52 Publishers. Text book law, requirements of, 4020-10-4020-14 107-110 Pupils. (See Attendance.) Assignment of by board of education, 4013 101 Expulsion of, 4014 . 102 Suspension of, 4014 102 Tuition of, may be paid by agreement between boards, 4022 112 Q Qualifications. Examiners, of, 4069, 4077 137, 143 Teachers in common schools, 4074 141 In city and village districts, 4078, 4084 144, 146 Quorum. , Board of education, of, what constitutes, 3982 56 Business that a majority of a quorum cannot transact, 3982 56 Educational institutions, what constitutes, 3745 186 R Real Property. (See Property.) Receipts and Expenditures. Board of education, clerk of to prepare and forward to county auditor, 4052, 4057 131,133 Publication of, 4053 131 Record. Board of education, how kept, 3984 57 Approval of, 3984 57 Public record, is, 3984 57 Bonds, record of issue, 3992 62 Educational institutions, of, 3762o 193 OHIO SCHOOL LAWS. 247 Index. Relief. Page. Beard of education may afford to needy children, 4022-9 118 Religion. School funds, religious sect shall have no control of, Art. 6, Sec. 2 . . 5 Reports. Board of education, financial and statistical, 4052, 4057, 4058 131,133 City board of examiners, to state school commissioner, 4084 146 Appointment of, report, 4077 143^ City districts, publication of reports, 4059 133 Cleveland library board of, report, 4002-8 76 Clerk of board of education, of, 4052, 4057, 4058 131, 133 Enumeration, report of, to auditor, 4035 126 Failure to make, other person to be appointed, 4060 134 Financial, publication of, 4053 T 131 Penalty for failure to make, 4061, 4062 134 Teachers' report to be filed with, before order is drawn for pay of, 4051 ! 130 Colleges, report of, 363 11 Copies of all reports may be required by the state commissioner, 358 10 County auditor, to state commissioner, 4060 134 Enumeration returned by, to state commissioner, 4039 127 Penalty for not making, or for making fraudulent reports, 4041 4061, 4063 128, 134, 135 Report of clerk to, failure to make, auditor may appoint other person, 4062 134 County board of examiners, clerk of, to make, 4070, 4072, 4076 . .138, 140, 142 Dayton public library board, to report to board of education, 4002-38 87 Enumeration return by clerk to auditor, 4035 126 County auditor to state commissioner, 4039 127 Original surveyed township, by auditor, 4037 127 Examiner of school funds, report of, 365 12 Libraries in certain cities and villages, report of, 4002-43 89 Ohio State University, report of teachers, 4105-42 172 Board of claims, report of, 4105-53 175 Portsmouth library committee, report of, 4005 91 Private schools, report required, 363 11 Probate judge, appointment of school examiners, 4069 137 State commissioner of common schools, report of, 361, 362 10, 11 Superintendent of schools of, 4059 133 Teachers, report of, 4022-6, 4059 116,133 Report must be filed with clerk before order is drawn for pay of, 4051 130 Toledo library, report as to, 4002-29 83 Treasurer of board of education, to auditor, 4044 129 'Truant officer, reports of, 4022-5, 4022-9, 4022-10 115, 118, Penalty for failure to make, 4022-11 119 Visitors to certain endowed schools, to report, 4105-72 180 Wilberforce University, report of trustees, 4105-63 177 Representative. (See General Assembly.) 248 OHIO SCHOOL LAWS. Index. Returns. (See Elections, Reports.) Page. Revocation. (See Certificate.) Rules and Regulations. Board of education, 3985 57 County board of examiners, for, 4070 138 Libraries, made by board of education, for, 3998-10 66 Cincinnati library, for, 3999a 69 City and village districts, for, 4002-41 88 Cleveland library, for, 4002-10 76 Portsmouth library, for, 4005 91 Toledo library, for, 4002-28 83 Teachers' pension fund, for, 3897i 25 Vaccination, rules for, 3986 ! 57 S Sale. Board of education, sale of property by, 3971 53 Text books, sale of, 4020-10-4020-14 107-110 Salt and Swamp Lands. Proceeds of sale of, how applied, 3952, 3952-1 42 Salaries. (See Compensation.) May be increased, but not diminished, 4017 103 Scholarships. Stock of colleges, etc., may be changed into, 3730 182 Schools. Admission of non-residents, by agreement of boards, 4022 112 Children's homes, school at, 4010 100 Closing of, on holidays, 4015 102 During session of teachers' institute, 4091 150 Continued, must be, how long, 4007 94 Conveyance of pupils, to, 3922, 3934 32, 38 Deaf children, schools for, 3901 27 Dismissal of, on holidays, 4015 102 Teachers, to attend institute, 4091 150 Examination of schools, by city boards of examiners, 4078 144 Evening schools, 4012, 4012o 101 Free to whom, 4013 101 German language, in, 4021 112 Graduating examinations for high school attendance, 4029-1 121 High schools, 4007-2-4009-15 95-99 Teachers' certificate in, 4074 141 Infirmary, schools at, 4010 100 Janitor of, 4017 103 Number of, required, 4007 94 Orphans' asylum, schools at, 4010 100 Physical training in, 4020-17 110 OHIO SCHOOL LAWS. 249 Index. Schools Concluded. Page. Private schools, report of, 363 11 Pupils, admission of, etc., 4013 101 Attendance enforced, 4022-1 113 Non-resident, attendance of, 4013, 4022, 4022a 101, 112 Scientific temperance instruction, in, 4020-23 Ill State commissioner of common schools, as to, 354 366 9-13 Studies, 4007-1, 4007-2 94, 95 Text books, in, 4020-10-4020-14 107-110 Zanesville charity school, 4011 101 School Books. (See Text Books.) School Book Commission. Membership of, 4020-11 107 Price of text books, maximum, fixed by, 4020-11 107 Publishers, failure to furnish books, action by commission, 4020-13 . . 108 School Districts. (See City, Village, Special and Township.) Classification of, 3885 14 Territory, transfer of, 3894, 3895 , 16 School Funds. (See Funds.) School Houses. Advertising by board of education for bids for building, etc., 3988.. 61 Appropriation of land for, 3990 62 Boards of education, to provide, 3987 60 Directions for bidding for and letting contracts, 3988 61 Bonds for, 3992, 3994 62, 63 Building, repairing, etc., 3987 60 Contracts, directions for bidding and letting, 3988 61 Entertainments, use of school house for, 3987-1 60 Exempt from taxation and execution, 3973 54 Flag, display of, 3986-1 57 Taxation, exempt from, 3973 54 Tax levy for, when and how submitted to voters, 3991 62 Bonds of, 3992 62 Certificate of levy, to county auditor, 3993 63 School Rooms. Renting of by boards of education, 3987 60 Schools Specially Endowed. Provisions relating to, 4105-67-4105-73 179, 180 Scientific Temperance. Board of education, to require instruction, in, 4020-23 Ill Educational institutions, required to teach, 4020-23 Ill Normal schools, instruction in, at, 4020-24 Ill Penalty for non-enforcement, 4020-25 112 Regular branch of study, to be, 4020-23 Ill State commissioner of common schools, duties as to, 4020-24 Ill Teachers' certificates, not granted without examination in, 4020-24. Ill Institute, instruction at, 4020-24 Ill 250 OHIO SCHOOL LAWS. Index. Secretary of State. Page. Educational institutions, articles of incorporation filed with sec- retary, 3726, 3762o 182,193 Fees of, 3762a 193 School book commission, is a member of, 4020-11 107 State commissioner of common schools, bond of, to be filed with, 355 9 Section Sixteen. Enumeration of youth, in, 4030 125 Funds derived from, investment of, 3953, 3954 43 Senator. (See General Assembly.) Session. Schools of, length of time, 4007 94 Settlement. Treasurer of district, with county auditor, 4044, 4045 129 Sinking Fund. Board of education shall establish, when, 3970-1 50 Board of commissioners of, 3970-1 50 Investment of, 3970-2 50 Orders on, how drawn, 3970-4 51 Refunding debt, 3970-3 51 Report by clerk of, 3970-4 51 Securities may be sold, 3970-2 50 Sites. Board of education to furnish, 3987 60 Bonds for, 3992, 3994 62, 63 Solicitor. (See City Solicitor. Special Districts. Abandoned, how, 3935 38 Board of education, membership of, 3930 37 -Election of, 3930 37 Organization of, 3933 38 Terms of members, 3930 37 Classification of, 3885, 3891 14, 16 Clerk of board of education, election of, 3933 38 Compulsory attendance in, 4022-1-4022-14 113-120 Conveyance of pupils, 3934 38 Continuance of district, 3935 38 Created by act of general assembly, legalized, 3928 35 Defined, 3891 16 Election in, how conducted, 3931 37 In new district, 3932 37 On abandonment, 3935 38 Established by petition, 3928, 3929 35, 36 OHIO SCHOOL LAWS. 251 Index. Special Districts Concluded. Page. Funds, division of on creation of, 3929 36 Officers of, continued in office, 3928 35 President, election of, 3933 38 Tax levy, maximum for, 3959 45 Territory transferred from one district to another, 3894, 3895 16 Treasurer, election of, 4042 128 Tuition, payment of under "Patterson law," 4029-3 123 Special Meetings. Boards of education, of, 397.8 55 Notice necessary, 3978 55 State Board of Examiners. Appointment of, 4065 136 Certificates issued by, 4066 136 Compensation of members, 4068 137 Examination fees, disposition of, 4068 137 Term of members, 4065 136 Vacancies in, how filled, 4065 ! 136 State Commissioner of Common Schools. Appeal to, by applicants for teachers' certificate, 4085 146 Board of examiners, report of appointment of members of, to, 4069, 4077 137, 143 Report of board, to, 4076, 4084 142, 146 Bond of, 355 9 Books and papers, preservation of, 356 9 City districts, may sub-divide when board fails to act, 3897 19 Colleges, reports of, to, 363 11 County auditor, reports of, to, 4039, 4060 127, 134 DUTIES. Attendance of, at office, required, 356 9 Certificate to county auditor for receipt of reports, 4064 135 Examination questions, uniform system prescribed, duties as to, 4071o 139 Forms prepared, and furnished, by, 359, 360, 4058 10, 133 Laws, preparation and distribution of, 36'0 10 School funds, investigation of, duties as to, 364 11 Scientific temperance instruction, duty as to, 4020-23-4020-25.. 111,112 Visitations by, 357 10 Election of, 354 9 Enumeration return to, 4039 127 Action by, when enumeration excessive, 4040 128 Forms for blank books, report blanks, etc., prepared by, 359, 360, 4058 10, 133 High schools, shall classify, 4007-6 97 Office of, where located, 356 9 Report of, publication, contents, 362 11 Copies of all reports of school officers and any other information may be required by the commissioner, 358, 4058 10, 133 OHIO SCHOOL LAWS. Index. State Commissioner of Common Schools Concluded. Page. School book commission, is a member of, 4020-11 107 School funds, supervision over, 358, 364 10, 11 State board of examiners, appointment of members, by, 4065 136 State certificates, countersigned by, 4067 137 Superintendent or teacher, commissioner shall not be, 356 9 Teachers' institute, report of, to, 4086, 4088, 4094 148, 149, 151 Commissioner may hold institute, when, 4090 149 Term of, 354 Text books, filed at office of, 4020-10 107 Notice to boards of education, 4020-12 108 Price, maximum, fixing cf, 40^0-11 107 Publishers' list price, filing of, 4020-10 107 Notification to, 4020-11 107 Vacancy in office, of, how filled, 354 9 State Common School Fund. (See Funds.) State Certificate. (See Certificate.) State School Book Commission. (See School Book Commission.) State Treasurer. Bond of state commissioner of common schools, to be filed with, 355 9 Statistics. Report of, 4052, 4057, 4058, 4059, 4060 131, 133, 134 Statutes. Interpretation of 7 Stockholder. Educational institutions, assessments of, 3753-3756 191, 192 Studies. (See Branches of Study.) Sub-districts. (See Director.) City districts, certain cities shall be sub-divided, 3897 19 Redistricting, 3897 19 State school commissioner to act when board fails, 3897 19 Township districts, election of director, powers and duties, 3921a.. 31 Enumeration taken by director, 3921c 31 Existing sub-districts recognized for school attendance, 3921 31 Change of, 3921 31 Summons. Board of education, summons for, 3976 55 Superintendent of Buildings. Appointment of by board of education, 4017 103 Superintendent of Schools. Appointment of, 4017, 4017a 103, 105 Board of education, elected by, 4017, 4017a 103, 105 OHIO SCHOOL LAWS. 253 Index. Superintendent of Schools Concluded. Page. City boards of examiners, to give information to, 4078 144 Compensation of fixed by board of education, 4017 103 Duties of, 4017a 105 Employment of, 4017, 4017a 103, 105 Order for pay of, when illegal, 4051 130 Penalty for failure to enforce temperance instruction law, 4020-25.. 112 Private teacher, is judge of qualifications of, 4022-1, 4022-3 114 Pupils may be excused from attendance by, 4022-1 113 Suspension of, by, 4014 102 Reports required of, 4052, 4057-4059 131, 133 Teacher, shall appoint in city districts, 4017a 105 Suspension of by, 4017a 105 Term of, maximum, 4017, 4017a 103, 105 Truant officer, directions to, by superintendent, 4022-5, 4022-7 115, 116 Report of, to superintendent, 4022-5 115 Suspension. Director in city districts, may be, 4017 103 Pupils may be suspended from schools, 4014 102 Schools may be suspended in sub-districts, when, 3922 32 Discontinued in sub-districts, when, 3927-2 33 Schools specially endowed, suspension of trustees of, 4105-68 179 Teacher may be, by superintendent in city districts, 4017a 105 Swamp Lands. Interest upon proceeds of sale of, disposition of, 3952, 3952-1 42 T Tax. Board of education, regular tax levy, by, 3958 45 Certificate of, to county auditor, 3960 46 Maximum levy by, authorized, 3959 45 Special levy by, election for, 3993 63 Cleveland, for library purposes, how expended, 4002 74 Library property in, exempt from, 4002-5 75 Manual training school, tax for, 4020-18 110 Sinking fund for library board, 4002-16 79 Compulsory education law, tax authorized, when, 4D22-13 120 Dayton, for library purposes, 4002-35, 4002-36 85 Election on question of special levy, 3959, 3991 45, 62 High schools, township districts, tax for, 4009-2 98 Township or joint township high school, election on question of levy for, 4009-15 102 Election not necessary, when, 4009-15 102 Library, levy for in certain cities and villages, 4002-39-4002-45 87-89 City districts, second class, fourth grade, tax for, 4002-46-4002-49 89, 90 Maximum levy for all districts, 3959 45 Ohio State University, tax for, 3951 41 Ohio University, lands of, on, 4105-4, 4105-6, 4105-7 161 Portsmouth, tax for library, 4006 91 254 OHIO SCHOOL LAWS. Index. Tax Concluded. Page. Property of board of education, exempt from, 3973 54 School property, exempt from taxation, Art. 12, Sec. 2, 3973 6, 54 School tax paid by non-residents to be credited on tuition, 4013 101 Special levy, election on question of, 3991 62 Certificate of, to county auditor, 3993 63 State school tax, 3951 41 Tax levy, maximum for schools, 3959 45 Estimate for, certified to county auditor, 3960 46 Levy to exceed maximum, must be submitted to vote, 3959 45 Universities of municipalities, for, 4104 159 Teachers. Appointment of, 4017, 4017o 103, 105 Certificate, granting of, 4066, 4073, 4081 136, 140, 145 Branches of study necessary, 4020-24, 4074, 4078 Ill, 141, 144 Elementary, 4074 141 Fee required for, 4068, 4071 137, 139 High school, 4074 141 Original or copy must be filed with the clerk of the board of ed- ucation, 4051 130 Prerequisite to employment of, 4051, 4074 130, 141 Revocation of, 4067, 4073, 4081 137, 140, 145 Special, 4074 141 Compensation of, how fixed, 4017 103 Dismissal of, 4009-1, 4017, 4017a 98, 103, 105 For insufficient cause, may institute suit, 4019 106 Duties of, 4018 106 Elementary schools, certificates for, 4074 141 Employed as, who may be, 4074 141 Epidemic, shall receive pay when schools are closed on account of, 4017 103 Examination of, for certificates, 4071, 4071a, 4073, 4074, 4078, 4080, 4081 139, 140, 141, 144, 145 Forms relating to 201, 214 High schools in townships, teachers in, 4009-1 98 Certificates for, what required, 4074 141 Holidays, may dismiss schools on, 4015 102 Institute, may organize, 4086, 4092 148, 150 Schools may be dismissed for teachers to attend, 4091 150 Teachers shall receive pay for attendance, 4091 150 Investigation of, by county examiners, 4073 140 Janitor work not required of, 4018 '. 106 Order for pay of, when illegal, 4051 130 Pension fund. (See pension fund for teachers.) Qualifications for employment in schools, 4020-24, 4074 Ill, 141 Report of schools, required by, 4022-6, 4051, 4059 116, 130,133 Scientific temperance, must be examined in, 4020-24 Ill State commissioner of common schools, duties as to, 357, 4085 10,146 Suspension of pupils by, 4014 102 Term of appointment, maximum, 4017, 4017a 103, 105 OHIO SCHOOL LAWS. 255 Index. Teachers' Institute. Page. Bond of executive committee, 4086 148 Forfeiture of bond, 4089 149 City districts, institutes for, 4092 150 Funds for, how provided, 4072, 4084 140, 146 County auditor to pay to executive committee, 4087 149 Unexpended balance to be returned to county treasury, 4087 149 Organization of, 4086 148 Purpose of, 4086 148 Report to state commissioner of common schools, 4088, 4094 149, 151 Penalty for failure to report, 4088 149 Scientific temperance, instruction in, required, 4020-25 112 Sessions, length of, 4094 149 State commissioner of common schools, to visit, 357 10 May hold institute, when, 4090 149 Teachers may dismiss school to attend, 4091 150 Shall receive pay for attendance, 4091 150 Temperance. (See Scientific Temperance.) Territory. Annexed for school purposes, 3893 16 Detached for school purposes, 3886, 3888, 3890 . . . .- 15, 16 Transfer of, 3894, 3895 16 Text Books. Adoption of by boards of education, 4020-14 108 Board of education, may appoint agent for sale of, 4020-14 108 Failure of publishers to furnish, action taken by board, 4020-13.. 108 Notice to, of publishers entitled to sell books, 4020-12 108 Purchase and sale of, by, 4020-14 108 Exchange of, with pupils, 4020-14 108 Failure of publishers to furnish, action to be taken by commission, 4020-13 108 Filing of, in office of state school commissioner, 4020-10 107 Free school books, 4026 121 Notice to publishers, 4020-11 107 ' Price of, how fixed, 4020-11 ' 107 Publishers' price, filing of, 4020-10 107 School Book Commission, how constituted, duties, 4020-11, 4020-13.. 107,108 Thanksgiving Day. Dismissal of schools, on, 4015 102 Tie Vote. Election of member of board of education, tie vote decided by lot, 3970-10 52 Toledo. LJBRABY. Access to, free to residents of city, 4002-28 83 Board of trustees, 4002-21 80 Bonds, for library, 4002-23, 4002-24, 4002-27 80,82,83 256 OHIO SCHOOL LAWS. Index. Toledo Concluded. Page. Donations, trustees may accept, 4002-31 84 Establishment of, tax for, 4002-19 79 Librarian and assistants, employment of, 4002-23 80 Management of, 4002-21 80 Organization of board, powers, duties, 4002-23 80 Penalty. for injuring library property, 4002-30 84 Report of trustees, 4002-29 83 Site for library, how acquired, 4002-25-4002-26 82, 83 Transfer of property from board of education to library board, 4002-22 80 University of Toledo, provisions applying to, 4095-4105 155-160 Toledo University. Provisions applying to, 4095-4105 155-160 Township Districts. Attached territory, assignment of, 3916 30 Electors in, voting of, 3916 30 Board of education, election of, 3915, 3970-10 30, 52 Meetings of, 3920 31 Special meetings, how called, 3978 55 Membership of, 3915 30 Organization of, 3920 31 Centralization of, 3922, 3927-2 32,33 Classification of, 3885, 3890 14, 16 Clerk of. (See clerk of board of education.) Commencements, held in, 4029-1 121 Expenses of, how paid, 4029-2 122 Compulsory attendance, in, 4022-1-4022-14 113-120 Contingent fund, apportionment to, 3964, 3966 46, 47 Defined, 3890 16 Director, election of, 39zla 31 Enumeration taken by, 3921a 31 Powers and duties of, 3921o 31 Forms relating to 201-214 High schools in, 4009, 4009-1, 4009-2, 4009-15 97, 98, 99 Joint sub-districts abolished, 3923 32 Attached to township district, 3923 32 Map of, filed with county auditor, 3923 32 Map of, 3921 31 Sub-districts recognized for school attendance, 3921 31 Discontinued, when, 3922, 3927-2 32, 33 Number of schools required in, 4007 94 Schools of, continued same length of time, 4007 94 Tax levy authorized, maximum, 3959 45 Teacher, election of, in, 4017, 4Q17a '. 103, 105 Territory transferred, how, 3894, 3895 16 Treasurer of. (See treasurer of board of education.) Tuition, payment of to high school, 4022, 4029-3 112, 123 OHIO SCHOOL LAWS. 257 Index. Township Treasurer. (See Treasurer of Board of Education.) Page. Board of education, is ex offlcio treasurer of, 4042 128 Township Trustees. Corpse, surrender of by, for dissection, 3763 195 Relief of indigent children, to secure school attendance, 4022-9 118 Vaccination of pupils, duties as to, 3986 157 Transfer. Pupils of, from one district to another, 4022 112 Assignment of, 4013 101 When pupil lives more than one and one-half miles from school, 4022a 112 Territory from one district to another, 3894, 3895 16 Form for 207 Transportation. Centralized townships, of pupils in, 3927-2 ,- 33 Special districts, of pupils in, 3934 38 Sub-districts, of pupils in, 3922 32 Traveling Expenses. Examiner of school funds, of, 365 12 State examiners, of, 4068 137 Treasurer of Board of Education. Accounts of, how kept, 4055 131 3ond of, execution of, 4043 128 Copy of, to be filed with county auditor, 4043 128 Funds must be produced and counted, on filing of bond, 4043.... 128 New bond may be required, 4043 128 Release of surety, on, 4043 128 Compensation of, 4056 132 Disbursements by, 4047 130 Election of, 4042 128 Forms relating to 201-214 Funds, amount treasurer may hold, 4048 130 Orders on, how drawn, 4047 130 Receipt of moneys, by, 3960, 4047 46, 130 School district, treasurer of, how selected, 4042 128 Settlement with county auditor, 4044 129 Penalty for failure to make, 4045 129 Successor, delivery of property to, 4049 130 Teachers' institute in city districts, funds of, to be paid to county treasurer, when, 4092 150 Term of, 4042 128 Treasurer of County. (See County Treasurer.) Trial. Blind children, hearing to determine advisability of sending to state institution, for, 4022-10 118 17 S. L. 258 OHIO SCHOOL LAWS. Index. Trial Concluded. . Page. Deaf and dumb children, hearing to determine advisability of send- ing to state institution, for, 4022-10 118 Juvenile disorderly persons, proceedings against, 4022-8 117 Parents, proceedings against for failure to compel children's attend- ance at school, 4022-7 116 Teacher, trial of, by county examiners, 4073, 4081 140, 145 Truant. Forms relating to truancy 210-214 Juvenile disorderly person, truant is, 4022-4 115 Penalties, 4022-8, 4022-12 117, 120 Proceedings against, 4022-7, 4022-8 116, 117 Report, by principal and teachers,4022-6 ' 116 Truant Officer. Complaint by, against child, 4022-8 117 Deaf, dumb and blind children, report of, 4022-10 118 Forms relating to duties of 210-214 Notice to parents, 4022-7 116 Parent, warning to, by, 4022-7 116 Penalty, for neglect of duty, 4022-11, 4022-12 119, 120 Powers and duties, 4022-5 115 Relief of indigent cnild, report on, 4022-9 118 Report to, by principals and teachers, 4022-6 116 Trustees. (See Township Trustees.) Universities of municipalities, trustee of property of, 4097 156 Educational institutions, trustees of, 372C-3771 a 182-199 Ohio State University, of, 4105-10-4105-48 162-173 Schools specially endowed, trustees of, 4105-67-4105-73 179,180 Toledo public library, of, 4002-21-4002-31 80, 84 Wilberforce University, of, 4105-54-4105-65 175-177 Tuition. Free, when, 4013 101 Non-residents, entitled to credit of school tax paid within the dis- trict, 4013 101 Payment of, by agreement between the boards of education, 4022. . . . 112 For "Patterson" graduates, 4029-3 123 Pupils residing more than one and one-half miles from school, pay- ment of, 4022o 112 U United States Military District. Enumeration of youth in, 4030 125 Funds derived from sale of lands in, disposition of, 3953, 3954 43 University. (See Colleges and Universities.) OHIO SCHOOL LAWS. 259 Index. University of Cincinnati. Page. Admission to, regulated, 4100 158 Bequests, may accept, 4095 155 Board of directors, appointment of, 4098-1 157 Powers and duties of, 4099 157 Vacancies in, how filled, 4098-1 157 Degrees, when conferred, 4102 158 Funds, application of, 4096 155 Accounts of, how kept, 4101 158 Site and grounds, 4103 159 Tax for, how levied, 4104 159 University of Toledo. (See Toledo .University.) V Vacancy. Board of education in, how filled, 3981 56 Cincinnati library trustees, vacancy in, 3999 67 City board of examiners, in, 4077 143 County board of examiners, how filled, 4069 137 Director in township districts, how filled, 3921a 31 Educational institutions, in board of trustees, how filled, 3733 183 Ohio State University, in board of trustees, how filled, 4105-38 171 Schools specially endowed, board of trustees of, 4105-68 179 State board of examiners, how filled, 4065 136 State commissioner of common schools, in office of, 354 9 Toledo library board, how filled, 4002-21 80 Wilberforce University, in board of trustees, 4105-57 175 Vaccination. Free in certain cases, 3986 67 Rules in regard to in schools, 3986 57 Village Districts. Abandonment of, 3889 15 Advancement to, 3889 15 Attached territory, assignment of, 3910 Electors, voting in, 3910 28 Board of education, election of, 3908, 3909, 3970-10 Meetings of, 3911 29 Membership of 3908, 3909 28 Organization of, 3911 29 Classification of, 3885, 3888 14, 15 Clerk of. (See clerk of board of education.) Compulsory attendance in, 4022-1-4022-14 113-120 Defined, 3888 15 Election in newly created village, 3909 28 Libraries, may be established in, 3998-6, 4002-39-4002-45 65, 87-89 Tax levy for, maximum, 3959 45 Transfer of territory, 3894, 3895 16 Treasurer of. (See treasurer of board of education.) Village shall become village district, 3889 IB 260 OHIO SCHOOL LAWS. Index. Virginia Military District. Page. Accepting certain lands in, ceded to Ohio by the United States, 4105-iy -4105-25 164-1G8 Copies of entries an-i surveys to be made in certain counties in, 4105-48 i 173 Damage to lands in, 4105-20 . . 164 Deed for lands in, 4105-48 173 Division and appraisal of lands in, 4105-22 166 Enumeration of youth in, 4030 126 Relief for money wrongfully paid, for, 4105-50 174 Sale of lands, 4105-23 166 Title to lands, where vested, 4105-21 165 Visitors. (See Board of Visitors.) Vouchers. (See Order.) w Wages. (See Compensation.) Washington's Birthday. Dismissal of schools, on, 4015 102 Week. School week, length of, 4016 103 Wilberforce University. Normal and industrial department of, 4105-54 175 Admission to, free, of appointee of member of general assembly, 4105-64 177 Appropriation for, 4105-62, 4105-65, 4105-66 177,178 Board of trustees, appointmenfof, 4105-55, 4105-56, 4105-58 175, 176 Expenses of, 4105-59 17fi Meetings of, 4105-59 176 Powers and duties of, 4105-60 176 Report of, 4105-63 177 Vacancies in, how filled, 4105-57 175 Bond of treasurer, 4105-62 17? Funds of, 4105-62 177 Non-sectarian department, 4105-61 176 Tax levy for, 4105-65 177 Woman. Registration of, 3970-12 53 Vote for school officers, entitled to, 3970-12 62 Y Year. Annual enumeration, 4030 125 School year, length of, 4016 103 Time schools must be continued in year, 4007 94 OHIO SCHOOL LAWS. 261 Index. Yeas and Nays. Page. Board of education,. yea and nay vote of, must be taken in certain cases, 3982 56 Youth. Assignment of, to schools, by board of education, 4013 101 Attendance at school, free, when, 4013 101 Attendance of, enforced, 4022-1-4022-14 113-120 Enumeration of, 4030-4041 r 125-128 Employment of, unlawful, when, 4022-2, 4022-3 114 Non-residents, can attend school, under what conditions, 4013, 4022, 4022o, 4029-1-4029-4 101, 112, 121-124 z Zanesville. Charity school at, children may be sent to, when, 4011 101 UC SOUTHERN_REGIONAl. UBRARY FACJUT